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HomeMy WebLinkAboutLand Use Case.CU.307 S Spring St.1982-CU-1BERNARD, KEN I y�-i $. 5 m'''iC't r FRO *E DESK OF 46 JACK S. CRANDALL. M. D. BOX 1066 ASPEN, COLORADO 81611 FRO* DESK OF JACK S. CRANDALL, M. D. BOX 1066 ASPEN, COLORADO 81611 TELEPHONE925.3071 =MMWIAW-I� March 15, 1982 Aspen Planning and Zoning Commission 130 South Galena Street Aspen, Colorado 81611 Stephen Straight, President Aspen Chamber of Commerce 303 Main Street Aspen, Colorado 81611 Re: Restaurant as a Conditional Use in Old Post Office Building Dear Aspen Planning and Zoning, On behalf of the Chamber of Commerce, I write this letter to give my support to the concept of a Japanese style steak house. As you are aware, it is important for Aspen to update its facilities to provide both the local and tourists alike with a first class experience in Aspen. We feel a new Japanese style restaurant would be an asset to the community and we support it. The number one goal of the Aspen Chamber. of Commerce is to upgrade the quality of the Aspen experience and this proposed restaurant is keeping with that goal. It is my understanding the new restaurant is being organized and planned by Ken Bernard, a local restauranteur who has had a good track record here in town for some time. Because of his experience and his knowledge of the needs and standards of the community, the restaurant should be able to make an effective contribution and be a benefit to the community from its inception; and, therefore all impacts will be positive. Thank you for your consideration. Very truly yours, Stephen Straight, Pres nt Aspen Chamber of Commerce • 0 ALAN J. GOLDSTEIN 571 LYELL AVENUE ROCHESTER, NEW YORK 14606 March 11, 1982 Aspen Planning & Zoning Commission Aspen, Colorado 81611 Dear Commission: As an owner of the Hannah Dustin Building, I would like to see the Japanese Restaurant use of the old post office building approved because it would satisfy the need in Aspen by both the local residents and tourists for a reasonably -priced eating establishment. Sincerely, Alan J. Go /dstein March 16, 1982 Aspen Planning % City Hall Aspen, Co 81611 and Zoning Commission To Whom it may Concern; I have rented office space and conducted my business across the street from the old post office for the past ten years. I highly support a restaurant in that location as opposed to the post office or any other comparable daytime use. Park- ing in the area is a problem in the daytime, not in the even- ing. I think the type of restaurant that is proposed there will be an asset to the community and will not be a burden to the tenants in that area. I unfortunately will not be able to attend the meeting, but wanted you to know that this pro- posed use has my support and I feel it is compatable with this neighborhood. Sinc ly, L B rry Lefkowitz President Aspen Ski Tours r y O w 9 co a m D m r D G) m z C z n TO: Planning and Zoning Regarding the application by Ken Bernard for the issuance of -permission to open a Japanese restaurant in the old post office buildinq, please be advised that i have been a resident in the City of Aspen for approximately 15 years and also the previous owner of the Hickory House Restaurant. I am in full support of the same and think it will add qreatly to the charisma and dining pleasure of both locals and tourists alike. very truly yours, March 16, 1982 Aspen Planning & Zoning Commission City of Aspen 130 S. Galena Aspen, CO 81611 'I Re: Old Post Office Building Gentlemen: As managers of the 620 g Hyman Building, Y g, we are parry, lute familiar with the old Post Spring Street and feel Office Building on that a high quality restaurant, such as the Japanese -style restaurant proposed, is compatible with the Cl zoning and the adjacent uses. The site is surrounded on three sides by commercial uses and since the closing of the old Post Office, there has been a very noticeable drop in pedestrian and other traffic in the area. A high quality restaurant would attract back some of that pedestrian traffic and be supportive of the neighbouring commercial businesses. Our support of this particular restaurant does not imply our support for all restaurant uses. We would not support any kind of night club use nor any restaurant that was not of a high quality. We would therefore urge you to approve the request for a conditional use permit for the Japanese -style restaurant proposed for the old Post Office building as being consistent with the local zoning and adjacent uses and supportive of the area. Sincerely kL' Andrew Dracopoli 620 East Hyman Avenue • Aspen, Colorado 81611 . Telephone: (303) 925-2122 W 0 0 WILLIAM C. KING GUIX BUILDING PITTSBURGH, PA. 15230 Planning Office - City of Aspen 130 S. Galena Street Aspen, CO 81611 Dear Sirs: I i �qq�� - r I MAR 15 1989 ASPEN / PITKIN CO. RLAMING OFFICE_ March 8, 1982 I have just received a notice of a public hearing to be held on March 16, 1982, before the Planning and Zoning Commission to discuss a proposed restaurant in the Old Post Office on Spring Street. I am an owner of a condominium in the building, Chateau Aspen, which is immediately adjacent to the Post Office. I am also the President of the Owners Association. When this meeting was scheduled for an earlier date, I sent you a letter in which we formally and specifically requested that approval not be given to convert the Post Office to a restaurant. The two overiding reasons are: 1. That a restaurant must necessarily be accompanied by considerable noise and commotion of guests coming and going, of help coming and going, of delivery trucks, service vehicles, etc. The resulting noise and confusion would significantly and seriously jeopardize both the value of the property owned by the owners of the Chateau Aspen Condominiums, and the attractiveness of these properties as rental units. As you know, the town of Aspen has a limited number of quality rental units, and to jeopar- dize the attractiveness and value of these is certainly not in the interests of the community as a whole. 