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Home My WebLink Aboutcoa.lu.cu.Fry By Night.1988TO: Dudleys /Fry -by -Night file FROM: Cindy Houben, Planner RE: Case Disposition: Conditional Use Restaurant in the C -1 Zone District DATE: 9/21/88 approval for a The Planning Commission reviewed the Dudleys Fry -by -Night Conditional Use for a restaurant in the C -1 zone district at a public hearing on September 20, 1988. This was approved with the following conditions: 1. All representations of the applicant shall be considered conditions of approval. 2. The applicant shall comply with the Environmental Health requirements as listed in their memorandum dated August 17, 1988. 3. The restaurant shall be a locally oriented restaurant with periodic review. The Zoning Official shall provide a written report to the Planning Commission regarding the restaurant operation. The restaurant shall remain open for a majority of the off seasons and the menu shall be of a type and price structure to serve the local residents. 4. The applicant shall remove the trash receptacles from the public right -of -way prior to opening the restaurant. 5. Prior to operation of outdoor seating, the applicant shall submit drawings of the proposed outdoor dining area. These shall be reviewed by the Planning Commission pursuant to Section 3 -103. 6. Service access to the restaurant shall be by the entrance at the back of the restaurant and shall include a ramp and paved access to the ramp from the alley. 7. No parking shall be allowed in the back pull out service area. ch. fry2 A G E N D A ASPEN PLANNING AND ZONING COMMISS'. September 20, 1988 - Tuesday 4:30 P.M. Old City Council Chambers 2nd Floor City Hall REGULAR MEETING I. COMMENTS Commissioners Planning Staff II. MINUTES PUBLIC HEARINGS 0 Fry By Night Conditional Use � B. Rio Grande Conceptual Spa Amendment, Stream Margin s Review _ (. IV. ADJOURN MEETING Note: The City Council meeting with Historic Preservation Committee is on Thursday, September 22nd. a.cov TO: Aspen Planning and Zoning Commission FROM: Debbie Skehan, Planning Office RE: Upcoming Meetings DATE: September 16, 1988 This is a list of your upcoming meetings. Special Meeting - September 27th Displacement /Affordable Housing Code Amendments Regular Meeting - October 4th Shaw & WPW Joint Venture Lot Line Adjustment Wheeler Square Building GMQS Exemption Brand Building Conditional Use Regular Meeting - October 18th Displacement /Affordable Housing Code Amendments Regular Meeting - November 8th CC /C -1 and Office Zones Commercial GMQS Scoring A. NEXT MEMORANDUM TO: Aspen Planning and Zoning Commission FROM: Cindy Houben, Planning office RE: Fry by Night Conditional Use DATE: September 20, 1988 APPLICANT: Paul' udley REQUEST: Approval of a Conditional Use to operate a restaurant in the C -1 zone district. LOCATION: Centennial Square Building, 308 S. Hunter Street, Block 100 1/2 of Lots A, B, and C,; where the existing Fry By Night is located. DESCRIPTION OF THE PROPOSAL: The applicant proposes to operate a full service restaurant in the C -1 zone district. This requires a Conditional Use approval by the Planning Commission. The existing approval for Fry By Night states that a kitchen is not allowed in this operation. The food is to be cooked elsewhere and brought to the operation. Paul Dudley is now requesting to operate a full service restaurant which includes an on -site kitchen, bar and outside patio dining. The use of the patio for outdoor dining is a use which must be reviewed pursuant to section 3 -101. The proposal is for a total of 60 seats in 2000 square feet of restaurant. The applicant plans to expand into the adjacent, vacant store area. REFERRAL COMMENTS: ENGINEERING: In a memorandum dated September 8, 1988 the Engineering Department made the following comments: 1) Pursuant to section 5 -210 (e) in the Aspen Land Use — Regulations, the applicant is requiXed to provide three off - street parking spaces for hisiN� square feet of commercial space. The applicant has indicated there are only three off - street parking spaces available for the entire building. 2) The location of the existing 2 yard dumpster is now within the 20 feet right -of -way of the alley adjacent to this building. Since Code requires an emergency access width of twenty feet in an alley, it is our recommendation that this dumpster be relocated. ENVIRONMENTAL HEALTH: In a memorandum from the Environmental Health Department, Lee Cassin makes the following comments: AIR QUALITY: If a charbroiler is installed it will have to be equipped with an electrostatic precipitator or equivalent control device approved by this office. The operator should be aware of the Aspen Clean Indoor Air Act which requires signs at the entrance and prohibition of smoking in the establishment. CONFORMANCE WITH OTHER LAWS: The Colorado Rules and Regulations Governing the Sanitation of Food Service Establishments makes no distinction between coffee shops and restaurants. The limited food preparation that was done in the coffee shop may mean that for a more full- service menu, additional equipment may have to be purchased. The outside patio was never approved by this office. Our approval is required for addition of seats. Therefore, outside seats may not be allowed without additional bathroom facilities. For 60 total seats, if no other food service establishments are sharing the restrooms, the requirement is one toilet, one sink and one urinal for men, and one toilet and one sink for women. These restrooms must be available to customers whenever the establishment is open. Prior to any construction or remodeling or equipment purchase, the operator will need to contact this office with plans. STAFF COMMENTS: 1. The definition of a restaurant includes a provision which states if a restaurant is located off ground level that it shall have the use of an elevator or dumbwaiter for service access. The definition reads as follows: "Restaurant means a commercial eating and drinking establishment where food is prepared and served indoors, for consumption on or off premises. A restaurant shall only be permitted to prepare or serve food outdoors, in required open space, when approved by the Commission pursuant to Sec. 3 -101, Open Space. A restaurant shall be required to have service delivery access from an alley or other off - street service delivery area. If the restaurant is located off ground level, it shall have use of an elevator or `a dumbwaiter for service access." The application does not state that this is currently available or will be installed. The dumbwaiter is a requirement of a restaurant located off ground level. The intent of this provision is to make sure that service delivery vehicles are out of the alley as quickly as possible in order to reduce congestion in the alley ways. The Centennial building has a service entry off to the rear of the building which includes a pull out area for service trucks. Currently the service area has a stairway rather than a ramp leading into the Fry By Night space. It is the feeling of the Planning Office that the intent of the dumbwaiter provision can be met by modifying the existing stairway to a rampway and by making a condition that all service deliveries must use the pull out space in order to leave the alleyway open for other service vehicles. The entrance to the restaurant area includes a handicap ramp, however this should not be used for the restaurant service deliveries because the trucks will park as close as possible to the ramp and block the alley. If the Planning Commission agrees with the Planning Office that the pull out space and a service ramp meet the intent of keeping the alley clear from service delivery congestion then the above conditions should apply. Section 7 -304, sets the review standards used for the review of a conditional use. These standards and a response are listed below: A. STANDARD: The conditional use is consistent with the purposes, goals, objectives and standards of the Aspen Area Comprehensive Plan, and with the intent of the Zone District in which it is proposed to be located. RESPONSE: The proposed location is within the Central Area as designated in the 1973 Comprehensive Plan. The description of this area reads as follows: "To allow the primary use of land for tourist commercial activity that is essential to the community's economic vitality in an area that relates well to the proposed public transportation system, the ski area and existing tourist oriented businesses. Ordered yet diversified land uses, such as resident related commercial, residential and professional office uses, should be located on the fringe of the central area..." The purpose of the C -1 zone district is to allow the operation of commercial uses which are not primarily oriented towards serving the tourist population., The Fry By Night operation, as it exists, is primarily a locally oriented breakfast spot. The proposal is to create a full service restaurant with take -out service. The application notes that the C -1 zone district is intended to be diversified, however, that the Central core is obviously expanding (Mezzaluna's, Lauretta's and other restaurant and retail shops). The applicant feels that Dudley's /Fry By Night would be an asset to the area because 1) currently no one serves breakfast starting at 6 am for the locals, 2) the restaurant has a small capacity, 3) Dudley's is locally oriented and has had a strong local following for the past nine and a half years. B. STANDARD: The conditional use is consistent and compatible with the character of the immediate vicinity of the parcel proposed for development and surrounding land uses, or enhances the mixture of complimentary uses and activities in the immediate vicinity of the parcel proposed for development. RESPONSE: The building in which Fry By Night is located houses a small lunch and dinner restaurant, a children's store, a beauty salon and a bedding outlet. The applicant feels that Dudley's /Fry By Night restaurant will compliment the other businesses since they all depend on walk through traffic. The applicant feels that they would be offering the working people in the surrounding office and retail uses a choice for meals without taking tourist business from the commercial core or adding to congestion. C. STANDARD: The location, size, design and operating characteristics of the proposed conditional use minimizes adverse effects, including visual impacts, impacts on pedestrian and vehicular circulation, parking, trash, service delivery, noise, vibrations and odor on surrounding