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Home My WebLink Aboutcoa.lu.cu.Fry By Night.1982rr. L/ �" 4"n �cv � s �i *L zw , 46 acK /Od coo �vv w 0) i70 &Ox Q, S7 J 4!547/L) J LZjj� kW �loe,� 96 A ,000 cmteovw z4oa- - go)c z,54�v/ A/;2vd S giN 1/f4 , fox /�Ws, ,4lod!;j 'lock 99 - -�� e 2ox /645; �s/J� /5/0/ Z L04�'�/pewc z 14s l�� ,�s, l/E k9,0040 • AGENDA ASPEN PLANNING AND ZONING COMMISSION July 6, 1982 - Tuesday 5:00 P.M. CITY COUNCIL CHAMBERS Regular Meeting I. COMMISSIONERS' COMMENTS II. MINUTES III. PUBLIC HEARINGS A. Fry by Night Doughnuts - Condition Use B. Nonconforming Lodge Zoning C. Permitted and Conditional Use Tables IV. ADJOURN MEETING MEMORANDUM TO: Aspen Planning and Zoning Commission FROM: Colette, Penne, Planning Office RE: Fry by Night Doughnuts - Conditional Use DATE: July 6, 1982 Location: 308 S. Hunter Street, garden level. Zoning: C -1. Applicant's Request: To operate a retail donut shop in the garden level at 308 S. Hunter, in the C -1 zone. Referral Comments: City Attorney "This application states a rp ima facie case for a C -1 conditional use and should be reviewed under Section 24 -3.3. If the use is granted, the applicant's special attention should be called to 24- 3.3(c)." Environmental Health Conceptually there is no objection to this operation. The Food Service Rules and Regulations require submission of detailed plans to the Environmental Health Department. The recommenda- tion is that the conditional use permit be made conditional on the operator's meeting all of the requirements of the Food Service Rules and Regulations and obtaining approval from this department. Planning Office Review According to the earlier criteria of conditional uses in the C -1 zone, a "coffee shop or food service intended as a non - tourist oriented sit -down facility with a limited fare of specialty items, to be served as accompaniments to such activi- ties as reading... or other passive activity, and provides that the operation: (1) has no kitchen; (2) has no food preparation other than warming on the premises; (3) has no liquor service on the premises." Ordinance No. 9 (Series of 1981) added res- taurants as a conditional use in the C -1 zone. The operation proposed by Fry by Night Doughnuts fits the more restrictive earlier criteria. The orientation of the garden level of the building at 308 S. Hunter is such that the surrounding neighbors are all commercial uses. The proposal is for a low- impact coffee shop with a limited fare of doughnuts, juices and coffee. Any expansion of this conditional use would be required to go through further reviews. Planning Office Recommendation The Planning Office recommends that you grant conditional use approval for a retail donut shop in the garden level at 308 S. Hunter with the following condition: 1. The operators submit detailed plans to the Environmental Health Department for approval. LAW OFFICES AUSTIN MCGRATH & JORDAN 600 EAST HOPKINS AVENUE SUITE 20S RONALD D. AUSTIN ASPEN, COLORADO 81611 J. NICHOLAS MCGRATH, JR. AREA CODE 303 WILLIAM R. JORDAN III June 30, 1982 TELEPHONE 925 -2600 S. LEE SCHUMACHER GRAY A. YOUNG HAND DELIVERED Aspen /Pitkin County Planning Office 130 S. Galena Aspen, CO 81611 Re: R.J. Food Products, Inc. -- application for conditional use approval Ladies and Gentlemen: This application is for conditional use approval for a non - tourist oriented donut shop, with incidental coffee service, in the Century Square building at 308 S. Hunter Street, which is in the C -1 zone. The applicant is R.J. Food Products, a corporation wholly owned by Judy Topol, who owns Little Annie's Restaurant, and Randy Jenkins. Judy and Randy have already negotiated a lease with Jerry Long, the owner, for space on the garden level of that building. It is approximately 500 square feet. Judy and Randy have a wholesale donut preparation and delivery business that operates out of space at the Aspen Airport Business Center. The purpose of this small place in town is to sell some of those donuts at retail primarily to locals who desire them early in the morning. They plan to open from 6:30 a.m. until business ceases later in the morning. The only other service would be of coffee, milk, juices, pop, etc. as incidental to the sale of donuts. And there will not be more than a few tables to seat no more than 15 people. The C -1 zone in which this building is situated has the intention "to provide for the establishment of commercial uses which are not primarily oriented towards serving the tourist population." Permitted uses include medical and dental clinics and offices; clubs; churches; public buildings; including, although the listing in the Code is broader, photo stores; art galleries; hobby and craft shops; jewelry stores; and service commercial establishments. More importantly, there is listed as a conditional use in the C -1 zone a coffee shop or food service intended as a non - tourist facility provided that the operation has no AUSTIN MCGRATH & JORDAN City of Aspen Planning Office June 30, 1982 Page 2 kitchen; has no food preparation other than warming on the premises; and has no liquor service on the premises. As explained above, the donuts are prepared and cooked at the wholesale facility at the Airport Business Center; therefore, this facility will have no