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City of Aspen
Pre -Application Conference Summary
IVIa
Plan er Date
Project
Applicant's Representative
Representative's Phone
Owner's Name
Type of Application
Description of the project/development being requested
The applicant has been requested to respond to the following items and provide the following
reports:
Land Use Code Section Comments
Referral Agencies The review is: (P&Z only) (CC only) (P&Z and CC)
Public Hearing: (yes) (no)
Deposit for the Application Review:
Referral agency flat fees:
TOTAL DEPOSIT
(Additional hours are billed at a rate of 163/11r.)
To Apply Submit the Following Information:
1. Proof of ownership.
2. Signed fee agreement.
3. Applicant's name, address and telephone number in a letter signed by the applicant
which also states the name, address and telephone number of the representative.
4. Total deposit for review of the application $
5. copies of the complete application packet and maps.
6. Summary letter explaining the request (existing conditions and proposed uses), Including
street address and legal description of the property.
7. An 8 1/2" by I vicinity map locating the parcel within the City of Aspen.
8. Site plan shall include property boundaries, lot size, proposed access, and physical
features (drainageways, streams, rivers, etc.)
9.
10.
These items need to be submitted if circled:
a. List of adjacent property owners within 300 feet of the subject property with addresses.
b. Site photos.
C. Proof of legal access to the parcel.
d. Historic Preservation Commission review/approval.
USE IT AGAIN
Quality Used Sporting Equipment
465 North Mill Street, Unit#9
Aspen, Colorado 81611
(303) 925-2483
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November 23, 1994
Ms. Judy Levine
412 N. Mill St., Unit 12
Aspen, CO 81611
Dear Ms. Levine:
ASPEN . PITKIN
PLANNING & ZONING DEPARTMENT
Certified Mail
Pursuant to our conversation on November 21, 1994, I have met with
the Planning Department staff and have been instructed to inform
you of the City of Aspen regulations as they pertain to your
condominiumized unit at 412 North Mill Street.
Your unit is located in the Service/Commercial/Industrial (S/C/I)
zone district. Residential use is not permitted as a primary use
in this zone district. Section 5-211.(A) of the Land Use Code
states,
"The purpose of this zone district is to allow for the use of
land for the preservation or development of limited commercial
and industrial uses which do not require or generate high
customer traffic volumes, and to permit customary accessory
uses, including residential dwelling units."
There are a number of permitted and conditional uses in the S/C/I
zone district (see attached list). However, residential use is
only permitted as an "accessory use" to these permitted uses.
Therefore, it is necessary to indicate the primary use of a
commercial nature to which residential use will be an accessory
use. Further, in this district, residential dwellings may be
restricted to affordable housing guidelines. For your information
I am enclosing the definition of "accessory use" (Section 3-101,
Aspen Land Use Code) .
Please indicate in writing the nature of the primary activity that
you will be undertaking in your unit, in order to demonstrate
compliance with the use requirements of the zone district.
130 SOUTH GALENA STREET • ASPEN, COLORADO 51611 • PHONE 303.920.5090 • FAx 303.920.5197
Pmt,d. —ded Paper
If you have any questions, please contact me at 920-5104.
Sincerely,
William L. Drueding
City Zoning Officer
encl.
cc: Stan Clauson, Community Development Director
John Worcester, City Attorney
§ 5-210
ASPEN CODE
Lot Sue
Allowable
(Square Feet)
(Square Feet)
6,000-9,000
3,600 square feet of floor area, plus 16 square feet of floor
area for each additional 100 square feet in lot area, up to a
maximum of 4,080 square feet of floor area.
9000-15,000
4,080 square feet of floor area, plus 6 square feet of floor
area for each additional 100 square feet in lot area, up to a
maximum of 4,440 square feet of floor area.
15,000-50,000
4,440 square feet of floor area, plus 5 square feet of floor
area for each additional 100 square feet in lot area, up to a
maximum of 6,190 square feet of floor area.
50,000+
6,190 square feet of floor area, plus 3 square feet of floor
area for each additional 100 square feet in lot area.
All uses other than detached residential and duplex dwellings: 1:1; however, the 1:1
external floor area ratio may be increased to 1.5:1 by special review pursuant to
Article 7, Division 4.
11. Internal floor area ratio: 1:1, increasable to 1.5:1; however, if the external floor area
ratio is increased by special review pursuant to Article 7, Division 4, then sixty (60,
percent of the additional floor area must be approved for residential use restricted to
affordable housing.
E. Off-street parking requirement The following off-street parking spaces shall be pro-
vided for each use in the Commercial (C-1) zone district, subject to the provisions of Article 5,
Division 3.
1. All residential uses: 1 space/bedroom
2. Lodge uses: N/A
3. All other uses: 1.5 spaces/1000 square feet of net leasable area which may be pro-
vided via a payment in lieu pursuant to Article 7, Division 4.
(Ord. No. 47-1988, §§ 2, 5, 15; Ord. No. 7-1989, § 1; Ord. No. 17-1989, § 2)
Sec. 5-211. Service/Commercial/Industrial (S/C/1).
A. Purpose. The purpose of the Service/Commercial/Industrial (S/C/I) zone district is to
allow for the use of land for the preservation or development of limited commercial and
industrial uses which do not require or generate high customer traff c volumes, and to permit
customary accessory uses, including residential dwelling units.
B. Permitted uses. The following uses are permitted as of right in the Service/Commercial/
Industrial (S/C/) zone district.
1. Limited commercial and industrial uses including the following and similar uses:
Vehicle sales; appliance and equipment rental, storage and repair; automobile repair;
automobile washing facilities; electrical and plumbing service shops; commercial
bakery; computer product sales and services; limited industrial uses including: Builder's
supply, industrial dry cleaning plant and laundry, fabrication and repair of building
Supp. No. 1
1644
Is
LAND USE REGULATIONS § 5-211
materials and components, lumberyards, manufacture and repair of electronics or
sporting goods, printing and publishing plants, telecommunications supply, typeset-
ting, warehousing and storage, shop -craft industry and similar uses, artists' studios
with optional accessory dwellings. All of these uses are permitted provided they do not
create unusual traffic hazard, noise, dust, fumes, odors, smoke, vapor, vibration, glare
or industrial waste disposal problems, and provided that no permitted uses princi-
pally sell daily or frequently bought items to the general public;
2. Accessory residential dwellings restricted to affordable housing guidelines;
3. Home occupations; and
4. Accessory buildings and uses.
C. Conditional uses.The following uses are permitted as conditional uses in the Service/
Commercial/Industrial (S/C/D zone district, subject to the standards and procedures estab-
lished in Article 7, Division 3.
1.
Full -service gas station;
2.
Dance studio;
3.
Martial arts studio;
4.
Dwelling unit accessory to permitted uses other than artists studio;
5.
Catalogue sales store;
6.
Laundromat;
7.
Photography studio; and
8.
Satellite dish antennae.
9.
Above -ground fuel storage tanks.
D. Dimensional requirements. The following dimensional requirements shall apply to all
permitted and conditional uses in the Service/Commercial/Industrial (S/C/n zone district.
1. Minimum lot size (square feet): 6,000
2. Minimum lot area per dwelling unit (square feet):
For artist's studios with accessory residential dwelling units and for other acces-
sory dwelling units on lots between 6,000 and 9,000 square feet, the following
square feet requirements apply:
Studio: 1,000
1 bedroom: 1,200
2 bedroom: 2,000
3 bedroom: 3,000
Supp. No. 3 1645
LAND USE REGULATIONS § 3-101
Accessory dwelling unit means a separate dwelling unit that is located within or attached
to a principal residence, having a entrance separate from the primary residence, or that is
detached from a principal residence situated on the same parcel, containing not less than three
hundred (300) nor more than seven hundred (700) square feet of allowable floor area. An
accessory dwelling unit shall be deed restricted to resident occupancy and shall not be a
separate unit for density or sale purposes.
Accessory use or accessory structure means a use or structure that is naturally and
normally incidental to, subordinate to, and devoted primarily to the principal use or structure
of the premises; does not change the basic character of the premises, as determined by its
principal use or structure; is subordinate in area, extent and purpose to the principal use or
structure served; contributes to the comfort, convenience or necessity of occupants of the
principal use or structure served; and is located on the same lot or contiguous lots under the
same ownership as the principal use or structure. In no .event shall an accessory use be
construed to authorize a use not otherwise permitted in the zone district in which the
principal use is located and in no event shall an accessory use or structure be established prior
to the principal use or struc-.sre to which it is accessory. Accessory buildings or structures
shall not be provided with kitchen or bath facilities sufficient to render them suitable for
permanent residential occupation.
Accessway means a paved or unpaved area intended to provide ingress or egress to
vehicular or pedestrian traffic from a public or private right-of-way or easement to an off-
`- 3 street parking, loading or similar area.
Affordable housing means those dwelling units restricted to the housing size, type,
income and occupancy guidelines or approval of the city council and its housing designee.
Alley means a public way having less width than a street permanently reserved as a
secondary means of access to abutting property.
Applicant means any person submitting a development application.
Architectural projection means a non-functional or ornamental feature on a building.
Bandit unit means a structure developed or used in violation of the land use and building
regulations in effect at the time of its construction.
Base flood means a flood having a one (1) percent chance of being equaled or exceeded in
any given year, also known as the one hundred (100) year flood.
Basement means that portion of a structure fifty (50) percent or more of which is below
natural grade.
Bath facilities means that portion of a structure which includes a bath tub, shower or
other personal bathing or washing area.
Bed and breakfast means a single-family dwelling, or part thereof, other than a hotel or
lodge, providing temporary lodging to guests generally for periods of less than one month, at
least one meal daily for guests staying in the dwelling, generally limited to twelve (12) or
Supp. No. 2
1577
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TO Debbie Pearce
MESSAGE DISPLAY
From: Sara Thomas
Postmark: Dec 05,96 11:19 AM
Subject: Business Licenses
------------------------------------------------------------------------------
Message:
Thanks for doing this for us! I need info on how the following
businesses came through (i.e. - retail/serivice, etc.) on the business
license applications: Rare Exchange; Use It Again Sports; Aspen
Velo; Inside/Outside; Le Gourmet; Bagel Bites; The Lighting Studio.
Any information you can give us would be great. Thanks again.
Sara
RO-,,-Q &ram
✓Vv �- i �- � n S —
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-CITY OF ASPEN 5 COMBIN� PPLICATION
Business License Division FOR:
Finance Department
130 South Galena Street BUSINESS LICENSEIOCCUPATION TAX
Aspen, CO 81611 AND SALES TAX LICENSE
(303) 920-5036
PLEASE TYPE OR PRINT CLEARLY
1. NAME OF BUSINESS: LE 4. LOCATION ADDRESS: 1i
3. CORPORATE NAME: L'� T0 fit.
6. MAILING ADDRESS: I P �PQ� S �`^• i Rl
2. TYPE OF OWNERSHIP: (check one) LOCATION TYPE:
(1) Sole Proprietorship (1) _ 7_ Commercial Establishment
(2) Partnership (2) Private Residence
(3) Corporation (3) No Fixed Location in Aspen
(4) Association or Club SQUARE FOOTAGE OF SPAC, .' ,��
(5) Nonprofit (State exempt # ) o
(6) `1 Other
5. TELEPHONE NUMBER OF BUSINESS: ( �7?) �,�� - ?,�tS(c Oct'?
7. LOCATION OF RECORDS: ft
(1) Same as business location address OEy��o
(2) Same as mailing address (if physical address) 9S,o�JVr
(3) Other: / ' ps ^ n'q 0 14
Street City State
8. CONTACT PERSON� TITLE: r,;t' f C C t�_ Ph #: air 74C,
9. NAMES AND HOME ADDRESSES OF OWNER, PARTNERS OR OFFICERS OF BUSINESS:
NAME ADDRESS (Street, City, State, Zip)
a. 6d r�t�r t ^c�' x1E1 Ph#: `''� -'74L Title: Y'✓;�,.t�
b. 1roc
,dC'', �soP� giE r� Ph#: S44-a9� Title:
c. � ���� rlPrvo:-P, ,i O'rr PT5,^ec? U,, S1e-ir Ph#: 9, c -4zg17 Title: �—
10. NATURE OF BUSINESS: rocd 4e5,(124 )
TAXABLE PRODUCTS SOLD (general): & d -" 0�"Lt s
11. TYPE OF SALE: X Retail Only Wholesale Only Both Retail & Wholesale
Service Only Other.
12. COLORADO SALES TAX LICENSE NUMBER: IF NONE, DATE APPLIED FOR 4�i yS
14. DATE THAT BUSINESS ACTIVITY BEGAN IN ASPEN OR BUSINESS WAS PURCHASED: /I
IF PURCHASED, NAME OF PREVIOUS BUSINESS AND OWNER:
15. ESTIMATED HIGHEST MONTHLY SALES DURING THE YEAR: $ 025, C'�'G
►6. ESTIMATED MONTHLY AVERAGE NUMBER OF EMPLOYEES DURING THE YEAR: 7
(Include self, owners and partners, managers, etc.)
COMPUTATION OF OCCUPATION TAX DUE TO THE CITY OF ASPEN FOR THE CALENDAR YEAR
JANUARY 1 THRU DECEMBER 31 OCCUPATION TAX DUE
0 - 5 EMPLOYEES............................................................................: $$150 0
6 - 15 EMPLOYEES............................................................................ 200.00
16 - 49 EMPLOYEES.......................................................................... 400.00
50 OR MORE EMPLOYEES................................................................. 750.00
LIQUOR LICENSE HOLDERS............................................................... 0.00
NOT -FOR -PROFIT GROUPS................................................................ 0.00 CONTINUED ON BACK -->
17. FREQUENCY OF FILING CITY SALES TAX RETURNS (If more than $600 in taxable sales per month, you
must file monthly):
,L Monthly
Quarterly Annually Single Event
I declare under penalty of perjury that this application has been examined by me, and that the statements
made herein are made in good faith pursuant to the City of Aspen tax regulations and, to the best of my
knowledge and belief, are true, correct and
SIGNATURE OF APPLICANT��J DATE:
PLEASE RETURN THIS APPLICATION ALONG WITH YOUR
REMITTANCE OF BUSINESS OCCUPATION TAX PAYABLE TO THE
CITY OF ASPEN
SIC
GEO
FILING FREQUENCY
BUS LIC ONLY
SALES TAX LIC ONLY
BOTH LICENSES
FOR CITY STAFF USE ONLY
DEPARTMENT
INITIALS
DATE
ZONING
ENV. HEALTH
FIRE MARSHALL
FINANCE
•
CITY OF ASPEN
SALES TAX ADMINISTRATOR
FINANCE DEPARTMENT
130 SOUTH GALENA ST
ASPEN, CO 81611
(303)920-5029
1994 COMBINED SALES
TAX AND BUSINESS
LICENSE APPLICATION/
BUSINESS OCCUPATION
TAX RETURN
PLEASE TYPE OR PRINT CLEARLY
1. NAME OF BUSINESS: kA"' S74'dlo 4. LOCATION ADDRESS:
3. CORPORATE NAME: &U-c. &Ag."
6. Mailing Address: P u ',6.r '7Go6 , Ash^ �iGi2
2. TYPE OF OWNERSHIP: (check one)
(1) _ Sole Proprietorship
(2) _ Partnership
(3) ✓ Corporation
(4) _ Association or Club
(5) _ Nonprofit (State exempt #_
(6) _ Other
LOCATION TYPE:
(1) Commercial Establishment
(2) _ Private Residence
(3) _ No Fixed Location in Aspen
SQUARE FOOTAGE OF SPACE IN ASPEN /006
5. TELEPHONE NUMBER OF BUSINESS: (3o3) 12S_-Sco4
V. LOCATION OF RECORDS:
11) ✓ Same as business location. address
(2) _ Same as mailing address (if physical address)
(3) _ Other
(Street, City, State, Zip Code) _
8. CONTACT PERSON: TITLE: PHONE #: has 5oo`i
9. NAMES AND HOME ADDRESSES OF OWNER, PARTNERS, OR OFFICERS BUSINESS:
NAME ADDRESS (Street, City, State, Zip)
a. � a oa ya /)2 fn fi r/ lJi ASv, Co i� i/ Phone# �f2 j - G 73/ Title
b. /�pu.��a racyJ Oa'/d Am/ a" / (6 Phone# 92 y-,6731 Title
c
Phone# Title
10. NATURE OF BUSINESS: ,�gy Spy s
TAXABLE PRODUCTS SOLD (general): q,C�,� �Sc�,d.C�L•
11. TYPE OF SALE: Retail Only Wholesale Only X Both Retail & Wholesale
Service Only _ Other:
12. COLORADO SALES TAX LICENSE NUMBER: a3-o49k3 -0000 IF NONE, DATE APPLIED FOR
14. DATE THAT BUSINESS ACTIVITY BEGAN IN ASPEN OR BUSINESS WAS PURCHASED: J /
IF PURCHASED, NAME OF PREVIOUS BUSINESS AND OWNER:
15. ESTIMATED HIGHEST MONTHLY SALES DURING THE YEAR: $ (,o o00
16. ESTIMATED MONTHLY AVERAGE NUMBER OF EMPLOYEES DURING THE YEAR:
(include self, owners and partners, managers, etc.)