properties. RESPONSE: No alterations to the existing building will be made as a result of this proposal. The applicants feel that serving breakfast at 6 am will not cause any traffic congestion or parking problems. Hunter Street is currently one hour parking and the applicant does not feel that there is a problem between the hours of 6 and 9 am. The lunch traffic would be pedestrian oriented since the restaurant will be primarily oriented towards the local, in town worker. As noted in the Engineering Department concerns, the new Land Use Code requi es that an applicant provide three parking spaces per square feet (1.5 per-4M0 sq. ft.). However, the building (square footage) is already in 4 existence and therefore does not require that parking now be provided. The issue before the Planning Commission is whether or not the Conditional Use of a restaurant has impacts which create a greater demand for parking than the allowed uses in the C -1 zone district (retail). The applicant has indicated that there are currently only 3 spaces available for the entire building. By requiring that service deliveries be made in the back pull out area at least 2 of those spaces are eliminated. The Planning Office agrees with the applicant that there are no additional pressures on the parking situation during the breakfast and lunch times. The parking demand along Hunter begins to significantly increase around 9 A.M. and the argument that the lunch traffic would be primarily pedestrian oriented is acceptable. Dinner traffic however appears to be a problem. Our traffic studies only run through 6 P.M., however we believe that during peak seasons it can be proven that parking in this area during dinner hours is a problem. Thus the Planning Office feels that the impacts can be mitigated by either not allowing a night time restaurant use or by requiring a cash in lieu payment for the parking spaces. The applicant would be adding approximately 2000 square feet of additional (dinner) area. The Code standard is that 1.5 spaces per 1000 square feet of space be provided. This can be met through a,�$j,;000 per space cash in lieu payment for a total of $.!4�;�96� due. We realize that this is a substantial burden for a locally oriented restaurant and would suggest that this condition only be imposed at such time the applicant begins to serve dinner. The application states that dinner service will take place at a later time (the primary restaurant business would be lunch and breakfast) if there is a demand. Deliveries would be handled as they currently are, in the alley. Trash removal will also be handled in the alley where the dumpsters currently exist. No noise or vibration will occur as a result of the operation. As noted in the Engineering comments, the existing dumpster is located within the alley (within the Public right -of- way) . The Engineering Department requires that the dumpster be removed and placed outside of the 20 foot emergency access requirement for the ally. D. STANDARD: There are adequate public facilities and services to serve the conditional use including but not limited to roads, potable water, sewer, solid waste, parks, police, fire protection, emergency medical services, hospital and medical services, drainage systems, and schools. W 01. �+ RESPONSE: The proposed location is serviced by all applicable public facilities such as water and sewer and is located in close proximity to emergency medical and fire protection facilities. E. STANDARD: The proposed conditional use complies with all additional standards imposed on it by the Aspen Area Comprehensive Plan and by all other applicable requirements of this chapter. RESPONSE: The applicant notes that Dudley's /Fry By Night will comply with all zoning, building and Environmental Health regulations. In summary, the Planning Office generally agrees with the applicant that the restaurant should be approved as a conditional use in the C -1 zone district, however it is important that specific representations become conditions of approval with regard to the operation in order to insure that it is not primarily a tourist oriented commercial use. 4. The applicant is requesting that outdoor dining be allowed in the below grade court yard area. Section 3 -101 states that this activity may occur in required open space if it is compatible with or enhances the purpose of these open space requirements and that adequate pedestrian and emergency vehicles access will be maintained. The application did not adequately illustrate the proposed seating arrangement, therefore, the Planning Office recommends that the outdoor dining request be reviewed at a later date. RECOMMENDATION: Approval of the Dudley's /Fry By Night Restaurant in the C -1 zone district as a Conditional Use with the following conditions of approval: 1. All representations of the applicant shall be considered conditions of approval. 2. The applicant shall comply with the Environmental Health requirements as listed in their memorandum dated August 17, 1988. 1 1 / a , "�k hF;�^,r�S�X X40 ,,4 /i,nGtt gP�(�K t425 GJ t �3. The restaurant shall remain open f r a majority of the off seasons and the menu shall be of a type and price structure r, +. to serve the local residents. 4. The applicant shall remove the trash receptacles from the public right -of -way prior to opening the restaurant. 6 5. The applicant shall submit drawings of the proposed outdoor dining area in order for these to be reviewed by the Planning Commission pursuant to Section 3 -103. 6. The- ajgp37i- CWht- `§ha -n submit or- -parking cash, - iii -I eu at sucb__t4 aer -"t4iner is served at the Dudl -ey' s /Fry °' By- M�� restaurant. 7. -fn, service access to the restaurant and shall include a ramp entrance. ;' u __ 8.r No services shall be made via the front andicap ramp. —Parking shall be allowed in the back pull out service area. ch.fry f Y I NP�� lr . fc ri RECORD OF_PROCEEDINGS PLANNING 6 ZONING COMMISSION___________ SEPTEMBER 29, 1988 FRY BY NIGHT COBIDITIONAL USE MOTION Michael: I make a motion - -I think Roger Is concerns are absolutely correct. Jasmine's concerns are absolutely correct. But I think we have got to balance the concerns that we would like to have in a perfect world with the constraints we have under reality. I think the reality is we need a local's restaurant. We can't have a local's restaurant if we are going to make them put bathrooms in and make them pay for employee housing and it just is not going to work. aI would like to make a motion that we approve the application With all of the conditions or suggested by the staff with the exception of #3 and #6. Welton: #3 is a standard condition for C -1 restaurants. Michael: Leave #3 in. Roger: because I had forgotten that there was sidewalk or whether you have to ao across gravel or just what but in the turn of events should include some sort of a paved access to the alley v Michael: That is my motion ____________ ' ?: #9 I am sorry Roger: I am in a horrible dilemma because as much as I would appreciate a local's restaurant I would have problems with identifying the applicant's and particularly space and giving approval on the basis of the applicant's when - -OK- -that works great for the duration of the applicant's residence of the space. However, when that space is sold, you may have anyone take over that space and you still end up with problems and it is not addressed. In this case I think maybe employee housing could probably do something with but I just got a horrible problem with the human services aspect of it in this particular building. The building wasn't designed to have restaurants in it unfortunately. Michael: I agree with what you are saying but I don't think a good restaurant like Gordon's or something of that caliber could go there. But I think the natural constraints of the space are going to provide that we are always going to have a local's oriented restaurant in there. I certainly recognize your concern and I think it is legitimate but I am just trying to approach it on a more practical vein. I .n would certainly hate to see them turn next month to Gordon's and have it would be wrong. But I don't think can't charge $50.00 for a piece of into the alley to go to the bathroom. Pzr19.20.88 around and sell their lease be a Gordon's annex. That Gordon's could do it. You fish and tell people to go Jasmine: About the whole evolution of Loretta's - -I share a lot of Roger's concerns and I am really distressed that it falls upon this applicant who, it seems to me very clearly because of the applicants themselves we can have a certain reliance of the local oriented good quality, inexpensive restaurant that they could provide and so I am really very torn in that sense because of who the applicants are but you are not always going to be the people in that space. And so we have to consider what might happen in the future what the possibilities are. we have to face - -- -all of a sudden we have got Loretta' s in there which is pretty much a full service restaurant. And I don't know how it happened. Cindy: I can explain a little bit about that. I did some research when Paul first came on the Loretta problem. It turns out that that was a mistake. They were given building permits and a permit to operate - -that was a mistake. They did not come through the planning process. Jasmine: I don't remember seeing anything about Loretta's as a restaurant and suddenly there it is. Whether it should be there or shouldn't be there - -the point is that it never came to get a judgement like this. And here are people who are actually following the rules and are getting screwed which really makes me uncomfortable. I share all of Roger's concerns plus my own concerns about a restaurant operation in that location. Roger: I can support this - -I can't now as it exists - -but I can't now as it exists. But I could support it if it is legal and I don't know that it is legal that a condition that this approval runs with the ownership of this applicant. I would have no problems with that in that case but is that legal? Cindy: I would have to ask Fred. I think that it would not be legal. You could put a time limit on the permit though if that would work - -that you want to look at this application again in a year to see if conditions are met and that it complies with the intention of the zone district. That sort of thing would be another approach to that. I don't feel that we could limit it to an applicant. Roger: I trust Paul. But I have to look at in a greater sense- - what happens after Paul? It seems unfair to come up with a 2 A4 �. PZM9.20.88 