food preparation other than warming coffee on the premises; there is no kitchen as they do not plan to cook foods, but rather will serve only donuts, etc.; there will be no liquor service; and the overall intent will be to offer donuts primarily for early workers, construction workers in the summer, etc., i.e ., primarily non - tourists. It is our understanding that the C -1 zone has been amended to include complete restaurant uses. However, this application meets the more restrictive conditional zone as indicated above. While it may not be a required finding, the applicant believes that this conditional use would not adversely affect any other use in the building (and the owner obviously agrees since he has leased space to Judy and Randy for that purpose) or in the area. The applicant believes that within the meaning of §24 -3.3 of the Aspen Municipal Code the proposed use otherwise complies with all requirements imposed by the zoning code, is consistent with the objectives and purpose of the zoning code and the applicable zone district, and that the use is compatible with surrounding land uses and uses in the area. Thank you for your consideration. Sincerely, AUSTIN, MCGRATH & JORDAN By L)" 0 C Gqd, J. Nicholas McGrath, Jr. JNMjr /dw ASPEN *PITKIN ENVIRONMENTAL HEALTH DEPARTMENT MEMORANDUM TO: FROM: DATE Colette Penne, Planning Office I� s JU 9 1982 'tf +t'EN / FITKpy CO. PLANNING OFFICE Lee Cassin, Environmental Health Officer q t L June 24, 1982 RE: Fry By Night Doughnuts - Conditional Use ---------------------------------------------- ---- - - - - -- This office has reviewed the letter submitted by Judith Topol requesting conditional use approval for a retail doughnut shop in Aspen. This office has no objection to such a operation, conceptually. However, the Food Service Rules and Regulations require submission of detailed plans to this office for a retail operation such as the one proposed. No such plans have been received by this office. Therefore, it is impossible for us to comment on whether this operation meets the requirements of the Food Service Rules and Regulations. We would recommend that the conditional use permit be made conditional on the operators meeting all of the requirements of the Food Service Rules and Regulations and obtaining approval from our department. LC /co 130 South Galena Street Aspen, Colorado 81611 303/925 -2020 r' IL d/cw� k pa-z - A c1Oiv A� QA�ed 47 � 4C.2001,1 A, 7�) 5 .ems'/ SO o 9Olk 4w,e / 7 ®ti 4e:� cic x owsjr, ;?fie 4,- /lA;s, �- hA� sue, 4Ac-:: pllice ;�J 1, -t us �Na ock A S6 �i,. -1;aw4 0� /. CrJ� �A / A 9UA� . f7A�Y�f� G�l�a� sA�E c9 o MEMORANDUM TO: Paul Taddune, City Attorney Tom Dunlop, Environmental Health Department Fire Marshal /Building Department FROM: Colette Penne, Planning Office RE: Fry By Night Doughnuts - Conditional Use DATE: June 22, 1982 Attached is an application submitted.by R. J.`s Food Products, Inc., also known as Fry By Night Doughnuts, for a conditional use approval to operate a retail doughnut shop in the C -1 zone. The proposed location is 308 S. Hunter Street, Aspen, on the garden level.. This item is scheduled for a Public Hearing on July 6, 1982 at City P & Z -- therefore, please respond with comments by Tuesday, June 29. We realize this does not allow much referral time; please let us know if you have a problem with this. Thank you. Lai MEMORANDUM DATE: June 23, 1982 TO: Colette Penne FROM: Gary Esary4*— PEN eet 611 RE: Fry By Night Doughnuts - Conditional Use This application states a prima facie case for a C -1 conditional use and should be reviewed under Section 24 -3.3. If the use is granted, the applicant's special attention should be called to 24- 3.3(c). Ms. Topol, of course, has substantial experience in the Aspen retail food - service business and should know her market. However, experience has shown (Say Fromage comes to mind) that there are practical pressures on such C -1 non - kitchen coffee shops to evolve into restaurants, which, while still a conditional use, would require additional approvals. GSE /mc (�G P6y � /r / /� &C pu�.0 cy o E ,C oc�9 f�t� .s?T �Cl�' �i . /' /-zvx C� � ✓��/ /%S C�J Cry moo. (Jid / 1" /c C G f{ c.J i z Sv c fi A v/ C�G�i /T/GN/A ,i,22 -�-- d� 7� PUBLIC NOTICE RE: Fry by Night Doughnuts - Conditional Use NOTICE IS HEREBY GIVEN that a Public Hearing will be held before the Aspen Planning and Zoning Commission on Tuesday, July 6, 1982 at a meeting to begin at 5:00 P.M. in the City Council Chambers, City Hall, 130 S., Galena, Aspen, to consider a conditional use application submitted by R..J..'s Food Products, Inc. for a retail doughnut shop in the C -1 zone at 308 S. Hunter Street, Aspen, on the garden level. For further information, contact the Planning Office, 130 S. Galena, Aspen, 925 -2020, ext. 223. s/ Perry Harvey hairman, Aspen Planning and Zoning Commission Published in the Aspen Times on June 24, 1982 City of Aspen Account CERTIFICATE OF MAILING I hereby certify that on this 21 st day of June, 1982, a true and correct copy of the Notice of Public Hearing re- garding Fry -by -Night Retail Shop was deposited into the United States mails,f `Ipo�sstage� prepaid, and anfdf addr to the following: ( a �T1�persons- espies- were_se_nt - -te) l S/eif Awe x,, /- �i� eve 7 71' lvu , "/A 91161 �AA 1.�. i-