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HomeMy WebLinkAboutLand Use Case.CU.308 S Hunter St.A057-982737-182-25002 A57-98 Insubstantial Amendment Conditional Use 308 S. Hunter Street - Blue Maize C r a ov i7A V qwy w OZ�X., TL j rAnh, U "A OA WA P, 0, "" A 14 15 * uybj COMMUNITY DEVELOPMENT DEPARTMENT 130 South Galena Street Aspen, Colorado 81611 (970) 920-5090 City of Aspen Land Use: 1041 Deposit 1042 Flat Fee 1043 HPC 1046 Zoning and Sign Referral Fees: 1 163 City Engineer 1205 Environmental Health 1190 Housing Building Fees: 1071 Board of Appeals 1072 Building Permit 1073 Electrical Permit 1074 Energy Code Review 1075 Mechanical Permit 1076 Plan Check 1077 Plumbing Permit 1078 Reinspection Other Fees: 1006 Copy 1302 GIS Maps 1481 Housing Cash in Lieu 1383 Open Space Cash in Lieu 1384 Park Dedication 1468 Parking Cash in Lieu Performance Deposit 1268 Public Right-of-way 1164 School District Land Ded. TOTAL NAME: �1C J�"'� (tHO—E ADDRESS/PROJECT: PHONE:�J�._ CHECK# CASE/PERMIT#: # OF PIES: DATE: INITIAL: ___ PARCEL ID 2737-182-25002 DA, �RCV 7/16/98 # 1 CASE NO A057-98 CASE NAME Insubstantial Amendment Conditional Use PLNR: Mitch Haas PROJ ADDR: 308 S. Hunter St. CASE it Insubstantial Amendment Condition STEPSgill OW IA P Richard Chelec & T 308 S. Hunter C/S/Z: (Aspen, CO 81611 , k �iNc 925-6698 RE Richard Chelec & Thomas Box 8115 C/S/Z Aspen, CO 81 512 PHN 927-0398 FEES DUE. 450 450 TA } REFERRAL ..,H R . Approved MEMORANDUM APP13OVSD TO: Stan Clauson, Community Development Director JUL 2 4 199p FROM: Mitch Haas, PlannerW �l� C�D&EL0"! NTDIRECr� ASPEN RE: Blue Maize Restaurant (308 S. Hunter Street) -- Insubstantial Amendment to a Conditional Use Development Order. Parcel I.D. 2737-182-25002 DATE: July 21, 1998 SUMMARY: The proprietors of Blue Maize Restaurant would like to remodel their space by taking over some of the existing floor area of the adjacent business in order to make room for a bathroom. Their patrons must now go outside, downstairs, through the alley, and past the dumpsters to use the nearest available rest room. The restaurant space is very limited and does not contain enough room to simply place a rest room within the existing confines. In addition to adding a rest room, the proposed remodel would give Blue Maize access to the alley for deliveries, which now come in through the front door. The proposal would utilize the minimum space necessary to accomplish the goals of alley access and providing rest rooms. The remodel would also provide the restaurant with additional space for their customer seating area, but the applicant represents that the total amount of seating will still be within the maximum permitted (24 seats). Planning and Zoning Commission Resolution 90-5 approved restaurant use at the site in question and contains a condition stating that the allowable base line operation of the space is set at six (6) full time equivalent employees, twenty-four (24) customer seats, and 750 square feet. The condition goes on to state that "any upgrade in service e.g. number of employees or seats shall constitute a change to the conditional use and shall require an amendment to this conditional use approval." Thus, the applicant is requesting the above described amendment to the conditional use. DISCUSSION: Section 26.60.080 of the Land Use Code provides that "an insubstantial amendment to an approved development order for a conditional use may be authorized by the planning director," provided the proposed amendment is limited to changes in operation which meet the five (5) following standards. 1. The change will not cause negative impacts on pedestrian and vehicular traffic circulation, parking or noise; and STAFF RESPONSE: Remodeling by taking over some of the adjacent commercial space and adding a bathroom is not expected to negatively impact pedestrian or vehicular traffic circulation, parking or noise. In fact, the remodel will provide the restaurant will alley access, enabling deliveries and service vehicles to use the rear, instead of the side, alley. This should have positive impacts relative to vehicular circulation and noise. 2. The change will not substantially affect the tourist or local orientation of the conditional use; and RESPONSE: Whatever local orientation exists in the restaurant will be maintained. The ownership will also remain 100% local, and the restaurant will continue to be open for most of the off-seasons. 3. The change will not affect the character of the neighborhood in which the use is located; and RESPONSE: The remodel will have no affect on the character of the neighborhood. 