2 - 2. The Post Office is separated from Chateau Aspen by an alley, the south side of which is the only private parking available to the occupants of Chateau Aspen. With a restaurant in the Post Office, the worst possible situaton is created for guests of the restaurant to use these parking spaces -- even though they are posted as private property. To police such a situation is completely impractical. There is probably no kind of commercial activity which would cause a more serious parking problem than a restaurant. In addition, I want to stress that the front entrance of some of the apartments in Chateau Aspen face directly on to the alley and to the Post Office. Accordingly, any congestion or any use of the alley for the service needs of the restaurant would pose a strong serious economic burden on those property owners. I am certain that with space as limited as it is in the City of Aspen, and with as many diverse needs as there are, a much more acceptable and less disruptive use can be found for the Post Office than in converting it to a restaurant. We again formally and sincerely request that the application be denied for permission to operate a restaurant in the Post Office. Sincere y,yours, Wm. C. King WCK:mmk CJ MEMORANDUM TO: Aspen Planning & Zoning Commission FROM: Alice Davis, Planning Office RE: Old Post Office Building - Restaurant as a Conditional Use DATE: March 11, 1982 Location: Old Post Office Building; 307 S. Spring at Hyman Ave. Lot Size: 9,000 sq. ft. Zoning: C-1 Applicant's Request: The applicant is requesting approval for a restaurant as a conditional use in the C-1 zone district. The restaurant pro- posed is a Japanese style steak house to be located in the Old Post Office Building at 307 S. Spring Street. This request is made under Ordinance 9, series of 1981 which allows restaurants as a conditional use in the C -1 zone district. Planning Office Review: Ordinance 9, series of 1981 allowing restaurants as a conditional use in the C-1 zone district did not attach specific review criteria to this conditional use. Therefore, its review is based solely on Section 24-3.3 of the Code, "Grant of conditional use". This section provides the following three criteria for de- termining the suitability of a conditional use: 1. Does the proposed use comply with all the re- quirements of the zoning code? 2. Is the use consistent with the objectives and purposes of the zoning code? 3. Is the use compatible with surrounding land use? In considering the above criteria, several concerns arise regarding this application. The first issue con- cerning compliance with the zoning code is whether or not the commercial use of the building requires an allotment under the GMP. The Planning Office, supported by all major land use texts, considers a Post Office to be an "Institutional" use as opposed to a commercial use and therefore feels that the conversion of the Old Post Office to a restaurant should require the receipt of a development allotment. The conversion of the space to a restaurant use could create substantial impacts on the community unless mitigated by GMP review. However, the section of the GMP concerning the reconstruction of space outside of the GMP (24-11.2(a)) admittedly is not explicit as regards review criteria and procedures. Therefore, since there are several "grey areas" as to whether or not this application represents a conver- sion (i.e., its temporary use for the theater and thrift shop and whether or not a Post Office is a commercial or institutional use), 4he Planning Office wishes at this time to simply place on the record our concern about the conversion issue and our intention to return to you with clarifications of this portion of the Code. A second concern arising from this request relates to the second criteria - whether a restaurant is consistent with the objectives and purposes of the C-1 zone district. The intention of the C-1 district is "to provide for Old Post Office - 9staurant as a Conditionallee Page Three March 11, 1982 compete for commercial space under the CVP) and that it may not be compatible with the surrounding land uses (parking and noise problems are objectional to neighboring res- idents). Even though the restaurant as currently proposed may not create substantial impacts on the surrounding land uses, the restaurant may change its orientation in the future to a restaurant use which is less desirable. The approval of this restaurant may also set a precedent by which, in the future, a restau- rant which is clearly tourist oriented can be located in this building. Therefore, the Planning Office recommends that the applicant's request for a restau- rant as a conditional use in the Old Post Office build- ing be denied. The Planning Office also recommends that if the P & Z feels this restaurant use is an appropriate conditional use in the C-1 zone district, that sufficient conditions be placed on the approval in order