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HomeMy WebLinkAboutLand Use Case.CU.720 E Hyman.1976-CU-6ASPEN /PIT 130 s aspen FOR FILE: Aspen Athletic Club Department [reet 1611 Food Facility Modification Granted by Planning and Zoning Commission, October 19, 1976. See Minutes for details. ME TO: ASPEN PLANNING AND ZONING COMMISSION FROM: DWIGHT K. SHELLMAN, JR. FOR RE: ASPEN ATHLETIC CLUB's Request for a Use Determination FACTS The Aspen Athletic Club Building was approved under Ordinance 19 in 1974 which was an interim zoning measure . pending adoption of a new comprehensive zoning ordinance for the City of Aspen. The Building Inspector approved a set of plans on August, 1974 and issued a building permit: Included in these approved plans is an area in the club designated as a bar with kitchen facilities which has a pass- through to the lounge area. In March of 1975, a new comprehensive zoning ordinance became effective and designated the area where the building is located as an office zone. In an office zone athletic clubs were permitted as a conditional use. In April of 1976 the office zone was amended so as to delete athletic clubs as conditional uses. Subsequent to April, 1976, the Aspen Athletic Club, Inc., was informed that the food facility as it was shown on the approved plans did not contain the proper equipment to pass health inspection. On the basis of this information, the plans were revised to provide sufficient space for the equipment necessary to comply with the health regulations. The change involved a new location of the food preparation area and did not involve an increase in the size of the lounge where the members will sit. The revised food facility will occupy an area of 96 square feet and it is located in the basement of the building so that there is no direct access from the street and the food facility cannot be seen from adjacent properties. The food facility will serve prepared foods, mainly sandwiches and beverages. There will be no griddle or stove in the facility, only a warming device. The food service facility is designed basically to serve the demands generated by the Aspen Athletic Club. INTRODUCTION Aspen Athletic Club, Inc., believes it is entitled to revise the food facility on two grounds. First of all, that the food facility is an accessory use to an athletic club and secondly, that the Aspen Municipal Code provides for such an expansion for non - conforming uses. DISCUSSION 1. SNACK BARS ARE ACCESSORY USES TO ATHLETIC CLUBS. The character of the building determines the customarily incidental uses which are permissible in connection with its use. An accessory use is defined by the Aspen Municipal Code in Section 24- 3.7(a)(2) as "a use that is naturally and normally incidental to, subordinate to, devoted exclusively to the principal use of the premises, and does not change the basic character thereof as determined by its principal use." Obviously, it is a factual question whether a snack bar is customarily incidental to the use of an athletic club. The case law is sparse on this particular question. There is one Pennsylvania case which matter of factly states that an ordinance which permitted a private club with facilities structurally designed for sports and athletic events allows as an incidental use, a canteen. Appeal of Hawcrest Association 160 A. 2d 240 (Pa. 1960). The court neither cited cases nor stated a rational in support of its holding. However, a later Pennsylvania case does give some insight in the kind of - 2 - considerations that must be taken into account when determining whether a use is incidental or not. In Gross v. Zoning Board of Adjustment, 424 Pa. 603, 227 A. 2d 824 (1967), the owner of a bowling alley applied for permission to construct a restaurant and cocktail lounge as an accessory use. The court allowed the restaurant on the following basis: That most bowling alleys have restaurants; that it entailed no expansion to the present building; that it occupied only 3.5% of the business premises; and the income from the facility would constitute only a small fraction of the gross business of the bowling alley. Clearly, the food facility is an accessory use, as that term is defined by the Aspen Municipal Code, and should be permitted as of right. The food facility would not change the basic character of the principal use of the building and it would clearly be subordinated to the principal use. The food facility would occupy an extremely small percentage of the building and the income produced therefrom would constitute only a small portion of the gross income of the club. Moreover, a food facility is a use that is naturally and normally incidental to recreational clubs. Almost every golf club, tennis club, bowling alley and swim club, as well as other athletic clubs, have some facility for dispensing food and beverage. The proposed food facility for the Aspen Athletic Club has all the incidents of an accessory use as that term is defined by the Aspen Municipal Code and should be allowed as of right. 2. THE FACT THAT ASPEN ATHLETIC CLUB IS A NON - CONFORMING USE DOES NOT PROHIBIT A FOOD FACILITY AS AN ACCESSORY USE. Hal Clark is mistaken in Comment 1 of his recommendation to the Planning and Zoning Commission. There is no authority - 3 - for his comment that the food facility cannot be an accessory use to a non - permitted use. In fact, there is law to the contrary. Gross v. Zoning Board of Adjustment supra involved this precise question. The bowling alley was allowed as a variance in a residential zone. Pennsylvania has consistently held that a lawful, non - conforming use may validly be expanded by a reasonable accessory use which is not detrimental to the public health, welfare and safety: "We have consistently held that a lawful, non - conforming use ... may validly be expanded by a reasonable accessory use which is not detrimental to the public health, welfare and safety... ". Pennsylvania's ruling in this regard is premised upon the view that the owner of a property to which a lawful, non - conforming use is attached enjoys the vested property rights thereto which may not be abbrogated unless it is a nuisance or abandoned or is extinguished by eminent domain; and that a zoning ordinance cannot preclude a natural and reasonable expansion thereof. It appears to us that a use permitted by variance or special dispensation is comparable and establishes in the property owner a vested right similar to that in a lawful non- conform- ing use situation. If this be so, then logic and fairness compels a conclusion that the granted use may be added to by a normal and reasonable use flowing therefrom." 277 A. 2d 824, 826 -827. So clearly, the food facility can be and is an accessory to a non - conforming use. 3. THE FOOD FACILITY WOULD NOT GENERATE ANY GREATER PARKING DEMANDS IN THE AREA. Hal Clark feels that the revised food facility should be denied because of the potential of increased demands on parking in the area and thefact the Aspen Athletic Club has no reserved parking spaces (Comment 3). Clearly the food facility would not increase the demand on parking at all. The sole purpose of the food facility is to accommodate people already on the premises for other purposes. It would be merely providing the users of the club with the ability to grab a quick lunch without going to other restaurants in town. The food facility will not advertise in any manner and will not generate any independent - 4 - clientele of its own. Moreover, one of the conditions of approval of this project under Ordinance 19 was that no off street parking be provided for the members of the club. The reason for this is that the Planning and Zoning Commission wanted to discourage use of the automobile in the downtown core area. Now Hal Clark is recommending denial of the revision for the very reason that there is no off street parking provided. Aspen Athletic Club, Inc., should not be made subject to this catch 22 in this situation. It is also noteworthy that the adjacent property, which contained the Pitkin County Grainery, does cater to an independent clientele and does not have any reserved parking facilities for its customers. There is no justification for the denial of the Aspen Athletic Club's request for the revised food facility on the basis of insufficient parking, and a denial on such a basis would be arbitrary and capricious. Clearly, the revised food facility would generate no greater burden than is already generated by the building itself with the existing food facility. 