4. The change will not increase the use's employee base or the retail square footage in the structure; and RESPONSE: The employee base of the restaurant will not be changed in any manner. The square footage of commercial uses in the building will not change either. Some of the space occupied by one business will be transferred to another business, but the overall retail square footage of the structure will remain constant. 5. The change will not substantially alter the external visual appearance of the building or its site. RESPONSE: The external visual appearance of the building and its site will not be altered in any way. Section 26.102.040(C), Commercial/Office GMQS Exemptions (Expansion of Commercial or Office Uses) Section 26.102.040(C) provides for a GMQS Exemption by the Community Development Director for the expansion of commercial uses in a building by not more than 250 net leasable square feet, if it is demonstrated that the expansion will have minimal impact upon the city. The cited section states that, A determination of minimal impact shall require a demonstration that a minimal number of additional employees will be generated by the expansion, and that employee housing will be provided for the additional employees generated; that a minimal amount of additional parking spaces will be demanded by the expansion and that parking will be provided; that there will be minimal visual impact on the neighborhood from the expansion; and that minimal demand will be placed on the city's public facilities from the expansion. 2 The proposed remodel would not result in any expansion of net leasable area. Rather, the remodel represents a transfer of existing net leasable area from one business to another. As explained in the staff responses to the Insubstantial Amendment review standards (above), no additional employees will be generated by the expansion and, thus, no housing mitigation is required. The original conditional use approval limited to the restaurant operation to no more than 24 customer seats (Resolution 90-5), and the applicant represents that the expansion will not result in more seating than is allowed. Since the employee base will not be increased and the amount of customer seating will remain at or below 24 seats, it can be surmised that there would be no additional demand for parking. In terms of the affects on the visual appearance of the structure and on public facilities, as mentioned above, there will be no change in the external appearance of the building and no additional demands placed on the existing infrastructure. Given the above provided analyses, staff recommends approval of the insubstantial amendment with conditions, and approval of the needed GMQS Exemption. RECOMMENDATION: Staff recommends that the Community Development Director approve: (1) a GMQS Exemption for the proposed expansion, pursuant to Section 26.102.040(C) of the Municipal Code; and (2) an Insubstantial Amendment to the approved development order for the conditional use, pursuant to Section 26.60.080 of the Land Use Code. Staff recommends that both of these approvals be granted subject to the following conditions: The terms and conditions of Planning and Zoning Commission Resolution 90-5 shall remain in full force and effect. 2. All material representations made by the applicant in this application shall be adhered to and shall be considered conditions of approval, unless otherwise amended by the Community Development Director, City Council or other board having the authority to do so. ATTACHMENTS: The Submitted Application Package APPROVED: 7- L Stan Clauson, Corhmunity Development Director Date • Blue Maize Restaurant Richard Chelec and Thomas Colosi, Owners 308 South Hunter, Aspen, Colorado (mailing: Box 8115, Aspen, CO 81612) work 925-6698, office 927-0398 July 15, 1998 Aspen/Pitkin Community Development Attn: Sarah Thomas and Mitchell Haas 130 South Galena Street Aspen, CO 81611-1975 RE: Insubstantial Amendment for Approved Conditional Use for Blue Maize restaurant. To the Planning Staff, This application is for the remodel of the Blue Maize restaurant which is located at 308 So. Hunter Street, Aspen, Colorado. The legal description being City and Town site of Aspen, Block 100, Lots A,B,C. I, Richard Chelec, am the applicant and the authorized representative. The building's owners are Gerald and Patricia Long. They are the sole owners and can be contacted at 7447 E. Sierra Vista Drive, Scottsdale, AZ 85250, (602) 596-9711. The purpose of the remodel is to build a bathroom inside the restaurant for its customers. Currently, the patrons must go outside and downstairs, then through the alley past dumpsters to use a restroom. As you can imagine, this