HomeMy WebLinkAboutcoa.lu.tu.307 S Mill St.0080.2007City of Aspen Community Development Department
CASE NUMBER
PARCEL ID NUMBER
PROJECT ADDRESS
PLANNER
CASE DESCRIPTION
REPRESENTATIVE
DATE OF FINAL ACTION
CLOSED BY
0080.2007.ASLU
2737-18-2-17-003
307 S. Mill St.
Jennifer Phelan
Insubstantial Temporary Use Permit
Betsy Sima
12/28/07
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NOTICE OF APPROVAL
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For A Temporary Use Permit for 307 S. Mill Street
(Pacifica Seafood and Raw Bar)
Parcel ID No. 2737-182-17-005
APPLICANT:
REPRESENTATIVE:
SUBJECT & SITE OF
PERMIT:
Barnard Robert Trust
Betsy Bums Sima, Aspen Events Inc.
Insubstantial Temporary Use Permit for a tent
located within the public right of way
SUMMARY:
The applicant has requested an insubstantial temporayy use permit to locate a tent in front of 307
S. Mill Street (aka Pacifica Seafood and Raw Baz). This azea is within the public right-of--way
and typically accommodates outdoor seating for the restaurant. The proposed tent's dimensions
are twenty feet by twenty feet. The tent will be erected on December 30, 2007 and disassembled
on Januazy 2, 2008.
STAFF EVALUATION:
Staff supports the request for a temporary use permit. An encroachment license has been granted
by the engineering department and the fire department will be inspecting the tent for exiting and
fire safety. The tent will be located where outdoor seating is typically provided for customers of
the restaurant and will not impede pedestrian traffic on the pedestrian mall. Staff finds that the
temporary use request is meets the Review Criteria attached as Exhibit A.
DECISION:
The Community Development Director finds the Insubstantial Temporary Use Permit to
erect a temporary tent as described previously in the summary meets the standards for
issuing a permit and hereby APPROVES the request as specified below.
The approved Insubstantial Temporary Use Permit, allows the applicant to locate a 400
square foot tent in front of Pacifica Seafood and Raw Bar (307 S. Mill Steet) on December
30, 2007 to be removed by January 2, 2008.
APPROVED BY:
Chns Bendon
Community Development Director
Attachments:
Exhibit A -Review Criteria
Exhibit B -Application
Date
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Exhibit A
A. The location, size, design, operating characteristics and visual impacts of the proposed
use.
B. The compatibility of the proposed temporary use with the character, density and use of
structures and uses in the immediate vicinity.
C. The impacts of the proposed temporary use on pedestrian and vehicular traffic and traffic
patterns, municipal services, noise levels and neighborhood character.
D. The duration of the proposed temporary use and whether a temporary use has previously
been approved for the structure, parcel, property or location as proposed in the application.
E. The purposes and intent of the zone district in which the temporary use is proposed.
F. The relation of the temporary use to conditions and character changes which may have
occurred in the area and zone district in which the use is proposed.
G. How the proposed temporary use will enhance or diminish the general public health,
safety or welfaze.
Staff Response
The proposed tent is to be located in the area the restaurant uses in the summer for outdoor
dining and will not negatively impact pedestrians on the pedestrian mall. The tent will be
utilized for a short duration and the applicant has received approval from the engineering
department to locate the tent within the right-of--way and the fire marshal will be inspecting
the tent once erected to ensure public safety.
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(please check all that apply):
ATTACHMENT 2 -LAND USE APPLICATION
PROJECT:
Name: {l - .1 ~J C
Location: ~ d (~ ~ 1 ~~
Indicate street address, lot & block number, le al descri lion where a ro riate
Pazcel ID # (REQUIRED)
^ GIv1QS Exemption
^ GMQS Allotment
^ Special Review
^ ESA - 8040 Greenline, Stream
Margin, Hallam Lake Blufl;
Mountain View Plane
^ Commercial Design Review
^ Residential Design Variance
^ Conditional Use
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HI"YLII,AIV l "
Name:
Address:
Phone #:
REPRESENTATIVE:
Name:
Address:
Phone #:
TYPE OF APPLICI
v
^ Conceptual PUD
^ Final PUD (& PUD Amendment)
^ Subdivision
^ Subdivision Exemption (includes
condominiumization)
^ Lot Split
^ Lot Line Adjustment
..
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Temporary Use
^ TexUMap Amendment
^ Conceptual SPA
^ Final SPA (& SPA
Amendment)
^ Small Lodge Conversion/
Expansion
^ Other:
EXISTING CONDITIONS: descri lion of existin bui din s, uses, revious a royals, etc.
Have you attached the following? FEES DUE: $ / / iI .S l/
^ Pre-Application Conference Summary -TT
^ Attachment # 1, Signed Fee Agreement
^ Response to Attachment #3, Dimensional Requirements Form
^ Response to Attachment #4, Submittal Requirements- Including Written Responses to Review Standards
^ 3-D Model for large project
All plans that are larger than 8.5" X 11"must be folded. A disk with an electric copy of all written text
(Microsoft Word Format) must be submitted as part of the application. Large scale projects should include an
electronic 3-D model. Your pre-application conference summary will indicate if you must submit a 3-D model.
