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HomeMy WebLinkAboutcoa.lu.ud.McGovern.1979 ~ -"-'" ~JltuJ ,--- ,~\ , .l~ CItY<()F"ASPEN )> 130 sou t h g a I en a ,~tree t aspen" J:.!:!~r~~i816 i 1 "'.<'.'i( ,-" . :,larch 2, 1979 Say Fromage c/o Mr. Don McGovern 620 East Hyman Aspen, Colorado 81611 Re: Compliance Work Schedule Dear Mr. McGovern: This communiqation ,is intended to br.ing up to date requests that were made by this office in a letter to you dated January 19, 1979. On or before March 1, 1979, your, organization was obligated to submit remodel plans to this office for review and approval. The r.emodel plan was to address: 1. Installation of a functioning hand sink in the front food preparation, area. 2. Replacement of cinder block shelf supports with those of an, approved design. 3. A sealed impervious surface covering the cinder block wall behind the ware washing facility. 4. An' approved installation of the automatic dish- washing machine. 5. Approved (National Sanitation Foundtion tested or comparable) replacement equipment, such as the oven stove Unit. ' The most recent inspection of February 15, 1979, revealed that items 1 and 2 had been brought into compliance and items 3, 4 and 5 were in the process of being brought into compliance. Due to this good faith approach expressed by Say Fromage, it ~ is the opinion of this office that the work will be completed ,r"\ ,~ Say Fromage March 2, 1979 Page 2 by the defined date of June 15, 1979. be performed on that date to determine .. and 5. A return inspection will compliance of items 3, 4 Thank you for your cooperation. 3incerely, ~:2-!6~ Thomas S. Dunlop Registered Sanitarian Department of Environmental Health TSD:mc cc: Colorado Health Department Aspen Building Department Aspen/Pitkin County Planning Office / , / ' ~ ~ ~~ -,,',,!-,", .""~~ ,.. "_.~J;t! CITY.OF"ASPEN , " ',*, 13 Os o;~t hga lena) t re e t asp e n ~"c,oJ o,r ad,Q> 81611 W"~,.L\.::':",,,,i!~ ~ r-.. r-.. Re: ~ ---- ~/p7V1 1'1 Iv:. fi,rf;I. +G--'~ I) ""1"~ ~.jLA}.i l,.,) v I 'i ", I) i l~Jl {!,,,i1 ~i'1c cl~ll.~'~ C January 19, 1979 /'1 { , \;i d,f I ~ uv~ , ,~&-' qJ le, L~rt," 'f , ( G,,/\ , r"~,l..\W ~' '., ,",\J,".ik;/<..'-' , ~7_}.,.../'..tv/" _'.'. ...... f" 1 " l ." 'J'''}:" ' =. ~ .\.)_;,-..\,\ \,4-' ----' \ Compliance with Colorado Rules and Regulations Governing Food Service ~ffJ.... Ie, --- /":"";\ Establishments LJ I {; f' .:} ,X ,t)t',,~.. VTO ./ 1'\ '.~-'j"V 1, "-...' ,> RAND DELIVERED Say Fromage c/o Mr. ~on McGovern 620 East Hyman , Aspen, Colorado 8l61l Dear Mr, McGovern: A routine inspection of Say Fromage was performed by this office on January 19, 1979. Due to violations noted it is felt that a summary .of past inspections is necessary. Delow find repeated violations which have been noted on ipspection sheets: August 6, 1976 1. Cement blOck shelves shall be replaced with smooth easily cleanable supports in the,future, 2. Provide a 100 ppm chlorine solution to clean and sanitize the slicer. 3. Keep all pets out of the establishment. ,September la, 1976 1. Food is stored on the floor in the storereom. 2, Cement blocks used as shelf supports are not cleanable. December 13, 1976 1. Cement block shel,f supports are not smooth or easily cleanable. .2. ,Employees are not using hair restraints. 3. 1::mployees are not washing their hands prior to pre- paring food after hand to mouth contact has been made. ',February 3,1977 D 1. ':Iatural woed shelving in the rear storeroom is not cl~anable. ':~:,;~,~-":..~,..:;;.:~;;o;",,=,,.':,. ,....~.... ,<'~"'""",,,,,,_,,,.,>.:,' .,_'_. =: "~~:~~"<""":.-:--~-'~""~~,....r", ""'''''.,.'~'_';';:~'''~ "_'.._..,_ .~."._,____..;~.___.. ',,::'-"'11 . I"", ,--. Say Fromage January 19, I979 Page 2 June 5, 1978 1. Single service feod contact items are not properly stored, 2. Unfinished wooden shelving is present in the rear sto,rereem. 