review every two years but if that is a way of doing it then I could live with that. Michael: I don't know if it is legal or not, but I can live with it as long as we have the understanding that - -if Paul turns around and decides to sell his operation, and it is still that basic kind of operation that we are not going to turn around and say no we want Paul in there. Welton: There was a motion on the floor with no second. Michael: I amend my motion so we add one additional condition that every 2 years the Planninq Office check to make sure that it is still a local's oriented restaurant. Cindy: I would like to tighten it up enough so that we are saying the conditional use permit will expire within 2 years if the applicant does not submit an application to the Planning Office showinq conformance. Michael: No. I want ;you to do it. I don't want them to do it. This is a representation that they are making. If they don't live up to their representation then whatever the enforcement agency of the City of Aspen is will come in. What happens if these people forget? Cindy: Maybe what we should do is just tighten up #3 then with some language that the restaurant shall be a locally oriented restaurant and this is a definite condition of approval and it shall not be a tourist oriented. Condition #3 will be tightened to say that this shall be locally oriented. Michael: Compliance with condition #3 is a condition of conditional use. Roger: I would like to see that a little more tightened up though. As I mention in my scenario - -right now it is luncheon and breakfast. What happens with dinner and then what happens with a bar. It may be locals oriented but I end up with more and more trouble with it. Paul: If we did go with a liquor Health is qoing to want us to put urinal. The ones upstairs - -there amount. In the future to do somethi us to put something in. They will. and your liquor license puts you on facilities. 3 license the Environmental in another lavatory or a is only room for a certain no like that they might ask According to your seating a whole different chart of PZM9.20.88 Roger: I would have much less problem with a beer and wine license -- limited license -- because I consider that a beverage with food as opposed all of a sudden a bar where you have beer busts and things like that. Michael: I could put in my motion a condition that it only be a beer and wine license. Roger: I would like to see somehow or another a periodic review - -I don't mean it is a re- application but I would like to see a periodic review. Welton: Do you want to put into #3 "A zoning officer will review the representations made with this application on a by- annual basis providing written reports to the Planning, Office confirming that the representations with this application have been substantially met. Roger: I can live with that. Michael: That's it. My motion is amended to this affect. ?: I need a clarification on U. Cindy: I would take out everything up to "service" and then "service" will become the beginning of the sentence. Roger seconded the motion. Welton then closed the public hearing. Everyone voted in favor of the motion except Jasmine. 4 TO: Aspen Planning and Zoning Commission FROM: Cindy Houben, Planning Office RE: Fry by Night Conditional Use DATE: September 20, 1988 APPLICANT: Paul Dudley REQUEST: Approval of a Conditional Use to operate a restaurant in the C -1 zone district. LOCATION: Centennial Square Building, 308 S. Hunter Street, Block 100 1/2 of Lots A, B, and C,; where the existing Fry By Night is located. DESCRIPTION OF THE PROPOSAL: The applicant proposes to operate a full service restaurant in the C -1 zone district. This requires a Conditional Use approval by the Planning Commission. The existing approval for Fry By Night states that a kitchen is not allowed in this operation. The food is to be cooked elsewhere and brought to the operation. Paul Dudley is now requesting to operate a full service restaurant which includes an on -site kitchen, bar and outside patio dining. The use of the patio for outdoor dining is a use which must be reviewed pursuant to section 3 -101. The proposal is for a total of 60 seats in 2000 square feet of restaurant. The applicant plans to expand into the adjacent, vacant store area. REFERRAL COMMENTS: ENGINEERING: In a memorandum dated September 8, 1988 the Engineering Department made the following comments: 1) Pursuant to section 5 -210 (e) in the Aspen Land Use Regulations, the applicant is required to provide three off - street parking spaces for his 2000 square feet of commercial space. The applicant has indicated there are only three off - street parking spaces available for the entire building. 2) The location of the existing 2 yard dumpster is now within the 20 feet right -of -way of the alley adjacent to this building. Since Code requires an emergency access width of twenty feet in an alley, it is our recommendation that this dumpster be relocated. ENVIRONMENTAL HEALTH: In a memorandum from the Environmental Health Department, Lee Cassin makes the following comments: AIR QUALITY: If a charbroiler is installed it will have to be equipped with an electrostatic precipitator or equivalent control device approved by this office. The operator should be aware of the Aspen Clean Indoor Air Act which requires signs at the entrance and prohibition of smoking in the establishment. CONFORMANCE WITH OTHER LAWS: The Colorado Rules and Regulations Governing the Sanitation of Food Service Establishments makes no distinction between coffee shops and restaurants. The limited food preparation that was done in the coffee shop may mean that for a more full- service menu, additional equipment may have to be purchased. The outside patio was never approved by this office. Our approval is required for addition of seats. Therefore, outside seats may not be allowed without additional bathroom facilities. For 60 total seats, if no other food service establishments are sharing the restrooms, the requirement is one toilet, one sink and one urinal for men, and one toilet and one sink for women. These restrooms must be available to customers whenever the establishment is open. Prior to any construction or remodeling or equipment purchase, the operator will need to contact this office with plans. STAFF COMMENTS: 1. The definition of a restaurant includes a provision which states if a restaurant is located off ground level that it shall have the use of an elevator or dumbwaiter for service access. The definition reads as follows: "Restaurant means a commercial eating and drinking establishment where food is prepared and served indoors, for consumption on or off premises. A restaurant shall only be permitted to prepare or serve food outdoors, in required open space, when approved by the Commission pursuant to Sec. 3 -101, Open Space. A restaurant shall be required to have service delivery access from an alley or other off - street service delivery area. If the restaurant is located off ground level, it shall have use of an elevator or F r� dumbwaiter for service access." The application does not state that this is currently available or will be installed. The dumbwaiter is a requirement of a restaurant located off ground level. The intent of this provision is to make sure that service delivery vehicles are out of the alley as quickly as possible in order to reduce congestion in the alley ways. The Centennial building has a service entry off to the rear of the building which includes a pull out area for service trucks. Currently the service area has a stairway rather than a ramp leading into the Fry By Night space. It is the feeling of the Planning Office that the intent of the dumbwaiter provision can be met by modifying the existing stairway to a rampway and by making a condition that all service deliveries must use the pull out space in order to leave the alleyway open for other service vehicles. The entrance to the restaurant area includes a handicap ramp, however this should not be used for the restaurant service deliveries because the trucks will park as close as possible to the ramp and block the alley. If the Planning Commission agrees with the Planning Office that the pull out space and a service ramp meet the intent of keeping the alley clear from service delivery congestion then the above conditions should apply. 2. Section 7 -304, sets the review standards used for the review of a conditional use. These standards and a response are listed below: A. STANDARD: The conditional use is consistent with the purposes, goals, objectives and standards of the Aspen Area Comprehensive Plan, and with the intent of the Zone District in which it is proposed to be located. RESPONSE: The proposed location is within the Central Area as designated in the 1973 Comprehensive Plan. The description of this area reads as follows: "To allow the primary use of land for tourist commercial activity that is essential to the community's economic vitality in an area that relates well to the proposed public transportation system, the ski area and existing tourist oriented businesses. Ordered yet diversified land uses, such as resident related commercial, residential and professional office uses, should be located on the fringe of the central area..." The purpose of the C -1 zone district is to allow the operation of commercial uses which are not primarily oriented towards serving the tourist population. The Fry By 3 �. eJ Night operation, as it exists, is primarily a locally oriented breakfast spot. The proposal is to create a full service restaurant with take -out service. The application notes that the C -1 zone district is intended to be diversified, however, that the Central core is obviously expanding (Mezzaluna's, Lauretta's and other restaurant and retail shops) . The applicant feels that Dudley's /Fry By Night would be an asset to the area because 1) currently no one serves breakfast starting at 6 am for the locals, 2) the restaurant has a small capacity, 3) Dudley's is locally oriented and has had a strong local following for the past nine and a half years. B. STANDARD: The conditional use is consistent and compatible with the character of the immediate vicinity of the parcel proposed for development and surrounding land uses, or enhances the mixture of complimentary uses and activities in the immediate vicinity of the parcel proposed for development. RESPONSE: The building in which Fry By Night is located houses a small lunch and dinner restaurant, a children's store, a beauty salon and a bedding outlet. The applicant feels that Dudley's /Fry By Night restaurant will compliment the other businesses since they all depend on walk through traffic. The applicant feels that they would be offering the working people in the surrounding office and retail uses a choice for meals without taking tourist business from the commercial core or adding to congestion. C. STANDARD: The location, size, design and operating characteristics of the proposed conditional use minimizes adverse effects, including visual impacts, impacts on pedestrian and vehicular circulation, parking, trash, service delivery, noise, vibrations and odor on surrounding properties. RESPONSE: No alterations to the existing building will be made as a result of this proposal. The applicants feel that serving breakfast at 6 am will not cause any traffic congestion or parking problems. Hunter Street is currently one hour parking and the applicant does not feel that there is a problem between the hours of 6 and 9 am. The lunch traffic would be pedestrian oriented since the restaurant will be primarily oriented towards the local, in town worker. As noted in the Engineering Land Use Code requires that parking spaces per 2000 square However, the building (sque 4 Department concerns, the new an applicant provide three feet (1.5 per 1000 sq. ft.). re footage) is already in existence and therefore does not require that parking now be provided. The issue before the Planning Commission is whether or not the Conditional Use of a restaurant has impacts which create a greater demand for parking than the allowed uses in the C -1 zone district (retail). The applicant has indicated that there are currently only 3 spaces available for the entire building. By requiring that service deliveries be made in the back pull out area at least 2 of those spaces are eliminated. The Planning Office agrees with the applicant that there are no additional pressures on the parking situation during the breakfast and lunch times. The parking demand along Hunter begins to significantly increase around 9 A.M. and the argument that the lunch traffic would be primarily pedestrian oriented is acceptable. Dinner traffic however appears to be a problem. Our traffic studies only run through 6 P.M., however we believe that during peak seasons it can be proven that parking in this area during dinner hours is a problem. Thus the Planning Office feels that the impacts can be mitigated by either not allowing a night time restaurant use or by requiring a cash in lieu payment for the parking spaces. The applicant would be adding approximately 2000 square feet of additional (dinner) area. The Code standard is that 1.5 spaces per 1000 square feet of space be provided. This can be met through a $15,000 per space cash in lieu payment for a total of $45,000 due. We realize that this is a substantial burden for a locally oriented restaurant and would suggest that this condition only be imposed at such time the applicant begins to serve dinner. The application states that dinner service will take place at a later time (the primary restaurant business would be lunch and breakfast) if there is a demand. Deliveries would be handled as they currently are, in the alley. Trash removal will also be handled in the alley where the dumpsters currently exist. No noise or vibration will occur as a result of the operation. As noted in the Engineering comments, the existing dumpster is located within the alley (within the Public right -of- way) . The Engineering Department requires that the dumpster be removed and placed outside of the 20 foot emergency access requirement for the ally. D. STANDARD: There are adequate public facilities and services to serve the conditional use including but not limited to roads, potable water, sewer, solid waste, parks, police, fire protection, emergency medical services, hospital and medical services, drainage systems, and schools. 5 Y RESPONSE: The proposed applicable public facilities located in close proximity protection facilities. ! y location is serviced by all such as water and sewer and is to emergency medical and fire E. STANDARD: The proposed conditional use complies with all additional standards imposed on it by the Aspen Area Comprehensive Plan and by all other applicable requirements of this chapter. RESPONSE: The applicant notes that Dudley's /Fry By Night will comply with all zoning, building and Environmental Health regulations. In summary, the Planning Office generally agrees with the applicant that the restaurant should be approved as a conditional use in the C -1 zone district, however it is important that specific representations become conditions of approval with regard to the operation in order to insure that it is not primarily a tourist oriented commercial use. 4. The applicant is requesting that outdoor dining be allowed in the below grade court yard area. Section 3 -101 states that this activity may occur in required open space if it is compatible with or enhances the purpose of these open space requirements and that adequate pedestrian and emergency vehicles access will be maintained. The application did not adequately illustrate the proposed seating arrangement, therefore, the Planning Office recommends that the outdoor dining request be reviewed at a later date. RECOMMENDATION: Approval of the Dudley's /Fry By Night Restaurant in the C -1 zone district as a Conditional Use with the following conditions of approval: 1. All representations of the applicant shall be considered conditions of approval. 2. The applicant shall comply with the Environmental Health requirements as listed in their memorandum dated August 17, 1988. 3. The restaurant shall remain open for a majority of the off seasons and the menu shall be of a type and price structure to serve the local residents. 4. The applicant shall remove the trash receptacles from the public right -of -way prior to opening the restaurant. 11 5. The applicant shall submit drawings of the proposed outdoor dining area in order for these to be reviewed by the Planning Commission pursuant to Section 3 -103. 6. The applicant shall submit $45,000 for parking cash in lieu at such time diner is served at the Dudley's /Fry By Night restaurant. 7. The pullout area at the back of the building shall be used for service access to the restaurant and shall include a ramp entrance. 8. No services shall be made via the front handicap ramp. 9. No parking shall be allowed in the back pull out service area. ch. fry 7 MEMORANDUM TO: Cindy Houben, Planning Office FROM: Jim Gibbard, Engineering Department2 DATE: September 8, 1988 RE: Fry By Night - Conditional Use ------------------------------------------- ------------------------------------------- Having reviewed the above application and made a site visit, the Engineering Department has the following comments: 1. Pursuant to section 5 -210 E. in the Aspen Land Use Regula- tions, the applicant is required to provide three off - street parking spaces for his 2000 square feet of commercial space. The applicant has indicated there are only three off - street parking spaces available for the entire building. 2. The location of the existing 2 yard dumpster is now within the 20 feet right of way of the alley adjacent to this building. Since Code requires an emergency access width of twenty feet in an alley, it is our recommendation that this dumpster be relocat- ed. jg /fryxnite cc: Jay hammond Chuck Roth PZM9.20.88 MINUTES OF AUGUST 16, 1988 Roger: Made a motion to approve the minutes of August 16, 1988. Jasmine seconded the motion with all in favor. DUDLEY'S /FRY BY NIGHT CONDITIONAL USE Welton opened the public hearing. Cindy Houben: Made presentation as attached in records. We were under the impression that there was 2,000 sqft but there is only 1000',sqft so that changes the calculations for the number of parking spaces required to 1.5 per 1,000 sqft. This is intended as a local's restaurant. The restaurant definition now includes the requirement of the dumbwaiter for any restaurant that is subgrade or above grade - -not on grade. That is one item that Paul doesn't have at this time. My suggestion was that it appears that there was a pullout area at the back of the building in the alley where a truck could pull off the alley. There is an entrance at that point down into the Fry By Night service area. The whole intention was to get trucks out of the alley and this would serve that purpose rather than having to have to put that dumbwaiter in. The other main point that the Planning Office was concerned about is the impact on the parking situation downtown. In the old code we did not require that restaurants or any type of use in the C -1 zone district have a parking requirement. The new code does require that if you can't have on -site parking then you have to have a cash -in -lieu payment to supply money so that we can build the Rio Grande parking building. It is $15,000 per space. In Paul's case I think the real impacts come at dinner time rather than the breakfast period. According to our studies we do not have a congestion period until 9:00 am. Paul's request is to open up his breakfast business at 6:00 in the morning. Between 6:00 and 9:00 I don't think there would be a conflict with the parking spaces. Most of the lunch traffic would be pedestrian oriented with people working in town. However the dinner problem is one where people would drive to the restaurant and there would be a lot more of that. Our traffic studies are only to 6:00 pm so we can't really verify that the increase in the parking demand increases around dinner time. I do think the impact is around dinner time which would mean that for the standards of the code with this square footage you would be looking at 1.5 parking spaces per 1,000 sqft of space. Then a 2 PZM9.20.88 cash -in -lieu payment would be $22,500 rather than the $45,000 which is the amount that would have been for 3 spaces. It has been a concern all along because of the idea of branching out from the central core of town that restaurants are a conditional use in this zone district. The purpose of the zone district is to allow businesses which aren't primarily oriented toward tourists. Paul's business will be run similar to his business out at the Airport Business Center. This is definitely a locally oriented type restaurant that would fit in with the zone district. The staff recommends approval with conditions. (Attached in records) Jasmine: There is no mention of any kind of employee generation impact. Cindy: The conditional use section of the code does not address employee generation. Jasmine: It comes under change in use and conditional use is somewhat of a change of use - -a change in use which is obviously ±' more employee intensive. We would be very remiss not to consider the issue of employee housing. I suspect that there will be additional employees generated by this conditional use. Paul Dudley: We are not really moving into a new space. We are taking a space that we have now which is a retail shop and a bakery and want to do a restaurant. The amount of people working there now throughout the different times of day are around 4 to 5 at different times of the day and night. The small restaurant that we would be trying to do in there would not generate more than one more person. There would be 2 kitchen people and 2 on the floor. As we are now we have 4 people per day now working there. We and 98% of our employees at the ABC live down valley. That is probably not going to satisfy your employee housing but that is our situation. That is what we are used to now. Jasmine: It seems to me that for breakfast, lunch and dinner at 60 seats there has got to be some kind of increase in employees. I don't know exactly what it is going to be. What we might want to do is to put in a condition that we try to get more information about this. Then if you would agree that if we can work out the correct number of incremental employees that you would then be bound by doing something to provide for whatever increase in the amount of employees. 