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HomeMy WebLinkAboutcoa.lu.ud.Peppermint Tree.1979 /--\ ~ 1bLliiJ W Ii c-1\W~VlV-' .. (!?, 7~ ,.t&<J ~ .-, City of Aspen Planning and Zoning Board Aspen Colo. Sept, 3, 1979 Dear People, The Peppermint Tree has been part of Aspen since 1960 when it was situated on South Mill St. For the past two years we have been attempting to relocate the store in an area where the rent is commensurate with a family owned confection business. We have recently found such a location at the corner of Hopkins and Hunter where the former Eberli Lodge is being remodeled into spaces for businesses. The Peppermint Tree is a retail business well established with the local population. We produce each day approximately 25 pounds of homemade candies, We retail quality products from other manufacturers, domestic and foreign, packaging all the products ourselves. During the summer months, we also sell ice cream made by a small local manufacturer. This location is desirable to us due to its proximity to the core area where many locals do their shmpping.and socializing. In our former location our business consisted of approximately 60% tourist trade and 40% residents. Because of this location, we expect these percentages to change so that local business will predominate, Sincerely, ~\c0 Neil and Mabel Macdonald, owners NM,MM/mm . ~~.?, ._"'" ~, ,'-', MEMORANDUM TO: FROM: RE: DATE: Aspen Planning and Zoning Commission Karen Smith, Planning Office Peppermint Tree Use Determination August 31, 1979 We have received an application from the owners of the Peppermint Tree Store, Neil and Mabel Macdonald for a use determination for the location of their store in the C-l district. Specifically, they are interested in locating in the former Gastof Eberli building which is converting, as you know, to commercial space, This area is zoned C-l, the intent of which is "to provide for the establishment of commercial uses which are not primarily oriented towards serving the tourist population". The list of permitted uses does allow for some retail establishments, but those are limited to the following and similar uses: antique store, appliance store, art supply store, book store, photo and camera shop, art gallery, florist, hobby or craft shop, jewelry store, pet shop, furniture store, hardware store, paint and wallpaper store. A candy and ice cream store is not listed in the zone district, although a candy store is listed in the Commercial Core. The grounds on which you are to make a use determination is that the use is so similar to the list of permitted uses that you think it was intended to have been included, The Planning Office has evaluated the application and can make some statements for and against the application. On the side arguing against the appropriateness of candy store in the C-l district is that: 1, Candy store is listed in another zone district so presumably the authors of the zoning code did intend to exclude it from the C-l zone district, 2, The applicants have indicated to us by letter that they do cater to , the tourist trade. The location is desirable to them because it is close to tourist walk-in traffic. 3. The City Attorney has reviewed the application and felt that it is probably inconsistent with the C-l intent given the language of the application that "This location is desirable to us because of its availability to the core area which attracts tourist business." 4, Upon pursuing further factual information, we asked the applicants what the actual percentage of tourist business was, They estimated the tourist percentage to be 65% in the peak winter season but dropping to zero in the off-seasons and to a lower proportion in the summertime. In the summer the applicants also serve ice cream and presumably cater more to the residents, Speaking in favor of the application, is the following: 1. While the use may be technically 65% tourist at peak times, the use is generally acknowledged as a local business, it has been in operation for a number of years and is considered a specialty store that is attractive to the local residency, 2. The use might be more locals oriented if it is in this location as opposed to its former location next to Magnifico's Liquor Store. 3. There was a previous similar application in December of 1976 whereby the Chocolate Soldier, a candy store, was found to be a use permitted in the C-l zone district by the P and Z and approved as a conditional use sometime later in January. The Planning and Zoning Commission's main concern then was that it not turn into a sit-down eating facility. Since then the Code has been amended to allow limited food service sit-down facilities though none have never been applied for. This was more in the nature of a coffees hop that would, be stri ctly oriented to locals. I""'" .