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REVOCABLE ENCROACHMENT LICENSE
Received ,/~ `/4 ~(~ ?- License Number: ~i ~ -E ~C~-
Land Lease Fees: Square Feet x $2.50/sq.R. Monthly lease
Parking Spaces Required: YES NO
CCCCCCCCCCCCCCCCCCCCCC=~~~~~~~~~~~~~~~~~~~~~~~
INSTRUCTIONS: COMPLETE THE FOLLOWING
SECTIONS AS IT APPLIES TO YOUR R
EQUEST
Project Address: ~ ~ ~ ~> l-;i gq
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Owner Name & Phone #:~ ~ ~ ' ~ ~
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Mailing Address: \ s •~t G E~=iF'c~ 7CCt-+% G 1'~~`~ ~= (~ (~ ~~( :~11 ~~ ( (`, ~~ Z
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Contractor Name: t ~! !}' ~ - u
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Contractor Ph#: 9~ - 5?~ ~ ~ Contractor License #:
Mailing Address ~ Phone #: ~ti ~ ~~ GvL/
Validation Period, Requested Start Date: I ?. )~ ~ ~ ~. `?:"1 End Date: 1 Z 2
Purpose of encroachment:~Q }( ?.e~ ~ ,'\°~~ ~ ~~ ~ ~,~f. (,
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Encroachment location: ~J~ ~ ~cr (a`'~'"f"~ t;'~,^- I ! 1 ~'~Y~~. ! (~ P~
APPLICANT SHALL ATTACH SCALED SITE PLAN (NOLARGER THAN 11"X17"), TRAFFICE CONTROL PLAN AND
CONSTRUCTION STAGING AREA, PARKING AND EMERGENCY VEHICLE ACCESS MANAGEMETN PLAN.
Sedion 21.04.050 of City of Aspen Municipal Code delegates the authority to the City Engineer to grant encroachment licenses. The City
of Aspen agrees to the grant of a private license of encroachment as built subjed to certain conditions, in consideration of the mutual
agreement hereinafter contained, ASPEN and Licensee covenant and agree as folio -
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A revocable license is hereby granted to Licensee to occupy, maintain and utilize the u^ c
Right-0f-way for the purposes described.
This license is granted for a specific use and within a specified term as checked abo 4o ~'~to ~ated a y time and for any
reason at the sole discretion of the City Engineer of the City of Aspen. ,/~y~y~ `~ j
'This license shall be subordinate to the right of ASPEN to use said area for any publ oses. ~ ~`
Licensee is responsible for the maintenance and repair of the public right-of-way; togetheTWRI ,. rc
!~ ASPEN, in the exercise of its discretion, shall determine to be necessary to keep the same in a safe and clean condition. The Licensee
shall obtain right-of--way and Building Permit as required by the City for any work to be performed in the public right-of-way with design
~' approvals for such work obtained from the Engineering Department Licensee agrees to joiri~ any improvement distrid formed for the
purpose of construcfing improvements within public right-0f-way. ~ • - - .
Unless the properly that is the subjed of this license agreement is covered by a homeowner's insurance policy, Licensee shall at all times
during the tens hereof, tarty public liability insurance for the benefit of the City with limits of not less than those specified by Sedion
24-10-114, C.R.S., (currently $150,000 per person and $600,OD0 per occurrence) as may be amended from time to time, naming the
City as "Additional Insured".
Licensee shall maintain said public liability insurance coverage in full force and eifed during the term of this License and shall furnish the
City with a most current certificate of such coverage evidencing its validity. All insurance policies maintained pursuant to this agreement
shall contain the following endorsement: "lt is hereby understood and agreed that this insurance policy may not be canceled by the
surety until thirty (30) days after receipt by the City, by registered mail, of a written notice of such intention to cancel or not to
renew."The Licensee shall show proof of this insurance to the City before this agreement is filed.
Licensee agrees to indemnify and hold harmless the City of Aspen, ifs officers, employees, insurers, and self-insurance, from and against
all liability, daims, and demands, on account of injury, loss, or damage, including without limitation claims arising from bodily injury,
City of Aspen -Engineering Department, 130 Soufh Galena Streef, Aspen Colorado 61611 ~P970-920-5D60 aemsmosnvzwe 4
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ASPEN EVENTS INC.
December 28, 2008
TO WHOM TI' MAY CONCERN:
We have been in the process of planning a New Year's Eve parry at Pacifica. We spoke
with Katherine Koch and she directed us to Engineering and submitted their permit.
Yesterday at around 10:00 AM I was informed it was indeed approved. Then yesterday
about 4:30 PM I was informed we needed to submit this special permit.
On 12/12/07 I spoke with Ed VanWahaven at the Fire Department and he said all was
fine and he would walk over on the 31~` to make sure all fire extinguishers were in place
and the propane tanks were properly secured outside the tent, which we are planning to
have set up on 12./30. ~ ~ /~,~'
Thanks very much ~ ~ ~/~