COMPUTATION OF OCCUPATION TAX DUE TO THE CITY OF ASPEN FOR THE CALENDAR
YEAR JAN 1 THRU DEC 31 OCCUPATION TAX DUE
0 - 5 EMPLOYEES ............................................ r$150.00
6 - 15 EMPLOYEES .................................................. 200.00
16 - 49 EMPLOYEES ................................................ 400.00
50 - OR MORE EMPLOYEES ...................................... 750.00
LIQUOR LICENSE HOLDERS ....................................... 0.00
NON-PROFIT GROUPS ............................................... 0.00 CONTINUED ON BACK
17. FREQUENCY OF FILING CITY SALES TAX RETURNS (If more than $600.00 in taxable sales per month, you must file
monthly): I
Monthly _ Quarterly
Annual _ Single Event
I delcare under penalty of perjury that this application has been examined by me, and that the statements made herein
are made in good faith pursuant to the City of Aspen tax regulations and, to the best of my knowledge and belief, are
true, correct and complete.
SIGNATURE OF APPLICANT:DATE:
U—
PLEASE RETURN THIS APPLICATION ALONG WITH YOUR
REMITTANCE OF BUSINESS OCCUPATION TAX PAYABLE TO THE
CITY OF ASPEN
SIC
GEO
FILING FREQUENCY
BUS LIC ONLY
SALES TAX LIC ONLY
BOTH LICENSES
FOR CITY STAFF USE ONLY
DEPARTMENT
INITIALS
DATE
ZCNNG
ENV. HEALTH
-�
COMMUNICATION
FIRE MARSHALL
FINANCE
7
CITY OF ASPEN
SALES TAX ADMINISTRATOR
FINANCE DEPARTMENT
130 SOUTH GALENA ST
ASPEN, CO 81611
(303)920-5029
1-4- -7-1-V4
1994 COMBINED SALES
TAX AND BUSINESS
LICENSE APPLICATION/
BUSINESS OCCUPATION
TAX RETURN
PLEASE TYPE OR PRINT CLEARLY
1
1 NAME OF BUSINESS:�PC rU 4. LOCATION ADDRESS: T ! S'/r4716*
p N. r�-rC_ ����� �I_ISE�Sl eU 5b►,Y ; 0e-
6. Mailing Address: * 1 (�
-t zv c it, ct) s(t L 7/
2. TYPE OF OWNERSHIP: (check one)
LOCATIOTYPE:
(1) Sole Proprietorship
(1) _AZ Commercial Establishment
(2) partnership
(3) _Corporation (2) _ Private Residence
(4) _Association or Club (3) _ No Fixed Location in Aspen
SQUARE FOOTAGE OF SPACE IN ASPEN
(5) _ Nonprofit (State exempt # )
(6) _ Other
5. TELEPHONE NUMBER OF BUSINESS
7. LOCATION OF RECORDS:
(1) _ Same as business location address
(2) _ Same as mailing address (if p ysical address) n , l
(3) ✓ Other �j%_.S pig K ��IQC 14Cr Ell/ �l6, 099�- b-6E2 2uk) C'a2fzn�a�e
(Street, City, State, Zip Code) 6f�
�
8. CONTACT PERSON: tlCi �:ACl�m,�ytu TITLE: &s YL eV- PHONE #: 0_� 9
9. NAMES AND HOME ADDRESSES OF OWNER, PARTNERS, OR OFFICERS OF BUSINESS
NAME ADDRESS . (Street, City, State, Zip) ���' f
a. (� NIJf t CK in H� 15 i< l �2 Sf°f36�e# Title O Q_
tab Il)C O c���r� Ntfl) Q�rt1cJ e_�IPhone# 4 Title DL=I`r RS
c
Phone# 0 7 j Title nj8 AjPP e 2
10. NATURE OF BUSINESS: t _f 4CJ__
TAXABLE PRODUCTS SOLD (general):
11. TYPE OF SALE: _� Retail Only Whole ale Only Both Retail & Wholesale
_ Service Only Other:
12. COLORADO SALES TAX LICENSE NUMBER./,{-0_710 IF NONE, DATE APPLIED FOR —5—
14. DATE THAT BUSINESS ACTIVITY BEGAN IN ASPEN OR BUSINESS WAS PURCHASED: 0
IF PURCHASED, NAME OF PREVIOUS BUSINESS AND OWNER:
15. ESTIMATED HIGHEST MONTHLY SALES DURING THE YEAR: $�Q ,r- -36). crzy
16. ESTIMATED MONTHLY AVERAGE NUMBER OF EMPLOYEES DURING THE YEAR:
(include self, owners and partners, managers, etc.)
COMPUTATION OF OCCUPATION TAX DUE TO THE CITY OF ASPEN FOR THE CALENDAR
YEAR JAN 1 THRU DEC 31 OCCUPATION TAX DUE
0 - 5 EMPLOYEES ............................................. ..$ 150.00
6 - 15 EMPLOYEES .................................................. 200.00
16 - 49 EMPLOYEES ................................................ 400.00
50 - OR MORE EMPLOYEES ...................................... 750.00
LIQUOR LICENSE HOLDERS ....................................... 0.00
NON-PROFIT GROUPS ............................................... 0.00
CONTINUED ON BACK —4
17. FREQUENCY OF FILING CITY SALES TAX RETURNS (If more than $600.00 in taxable sales per month, you must file
monthly):
Monthly Quarterly _Annual _Single Event
I delcare under penalty of perjury that this application has been examined by me, and that the statements made herein
are made in good faith pursuant to the City of Aspen tax regulations and, to the best of my knowledge and belief, are
true, correct and complete.
SIGNATURE OF APPLICANT: DATE: / 9
PLEASE RETURN THIS APPLICATION ALONG WITH YOUR
REMITTANCE OF BUSINESS OCCUPATION TAX PAYABLE TO THE
CITY OF ASPEN
SIC
GEO
FILING FREQUENCY
BUS LIC ONLY
SALES TAX LIC ONLY
BOTH LICENSES
FOR CITY STAFF USE ONLY
DEPARTMENT
INITIALS
DATE
ZDNNG
i
C
ENV. HEALTH
G
Z
COMMUNICATION
FIRE MARSHALL
/I
y
FINANCE
CITY OF ASPEN 1993 COMBINED SALES
SALES TAX ADMINISTRATOR TAX AND BUSINESS
FINANCE DEPARTMENT LICENSE APPLICATION/
130 SOUTH GALENA ST
ASPEN, CO 81611 BUSINESS OCCUPATION
(303)920-5029
TAX RETURN
PLEASE TYPE OR PRINT CLEARLY
1. NAME OF BUSINESS: US E /T A 4g/n/ 4. LOCATION ADDRESS: y� s ��L S i
3. CORPORATE NAME: /I Sy -Al, ed , g <
6. Mailing Address: sips N /h/iL s'T
CO
2. TYPE 9F OWNERSHIP: (check one)
(1) _�/ Sole Proprietorship
(2) _ Partnership
(3) _ Corporation
(4) _ Association or Club
(5) _ Nonprofit (State exempt # )
(6) _ Other
LOCATION TYPE:
(1) ✓ Commercial Establishment
(2) _ Private Residence
(3) _ No Fixed Location in Aspen
SQUARE FOOTAGE OF SPACE IN ASPEN
5. TELEPHONE NUMBER OF BUSINESS: ( 13o3) 42 S o2 yg 3
7. LOCATION OF RECORDS:
(1) ✓ Same as business location address
(2) _ Same as mailing address (if physical address)
(3) Other T4
2
(Str et, gity, State, Zip Code
8. CONTACT PERSON: TITLE: ��"�cp� PHONE # f25 - 'lip I/S
9. NAMES AND HOME ADDRESSES OF OWNER, PARTNERS, OR OFFICERS OF BUSINESS:
NAADDRESS (Street, City, State, Zip)
a.-__29&L_/z4NF14+"< 11401Wr"'A--S iAl-Y K;P07,d Phone# RLS— 444YpTitle
C" 8/6N
1101
c
Phone#
Phone#
10. NATURE OF BUSINESS: g6V,4-?le 01c7
Title
Title
TAXABLE PRODUC S SOLD (general): US---P
11. TYPE OF SALE: Retail Only Wholesale Only Both Retail & Wholesale
Ser ice Only Other:
12. COLORADO SALES TAX LICENSE NUMBER . IF NONE, DATE APPLIED FOR
14. DATE THAT BUSINESS ACTIVITY BEGAN IN A EN OR BUSII SS WAS PURCHASED:
IF PURCHASED, NAME OF PREVIOUS BUSINESS AND OWNER:
15. ESTIMATED HIGHEST MONTHLY SALES DURING THE YEAR: $ S,,000
16. ESTIMATED MONTHLY AVERAGE NUMBER OF EMPLOYEES DURING THE YEAR: 2i
(include self, owners and partners, managers, etc.)
COMPUTATION OF OCCUPATION TAX DUE TO THE CITY OF ASPEN FOR THE CALENDAR
YEAR JAN 1 THRU DEC 31 OCCUPATION TAX DUE
0 - 5 EMPLOYEES ................
6 - 15 EMPLOYEES .................
16 - 49 EMPLOYEES ..............
50 - OR MORE EMPLOYEES...
LIQUOR LICENSE HOLDERS ...
NON-PROFIT GROUPS .............
$ 150.00
200.00
................................. 400.00 i
................................... 750.00
.................................... 0.00
.................................. 0.00 ' CONTINUED ON BACK —4
17. FREQUENCY OF FILING CITY SALES TAX RETURNS (If more than $600.00 in taxable sales per month, you must file
monthly): j
✓Monthly _ Quarterly _ Annual _ Single Event i
I delcare under penalty of perjury that this application has been examined by me, and that the statements made herein
are made in good faith pursuant to the City of Aspen tax egulations and, to the best of my knowledge and belief, are
true, correct and complete.
SIGNATURE OF APPLICANT: DATE:
9- -7
PLEASE RETURN THIS APPLICATION ALONG WITH YOUR
REMITTANCE OF BUSINESS OCCUPATION TAX PAYABLE TO THE
CITY OF ASPEN
SIC
FILING FREQUENCY
BUS LIC ONLY
SALES TAX LIC ONLY
BOTH LICENSES
FOR CITY STAFF USE ONLY
DEPARTMENT INITIALS DATE
20NNG
ENV. HEALTH
COMMUNICATION
FIRE MARSHALL
FINANCE
4�
CITY OF AS EN
SALES TAX ADMINISTRATOR
FINANCE DEPARTMENT
130 SOUTH GALENA ST
ASPEN, CO 81611
(303)920-5029
1993 COINED SALES
TAX AND BUSINESS
LICENSE APPLICATION/
BUSINESS OCCUPATION
TAX RETURN
PLEASE TYPE OR PRINT CLEARLY
1. NAME OF BUSINESS: �� ►� . �(j Lc C G 4. LOCATION ADDRESS:
3. CORPORATE NAME: 'k �, 4 r t `t (\, M . t
6. Mailing Address: --A A- -
2. TYPE OF OWNERSHIP: (check one)
(1) _ Sole Proprietorship
(2) _ Partnership \
(3) Corporation \�
(4) _ Association or Club I
(5) _ Nonprofit (State exevnpt # )
(6) _ Other
--
LOCATION TYPE:
(1) Commercial Establishment
(2) _ Private Residence
(3) _ No Fixed Location in Aspen
SQUARE FOOTAGE OF SPACE IN ASPEN y
5. TELEPHONE NUMBER OF BUSINESS: (mac �) S'-{�� - L ��-� Ct, ,. �, r_ r�xf w •<►��
7. LOCATION OF RECORDS:
(1) Same as business location address
(2) _ Same as mailing address (if physical address)
(3) _ Other
(Street, City, State, Zip Code)
8. CONTACT PERSON: I h-, • �j ••,:-7K . TITLE: t_ j. t1�.�.., ,,- PHONE #: ' i Z;
9. NAMES AND HOME ADDRESSES OF OWNER, PARTNERS, OR OFFICERS OF BUSINESS,)
NAME ADDRESS (Street, City, State, Zip)
a. I-1IA tI-)g Tti_ v.(' � -i L �'�� t 1 Phone# I �br�- i ti ' � Title
b. m, r� 11 • r, :> > k . 1�: n S y L l ,. 5 5 " Phone# I 3 ' ' Title
r., j 4 •a C C, t•� 1 L 1
c.
Phone# `i Z Title
10. NATURE OF BUSINESS: -
TAXABLE PRODUCTS SOLD (genera )": -��� �-t ,► Fes. °, r. 1�
11. TYPE OF SALE: X Retail Only Wholesale Only Both Retail & Wholesale
Service Only Other:
12. COLORADO SALES TAX LICENSE NUMBER: IF NONE, DATE APPLIED FOR
14. DATE THAT BUSINESS ACTIVITY BEGAN IN ASPEN OR BUSINESS WAS PURCHASED: `
IF PURCHASED, NAME OF PREVIOUS BUSINESS AND OWNER: AIL -,.A n,
15. ESTIMATED HIGHEST MONTHLY SALES DURING THE YEAR:
16. ESTIMATED MONTHLY AVERAGE NUMBER OF EMPLOYEES DURING THE YEAR:
(include self, owners and partners, managers, etc.)
COMPUTATION OF OCCUPATION TAX DUE TO THE CITY OF ASPEN FOR THE CALENDAR
YEAR JAN 1 THRU DEC 31 OCCUPATION TAX DUE
0 - 5 EMPLOYEES ............................................. (..,$ 150.00�
6 - 15 EMPLOYEES .................................................. 200.00
16 - 49 EMPLOYEES ................................................ 400.00
50 - OR MORE EMPLOYEES ...................................... 750.00
LIQUOR LICENSE HOLDERS ....................................... 0.00
NON-PROFIT GROUPS ............................................... 0.00 CONTINUED ON BACK —4
17. 'FREQUENCY OF FILING CITY So TAX RETURNS (If more than $600.00 in ble sales per month, you must fife
monthly):
Monthly _ Quarterly _ Annual _ Single Event
I delcare under penalty of perjury that this application has been examined by me, and that the statements made herein
are made in good faith pursuant to the City of Aspen tax regulations and, to the best of my knowledge and belief, are
true, correct and complete.
SIGNATURE OF APPLICANT:
tN•��f DATE: _SJjt � (�
PLEASE RETURN THIS APPLICATION ALONG WITH YOUR
REMITTANCE OF BUSINESS OCCUPATION TAX PAYABLE TO THE
CITY OF ASPEN
FOR CITY STAFF USE ONLY
SIC
DEPARTMENT INITIALS
DATE
GEO
ZONNG
1 Z c
FILING FREQUENCY
ENV. HEALTH CrC
BUS LIC ONLY
COMMUNICATION
SALES TAX LIC ONLY
FIRE MARSHALL
BOTH LICENSES
FINANCE
•
Bill Drueding
City Zoning Officer
Aspen CO
5!24/94
Dear Bill,
The purpose of this letter is to confirm the operating intent of Sushi
Ya Go -Go for purposes of business license approval.
Sushi Ya Go -Go is proposing a catering/take-out business at 414 N. Mill
(now Paesano's). We will not be offering sit down or in house service
and our business will be strictly limited to Catering and Take-out.
Mike Minarski
Co -Manager
Sushi Ya Go -Go
owl
to
AM
,,-- - 77-
0 0,
MEMORANDUM
TO: Aspen Planning and Zoning Commission
FROM: Richard Grice, Planning Office
RE: Conditional Uses in the S/C/I Zone
DATE: December 14, 1979
This is a public hearing to consider an amendment to the conditional use
list for the S/C/I zone which would allow some flexibility. In early November,
this Commission discussed adding the following words to the conditional use
list, "Uses other than permitted uses may be allowed provided they are accessory
to permitted uses and provided adequate safeguards are offered to guarantee
the accessory status." At our initial discussion regarding this proposed Code
amendment an example of a contractor's office was submitted with the argument
may be appropriate if only 10% of the space would be dedicated to office use
and the balance would be used as a shop. We are aware that such an agreement
does exist for an existing S/C/I user and are also aware that the agreement has
not been strictly adhered to by the contractor who would like to point out that
an amendment such as this one which is proposed will require a considerable
amount of administration and enforcement. At the present time, the manpower
needed to enforce such a Code amendment is not on the City staff.
r
RESOLUTION OF THE ASPEN PLANNING
AND ZONING COMMISSION
Resolution No. 79-
Re: Recommendation for the Adoption
of Amendments Clarifying the Intention
of the S/C/I Zone District and the Uses Allowed
WHEREAS, the Aspen Planning and Zoning Commission held a public hearing
on Tuesday, July 17, 1979, to consider the adoption of amendments which would
amend Section 24-3.2 so as to clarify the intention of the S/C/I Zone District
and the uses allowed, and
WHEREAS, this Commission heard testimony from the Planning Office
pertaining to the increasing market pressure for "up -grading" and to the
difficulties experienced by the Building Inspector in interpreting and
administering said zone, and
WHEREAS, this Commission was sympathetic to those arguments made by the
Planning Office and the proposed amendments and determined that public interest
would be served by preserving the S/C/I zone district as a haven for service,
commercial and industrial uses.
NOW, THEREFORE, BE IT RESOLVED, by the Aspen Planning and Zoning Commission
that it does hereby recommend to the Aspen City Council that the following
amendments to the Aspen Municipal Code be adopted.