3 PZM9.20.88 Welton: I agree that there is probably going to be an increase in employees. But it is like they are caught between a rock and a hard place. In the commercial core which is more intensive, more high intensity tourist oriented activities, a restaurant is an allowed use. And if somebody wants to go from a fur boutique to a restaurant or from a t -shirt shop to a restaurant we don't have any say one way or another in that change in use. In C -1 which is more locally oriented which this is, they are faced with different standards for providing employee housing. So I feel like not treating them equally with somebody that is across the street in the C -C zone. Michael: I agree with that. What also concerns me is what the Planning Office is doing. If Jasmine hadn't brought it up, they would have gotten through without it. Does that mean there are other applicants that are getting through without it and are we being arbitrary now in just putting it on them? We have got a situation where we are complaining that everything in town is turning into glitz and glitter and we turn around and make this particular operation which is intended to be locally oriented and make it so expensive that they can't operate. So the only other thing that can go in there is going to be another Gordon's or some fancy restaurant. That is self- defeating too. I understand the problem of employee housing. We can't use the problem of employee housing to defeat everything else we want or all we are going to end up with is million dollar townhouses and glitzy restaurants throughout Aspen. Welton: My other problem was the Planning Office's evaluation of the parking. When we instituted, because we finally had a parking plan, a requirement for on -site parking in the C -C and C -1, it was my understanding that parking was for new development. If you built a new building or if you incrementally increased the size of a building then you have to meet the new requirements. But there was never any discussion in the code that if you change from one use to another that means your building all of a sudden has to meet a parking requirement that they did not nave to meet before. I don't think that it is legally defensible to require that an existing building as a condition of change in use - -not change in size - -which is all we are concerned with in the provision of parking. If you tear down a Texaco Station today and put in a building that has a Metzaluna in it, you are going to have to either provide the parking on -site or provide enough money to cover the 4 PZM9.20.88 parking of cars or the difference in square footage between the Texaco Station and your new building. Roger: One of the whole reasons for the conditional use of restaurants in the C -1 zone is that we recognized at the time the substantial upgrade of use in that zone district and we should address the problems associated with that upgrade in use in that zone district. Paul: I don't think we will have 60 seats. That was my overestimation of what's going on down there. Now we are talking more like 40 to 50. The dinner thing also isn't a real prize idea for us. I just put it in the application just to cover all the bases. We are breakfast and lunch type of place. That is what we want to do down there. Possibly if the Board did not want to allow us to do dinners or if we did do dinners then maybe we would have to pay this parking fee or go through this other thing. In the back there are 2 or 3 spaces that we use and sometimes we can even get 4 cars in there. To erase those spaces for a truck to be backing in there - -which a truck wouldn't back in there anyway - -would be quite a hardship not only for us as the applicants but for the other people in the building. It would be taking 3 good parking spaces and basically throwing them away. The parking situation in town is such that we should take a look at that. If we went to a ramp type of situation in the back, it is my feeling that it would actually be faster and easier unloading than a freight elevator. If we are going down 2, 3 or 4 floors or going up a floor it would make quite a difference. But a driver unloading 3, 4 or 5 hand trucks of goods to put onto a freight elevator which would only hold about half a truck load - -he has got to get that in there, he has got to send it down, somebody has got to be available to unload down there. It also takes up quite a bit of space in the restaurant. It would take up the space of 4 tables. I would be losing not just the actual space for the elevator but the space of working around it and the delivery part. What happens now when we are working and a driver comes in with a whole bunch of stuff, it is just dumped in the kitchen and away he goes. A freight elevator has to be attended to either on the bottom or the top. There has to be a team. If we are working in there with X amount of employees, you can't afford to have somebody sitting there waiting for the dumbwaiter. 5 PZM9.20.88 I think the ramp would work very well. It would actually expedite unloading. There is quite a large concrete pad at the top of the stairs and it is always vacant. It is not a parking space. It is not a storage space. It can be used for where they would unload. Then in our free time we could get down the ramp into the restaurant. By keeping just a 3 ft isle for the deliveries open at all times, it would be like a mini alley within our parking alley and would suffice very nicely to expedite the deliveries. Roger: If anyone would it would be the Dudleys. had a better space to service access. There service access because semi backing in off the they won't do it anyway the service viewpoint of qualify as a locally oriented restaurant No doubt about that. I just wish you work with here. My bigger problem is is no point in removing the parking for you are not going to get a Noble /Sysco alley there. There is not the space and But it is important to expedite from the deliveries to this. If there is a good usable ramp type of situation going down, I don't have a problem with that in lieu of the dumbwaiter. My fear is the way it is serviced right now with service through the front. I think that is incredibly terrible. And to increase that as a restaurant would is not tolerable from a community point of view. One of my major problems with this doesn't have to do with the service aspect. It has to do with a restaurant operation now in a building space that was designed for retail. For restroom access, customers would have to go up and around the back after they ask the manager for the key. That is really not adequate for a restaurant serving breakfast and lunch. And with the possible conception of going to dinner is outrageous under those circumstances. And if you add a bar on top of that it is further outrageous. So I have a major problem with increasing the usage from a coffee shop to a sit down restaurant. Michael: Does the restaurant that is already in that building have its own restrooms? Cindy: They use the same restrooms that Loretta's uses. Michael: So you have a restaurant in there doing the same thing that they are looking to do. It seems to me not to allow them to do it is being inconsistent. And then how do we enforce the hours that they are open and the prices that they are going to have? H PZM9.20.88 Cindy: There would be representations that they would make to us to make us comfortable with the fact that it is a locally oriented restaurant. The types of conditions are that they would be open for a majority of the off season to serve the local public. They are subjective. They are hard to enforce. But yet they are conditions we have the ability to enforce. Michael: I just think that that creates another layer of paper work that somebody is out there checking on. It just doesn't make any sense. I don't think the location is appropriate that he is going to be able to turn around a sell out to Gordon's to begin with. By virtue of where it is, it is going to be what it is. I think it is something that we really need. I hate to see that we are putting conditions on applicants which are meaningless. If he turned around and charged $10.00 for a meal or $2.50 for a meal, we are not going to the Supreme Court to find if that is something a local can afford. I don't think we should have it there in the first place. It just creates paper work and we have too much paper work in the first place. Roger: In the case of Fry By Night, their original approval was not to have any cooking on site. Now there is cooking on site. Inch by inch we lose control of the situation even if it is a conditional use. The Yogurt Shop up on top - -that has expanded from a yogurt shop to now sandwiches and who knows what else after they got the conditional approval. I am not sure they are in that much of a compliance upstairs either. There is a point at which this building cannot adequately, as it sits with its present facilities, service what they want to put in it. Paul: The Environmental Health Department addresses the bathrooms. They have charts, facts and figures on seating capacity and what you are supposed to have as far as lavatories, urinals, etc. The