3. Unfinished wood counter is present by the three compartme,nt sink. January 19, 1979 1. Unfinished wood is used as counters, shelves and support structures. 2. Food is stored on the floor, 3. A dog is present in the establishment. 4, Single service food containers are improperly stored. 5, Shelving and supports in the rear storeroom are soiled witb spilled food and liquid. 6. I:mployees are not wearing hair restraints while working in the food preparation areas. As is evident above, specific items occur with some degree of frequency. It is felt by this inspector that the concern shown in correcting the vielations is not as sincere as it should be. Say Fromage is licensed by the State of, Colorado and the City of Aspen as a restaurant. 3y applying for these licenses, the applicant must be aware of the rules and regulations governing the operation. Specifically de~ling with the state license, Section 12-44-206 describes the applicant's charge prior to issuance of the license, "... If the applicant meets all require- ments of this part 2 and the rules and regulations enacted pursuant to this part 2, the department may approve the application for such license or certificate. The department may refuse to ,grant a license or certificate for failure to comply with the rules and regulations, or if the p,remise on 'Which the applicant conducts or proposes to conduct his. business do not meet the requirements of this part 2.. ..." It is the suggestion of this office that, for your reference, you review the enclosed copies of the above- referenced material. In 1976 Say Fromage opened as a cheese store. At that time, taere was a concern expressed en the part .of this inspector that the busines.~would increase in, dimension to the point that improved facilities would be necessary, Two such concerns were that food . preparation.wouldextend'out into the display area and the'menu would be expanded. Both ,of these forcasts have materialized to the point that are-evaluation must be made of the original . . ,-, ~, Say Fromage January 19, 1979 Page 3 equipment installation. A point in fact being Say Fromage has grown from a cheese store to a fully licensed restaurant/catering service with onsite sit-down table service. During this expansion period equipment such as a non-approved stove, unapproved shelving and a dishwasher which is incorrectly installed have been placed in the establishment. Further, the hand sink installation in the front preparation area, whiCh was objected to by yourself, is now a required item. At the time of the limited service the restroom hand sink was sufficient, now it is not. It is the observed opinion of this department that owner/ employee concerns with governing rules and regulations has given way to those of business expansion. ;)ue to this opin,ion it ,is the request of the Health Department that priorities be re-assigned to include attention to license obligations, Specifically, by March 1, 1979, plans shall have been submitted to this office which include: 1. Installation of a functioning hand sink in the front food preparation area, 2. Replacement of cinder block shelf supports with those of an approved design. 3. A sealed impervious surface covering the cinder-block wall behind the ware-washing facility. 4. An approved installation of the automatic dishwashing machine, 5. Approved (National Sanitation Foundation tested or comparable) replacement equipment, such as the oven/ stove unit. After this plan has, been submitted and approved the completion of the project should be finalized on ,or before June 15, 1979. A re-inspection will be performed at that time to determine cOmpliance. ""',''''''''''-" ."',,,,,,,,!,:.;; Contact this office should you have any questions. Also, cOntact the Aspen Building Department for appropriate apprOvals and permits. ':';4,':'.; Sincerely, . ~~~ ThomasS. Dunlop Registered Sanitarian Department of Environmental Aspen/Pitkin Planning Office CC: Colorado Hea.1th Department Aspen Building Department Enc1: J TSD:mc . ,.