4. SINCE THE ATHLETIC CLUB IS A VALID NON - CONFORMING USE IT CAN EXPAND THE EXISTING FOOD FACILITY PURSUANT TO 524- 12.4(b) OF THE ASPEN MUNICIPAL CODE. No one disputes the fact that the Aspen Athletic Club itself and the original snack bar approved under Ordinance 19 are non - conforming uses. This being so, then it seems clear that §24- 12.4(b) applies so that the food facility can be extended throughout the parts of the building manifestedly arranged for it. However, Sandy Stuller, the City Attorney, in a letter to Clayton Meyring which is enclosed in your packet, argues that the status of the Aspen Athletic Club is a non - conforming conditional use" - 5 - She arrives at this position on the basis that athletic clubs under the office designation prior to the April rezoning were conditional uses; thus the effect of the April rezoning is to make athletic clubs a "non- conforming conditional use ". Sandy then proceeds to assert that any expansion must follow the procedures for expansion of conditional, as opposed to non - conforming uses. This would mean that Section 24- 3.3(c), not 24- 12.4(b), of the Aspen Municipal Code would dictate the procedures for revision of the food facility. I believe that Sandy is relying too much on semantics in arriving at her interpretation of the problem and not enough on basic zoning law. Focusing on the latter clearly shows that §24- 12.4(b) of the Aspen Municipal Code controls the situation in hand. A general definition of non - conforming use is. "A lawful use of premises existing on the effective date of the zoning regulations and continued thereafter, which does not conform to such regulations." 82 Am. Jur. 2d Zoning & Planning, §178. It does not matter in this definition what the nature of the use was prior to the change in zoning, i.e. of right or conditional. For once it becomes a prohibitive use, regardless of its former status, it is non - conforming. The fact that the use was once conditional is rendered moot by the change in zoning that prohibits the former conditional use. Thus, it would seem to follow that the provisions regulating non - conforming uses should control the question of expansion to the food facility. Sections 24- 3.3(c) and 24- 12.4(b) contemplate two distinct situations that cannot sensibly be read together. Either the present use of the Athletic Club is a conditional use or it is non - conforming. It is a non - sequitur to classify the use as a "non- conforming conditional use ". I submit that the athletic club is a non - conforming use and thus subject to the provisions of 524- 12.4(b). — 6 - CONCLUSION The proposed revision of the Aspen Athletic Club food facility can be justified on the basis of either an accessory use to an existing use or a permitted expansion of a non - conforming use. Furthermore, the impact of the revised food facility is negligible in light of the fact that the revision represents simply a change in location and not a more intensive or different use. Finally, the food facility is consistent with uses of adjacent property and would not be an affront to the existing zoning scheme for the area. On these bases I request approval for the proposed revision of the food service area of the Aspen Athletic Club. Respectfully submitted, DWIGH K. SHELLMAN, JR., for DWIGHT K. SHELLMAN, JR., AND ASSOCIATES, P.C. The Wheeler Opera House P. O. Box G -3 Aspen, Colorado 81611 (303)925 -2710 - 7 - ASPEN ATHLETIC CLUB SQUARE FOOTAGE COMPUTATIONS FOR FOOD FACILITY Approved Plans: Proposed Relocation: Square Footage = 23.25 sq. ft. Square Footage = 93 sq. ft. Ratio of Food Ratio of Food Facility to Facility to Athletic Club Athletic Club 23.25 sq. ft. _ .002% 93 = .009 10013 (sq. ft. of 10113 Athletic Club) Square Footage Square Footage Ratio of Food Ratio of Food Facility to Facility to Aspen Athletic Aspen Athletic Club Building Club Building 23.25 = .0009% 93 = .003 26935 (sq. ft. for 26935 Aspen Athletic Club Building) October 19, 1976 Planning and Zoning Pitkin County City Hall Commission Aspen, Colorado 81611 Re: Aspen Athletic Club Food Facility Dear Sir: I signed a petition against a full service restaurant and bar to be located in the Aspen Athletic Club Building, apparently because of misrepresentation. I have no objection to the food facility as outlined in the recent letter dated October 7, 1976. Sincerely, Ja o r.� V e'c" Z�S 'Y6 _ , MEMO TO: HAL CLARK PLANNING DEPT. FROM: CLAYTON MEYRING CHIEF BUILDING INSPECTOR DATE: October 19,1976 Re: Kitchen in Aspen Athletic Club I have reviewed the various sets of plans that have been submitted to my office of the CDES Building now known as the Aspen Athletic Club. The sequence of events are as follows: The first set of plans of which the building permit was approved under Ordinance 19 authority was August 8, 1974 which showed a basement containing locker rooms, two handball courts and shower massage and toilet rooms. The next set of plans submitted Nov. 6, 1975 showed a sub - basement and basement. The sub - basement showed two handball courts and a squash court. The basement plan showed a lap pool, whirlpool, lounge, massage rooms, exercise rooms, lockers, shower and toilet rooms. A permit was issued for the structural portions of the sub - basement footings and walls only Nov, 7,1975. The next set of plans submitted Jan. 19, 1976 showed in addition to the two handball and squash court a mechanical and storage rooms in the sub - basement. The basement showed in addition to the lap pool, whirl- pool, lounge, massage rooms, exercise room, lockers, shower and toilet rooms a laundry and storage room. In addition a reception room having a bar sink was added. Another permit was issued Jan. 19, 1976 to complete the structural portions of the footing ,walls and floors of the basement and sub - basement. The next set -of plans submitted March 8, 1976 was supposed to be the final plans of which approval could be given for a complete revised set. The plans were more complete than the Jan. 19th plans, but no change in the floor plans of the basement and sub - basement. I have plans of which a change was made July 14 & 15, 1976 where the laundry was moved to the sub - basement and the original basement plan which had the laundry and storage room became the service bar area, pro shop and a general redesign of the reception area. sue^ , 9l n 0 - - / /00- DONAL J. FLEISHER October 13, 1976 Planning and Zoning Commission City of Aspen 130 South Galena Street Aspen, Colorado 81611 Gentlemen: A week ago I was contacted by a citizen of Aspen who presented me with a petition against the request by the Aspen Athletic Club to modify its food service facilities. This party grossly misrepresented the future plans of the Aspen Athletic Club and had the facts so contorted that I was led to be- lieve they were planning to operate a full- service food operation with a three - way liquor license. I reluctantly signed the petition and sincerely regret that I did so. With this letter I request that my name be removed from the petition. As a member of the Aspen Athletic Club, I would like to inform you that I am whole heartedly in support of the club's request for permission to relocate and expand the food and beverage facility it plans to install. I have always understood that the club would provide food and beverage facili- ties suitable to an athletic club operation. I think those members who wish to spend lunch hours at the club should have food service facilities available to them. If the relocation will facilitate