1. Amend the Intention of the S/C/I zone found in Section 24-3.2 to
read: "To allow for the use of land AND THE PRESERVATION OF limited
commercial purposes and limited industr'.al purposes, with customary
accessory and institutional uses, WHICH DO NOT REQUIRE OR GENERATE
HIGH CUSTOMER TRAFFIC VOLUME. In addition, residences for those
employed in this district may be included in the service or commercial
buildings or adjacent thereto as conditional uses."
2. Amend the permitted use list for the S/-,/I zone found in Section
24-3.2 by amending the last phrase in the permitted use list to
read: "...provided that no permitted uses creates an unusual traffic
hazard, noise, dust, fumes, odors, smoke, vapor, vibration, glare or
industrial waste disposal problem; AND PROVIDED THAT NO PERMITTED
USES WILL SELL DAILY OR FREQUENTLY BOUGHT ITEMS TO THE GENERAL PUBLIC."
3. Amend the permitted use list for the S/C/I zone found in Section
24-3.2 by adding the word "INDUSTRIAL" in front of dry cleaning
plant and laundry so as to indicate that we are not talking about
coin operated laundromats or commercial laundries.
4. Amend the permitted use list for the S/C/I zone found in Section
24-3.2 by the elimination of gasoline service stations from that
permitted use list and by adding a FULL SERVICE GAS STATION to the
conditional use list.
Adopted this day of August, 1979, by the Aspen Planning and
Zoning Commission.
ATTEST:
Sheryl Simmen, Deputy City Clerk
-2-
Olaf Hedstrom, Chairman
CITY OF
MEMO FROM RICHARD GRICE
K o
ASPEN
A
RECORD OF PROCEEDINGS 100 Leaves
f OHM •a C. f. 11j."Kf 1, 1. 0. ✓< 1. CM
ORDINANCE NO. 5-5
(Series of 1979 )
AN ORDINANCE Ar11 NDING THE INTENTION , PERMITTED USES AND
CGNDITIOiJAL USES OF THE SERVICE/COIliIERCI:AL/I:t�i.ii15^1.41cIt�L
DISTRICT IN SECTION 24-3.2 OF THE ASPEN MUNICIPAL CODE
WHEREAS, the City Council desires to amend the provisions of
Section 24-3.2 of the Aspen Municipal Code which provide for the
Service/Co:nr,iercial/Industrial District for the benefit of the City
of Aspen,
Section 1
That Section 24-3.2 of the Aspen Municipal Code providing for
the Service/Conanercial/Industrial District be repealed and re-
enacted to read as follows:
DISTRICT - Service/Commercial/Industrial.
S/C/I
INTENTION - To allow for the use of land and the preservation
of limited commercial purposes and limited industrial pur-
-k- ^* - •��rj• ssor1arid institutional uses, which
dornot require or generate high customer traffic volumes. In
adai` iz3n� resid es for those-eTiployed in this district -may
be included in the service or commercial buildings or adja-
cent thereto as conditional uses.
PERMITTED USES -- Limited commercial and industrial uses
including the following and sii-Alar uses: Vehicle sales;
equip -rental storage and repair, automobile washing facili-
ties; electrical and plumbing service shoes; commerciai
baker; limited industrial uses including the following and
similar uses: Builder's supply; industrial dry.cieaning plant
and laundry; fabrication and repair of building materials and
components; lumberyard; manufacture and repair of sporting
goods; printing and publishing plants; warehousing and stor-
age; and shop -craft industry; provided that no permitted uses
create an unusual traffic hazard, noise, dust, fumes, odors,
smoke, vapor, vibration, glare'or industrial waste disposal
problem;.and provided that no permitted uses sell daily or
frequently bought items to the ene--r-al-public.
CONDITIONAL USES - Full service gas station.
Section 2
It is the purpose and intent of the City Council that a law-
ful use involving individual structures or a portion of an indi-
RECORD OF PROCEEDINGS 100 Leaves
fl m •E C. F. -r exfl. N. P.. 1. Ci.
vidual structure, existing in the Service/Com;,iercial/Industrial
zone on the effective date of: this ordinance that would not be
allowed in the district under the terms of this ordinance, may be
continued so long as it remains otherwise laiaful, subject to the
provisions of Section 24-12.4 of the Municipal Code of the City of
Aspen.
If any section, subsection, sentence, clause, phrase or por-
tion of this ordinance is for any reason held invalid or unconsti-
tutional by any court of competent jurisdiction, such portion
shall be deemed a separate, distinct and independent provision and
such holding shall not affect the validity of the remaining por-
tions thereof.
A public hearing on the ordinance shall be held on the
day of , 1979, at 5:00 P.M. in the
City Council Chambers, Aspen City Hall, Aspen, Colorado, 15 days
prior to which hearing notice of the same shall be published once
in a newspaper of general circulation within the City of Aspen.
INTRODUCED, READ AND ORDERED published as provided by law by
the City Council of the City of Aspen, Colorado, at its regular
meeting held on the day of , 1979•
ATTEST:
Kathryn S. Koch
City Clerk
Herman Ede
Mayor
K
•
RECORD OF PROCEEDiNuS 100 Leaves
FOAM -0 C. I. MnffAR 9. A. A'. CA. • ------------ ,_______ __--
FINALLY adopted, passed and approved on the day of
1979.
ATTEST:
Kathryn S. Koch
City Clerk
Herman Ede
Mayor
3
E
MEMORANDUM
TO: Aspen Planning and Zoning Commission
FROM: Richard Grice, Planning Office
RE: S/C/I Zone Rewrite
DATE: July 11, 1979
Subsequent to the consideration of a Code Amendment regarding commercial
bakery which came before the P and Z and Council last fall regarding a
proposal to sell over the counter goods in the S/C/I zone district, the Council
asked the Planning Office to prepare revisions to the S/C/I zone. These
revisions were to be intended to clarify the intent and purpose of the zone
district while more clearly defining the kinds of uses that would be permitted
in the zone district. During the course of the discussions, the Council had
noted that the S/C/I district had appeared to go beyond its original intent,
that is, the housing of service commercial and industrial uses. Council went
so far as to direct the administration to evaluate the existing uses there to
see if any had been established illegally or had established increased retail
aspects of the uses beyond the original building approval.
Attached is a first draft of our attempt to clarify the intent and purpose
and specific uses. City Council reviewed it at their May 29, 1979 meeting
and indicated that the language was approaching the problem from the right
direction. They asked us to refer it to you for further work in anticipation
of this public hearing eventually to consider the specific Code Amendments.
On June 5, 1979, you indicated your support for the proposed changes and
scheduled this public hearing.
The Growth Management Plan has as one of its goals balance between new
businesses, population, housing, community facilities, an777`ing. If, in
the administrative process, we were to eliminate any major segment of our
economy, then we would lose this vital balance. It is with balance in mind
that the Planning Office submits the following comments with regard to revisions
to the S/C/I zone.
The Planning Office today feels very strongly about preserving the integrity
of the S/C/I district as a haven for limited industrial and limited commercial
uses. A quick look at the use lis demonstrates that the us rtuitted�dre
a1 DAed_nowhex�e_.j_n the Citty.._ Plumbing service, builders' supply, lumber
yard, sporting goods manufacturer, to name just a few, are lower volume, less
traffic generating and consequently can only pay lower rents. Fron a land
use standpoint, it makes sense to separate the high volume, tourist -oriented
commercial from the lower volume service commercial that is the backbone of
the community. It is essential to reserve places solely for such uses; other-
wise in a highly competitive tourist economy these uses will outbid those
uses straight out of town. We have permitted competitive high volume uses
right next door to the S/C/I zone in the Trueman Center and thus the pressure
is on for spillover of daily traffic generators from the neighborhood commercial
zone. Today requests abound for new quasi -service commercial uses because
it is apparent to many retailers that the lower Mill Street area will soon
emerge as a high traffic area and therefore an attractive one to retail
operations. Rents in the S/C/I zone are typically $4 to $5 less than in the
adjacent neighborhood commercial zone, further increasing the deterioration.
The Planning Office has historically supported holding the line because the
alternative is to lose this special type of district and the City will lose
this type of uses. The only other similar district now in existence is the B-2
at the Airport Business Center. That too is becoming so competitive that many
limited industrial type uses are now coming to us and asking us to create an
industrial district somewhere in the County. We feel strongly that we should
not foster that kind of pressure by permitting dilution of the City's S/C/I
zone.
• 0 to Aspen P and Z
Re: S/C/I Rewrite
July 11, 1979
Page Two
Therefore, the Planning Office has consistently recommended against approval
of businesses for the S/C/I zone which sold frequently or daily bought items.
Those uses belong in the neighborhood commercial zone. We feel that retail
businesses allowed in the S/C/I zone should be limited to those businesses
selling less frequently bought items so that service and manufacturing type
businesses are not driven out. We feel that the key to preserving the zone is
to prohibit high traffic generators. High volume businesses bring in high
traffic which is a direct cause of rent increases.
In order to facilitate the preservation of the S/C/I zone district and
those service and manufacture type businesses, the Planning Office recommends
amendments to the Code in the following areas:
1. The stated intention of the S/C/I zone needs to be amended to make
clear the intentions of limiting it to businesses that generate
less traffic. We suggest amending the intention of the S/C/I zone to
read: "To allow for the use of land AND THE PRESERVATION OF limited
commercial purposes and limited industrial purposes, with customary
accessory and institutional uses, WHICH DO NOT REQUIRE OR GENERATE HIGH
CUSTOMER TRAFFIC VOLUMES. In addition, residences for those employed
in this district may be included in the service or commercial
buildings or adjacent thereto as conditional uses."
2. The premitted uses list in the Code contains a final phrase which
describes what limited industrial means. That phrase reads as
follows, "...provided that no permitted uses creates an unusual
traffic hazard, noise, dust, fumes, odors, smoke, vapor, vibration,
glare or industrial waste disposal problem." It would seem
appropriate to add qualifications for limited commercial uses to
the end of this same phrase. We recommend that the last phrase
in the permitted use list be amended to read, "...provided that no
permitted uses creates an unusual traffic hazard, noise, dust, fumes,
odors, smoke, vapor, vibration, glare or industrial waste disposal
problem; AND PROVIDED THAT NO PERMITTED USES WILL SELL DAILY OR
REQUENTLY BOUGHT ITEMS TO THE GENERAL PUBLIC." (The phrase "to the
General Public" was inserted so as to make it clear that uses will
be allowed which serve the daily or frequent needs of service
industries, i.e., plumber's supply, auto parts store, builder's
supply, etc.)
3. Several changes need to be made to the list of permitted uses for
clarification. We suggest adding the work "INDUSTRIAL" in front of
dry cleaning plant and laundry so as to indicate that we are not
talking about coin operated laundromats or commercial laundrys.
�f Secondly, - aw &@ we
suggest -0T--z
o� S D
We have discussed these proposed amendments with the building inspector
and with his assistants who are charged with administration of the zone districts.
Both the building inspector and the Planning Office feel that with these proposed
amendments the zone could be more easily and correctly administered in such a
way as to result in its preservation.
In addition, Council asked us to consider an amendment to the definition of
"commercial bakery", which now permits production and wholesale sale of baked
goods, but excludes over-the-counter or retail dispensing of baked goods. It
appears to us that the proposed restriction on frequently bought items is
consistent with the definition of commercial bakery and its location in the
S/C/I zone. We therefore recommend no change.
0
9
PUBLIC NOTICE
Re: Amendment to S/C/I Zone
NOTICE IS HEREBY GIVEN that a public hearing will be held before the Aspen
Planning and Zoning Commission on Tuesday, July 17, 1979 at a meeting to begin
at 5:00 P.M. in the City Council Chambers, 2nd Floor, Aspen City Hall, 130
South Galena, Aspen, to consider an amendment to the S/C/I zone clarfying the
intent of the S/C/I zone so as to specify a prohibition against uses which
would generate "high traffic volumes" and amending the permitted use list by
the addition of the phrase, "provided that no permitted use will sell daily or
frequently bought items to the general public" and by requiring only industrial
cleaning plants and laundries. Further information may be obtained from the
Planning Office, 130 South Galena, Aspen, 925-2020, ext. 223.
/s/ Olaf Hedstrom
Olaf He Strom, Acting Chairman
Aspen Planning and Zoning Commission
Published in the Aspen Times on June 28, 1979.
To be billed under City of Aspen fund. �
MEMORANDUM
TO: Aspen Planning and Zoning Commission
FROM: Karen Smith, Planning Office
RE: S/C/I Zone Redraft
DATE: May 31, 1979
Subsequent to the consideration of a Code Amendment regarding commercial
bakery which came before the P and Z and Council regarding a proposal to sell
over the counter goods in the S/C/I zone district, the Council asked the Planning
Office to prepare revisions to the S/C/I zone. These revisions were to be
intended to clarify the intent and purpose of the zone district while more
clearly defining the kinds of uses that would be permitted in the zone district.
During the course of the discussions, the Council had noted that the S/C/I
district had appeared to go beyond its original intent, that is, the housing of
service commercial and industrial uses. Council went so far as to direct the
administration to evaluate the existing uses there to see if any had been established
illegally or had established increased retail aspects of the uses beyond the
original building approval.
Attached is a first draft of our attempt to clarify the intent and purpose
and specific uses. City Council reviewed it at their May 29th meeting and indicated
that the language was approaching the problem from the right direction. They
asked us to refer it to you for further work in anticipation e#—a public hearing
eventually to consider the specific Code Amendments.
The only consideration that I have noted for them was that if I had my
preference, the language would be even more precise. That is, the language would
be an absolutely clear direction for administrative staff who must determine
whether a use is or is not permitted. The phrase "daily or frequently bought
items" works in most circumstances, but there will invariably be the gray areas
where it is difficult to determine whether a certain use involves frequently
bought items. Other alternatives we have considered included trying to specify
a maximum square footage in which the retail use could be conducted, limiting
the amount of retail use by percentage of sales tax, etc. These alternatives
are more precise, but have so far not been favored because the proper standard
that works for a variety of different uses does not appear to be easy to find.
In view of the fact that Council, other administrative staff, and Richard Grice
feel that the proposed language is adequate to correct a difficult administrative
situation, we are asking P and Z now whether you would also agree with this
language and propose it for public hearing.
•
L'
TO:
FRUI:
MEMORANDUM
Aspen City Council
Richard Grice, Planning Office
RE: S/C/I Zone Rewrite
DOTE: May 24, 1979
The Growth Management Plan has as one of its goals balance between new
businesses, population, housing, comiTiunity facilities, and skiing. If, in the
administrative process, we w?re to eliminate any major segment of our economy,
then we would lose ti,is vital balance. It is with balance in mind that the
Planning Office submits the following comments with regard to revisions to the
S/C/I zone.
The Planning Office today feels very strongly about preserving the integrity
of the S/C/I district as a haven for limited industrial and limited commercial
uses. A quick look at the use list demonstrates that the uses permitted are
allowed no where else in the City. Plumbing service, buildings' supply, lumber
yard, sporting goods manufacturer, to name just a few, are lower volume, less
traffic generating and consequently can only pay lower rents. From a land use
stand;)oint, it makes sense to separate the high volume, tourist -oriented
commercial from the lovier volume service commercial that is the backbone of the
community. It is essential to reserve places solely for such uses; otherwise
in a highly competitive tourist economy these uses will outbid those uses straight
out of town. We have permitted competitive high volume uses right next door to
the S/C/I zone in the Trueman Center and thus the pressure is on for spillover of
daily traffic generators from the neighborhood commercial zone. Today requests
abound for new quasi -service commercial uses because it is apparent to many
retailers that the lower Mill Street area will soon emerge as a high traffic
area.and therefore an attractive one to retail operations. Rents -in the S/C/I
zone are typically $4 to $5 less than in the adjacent neighborhood commercial
zone, further increasing the deterioration. The Planning Office has historically
supported holding the lire because the alternative is -to lose this special type
of .district and the City will lose this type of uses. The only other similar
district now in existence is the B-2 at the Airport Business Center. That too
is becoming so competitive that many limited industrial. type uses are now coming
to us and asking us to create an industrial distric1- somewhere in the County.
We feel strongly that we should not foster that kin,J of pressure by permitting
dilution of the City's S/C/I zone.
Therefore, the Planning Office has consistently recommended against approvzl
of businesses for the S/C/I zone which sold frequently or daily bought items. Those
uses belong in the neighborhood commercial zone. We feel that retail businesse:-.
allowed in the S/C/I zone should be limited to those businesses selling less
frequently bought items so that service and manufacturing type businesses are not
driven out. 'We feel that the key to preserving the zone is to prohibit high
traffic generators. High volume businesses bring in high traffic which is a
direct cause of rent increases.