to insure that the restaurant is maintained as the local operation proposed and not modified in any way to insure the proposed restaurant is maintained.. Conditional use approval, if desired, should be subject, at a minimum, to conditions regarding bar operations, hours of operation and seating capacity. Old Post Office - Restaurant as a Conditionalqsle Page Two March 11, 1982 the establishment of commercial uses which are not pri- marily oriented toward serving the tourist population". The applicant states that the menu of the proposed restaurant will be affordable to locals and that it will be open year-round to serve local residents. The appli- cant also owns the Aspen Mine Company which has an estab- lished local patronage. The Planning Office feels that even if the restaurant opens as a local oriented estab- lishment, the main concern is that it be continued as such. It is difficult to require a restaurant to remain locally oriented, especially since "locally oriented" is a term which is difficult to define. Conditions may, however, be tied to the conditional use approval of this proposal which specify exactly what type of use is being approved. Any modification from this approved use would require additional conditional use approval from P & Z and the City Council. A final concern in evaluating this proposal as a condi- tional use is whether the restaurant is compatible with the surrounding area. The Planning Office, in reviewing the compatibility, feels that two issues are of primary concern - parking and noise. The president of the Chateau Aspen Condominiums, located next door to the Old Post Office, has expressed concern that the restaurant not be allowed due to parking problems and potential noise, traffic and debris. Several other residents have expressed similar concerns. The applicant is providing 15 parking spaces available for restaurant patrons even though the C-1 zone district does not require parking. This should substantially reduce any traffic and parking impacts created by the restaurant. Daytime use of the restaurant will probably be less than the use of the Old Post Office as the bulk of the restaurant business will be done during the evenings. Parking is more adequate in the evening as the establishment will not be competing with daytime busi- nesses for parking spaces. The noise that may potentially be generated by the pro- posed restaurant is also of concern. Initially, the Japanese Steak House will only operate from 5:30 PM to 10:00 PM. Lunch and breakfast may be a future possibility. The applicant has proposed a waiting area/lounge to pre- vent any overflow of customers to outside areas. With a 10:00 PM closing time, the proposed lounge appears to be a support facility to the restaurant and not a major bar which could potentially be a significant noise generator. Again, the Planning Office's major concern is for what the restaurant may evolve into or change to over time. The hours of operation may be another possible condition of approval in order to prevent the expansion of the bar. Referral Comments: The Environmental Health Department and the City Attorney have no problems with the application at this time. The Engineering Department feels that, due to the large size of the Old Post Office building, information should be obtained regarding the proposed size and seating capacity of the restaurant as the size affects the degree of potential impacts including parking and noise impacts. Planning Office Recommen- dation: Based on the above discussion, the Planning Office finds that there is reason to question whether the proposal conplies with the requirements of the zoning code (concerning whether it should No. CASELOAD SUMMARY SHEET City of Aspen3��5/�� 1. DATE CERTIFIED COMPLETE: off%/ 7�� a STAFF: 2. APPLICANT: Kew 1�e.r 0(Xlea 3. REPRESENTATIVE: �Je&A l a.Af M aAAU 141, /%1�/� LY, , &?W 4. PROJECT NAME: 5. LOCATION: 6. TYPE OF APPLICATION: 4 Step: GMP ( ) Subdivision 2 Step: Subdivision Exception ( ) GMP Exception ( ) Rezoning ( ) SPA 1 Step: Use Determination -X—Conditional Use Special Review HPC No. of Steps: Other: 7. REFERRALS _Attorney Sanitation District Engineering Dept. Mountain Bell Housing Parks Water Holy Cross Electric City Electric Fire Marshal/Building Dept. 8. DISPOSITION. Q-�O (JK,,,, School District Rocky Mtn. Nat. Gas State Highway Dept. ---Fire Chief _Other Fn,_: FfrctiIf% P & Z ✓ Approved- 1 Denied Date 3 ) 1!,)Y'-) 411 C eVo 6 iu rnc, 4 bt I i cm 14-rid 4,n 13 (0 P&t)PI K- . pel�uti�iP.S SYIU�k p°� nL:� �a -(ram -Fh2 c�dle o� the • side a -Shed 0f 4-hv • 5� ru rE V-ra A-f -f K-z t • ,col i L erL, A I A /-A I-)C i r, Pr t Council ,L./i, 1 Approved Denied Date 9. PRELIMINARY PLAT REFERRALS: Attorney Sanitation District Engineering Dept. Mountain Bell Housing Parks Water Holy Cross Electric City Electric Fire Marshal/Building.Dept. 10. PRELIMINARY PLAT - PUBLIC HEARING P & Z Approved Denied Date c ion dU.6 School District Rocky Mtn. Nat. Gas State Highway Dept. Other 11. FINAL PLAT Council Approved Denied Date 12. ROUTING: Attorney Building Engineering Other N QC4,_- MEMORANDUM TO: Aspen Planning & Zoning Commission FROM: Alice Davis, Planning Office RE: Old Post Office Building - Restaurant as a Conditional Use DATE: March 11, 1982 Location: Old Post Office Building; 307 S. Spring at Hyman Ave. Lot Si?e: Zoning: Applicant's Request: Planning Office Review: 9,000 sq. ft. C-1 TIYe applicant is requesting approval for a restaurant as a conditional use in the C-1 