the club in putting in the required facilities to comply with health regulations, it is my opinion that they should not be denied this right. Sincerely, ld cc: Chick Collins - Box HH Roger Hunt - Box 3944 Danny Abbott - Box 2265 John Schuhmacker - Box 3528 Olof Hedstrom - Box 4815 Dick Kienast - 406 W. Smuggler Nick Coates Dwight Shellman Jim Daggs THE DONALD J. FLEISHER COMPANY, INC. P A $oar i�966, Aspen, Colorado 81611 (303) 925 -2122 620 E. Hyman LAW OFFICES DWIGHT K. SHELLMAN, JR. AND ASSOCIATES A PROFESSIONAL CORPORATION THE WHEELER OPERA HOUSE, P.O. BOX G -3 ASPEN, COLORADO 81611 (303) 925 -2710 October 15, 1976 Mr. Hal Clark Planning Office City Hall Aspen, Colorado 81611 Re: Aspen Athletic Club Dear Hal: Please find enclosed copies of a floor plan for the basement of the Aspen Athletic Club which indicates the approximate location of the approved food facility and the requested relocated food facility. I have also enclosed a copy of the floor plan for the relocated food facility. Sincerely yours, JoA David Seigle7 for D4JIGHT K. SHELLMAN, JR. , AND ASSOCIATES, P.C. JDS:mfm enclosures i93 sq. ft in I - _ t - -- Scale 1/4" l' II I A = Approved Location B = Requested Relocation 1 i _ v �. A _ �-� 23.25 sq. ft- +' i93 sq. ft in I - _ t - -- Scale 1/4" l' II I A = Approved Location B = Requested Relocation 1 i _ r --c � — I � —�_ J call tA : R EL04�T %bT-\ IK I 1i > � 1 m _/` -•` ` f �� .-a i� 1 0 1 Q �GG.•tc. �'�1C�iKili � t ' `� t {i =- � SZ 7 71 c 1� A � IL IL � � , �� ! .asst, E!FC L %f c G0.'X';' � 1 ` `' 7 v i IN L Z - f l c i .r c '. __ _ —•r' � 1 ��� 1iJ��i'�./��h�..'� ,!3'2 YL IG.�!� 1 f t 1 � �_ _� `� i _ _ .. _ , ; Tti j /'G Cu}. !J,!.✓,.�d, . G�}/4.! ,�.' 1= • aL j. I ` j Aspen Athletic Club - food facility Those withdrawn from Petition: Dr. Jack Crandall 630 E. Hyman Donald J. Fleisher 620 E. Hyman Eloise H. Ilgen 729 E. Hopkins Jack D. Ilgen 729 E. Hopkins Linnea A. Riley 800 E. Hopkins #A -1 Bernard Hudson 800 E. Hopkins Valerie Gustaveson 800 E. Hopkins $A -2 Anne Chapman 623 E. Hopkins Floyd Wasinger P. O. Box 7263 City Market Those on Petition and reason: W. R. Walton - started Petition Mary Babic - building destroyed her view Marjorie Fisher - no reason Don Stew Westerlind - will be at hearing Elsie Snyder - liquor license, even though withdrawn, bothers her John F. Snyder - same as above Barbara J. Popish - parking Louis Popish - parking - will be at meeting Jennie Popish - parking Nancy Kappeli - general principals S. P. Kelly - no reason Jessie J. Bates - parking K. H. Bates - parking Rosemary Krans - no reason Those who were not at home: Carl R. Nutzhorn Lucille Baltzar G. Johnson Bernard P. Popish Beverly Joyce Popish Arthur Kuen John Hayes David Fleisher Carla Astor CERTIFICATE OF HAND DELIVERY I HEREBY CERTIFY that a true and correct copy of the attached notice has been delivered to the following persons by hand delivery this 14th day of October, 1976: George Huggins Hy West Condos. 835 E. Hyman,Apt. A Aspen, Colo. Marshall Smith Hy West Condos. 835 E. Hyman, Apt. B Aspen, Colo. Joe Luciani Hy West 'Condos. 835 E. Hyman, Apt. C Aspen, Colo. Michele Game Hy West Condos 835 E. Hyman, Ant. D Aspen, Colo. Frank Erikson East Hopkins Condos. 825 E. Hopkins, Apt. 1S Aspen, Colo. Nancy Edlin East Hopkins Condos. 825 E. Hopkins, Apt. 2S Aspen, Colo. Terry_ & Barbara Young East Hopkins Condos. 825 E. Hopkins, Ant. 3S Aspen, Colo. Jay Haygood /Howard Freeman East Hopkins Condos. 825 E. Hopkins, Apt. 1N Aspen, Colo. Francis & Lyman Bielefeldt Boynton /Waskey Hy West Condos. East Hopkins Condos. 835 E. Hyman, Apt. E 825 E. Hopkins, Apt. 2N Aspen, Colo. Aspen, Colo. Susan Capiel Hy West Condos. 835 E. Hyman, Apt. F Aspen, Colo. Ann Bickley Hy West Condos. 835 E. Hyman, Apt. Aspen, Colo. Ginnie Phillips Hy West Condos. 835 E. Hyman, Apt Aspen, Colo. John Hayes Hy West Condos. 835 E. Hyman, Apt Aspen,Colo. Buzz Patten East Hopkins Condos. 825 E. Hopkins, Apt. 3N Aspen, Colo. Johnson Chatelet Condo. Enterprises G 800 E. Hyman, Apt. .A -C Aspen, Colo. Chapman Chatelet Condo. Enterprises H 800 E. Hyman, Apt. B -F Aspen, Colo. Waggaman Chatelet Condo. Enterprises T 800 E. Hyman, Apt. C -G Aspen, Colo. Bruce Holzapfel Hy West Condos. 835 E. Hyman, Apt. J Aspen, Colo. Karin Erickson Hy West Condos. 835 E. Hyman, Apt Aspen, Colo. Sy Smith Hy West Condos. 835 E. Hyman, Apt Aspen, Colo. Garland Chatelet Condo. Enterprises 800 E. Hyman, Apt. D -M Aspen, Colo. Phil Walker Chatelet Condo. Enterprises K 800 E. Hyman, Apt. E Aspen, Colo. Louis Schoolman Chatelet Condo. Enterprises L 800 E. Hyman, Apt. F Aspen, Colo. Mary Ann Mitchell Chatelet Condo. Enterprises 800 E. Hyman, Apt. G Aspen, Colo. Jason Densmore Mountain View Condos. 819 W. Hyman, Apt. 1 Aspen, Colo. Patricia Seifert Mountina View Condos. 819 M. Hyman, Apt. 2 Aspen, Colo. Robert Morris Mountain View 81913. Hyman, Aspen, Colo. Bobby Burns Larkspur 800 E. Hopkins, Apt. B4 Aspen, Colo. Carol Williams Larkspur 800 E. Hopkins, Apt. B5 Aspen, Colo. Guy F. Grover Centennial Park Condos. 830 E. Hopkins, Apt. 101 Aspen, Colo. Bill and Pat Boyd C ondos. Centennial Park Condos. Apt. 3 830 E. Hopkins, Apt. 102 Aspen, Colo. Sherry Croker Mountain View Condos 819 E. Hyman, Apt. 4 Aspen, Colo. Milton Zale Mountain View Condos 819 E. Hyman, Apt. 7 Aspen, Colo. Penelope Wilson Mountain View Condos 819 E., Hyman, Apt. 8 Aspen, Colo. Michael Riley Larkspur 800 E. Hopkins, Aspen, Colo. Michael Pokress Centennial Park Condos. 830 E. Hopkins, Apt. 103 Aspen, Colo. Steve Golieb Centennial Park Condos. 830 E. Hopkins, Apt. 201 Aspen, Colo. Robert Blauman Centennial Park Condos. 830 E. Hopkins, Ant. 202 Aspen, Colo. Joe Parrish Centennial Park Condos. Apt. Al 830 E. Hopkins, Apt. 203 Aspen, Colo. Valerie Gustaveson Larkspur 800 E1 Hopkins, Aspen, Colo. Bernard Hudson Larkspur 800 E. Hopkins, Aspen, Colo. Apt David Hovdesven Centennial Park Condos. A2 830 E. Hopkins, Apt. 301 Aspen, Colo. Reynolds Chace Springborn Centennial Park Condos. Apt. A3 830 E. Hopkins, Apt. 302 Aspen, Colo. Belton Fleisher Larkspur 800 E. Hopkins, Apt. A4 Aspen, Colo. David Fleisher Larkspur 800 E. Hopkins, Apt. A5 Aspen, Colo. Jorge Eduardo Kopper Larkspur 800 E. Hopkins, Apt. BI Aspen, Colo. Frau Waidner Larkspur 800 E. Hopkins, Apt. B2 Felicia M. Lee Centennial Park Condos. 830 E. Hopkins, Apt. 303 Aspen, Colo. Pitkin County Grainery Karen Kirkwook 716 E. Hyman Aspen, Colo. Pope Rowland 700 Block East Hyman Aspen, Colo. C. Tyrell Garth Larkspur 800 E. Hopkins, Apt. B3 Aspen, Colo. Patio Building: Protection Systems, Inc. 630 E. Hyman Betty Henry Aspen, Colo. Valley Answering Service Betty Henry Chris' Hair Styling Christine Proffit Stitch 'n Time Judy Rouse Stained Glass Studio Michael Ohnmacht Dr. Jack Crandall The Barber Shop W. D. McLain Aspen Computer Service Don Voltmer Tidivations Nature's Storehouse Terry Badger Aspen Audio Clinic Charles Witt The Sewing Bee Billy Vagneur Sandy's Office Supply Sandra Williams Tina's Treasure Chest Nikki Mayer Source One Bill Leonard Aspen Studio of Photography Lil Lwely Eugene E. Saltzberg Joane Ross William H. T. Murray Joane Ross Ashley /Moore Ralph Ashley Gary Turnau, M. D. Sue Toth Aspen Camera Repair Lil Lwely Aspen Medical Laboratory Theo Walker CERTIFICATE OF HAND DELIVERY I HEREBY CERTIFY that a true and correct copy of the attached notice has been delivered to the following condominium managers by hand delivery this 14th day of October, 1976: Sy Smith, President Hy West Condos. 835 E. Hyman, Apt. L Aspen, Colo. George Vicenzi, Manager East Hopkins Condos. 601 W. Hallam Aspen, Colo. C. Johnson, Caretaker Chatelet Condo. Enterprises 800 E. Hyman Aspen, Colo. Rosemary Krans, Manager Mountain View Condos. 819 E. Hyman, Apt. 5 Aspen, Colo. Valerie Gustayson, Manager Larkspur 800 E. Hopkins, Apt. A -2 Aspen, Colo. Bayard Hovdesven, Manager Centennial Park Condos. 