In order to facilitate the preservation of the S/C/I zone district and those
service and manufacture type businesses, the Planning Office recommends amendme.,ts
to the Code in the following areas:
1. The stated intention of the S/C/I zone needs to be amended to make �s loff,
clear the intentions of limiting it to businesses that generate less
traffic. Wa suggest amending the intention of the S/C/I zone to
read: "To allow for the use of land AND THE PRESERVATION OF limited
commercial purposes and limited industrial purposes with customary
accessory and institutional uses, WHICH DO NOT REQUIRE,HIGHITRAFFIC
VOLUMES. In addition, residences for those employed ih, this district
may be included in the service or commercial buildings �r adjacent
thereto as conditional uses."
e
Memo
Aspen City Council
RE: S/C/I Zone Rewrite
May 24, 1979
2. The permitted uses list in the Code contains a final phrase which
describes what limited industrial means. That phrase reads as
follows, "...provided that no permitted uses creates an unusual
traffic hazard, noise, dust, fumes,.odors, smoke, vapor, vibration,
glare or industrial waste disposal problem.." It would seem appropriate
to add qualifications for limited commercial. uses to the end of this
same phrase. We recommend that the last phrase in the permitted use
list be amended to read, "...provided that no permitted uses creates
an unusual traffic hazard, noise, dust, fumes, odors, smoke, vapor,
vibration, glare or industrial waste disposal problem; AND PROVIDED
THAT NO PERMITTED USES WILL SELVAILY OR FREQUENTLY BOUGHT ITEMS
TO THE GG€#E-PUB LI-C."
3. Several changes need tobemade to the list of permitted uses for clarifi-
cation. We suggest adding the word "INDUSTRIAL" in front of dry
cleaning plant and laundry so as to indicate that we are not talking
about coin operated laundromats or commercial laundrys. Secondly,
gasoline is certainly a frequently bought item so we suggest eliminating
gasoline service stations from the zone entirely.
We have discussed these proposed amendments with the building inspector
and with his assistants who are charged with administration of the zone districts.
Both the building inspector and the Planning Office feel that with these proposed
amendments the zone could be more easily and correctly administered in such a
Keay as to result in its preservation.
In addition, Council asked us to consider an amendment to the definition of
"con nercial bakery", which now permits production and wholesale sale of baked
goods, but excludes over-the-counter or retaiT dispensing of baked goods. It
appears to us that the proposed restriction on frequently bought items is
consistent with the definition of commercial bakery and its location in the
S/C/I zone. We therefore recommend no change.
Please consider this a draft for your preliminary comments only. As you
know, there has been considerable input from Herb Klein and Jon Seigle, copies of
which are available in our office. You may wish to schedule a special session
before referring to 9 and Z.
r"
CITY C`F A-SPEN
130 south galena street
aspen, eoloradfo81611
MEMORANDUM
TO: Aspen City Council
FROM: Clayton Meyring, Building Department
RE: Uses presently in operation in the Mill Street Venture Building
DATE: January 5, 1979
The following uses are in existence in the Mill Street Venture
Building at 465 North Mill Street showing how they were permitted and
business license that were issued.
Unit #1 - Martin Enterprise - Business license listed as service
auto repair specifically permitted as auto repair S/C/I district.
Unit #2 - No Name Auto Repair - Finance could not find business
license - specifically permitted as auto repair S/C/I district
Unit #3 - Fox Bronco Auto Repair - Finance could not find business
license - specifically permitted as auto repair S/C/I district
Unit #4)
Unit #5) not occupied
Unit #6)
Unit #7 & #8 - Aspen Times - Business license listed as newspaper -
specifically permitted as printing and publishing plant.
Unit #9 & #10 - Aspen Printing - no staff approval - business license
listed as commercial printing, cards, stationery, posters -
specifically permitted as printing and publishing plant.
Unit #11 - Tipsy T's (permitted) - business license listed bar supply
wholesale - not specifically permitted but similar to intent of S/C/I
Unit #12 - Le Cusinier Caterers - business license listed as wholesale
desserts and private catering - specifically permitted as commercial
bakery.
Unit #13 - Specialty Glass - business license listed as commercial
glazing - specifically permitted as builders supply.
Memo to City Council
January 5, 1979
Page 2
Unit #14 & #15 - Quality Auto Supply Inc. - business license listed
as auto supply - retail and primarily wholesale outlet.
� Not specifically permitted - zoning ordinance does not specifically
permit this use in any district.
c Unit #16 - Ye Olde Washhouse II - business license listed as laundry
F and dry cleaning. If business is operated as laundromat then not
{4•=t"il>'4a- ` permitted in S/C/I zone
�r
..Unit #17 - Brown Wolf Studios - business license listed as advertising,
graphics wholesale - specifically permitted as printing and publishing
plant.
Unit #18 - Heritage Painting & Decorating - business license listed
lie as retail paint store. Also as contractor and retail sales. Paint
and wallpaper store permitted in CC & C-1. Specifically permitted
as building supply.
Unit #19 - Pegasus Saddlery & Gun Shop - business license listed as
retail and service. May be permitted as shop -craft industry whatever
that is? Permitted as manufacturing and repair of sporting goods.
Unit #20 - Henry Electronic Center - business license listed as
electronic sales and service. Not specifically permitted unless can
be construed to be an electrical service shop.
The following units have building permits and the impression that
was created at the time the building permit was issued.
Unit #12 - Le Cusnier Caterers - permit issued October 13, 1978,
as a commercial bakery.
Unit #16 - Ye Olde Washhouse II - permit issued March 7, 1978,
with the impression that this was a laundry operation not realizing
that it would be coin -operated laundromat.
Unit #17 - Brown Wolf Studio - permit issued December 20, 1977, as
a graphic design studio.
Unit #19 - Pagasus Saddlery & Gun Shop - permit issued June 6, 1978,
with the impression that this was to be a saddle, tack and gun repair
shop.
Unit # 20 - Henry's Electronics - no specific permit was issued for
this outlet but was constructed with the initial permit for the Mill
Street Venture Building December 21, 1976. There was discussion about
the use of this business in the S/C/I district. Planning Office
Memo to City Council
January 5, 1979
Page 3
was of the opinion March 15, 1977, that this is an allowed use by
right since it is reasonable to allow a minor amount of related
retail use and gave a written opinion to that fact.
No other building permits have been issued for other units in the
building since building permits are not required when no changes to the
structure of the building, or electrical or plumbing meaning moving in
portable equipment or installing shelves.
The above relates how the history of the uses in the Mill Street
Venture Building came into being. Some of the uses are very clear in
what is permitted and they exist today as was approved. Other uses
are not that clear in giving initial approval and have changed in character
to the point that the use as it exists today would not have been approved.
The character has changed to more retail oriented than wholesale as is the
intent of the S/C/I district. Because of that fact, it is my opinion that
some of the uses are unenforceable.
CM:mc
M E M O R A N D U M
TO: Members of the Aspen City Council
rROM: Le Cuisinier, Inc.
RE: Definition of Commercial Bakery
DATE: November 27, 1978
The following definition of "commercial bakery" is submitted
for your consideration:
Commercial Bakery - a bakery that is primarily
engaged in the wholesale production of baked
goods. A commerciil bakery may engage in limited
retail over-the-counter sales of baked goods
provided:
1_ That said retail sales are accessory
to the primary activity of the
commercial bakery;
2. that all goods sold are baked on the
prei-Ases;
3. that all goods sold are packaged; and
9, that no on -site consumption of baked
goods is permitted.
LE CUISINIER, INC.
Application for Amendment to Definition of
"Commercial Bakery"
Le Cuisinier, Inc. requests that it be permitted to engage in
limited retail sales for its products in the Mill Street Venture
Building at 465 North Mill Street. Since Le Cuisinier is
primarily a wholesale bakery, it will not be selling donuts,
cookies and brownies that are traditionally sold by other
commercial bakeries in town. Le Cuisinier will be more compli-
mentary to than competitive with the existinq bakeries in town.
Le Cuisinier, Inc. will devote less than 10* of their total
leased space to the retail operation see floor plan attached
hereto as Exhibit C). The retail operation shall be limited to
a six foot long display case. There will be no sseeat�i.nq
available and no on -site consumetion of the bakery goods.
The primary business o Le Cu�TisJJinier is wholesale and the
anticipated retail operation, as outlined above is accessory
to its primary business. At the present time, Le Cuisinier
estimates that less than 10% of their gross income will be
generated by the retail sales.
ZONE: S/C/I
NATURE OF BUSINESS:
Le Cuisinier, Inc. is a full service catering business providing
Aspen with unique concepts in food. Le Cuisinier, Inc. is
owned and operated by Tom Gerlak and Dean Small, graduates of
the Culinary Institute of America. Mr. Gerlak has recently been
chef for Nelson Rockefeller at Pocantico Hills, the Rockefeller
estate and for Mr. Henry Kissinger. (See exhibits A and B
attached). Mr. Small recently worked as a chef at the Windows
on the World, Hilton International, World Trade Center, New
York, New York. Prior to that employment, he was the sous chef
at the Ute City Banque. Le Cuisinier, Inc. is very proud of its
high standards in both food preparation and professionalism.
APPROPRIATENESS OF LOCATION
Le Cuisinier spent considerable time and effort in choosing a
leased space for their operation. The Mill Street Venture Build-
ing was selected because of the character of the surrounding
neighborhood. The 400 block of Mill Street, upon completion
of the Trueman Center, will be Aspen's resident's shopping
center. There are approximately 20 businesses leasing space in
the Mill Street Venture Building. Le Cuisinier's leasehold
space is on the upper level of the Mill Street Venture Building
which has grade access on the southern side. Onthat level, the
following businesses are located:
Tipsy-T' s
Fresh Squeezed Orange
Juice
Specialty Glass
NA IM OF BUSINESS
bar supplies
organ juice
repair replacenient of glass
WHOLE'.S,ALE/RETAIL
wholesale and retail
primary wholesale with
limited retail
retail.
Quality Auto Parts auto parts wholesale and retail
NAME
Vold wash House
Brown and Wolf
Studios, Inc.
Heritage Paints
Pegasus Saddlery
Henry's Electronics
Marvin Enterprises
is : t• � ._..
Aspen Times
NATURE OF BUSINESS WHCU]SALE/RETA.IL
lau ndranat retail
ccmnerc.ial artist retail
paints and supplies retail
saddles, tack, gums and retail
supply shop
TV and Stereo supplies retail
Autcrrotive repair shop retail
Automotive repair shop retail
Newspaper, publishing office wholesale
Printed in Aspen Print shop retail
The Mill Street Venture Building Property is adjacent to the
Trueman Center which shall contain the following retail businesses
upon the completion this winter of the building:
bakery drug store
super market liquor More
interior design shop bank
candy shop hardware store
appliance store natural. food store
The businesses in the Mill Street Venture Building, and the
remaining businesses located on the 400th block of North Mill
Street are primarily a retail operation oriented at the non -
tourist cliental. The limited retail sales sought by Le Cuisinier
is consistent and compatible with the surrounding businesses. y;
The Mill Street Venture Building represents the most logical.
location for an operation of Le Cuisinier's type. This is��;.
borne out by the petitions attached as Exhibits C, D and E,;
which request approval of Le Cuisinier's application.
't r
As stated above, the 400 block of Mill Street is becoming Aspen's
local resident's shopping center. Le Cuisinier's retail operation
will cater to the non -tourist cliental. It will not generate any
additional traffic demands on the surrounding area since it is
contemplated that Le Cuisinier's customer will be one -stop
shopping for all his needs at the Trueman Center and Mill Street
Building. The Mill Street Building presently has approximately
80 parking spaces with the Trueman property having an equal amount
of parking available. The Mill Street Venture building is an
extremely appropriate location for the type of operation Le
Cuisinier seeks approval for.
PRODUCT:
Le Cuisinier, Inc. desires to offer a full service patissire to
the residents of the Snowmass - Aspen area. Presently, such a
service is unavailable to the residents of the Rcaring Fork Valley.
Le Cuisinier, Inc. specializes in gourmet desserts. They are
presently the only bakery in the State of Colorado who produced
the following baked goods:
- 2 -
Amaretto Cheescake
Cappuccino Cheesecake
Linzer Torte
Black Forest Cake
Chocolate Almond Mousse Torte
Apple Custard Torte
Brioche Bread
Croissants
Presently, the above products, plus all the other numerous items
that they produce are available only on a wholesale basis. The
following restaurants in the Roaring Fork Valley are supplied or
will be supplied this winter with Le Cuisinier's products:
Andres' of Aspen
Aspen Steak Company
Hickory House
Little Annies
Dunnavant's Ltd.
Guidos Swiss Inn
Jolly Jester
Maurices
Shannon's Galley
Cheese Company
Springs Restaurant
The Meadows Restaurant
The Araya
Courtyard Cafe
Holiday Inn of Asppn
Pomegranate
Mt. Sopris Restaurant
Ute City Banque
Crystal Palace
Sweet Sensations
Culinary Corner
Copper Kettle
Paragon
The Skier Chalet
The Stonebridge Inn
The Refectory
DiMaggio's at the Frying Pan
The Tower Restaurant
The Restaurant
Timbexmill Inn
Timberline Bar and Restaurant
Village Delicatessen of Snowess
Aspen Mine Conpany
Casey' s of.. Aspen
Galena Street East
Lovings
Sgt. Peppers American Cafe
Pinocchi.o' s
Bagal Nosh
Golden Horn
Aspen Bar and Grill
Le Cuisinier, Inc. recognizes that presently they offer a product
tha, is only available to the public who patronize the above
listed restaurants and desire to provide the community the
opportunity to savor the specially baked items that they produce
without having to go out to dinner to enjoy it.
CONCLUSION
Le Cuisinier is extremely proud of the product it produces and
would like to make that product available to the community at
large. It is a very unique opportunity for a small town like
Aspen to have a full service patissire. The nature of the
proposed operation to be carried on by Le Cuisinier at the Mill
Street Venture is consistent, compatible and logical for the
business district emerging in the 400 block of North Mill Street.
- 3 -
EXHIBIT "A"
GREENROCK CORPORATION
POCANTICO HILLS
TARRYTOWN, NEW YORK 10591
August 16, 1978
c
To Whom It May Concern:
It is my pleasure to highly recommend Tom Gerlak
as a very fine young man who is also a skilled chef
and caterer. He first came to us as a substitute
in one of our guest hou$es and then became the
permanent chef at Kykuit, the Governor's residence
in Pocantico. Tom earned the respect of everyone
in addition to praise for his work. He worked
quietly, efficiently and economically in planning
menus and purchasing.
We regret his departure, however, we wish him great
success in the future.
l
Joseph W. Canzeri
President
k
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P.
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EXHIBIT "13" • ~
• r
HENRY A. KISSINGER
February 8, 1978
Dear Mr. Gerlak:
I want you to know how pleased
Mrs. Kissinger and I always were
when you cooked for us. Even
though you often made it difficult
for me to remember I was on a diet,
I would not hesitate to recommend
You to someone who was looking for
an excellent chef. You took good
care of us, and we greatly appre-
ciated it.
Best regards,
Henry A. Kissinger
Mr. Tom Gerlak
25 Stanford Avenue
Colonia, New Jersey 07067
1
• EXHIBIT "C" • �i
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PETITION
The Undersigned being the owners, managers or employees of
the businesses located on the 400 block of Mill Street hereby
reque:'. the Planning and Zoning Commission to approve Le Cuisiniere's
application for limited retail operation to be carried on in the
Mill Street Building located at 465 N. Mill St., Space 19 as such
use is consistent with the objectives and purposes of the S/C/I
zone, is compatible with the other businesses in the surrounding
area and the location in question represents the most logical,
efficient, and convenient location for the nature of the service
and product offered by Le Cuisinere, Inc.
Address
Business
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PETITION
The Undersigned being the Owner and Tenants of the
Mill Street Building located at 465 N. Mill hereby request the
Planning and Zoning Corunission to approve Le Cuisiniere's
application for limited retail operation as such use is compatible
with the other uses in the building; is consistent with the
objectives and purposes of the S/C/I zone and the Mill Street
Building hereby represents the most logical, efficient and
convenient location for the nature of service and products offered
by Le Cuisiniere.
Nam,-
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0 EXHIBIT "F"
PETITION
The undersigned being residents of the City of Aspen hereby
request the Planning and Zoning Commission to approve Le Cuisiniere's
application for limited retail operation to be carried on at the
Mill Street Building, 465 N. Mill St., Space 19, as such use is
consistent and compatible with the other uses in the surrounding
area and the location in question represents the most logical,
efficient and convenient location for the nature of the service
and product offered by Le Cuisiniere, Inc.
Name
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JEFFREY H. SACHS
HERBERT S. KLEIN
JON DAVID SEIGLE
SAC HS KLEIN & SLAGLE,
ATTORNEYS AT LAW
601 EAST MAIN STREET
ASPEN, COLORADO 81611
(303 ) 925-8813
October 24, 1978
DENVER OFFICE:
1680 LINCOLN ST. -SUITE 1518
DENVER, COLORADO 80284
(303 ) 881 .2483
Ms. wren Smith
Planning Director
City/County Planning Office
130 South Galena
Aspen, Colorado 81611
RL: Le Cuisinier, Inc./Amendment of
Definition of Commercial Bakery
Dear Karen:
on behalf of Le Cuisinier, Inc., I would respectfully request
that you and your staff initiate an amendment to the Zoning
Code, which would amend the present definition of "commercial
bakery" which appears in Section 24-3.1(bb) of the Code to
allow a 'commercial bakery" to engage in limited over-the-counter
sales of goods produced on the premises.