\:. .if-~"~' Health fORM 'I C,F,IIOF.CKElO.D.l\l.CO. Regular l'leeting !1otion I j 1 I Conditional Use Public Hearing Durant Hall Notion Rezoning Procedures Reset Public Hearing Hotion ,-, ,..-., RECORD OF PROCEEDINGS 100 Leaves Aspen Planning and Zoning C,:numission Hay 18, 1976 Hunt made a second to Abbott's motion to table the Durant Mall. Oates asked if He and Ginn could give input at the study session, The members felt it was alright. All in favor of the motion. Motion carried. The Study session was set for Thursday, May 27 at 5:00 p.m Clark explained Larry Yaw would like to build 3 apartment units in the Durant Mall. The space was set aside for office space. Clark asked the commission to set a conditional use hearing for June 15. Abbott made a motion to set a public hearing on June l5, 1976 for a conditional use hearing for apartments in the Durant Mall; seconded by Downing. All in favor, motion carried, Clark explained the Commission had already set a public hearing to change the rezoning procedures where" the City would send a notice of public hearing to the presiden of the Condominium instead of individual condominium owners, Clark asked the Corruuission to reschedule the public hearing. Abbott made a motion to reschedule the public hearing on the rezoning procedures to June 15; seconded by Hunt. All in favor, motien carried. Gavilon Condominiums Oates represented Gavilon Condominiums. Oates asked the P&z to approve a replat of the Gavilon Condominiums be- cause the units are not designated as they e}:ist in place on the plat. They would like premission to file a replat correctly designating them, the error was made by the attorney who originally did the condominiums. Oates explained it is a matter of getting the right owners with the right units, The plat ~lill be checked i^iith the City Attorney and the Planning Office and then tile P&Z wil sign the plat without another public meeting. Notion 620 Hyman Building Clark read section 21-B of the Subdivision regulations. Section 2l-B allows the Commission to make amendments to recorded plats provided they are engineering or drafting errors. Clark mentioned the City Attorney had looked at the plat and has stated there is no problem with re- approving the plat. Hunt moved to allow the administrative plat amendment to Gavilon Condominiums; seconded by Abbott. All in favor, motion carried. Kane explained the P&Z is being asked to make a deter- mination on the proposed use of the 620 Hyman Building which involves catering and some food sales. Kan~ continued stating that Don Fleisher owner of 620 Hyman Building came in under Ordinance 19 and haq the building approved which included a restaurant in the basement and basically C-l uses, at that time. The building con- tinued under Ordinance #19, Series of 1973, approval. One of the uses that was considered at that time, which is the catering service and food sales, is now a use that is not clearly spelled out in the Cool zone. Fleisher's argument is that in the text of the uses that belong ,_~____=_"_,_,_~,_c,,,_,,_, ;:,,~;;~'...-..;. ..,' ';--~:'j,'~'''-'~:>~ ---: ..--.-~~-'----"--"--""-'~"--- . j .