zone district. The restaurant pro- posed is a Japanese style steak house to be located in the Old Post Office Building at 307 S. Spring Street. This request is made under Ordinance 9, series of 1981 which allows restaurants as a conditional use in the C -1 zone district. Ordinance 9, series of 1981 allowing restaurants as a conditional use in the C-1 zone district did not attach specific review criteria to this conditional use. Therefore, its review is based solely on Section 24-3.3 of the Code, "Grant of conditional use". This section provides the following three criteria for de- termining the suitability of a conditional use: 1. Does the proposed use comply with all the re- quirements of the zoning code? 2. Is the use consistent with the objectives and purposes of the zoning code? 3. Is the use compatible with surrounding land use? In considering the above criteria, several concerns arise regarding this application. The first issue con- cerning compliance with the zoning code is whether or not the commercial use of the building requires an allotment under the GMP. The Planning Office, supported by all major land use texts, considers a Post Office to be an "Institutional" use as opposed to a commercial use and therefore feels that the conversion of the Old Post Office to a restaurant should require the receipt of a development allotment. The conversion of the space to a restaurant use could create substantial impacts on the community unless mitigated by GMP review. However, the section of the GMP concerning the reconstruction: of space outside of the GMP (24-11.2(a)) admittedly is not explicit as regards review criteria and procedures. Therefore, since there are several "grey areas" as to whether or not this application represents a conver- sion (i.e., its temporary use for the theater and thrift shop -and whether or not a Post Office is a commercial or institutional use). The Planning Office wishes at this time to simply place on the record our concern about the conversion issue and our.intention to return to you with clarifications of this portion of the Code. A second concern arising from this request relates to the second criteria - wheLhPI: a restaurant is consistent with the objectives anci purposes of the C-1 zone cli strict. The intent -ion of the C-1 district is "to r1 ovide for r Old Post Office - Restaurant as a Conditional Use Page Two March 11, 1982 the establishment of commercial uses which are -not pri- marily oriented toward serving the tourist population". The applicant states that the menu of the proposed restaurant will be affordable to locals and that it will be open year-round to serve local residents. The appli- cant also owns the Aspen Mine Company which has an estab- lished local patronage. The Planning Office feels that even if the restaurant opens as a local oriented estab- lishment, the main concern is that it be continued as such. It is difficult to require a restaurant to remain locally oriented, especially since "locally oriented" is a term which is difficult to define. Conditions may, however, be tied to the conditional use approval of this proposal which specify exactly what type of use is being approved. Any modification from this approved use would require additional conditional use approval from P & Z and the City Council. A final concern in evaluating this proposal as a condi- tional use is whether the restaurant is compatible with the surrounding area. The Planning Office, in reviewing the compatibility, feels that two issues are of primary concern - parking and noise. The president of the Chateau Aspen Condominiums, located next door to the Old Post Office, has expressed concern that the restaurant not be allowed due to parking problems and potential noise, traffic and debris. Several other residents have expressed similar concerns. The applicant is providing 15 parking spaces available for restaurant patrons even though the C-1 zone district does not require parking. This should substantially reduce any traffic and parking impacts created by the restaurant. Daytime use of the restaurant will probably be less than the use of the Old Post Office as the bulk of the restaurant business will be done during the evenings. Parking is more adequate in the evening as the establishment will not be competing with daytime busi- nesses for parking spaces. The noise that may potentially be generated by the pro- posed restaurant is also of concern. Initially, the Japanese Steak House will only operate from 5:30 PM to 10:00 PM. Lunch andibreakfast may be a future possibility. The applicant has proposed a waiting area/lounge to pre- vent any overflow of customers to outside areas. With a 10:00 PM closing time, the proposed lounge appears to be a support facility to the restaurant and not a major bar which could potentially be a significant noise generator. Again, the Planning Office's major concern is for what the restaurant may evolve into or change to over time. The hours of operation may be another possible condition of approval in order to prevent the expansion of the bar. Referral Comments: The Environmental Health Department and the City Attorney have no problems with the application at this time. The Engineering Department feels that, due to the large size of the Old Post Office building, information should be obtained regarding the proposed size and seating capacity of the restaurant as the size affects the degree of potential impacts including parking and noise impacts. Planning