is not an ideal situation, especially in the Winter. In order to build the restroom, the existing space needs to be expanded because there is only one place where a bathroom can be placed, which is in the adjacent space. The remodel will also give Blue Maize needed access to the back alley for deliveries. The remodel takes the minimum space needed. As requested, enclosed are drawings of the proposed remodel, a site map, and the resolution from December 4, 1990 for the conditional use approval of the space as a restaurant. We are requesting an amendment to condition #4 which states the base line operation cannot exceed 750 square feet. • The remodel meets all the standards required for an Insubstantial Amendment to Approved Conditional Use as follows: 1. The remodel will have no impacts on pedestrian and vehicular traffic or noise. 2. The remodel will not affect Blue Maize's patron base of locals and the ownership will remain 100% local. The restaurant will continue to be open during most of the off-seasons. 3. The remodel will not affect the character of the neighborhood. 4. The remodel will not increase the restaurant's employee base. The kitchen is not being altered. The square footage of the building will remain the same. 5. The remodel will not alter the external visual appearance of the building or its site. Please contact me if you have any questions regarding this application as soon as possible. Thank you for your time and—zegperation. G ' Richard elec INSUBSTANTIAL AMENDMENT TO APPROVED CONDITIONAL USE Application Package Contents Attached is a Development Application package for submission of your application. Included in this package are the following attachments: 1. Application Form 2. Description of Minimum Contents of Development Application 3. Description of Specific Contents for Submission of your Application 4. Copy of Review Standards for Your Application 5. Public Hearing Notice Requirements Summary 6. General Summary of Your Application Process Generally, to submit a complete application, you should fill in the application form and attach to it that written and mapped information identified in Attachments 2 and 3. Please note that all applications require responses to the review standards for that particular development type. The standards for your application are listed in Attachment 4. You can determine if your application requires that public notice be given by reviewing Attachment 5. Table 1 of that attachment will tell you whether or not your application requires notice and the form the notice should take. Your responsibilities in this regard are summarized in the cover explanation to the table. We strongly encourage all applicants to hold a pre -application conference with a Planning Office staff person so that the requirements for submitting a complete application can be fully described to you. Please also recognize that review of these materials does not substitute for a complete review of the Aspen Land Use Regulations. While this application package attempts to summarize the key provisions of the Code as they apply to your type of development, it cannot possibly replicate the detail or the scope of the Code. If you have questions which are not answered by the materials in this package, we suggest that you contact the staff member assigned to your case or consult the applicable sections of the Aspen Land Use Regulations. appcover -* AN -A" Y-( a/ -Y-f . IzIWATTAQ�NT 1 APPLICATION FORK 1) Project Name 2) Project Location C �4 .,X elt // (indicate street address, lot & block mmber, legal description wt1 appropri,: ;:e) 3) Present Zoning 4) Lot Size 5) Applicant's Name, Address & Pion # OqSP-6h, eo g 6) Representative's Name, Address & Phone # 7) 8) Type cf Application (please check all that apply): Conditional Use Special Review 8040 G eenline Stream Margin Mountain View Plane C ondom nit 7m i nation Conceptual SPA Final SPA Conceptual PUD Final PUD Subdivision Text/Map Amendment Final Historic Dev- Minor Historic D�-r- Historic Demolition Historic Designation ,lJo. .IWMUI rot SpLit/Lot Line C�26 Exe ticn/J Adjustment x e..J, HisX 4lS'-Q Des=ipticn of E i cti ng Uses (iamibc r and type of ex�m ems; approximate sq_ ft- ; numb*of bedrooms; any previous approvals granted to the PAY) - 9) Description of Development Applicati.cn fy 10) Have you attached the following?. Response to Attachme-nt 2, Minimum Si2=ission Contents Response to Attachment 3, Specific Subm ssion Contents Resportse to Attachment 4, Review Standards for Your Application ATTACHMENT 2 Minimum Submission Contents for All Development Applications All Development Applications shall include, at a minimum, the following information and materials. 