accessibility of them and as it is now it is in compliance with the Environmental Health. Actually we do have to increase the bathrooms up there. We do have to put in a urinal in one of them. It has to be within 200 feet of the restaurant. And between the 2 places which the other place has not gone through a conditional use but Environmental Health Department has OK'd everything that has gone on in there. Roger: Given the location of the restrooms, that may be adequate as far as I am concerned for Environmental Health. However I don't consider it as practically adequate for a conditional use for restaurant expansion at this point in that building given what we are looking at. 7 PZM9.20.88 Adequate service can probably be addressed by a ramp in this case. But this restroom situation with the progress from a coffee shop, where people probably won't use restrooms too much up to a restaurant where there is a little higher usage of restrooms, up to a full restaurant and then bar - -there is a point where you have to say you cannot go further. Welton asked for public comment. Fuller: I think it would be nice to have another local's restaurant. I use Loretta's and I don't mind using the restroom as it is. I think it is fine. If you have an opportunity to have cheap meals, I don't care. So what? That is my opinion. Dick Reynold: We have a store in the same building called Kidding Around. I would like to speak in favor of the applicant's approval. As far as the ramp is concerned I think that we can all work together. We talked to the other owners in the building and made sure that Paul has the ability to move his supplies down the back stairs there. Whether it is a ramp or stairs it is a lot better than taking any more parking space or losing parking space for a dumbwaiter. I feel that that access in the back is more than sufficient to supply the needs of the supplies he needs to bring into the restaurant. As far as the locals question, I have known both of the applicants for years before they did their restaurant out at the ABC. It is a little breath of fresh air to see some locals stay in town and not leaving,quite frankly. And I would encourage you to do everything you car. to discriminate in their favor. I am glad to see them there and hope it works for them. Welton: I occurs to me too that maybe having the restrooms around in the alley keeps the tourist away and guarantee it as a local's restaurant. MOTION Michael: I think Roger's concerns are absolutely correct. Jasmine's concerns are absolutely correct. But I think we have got to balance the concerns that we would like to have in a perfect world with the constraints we have under reality. I think the reality is we need a local's restaurant. We can't have a local's restaurant if we are going to make them put restrooms in and make them pay for employee housing. It just is not going to work. i would like to make a motion that we approve the application 3 PZM9.20.88 with all of the conditions or suggested by the staff with the exception of #3 and #6. (Conditions attached in records) Welton: #3 is a standard condition for C -1 restaurants. Michael: Leave #3 in. Roger: In any event, it should include paved access from the service entrance to the alley. Michael: That is in my motion. Roger: I am in a horrible dilemma because as much as I would appreciate a local's restaurant I would have problems with identifying the applicant's and particularly space and giving approval on the basis of the applicant's when - -OK- -that works great for the duration of this applicant's residence of the space. However, when that space is sold, you may have anyone take over that space and you still end up with problems and it is not addressed. In this case I think maybe employee housing could probably do something with but I just got a horrible problem with the human services aspect of it in this particular building. The building wasn't designed to have restaurants in it unfortunately. Michael: I agree with what you are saying but I don't think a good restaurant like Gordon's or something of that caliber could go there. But I think the natural constraints of the space are going to provide that we are always going to have a local's oriented restaurant in there. I certainly recognize your concern and I think it is legitimate but I am just trying to approach it on a more practical vein. I would certainly hate to see them turn around and sell their lease next month to Gordon's and have it be a Gordon's annex. That would be wrong. But I don't think Gordon's could do it. You can't charge $50.00 for a piece of fish and tell people to go into the alley to go to the restroom. Jasmine: About the whole evolution of Loretta's - -I share a lot of Roger's concerns. I am really distressed that it falls upon this applicant who, because of the applicants themselves we can have a certain reliance of the local oriented good quality, inexpensive restaurant that they could provide. So I am really very torn in that sense because of who the applicants are but you are not always going to be the people in that space. So we have to consider what the possibilities are in the future. All of a sudden we have got Loretta's in there which is pretty much a full service restaurant. And I don't know how it happened. 0 PZM9.20.88 Cindy: I can explain a little bit about that. I did some research when Paul first came on the Loretta problem. It turns out that that was a mistake. They were given building permits and a permit to operate - -that was a mistake. They did not come through the planning process. Jasmine: I don't remember seeing anything about Loretta's as a restaurant and suddenly there it is. Whether it should be there or shouldn't be there - -the point is that it never came to get a judgement like this. And here are people who are actually following the rules and are getting screwed which really makes me uncomfortable. I share all of Roger's concerns plus my own concerns about a restaurant operation in that location. Roger: I could support it if it is legal. I don't know that it is legal that a condition that this approval runs with the ownership of this applicant. I would have no problers with that in that case but is that legal? Cindy: I would have to ask Fred. I think that it would not be legal. You could put a time limit on the permit, though, that you want to look at this application in a year to see if conditions are met and that it complies with the intention of the zone district. That would be another approach to that. Roger: I trust Paul. But I have to look at in a greater sense- - what happens after Paul? It seems unfair to come up with a review every two years but if that is a way of doing it then I could live with that. Michael: I don't know if it is legal or not, but I can live with it as long as we have the understanding that - -if Paul turns around and decides to sell his operation, and it is still that basic kind of operation that we are not going to turn around and say no we want Paul in there. Welton: There is a motion on the floor with no second. Michael: I amend my motion so we add one additional condition that every 2 years the Planning Office check to make sure that it is still a local's oriented restaurant. Cindy: I would like to tighten it up enough so that we are saying the conditional use permit will expire within 2 years if the applicant does not submit an application to the Planning Office showing conformance. Michael: No. I want you to do it. I don't want them to do it. This is a representation that they are making. If they don't 10 live up to their representation agency of the City of Aspen is, these people forget? PZM9.20.88 then whatever the enforcement will come in. What happens if Cindy: Maybe what we should do is just tighten up #3 then with some language that the restaurant shall be a locally oriented restaurant and this is a definite condition of approval and it shall not be tourist oriented. Condition #3 will be tightened to say that this shall be locally oriented. Michael: Compliance with condition #3 is a condition of conditional use. Roger: I would like to see that a little more tightened up though. As I mention in my scenario - -right now it is luncheon and breakfast. What happens with dinner? Then what happens with a bar? It may be locals oriented but I end up with more and more trouble with it. Paul: If we did go with a liquor Health is going to want us to put urinal. The ones upstairs - -there amount. In the future to do somethi us to put something in. They will. and your liquor license puts you on facilities. license the Environmental in another lavatory or a is only room for a certain ng like that they might ask According to your seating a whole different chart of Roger: I would have much less problem with a beer and wine license -- limited license -- because I consider that a beverage with food as opposed, all of a sudden, a bar where you have beer busts and things like that. Michael: I could put in my motion a condition that it only be a beer and wine license. Roger: I would like to see a periodic review. I don't mean it a re- application but I would like to see a periodic review. Welton: Do you want to put into #3 "A zoning officer will review the representations made with this application on a biannual tasi.s providing written reports to the Planning Office confirming that the representations with this application have been substantially met. Roger: I can live with that. Michael: That's it. My motion is amended to this affect. ?: I need a clarification on V. 11 PZM9.20.88 Cindy: I would take out everything up to "service" and then "service" will become the beginning of the sentence. Roger seconded the motion. Welton then closed the public hearing. Everyone voted in favor of the motion except Jasmine. RIO GRANDE CONCEPTUAL SPA AMENDMENT STREAM MARGIN REVIEW Cindy: Made presentation as attached in records. There was also a video presentation of the snowmelt machine. The concern with having a snowmelter facility at this location is that there are also additional competition for this land. The arts uses on the Rio Grande are desired in this lower part and to put the snowmelter facility out further into that property may create conflicts there when we are trying to design how that all works. That is why we had the idea to move it a little bit further to the east. We know that there are conflicts then with the neighborhood to the east. The first year is somewhat of a test year to see how all this works together. We don't know how large the snow storage area is going to have to be or