Office Recommen- dation: Based on the above discussion, the Planning Office finds that there is reason to question whether the proposal complies with the requirements of the zoning code (concerning whet1ior it should Old Post Oitice Page Three March 11, 1982 - Restaurant as a Cond.i tionai U_,c compete for coi morcial space under the QIP) and that it tray not be compatible with the surrounding land uses (parking and noise problems are objectional to neighboring res- idents). Even though the restaurant as currently proposed may not create substantial impacts on the surrounding land uses, the restaurant may change its orientation in the future to a restaurant use which is less desirable. The approval of this restaurant may also set a precedent by which, in the future, a restau- rant which is clearly tourist oriented can be located in this building. Therefore, the Planning Office recommends that the applicant's request for a restau- rant as a conditional us.e in the Old Post Office build- ing be denied. The Planning Office also recommends that if the P & Z feels this restaurant use is an appropriate conditional use in the C-1 zone district, that sufficient conditions be placed on the approval in order to insure that the restaurant is maintained as the local operation proposed and not modified in any way to insure the proposed restaurant is maintained, Conditional use approval, if desired, should be subject, at a minimum, to conditions regarding bar operations, hours of operation and seating capacity. TO: Aspen Planning and Zoning Commission Aspen, Colorado RE: Bernard Conditional Use - Restaurant Old Post Office Building DATE: March 10, 1982 We the undersigned, as owners of property surrounding the Old Post Office Building located at Spring and Hyman St., Aspen, Colorado, hereby state that we are opposed to the use of this structure as a restaurant as proposed by the current applicant. We feel that the use of this site would be incompatible with the intent of the C-1 district; that is, to act as a buffer -zone between the Commerical Core and surrounding Districts as set forth in the Zoning Code adopted by the City of Aspen. The C-1 zone was intended to serve the populace and not primarily the tourist trade. We question the applicant's contention that this restaurant will serve primarily locals, as we see no way this will be enforced and even if a "locals restaurant" were established in this location it would set a precedent, by which, in the future, a restaurant which is clearly tourist -oriented could be located in the structure. Further, it is believed, that the inherent noise, parking and other undesirable elements generated by a restaurant operation would be incompatible with the area. Considering all of the above we strongly urge you to deny the applicant's conditional use request for a restaurant in this Old Post Office Building. NAME PROPERTY ADDRESS MAILING ADDRESS PHONE NUMBER TO: Aspen Planning and Zoning Commission Aspen, Colorado RE: Bernard Conditional Use - Restaurant Old Post Office Building DATE: March 10, 1982 We the undersigned, as owners of property surrounding the Old Post Office Building located at Spring and Hyman St., Aspen, Colorado, hereby state that we are opposed to the use of this structure as a restaurant as proposed by the current applicant. We feel that the use of this site would be incompatible with the intent of the C-1 district; that is, to act as a buffer -zone between the Commerical Core and surrounding Districts as set forth in the Zoning Code adopted by the City of Aspen. The C-1 zone was intended to serve the populace and npt primarily the tourist trade. We question the applicant "s contention that this restaurant will serve primarily locals, as we see no way this will be enforced and even if a "locals restaurant" were established in this location it would set a precedent, by which, in the future, a restaurant which is clearly tourist -oriented could be located in the structure. Further, it is believed, that the inherent noise, parking and other undesirable elements generated by'a restaurant operation would be incompatible with the area. Considering all of the above we strongly urge you to deny the applicant's conditional use request for a restaurant in this Old Post Office Building. NAME PROPERTY ADDRESS MAILING ADDRESS PHONE NUMBER U Aspen Chateaux Company Chateaux Management Office • Box 4420 Aspen, Colo. 81611 Phone 303/925.1100 William L. Wallen, President March 3, 1982 Dear Chateau Aspen Owner: The enclosed public notice was received in Aspen on March 2, 1982 and it looks like they are again trying to rezone the Old Post Office building for restaurant use. The last request for a zoning change was withdrawn at the time of the scheduled rezoning meeting when our opposition was made known. I still feel that it would be to our best interests to oppose the zoning change for the following reasons as stated before: 1. We have very limited parking under the overhang in the alley between our building and the old post office which we control as private parking by means of Parking Permit signs given out by the Aspen Chateaux office. I believe it would be almost impossible to keep the patrons -of a restaurant from usurping our private parking areas. A full time guard would be one way, of course, but that would be very expensive for us. If the owners of the restaurant could somehow guarantee that their patrons would not use our parking area, I would withdraw this objection. 