1. The applicant's name, address and telephone number, contained within a letter signed by the applicant stating the name, address, and telephone number of the representative authorized to act on behalf of the applicant. 2. The street address and legal description of the parcel on which the development is proposed to occur. 3. A disclosure of ownership of the parcel on which the development is proposed to occur, consisting of a current certificate from a title insurance company, or attorney licensed to practice in the State of Colorado, listing the names of all owners of the property, and all mortgages, judgments, liens, easements, contracts and agreements affecting the parcel, and demonstrating the owner's right to apply for the Development Application. 4. An 8 1/2" x 11" vicinity map locating the subject parcel within the City of Aspen. 5. A written description of the proposal and an explanation in written, graphic or model form of how the proposed development complies with the review standards relevant to the Development Application. attach2.applications ATTACHMENT 3 Specific Submission Contents: Insubstantial Amendment or Exemption Approval By Planning Director The request for Planning Director approval of an Insubstantial Amendment or Exemption shall contain the following items: 1. A written description of the existing conditions on the property which are requested to be altered via the amendment or exemption. 2. Such site plan drawings or elevations as may be necessary to adequately evaluate the proposed amendment or exemption. 3. A listing of all previous development approvals granted to the property, with the approximate dates of said approvals. 4. A copy of any recorded document which affects the proposed development, including but not limited to recorded plats, agreements and deed restrictions. If changes are proposed to said recorded documents, these should be "red -lined" onto a copy of the original document. at3.insubstantial ATTACHMENT 4 Review Standards: Development Application for Insubstantial Amendment to Approved Conditional Use An insubstantial amendment to an approved development order for a conditional use may be authorized by the Planning Director. An insubstantial amendment shall be limited to changes in the operation of a conditional use which meet all of the following standards: 1. The change will not cause negative impacts on pedestrian and vehicular traffic circulation, parking or noise; and 2. The change will not substantially affect the tourist or local orientation of the conditional use; and 3. The change will not affect the character of the neighborhood in which the use is located; and 4. The change will not increase the use's employee base or the retail square footage in the str- ucture; and 5. The change will not substantially alter the external visual appearance of the building or its site. Attachment 6 General Summary of Consent Agenda/Staff Approval Application Process 1. Application Types: The following are the Development Applications which are processed as staff level approvals: * Exempt Historic Development * Exempt ESA Development * GMQS Exemption for remodeling or reconstruction, minor development to a historic landmark, development of a single family or duplex dwelling or minor expansion of a commercial or office use. * Minor Amendments to approved Conditional Use, Special Review, SPA, PUD, Subdivision or GMQS. 2. Development Review Procedure Summary: The zero step staff approval application process is shown in the attached figures and can be described as follows. Stage One: Attend pre -application conference. The purpose of this one-on-one meeting with staff is to determine whether your development proposal can be processed at the staff level and if so, to identify the materials staff will need to review your application. Stage Two: Submit development application. Based on your meeting with staff, you should respond to the appropriate portions of the application package and submit the requested number of copies of a complete application, with the appropriate processing fee, to the Planning Office. Stage Three: Determination of Completeness. Within five working days of the date of your submission, the application package will be reviewed by a member of the staff. You will be notified in writing of whether the application is complete or if additional materials are required at this time. Stage Four: Review of Development Application. Once your application is determined to be complete, it will be reviewed by the staff for compliance with the applicable standards of the Code. Within five working