The definition, as it now exists, precludes not only retail
over-the-counter sales but all retail dispensing of goods baked
on the premises. I do not believe that the latter was truly
intended by the authors of the Code, as in a City of the size
of Aspen, this would effectively preclude any bakery in the
S/C/I zone, as a pure wholesale bakery cannot be supported by the
population base of this City. This is further borne out by
the recent approval of the Pizza Runs use of a retail home
:elivery service, which is expressly prohibited by the definition
of "commercial bakery': as it presently exists. The former pro-
hihition isinconsistent not only with the nature of wholesale
bakeries in general but also the S/C/I zone as it now presently
exists.
most, if not all, wholesale bakeries have a limited retail out-
let to allow vending of their fresh baked products to the general
public. These operations are ancillary to the baker's primary
function of baking for the wholesale market, but nevertheless it
is a "service" offered to local residents who desire to take
advantage of it. Further, the definition of "commercial bakery"
as it appears in the S/C/I zone is an anomaly, because for no
other designated use, is there an atten-,pt to define the potential.
rls. Karen Smith
Page Two
October 24, 1978
market. Rather, it is the nature of the use that determines
if the market is wholesale or retail. There seems no justification
for legislative determination of the market for one designated use
and not the remaining uses. In this respect, it is clear from the
nature of the businesses as presently existing in the S/C/I zone,
that retail marketing of goods is not only not prohibited, but is
dominant in the zone (please refer to the memorandum prepared by
Le Cuisinier, Inc. for the October 17th meeting of the Planning
and Zoning Commission which is attached hereto and which sets
forth the other businesses of the trill Street Venture and their
predominate markets). It certainly was not the intent of the
authors of the S/C/I zone to preclude retail operations in that
zone and there appears to be no rationale basis for the prohibi-
tion on a "commercial bakery' engaging in over-the-counter sales.
As outlined in the memorandum, Le Cuisinier, Inc. will primarily
be engaged in the wholesale production of baked goods and other
specialty foods. As an ancillary operation to its primary function,
Le Cuisinier, Inc. would like to sell its product, including baked
goods over-the-counter. As evidenced that such retail sales are
incidental to the wholesale operation, the baked goods would be
sold whole as opposed to in pieces, packaged, and no on -site
consumption would be permitted. There would be no beverages sold
and no seating available on the premises. Only a small percentage
of space would be allocated to the retail operation. As outlined
above, I feel that Le Cuisinier's activity is consistent with the
intent of the authors of the Zoning Code in designating the
S/C/I zone and would not be in derogation of the special function
that zone is intended to play. The limited retail use is clearly
consistent with limited commercial purposes as defined in the
intention of the S/C/I zone and also is a customary accessory to
the wholesale bakery business, which likewise falls within the
intention of the authors of the zoning code. I believe that a
"commercial bakery" can be defined in such a way as to further
the intent of the zone and allow a business operation that is
consistent with the overall purpose of the zone.
I offer the following definition of `commercial bakery" which
embodies the discussion above:
"commercial bakery" -- a bakery that is primarily
engaged in the wholesale production of baked goods.
A commercial bakery may engage in limited retail
over-the-counter sales of baked goods provided:
Ms. Karen Smith
Page Three
October 24, 1973
1.) That said retail sales is ancillary
to the primary activity of the
commercial bakery;
2.) That all goods sold are baked on
the premises;
3.) All goods sold are packaged; and
4.) No on -site consumption of baked
goods is permitted.
This definition assures that a bakery permitted in the S/C/I
zone will primarily be engaged in a wholesale production, but
it allows a limited retail sales which is consistent with
customary accessory uses of wholesale bakery. I appreciate your
review of Le Cuisinier's requestfor amendment of the definition
of the "commercial bakery" in your cor�rrents. I am hopeful that
this letter and/or the content hereof can be the subject of
discussion in the next Planning and Zoning Meeting and that an
appropriate motion will be made amending the definition.
I appreciate the assistance and cooperation that your office
has extended to Le Cuisinier and myself to date in this matter.
Sincerely yours,
SACHS, KLEIN & SEIGLE
By
Jon David Seigle
lmk
cc: Le Cuisinier
enc.
0 •
MEMORANDUM
TO: Aspen City Council
FROG': Richard Grice and Karen Smith,
Planning Office
RE: Deir.ition of Commercial Baker
�/, ,(/��
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DATE: November 22, 1972
4uz k,
About a ruontli ago, the Aspen Planning
and Zoning Commission was presented«
with a request by Le Cuisinier for a use
determination to permit a
U
(� ( commercial baker with a limited amount
of over the counter sales. This
i,s e was to be located in the S/C/I District
IThe applicants argued that other uses
in the Mill Street Venture.
in the area were permitted limited
Z�I retail sales and that such sales were
an integral part of the business,
that
without which no commercial baker could
Survive. They argued too
�j• their service was specialty foods and
that they Would not: sell individual
like Little Cliffs does, but rather
sell only whole pies or cakes.
,"treats"
�f The Planning Office recommended against the proposal. Unlike other S/ C/I y << J ul
uses, the use of a commercial bakery is clearly defined to prohibit any
over the counter sales as follows:
Commercial Bakery: A bakery in which there is permitted the pro-
" duction and/or wholesale sale of baked goods, but where over-the-
counter or other retail dispensing of baked goods shall be pro-
hibited• (Section 24-3.1 (bb), Aspen Zoning Code)
Moreover, the careful distinction of the parameters of commercial bakery
was initiated through a special code amendment in November, 1975 per-
mitting only non -retail commercial bakeries in the S/C/I District.
The amendment was prompted by a request by George Sells to locate a
commercial bakery in the building adjacent to the Rio Grande. The
consensus of P&Z opinion was that the use was appropriate and consistent
with other uses if it was non -retail and that the Code should be amended
to permit it. The particular condition prohibiting retail sales is more
logical for commercial bakery uses in that bakeries more easily convert
to high volume retail trade. People are likely -to stop by for a snack
or to pick up some dessert if the location is at all convenient. Al-
though Mr. Sells'request had been for a use that was 95% wholesale and
5% retail, Bill Kane argued that the area was inappropriate to handle
the traffic generated by commercial retail uses. A recent application
for commercial bakery in S/C/I was turned down by the Building Inspec-
tor this Summer because it proposed to incorporate retail use.
The Planning Office today feels even more strongly about preserving
the integrity of the S/C/I District as a haven for limited industrial
and limited commercial uses. A quick look at the use list demonstrates
that the uses permitted here are allowed nowhere else in the City.
Plumbing service, builder's supply, lumber yard, sporting goods.
manufacture, to name just a few, are lower volume, less traffic gen-
erating, and consequently can only pay lower rents. From a land use
standpoint, it makes sense to separate the high volume, tourist -oriented
r commercial from the lower volume service commercial that is the back-
bone of the community. It is essential to reserve places solely for
such uses; otherwise in a highly competitive tourist economy these
uses will outbid those uses straight out of town. We have permitted
competitive high -volume uses right next door to S/C/I in the Trueman
Center and thus the pressure is on for spill -over in the same way as the
Neighborhood Commercial has been diluted with more competitive, retail
uses. The P&Z recently turned down a request to permit a limited food
,1 service/coffee shop in the S/C/I District on the grounds that it would
foster this kind of erosion. Requests abound for new quasi -service
commercial uses because it is apparent that the lower Mill Streetarea
will soon emerge as a high traffic area and therefore an attractive one
to retail operations. Rents are lower, further encouraging the deter-
ioration.
_ ��' ' Ivy � �l-✓ �� �. Q}c���-�,'� ;;, � �� ...
Memo to City Council
Commercial Baker
November 22, 1978
Page Two
The Planning Office supports holding the line because the alternative
is to lose this special type of district and the City will lose these
types of uses. The only other similar district now in existence is
the B-2 at the Airport Business Center. That too is becoming so com-
petitive that many limited industrial type uses are now corning to
us and asking us to create an industrial district some where in the
County. We feel strongly that we should not foster that kind of
pressure by permitting dilution of the City's S/C/I Zone.
The action before the Council today is to consider a first reading
ordinance of a new definition of commercial bakery that would permit
over-the-counter sales. The language was drafted by the applicant
(represented by Sachs, Klein, and Siegle) at the request of P&Z. The
Commission approved the commercial bakery for Le Cuisinier under the
current definition (no over-the-counter sales) and asked the Planning
Office to bring back to them for consideration a new definition of
"commercial bakery" that would reverse the existing code language
and allow retail sales. The Planning Office misread P&Z s intent
when it later in the meeting authorized us to "interpret this charge
broadly'.'. We interpreted it so broadly that we brought back a
tighter definition of commercial bakery in the context of a total
clarification of the intent and purpose and uses of the S/C/I Zone.
PR chose not to address our proposed definition and tabled considera-
tion of S/C/I amendments which, incidentally, they felt had merit.
Instead P&Z's motion was to recommend the language (see attached
ordinance) prepared by Sachs, Klein, and Siegle.On a 2 to 2 vote, the
motion failed to carry, however.
The proposed new -definition now comes to Council for first reading.
We recommend that Council not adopt the new definition. The current
prohibition on over-the-counter baked goods sales is appropriate,
whether the baked goods are an individual cheese danish or a whole
chocolate rum torte, as offered by Le Crusinier. It is the intrusion of
this type of retail activity which will deteriorate the S/C/I and out -
compete the uncompetitive service commercial and industrial uses.
Le ;Cusinier is permitted in the S/C/I today; in fact they have secured
all building permits and business license approvals, provided they
comply with the current definition. Their retail end should be conduc-
ted in those zones where it is currently allowed (Commercial core and
neighborhood commercial). Delice Pastry,as an example, conducts its
wholesale/manufacturing operation at the ABC and has a retail outlet
in town.
The code amendment is at best premature and should be preceded by a
careful redefinition of the S/C/I Lone.
MEMORANDUM
TO: MABERS OF THE PLANNING AND ZONING COWISSION
FROM: LE CUISINIER, INC.
RE: DEFINITION OF COMMERCIAL BAKERY
DATE: NOVEMBER 21, 1978
Pursuant to a resolution adopted at your October 17, 1978,
meeting, the following definition of "commercial bakery" is
submitted for your consideration:
Commercial Bakery - a bakery that is primarily
engaged in the wholesale production of baked
goods. A commercial bakery may engage in limited
retail over-the-counter sales of baked goods
provided:
1. that said retail sales are ancillary
to the primary activity of the
commercial bakery;
2. that all goods sold are baked on the
premises;
3. that all goods sold are packaged; and
4. that no on -site consumption of baked
goods is permitted.
The proposed definition meets the criterion set forth by the
Planning Commission in its resolution that the definition of
"commercial bakery" be revised to include "a restrictive,
clearly defined and limited sale of baked goods on the premises"
(page 3 of Record of Proceedings, regular meeting of Aspen
Planning and Zoning Commission, October 17, 1978). As set forth
in a letter to Karen Smith dated October 24, 1978, the revised
definition is not only consistent with the Planning Commission's
criteria set forth in the October 17 meeting, but also is
consistent with the intent and purposes of the S/C/I zone (a
copy of the letter and Minutes from the October 17, 1978,
Planning and Zoning Meeting are attached).
lmk
•
•
BRADFORD PUBLISHING CO., DCNVCR RECORD O F PROCEEDINGS
Regular Meeting Aspen Planninq and Zoninq Commission October 17, 197
The Aspen Planning and Zoning Commission held a regular meeting on October 17,
1978, at 5:00 PM in the City Council Chambers. Members present were Charles
Collins, Ellen Anderson, Olaf Hedstrom and Joan Klar. Also present were Karen
Smith, Richard Grice and Jim Reents of the Planning Office.
Approval of Minutes Fedstrom moved to approve the P&Z minutes of October 10,
1978, as submitted, Klar seconded. All in favor, motion
approved.
Klar moved to approve the minutes of. the Aspen Independen'
Commission of October 10, 1978, as submitted, Anderson.
seconded. All in favor, motion approved. Collins
abstained from the vote.
7 -2-
(Tular Meet nq 'lanni.n an( Zoning Commission October 7, 1971
e Cuisinier and Grice noted that these are similar applications. They
our Pizza Ruu, are both commercial bakeries wishing to locate in the
se Determination S/C/I zone. Le Cuisinier wishes to locate in space #19
in the Mill Street Building. Your Pizza Run wishes to
locate in the River Front Building. Le Cuisinier wishes
to open a retail/wholesale/catering bakery,
Grice noted that the S/C/I is located in two limited are<
Ile stressed the necessity to preserve this area for the
specific uses listed in the code.
Grice read a section of the code which specifically pro-
hibits over the counter retail dispensing of baked goods
in the S/C/I district. The S/C/I district generates a
minimal amount of traffic and they wish to preserve this
The Planning Office recommends that the P&Z determine
that production, wholesaling and catering is a permitted
use in the S/C/I zone but prohibit retail sale of baked
goods on the premises. They also recommend approval of
Your Pizza Run's application.
Anderson asked if the retail is only 10% of their space
why it is so important to them unless they anticipate
alot of business. Grice noted that most bakeries only
need a small counter to display their goods.
Jon Seigle, representing the applicant, asked them not
to consider this application as another Little Cliff's.
There are currently 40-50 restaurants in town that buy
their specialty products. IIe noted that a majority of
the uses in this building are retail uses. He noted a
petition from every owner of the businesses in the build
supporting this use. They are asking for a counter
6' x 2' x 3' to display their cakes. They anticipate
this will be lob of the business. They will not be sell
single pieces of the cakes. They do not understand why
they can deliver the cakes but not sell them over the
counter. fie noted that there are 150 spaces for parking
Anderson asked how many parking spaces are reserved for
employees. Seigle noted they have two spaces. He felt
this is a unique opportunity for Aspen to have a special
food bakery. Ile produced pictures of the goods they bak
Dean Small, one of the bakers, noted the difference be-
tween a bakery and a specialty foods shop. fie noted thz
many people have inquired how they can purchase their
goods after having had them in the restaurants, Their
products need special care and refrigeration and it woul
be difficult to transport them to another location for
sale. Seigle noted that this will be an adjunct to thei
main industrial business. Klar asked where they are lo-
cated presently. Small stated that they are sharing spz
with the Aspen Wholesale Bakery at the Airport Business
Center and their lease is up this month.
Hedstrom wanted to approve the application but noted thz
the retail part of the business is strictly prohibited.
Anderson agreed. Collins feared that they will push oui
the uses that are intended for this district.
Hedstrom moved that the P&Z determine that a commercial
bakery and catering business is a permitted use in the
S/C/I zone and the definition in the code for commercia.
bakery be specifically applicable, Anderson seconded.
All in favor, motion approved.
• f`.,4
Hedstrom moved that the Planning Department prepare a
revised definition of commercial bakery to include a
restricted, clearly defined and limited sale of baked
goods on the premises, Anderson seconded. All in favor
motion approved.
-5-
MPAOFONU PUOLIEHINO CO., DENVIR RECORD O F P R O C E E D I N G S
Regular Meeting Aspen Planning and Zoning Commission October 17, 197
Klar asked the Planning Office to issue a note to the
Building Inspector regarding their concerns of uses in
this district.
Hedstrom moved that the P&Z determine that Your Pizza Run
consisting of pizza bakery with delivery service, is a
permitted use under the S/C/I zone, Klar seconded. All
in favor, motion approved.
Code.Ariendment, Grice asked Hedstrom if he would clarify his previous
Clarification of recommendation to the Planning Department to redefine and
.onmiercial Bakeries 'clarify commercial bakeries in the S/C/I district. Grice
in the S/C/i Zone preferred a crystal clear guideline for those who must
interpret it. Hedstrom said Grice may interpret his motic
broadly in drafting the amendment.
Hedstrom moved to adjourn the meeting, Klar seconded,
All in favor, motion approved. Meeting adjourned at 7:50
Sheryl mmen, Deputy City Clerk
SACHS KLEIN & SEIGLE
JEFFREY H. SACHS ATTORNEYS AT LAW DENVER OFFICE:
HERBERT S. KLEIN 601 EAST MAIN STREET 1660 LINCOLN ST.-SUITE 1518
JON DAVID SEIOLE ASPEN. COLORADO 81611 DENVER. COLORADO 60264
(303) 025-6813 (303) 881-2403
October 24, 1978
Ms. Karen Smith
Planning Director
City/County Planning Office
130 South Galena
Aspen, Colorado 81611
RE: Le Cuisinier, Inc./Amendment of
Definition of Commercial Bakery
Dear Karen:
On behalf of Le Cuisinier, Inc., I would respectfully request
that you and your staff initiate an amendment to the 'Zoning
Code, which would amend the present definition of "commercial
bakery" wlu ch appears in Section 24-3.1(bb) of the Code to
all ^.-j a 'bommercial bakery" to engage in limited over-the-counter
sales of goods produced on the premises.
The definition, as it now exists, precludes not only retail
over-the-counter sales but all retail dispensing of goods baked
on the premises. I do not believe that the latter was truly
intended by the authors of the Code, as in a City of the size
of Aspen, this would effectively preclude any bakery in the
S/C/I zone, as a pure wholesale bakery cannot be supported by the
population base of this City. This is further borne out by
the recent approval of the Pizza Runs use of a retail home
delivery service, which is expressly prohibited by the definition
of "commercial bakery" as it presently exists. The former pro-
hibition isinconsistent not only with the nature of wholesale
bakeries in general but also the S/C/I zone as it now presently
exists.