2. The type of restaurant put in might create noise and disturbances that we would not like to have in our area. For example, a drive in type operation would cause added cars, noise, traffic, debris, etc., into the late hours, thus disturbing our guests. Also, we have no assurance that a "Night Club" type restaurant might not be put in. If so, the noise of bands blaring, or records playing could also create a problem for our guests. Please call me, or Harry Stebner at the Aspen Chateaux Office and let us know how you feel about this in time for us to take some action, including legal, if necessary. Sincerely, 4l� 5. By direction o lliam King, President Chateaux Aspen Condominium Association HS/kem Central Reservation Office • 899 Skokie Blvd.. Suite 520 • Northbrook, IL 60062 Phone 312/498-6250 Nk'. A. Brown, Jr., Vice President and }carry A. Stebner, Brokers Development, Rental and Management of Aspen's Finest Apartments Since 1966 • March 1, 1982 Nielson 3266 Vandenberg Circle Cassiwell AFB, Texas 76127 Mr. Harry Stebner Aspen Chateaux Management Office 731 East Durant Street Aspen, Colorado 81611 Dear Harry: _ Reference the application to change/waive the zoning for the old Post Office to use it as a reference. We are strongly opposed to such a plan. Mr. King cited several facets of the problem. To expand upon his second point, I would add that even if a quiet restaurant were put in initially, there would be no assurance that later on a more raucous bar would not be added to replace the first business. Our hometown, Alexandria, Virginia, is very similar to Aspen and lads recently expanded the restaurant/bar business area. There are continual problems and complaints from the city residents. In sum, we should definately have representation at the meeting. If it is a decision meeting, we should be able to defend our position legally. If it is a hearing, we should at least have a spokesman. Sincerely, <a�and Carol 1 elson 'C'--- SN/kem ti � Chateaux Company�lsp�en Chateaux Management Office • Box 4420 • Aspen, Colo. 81611 • Phone 303/925-1100 William L. Wallen, President Xesident Aspen Owner: ublic notice was received by me in Aspen on Sept. 22, 1981. f your Condo Assn., I feel it would be to our best interests proposed change in zoning for the following reasons: 1. We have very limited parking under the overhang in the alley between our building and the old post office which we control as private parking by means of Parking Permit signs given out by the Aspen Chateaux office. I believe it would be almost impossible to keen the patrons of a restaurant from usurping our private parking areas. A full time gaurd would be one wav, of course, but that would be very expensive for us. If the owners of the reataurant could somehow gaurantee that their patrons would not use our parking area, I would withdraw this objection. 2. The type of restaurant put in might create noise and disturbances that we would not like to have in our area. For example, a drive in type operation would cause added cars, noise, traffic, debris etc. into the late hours, thus disturbing our guests. Also, we have no assurance at a "Night Club" type restaurant might not be put in. If so, the not of bands blaring, or records playing could also create a problem for ou uests. Please call me, or rry Stebner at the Asgen Chateaux Office and let us know how you feel abo this in time for us to take some action, including legal, if necessary. tolZi/ j,/ Snicerel c� Willi m King, Presiden Chateaux Aspen Condo um kf enc Assocation 1. l LL— 4J Central Reservation Office - 899 Skokie Blvd., Suite 520 • Northbrook, IL 60062 - Phone 31 2,'498-6250 R'..A. Brow,n, Jr., Vice President and Harry A. Stebner, Brokers Development, Rental and 1lanagement of Aspen's Finest .Apartments Since 1966 %14 R11 r PUBLIC NOTICE RE: Ken Bernard - Conditional Use NOTICE IS HEREBY GIVEN that a public hearing will be held before the Aspen Planning and Zoning Commission on Tuesday, March 16, 1982 at a meeting to begin at 5:00 P.M. in the City Council Chambers, City Hall, 130 S. Galena, Aspen, to consider an application submitted by Ken Bernard requesting a Conditional Use Review for a restaurant in the C-1 zone. The location proposed is the old Post Office on Spring Street in Aspen. For further information, contact the Planning Office, 130 S. Galena, Aspen, 925-2020, ext. 227. s/ Olof Hedstrom Chairman, Aspen Planning and Zoning Commission Published in the Aspen Times on February 25, 1982 City of Aspen Account CERTIFICATE OF MAILING I hereby certify that on true and correct copy of the Conditional Use was deposited addressed to the following: See attached list. this twenty-first day of September, 1981, a notice of Public Hearing regarding Davis - into the United States mails, postage prepaid, and i 9 t IP,r. To Dote Time WHILE YOU WERE OUT Of / L Phone C Area Code Number Extension TELEPHONED PLEASE CALL CALLED TO SEE YOU WILL CALL AGAIN WANTS TO SEE YOU URGENT RETURNED YOUR CALL Message Operator QUILL CORPORATION re -order no. 5-5725 50 sheets 100 S. Scheller Road • Lincolnshire, III. 60069 • (312) 634-4800 1 F, To Date a -Time- WHILE YOU WERE OUT of Phone Area Code Number Extension TELEPHONED PLEASE CALL CALLED TO SEE YOU WILL CALL AGAIN WANTS TO SEE YOU URGENT RETURNED YOUR CALL Message DU cS a'C/ _0- � r r Operat reorder no. S-5725 50 sheets QUILL CORPORATION • 3200 Arnold Lane, Northbrook. 111. 