830 E. Hopkins, Apt. 301 Aspen, Colo. J CERTIFICATE OF MAILING I HEREBY CERTIFY that a true and correct copy of the attached notice has been delivered to the followinq persons by depositing a copy hereof in the United States Mail, postage prepaid, on the of �� 1976: BLOCK 27, East Aspen Addition BLOCK 28, East Aspen Addition: Lots K, L, M, N and 0 - Larkspur Associates, 800 E. Hopkins, Aspen. Lots P, 0, R and S - Centennial Park 'Condos. c/o Bayard Hovedsven, et al, Box 3810, Aspen. Lots K and L, Michael Otte & Rich. Sherriff, Box 11299, Aspen. Lots M,N and 0, Marjorie Fisher, 718 E. Hopkins, .Aspen. BLOCK 31, East Aspen Addition: Lots A and B, Riverview Associates, Rich. Meeker, First National Bank Building, Aspen. BLOCK 99, City of Aspen: BLOCK 100, City of Aspen: Lot C, Guell & Guenard, Box 15128, Aspen. Lots D, E and F, Raymond & Jessie Bates, 819 E. Hopkins, Aspen. Lots G and H, East Hopkins Condos., 825 E. Hopkins Ave., Aspen. Lots K and L, Chatelet Condo. Enter- prises, 800 E. Hyman, Asnen. Lots M and N, Joseph & Barbara Popish, 800 Block E. Hyman, Aspen. Lots 0, P and n, Jennie Popish, 824 E. Hyman Ave., Aspen. Lots R and S, Bernard Popish, 826 E. Hyman Ave., Asnen. Lots H and I, W. R. Walton, Box 665, Aspen. Lots R and S, Patio Blda., 630 E. Hyman Ave., Aspen. Jack Crandall Lots F, G, H and I, Mountain States Communications, Inc., 310 E. Main St., Asnen. BLOCK 104, City of Aspen: Lots A and B, Mary Babick, 701 E. Hopkins, Aspen. Lots C and D,Andre Ulrvch, Box 2202, Aspen. Lots E and F, Carla Astor, Box 864, Aspen. Lots C and H, Lucille Baltizer, 727 E. Hopkins Ave., Aspen. Lot I, Jack & Eloise Ilgen, 729 E. Hopkins, Aspen. Lots K and L, Mike Otte & Rich. Sherriff, Box 11299, Aspen. Lots M Block, Lots 0 419 E. BLOCK 105, City of Aspen: Lots A 300 S. and N, Leo Rowland, 700 E. Hvman, Aspen. and P, Theo. Loutsoubos, Hayman, Aspen. thru D, Hannah Dustin, Ltd., Spring St., Aspen. Lots E thru I, Tonawanda Corporation, 8532 W. Schlinaer Ave., Milwaukee, Wisc. Lots K thru P, Victor & Werner Kapelli, and W. 20.73' 720 E. Cooper, of Lot O. Aspen. Lots R and S, Simon & Nora Kelly, and E. 9.27' Box 1583, Aspen. of Lot Q. BLOCK 111, City of Aspen: Lots A 801 E. Lots E 819 W. Lots G 835 E. thru D, John & Elsie Snyder, Hyman, Aspen. and F, Mtn V iew Condos., Hvman Ave., Aspen. thru I, Hy West Condos., Hvman Ave., Aspen. Lots K and L, Arthur Kuen, 802 E. Cooper, Aspen. Lots M thru O, Adolph & Joseph Miklich, 634 W. Francis, Aspen. CERTIFICA OF HAND D ELIVERY I HEREBY CERTIFY that a true copy of the attached Notice has been delivered by hand on or before September 30, 1976 to the following addresses: 716 E. Hyman Street 732 Cooper Street Aspen, Aspen, Colorado 81611 Aspen, Colorado 81611 801 E. Hyman Street 802 Cooper Street Aspen, Colorado 81611 Aspen, Colorado 81611 Aspen, Colorado 81611 820 E. Hyman Street 805 Cooper Street Colorado 81611 Aspen, Colorado 81611 Aspen, Colorado 81611 822 E. Hyman Street 300 Spring Street Aspen, Aspen, Colorado 81611 Aspen, Colorado 81611 824 E. Hyman Street 307 Spring Street Hopkins Street Aspen, Colorado 81611 Aspen, Colorado 81611 826 E. Hyman Street 635 Spring Street Aspen, Colorado 81611 Aspen, Colorado 81611 835 E. Hyman Street 704 Hopkins Street 819 Hopkins Street Aspen, Colorado 81611 Aspen, Colorado 81611 250 S. Original 714 Hopkins Street (Apts. across from Aspen, Colorado 81611 Aspen Athletic Club) Aspen, Colorado 81611 819 E. Hyman Street 718 Hopkins Street Aspen, Colorado 81611 Aspen, Colorado 81611 707 E. Hyman Street 720 Hopkins Street Aspen, Colorado 81611 Aspen, Colorado 81611 Patio Building 722 Hopkins Street East Hyman Street Aspen, Colorado 81611 Aspen, Colorado 81611 800 Hopkins Street 620 E. Hyman Street Aspen, Colorado 81611 Aspen, Colorado 81611 Studios Next to Larkspur Victorian Square Hopkins Street East Hvman Street Aspen, Colorado 81611 Aspen, Colorado 81611 811 Hopkins Street Bell Mountain Lodge Aspen, Colorado 81611 Cooper Street Aspen, Colorado 81611 819 Hopkins Street Aspen, Colorado 81611 City Market Cooper Street 825 Hopkins Street Aspen, Colorado 81611 Aspen, Colorado 81611 729 Hopkins Street Aspen, Colorado 81611 727 Hopkins Street Aspen, Colorado 81611 719 Hopkins Street Aspen, Colorado 81611 715 Hopkins Street Aspen, Colorado 81611 701 Hopkins Street Aspen, Colorado 81611 625 Hopkins Street Aspen, Colorado 81611 pp ; - 2 - .,1 /mart Fi�c YI":\� TO: Aspen Planning Commission FROM: Planning Staff (HC) RE: Aspen Athletic Club Food Facility Modification DATE: October 15, 1976 This is a continuation of the public hearing on the modification of the food facility at the Aspen Athletic Club. A plan of the proposed change is enclosed in your packet for review as requested. The Planning and Zoning Commission has agreed to a site inspection and we suggest that at 6:30 P.M. you adjourn the meeting to the site of the Atholetic Club for decision on the request. We understand that the Club has withdrawn its request for a liquor license. The Planning Office has reconsidered the application and has the following comments: 1. We feel the scope of the food facility is constrained by the lack of a Liquor license; the remote basement location; and accessibility to the food facility being limited to members only as those who have paid an entrance fee to the Club. These limitations should be incorpor- , ated as legal restrictions on the use of the food facility. 2. The Athletic Club is a substantial recreational facility which undoubtedly will precipitate significant use. Limited food service to members only in a constricted area appears an appropriate accessory use. 3. The applicant will present evidence to confirm the misunderstandings surrounding the petition in opposition to the expansion as to representations on the food facility use. 4. New public notices have been sent out to the adjacent property owners for this hearing. 5. The Planning Office would recommend apporval of the _modification of the Athletic Club food facility provided the restraints suggested in comment number one can be legally and successfully imposed on the food facility. 0 4SrP _M 4THLE11C CW8 Corner of Hyman & Original -. Box 3279 October 7, 1976 Aspen, Colo. 81611 - 303 - 925 -1400 Dear Neighbor: Please find enclosed a notice of a hearing to be held on the Aspen Athletic Club's proposed relocation of their food facility in the new Athletic. Club Building. From some of the questions raised in the first hearing, held this week, there seems to be a great deal of_,confusion regarding the nature of the food,. facility.;:; The food facility is'a` snack bar; it is not a full service restaurant as has been represented by some of those who oppose the Athletic Club's request for the relocation. The plans for the building were approved in 1974 by the Planning and Zoning Commission of the City of Aspen and the Construction Permit was issued in August of that year. The 1974 approved plans included a small.food facility serving the Athletic Club which is located in the basement of the building. This food facility consisted of an area of 23 square feet (approximately 3.1 feet x 7.5 feet). Subsequent to the approval mentioned above,'the developers were informed that the space allocated.,for. the food facility was inadequate to sufficiently accommodate all of the equipment needed to comply with the health regulations. On the basis of this information, the plans for'the food facility were revised. The revised plans, which are -the subject of the hearing that is being held, relocated the food facility ten feet away from the original facility as approved by the Commission andiexpanded its area to 93 square feet. The food facility serves a lounge area which has couches, chairs and a few tables with a total seating capacity of 24 people. The food facility will dispense soft beverages and prepared food. No alcoholic beverages will be served at the Club. Originally the Athletic Club had intended to have beer and wine available for its members and applied for a liquor license. However, that application has been withdrawn..: `,There will be no grill in the facility, only a warming device. The purpose c �JF,�, Page Two October 7, 1976 of the food facility is to provide members of the club with sandwiches