days, a memo will be written by the staff member for signature by the Planning Director. The memo will explain whether your application complies with the Code and will list any conditions which should apply if the application is to be approved. d RESOLUTION OF THE ASPEN P ING AND ZONING COMMISSION FOR THE APPROVAL OF THE SILVER CITY GRILL (308 SOUTH HUNTER STREET) AS A CONDITIONAL USE IN THE C-1 ZONE DISTRICT i Resolution No. 90--L- WHEREAS, the Planning and Zoning Commission held a public meeting December 4, 1990; and WHEREAS, a conditional use review is a public hearing; and WHEREAS, the Planning staff recommended approval of the conditional use with conditions; and WHEREAS, the Commission amended the recommendation to include the condition that the applicant's operations shall be reviewed on an annual basis to determine that the use has not changed or the number of full-time equivalent employees has not increased and to determine that they are in compliance with the representations; and WHEREAS, the Commission amended the recommendation to establish a baseline operation of 6 full-time equivalent employees. NOW, THEREFORE BE IT RESOLVED by the Commission that it does hereby approve the conditional use for the Silver City Grill with the following conditions: 1. Odor complaints shall require review and monitoring of the restaurant. Emission control devices may be required. 2. If the applicant were to change the proposed Flat -Griddle type of operation the installation would not be approved without the use of an alternate emission -control device. In addition the ventilation -system installation must meet the requirements of the 1988 Uniform Mechanical Code. 3. If the restaurant begins to employ more than 6 full-time equivalent employees then the applicant shall be required to mitigate the housing impacts. A cash -in -lieu payment of $35,000 per employee (or current amount as indexed by the Housing Authority) may be used or off -site housing may be purchased to mitigate the impacts. 4. This conditional use establishes a base line operation for this commercial space of 6 full-time equivalent employees, 24 customers seats and 750 square feet. Any 4grad in service e.g. number of employees or seats shall constitute a change to the conditional use and shall require an amendment to this conditional use approval. 5. A ear review of this operation shall be required to determine that the type of restaurant as presented has not changed, or the number of full-time equivalent employees has not increased. APPROVED by the Commission at its regular meeting on December 4, 1990. Attest: Jan Carney, Dep y City Clerk ljl/silver Planning and Zoning Commission: 'A Welton Anderson, Chairman �1/�S M l IJC T ���c. U 1 GC -Cd 1 �) P--v-&,) i • • ASPENUPMCIN CONMUNT TY DEVELOPM- E T DEPARTMENT Agreement for Payment of City of Aspen Development Application Fees (Please Print Clearly) CITY OF ASPEI T (hereinafter CITY} and (hereii�APPLIC.-'� AGE 3S MLA- 1. APPLICANT has submitted to CITY an ar_mlication for -(,hereinafter, THE PROJECT). ?. .PPLICANT undmstands and agrees that City of Aspen Ordinance No. 43 (Series of 1996) establishes a fee structure for !and use awiications and the payment of ail processing ees is a condition precedent to a dete.,ma nat on or application completeness. 3. APPLIC.IQNT and C= agree that because or the size. aature or scope or the proposed project it is not possible at -his time to ascertain :he full txzent or the costs involved n processing the application.:3PPLIC: INT and CITY `urther agree that it is in the interest of the ^arties to allow APPLIC�vT .o make payment or an mivai deposit and to thereafter permit a=uonai : osts to oe billed to APPLICANT on a monthly basis. APDT IC av T agrees :Ze viil oe oenented oy -etainina greater cash liquidity and will make additionai payments upon notification by the C: _ when hev are necessary as costs are inc•.iaed. CITY agrees it will be oenented :hrouQh the meter or recovering its hall costs to process A PIKIC.Iu= application. 4. CITY and APPLICA-N T zrrther agree that it is imnracticabie for CITY staff to co=iete processing or present sufficient information to the Planning Cmmission and/or City Councii to enabie the Planning Commission and/or City Council to make legally required i ndinss for project approval, unless current billings are oaid in full prior to decision. Thererore. 3PPLIC.a N+T fees that in consideration or :he CTY's waiver or its right to collect full fees prior to a determination of application completeness. APPLICANT shall pay an initial deposit in the amount of S!k� which is for 3 hours of Planning staff time, and if actual recorded costs exceed the initial deposit APPLIC.