60062 • (3M 49M70 9 • CITY OF ASPEN 130 south galena street aspen, colorado 81611 303-925 -2020 MEMORANDUM DATE: March 8, 1982 TO: Alice Davis FROM: Gary Esaryi - RE: Ken Bernard - Conditional Use No comment at this time. Of course, the granting of a conditional use is a factual determination to be made by the P&Z upon recommendation by the Planning Office. GSE:mc +ASPEN*PITKIN • ENVIRONMENTAL HEALTH DEPARTMENT MEMORANDUM TO: Alice Davis, Planning Office FROM: Lee E. Cassin, Environmental Health OfficerC DATE: 2/22/82 RE: Ken Bernard - Conditional Use This office has reviewed the Conditional Use application by Ken Bernard for a restaurant in the "old" Post Office. We have the following comments: Water and Sewer Svstems This establishment will use City water and be connected to the Aspen Metro Sanitation District so it will comply with department regulations concerning water and sewer systems. Air Pollution While no plans have been received by this office, we assume that a flat-topped cooking surface will be used. We have no objections to such a surface, or to a V-shaped griddle but would object to a open -flame cooking process or to use of a non V-shaped charbroiling grill. Further, we would ask that this establishment comply with the County fireplace ordinance if a fireplace is installed. Noise A condition of approval should be that no adverse noise impacts occur over what existed with the most recent use. If amplified music is ever installed, the operator must be aware of the City noise ordinance and insulation of the building for noise abatement would be necessary. Tra-_h All trash must be handled according to the City trash ordinance, with pickup done by the operators themselves or by a trash service, such as the existing one. The operator will be responsible for picking up any trash which spills from dumpsters or trash trucks or otherwise accumulates on the premises. 130 South Galena Street Aspen, Colorado 81611 303/925-2020 Page 2 February 22, 1982 Ken Bernard - Conditional Use Complete plans must be submitted to this office for any changes made in the building as well as any equipment for which purchase is anticipated. Should you have further questions, please feel free to call me. LEC/co • MEMORANDUM TO: Alice Davis, Planning Office FROM: Jay Hammond, Engineering Office DATE: March 10, 1982 RE: Ken Bernard (Old Post Office) Conditional Use -------------------------------------------------------------- Having reviewed the above application and made a site inspection, the Engineering Department has the following comments: 1. The old Post Office represents a very large space for possible use as a restaurant. This, in combination with the two existing conditional use restaurants immediately across Hyman Street, could create significant parking and pedestrian impacts on the area. The applicant should, at the very least, be required to utilize existing on -site parking for customer use. 2. We would appreciate further information regarding the proposed size and seating capacity of the restaurant. JH/co • ASPEN / PITKIN CO. PLANNING OFFICE March 15, 1982 Box 321 Aspen, Color. do 81612 City of Aspen Planning Department As-nen, Colorado 81611 Dep.r ia`embers: Regarding the proposed restaurant use in the old Post Office building, I, as the adjacent property owner wish to go on record in support of this use. Thank you for your consideration. Sincerely,, Don Lemos • • MEMORANDUM TO: "Paul Taddune, City Attorney City Engineering Department Herb Paddock, Fire Marshal/Building Department Tom Dunlop, Environmental Health Department FROM: Alice Davis, Planning Office RE: Ken Bernard - Conditional Use DATE: February 17, 1982 Ken Bernard has submitted a Conditional Use application for a restaurant in the "old" Post Office (C-1 zone). (This is a similar proposal to the Davis Conditional Use -- also a request for a Japanese style steak house at the same location.) Please review and send comments my way no later than Monday, March 8, 1982. This item will be considered at a public hearing before the Aspen P & Z Commission on March 16. Thank you for your assistance. c • • GIDEON I. KAUFMAN DAVID G. EISENSTEIN LAW OFFICES OF GIDEON I. KAUFMAN A PROFESSIONAL CORPORATION BOX 10001 611 WEST MAIN STREET ASPEN, COLORADO 81611 February 15, 1982 Alan Richman Aspen/Pitkin Planning Office 130 South Galena Street Aspen, Colorado 81611 TELEPHONE AREA CODE 303 925-8166 Re: Conditional Use of a Restaurant in the Old Post Office Building Dear Alan, Please consider this an application for a conditional use pursuant to Ordinance 9, Series of 1981, amending S 24-3.2 of the Aspen Municipal Code by the addition of a restaurant as a conditional use in the C-1 district and Ordinance 24-3.3, grant of a conditional use. My client intends to open a Japanese style steak house at the location of the old post office building which location is situated in the C-1 zone district. Pursuant to the grant of a conditional use, § 24-3.3, I offer the following pertinent information. I believe that the grant of this conditional use clearly complies with the requirements imposed by the zoning code and is consistent with the objective and purposes of the zoning in the applicable zone district. This particular restaurant has taken into account concerns that were raised by the P & Z and City Council during discussion of Ordinance 9, Series of 1981. It is my client's intention that the restaurant will be open year round, seven days a week. Their menu will be quite reasonable as dinners will vary from $6.95 to $12.95. Full meals will include salad, vegetables, rice, dessert, beverage and the entree. This type of menu will appeal not primarily to a tourist population but will also find widespread support among locals. Having the restaurant open year round will accomodate locals during periods when there are no tourists in town. My client, Ken Bernard, has an established restaurant track record in Aspen. His other restaurant, the Aspen Mine Company, has an excellent local following and caters primarily to a local clientele. 