after they work out at the club. It will also provide those members who have a limited lunch hour a chance to eat and exercise within that time. The food facility is not visible from street level and is not open to the general public. To get to the food area, one has to be either a member of the club or pay the daily admission price to the club of $5.00. The food facility will not advertise and will not seek to cater to an independent clientele. I hope this clears up some concerning our request for questions that this letter food facility, please feel number. If you would like about, a tour of the build of the questions you might have the relocation. If you have any does not answer, or concerns about the free to contact me at the above to see the area that we are talking ing can be arranged. Sincerely, David A. Glander Director 7 Z� 2��r Public Notice Notice is hereby giver_ that a Public Hearing will be held on October 5, 1976, at 5:15 PIS in the Citv Council Chambers before the Aspen Planning and Zoning Commission. The hear- ing is to consider a modification of the Aspen Athletic Club food facility pursuant to Section 24 -3.3c of the City Zoning Code. The Aspen Athletic Club is located at 724 F. Hyman St., Aspen, Colorado. A copy of the proposal may be examined in the City /County Planning Office during normal working hours. /s/ Kathyrr. S. IIauter City Clerk WORLDWIDE SKI CORPORATION September 21, 1976 To The Members of the Pitkin Co. Planning and Zoning Commission: It was my intention to appear before this meeting of the P &Z this evening to discuss the proposal before you regarding a snack bar facility to be located In the Aspen Athletic Club. Unfortunately a last - minute family obligation has made it impossible for me to be present; I respectfully request that this letter may be read, however, and that its contents will be included in the minutes of the session. I understand the P &Z's concern that a restaurant located In the athletic club facility might generate automobile traffic. On the other hand, a snack bar serving sandwiches and light beverages is hardly a full - service restaurant. Personally, I intend to use the club facilities during my lunch break. If I am able to pick up a sandwich at the athletic club it wi 11 not be necessary for me to search for a parking place in front of a restaurant elsewhere in Aspen before arriving at the athletic club. Moreover, by nature athletic club members are persons more inclined to walk than drive. I sincerely feel that a food service at the club will not generate traffic. I hope that you will approve the Aspen Athletic Club's request for permission to install a snack bar. As the publicity director for World Pro Skiing, a position %h ich requires considerable travel, I have had the opportunity to visit many athletic clubs throughout the United States. From my first hand experience, it is not unusual, indeed it is the standard, for athletic clubs to provide food service. P.O. BOX 4580 • ASPEN, COLORADO 81811 • (303) 925.7884 World Wide Ski Corporation administers NASTAR, World Pro Skiing, and Bob Beattie Racing Camps, Planning and Zoning Commission City of Aspen 130 South Galena Street Aspen, Colorado 81611 Dear Commission Member: As a member of the Aspen Athletic Club, I am writing in regard to the club's request for permission to relocate and expand a food and beverage facility. It was my understanding, based on the literature distributed by the club, that there would be a food and beverage facility in the club. I think that such a facility would greatly compliment the club in that, after use of the athletic facilities, one could grab a quick bite to eat rather than having to go out for lunch. This is important for those of us who wish to spend our lunch hour at the club and only have a limited amount of time to exercise and eat. The relocation apparently would facilitate the club in putting in the needed facilities to comply with heath regu- lations. I hope that you will grant the Aspen Athletic Club's request for permission to modify their present facili- ties to accommodate the food service area. Sincerely, CC: Chick Collins - Box HH Roger Hunt - Box 3944 Danny Abbott - Box 2265 John Schuhmacker - Box 3528 Olof Hedstrom -.Box 4815 Dick Kienast - 406 14. Smuggler Planning and Zoning Commission City of Aspen 130 South Galena Street Aspen, Colorado 81611 Dear Commission Member: As a member of the Aspen Athletic Club, I am writing in regard to the club's request for permission to relocate and expand a food and beverage facility. It was my understanding, based on the literature distributed by the club, that there would be a food and beverage facility in the club. I think that such a facility would greatly compliment the club in that, after use of the athletic facilities, one could grab a quick bite to eat rather than having to go out for lunch. This is important for those of us who wish to spend our lunch hour at the club and only have a limited amount of time to exercise and eat. The relocation apparently would facilitate the club in putting in the needed facilities to comply with heath regu- lations. I hope that you will grant the Aspen Athletic Club's request for permission to modify their present facili- ties to accommodate the food service area. Sincerely, cc: Chick Collins - Box HH Roger Hunt - Box 3944 Danny Abbott - Box 2265 John Schuhmacker - Box 3528 Olof Hedstrom - Box 4815 Dick Kienast - '406 W. Smuggler f Planning and Zoning Commission City of Aspen 130 South Galena Street Aspen, Colorado 81611 Dear Commission Member: As a member of the Aspen Athletic Club, I am writing in regard to the.club's request for permission to relocate and expand a food and beverage facility. it was my understanding, based on the literature distributed by the club, that there would be a food and beverage facility in the club. I think that such a facility would greatly compliment the club in that, after use of the athletic facilities, one could grab a quick bite to eat rather than having to go out for lunch. This is important for those of us who wish to spend our lunch hour at the club and only have a limited amount of time to exercise and eat. The relocation apparently would facilitate the club in putting in the needed facilities to comply with heath regu- lations. I hope that you will grant the Aspen Athletic Club's request for permission to modify their present facili- ties to accommodate the food service area. Sincerely, CC: Chick Collins - Box HH Roger Hunt - Box 3944 Danny Abbott - Box 2265 John Schuhmacker - Box 3528 Olof Hedstrom - Box 4815 Dick Kienast - 406 W. Smuggler City of Aspen 130 South Galena Street Aspen, Colorado 81611 Planning and Zoning Commission Dear Commission Member: As a member of the Aspen Athletic Club, I am writing in regard to the club's request for permission to relocate and expand a food and beverage facility. It was my understanding, based on the literature distributed by the club, that there would be a food and beverage facility in the club. I think that such a facility would greatly compliment the club in that, after use of the athletic facilities, one could grab a quick bite to eat rather than having to go out for lunch. This is important for those of us who wish to spend our lunch hour at the club and only have a limited amount of time to exercise and eat. The relocation apparently would facilitate the club in putting in the needed facilities to comply with heath regu- lations. I hope that you will grant the Aspen Athletic Club's request for permission to modify their present facili- ties to accommodate the food service area. Sincerely, cc: Chic Collins - Box HH Roger Hunt - Box 3944 Danny Abbott - Box 2265 John Schuhmacker - Box 3528 Olof Hedstrom - Box 4815 Dick Kienast - 406 W. Smuggler fA� . y M e:lIT OrYj 49,E s 197 eo 0� y C. � Tyr 2Jt� I�t ski'• / 76 A 7 r IK SieoKU) ' 6 �o 44 G A , FO-1-41 GCO �5, • I—I pL�vrvs A-1 A —I �.