D?ost, if not all, wholesale bakeries have a limited retail out-
let to allow vending of their fresh baked products to the general
public. These operations are ancillary to the baker's primary
function of baking for the wholesale market, but nevertheless it
is a "service" offered to local residents who desire to take
advantage of it. Further, the definition of "commercial bakery"
as it appears in the S/C/I zone is an anomaly, because for no
other designated use, is there an attempt to define the potential
r4+r. X_
P4s. Karen Smith
Page Two
October 24, 1978
market. Rather, it is the nature of the use that determines
if the market is wholesale or retail. There seems no justification
for legislative determination of the market for one designated use
and not the remaining uses. In this respect, it is clear from the
nature of the businesses as presently existing in the S/C/I zone,
that retail marketing of goods is not only not prohibited, but is
dominant in the zone (please refer to the memorandum prepared by
Le Cuisinier, Inc. for the October 17th meeting of the Planning
and Zoning Commission which is attached hereto and which sets
forth the other businesses of the Mill Street Venture and their
Predominate markets). It certainly was not the intent of the
authors of the S/C/I zone to preclude retail operations in that
gone and there appears to be no rationale basis for the prohibi-
tion on a "commercial bakery" engaging in over-the-counter sales.
As outlined in the memorandum, Le Cuisinier, Inc. will primarily
be engaged in the wholesale production of baked goods and other
specialty foods. As an ancillary operation to its primary function,
Le Cuisinier, Inc. would like to sell its product, including baked
goods over-the-counter. As evidenced that such retail sales are
incidental to the wholesale operation, the baked goods would be
sold whole as opposed to in pieces, packaged, and no on --site
consumption would be permitted. There would be no beverages sold
and no seating available on the premises. Only a small percentage
of space would be allocated to the retail operation. As outlined
above, I feel that Le Cuisinier's activity is consistent with the
intent of the authors of the Zoning Code in designating the
S/C/I zone and would not be in derogation of the special function
that zone is intended to play. The limited retail use is clearly
consistent with limited commercial purposes as defined in the
intention of the S/C/I zone and also is a customary accessory to
the wholesale bakery business, which likewise falls within the
intention of the authors of the zoning code. I believe that a
"commercial bakery" can be defined in such a way as to further
the intent of the zone and allow a business operation that is
consistent with the overall purpose of the zone.
I offer the following definition of "commercial bakery" which
embodies the discussion above:
"commercial bakery" -- a bakery that is primarily
engaged in the wholesale production of baked goods.
A commercial bakery may engage in limited retail
over-the-counter sales of baked goods provided:
s
Ms. Karen Smith
Page Three
October 24, 1978
1.) That said retail sales is ancillary
to the primary activity of the
commercial bakery;
2.) That all goods sold are baked on
the premises;
3.) All goods sold are packaged;.and
4.) No on -site consumption of baked
goods is permitted.
This definition assures that a bakery permitted in the S/C/I
zone will primarily be engaged in a wholesale production, but
it allows a limited retail sales which is consistent with
customary accessory uses of wholesale bakery. I appreciate your
review of Le Cuisinier's• requestfor amendment of the definition
of the "commercial bakery" in your comments. I am hopeful that
this letter and/or the content hereof can be the subject of
discussion in the next Planning and Zoning Meeting and that an
appropriate motion will be made amending the definition.
I appreciate the assistance and cooperation that your office
has extended to Le Cuisinier and myself to date in this matter.
Sincerely yours,
SACHS, KLEIN & SEIGLE
By
Jon David Seigle
lmk
cc: Le Cuisinier
enc.
M E M O R A N D U M
TO: Aspen Planning and Zoning Commisison
FROM: Richard Grice, Planning Office
RE: S/C/I Code Amendments
DATE: November 16, 1978
In recent months, several applications for use determination and
conditional use have come before you which due to strict interpre-
tation of the zoning code by the Planning Office were recommended
for denial but were approved by the P & 7. I believe that this
happens because the arguments presented on each side, by the well-
meaning applicant and by the Planning Office, are primarily sub-
jective. My experience is that the final straw that changes the
tide of the vote is the realization first by one member then another
that "you know, there really is a demand for this business or ser-
vice." Outside of the Aspen Area in the purely free market, it
is upon the same kind of signal that businesses come into existence.
Dollar votes are cast by the demand and the result is growth in
the traditional sense. This trend, referred to as upgrading toward
the highest and best use, is a result of increasing traffic and
has a snowball effect. Traffic attracts traffic and rents go up.
Without zoning, a use which is in a location out of a high traffic
area during a period of upgrading is slowly pushed out by the ex-
panding demand, a city without zoning or physical limitations can
be expected generally to expand in circles outward. The trend
towards "highest and best use" needs to be recognized as a growth
pressure.
The Growth Management Plan has as one of its goals balance between
new businesses, population housing, community facilities, and ski-
ing. If in the administration process, we were to eliminate any
major segment of our economy, then our balanced population will not
have its balanced demands satisfied. A population with unsatisfied
demands is an extreme growth generator. In order to avoid a back-
lash which would be devastating to growth management and to those
qualities of life style goals which were identified by this com-
munity years ago, we need to be extremely careful to make our
zoning work.
The altered growth rate requires that we begin to make numerous
decisions which were previously made by the free market. These
decisions are called use determination, conditional use, 9040
greenline, mountain view plane, and etc. I feel that the charge
of the planning staff is to remind you of the progress we have
made. These decisions and the chance to make them are now law.
If we don't decide these decisions with a clear set of standards
in mind, then our code is tossed about without direction or purpose.
As demand for Aspen from all over continues to increase we can
expect growing tensions on our zoning code. Bright young lawyers
trying to do the best for their clients who are just trying to make
a living will continue to make great subjective arguments which
erode the zoning code unless we act to clarify the intentions of
the zone districts and remove the subjectivity. As the problems
are identified, the Planning Office will bring needed amendments
to your attention.
Our most crucial current problem is with the SCI Zone District.
Pressure on the SCI zone is increasing significantly. The City
has already appropriated the Rio Grande property for other pur-
poses and is in the process of acquiring the Aspen One property
which further reduces the availability of industrial sites. The
pending Aspen One acquisition already has the Planning Office search-
ing for a replacement site for the lumber yard. The end result
will most likely be the rezoning of additioanl County land to I
(Industrial). As you know, the scope of the SCI zone in terms of
Memo to City P&Z
S/C/I Amendments
November 16, 1978
Page Two
total kind area is very confined. There is a pocket of SCI zoning
behind the Concept 600 Building and the only other locations are
the Andrew's property at the base of Mill Street and then across
from the Andrew's property in the location of the Aspen Metro
Sanitation District plant and the Mill Street Venture. At present,
circular growth pressures radiating from the Trueman Center are
having the most significant effect upon the adjacent SCI Zone.
Since this Commission and the Community has already made the de-
cision not to satisfy this type demand, the Planning Office recom-
mends the following amendments to the Code:
1. Amend the intention of the SCI Zone District to read: to
allow the use of land for limited commercial purposes and
limited industrial Purposes, with customary accessory and
institutional uses, Provided those uses are not traffic
generators. In addition, residences for those employeed
in this district may be included in the service or com-
mercial buildings or adjacent thereto as conditional uses.
2. To the list of permitted uses, we need to add the word
industrial in front of dry cleaning plant and laundry,
delete gasoline stations and vehicle sales from the zone
district entirely.
3. The definition of commercial bakery should be amended to
read: a bakery in which there is permitted the Production
and/or wholesale (sale of goods to anyone other than the
ultimate consumer) sale of baked goods, but where over-
the-counter or other retail dispensing of baked goods on
site shall be prohibited.
4. A definition for limited commercial should be added to the
Code to read: A business for which retail sales on pre-
mises are prohibited but wholesale sales shall be permit-
ted both on and off premises.
We will honestly be amazed if each of you totally agree with the
proposed changes. But, if by focusing your attention we can de-
termine clearly what it is we are trying to preserve and begin to
move in a direction that will both preserve and improve the zoning
code, then our purposes will be served.
rh
M E M O R A N D U M
TO: Aspen Planning and Zoning Commission
FROM: Richard Grice, Planning Office
RE: SCI Zone
DATE: October 18, 1978
The altered growth rate requires that we begin to make numerous decisions
\ which were previously made by the freemarket, dollar votes or demand.
These decisions are called Use Determination, Conditional, 8040 Greenline,
Mountain View Plane. I feel that the charge of the Planning Staff is
to remind you of the progress we have made. These decisions and the chance
to make them are low. If we don't decide these decision with a clear
set of standards in mind, then our code is tossed about without direction
or purpose.
Spreading the core hurts existing merchants. Increases growth pressures
by satisfying them. Rents go up in S/C/I due to "upgrading S/C/I either
rel#s additional space at edge of town, out of traffic, where rents are
cheaper or in a town called Aspen with growth rate of 1.5 surrounded by
County zoned AF, the displaced S/C/1 er would more than likely leave.
Demand would then not be satisfied in this area within the community.
The backlash would begin to grow. The key here is the word Ballance.
What is happenning in the Use determination and Conditional Use hearings
is that the auguments presented on both sides are subjective and the final
straw is the realization by first one then another commission member is
that"there really is a need for this use." This means yeilding to demand.
We agree that needs should be met. Needs, services, luxuries, dwelling
units, ski facilities - all of these things are attempting to be baldnaed6'(,
Retailer needs the prime location, traffic and ect. Spreading traffic
out over town will delete the buying power in the area. His rent starts
getting expensive if the commercial core type businesses move in because
traffic means demand. If they retailer take over, the traffic comes,
and the value goes up toward "highest and best use". We must make the
conscious decision to resist the "normal trend" of the American Way for
the reasons we have previously identified in Growth Management Plan.
Backlash would be devistating to those quality of likestyle goals which
were originally identified. If the people don't get what they need in
the city then their demand for these services on the fringe of the city
increases.
Demand presures are increasing for Aspen. Growth preasures from the private
secter in the form of a backlash can be expected the increase under the
following scerino: normal presures from American economy are generally
in the direction of constant change (hopefully, according to the business
community toward what's known as "highest, and best Use" - this is
usually means dollars).
Following that line
so must the city in
made a decision aga
essity of adherance
means we will resis
and growing.
of thinking... demand is contantly expanding, therefore,
circles outward, usually called Urban sprawl. We've
inst that trend for our community. This means the nec-
to a strict interpretation of the zoning code. This
t the changes demanded by a Demand that is changing
If we hold growth rates down to 1.5% per year and at the same time allow
the xone districts to blend together, we can expect the "highest & best"
to, because of the dollars involved, become limited to those businesses
which generate high volumes due to high traffic.
• •
TRANSCRIPT
P & Z MEETING
OCTOBER 17, 1978
GRICE: Olaf, are you sure you don't want to reconsider your
motion to have us look at how to change the commercial
bakery section? I would prefer to be directed by this
commission to come up with crystal clear definitive
guidelines for uses allowed in the S/C/I zone so that
the Building Inspector and his assistants will have no
problem in understanding rather than taking one that's
crystal clear and making it loose. It's so subjective.
MS. ANDERSON: Well, for example, it doesn't say automobile repair, it
says automobile washing so at least...
COLLINS: If you can give us, you know, as much as you want and
we can look at it,
HEDSTROM: You interpret the motion broadly,
GRICE: Very broadly, well, if I interpret it very broadly, I
may not come in suggesting a change,
HEDSTROM: Alright, don't do it.
GRICE: Thank you.
KLAR: Just, your recommendation is it's great as it -stands.
GRICE: I'd rather tighten up what's there than loosen up what's
there so that we can really grab... The thing is it's so
subjective, the Planning staff, you guys, and then where's
it going to end? You let one in, and the other one says,
"Well, they're, you know,_they're..." and so on.
KLAR: And it changes with the composition of this Board. I
mean, just the short time I've been on here, and I'm
sure you've seen incredible changes.
RECORD OF PROCEEDINGS 100 Leaves
FORM M C. F. MOECREL S. !. f L. CO.
Regular Meetina Aspen Planning and Zoning Commission November 4, 1975
1
Meeting was called to order by Chairman Jack Jenkins with members Brian ��`(,-t^"
Goodheim, Roger Hunt, Patrick Dobie, Danny Abbott, and Mike Otte presentirL Also
.present was City/County Planner, Bill Kane; and Hal Clark from the Planning
Department. Larry Lavine represented the Aspen Institute.
Approval of Minutes Hunt asked that on page 2 of the October 7, 1975 minutes
on the first line that the word "for" be changed to
from. Hunt made a motion to approve the minutes of
October 7, as changed; seconded by Otte. All in favor,
motion carried.
Hunt moved to approve the ilinutes of October 21, 1975,
with the correction on the third page in the fifth
paragraph to read; Kane mentioned that in the Planning
Department's evaluation they wouldn't agree with the
project unless the parking solution was solved; seconded
by Otte. All in favor, motion carried.
New Business
City Attorney Stuller made a request to the Planning and
Zoning Commission that they set a public hearing to
consider 3 amendments to the zoning code. Those being
Revision of article 8 of the code, PUD; allowance of
livestock in residential districts if they were subser-
vient to an accessory to a residential use and not
commercial activity and did not constitute a public
niisiance; and a change was requested that open space
be re -defined so it must be provided at grade as opposed
to being four feet above or 10 feet below grade.
Jenkins suggested that they have a study session_ on
November 18 to discuss the amendment PUD. The public
hearing will be on December 2, 1975 for the PUD.
Historic Prservation
Stanford told Planning and Zoning members that the City
Council has authorized the admission of a minor change
in the zoning code to allow the Historic Preservation
to increase their membership by 3 alternate members.
The Planning and Zoning is to make a recommendation and
forward the. recommendation of that proposal to Council.
Standford read the proposed charge.
Motion
Hunt made a motion for the Historic Preservation Committee
to increase the membership by an addition of 3 alternates;
seconded by Abbott. All in favor, motion carried.
Historic Designation
Stanford mentioned. that this be cancelled due to improper
of four structures
notification procedure.
Commercial Bakery
C1.1-.rk presented the request statinn that it is a public
Permitted use in
hearing set pursuant to the Plannin..q and Zoning request
S/C/I zone
to incorporate commercial bakery as permitted use in
the S/C/I District. The hearing is being held pursuant
to section 24.11.-4 of the Zoning Code. The request was
pr.empted by the •apoli.cant, George Sells, for the commer-
cial bakery located in the building adjacent to the Rio
Grande. It has the Planning Department's approval.
Jenkins asked if there were any comments. Jenkins closed
the public hearing.
Motion
Abbott made a motion that commercial bakery be a
permitted use in the S/C/I zone; nor.. -retail; seconder?
by Hunt. All. in favor, motion carried.
RECORD OF PROCEEDINGS
100 Leaves
FORM W C. /. KOECKEL B. B. B L. CO.
Regular Meeting Aspen Planning & Zoning Commission October 7, 1975
Motion Collins moved to temporarily zone the Thomas Property
C-Conservation; seconded by Otte. All in favor, motion
carried.
Columbine Clark explained that this is an application for Columbine
Condominiums Condominiums consisting of 5 one bedroom condominiums to
located on the corner of Hopkins and Original, across the
street from the Larkspur. Zoning is RMF, 5 units are
allowed, 1 unit per 1200 sq.f t. and is a total of 6,000
sq.ft. on the property and our recommendation is for
approval of the application at this time.
Motion Hunt moved to approve conceptual subdivision for Columbine
Condominiums; seconded by Patrick Dobie. All in favor,
motion carried.' Clark asked applicant to bring floor
plans for P&Z members to see.
Scott
Condominiums Clark explained that this application of the condominimiza-
tion of the existing Scott Medical Buildings consisting of
8 condominium units, 7 of which are apartments and 1 a
medical office. The building will be between third and
fourth streets. Clark said that it is a non -conforming
use and is an R-6 zone. Planning Office had one concern
and that is adequate parking be provided for the entire
building. There are 11 parking spaces available now.
Jenkins felt that since there is a medical office they
will need sufficient parking for the office plus the
bedrooms in the apartments. Jenkins also felt that if
the existing apartments in which locals are now living in
are condominimized and bought by non -local people that
it would be defeating the purpose.
Motion Goodheim made a motion to deny subdivision for the Scott
Condominiums on the basis that we are in the midst of
formulating a policy concerning the merits of condomin-
imization existing structure and admittedly the applicant
has no existing need to condominimize right now;
seconded by Abbott.
Jenkins asked if there was any discussion. Clark felt
that there were two factors which were unclear those
being he hadn't crossed checked with the plans in the
building department and feels that it would be appropriate
to get a list of tenants and units that they own and
would be appropriate to be tabled until submitted.
Motion Goodheim made a motion to withdraw first motion; Abbott
seconded. Goodheim amended the motion to read the
conceptual subdivision approval of Scott Condominiums
pending a submission by applicant of tenant lesses and
satisfaction and submission of engineering data and physi-
cal data to planning office that would answer the points
in question; seconded by Abbott. All in favor, motion
carried.
Use Determination Clark presented the project by saying that this is a
Bakery in S/C/I request in a S/C/I zone which is Service, Commercial,
and Industrial. Clark said what they are recommending
is that the conditional use be approved but that retail
use not be allowed at that location.