the whole scheduling of when we are going to have to clean the street, pile the snow and how fast it will be melted with one machine. My proposal to you was that that snow storage be as a berm to berm along the east side of where the machine would be and then help deflect some of the noise concerns and some of the visual concerns. The other suggestions that we have heard from the public are perhaps putting the snowmelter facility up higher toward the impound lot and berming it into the embankment there. Chuck's department had looked at putting the snowmelt facility into the berm towards the Rio Grande Trail. However it didn't seem to work in terms of the trail system and how it works today. Roger: I realize this isn't portable by any means. How movable is it economically? Chuck: Economically we are talking about 640,000 worth of site improvements and most of that would be lost if we move it. The unit itself is 660,000. Roger: Is it just set on a concrete slab? 12 ASPEN *PITKIN ENVIRONMENTAL HEALTH DEPARTN."NT To: Cindy M. Houben Planning Office From: Lee CassinyC Environmental Health Department Date: August 17, 1988 Re: Fry By Night - Conditional Use Parcel ID# 2737- 182 -25 -002 The Aspen / Pitkin Environmental Health Department has reviewed the above - mentioned land use submittal for the following concerns. SEWAGE TREATMENT AND COLLECTION: The project is served with public sewer. This conforms with Section 1 -2.3 of the Pitkin County Regulations On Individual Sewage Disposal Systems policy. ADEQUATE PROVISIONS FOR WATER NEEDS: This project is served by the City of Aspen water system which is in conformance with policies of this department. AIR QUALITY: If a charbroiler is installed it will have to be equipped with an electrostatic precipitator or equivalent control device approved by this office. The operator should be aware of the Aspen Clean Indoor Air Act which requires signs at the entrance and prohibition of smoking in the establishment. CONFORMANCE WITH OTHER LAWS: The Colorado Rules and Regulations Governing the Sanitation of Food Service Establishments makes no distinction between coffee shops and restaurants. The limited food preparation that was done in the coffee shop may mean that for a more full - service menu, additional equipment may have to be purchased. The outside patio was never approved by this office. Our approval is required for addition of seats. Therefore, outside seats may not be allowed without additional bathroom facilities. For 60 total seats, if no other food service establishments are sharing the restrooms, the requirement is one toilet, one sink 130 South Galena Street Aspen, Colorado 81611 303/S25 -2020 ASPEN *PITKIN ENVIR01movIENTAL HEALTH DEPARTflnc.VT and one urinal for men, and one toilet and one sink for women. These restrooms must be available to customers whenever the establishment is open. Prior to any construction or remodeling or equipment purchase, the operator will need to contact this office with plans. /fryby.lur 130 South Galena Street Aspen, Colorado 81611 303/925 -2020 NOTICE TO ADJACENT PROPERTY OWNERS RE: FRY BY NIGHT CONDITIONAL USE NOTICE IS HEREBY GIVEN that a public hearing will be held on Tuesday, September 20, 1988 at a meeting to begin at 4:30 P.M. before the Aspen Planning and Zoning Commission, in the Old City Council Chambers, 2nd Floor, City Hall, 130 S. Galena Street, Aspen, Colorado to consider an application submitted by Paul Dudley requesting Conditional Use approval to allow a restaurant in the C -1 zone district. The applicant seeks approval to conduct a restaurant which serves breakfast, lunch, and dinner including take -out service and outdoor dining. The property is the Centennial Square Building located at 308 S. Hunter Street, Block 100, 1/2 of Lots A, B & C. For further information please contact the Aspen /Pitkin Planning Office, 130 S. Galena Street, Aspen, Colorado, (303) 925 -2020, ext. 225. s /C. Welton Anderson Chairman, Aspen Planning and Zoning Commission S 0A C.� .J ASPEN /PITRIN PLANNING OFFICE 130 S. Galena Street Aspen, Colorado 81611 (303) 925 -2020 Date: 8/9/88 Paul Dudley Dudley's Diner 119B AABC Aspen, CO 81611 RE: Fry By Night Conditional Use Dear Paul, This is to inform you that the Planning Office has completed its prelimary review of the captioned application. We have determined that your application IS NOT complete. Therefore, it is not possible at this time to assign the project to an agenda date. Following is a list of the items we require: 1. Please fully address how the development complies with the substantive development review standards A -E in Attachment 4. (Enclosed) When we receive the requested information, we will contact you again to inform you of your assiAgned agenda date. If you have any questions, please call the Planning Office. Thank you. Sincerely, Cindy Houben, Planner TO: r'ity Attorney ity Engineer _.ousing Director 'nvironmental Health FROM: Cindy M. Houben, Planning Office RE: 'ry By Night - Conditional Use Parcel ID# 2737- 182 -25 -002 DATE: August 15, 1988 Attached for your review and comments is an application submitted by Paul Dudley, requesting Conditional Use to allow a restaurant use in the C -1 zone district. The property is located on Block 100, south 1/2 of lots A,B & C, 308 S. Hunter St.; where Fry By Night is currently located. Please review this material and return your comments no later than September 12, 1988 in order for this office to have time to prepare for its presentation before P &Z. Thank you. r' CASELOAD SUMMARY SKEET City of Aspen DATE RECEIVED: rl3l& //P��AAJJRR__Cp�JL ID pA�N-D CAS DATE COMPLETE: c� i "t''0/ �6-DCJ% yQ- SmA.FF MEMBER_ P K PROJECT NA Project Ad APP;,ICANT: Applicant REYf,'ESENTATI VE: Rep:- esentat.ive Address /Phone ---- '________________________ -- �-------------- _______________ PAID: YES- NO AMOUNT: 1) TYPE OF APPLICATIO . 1 STEP: 2 STEP: 2) IF 1 STEP APPLICATION GOES TO: P &Z CC PUBLIC HEARING DATE: VESTED RIGHTS: YES NO A—, 3) PUBLIC HEWNG IS BEFORE: &Z P &Z CC N/A DATE REFERRED: INITIALS:4L.�— Planning Director Approval: Paid: Insubstantial Amendment or Exemption: Date: Staff Approval: Paid: Consent Agenda: Date: REFE ity Attorney Mtn. Bell School District r- ty Engineer Parks Dept. Rocky Mtn Nat Gas Housing Dir. Holy Cross State Hwy Dept(GW) Aspen Water Fire Marshall State Hwy Dept(GJ) City Electric Fire Chief B1dg:Zon /Inspect Anvir. Hlth. Roaring Fork Roaring Fork Aspen Consol. Transit Energy Center S.D. Other FINAL ROUTING: --- - - - DATE ROUTED: - -- - -- INITIAL: City Atty. City Engineer Bldg. Dept. Other: FILL: STATUS AND LOCATION DATE RECEIVED: r13 DATE COMPLETE' PROJECT NAME: Project Address: APPLICANT Applicant CASELOAD SUMMARY SHEET City of Aspen � C L ID AND CA Nom, �ti l,P -�D 04 �zr STAFF MEMBER: ('�l REPRESENTATIVE: Representative Address /Phone: -- - - PAI-D: - -� -------------- - YES NO AMOUNT: -- _ City Engineer 1) TYPE OF APPLICATIO ✓Housing Dir. Holy Cross State Hwy Dept(GW) 1 STEP: 2 STEP: State Hwy Dept(GJ) 2) IF STEP APPLICATION GOES TO: B1dg:Zon /Inspect - tnvir. Hlth. Roaring Fork Roaring Fork Aspen Consol. Transit u/ l P &Z CC PUBLIC HEARING DATE.. Other VESTED RIGHTS: YES NO 3) PUBLIC HEARING IS BEFORE: P &Z CCy�j N/A DATE REFERRED: 7t �� 714 INITIALS: z Planning Director Approval: Paid: Insubstantial Amendment or Exemption: Date: Staff Approval: Consent Agenda: REFERRALS: Paid: Date: %City Attorney Mtn. Bell School District _ City Engineer Parks Dept. Rocky Mtn Nat Gas ✓Housing Dir. Holy Cross State Hwy Dept(GW) Aspen Water Fire Marshall State Hwy Dept(GJ) City Electric Fire Chief B1dg:Zon /Inspect - tnvir. Hlth. Roaring Fork Roaring Fork Aspen Consol. Transit Energy Center S.D. Other ----------------------------------- _ _ __ ROUTED: 2 FINALL ROUTING: / /pATE /c_INITIAL-�� ✓ Bldg- Dept. d City Atty V City Engineer ✓ other: __ FILE STATUS AND LOCATION: �ro�� cw✓�zr5 uJi ��ivL �OC CT- rCC-A kteta� i l lock 94 Lo f" DI C� -H--T M1 uriC2 I rlrc 34 5 McunTaiq Sr Sure �)o-- M,Yo =real, Q �,Zjju Ca' .n0.dr, H 3 C� a A 4 S De-Y2 P I -zs� �.0 ilC,9 S ` ri 81(oI� l-ot �l N/ a.nc n �, Ntcrd. 514 E, c 5 D -P 6w L�Ck c.l;S I oo Sh.��V fit. w�12¢.IivLq 1lliYj (OO�c� l� Cu- 2�k��L �u n�2r Joi>1� Vzv�}ur� Alt Ik ,. �Z �I�Ia- �t F Liz--T L 1 ,t K- � yo Joccbtm - { A�'D �k" Jz s)�lI T E situ ramt '� ^ rS� Jer�r, Ing horn 115 � v12w l loc 'w , a a5 �fi Nye ;vy 1043 i cl1aY'c{ �`o l k- So�vl �rq.,rieisco �:.a.. G • fox 2-a-o a 94ic4 -tax-V r �In T 4oto Ja-es �. Nower�t �iL�xCld�� inn ,,r 51�rk Wn � t X03 4o(0 3)7a -tO isn 50 �1zv ressee free �i,v ohs r J'v��fi2 �I C -2z _JO aCa CtiH�r�� -12)u»)�0.rdn r C.1 c rti rnazl oa� Lv a- �lr�r �V� 'i 3�4 Donald \cCnn �r�.siee_ Norwalk, ��rtE1�c.�t G(�85�- -1c -mes V. Rccid, �c�rcl RoaJerS I a S NAa )04'o LA iI �}Oa r�!d tc�nl Csld� Cll Jr. N�r� -h,w 3. �ct.lck wE�l J villC �un�e- 31oi3 %t✓I i f 4�3 IAj li oarn C . h/l, tb *Ii 5 Lvc� C. Frr- crick -sor) �I6,5 -r s �lr�r �V� 'i 3�4 Donald \cCnn �r�.siee_ Norwalk, ��rtE1�c.�t G(�85�- -1c -mes V. Rccid, �c�rcl RoaJerS I a S NAa )04'o LA iI �}Oa r�!d tc�nl Csld� Cll Jr. N�r� -h,w 3. �ct.lck wE�l J villC �un�e- 31oi3 %t✓I i f 4�3 IAj li oarn C . h/l, tb *Ii 5 Lvc� C. Frr- crick -sor) �I6,5 -r �o 2, 4�SSDC_ - �L' a x I a45 lo�IL- GI 0.vJTro�er - Lots -- - - - - -- - - -- C - D- E ,kfi-v -T-ro Lj-Aa -Q Ioto N. - �3ox 31 Lr>i3 _ -'_ Tcu}_Lor fvarri5_ �o 2, N -C Furs �oS S. ttili � 301 c IZ -5 3cz-ck— C.rov cbo. I �aX l CLo(.v i�LCC L 10C 1,015 ,4 C- &UT7 � L- '7 (a Lc Srn Mwd� ^%tu5c -mt, Az. 857!8 e�_I11_ &DI c NyMur, %+� -e- L..otez� K.