- ��70 Sf ll � 7a/ o ,- MEMORANDUM TO: ASPEN PLANNING AND ZONING COMMISSION FROM: DWIGHT K. SHELLMAN, JR. FOR RE: ASPEN ATHLETIC CLUB's Request for a Use Determination FACTS The Aspen Athletic Club Building was approved under Ordinance 19 in 1974 which was an interim zoning measure pending adoption of a new comprehensive zoning ordinance for the City of Aspen. The Building Inspector approved a set of plans on August, 1974 and issued a building permit. Included in these approved plans is an area in the club designated as a bar with kitchen facilities which has a pass- through to the lounge area. In March of 1975, a new comprehensive zoning ordinance became effective and designated the area where the building is located as an office zone. In an office zone athletic clubs were permitted as a conditional use. In April of 1976 the office zone was amended so as to delete athletic clubs as conditional uses. Subsequent to April, 1976, the Aspen Athletic Club, Inc., was informed that the food facility as it was shown on the approved plans did not contain the proper equipment to pass health inspection. On the basis of this information, the plans were revised to provide sufficient space for the equipment necessary to comply with the health regulations. The change involved a new location of the food preparation area and did not involve an increase in the size of the lounge where the members will sit. The revised food facility will occupy an area of 96 square feet and it is located in the basement of the building so that there is no direct access from the street and the food facility cannot be seen from adjacent properties. T'ne food facility will serve prepared foods, mainly sandwiches and beverages. There will be no griddle or stove in the facility, only a warming device. The food service facility is designed basically to serve the demands generated by the Aspen Athletic Club. INTRODUCTION Aspen Athletic Club, Inc., believes it is entitled to revise the food facility on two grounds. First of all, that the food facility is an accessory use to an athletic club and secondly, that the Aspen Municipal Code provides for such an expansion for non - conforming uses. DISCUSSION 1. SNACK BARS ARE ACCESSORY USES TO ATHLETIC CLUBS. The character of the building determines the customarily incidental uses which are permissible in connection with its use. An accessory use is defined by the Aspen Municipal Code in Section 24- 3.7(a)(2) as "a use that is naturally and normally incidental to, subordinate to, devoted exclusively to the principal use of the premises, and does not change the basic character thereof as determined by its principal use." Obviously, it is a factual question whether a snack bar is customarily incidental to the use of an athletic club. The case law is sparse on this particular question. There is one Pennsylvania case which matter of factly states that an ordinance which permitted a private club with facilities structurally designed for sports and athletic events allows as an incidental use, a canteen. Appeal of Hawcrest Association 160 A. 2d 240 (Pa. 1960). The court neither cited cases nor stated a rational in support of its holding. However, a later Pennsylvania case does give some insight in the kind of - 2 - considerations that must be taken into account when determining whether a use is incidental or not. In Gross v. Zoning Board of Adjustment, 424 Pa. 603, 227 A. 2d 824 (1967), the owner of a bowling alley applied for permission to construct a restaurant and cocktail lounge as an accessory use. The court allowed the restaurant on the following basis: That most bowling alleys have restaurants; that it entailed no expansion to the present building; that it occupied only 3.5% of the business premises; and the income from the facility would constitute only a small fraction of the gross business of the bowling alley. Clearly, the food facility is an accessory use, as that term is defined by the Aspen Municipal Code, and should be permitted as of right. The food facility would not change the basic character of the principal use of the building and it would clearly be subordinated to the principal use. mhe food facility would occupy an extremely small percentage of the building and the income produced therefrom would constitute only a small portion of the gross income of the club. Moreover, a food facility is a use that is naturally and normally incidental to recreational clubs. Almost every golf club, tennis club, bowling alley and swim club, as well as other athletic clubs, have some facility for dispensing food and beverage. The proposed food facility for the Aspen Athletic Club has all the incidents of an accessory use as that term is defined by the Aspen Municipal Code and should be allowed as of right. 2. THE FACT THAT ASPEN ATHLETIC CLUB IS A NON - CONFORMING USE DOES NOT PROHIBIT A FOOD FACILITY AS AN ACCESSORY USE. Hal Clark is mistaken in Comment 1 of his recommendation to the Planning and Zoning Commission. There is no authority - 3 - for his comment that the food facility cannot be an accessory use to a non - permitted use. In fact, there is law to the contrary. Gross v. Zoning Board of Adjustment supra involved this precise question. The bowling alley was allowed as a variance in a residential zone. Pennsylvania has consistently held that a lawful, non - conforming use may validly be expanded by a reasonable accessory use which is not detrimental to the public health, welfare and safety: "We have consistently held that a lawful, non- conforming use ... may validly be expanded by a reasonable accessory use which is not detrimental to the public health, welfare and safety... ". Pennsylvania's ruling in this regard is premised upon the view that the owner of a property to which a lawful, non - conforming use is attached enjoys the vested property rights thereto which may not be abbrogated unless it is a nuisance or abandoned or is extinguished by eminent domain; and that a zoning ordinance cannot preclude a natural and reasonable expansion thereof. It appears to us that a use permitted by variance or special dispensation is comparable and establishes in the property owner a vested right similar to that in a lawful non- conform- ing use situation. If this be so, then logic and fairness compels a conclusion that the granted use may be added to by a normal and reasonable use flowing therefrom." 277 A. 2d 824, 826 -827. So clearly, the food facility can be and is an accessory to a non - conforming use. 3. THE FOOD FACILITY WOULD NOT GENERATE ANY GREATER PARKING DEMANDS IN THE AREA. Hal Clark feels that the revised food facility should be denied because of the potential of increased demands on parking in the area and thefact the Aspen Athletic Club has no reserved parking spaces (Comment 3). Clearly the food facility would not increase the demand on parking at all. The sole purpose of the food facility is to accommodate people already on the premises for other purposes. It would be merely providing the users of the club with the ability to grab a quick lunch without going to other restaurants in town. The food facility will not advertise in any manner and will not generate any independent - 4 - clientele of its own. Moreover, one of the conditions of approval of this project under Ordinance 19 was that no off street parking be provided for the members of the club. The reason for this is that the Planning and Zoning Commission wanted to discourage use of the automobile in the downtown core area. Now Hal Clark is recommending denial of the revision for the very reason that there is no off street parking provided. Aspen Athletic Club, Inc., should not be made subject to this catch 22 in this situation. It is also noteworthy that the adjacent property, which contained the Pitkin County Grainery, does cater to an independent clientele and does not have any reserved parking facilities for its customers. There is no justification for the denial of the Aspen Athletic Club's request for the revised food facility on the basis of insufficient parking, and a denial on such a basis would be arbitrary and capricious. Clearly, the revised food facility would generate no greater burden than is already generated by the building itself with the existing food facility. 