~ Memo to Aspen P and Z Re: Peppermint Tree Use August 31, 1979 Page Two The question seems to turn then on the strict factual interpretation of percentage of business devoted to tourist uses and the fact that a candy store is permitted in another zone district thereby signifying it was not intended as a use permitted in this zone. versus the historical view of this asa local bus,iness which is a favorite of local residents in addition to a place frequented by tourist, The list of permitted uses does seem to orient toward uses that are not typically ones that attract tourist but may attract both locals and tourists. Weighing these matters in the balance and considering the importance of trying to hold what is sometimes an elusive line between zone districts, we feel we must recommend denial, However if the Planning and Zoning Commission finds otherwise, it is up to the Planning Commission whether to find the use to be a conditional use or one permitted by right. In the case of the Chocolate Soldier, that was a conditional use and thus proceeded to have a conditional use hearing, This example may be different because there really is no contemplation of sit-down eating or consumption of food on the premises other than the first lick of an ice cream cone perhaps. In the this case then you might find it to be a permitted use with no further necessity of a hearing, (""'. ,,,....,, MEMORANDUM DATE: August 7, 1979 FROM: Richard Grice Ron ~S The pe~; Tree Use Determination TO: RE: The intent of the Cl district is "to provide for the establishment of commercial uses which are not primarily oriented toward serving the tourist population". The letter of June 5, 1979, to the City of Aspen from Neil and Mabel Mac Donald contains the following language: "This location is desirable to us because of its availability to the core area which attracts tourist business". A factual review of the Peppermint Tree's current busi- ness should be conducted to determine if they are pri- marily oriented toward serving the tourist population. It is my belief that they are. If such is the case, I would recommend denial. RWS: mc - f"i\ ^ MEMORANDUM TO: ~ Stock, City Attorney FROM: Richard Grice, Planning Office RE: The Peppermint Tree - Use Determination DATE: June 14, 1979 Attached please find letter from Neil and Mabel Macdonald concerning a Use Determination of a commercial confection business to be located at the Eberli Lodge. This item is scheduled to come before the Aspen Planning and Zoning Commission on Tuesday, August 21, 1979. Therefore, may I have your written comments concerning this matter no later than Monday, August 13, 1979. Thank you. ~ ~/ ~ _ , . 0 ~--L .~~, ~~/-~~J ~ /) n ~_ ~f.;J ~., ~~ "=-p~ t::~ ~ ~.J:, fM.i.,t(\.f..J ~ ~ .AJ..<A.u ':J ~ ~I.,.-,;;t ~.fl ,. , . '.~." -1'- "~"'''.:''.';::~ ,...,~.".~>. "."'."'~';- 'Zrr-;" ........,,;~..~~: '~'.".-l'.t~- ~_....;....~_._~. .......-.-__.. _,,_~ ~"'~"_''''''__'~,''''_ __._ t""'" ,,-.,, MEMORANDUM TO: Ron Stock, City Attorney FROM: Richard Grice, Planning Office RE: The Peppermint Tree - Use Determination DATE: June 14, 1979 Attached please find letter from Neil and Mabel Macdonald concerning a Use Determination of a commercial confection business to be located at the Eberli Lodge. This item is scheduled to come before the Aspen Planning and Zoning Commission on Tuesday, August 21,1979. Therefore, may I have your written comments concerning this matter no later than Monday, August 13, 1979. Thank you, f"I'. ~ ~~~ ~= 7=~ ::S~;~~~~~~~~~~~;~;~ 11takt 11tawlUlld 1td~~ J'T / 1; / Oity of Aspen Planning and Zoning Board Aspen, 0010. June 5, 1979 Dear People, For the past 19 years, The Peppermint Tree has been part of the local business community. During the last two years we have been attempting to relocate the store in an area where the rent is commensurate with a family owned confection business. We have recently found such a location at the corner of Hop~s and Hunter where the former Eberli Lodge i,s to be remodeled into spaces for retail businesses. Essentially The Peppermint Tree is similar to any other cash and carry retail store in Aspen. We produce each day approximately 25 pounds of homemade candies. We retail quality products from~ther magufacturers, domestic and foreign, paCkaging all the products ourselves. During the summer months, to bolster drastically lagging candy sales, we also ,sell ice cream made by a small local magufaeturer. In this respect our business is similar to the Baskin-Robbins store in the same district. This location is desirable to us because of its availability to the core area which ,attracts tOUJ:'1st business and because of its affordable lease rate. We would be happy to discuss this in person and to answer further questions. Sincerely, ~ ~~- ....-1' ~~~~~ Neil and Mabel Macdonald, owners NM.~/mm P.Q, Box 495 . Aspen, Colorado 81611 . (303) 925-7029 ~--- fC~M ~O C. 1'. HOrC~rl B. 5. It t. (:(1. ~ ,~, [ I REGORD OF PROCEEDINGS 100 Leaves ~ regular meeting of the Asnen Planning and Zoning Commission was held at 5:00 in the Council Chambers of City Hall on January 18, 1977. Those members present were Chic Collins, Roger Hunt, John Schumacher, Olaf Hedstrom, Tom Isaac, with staff persons Bill Kane and Sandra Stuller present. APPROVAL OF MI~UTES OLl) BUSINESS CHOCOTJATE SOLDIER Public Hearing NEW BUSINESS i 4 1 ,I ASPEN SAVINGS ILOAN ;~ '{ , 1 ! r ~1 ,. f: n "i '1 , I H 1~ q ,,~ '..i :~ t '1 j ,I I: .1; ,::J "~ '1 ~ j 1 Hunt moved to table the minutes of the last meeting seconded by Hedstrom. All in favor, motion carried. Hunt moved to add a request for subdivison exemption by Stein-Thor-Jacobson to the agenda, Hedstrom seconded with all in favor, motion carried. A conditional' use hearing on the Chocolate Soldier is being heard today. The members were presented with a floor plan of the proposed candy store anda letter from John Kelliher was read, The Planning Office stated that it has no problem with this application as long as there will be no sit down serving. If candy is put into a box and sold then this \.lOuld be acceptable. Collins opened the public hearing, there were no coro~ents so the hearing was again closed. Hunt moved to grant the conditional use Soldier with the stipulation that there serving and no food consumption. Isaac motion, all in favor, motion carried, to the Chocolate be no sit dm.,n seconded this , This is an application for Specially Planned Area l by Aspen Savings and Loan. Kane explained that no reg- f ulation for cOY.'