~ Ie Planning and Zoning Commission /","", /"'"" Nay In, 197G in the C--l zone, the catering service is a permitted use. '1'he problem is a question of interpretation of the code. Kane felt the use in question could be interpreted as a catering service. Fleisher was present to defend the catering service as being a use in the C-l zone, The store is a gourmet food store and is all retail, The problem is the tenant is being held up in getting a building permit ,to complete the installation because the building department is not su it is an appropriate use. Fleisher thought it was made clear to him that he couldn't have any more restaurant type food services in the building once the lease in the basement was signed. Under Ordinance #19, Series of 1973, Fleisher was gran'ted permission to have a restaurant in the basement. The retail level had to comply with the C-l uses and the top floor would be offices. Fleisher mentioned a lease has been signeq with the tenant with tQe understandin~lt will fle a~~~n(1 ~Ptrli~~type use ann ~l;-e-.w.i.l.l ))p rye) sit down foor' "p,,",,;("p ",llow<'!d. Tnere is also a lease stating the owners of the building will not sign a lease with anyother tenant in the building for restaurant food service. Fleisher is asking the Planning Department to reco~mend the use be interpretated as a retail use with catering in the C-,l zone, which would direct the building inspector to issue a permit, I Kane feels the code could be amended to include,catering and food sales as an accessory use to the principle use of catering, Fleisher explained that 55% of the business will be in non-refrigerated prepared foeds; 20% will be open counters of cheese and sausage, the last 25% will be in catering and appliances will be in the 55%. Notion Hunt moved that the Planning and Zoning define the accessory sales of canned goods, cheese and sausage and "lhe-"-del~catessen ~tems as aC..Qflsse)ry nsp to catering ~S~.i.:.!!.j:,X.",1,l_n9.~:r::_,j;:.I1~_EC;>~.::,~E()~.iE:E!2:.,,!=:hi?-j;._th~E? is no pro- v~s~on made for on-s~te consumpt~on of the food. The motTOlr'wa:"S.~'s'ec=<:i-eEl---l:ry-fluwlllli9. All. ~n :taVU.L, motion carried. Old Business Abbott asked Clark to, comment on the research he had done on the Omni Music Shop, Clark replied that the building inspector did go to inspect it; however, the shop was closed every time. Clark mentioned there \~ere four different occasions Omni Music was discussed by the Commission. The first occasion the Commission denied the ,applicant; second it was set for a public hearing for conditional use; third there was a public hearing with no decision; and the fourth occasion a decision was made. Clark then read the motion for approval and felt the conditions for approval were unclearly stated. Clark asked the commission to state more direct clear motions. 'Motion Abbott made a motion to adjourn at 6:35; ,seconded by Downing. L~/!f lJ;,'!<;lputy city Clerk ~ ,...".......,,--,-,;..,__0_.;. _;:,,~,,- "~ ,.. .' '''- ,.. '" :J,,::~~c7;t~'J~ ',""~" ;J"~, ,. .. ",."'--:".~~, ~._:.~ --.":,"-'=" , G' ,'''' .:1>":::;0:..,----- ~__~__.. .. .. "'.' 'C....,..,.. "':".",'" - ~ _c,? .. k'7"- .l~' , .",~"Y. ' "1 ';;:<i:~,,,;-:~_:, , ~'. . . . .,', '" ,.. .. '. .. . "". .. ...-. ....-."-~-- "-,:-'-.._;_._.:_.,,.~. ~;;.o._.~ ..-.----..,-'-'c_......'."-":r.---~~ ".-.-__,..:::~.,~_,~_,_ '. "';';;\,:'/< "'fi " . \ \ I ,!",,\ .~ MEMORANDUM TO: Planning and Zoning Commission FROM: Planning Office (JS) RE: Zoning Use Determination DATE: May 13, 1976 A specialty food store is proposed for the 620 Hyman Building in the Commerica1 1 (cl) zone. The P & Z must determine if the proposed use is expressly or conditionally permitted based on an analysis of the intention of the district and the compatibility of the proposed use with the C1 permitted and conditonal uses, The intent of the C1 zone is to accomodatethose commercial uses that are not primarily oriented to serving the tourist population, The gourmet food and food preparation appl iance store represents a specialty type store, and it does not neatly fit into the local or tourist market categori es - most 1 i ke 1y, it wi 11 serve both, The store operation is fairly compatible with the permitted uses in the C1 zone, and a catering service, included as part ,of this proposal, is listed as a permitted use. The use is also compatible with other neighboring businesses of a specialty nature in the C1 District (Patricia Moore, Board & Barrel, Explore Books, etc.), The P'f-a.Minq Office recommends that the proposacLgOtJrmet food and food preparation appl !..."Itee- store be a CC1l1e+ttO~use in the C1 zone. The special review byth~-P--&-L W1Frt-a4~examination of the specific propos.9J.:--~e, square footage ~eration as related to~purpose of the C1 zone and allowed uses, f,o, M-C. ~~C0~ ~ ~~ ~r ~~.p ~~, ~~ /r2- <s1~?6 ~ ~,~ /~ '"'~:{-.: . T'~-" . , ~, 'H" r If. H ,'. Ii H '.