4. SINCE THE ATHLETIC CLUB IS A VALID NON - CONFORMING USE IT CAN EXPAND THE EXISTING FOOD FACILITY PURSUANT TO 524- 12.4(b) OF THE ASPEN MUNICIPAL CODE. No one disputes the fact that the Aspen Athletic Club itself and the original snack bar approved under Ordinance 19 are non - conforming uses. This being so, then it seems clear that §24- 12.4(b) applies so that the food facility can be extended throughout the parts of the building manifestedly arranged for it. However, Sandy Stuller, the City Attorney, in a letter to Clayton Meyring which is enclosed in your packet, argues that the status of the Aspen Athletic Club is a non - conforming conditional use ". - 5 - She arrives at this position on the basis that athletic clubs under the office designation prior to the April rezoning were conditional uses; thus the effect of the April rezoning is to make athletic clubs a "non- conforming conditional use ". Sandy then proceeds to assert that any expansion must follow the procedures for expansion of conditional, as opposed to non - conforming uses. This would mean that Section 24- 3.3(c), not 24- 12.4(b), of the Aspen Municipal Code would dictate the procedures for revision of the food facility. I believe that Sandy is relying too much on semantics in arriving at her interpretation of the problem and not enough on basic zoning law. Focusing on the latter clearly shows that 924- 12.4(b) of the Aspen Municipal Code controls the situation in hand. A general definition of non - conforming use is: "A lawful use of premises existing on the effective date of the zoning regulations and continued thereafter, which does not conform to such regulations." 82 Am. Jur. 2d Zoning & Planning, §178. It does not matter in this definition what the nature of the use was prior to the change in zoning, i.e. of right or conditional. For once it becomes a prohibitive use, regardless of its former status, it is non - conforming. The fact that the use was once conditional is rendered moot by the change in zoning that prohibits the former conditional use. Thus, it would seem to follow that the provisions regulating non - conforming uses should control the question of expansion to the food facility. Sections 24- 3.3(c) and 24- 12.4(b) contemplate two distinct situations that cannot sensibly be read together. Either the present use of the Athletic Club is a conditional use or it is non - conforming. It is a non - sequitur to classify the use as a "non- conforming conditional use ". I submit that the athletic club is a non - conforming use and thus subject to the provisions of §24- 12.4(b). — 6 - CONCLUSION The proposed revision of the Aspen Athletic Club food facility can be justified on the basis of either an accessory use to an existing use or a permitted expansion of a non - conforming use. Furthermore, the impact of the revised food facility is negligible in light of the fact that the revision represents simply a change in location and not a more intensive or different use. Finally, the food facility is consistent with uses of adjacent property and would not be an affront to the existing zoning scheme for the area. On these bases I request approval for the proposed revision of the food service area of the Aspen Athletic Club. Respectfully submitted, 1 DWIGH K. SHELLMAN, JR., for DWIGHT K. SHELLMAN, JR., AND ASSOCIATES, P.C. The Wheeler Opera House P. 0. Box G -3 Aspen, Colorado 81611 (303)925 -2710 - 7 - LAW OFFICES DWIGHT K. SHELLMAN, JR. AND ASSOCIATES A PROFESSIONAL CORPORATION THE WHEELER OPERA HOUSE, P.O. BOX G -3 ASPEN, COLORADO 81611 (303) 925 -2710 September 22, 1976 Mr. Hal Clark Planning Office City Hall Aspen, Colorado 81611 Re: Aspen Athletic Club, Inc. Dear Hal: On October 5,1976, Aspen Athletic Club, Inc., will appear before the Planning and Zoning Commission to request a modification of the food facility located in the basement of the club. This modification is being sought pursuant to 924 -3.3 of the Aspen Municipal Code. We would like to hand deliver notice to the adjacent property owners. On the basis of my conversation with Barb, the procedure that we are going to follow is that your office will prepare the notice and our office will hand deliver it to the neighbors. If the above is not satisfactory, please get in touch with me. Otherwise, I am awaiting notification that the notice has been prepared. Sincerely yours, J D ASSOCIATES, P.C. JDS:mfm LAW OFFICES DWIGHT K. SHELLMAN, JR. AND ASSOCIATES A PROFESSIONAL CORPORATION THE WHEELER OPERA HOUSE, P.O. BOX G -3 ASPEN, COLORADO 81611 (303) 925 -2710 September 13, 1976 HAND DELIVERY Mr. Hal Clark Planning Office City Hall Aspen, Colorado 81611 Re: Aspen Athletic Club Food Facility Dear Hal: I would like on behalf of the Aspen Athletic Club, Inc. to request a use determination pursuant to Section 24- 2.1(b) of the Aspen Municipal Code for the proposed expansion of the food facility located in the basement of the Aspen Athletic Club Building. The plans submitted to and approved by the Building Inspector in August of 1974 show a small area adjacent to the lounge designated for food and beverage service. Subsequent to this approval, the Health Inspector in- formed the Club that based upon the plans, the food facility did not have the proper equipment to pass in- spection. On the basis of this information, the plans were revised to provide sufficient space for all the equipment necessary to comply with the health regulations. The food facility will cater primarily, if not solely, to the members of the Athletic Club. The food service area is approximately 96 square feet in size and cannot be seen from either the street or adjacent properties. It will serve prepared food, mainly sandwiches, and beverages. There will be no griddle or stove in the facility, only a warming plate. The food service area is designed basically to serve demands generated by the Club and no one else. I feel that this limited food facility is "an accessory" use to the Athletic Club, so that it would be a use by right. Most recreational clubs, whether it be golf, tennis or athletic, usually have some type of facility to serve food and beverages to their members. The impact of the proposed facility would be minimal since it is Mr. Hal Clark September 13, 1976 Page Two mainly catering to people already on the premises for other purposes and cannot be seen from the street. Moreover, the food facility itself would be compatible with the existing office (0) zone in light of the fact that the neighboring property (Pitkin County Grainery) contains a small restaurant. I would appreciate the opportunity to present this in- formation to the Planning & Zoning Commission at their next meeting which I believe is Monday, September 20th. Thank you for your attention to this matter. S incerely yours, Dwight K. Shellman, Jr. for DWIGHT K. SHELLMAN, JR. AND ASSOCIATES, P. C. DKS:dj City of Aspen 130 South Galena Street Aspen, Colorado 81611 Planning and Zoning Commission Dear Commission Member: As a member of the Aspen Athletic Club, I am writing in regard to the club's request for permission to relocate and expand a food and beverage facility. It was my understanding, based on the literature distributed by the club, that there would be a food and beverage facility in the club. I think that such a facility would greatly compliment the club in that, after use of the athletic facilities, one could grab a quick bite to eat rather than having to go out for lunch. This is important for those of us who wish to spend our lunch our at the club and only ?lave a 11MITed amount of time to exercise and eat. The relocation apparently would facilitate the club in putting in the needed facilities to comply with heath regu- lations. I hope that you will grant the Aspen Athletic Club's request for permission to modify their present facili- ties to accommodate the food service area. Sincere? S -Imo cc: Chick