-3-
i
Aspen Planning& ting 10-7-75
George Sells described the physical location of the build-
ing which would be down the hill from the Jerome by
the river and it's a white sheet metal building. There
would be about 95% wholesale and the rest retail. It
was questioned if retail use could be permitted as a
commercial use. Kane felt that that particular area
could not handle the automobile turnover because it is
already too congested. Collins felt that a commercial
bakery would be alright in that area but not to have it
be a retail bakery. Kane said that there will have to
be a conditional use hearing on this proposal; it will
require a public hearing. -Due to the fact that this use
is undefined and when there is a question in P&Z's mind
they review the use.
Motion Hunt made a motion that the bakery be included within the
zone S/C/I as a commercial bakery non -retail; Abbott
seconded the motion. All in favor, motion carried.
November 4, 1975 was set for a public hearing to Amend
Code for bakery.
Park Central Park Central was post-poned until November 4, 1975.
Hunt made a motion to adjourn the meeting; seconded by
Dobie. Meeting adjourned at 7:30.
E izab7,0th M. Klym, Deputy City Clerk
1
MEMORANDUM
TO: Aspen City Council
FROM: Richard Grice and Karen Smith, Planning Office
RE: Definition of Commercial Bakery
DATE: January 4, 1978
The presence of the high volume and high traffic Trueman Center adjacent to the
S/C/I zone has resulted in a dramatic increase in the pressure for "up -grading"
in the S/C/I zone district. Requests abound for quasi service/commercial uses
because it is apparent that the lower Mill Street area will soon emerge as a
high traffic area and therefore an attractive one for retail operation. The
S/C/I zone was created as a haven for those uses which do not require high
traffic for survival. The low rents which have historically been charged in
the Mill Street Venture building ($7.50 per square foot) are a function of the
same low traffic. Annual rental rents per square foot in the Commercial Core
are commonly in the $18 to $20 range. The pressure which is being imposed upon
the S/C/I zone is a very natural trend in the free market, known as the pressure
to up -grade toward the "highest and best use". In a town such as Aspen with
a growth rate of 1.5% surrounded by a County zoned agriculture -forestry with
large lot zoning, it is absolutely imperative that we maintain our zoning
code and its zone district boundaries. If we do not maintain our zone boundaries
with a clear set of standards, we can expect the less competitive service/
commercial/industrial uses which are the backbone of the community to be pushed
out of town by spiraling rents. This trend towards "highest and best use"
needs to be recognized as a growth pressure.
The Growth Management Plan has as one of its goals, balance between new
businesses, population, housing, community facilities, and skiing. If, in
the administrative process, we were to eliminate any major segment of our
.economy, then our balanced population would not have its balanced demands
satisfied. In the Growth Management Policy Plan on page 46, the City recognized
that allowing unlimited commercial activity was inconsistent with the goal
to preserve the 3.47 County -wide growth rate. Therefore, the goal of limiting
commercial expansion to 24,384 square feet was limited to two districts (CC and
C-1). If this code amendment is approved, it will represent an expansion of
commercial space not controlled by the GMP and another step in the trend toward
the elimination of Service/Commercial/Industrial uses.
In a community without growth controls the up -grading trend toward "highest and
best use" results in the constant expansion of those cities in circles outward.
In an attempt to get away from high traffic areas the service/commercial/industrial
type uses move.to the fringe of the city. That is not an option these uses
have in Aspen. If the area in which they are located up -grades, their only
choice is to cease to exist. In order to avoid a backlash which would be
devastating to growth management and to those quality of life-style goals which
were identified by this community years ago, we need to be extremely careful
to make our zoning work. A population with unsatisfied demands is an extreme
growth pressure.
The definition of Commercial Bakery as it exists in the Aspen Municipal Code
today, makes a careful distinction of the perameters of commercial bakeries.
The distinction of course prohibits retail dispensing of baked goods. It was
initiated through a special code amendment in November, 1975, permitting only
non -retail commercial bakeries in the S/C/I zone district. The amendment
was prompted by a request by George Sells to locate a commercial bakery in the
building adjacent to the Rio Grande property. The consensus of P and Z opinion
was that this use was appropriate and consistent with other uses if it was
non -retail and that the code should be amended to permit it. The particular
condition prohibiting retail sales is more logical for. commercial bakery uses
in that bakeries are more easily converted to high volume retail trade. People
are likely to stop by to pick up some deserts if the location is at all convenient.
The location of the Mill Street Venture building adjacent to the Trueman Center
has already resulted in a lot of traffic in the area. In the event this
definition is changed, we can expect rental rates in the Mill Street Venture
building to increase to the $11 per square foot rate currently charged in the
Trueman Center. This is exactly what we are trying to avoid. Although Mr.
Sells' request had been for a use that was 95% whclesale and 5% retail, Bill
Kane argued that the area was inappropriate to handle the traffic generated
by the commercial -retail uses.
Since the adoption of the restrictive definition for commercial bakeries,
other applications for retail dispensing of baked goods in the S/C/I zone
have been administratively denied. Tom Dunlop tells me that in October of
1977 a company called Matilda's Hot Bread Company of Georgia requested
permission to manufacture bread products in the S/C/I zone and to sell those'
products on premises. The building inspector denied them a business license
under those conditions. Subsequently, the owners of the business acquired
additional space in the Brand Building in the Commercial Core and planned to
do their retailing out of that location. This involved a departure from the
guidelines of their franchise in that bread products could not be transferred
from the S/C/I zone to the Brand Building without first being placed in plastic
bags. So; this company required space in two locations as a result of the
administration of the zone by the building inspector.
The P and Z recently turned down a request to permit a limited food service/
coffee shop in the S/C/I zone on the grounds that it would foster erosion of
the zone. They were concerned that use of this coffee shop could not realistically
be limited to the employees who worked on premises but would result, once again,.
in increasing traffic into the zone.
As you know, the scope of the S/C/I zone in terms of total land area is very
confined. There is a pocket of S/C/I zoning behind the Concept 600 building
and the only other locations are the Andrews property at the base of Mill
Street and then across from the Andrews property in the location of the Aspen
Metro Sanitation District plant and the Mill Street Venture. The S/C/I zone
was originally conceived to be a larger zone than it is today. The City has
already appropriated the Rio Grande property for other purposes and has
acquired the Aspen One property which further reduces the availability of
industrial sites. The Aspen One acquisition already has the Planning Office
searching for a replacement site for the lumberyard. The end result will most
likely be the rezoning of additional County land to I (Industrial). If the
S/C/I zone is allowed to be continually eroded, we will expect that this
Council will, in the next few years, be faced with the necessity of rezoning
additional land to S/C/I. We feel it makes more sense to maintain the zone
district boundaries as they stand today than to give in to the pressure to
upgrade.
The proposed new definition now comes to Council for second and final reading.
We recanmend that Council not adopt the new definition. The current prohibition
on over-the-counter baked goods sales is appropriate, whether the baked goods
are the individual cheese danish or the whole chocolate rum tort, as offered
.by Le Cuisinier. It is the intrusion of this type of retail activity which
will deteriorate the S/C/I and outcompete the uncompetitive service commercial and industrial uses. Le Cuisinier is permitted in the S/C/I today; in fact,
they have secured all building permits and business license approvals, provided
they comply with the current definition. Their retail end should be conducted
in those zones where it is currently allowed (Commercial Core and Neighborhood
Commercial) as. they were advised when they first applied for a business
license. There is a new bakery going into the Trueman Center so the public's
demand for baked goods in that area will be satisfied. We suggest that if
Le Cuisinier feels that they need and must have a commercial outlet, they go
into one of the zones where it is an allowed use and open up a retail outlet
in much the same way as Delice Bakery has done. Delice, as you know, conducts
its wholesale/manufacturing operation in the Airport Business Center and has
its retail outlet in town. The situation works fine for Delice as retail sales
are prohibited in the Airport Business Center and manufacture is prohibited in
the Commercial Core.
The proponents of this code amendment point to retail. stores in the zone
and suggest that the visible erosion is just cause to encourage further
erosion. In actuality, those uses in the zone which currently exist were
approved under limited parameters with the understanding that retail sales
of over-the-counter goods would be limited to "minor, incidental sales".
Clayton did not approve these businesses as retail stores with incidental
manufacture and repair but rather the other way around. The boundary line
.. I . -.. . .. . . - ' 'r' r
drawn by the code between retail stores and the wholesale/service/manufacture
type business is ambiguous to the point that Clayton feels the code to be
unenforceable.
The code amendment is at best premature and should be preceded by a careful
redefinition of the S/C/I zone.
i
_ aM
1
The following is a list of permitted uses in the
SCI zone district as defined at section 24-3.3 of the
Municipal Code of the City of Aspen. The SCI zone is intended
"to allow the use of land for limited commercial purposes
and limited industrial purposes, with customary accessory
and institutional uses." Permitted uses are defined as
"limited commercial and industrial uses including the following
and similar uses:'f
PERMITTED USES CHARACTERIZATION OF USE
vehicle sales
equipment rental
equipment storage
equipment repair
gas station
auto washing facility
electrical/plumbing service shops
commercial bakery
shop craft industries
builders supply
dry cleaning plant and laundry
building materials
lumber yard
manufacture and repair of sporting goods
printing and publishing
warehousing and storage
retail
retail
retail
retail t t
retail
retail
service/retail
retail prohibited
retail
retail
retail
retail
retail
wholesale/retail
wholesale/retail
retail
Permitted uses are limited only to the extent that
they may create unusual traffic hazards, noise, dust, fumes,
odors, smoke, vapor, vibration, glare, or industrial waste
disposal problem.
Existing uses in the SCI zone comply with the intent
of the zone definition and in some cases are specifically
referred to as permitted uses. Nonspecific permitted uses
are generally similar uses and thereby qualify to do business
in the SCI zone. The following is a list of existing uses
with evaluation as to their degree of conformity as permitted
uses:
EXISTING USES DEGREE OF CONFORMITY
Tipsy-T's,bar supplies
wholesale/retail
Fresh Squeezed Orange Juice
orange juice, wholesale/
retail
Specialty Glass, repairs,
replacement of glass,
retail
Quality Auto Parts
Y' Olde Washouse
laundramat, retail
Brown Wolf Commercial Artist,
retail
Heritage Paints, retail
Pegasus Saddlery, retail
not specific but
similar
not specific but
similar
builders supply or
similar
similar to vehicle sales/
gas station
specific permitted use
similar to printing and
publishing or shop craft
builders supply or similar
similar to sporting goods
•
•
EXISTING USES
Henry's Electronics,
retail
Marvin Auto Repair,
retail
Fox Bronco Auto Repair,
retail
Aspen Times
Printed in Aspen,
retail
CONCLUSION
DEGREE OF CONFORMITY
permitted as a service
shop with customary accessory
retail sales
similar to service station
similar to service station
permitted use as publishing
enterprise
specifically permitted as a
print shop
From the foregoing it is clear that the SCI zone was
intended to permit retail functions carried on by permitted
or similar uses. The existing uses in the SCI zone comply
with the specific language and intent of the zone. The only
defined limitation on retail sales in any permitted use is
found not in the SCI zone category language, but rather in the
definition of commercial bakery at section 24-3.1 (bb). This
inconsistency arises from the definition of commercial bakery
and has no rational basis as applied in the SCI zone considering
the broad range of permitted retail uses and the retail character
of all existing uses.
LE CUISINIER,., INC.
Application for Conditional Use
CONDITIONAL USE REQUESTED:
Le Cuisinier, Inc. requests that it be permitted to engage in
limited retail sales for its products in the Mill Street Venture
Building at 465 North Mill Street.
ZONE: S/C/I
NATURE OF BUSINESS:
Le 0,ilsinier, Inc. is a full service catering business providing
Aspen with unique concepts in food. Le Cuisineire, Inc. is owned
and operated by Tom Gerlak and Dean Small, graduates of the Culinary
Institute of America. Per. Gerlak has recently been chef for Nelson
Rockefeller at Pocantico Hills, the Rockefeller estate and for
Mr. Henry Kissinger. (See exhibits A and B attached). Mr. Small
recently worked as a chef at the Windows on the World, Hilton,
International, World Trade Center, New York, New York. Prior to
that employment, he was the sous chef at the Ute City Banque.
Le Cuisinier, Inc. is very proud of its high standards in both
food preparation and professionalism.
PRODUCT:
Le Cuisinier, Inc. desires to offer a full service patissire to
the residents of the Snowmass - Aspen area. Presently, such a
service is unavailable to the residents of the Roaring Fork Valley.
Le Cuisinier, Inc. specializes in gourmet desserts. They are
presently the only bakery in the State of Colorado who produced
the following baked goods.
Amaretto Cheescake
Cappuccino Cheescake
Linzer Torte
Black Forest Calve
Chocolate Almond Mousse Torte
Apple Custard Torte
Brioche Bread ::lA
Croissants y�
Presently, the above products, plus all the other numerous items?'
that they produce are available only on a wholesale basis. The
following restaurants in the Roaring Fork Valley are supplied or aa{
will be supplied this winter with Le Cuisinier's products.'.,,
Andres' of Aspen
Aspen Steak Company
Hickory House
Little Annies
Dunnavant's Ltd.
Guidos Swiss Inn
Jolly Jester
Maurices
Shannon's Galley
Cheese Company
Springs Restaurant
The Meadows Restaurant
The Araya
Courtyard Cafe
Country Roads Ltd.
Holiday Inn of Aspen
Pomeqrantate
Mt. Sopris Restaurant
Copper Kettle
Paragon
The Skier Chalet
The Stonebridge Inn
The Refectory
DiMaggio's At the Frying Pe
The Tower Restaurant
The Restaurant
Timbermill Inn
Timberline Bar and Restaure
Village Delicatessen of
Snowmass
Aspen Mine Company
Casey's of Aspen
Galena Street East
Lovings
Sgt. Peppers American Cafe
Pinocchio's
•
Ute City Banque
Crystal Palace
Sweet Sensations
Culinary Corner
Bagal Nosh
Golden Horn
Aspen Bar and Grill
Le Cuisinier, Inc. recognizes that presently they offer a product
that is only available to the public who patronize the above listed
restaurants and desire to provide the community the opportunity to
savor the specially baked items that they produce without having
to go out to dinner to enjoy it. Since Le Cuisinier is primarily
a wholesale bakery, it will not be selling donuts, cookies and
brownies that are traditionally sold by other commercial bakery's
in town. Le Cuisinier will be more complimentary to than compe-
titive with the existing bakeries in town.
Le Cuisinier, Inc. will devote less than 10% of their total
leased space to the retail operation (see floor plan attached
hereto as Exhibit C). The retail operation shall be limited to
a six foot long display case. There will be no seating available
as on -site consumption of the bakery goods is not contemplated.
The primary business of Le Cuisinier is wholesale and the antici-
pated retail operation, as outlined above is ancillary to its
primary business. At the present time, Le Cuisinier estimates that
less than 10% of their gross income will be generated by the retail
sales.
APPROPRIATENESS OF LOCATION
Le Cuisinier spent considerable time and effort in choosing a
leased space for their operation. The Mill Street Venture Building
was selected because of the character of the surrounding neighbor-
hood. The 400 block of Mill Street, upon completion of the True -
man Center, will be Aspen's resident's shopping center. There
are approximately 20 businesses leasing space in the Mill Street
Venture Building. Le Cuisinier's leasehold space is on the upper
level of the Mill Street Venture Building which has grade access
on the southern side. On that level, the following businesses
are located:
n74E NATURE. OF BUSINESS WHOLESALE/RETAIL
Tipsy-T's
Fresh Squeezed Orange
Juice
Speciaity Glass Ltd.
Quality Auto Parts
Y'old Wash house
Brown and Wolf
Studios, Inc.
Heritage Paints
Pegasus Saddlery
bar supplies
orange juice
repair replacement of glass
auto parts
laundramat
ccmnercial artist
paints and supplies
saddles, tack, guns and
supply shop
wholesale and retail
primary wholesale with
limited retail
retailE`>y''
'
V/` �a
wholesale and retail
retail
retail
�`'
retail
w 4�4
retail
Henry's Electronics TV and Stereo supplies retail
0 •
Lower Level - Mill Street Venture
IWb'.
Marvin Enterprises
Fox Bronco
Aspen Times
NATURE OF BUSINESS
WHOLESALE/RETAIL
Autcrotive repair shop retail
Automotive repair shop retail
Newspaper, publishing office wholesale
Printed in Aspen Print shop
retail
The Mill Street Venture Building Property is adjacent to the Trueman
Center which shall contain the following retail businesses upon
the completion this winter of the building:
bakery
super market
interior design shop
candy shop
appliance store
drug store
liquor store
bank
hardware store
natural food store
The businesses in the Mill Street Venture Building, and the remaining
businesses located on the 400th block of North Mill Street are
primarily a retail operation oriented at the non -tourist cliental.
The Conditional Use sought by Le Cuisinier is consistent and com-
patible with the surrounding businesses. The Mill Street Venture
Building represents the most logical location for an operation of
Le Cuisinier's type. This is borne out by the petitions attached
as Exhibit C, D and E, which request by the Planning and 'Zoning
Commission approval of Le Cuisinier's conditional use.
As stated above, the 400 block of Mill Street is becoming Aspen's
local resident's shopping center. Le Cuisinier's retail operation
will cater to the non -tourist cliental. It will not generate any
additional traffic demands on the surrounding area since it is
contemplated that Le Cuisiner's customer will be one -stop shopping
for all his needs at the Trueman Center and Mill Street Building.