.mercial office space had been provided for r in the original draft of the Growth Management Plan. By Council direction this was included. Until a E;pecific plan for control of the NC and Cl districts Kane felt t,his project should be considered. This ,application involves six NC lots on ,Mill Street, .../hich is zoned SPA. This is separate from the Truman application. An over all masterplan for this buidling has been required by the Planning Office. Kane suggested setting a hearing date for this application. J.R,McCarthy and Tom Wells are t:he architects, Kane explained that the application i~ for the Aspen Savings and Loan building, 9,720 sq. ft., 18,000 is slightly over .5 FAR. The members reviewed theplans ....rith the' applicant. The grade starting from the ~rerome all the way down to the TI:ueman proTJerty will raise but since they are not certain of the amount the abplicant used estimate's on the .plans. Clarks concern had be~n I the lot shown as being" de!),reSSed . Therefore, the p,lanners,. changed the three story proposal to a two story buidling. T,here' will be parking in t:he rear. l"i'ells explained that I"', this building will house only Aspen Savings and Loan, , it will not have leased space., He feels that the parking , meets the needs of the key employees and customen;. The scale of the building was studied closely. The ex- terior will be wood, and the construction conforms to the new insulation code.' ~1cCarthy expalined how t:his proposal will work in with th~ grocery and the bicycle path down 'Mil, 1 street. Kane expresse,d a desire to organiZ,j,.,.". the parking in such a way that it would be feasible to park once and go to the Post Office and shopping. " , There will be a 4-5 ft. high enclosure on the roof of ~ :~~o;~:~:~~~:~~~~~'~~~:~~;:::!~ ;~~~:::~h.~~:;~~~:::~i,~ bank will be landscaped and possibly the electrical wiJ{ti~~'if ~< )>.;~'. i""-- "':'''' ..:t;l Regular Meeting Chocolate Soldier - Use Determination Pawn Shop Use Deter- mination Subdivision Exemption - Slavens ~~ ,-~, '.'.' - ~ ~ Planning & Zoning December 14, 1976 Clark submitted a re-draft of the six month leasing restriction with a fifth paragraph added. Clark told the commission that Council had passed on a rezoning Ordinance ror Alpine Acres, zoned R-15. The Council added ,some restrictions, that the duplexes have a 1600 square foot per side FAR, This would reduce some of the bulk of the buildings, Council also added a six month leasing restriction. Clark stated this is a use aetermination for a candy store located at 308 S. Hunter, A design of the use was submitted. There is no sit down eating area. The P & Z has approved two food-type uses in the C~l district, The planning office's general concern is that these food uses not include any sit- down facilities for restaurant service. The planning office recommends approval with the constraint of no sit down. Keleher stated he felt the orientation of the building and its located was most advantageous. This will be more of a gift shop. Keleher pointed out that this will face the CC zone. All the food will be boxed or wrapped. Collins read the conditional uses in the C-l district. Keleher told the Commission this store had been approved by the sanitarian. Collins said if this was approved as a specialty food store, that could apply to many concerns. There would be a proliferation of these on the fringe of the CC district. This will make less space availabie for those uses meant to be in the C-l zone. Keleher asked if he could go ahead and start the business before the public hearing, City Attorney Stuller said there was no precedent for this. Clark stated this would be predetermining that this is an allowed use~ Hunt moved to set the public hearing f~r a conditional use for January 4, 1977; seconded by Isaac. All in favor, motion carried, Clark said this is a use determination for the Hotel JeJ:ome for a pawn shop. This will be buying, selling, trading, holding in pawn new and antique merchandise, The property is zoned CC. 'I'his is a combination retail and financial institution. The rEcommendation of theplanr.,ing office is approval by right in this instance. Isaac stated that he, thought a pawn shop was a bad use in the hotel. Hunt rr~ved to approve the pawn shop as a permitted use in the comme:rcial core zone; seconded by Hedstrom, All in favor, with the exception of Isaac. Motion carried. This is a request for subdivision exemption by the SlavHns to 'divide lots Q, R, and S in Block 35, East Aspen Townsite into two parcels. The division would leave lot S to go with the existing single family dwelling. Lots Qand R are currently vacant. The property is zoned R/MF. The Board of Adjustment granted a variance to create a non-conforming lot. Clark read the minutes from the, Board of Adjustment. The planning office is concerned by the principle of establishin a non-conforming lot. This could establish a new way to create developable parcels within the City. In this particular case, since the property is zoned R/MF, in all probability it will be developed in high density. The planning office feels that the single family dwelling on Lot S should continue to exist. The planning office supports the exemption, Lot S should be deed restrfcted to a single family dwelling. Hunt pointed out that the applicant would benefit from this non- conformi:ng procedure. Hunt said he would like to minimize the expansion of the non-conformity; there is a logical limit that that lot can support. I -2- q~~ ;?l 1 . l~ \..J