-NT shall pay additional monthly billings to CITY to reimburse the CITY for the processing of the application mentioned above, including post approval review. Such periodic payments shall be made within 30 days of the billing date. APPLICA� further agrees that failure to pay such accrued costs shall be grounds for suspension of processing. CITY OF ASPEN APPLIC kNT Signature: Stan auso Date: Community Development Director Printed Name: City of Aspen l�faiiing Address: ArracHmENr1 City of Aspen Development Application Fee Policy the City of Aspen, pursuant to Ordinance 43 (Series of 1996), has established a fee structure for the processing of land use a_ plicarions. A flat fee or deposit is collected for land use applications based on the type of application submitted. Referrai fees for other Citv departments reviewing the application will also be collected when necessary. One check including the deposit for Planning and referral agency fees must be submitted with each land use anniication. made payable to the Aspen/Pitkin Community Development Department. Applications will not be accev_ red for processing without the required application fee. A plat fee is collected by Planning for Staff Approvals whicu normaily ake a minimal and predictable amount of staffdme to process. The fee is not refundabie. A deposit is colleted by D1anning when more e:aensive start :eVie:v is required. as hours are !ikeiv to var 7 substantiailv tiom one appiication to another. Actual staff- me spent :viil be :.barged against the deposit. _meter he deposit has been ::tpended the appiicant will be billed monthiv based on actual staffhours. Currem billings must be paid within 30 days or processing of the application willbe suspended. Tf an armiicant has previously :ailed to oav armiication fees as reauiree,.. no new or additional appcations will be accepted for processing until the outstanding fees are paid In no case will Building Permits be issued until ail costs associated with case processing have been paid. Alter the dnai action on the project. anv remaining balance from .he deposit will be refunded to the applicant. Applications which require a deposit must include an Agreement =or aa=ent_,)f Deveio�;t Appiication Fees. The Agreement establishes the applicant as being responsible for payment of all costs associated with processing the application. The Agreement must be signed by the parry responsible for payment and submitted with the application in order for it to be accepted The complete fee schedule for land use applications is available at the Community Development Department Aq 5D vee--400r r&p-- W-Fye-'�' Pt coo � ci#ou"L-I oew�P� �.!0 3 '01 -7! *,- 1. • -'k I � G z F�.Evr fiiN t�t.s csF'�GG� G R - f'rV�E�i *v% D�Tti• �' I' I 0, v� I' FC i ( I Avpo'G "tsb# AA%W ' A.0 A- ( 6Ary�Roo�+ �F i xru P&S, Llel, N r; � f�DEO 3'c'eRAGC � i S PAS 1 P� 'y 0 s,w n 3 b -&L0" E f ZR`1 No cARWCoES �b To Top of Mountain and Sundeck A� ASPEN CHANCE TRAIL M Ute ASP OUNTAIN BIKE PATH Waters o tiTennis/ Silver Queen \z G FeetG� Lift Tickets Gondola Rides Dean Bridge Silver Circle Ice ATM Rink© a MAP SPONSORS - details on reverse side! 1. THE ASPEN STORE - 435 E. Main St. - 920-2370 2. FUNKY MOCNTAIN THREADS - 520 E. Durant St. (downstairs) - 9254665 3. N Evv' l ORC PIZZA - 409 E. Hyman Ave. (upstairs) - 920-3088 4. C.B. PANS - 420 E. Hyman Ave. - 925-5848 5. V1"AGAR ASSOCIATES - 601 E. Hyman Ave., Ste. #104- 920-3131 6. PLANET HOLL% N%OOD - 312 S. Galena St. - 920-7817 7. FOX PHOI O - 400 E. Hopkins St. - 925-8727 8. NIIRABELLA RESTAURANT - 216 S. Monarch St. - 920-2555 9. ORTHOPAEDIC ASSOCIATES - 100 E. Main St. - 9254141 10. ALP VIDEO - 465 N. Mill St: 92540" 11. ROARING FORK TRANSIT AGEN( ) - Rubev Park Transportation Ctr - 925-8484 12. CAFFE AMIC1 - 525 E. Cooper Ave: 925-6162 13. HOTEL D1 RANT - 122 E. Durant St. - 925-8500 14. L'AUBERGE D'ASPEN - 435 W. Main St. - 925-8297 ` Durant `Phone .._ • 2 Dltrant FUNKY MOUNTAIN THREADS 1 r Liquor o 11 Rubev Park Bus Center ROARING FORK TRANSIT AGENCY c n Grocery/ L L ATM GAFFE AMICI :. 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College • James E. • Moore ■ Pool a. w as Y ° mg oc � © 2 y U C Hospital 0 BUTTERMILK 1 Pet Aspen Golf r HWY 82 To: Course 11 M100111- Airport & Aspen Airport Business Center (3 mi) Snowmass Village Ski Area (14 mi) t z Basalt (20 mi), El Jebel (23 mi) ^ Carbondale (30 mi) Glenwood Springs (40 mil Denver (204 mi - 3% hrs via I-70 East) Physics tInstit ute 1 H L w i¢ Aspen y� �esQ 'Music Meadows o Ci Tent Tennis 4. Harris Concert Court ^ 'n institute it Aspen Meadows NUN RIO GRANDE TRAIL TO WOODY CREEK