0 • Alan Richman February 15, 1982 Page Two I believe the proposed use complies with all requirements imposed by the zoning code. The proposed use is designed to be compatible with the surrounding land uses and the uses in the area. My client will be making minor changes to the building with most changes being made to the inside of the building in order to accomodate a restaurant use. I do not believe this use will generate any more traffic than that which has historically been generated by the post office. Daytime use will probably be less than the post office as the bulk of the business will be done during the evenings when parking in the area is more than adequate and does not compete with the downtown daytime business. The C-1 district does not require parking and yet the restaurant will have fifteen (15) spaces available for its patrons. The provision of this number of parking spaces in the C-1 zone should alleviate any concerns about additional generation of traffic. I believe, having been involved in the adoption of the ordinance that allows conditional uses of restaurants in the C-1 zone, that this use complies with the intent of the P & Z and City Council when they adopted the new ordinance allowing for restaurants in the C-1 district. If you have any additional questions, please feel free to contact me. Very truly yours, LAW OFFICES OF GIDEON I. KAUFMAN, a Professional Corporation By Gided aufman GK kw cc: Ken Bernard George Vicenzi r 4r- ` BLOCK 1.00,CITY AND TOWNSITE OF ASPEN S� of LOTS A,B & C LOTS 11 - I GERALD P. & PATRICIA D. LONG W. R. WALTON Box 1282 Box 665 Aspen, Colorado 81612 Aspen, Colorado 81612 N� of LOTS A, B & C M & B COMPANY, A Colorado Partnership Box 1709 Aspen, Colorado 81612 LOTS D & E LEMOS, LEMOS, CUTTS & LEMOS Boris M. & Dora L. Lemos N) Donald M. & Jeannie M. Lemos M James A. & Karen D. Cutts (jZ) Barbara S. Lemos (!4) 6635 De Longre Avenue Hollywood, California 90028 LOTS F - I MOUNTAIN STATES COMMUNICATIONS George A. Vicenzi & Martin Flug & Craig Rowley Box 2238 Aspen, Colorado 81612 LOTS K - 0 J. MARTIN CERISE CD & ROBERT L. KOPP & CO. (11) Box 646 Aspen, Colorado 81612 LOTS P - S CHATEAU ASPEN CONDOMINIUMS - 22'-units Chateau Aspen Condo Association _ 731 East Durant Avenue Aspen, Colorado 81611 BLOCK 99, CITY AND TOWNSITE OF ASPEN LOTS A - B GARY G. & LESLIE J. TROYER Box 1645 Aspen, Colorado 81612 LOT C GERALD G. TROYER 1401 East Lake Mead Blvd. North Las Vegas, Nevada 89030 LOTS D - E LESLIE JEA14 SMITH Box 1645 Aspen, Colorado 81612 LOTS F - G JON E. CHAPMAN Box 311 Snowmass, Colorado LOT S K - L E. NORRIS & GOODRICH H. TAYLOR Box 373 Aspen, Colorado 81612 LOT M PATRICIA MOORE 610 East Hyman Avenue Aspen, Colorado 81611 T.nTC Al - n E. NORRIS & GOODRICH H. TAYLOR (See above; LOTS P - Q 620 HYMAN ASSOCIATES, A Colorado Joint Venture Composed of: Donald J. Fleisher (1/6) James Cox (5/6) 620 East Hyman Avenue Aspen, Colorado 81611 LOTS. R - S Jack S. Crandall 00 & GESINE CRANDALL ( ) Box 1066 Aspen, Colorado 81612 -=_=-===c==ass-----=cacncocacaaaa=aa�aaac BLOCK 101. CITY AND TOWNSITE OF ASPEN ALL ASPEN SQUARE CONDOS - 105 units Aspen Square Condo Association 617 E. Cooper Avenue Aspen, Colorado 81611 BLOCK 96, CITY AND TOWNSITE OF ASPEN E 5' of LOT G & ALL OF LOT H STEIN ERIKSEN Box 1245 Aspen, Colorado 81612 LOTS Q. R & S AJAX MOUNTAIN ASSOCIATES, LTD. c/o Stephen J. Marcus Box 1709 Aspen, Colorado 81612 ===c=�==o=a==c-c:=v=an=avc=-Ica==aacaanca BLOCK 95, CITY AND TOWNSITE OF ASPEN LOTS G, 11 & I DIKRAN DINGILIAN, A.S. 160 West 225th Street New York City, flew York 10463 4r or BLOCK 95 CONTINUED E;rj' OF LOT Q&AL OFR& S C.A. MUER CORP. 2 Washington Blvd. Detroit, Michigan 48226 BLOCK 104, CITY AND TOWNSITE OF ASPEN LOTS A & B MARY A. BABIC 701 E. Hopkins Aven�ie Aspen, Colorado 81611 LOT C ANDRE ULRYCH Box 2202 Aspen, Colorado 81612 LOTS L, M & IJ LEO A. R014LA14D Box 502 Aspen, Colorado 81612 BLOCK 105, CITY AND TOWNSITE OF ASPEN LOTS A, B, C & D HANNAH DUSTIN BUILDING ASSOCIATES Box 2238 Aspen, Colorado 81612 LOT E WAUKESHA BLOCK, INC. 10919 West Bluemound Road Milwaukee, Wisconsin 53220 LOTS K. L, M, N & 0 BELL MOUNTAIN LODGE, INC. Box 328 Aspen, Colorado 81612 4r W. ASPEN TITLE COMPANY A TITLE INSURANCE AGENCY POST OFFICE BOX 9590 ASPEN. COLORADO 81611 (303) 925-4444 September 14, 1981 Gideon Kaufman, Esq. 611 W. Main Street Aspen, Colorado 81611 Re: Adjacent lot owners to Lots G, ti and I Block 100 (Old Post Office) City and Townsite of Aspen Dear Gideon: UaR- Enclosed is a list of the names and addresses of who we believe to be the adjacent lot owners of the above referenced property. This informa- tion was compiled from the records in our office and the tax rolls in the Treasurer's Office. If we can be of any further assistance, please do not hesitate to call. Sincerely, ASPEN TITLE COMPANY :✓//f L i v , Susan Weiss Title Examiner SW/hgy Enclosure NOTE; Although we believe the facts states are true, this list is not to be construed as an abstract of title, nor an opinion of title, nor a guar- anty of title.