The Mill Street Building presently has approximately 80 parking
spaces with the Trueman property having an equal amount of parking
available. The Mill Street Venture building is an extremely
appropriate location for the type of operation Le Cuisinier seeks
approval for.
CONCLUSION
Le Cuisinier is extremely proud of the product it produces and
would like to make that product available to the community at
large. It is a very unique opportunity for a small town like
Aspen to have a full service patissire. The nature of the
proposed operation to be carried on by Le Cuisinier at the Mill
Street Venture is consistent, compatible and logical for the
business district emerging in the 400 block of North Mill Street.
• EX111BIT "A" •
Git[[NROCK CORPORATION
POCANTico HILLS
TARRYTOWN, NEW YORK 10591
August 16, 1973
To Whom It May Concern:
It is my pleasure to highly recommend Tom Gerlak
as a very fine young man who is also a skilled chef
and caterer. He first came to us as a substitute
in one of our guest houses and then became the
permanent chef at Kykuit, the Governor's residence
i►i Pocantico. Tom earned the respecIt of everyone
in addition to praise for his work. He worked
quietly, efficiently anu economically in planning
menus and purchasing.
We regret his departure, however, we wish him great
success in the future.
Joseph W. Canzeri
President
• I XII II31'- I' D" •
HENRY A. KiSSINGER
February 8, 1978
Dear Mr. Gerlak:
I want you to know how pleasod
—i Mrs. Kissinger and I always were
when you cooked for us. Even
though you often made it difficult
for me to remember I was on a diet,
I would not hesitate to recommend
you to someone who was looking for
an excellent chef. You took good
care of us, and we greatly appre-
ciated it.
•
Best regards,
Henry A. Kissinger
Mr. Tom Gerlak
15 Stanford Avenue
Coloni.a, New Jersey 07067
t•:;•
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_.I EXHIBIT "C"
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• EXHIBIT "D" •
PETITION
The Undersigned being the owners, managers or employees of
the businesses located on the 400 block of Mill Street hereby
request the Planning and Zoning Commission to approve Le Cuisiniere's
application for limited retail operation to be carried on in the
Mill Street Building located at 465 N. Mill St., Space 19 as such
use is consistent with the objectives and purposes of the S/C/I
zone, is compatible with the other businesses in the surrounding
area and the location in question represents the most logical,
efficient, and convenient location for the nature of the service
and product offered by Le Cuisinere, Inc.
Name
`lo
J4 0-
Hfj—'�
1
Business
Address
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• EXHIBIT "E"
PETITION
The Undersigned being the Owner and Tenants of the
Mill Street Building located at 465 N. Mill hereby request the
Planning and Zoning Commission to approve Le Cuisiniere's
application for limited retail operation as such use is compatible
with the other uses in the building; is consistent with the
objectives and purposes of the S/C/I zone and the Mill Street
Building hereby represents the most logical, efficient and
convenient location for the nature of service and products offered
by Le Cuisiniere.
Name
Address
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5- 0 EXHIBIT "F" 0
PETITION
The undersigned being residents of the City of Aspen hereby
request the Planning and Zoning Commission to approve Le Cuisiniere's
application for limited retail operation to be carried on at the
Mill Street Building, 465 N. Mill St., Space 19, as such use is
consistent and compatible with the other uses in the surrounding
area and the location in question represents the most logical,
efficient and convenient location for the nature of the service
and r-educt offered by Le Cuisiniere, Inc.
Name
l �
Address
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TO:
FROM:
RE:
DATE:
• MEMORANDUM 'p �' -�4
Aspen City Council
Richard Grice and Karen Smith, Planning Office
Definition of Commercial Bakery
January 4, 1978
Lei U� 44
Awe OL ,
The presence of the high volume and high traffic Trueman Center adjacent to the
S/C/I zone has resulted in a dramatic increase in the pressure for "up -grading"
in the S/C/I zone district. Requests abound for quasi service/commercial uses
because it is apparent that the lower Mill Street area will soon emerge as a
high traffic area and therefore an attractive one for retail operation. The
S/C/I zone was created as a haven for those uses which do not require high
traffic:for survival. The low rents which have historically been charged in
the Mill Street Venture building ($7.50 per square foot) are a function of the
same low traffic. Annual rental rents per square foot in the Commercial Core
are commonly in the $18 to $20 range. The pressure which is being imposed upon
the S/C/I zone is a very natural trend in the free market, known as the pressure
to up -grade toward the "highest and best use". In a town such as Aspen with
a growth rate of 1.5% surrounded by a County zoned agriculture -forestry with
large lot zoning, it is absolutely imperative that we maintain our zoning
code and its zone district boundaries. If we do not maintain our zone boundaries
with a clear set of standards, we can expect the less competitive service/
commercial/industrial uses which are the backbone of the community to be pushed
out of town by spiraling rents. This trend towards "highest and best use"
needs to be recognized as a growth pressure.
The Growth Management Plan has as one of its goals, balance between new
businesses, population, housing, community facilities, and skiing. If, in
the administrative process, we were to eliminate any major segment of our
economy, then our balanced population would not have its balanced demands
satisfied. In the Growth Management Policy Plan on page 46, the City recognized
that allowing unlimited commercial activity was inconsistent with the goal
to preserve the 3.47% County -wide growth rate. Therefore, the goal of limiting
commercial expansion to 24,384 square feet was limited to two districts (CC and
C-1). If this code amendment is approved, it will represent an expansion of
commercial space not controlled by the GMP and another step in the trend toward
the elimination of Service/Commercial/Industrial uses.
In a community without growth controls the up -grading trend toward "highest and
best use" results in the constant expansion of those cities in circles outward.
In an attempt to get away from high traffic areas the service/commercial/industrial
type uses move to the fringe of the city. That is not an option these uses
have in Aspen. If the area in which they are located up -grades, their only
choice is to cease to exist. In order to avoid a backlash which would be
devastating to growth management and to those quality of life-style goals which
were identified by this community years ago, we need to be extremely careful
to make our zoning work. A population with unsatisfied demands is an extreme
growth pressure.
The definition of Commercial Bakery as it exists in the Aspen Municipal Code
today, makes a careful distinction of the perameters of commercial bakeries.
The distinction of course prohibits retail dispensing of baked goods. It was
initiated through a special code amendment in November, 1975, permitting only
non -retail commercial bakeries in the S/C/I zone district. The amendment
was prompted by a request by George Sells to locate a commercial bakery in the
building adjacent to the Rio Grande property. The consensus of P and Z opinion
was that this use was appropriate and consistent with other uses if it was
non -retail and that the code should be amended to permit it. T';e narticular
condition prohibiting retail sales is more logical for commercial bakery uses
in that bakeries are more easily converted to high volume retail trade. People
are likely to stop by to pick up some deserts if the location is at all convenient.
The location of the Mill Street Venture building adjacent to the Trueman Center
has already resulted in a lot of traffic in the area. In the event this
definition is changed, we can expect rental rates in the Mill Street Venture
building to increase to the $11 per square foot rate currently charged in the
Trueman Center. This is exactly what we are trying to avoid. Although Mr.
Sells' request had been for a use that was 95% wholesale and 5% retail, Bill
Kane argued that the area was inappropriate to handle the traffic generated
by the commercial -retail uses.
Since the adoption of the restrictive definition for commercial bakeries,
other applications for retail dispensing of baked goods in the S/C/I zone
have been administratively denied. Tom Dunlop tells me that in October of
1977 a company called Matilda's Hot Bread Company of Georgia requested
permission to manufacture bread products in the S/C/I zone and to sell those
products on premises. The building inspector denied them a business license
under those conditions. Subsequently, the owners of the business acquired
additional space in the Brand Building in the Commercial Core and planned to
do their retailing out of that location. This involved a departure from the
guidelines of their franchise in that bread products could not be transferred
from the S/C/I zone to the Brand Building without first being placed in plastic
bags. So', this company required space in two locations as a result of the
administration of the zone by the building inspector.
The P and Z recently turned down a request to permit a limited food service/
coffee shop in the S/C/I zone on the grounds that it would foster erosion of
the zone. They were concerned that use of this coffee shop could not realistically
be limited to the employees who worked on premises but would result, once again,
in increasing traffic into the zone.
As you know, the scope of the S/C/I zone in terms of total land area is very
confined. There is a pocket of S/C/I zoning behind the Concept 600 building
and the only other locations are the Andrews property at the base of Mill
Street and then across from the Andrews property in the location of the Aspen
Metro Sanitation District plant and the Mill Street Venture. The S/C/I zone
was originally conceived to be a larger zone than it is today. The City has
already appropriated the Rio Grande property for other purposes and has
acquired the Aspen One property which further reduces the availability of
industrial sites. The Aspen One acquisition already has the Planning Office
searching for a replacement site for the lumberyard. The end result will most
likely be the rezoning of additional County land to I (Industrial). If the
S/C/I zone is allowed to be continually eroded, we will expect that this
Council will, in the next few years, be faced with the necessity of rezoning
additional land to S/C/I. We feel it makes more sense to maintain the zone
district boundaries as they stand today than to give in to the pressure to
upgrade.
The proposed new definition now comes to Council for second and final reading.
We rec onmend that Council not adopt the new definition. The current prohibition
on over-the-counter baked goods sales is appropriate, whether the baked goods
are the individual cheese danish or the whole chocolate rum tort, as offered
by Le Cuisinier. It is the intrusion of this type of retail activity which
will deteriorate the S/C/I and outcompete the uncompetitive service commercial
and industrial uses. Le Cuisinier is permitted in the S/C/I today; in fact,
they have secured all building permits and business license approvals, provided
they comply with the current definition. Their retail end should be conducted
in those zones where it is currently allowed (Commercial Core and Neighborhood
Commercial) as they were advised when they first applied for a business
license. There is a new bakery going into the Trueman Center so the public's
demand for baked goods in that area will be satisfied. We suggest that if
Le Cuisinier feels that they need and must have a commercial outlet, they go
into one of the zones where it is an allowed use and open up a retail outlet
in much the same way as Delice Bakery has done. Delice, as you know, conducts
its wholesale/manufacturing operation in the Airport Business Center and has
its retail outlet in town. The situation works fine for Delice as retail sales
are prohibited in the Airport Business Center and manufacture is prohibited in
the Commercial Core.
The proponents of this code amendment point to retail stores in the zone
and suggest that the visible erosion is just cause to encourage further
erosion. In actuality, those uses in the zone which currently exist were
approved under limited parameters with the understanding that retail sales
of over-the-counter goods would be limited to "minor, incidental sales".
Clayton did not approve these businesses as retail stores with incidental
manufacture and repair but rather the other way around. The boundary line
•
•
drawn by the code between retail stores and the wholesale/service/manufacture
type business is ambiguous to the point that Clayton feels the code to be
unenforceable.
The code amendment is at best premature and should be preceded by a careful
redefinition of the S/C/I zone.
3
1:
V I
CITY OF ASPEN
130 south galena street
aspen, Colorado 81611
MEMORANDUM
TO: Aspen City Council
SD 6 r1 u11
FROM: Clayton Meyring, Building Department
RE: Uses presently in operation in the Mill Street Venture Building
DATE: January 5, 1979
The following uses are in existence in the Mill Street Venture
Building at 465 North Mill Street showing how they were permitted and
business license that were issued.
Unit #1 - Martin Enterprise - Business license listed as service
auto repair specifically permitted as auto repair S/C/I district.
Unit #2 - No Name Auto Repair - Finance could not find business
license - specifically permitted as auto repair S/C/I district
Unit #3 - Fox Bronco Auto Repair - Finance could not find business
license - specifically permitted as auto repair S/C/I district
Unit #4)
Unit #5) not occupied
Unit #6)
Unit #7 & #8 - Aspen Times - Business license listed as newspaper -
specifically permitted as printing and publishing plant.
Unit #9 & #10 - Aspen Printing - no staff approval - business license
listed as commercial printing, cards, stationery, posters -
specifically permitted as printing and publishing plant.
Unit #11 - Tipsy T's (permitted) - business license listed bar supply
wholesale - not specifically permitted but similar to intent of S/C/I
Unit #12 - Le Cusini.er Caterers - business license listed as wholesale
desserts and private catering - specifically permitted as commercial
bakery.
Unit #13 - Specialty Glass - business license listed as commercial
glazing - specifically permitted as builders supply.
i
t •
Memo to City Council
January 5, 1979
Page 2
Unit #14 S #15 - Quality Auto Supply Inc. - business license listed
as auto supply - retail and primarily wholesale outlet.
Not specifically permitted - zoning ordinance does not specifically
permit this use in any district.
Unit #16 - Ye Olde Washhouse II - business license listed as laundry
and dry cleaning. If business is operated as laundromat then not
permitted in S/C/I zone.
Unit #17 - Brown Wolf Studios - business license listed as advertising,
graphics wholesale - specifically permitted as printing and publishing
plant.
Unit #18 - Heritage Painting & Decorating - business license listed
as retail paint store. Also as contractor and retail sales. Paint
and wallpaper store permitted in CC & C-1. Specifically permitted
as building supply.
Unit #19 - Pegasus Saddlery & Gun Shop - Business license listed as
retail and service. May be permitted as shop -craft industry whatever
that is? Permitted as manufacturing and repair of sporting goods.
Unit #20 - :Henry Electronic Center - business license listed as
electronic sales and service. Not specifically permitted unless can
be construed to be an electrical service shop.
The following units have building permits and the impression that
was created at the time the building permit was issued.
Unit #12 - Le Cusnier Caterers - permit issued October 13, 1978,
as a commercial bakery.
Unit #16 - Ye Olde Washhouse II - permit issued March 7, 1978,
with the impression that this was a laundry operation not realizing
that it would be a coin -operated laundromat.
Unit 4117 - Brown Wolf Studios - permit issued December 20, 1977, as
a graphic design studio.
The above relates how the history of the uses in the Mill Street
Venture Building came into being. Some of the uses are very clear in
what is permitted and they exist today as was approved. Other uses
are not that clear in giving initial approval and have changed in character
to the point that the use as it exists today would not have been approved.
The character has changed to more retail oriented than wholesale as is the
intent of the S/C/I district. Lecause of that fact, it is my opinion that
some of the uses are unenforceable.
CM:mc
BRADFORD PUBLISHING CO., DENVER RECORD OF PROCEEDINGS
ORDINANCE.NO.
(Series of 1978)
AN ORDINANCE AMENDING SECTION 24-3.1(bb) OF THE
ASPEN MUNICIPAL CODE PROVIDING FOR A NEW
DEFINITION OF "COMMERCIAL BAKERY"
WHEREAS, the City Council of the City of Aspen desires
to amend Section 24-3.1(bb) of the Municipal Code for the
benefit of the City of Aspen,
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF
THE CITY OF ASPEN, COLORADO:
Section 1
That Section 24-3.1(bb) of the Municipal Code is hereby
repealed and reenacted to read as follows:
(bb) Commercial bakery: A bakery that is primarily
engaged in the wholesale production of baked
goods. A commercial bakery may engage in
limited retail over-the-counter sales of
baked goods provided:
(1) That said retail sales are ancillary
to the primary activity Of the commercial
bakery;
(2) That all goods sold are baked on the
premises;
(3) That all goods sold are packaged; and
(4) That no on -site consumption of baked
goods is permitted.
Section 2
If any provision of this ordinance or the application
thereof to any person or circumstance is held invalid, such
invalidity shall not affect other provisions or applications
of the ordinance which can be given effect without the invalid
provision or application, and to this end the provisions of
this ordinance are declared to be severable.
Section 3
A public hearing on the ordinance shall be held on
197E�, at 5:00 P."I. in the
City Council Chambers, Aspen City Hall, Aspen, Colorado,
M E M O R A N D U M
TO: Ron Stock, City Attorney
FROM: Richard Grice, Planning Office
RE: Previous applications for bakeries in the S/C/I Zone which were
denied
DATE: January 3, 1978
Ron I have researched the list of applications for bakeries in the S/C/I Zone
which were previously denied the right to have a retail outlet on site.
Tom Dunlop tells me that in October of '77, a company called Matfiilda's Hot
Bread Company of Georgia requested permission to manufacture bread products
in the S/C/I Zone and to sell those products on premises. The Building
Inspector denied them a business license under those conditions. Subsequently,
the owners of the business acquired additional space in the Brand Building
in the CC Zone and planned to do their retailing out of that location. This
involved a departure from the guidelines of the franchize in that bread pro-
ducts could not be transferred from the S/C/I Zone to the Brand Building with-
out first being placed in plastic bags. This was a sanitation requirement
made by Tom Dunlop. Furthermore, as they were displayed in the Brand Building
Tom required that they further be displayed in plastic bags. So, this company
required space in two locations as a result of the administration of the zone
by the building inspector.
The other bakery application which has been seen in recent years came from
a Mr. George Sells. Mr. Sells went to the planning and zoning commission and
to the City Council requesting that Commercial Bakery be added to the list
of permitted uses. Up until that time, bakeries were not an allowed use in
the S/C/I Zone at all. Knowing that retailing would be controversial with
regard to a bakery, Mr. Sells made this request with the understanding that
the bakery would be restricted to 95% wholesale and only 5% retail. This
application resulted in first the addition of commercial bakery as a permitted
use in the S/C/I Zone and second in the adoption of a definition of commercial
bakery which would prohibits retail.
The primary reason for the adoption of the definition of commercial bakery,
limited to wholesale only was concern over traffic generation.
sr