Collins - Box HH Roger Hunt - Box 3944 Danny Abbott - Box 2265 John Schuhmacker - Box 3528 Olof Hedstrom - Box 4815 Dick Kienast - 406 W. Smuggler e 9 € of a street: MEMORANDUM DATE: August 20, 1976 TO: Clayton Meyring FROLS:',Pandra M. Stuller RE: Aspen Athletic Club Clayton, Let me summarize my discussions today with Dwight Shellman concerning the Aspen Athletic Club. I cannot agree that the snack and liquor bar is an accessory use; nor do I agree that that use was approved by the P &Z during the Ordin- ance- 19 .reivews. However, at the time they were preparing their plans they were r_onLtructing in an 0 district in which . athletic clubs" were a conditional use. The P &Z approved a snack .bar (prepared foods) in a small area near the area where an enlarged one is now proposed. Their most recent plans now anticipate a larger snack bar area, the preparation of foods on the site and the dispensing of alcohol. Section 24 -3.3 prevent; the enlargement or expansion of a conditional use unless "the enlargement or expansion receives the prior_ approval of the V &j which approval shall be obtained by repetition of the granting procedures herein provided ". So, at a minimum, the revised plans must he resubmitted to the P &Z for approval. I also inform.cd Dwight that unless the busies ess is designed to prepare full meals at the snack bar, they could not apply for a two -way license. pie agreed and determined, insteau, to apply for a tavern license M new type of license requiring sale only of sardwiches and light snacks). By copy of the memo I am advising Kathy that they wish to amend their application, publish notice for a tavern license, and abandon their original application for a beer and wine. One matter gives me difficulty yet and that is the recent amendments to the code which merge. the 0 and 0 -2 dis- tricts and do not show athletic clubs as e=ither a conditional. or permit:tcd use in the resulting now 0 district. Section 24- 12.4(b) reads, however: Nemorandum to Clayton Meyri -ng August 20, 1976 Page 2 Any nonconforming use may be extended throughout any parts of a building which were manifestly arranged or designed for such use at the time of the adoption or amendment of this code, but no such use shall be extended to occupy any land outside such building. Consequently, if the snack area were constructed prior to these recent changes, the amendments probably do not affect this application. However, I am copying John into this memo and request some comment as to exactly the construction and adoption timing so I can determine if the use is appropriate at all given the interim effects of the recommendation. SMS : ric cc Kathy Hauter John Stanford P L 3�) south q:jvi. .,ia street aspen, co> cr)vodo, ' B 16 1 1 MEMORANDUM DATE: August 20, 1976 TO: Clayton Meyring FROM;i�:Gandra M. Stuller RE: Aspen Athletic Club Clayton, Let me summarize my discussions today with Dwight Shellman concerning the Aspen Athletic Club. I cannot agree that the snack and liquor bar is an accessory use; aor do I agree that that use was approved by the P &Z during the Ordin- ance_- 19 .rei.vews, However, at the time they were preparing their plans they were constructing in an 0 district in which . athletic clubs" were a conditional use. The P &Z approved a snack bar (prepared foods) in a small area near the area where an enlarged one is now proposed. Their most recent plans now anticipate a larger snack bar area, the preparation of foods on the site and the dispensing of alcohol. Section 24 -3.3 prevents the enlargement: or expansion of a conditional use unless "the enlargement or expansion receives the prior approval of the QQ which approval shall be obtained by repetition of the granting procedures herein provided ". So, at a minimum, the revised plans must he resubmitted to the P &Z for approval. I also inform ^d Dwight that unless the business is designed to prepare- full meals at the snack bar., they could not app for a two - way license. He agreed and detenained, instead!, to apply for a tavern license (a new type of license requiring sale only of sandwiches and light snacks). By cony of th.s memo I am advising Kathy that they wish to amend their application, publish notice for a tavern license, and abandon their original appl.icaLion for a beer and wine. One mattci gives me difficulty yet and recent amenMents to the coda which merge the 0 tr:i.ct5 and do not show athletic clubs as either or permitted use in the resulting now O district 24- 1 2.4(b) reads, however: that is the and 0 -2 dis- c conditional. . Section V _.L.. I. '': ...". if L= Vii �.•. '_ %'� •_ . - �K 23.25 sq. ft. A. _ V X93 sq. ft: < a . I ! I f y_ S • � I 1 � r _ n � i. i i• .... - _ A � a . I ! 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'• a?t�.'y�k r3.p s ':��?. � � I -�-# 0 �. :r" S -r ra. _ .._ _ `_. - VOW � so TO: Aspen Planning Commission FROM: Planning Staff (HC) RE: Aspen Athletic Club - Food Facility Request DATE: September 17, 1976 This is a request by the Aspen Athletic Club for expansion of a food facility. The Planning and Zoning Commission under Ordinance 19 Review had previously approved a snack bar (prepared foods) small area near the area where the enlarged one is now proposed. It should be noted that the Athletic Club has applied for a tavern license. The approval of which requires the sale of sandwiches and light snacks. Building plans will be submitted to the P & Z for your review at the P & Z meeting. The comments of the Planning Office are as follows: 1. Restaurants (food facilities) and /or athletic clubs are no longer a permitted or conditional use in the Office zone. Therefore, technically the food facility cannot be an accessory use to a nonpermitted use. 2. Since the restaurant and athletic club are non - conforming, Section 24- 12.4(b) may apply which reads as follows: "Any nonconforming use may be extended throughout any parts of a building which were manifestly arranged or designed for such use at the time of the adoption or amendment of this code, but no such use shall be extended to occupy any land outside such building." 3. The Athletic Club building has no reserved parkLng on -site. Addition to the uses allowed in the building would aggreviate this congestion problem. 4. The Planning Office recommends denial of the applicant's request as it is an extension to an existing non- conform- ing use and not explicitly approved under Ordinance 19. MEMORANDUM TO: Aspen Planning Commission FROM: Planning Staff (HC) RE: Aspen Athletic Club - Food Facility Request DATE: September 17, 1976 This is a request by the Aspen Athletic Club for expansion of a food L facility. The Planning and Zoning Commission under Ordinance 19 Review had previously approved A snack bar (prepared foods) small a area near the area where the enlarged one is now proposed. It should be noted that the Athletic Club has applied for a tavern license. The approval of which requires the sale of sandwiches and light snacks. Building plans will be submitted to the P & Z for your review at the "` ✓"� P & Z meeting. The comments of the Planning Office are as follows: 1. Restaurants (food facilities) and /or athletic clubs are no longer a permitted or conditional use in the Office zone. Therefore, technically the food facility cannot be an accessory use to a nonpermitted use. 2. Since the restaurant and athletic club are non - conforming, Section 24- 12.4(b) may apply which reads as follows: "Any nonconforming use may be extended throughout any parts of a building which were manifestly arranged or designed for such use at the time of the adoption or amendment of this code, but no such use shall be extended to occupy any land outside such building." 3. The Athletic Club building has no reserved parking on =site. Addition to the uses allowed in the building would aggreviate this congestion problem. 4. The Planning Office recommends denial of the applicant's request as it is an extension to an existing non- conform- ing use and not explicitly approved under Ordinance 19.