-" . , , r; ;1 !, ..,. I :, I , I , . >... "i ,.J-" -"".......~. ',-,' '. ....- T' i 1 lo,'" '."', _..:.:...:....~,:;;' .~ . ..- '- . .A 1'''''''\ A"i1."l'1I\J I!"n~ --\ \:~ i!'. 't~1 i"" H'01 iP ,,',:.,11, : ,- io,,' t ,','1 fl t; i\'~l f,'>" '" 0 " ,'! " '. ',0.' (' , " f "x.' '.' %~ f'-~'-'?>' I:'~ 111"J jiW~ l, 1 i"M\l..uj',I'~'f i ,'" , ! '" ~" Ii,. , ,. i i 'I ", ' \' '" ~} ltbJ kf' J' [, ", , , @ lrVjl"f 1n~N"iTIr' m i'l ~ II ILf" 10"']1 ll' t~",~ v'\' t I! ;, ~.' ~~i 11 1"1 (1'" "" i,~ \' 1_'1 ' r ',ft :' t ill' n '~\\ II i"~ l8J'" fjf>' ,'. " " Ill"'" 't.! " ._'~, ..'. , '",. ," .,.t f-:'" ...' - i:l " ,', ' ,'if,>, ",.., , "',':\' "'Jfii1.., .~'I.V' May 10, 1976 Mr. Hall Clark Planning Department City of Aspen 130 South Galena Aspen, Colorado 81611 Re: Don McGovern's proposed Gourmet Food Retail Outlet in the Street Level Floor of the 620 Hyman Building. Dear Hall: In follow up of our conversation today, I appreciate the possible con- fusion regarding the conformance of Don McGovern's cheese and gourmet shop with the applicable C~l code. The character of the proposed shop is equivalent to the Swiss Colony or Hickory Frams stores found in most large shopping centers, Don's store is considerably above these in quality of goods available for sale, though. The distinguishing feature of this type of store is that they retail specialized food stuffs for use at home. This separates them from delicatessans that serve prepared and unprepared foods for take-out or limited sit-down. While, on the other hand, they differ from food markets in the substantially lower frequency of consumer purchase, In addition, Don will be operating a catering service from the store that is planned to be 20-25% of his business. Therefore we have a special- ized retail store oriented to the permanent market, selling gourmet foods and food preparation appliances. This store was planned to compliment the Board & Barrel, a quality retailer of specialized household and kitchen products. We fully understand and campI iment your concern about openi ng another fast-food, deli-type sandwich shop. We have no intention of doing this. We do feel that a quality line of specialized food, coffees, tea & spice, and food appliances is a benefit to the retailing community. Furthermore, this is certainly a permanent resident type of business. We hope this will clear up any confusion over Don's store type and sub- sequent compliance, and therefore allow issuance of his building permit. I thank you for your concern and cooperation. Cordially, Robert B. Jenkins THE DONALD J, FLEISHER CO~IPANY, lNC, P.O. Box 15000, Aspen, Colorado 81611 (303) 925.2122 '~'f.,.... "y-"." '7"-'1'-:; . '.<'~""', ,,', :Il H ;\ it I, 11 " d " n ;! l' , . . , , , ,,,;'.' m .,',', ,',. .; "/,......,.,-.. f^"....,...,..:.......,., .~,,' ..'~..... ......< .' .'...~,...,...:~.:;..J t l ~ ,.., r' \ 1 .' ., .,..'. ';''1''''''::':''' ,~\ ' ~ ", . .'.-.-.- . . -:-'~~i!..',i.,- ;"7-.:-~:... :.-.- ~ :=_., -:-..- - ~,?L,~" ,_:,,::::"::=::-::;:':'_._ ~~.._.._.~--_. , . .'" . ~,--~._:.___,,_ --'--------..,--.___-'--_,;.v- _ r "::-."7".. ~... . ..\.. -' ,... .-. r.P$ ~ ,~ u-,,1,.,C, h'e-'p,("~{::Ji. (7:~)" Cc,.o" U'\!'"'ffiO, Ali- S,n1 '0' ',D' A .i.' 'V,-,V \7;~::" '1....'. 'J. 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