- I_ 5 iA - rv- C) DON B. WILLOUGHBY MARIAN V. WILLOUGHBY 12322 RIP VAN WINKLE HOUSTON, TEXAS 77024 MAX NATTERER HELEN NATTERER57 BURNBANK ROAD OTTAWA, ONTARIO , CANADA K260H2 COL. STEVE NIELSON CAROL D. NIELSEN 111 POMMANDER WALK ALEXANDRIA, VIRGINIA 22314 �.C.Lx luo AL)RTp-r ,?Ic�-zk 530 � . tidal h 15 ax 3 I �u rcLV� 7 CONDO UNIT 13, CHATEAU ASPEN CONDO UNIT 8, CHATEAU ASPEN CONDO UNIT 16, CHATEAU ASPEN PC !o u i r1l vr� 4m r � G--Z' -�' t L. �.C.Lx luo AL)RTp-r ,?Ic�-zk 530 � . tidal h 15 ax 3 I �u rcLV� 7 CONDO UNIT 13, CHATEAU ASPEN CONDO UNIT 8, CHATEAU ASPEN CONDO UNIT 16, CHATEAU ASPEN ?!.'IE AND ADDRESS BRIEF LEGAL DESCRIPTION WILLIAM C. KING CONDO UNIT 20, CHATEAU ASPEN CAROLYN THORNE 409 BUCKINGHAM ROAD PITTSBURGH, PENNSYLVANNIA 15215 WILBUR A. HABER CONDO UNIT 4, CHATEAU ASPEN 20409 KISHWAUKEE VAL. RD. MARENGO, ILLINOIS 60152 MANUTEA REASIN KNIGHT 11/23 CONDO UNIT 19, CHATEAU ASPEN PAIGE BOVEE VITOUSEK and ARDEN BOVEE MOORE 12/23 C/O STIRLING HOMES 600 EAST MAIN STREET ASPEN, COLORADO 81611 PASCHEN CONTRACTORS, INC. CONDO UNITS 17, 18, CHATEAU 2739 ELSTON AVENUE ASPEN CHICAGO, ILLINOIS 60647 DONALD H. WITT CONDO UNIT 3, CHATEAU ASPEN 1412 GRAND AVENUE GLENWOOD SPRINGS, COLORADO 81601 MATTHEW B. KELLNER CONDO UNIT 15, CHATEAU ASPEN GEORGE S. KELLNER 570 DOVER DRIVE WALNUT CREEK, CALIFORNIA 94598 CHRISTIN L. TREUER CONDO UNIT 11, CHATEAU ASPEN P.O. BOX 8575 ASPEN, COLORADO 81612 WALHART REALTY COMPANY CONDO UNIT 21,21A, CHATEAU 899 SKOKIE BLVD. ASPEN NORTHBROOK, ILLINOIS 60062 JERRY WEIL CONDO UNIT 9, CHATEAU ASPEN NANCY WEIL 1404 23rd AVENUE COURT GREELEY, COLORADO 80631 JOHN HENDRICKS CONDO UNIT I, CHATEAU ASPEN BONNIE HENDRICKS, z INT. MICHAEL WILKIE, 2 INT. 254 N. LAUREL AVENUE , DES PLAINES, ILLINOIS 60016 JACK P. MADDOX CONDO UNIT 10, CHATEAU ASPEN LULA BELLE MADDOX 800 SECOND STREET PALACIOS, TEXAS 77465 FRANCIS P. HOFFMAN TRUSTEE OF HOFFMAN REV. TRUST 210 INVERNESS LANE SCHEREVILLE, INDIANA 46375 FRANK R. HELLINGER FLORENCE W. HELLINGER 1849 WYCLIFF DRIVE ORLANDO, FLORIDA 32803 RUDI BRITVAR FAMILY TRUST 30% NEW AGE FAMILY PARTNERSHIP 70% P.O. BOX 1791 ASPEN, COLORADO 81612 GENE E. GREGG ROBERT S. ACHESON, TRUSTEES P.O. BOX 70136 SEATTLE, WASHINGTON 98107 JAMES R. FERRY P.O. BOX 166 GLENCOE, ILLINOIS 60022 RICHARD SANDERS MARGOT SANDERS 204 SUNSET ROAD WEST PALM BEACH, FLORIDA 33401 CONDO UNIT 2, CHATEAU ASPEN CONDO CONDO UNIT 7, CHATEAU ASPEN CONDO CONDO UNIT 12,CHATEAU ASPEN CONDO CONDO UNIT 6, CHATEAU ASPEN CONDO CONDO UNIT 14, CHATEAU ASPEN CONDO CONDO UNIT 5, CHATEAU ASPEN CONDO '�)Lo_ =u �unI t P% uyl,l 318 ucL( L � r) YYI I n l wnti l� i�lazz� � I - waoct 5 aO5 S_ M l'i St-301 /�5P4� , ice. 8 I ca I 1 tilcu�,>1 � Ka�leew i�url� 3333 r3cw,5�cEe_ �r New �o rfi f aeccL� I � `t �� to G Llnit 4a-I �.pc�¢r Nlc�ric��v�r��Fr� a JGtCk-�)crt ri v A c.� i KAcL . G l L. nit aaa- �� l 13c7c a G o W I S L61 l S T� aU I)0>1n2 E71 Zal i h Floe n l4a5 Via ��va.tos l,t n t t5 3a1 , 4-c - �c,� Melville 1Ji I!14l _ J ✓1 ✓1 A n t (Lo_pc uJ o u 5- �.(�e,v�n•�, w� oY�i`� _Banc Ltni t ° ( i•0.1 12 r(� - -744rj eb in{"� — UnLt 4lb :5iciVic �ndric(cs (p5 u�ccc (w �(c �Z 3oz tvk i l v,a, ( Le L j , @Ci . 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L)Ln t 4D'1 r--\j i ✓1 Z - - -- - I 4 n - Lce v �ielc� uvl�t• alb - - -- -- �Lzna�d ��er —_— - - -- - - _ -- 1,Yv�ir a.o5 - - _51 11 - - ��ra} ry tit - �� IB lAnit a] Lo L1v11t al5 . will�a ain 9m , �Qrv�S r a5S5 t�znns��vani� ,�vE, U.�n1. fir. 1�.o�ar til Varad� �uAt� Im Llvt�� 4a3 KAay-10, �)tei,n bc� a_(000 l._a lAn�� burn aL I9c>6 Ji✓1ter �✓.ar dal l5, �w�.. � o � i3 u� t 3oa }4aro(4 -- )450 I,e C9o`t 5 L�I ��5 IL��t - - -- - Gfe✓�� i`c, r Frzcl Errs - - i 3 as N vi I G A v-e - (�9a n5V I ILL — 445 ;)Or - tiy, 41 Aviv Nt lL U �h Lct` -a -L)"nit Co — L, f 305 �vh,fwt - aV) It - 5D� Un t 3ia �-karl- iJra -Q 3,;Z -7 v . Lake ('�Vltcrti�a � ZI Ii nai5 bow 1 c7 - 4S �j i rm i rnc� ha4-v 1�t «h LyA,, x{801 1 - �josl�n Hir60r �7 i l S7( - �d woad JJ_ BFI nA_ - Eas{- l.a,v,5t��, tiltcG,. `f-�8a3 Con-{t'� �vtave ( 3t�reau Inc . yo ?a,,, -[ - C-ti. L-a ne titel (UZ r N G r Lean 5, Lr,. 7 0 l 1 a--- LA-n i t- 18 I �h,iTWlS��- 41I �roolcyic4e ��/� �edla�i.s, Ca. �ia3�3 �✓l6fi X19 �n -font{ Schnz�c(.�r '`l 1 I iJvc�r r a z�y -cc. S �8 a-oS NAME AND ADDRESS r WILSHIRE COMPANY SUITE 900 180 GRAND AVENUE OAKLAND, CALIFORNIA 94612 WALTER KIRCH P.O. BOX 1937 VAIL, COLORADO 81657 VERNON C. FRIESENHAHN KATHLENN D. FRIESENHAHN SUITE 242 711 NAVARRO SAN ANTONIO, TEXAS 78205 TEXAS HOME IMPROVEMENT, 215 WEST TRAVIS STREET SAN ANTONIO, TEXAS 78205 JOHN C. TAYLOR PIARIANNE K. TAYLOR 340 WESTWOOD DRIVE NORTH MINNEAPOLIS, MINN. 55422 HARRIS A. THOMSON LAURENE J. THOMPSON 1630 RANGE STREET BOULDER, COLORADO 80302 BRIEF LEGAL DESCRIPTION UNIT 306, ASPEN SQUARE UNIT 414, ASPEN SQU RE UNIT 202, ASPEN ARE ROBERT R. BONCZEK 707 WEST TENTH WILMINGTON, DELAWARE 19803 WIILIAM PERRY UNCAPHER P.O. BOX 2127 LA JOLLA, CALIFORNIA 92038 ULLA BRIGITTA WEST TUSTEE 15 WEST SUNSET DRIVE REDLANDS, CALIFORNIA 92373 CARLOS A. ANDERSON CH TRUST KIRK WARD 5525 EAST VASSAR AVENUE DENVER, COLORADO 80222 CAROLOS ANDERSON, VOLCAN 205 -20 MEXICO, 10, D.F. CHILDRENS TRUST ALBERT A. CHERAMIE MARY W. CHERAMIE 139 CHERAMIE LANE GOLDEN MEADOW, LOUISIANA 70357 ANTHONY GUILBEAU NORMA C. GUILBEAU 205 CHERAMIE LANE GOLDEN MEADOW. LOUISIANA 70197 UNIT 313, ASPEN SQAURE UNIT 408, ASPEN SQUAR (/ UNIT 31 I , ASPEN SQUARR� UNIT 215, ASPE SO QUA UNIT 214, ASPEN SQUARE UNIT 220, ASPEN SQUARE UNIT 221, ASPEN SQUARE INC. UNIT 203, SQUA /UNIT 304, ASPEN S UARE UNIT 203, ASPEN S(UARE. UNIT 23, ASPEN SQUA UNIT 410, ASPEN SQUARE ROBERT R. BONCZEK 707 WEST TENTH WILMINGTON, DELAWARE 19803 WIILIAM PERRY UNCAPHER P.O. BOX 2127 LA JOLLA, CALIFORNIA 92038 ULLA BRIGITTA WEST TUSTEE 15 WEST SUNSET DRIVE REDLANDS, CALIFORNIA 92373 CARLOS A. ANDERSON CH TRUST KIRK WARD 5525 EAST VASSAR AVENUE DENVER, COLORADO 80222 CAROLOS ANDERSON, VOLCAN 205 -20 MEXICO, 10, D.F. CHILDRENS TRUST ALBERT A. CHERAMIE MARY W. CHERAMIE 139 CHERAMIE LANE GOLDEN MEADOW, LOUISIANA 70357 ANTHONY GUILBEAU NORMA C. GUILBEAU 205 CHERAMIE LANE GOLDEN MEADOW. LOUISIANA 70197 UNIT 313, ASPEN SQAURE UNIT 408, ASPEN SQUAR (/ UNIT 31 I , ASPEN SQUARR� UNIT 215, ASPE SO QUA UNIT 214, ASPEN SQUARE UNIT 220, ASPEN SQUARE UNIT 221, ASPEN SQUARE rr... 1 � 1 � - Viral- CibfeS� -rim° 3 t ° -- G/o 5 Q n oa cv,,a n 1 - - - - -- L4CD0.rcVQ, - _ -- --- N_`1, - -ooas -- - - - -- �o ld 1-.E_ St�t� Tus t w.8 - 8� Conn._6��7 Lent 419 Llt�k� 3a ILO�cv-ll CIS t�la�cl,e 1eck�- ruStz� Aenr�elhinnE {i1L�nnc��er t� a,nr all Jet t 3oX as 3g /� �s4R'" CO tis�!�n f�ld� �iGi21- lrl % O G key / cic.ru , 10) Have you attached the followinrf- Response to Attadment 2, Minimm Hipp O0ntents Response to Attadment 3, specific almissi0n Omtents Rise to Attadment 4, Review Standards for Your Application OV%I ATIAQMEITr 1 USE APPUCATICN 11 Pr0;ect Name )`h7\/ p tL 2) Proj location S Nu 7-e �- �2 100 SO -7m �. � �-s A E G . (indicate street --'dress, lot & block nu ber, legal description where appropriate) C- i 4) Lot Size _n5 U X ("l O 3) Present Zoning 5) Applicant's Name, Address & Phone # 'il) i I ci R LZea Zw Gz7 qZS Co zG� Z k.��.ic 6) Representative's Name, Address & Phone # ��f I J c%� H Z-:; &grfp C) 7) Type of Application (Please check all that apply): _,,Z(�Onditional Use Cmcepbial SPA OOnoegttal Historic r pep. Special Review Final SPA Final Historic Dev. 8040 cane Concepttial PDD Minor historic Dev. Stamm Mai Final RID Historic Demolition Maintain View Plane _ Subdivision Historic Designation OmOminihmizatim Text/Map Amendment Q'aS Allotment Jot Spl.it/Iat Lim — GMS EM30ptiOn Adjustment 8) Desarlptjm of FYistug Uses (mm1ber and type of existing stnic bares; apprmrimate sq. ft.; camber of bedrooms; any previous � approvals granted to the property) - . Jv0 J NUn l( ets 2 00n TI2 Gower /Ci/IIe JGO �e S40 P 4cekery % rL \4 / Sfidr� / jF VC? C- [.; I TZOC�C7 lrl % O G key / cic.ru , 10) Have you attached the followinrf- Response to Attadment 2, Minimm Hipp O0ntents Response to Attadment 3, specific almissi0n Omtents Rise to Attadment 4, Review Standards for Your Application July 27,1988 Dear Sir: I am the owner of the building located at 308 So. Hunter Street, Aspen Colorado. I understand Paul Dudley is making an application to the city in order topermit a bakery /resturant. He has my approval for this type of use for my building. If I can be of any assistance in his acquiring the city's approval please let me know. :x GERALD P. LONG' ,-1., o.r THIS AGREEMENT, made this e' 144' day of July, 1988, between A. RANDALL JENKINS AND JUDY TOPOL JENKINS, ( "Jenkins ") , as Tenant, and DUDLEY'S DINER, INC. and PAUL DUDLEY, hereinafter referred to as "Dudley ", as Assignee. WITNESSETH WHEREAS, Jenkins, as Tenant, was party to a Lease and Lease Agreement dated October 15, 1986, (the "Lease ") , with Gerald P. Long, as Landlord, and WHEREAS, Jenkins possesses all right, title and interest in nd to said Lease as Tenant, and desires to sell, assign and ransfer the Lease to the Assignee, and the Assignee desires to ccept said sale, assignment and transfer upon the terms and onditions hereinafter set forth, and WHEREAS, so far as is known, Jenkins and the Landlord have no ims or defenses one against the other by reason of said Lease. NOW, THEREFORE, in consideration of the premises and of the ual covenants herein set forth and for Ten Dollars ($10.00) other good and valuable consideration, the receipt of which acknowledged, it is agreed as follows: 1. Assignment. Jenkins hereby sells, assigns and transfers the Assignee any and all of Jenkins' right, title and interest and to the Lease. 2. Acceptance and Indemnification. The Assignee hereby epts the foregoing sale, assignment and transfer, and promises agrees to pay all rent and additional rent and to faithfully form all covenants, stipulations, agreements, and obligations er the Lease accruing on and after July 8, 1988, or otherwise ributable to the period commencing said date and continuing 3. Consent of Landlord. In consideration of the foregoing, he Landlord hereby consents to the assignment of the Lease by enkins to the Assignee, but upon the express condition that either such consent nor the collection of rent from the Assignee hall be deemed a waiver or relinquishment for the future of the ovenant against the assignment or subletting. By his signature ereon, the Landlord hereby agrees that Jenkins shall be released rom any and all responsibility under said Lease arising on or fter July 8, 1988. 4. Modification of Lease. By his signature hereon, the dlord agrees that Dudley shall have the option to terminate Lease on or before November 1, 1988, upon fifteen (15) days ice to Landlord in the event that the City of Aspen deter - es, during the review of Dudley's application for the approval a restaurant in the space, that the space may not be utilized i for bakery operations. 5. agreement Binding. This agreement shall be binding upon the successors and assigns of the parties. The parties shall execute and deliver such further and additional instruments, agreements and other documents as may be necessary to evidence or carry out the provisions of this Agreement. IN WITNESS WHEREOF, the parties have executed this document on the day and year first above written. TENANT: CIL A'. RANDALL JENKINS � to 1 coy Jerk JUDY TOP L JENKINS LANDLORD:^ GERALD P. LONG t n ASSIGNEE: DUDLEY'S DINER ,,_ IN , By. its _ -s, PAUL DUDLEY, INDIVIDUAL-,bY pp 77D w. • ..... . ..... 4i jDvd�e /f VinP�lh 1l c' y _ � ,� ABC- �- ray Iv,y c,7-- // - - - -- �7 41807 y - - - 4310 c:K Er -It `/ 0 7' `o k l" ci (Y C7 loc 1-7 .Lohy a4> o1 �c„l� y See �7%`u�lG 1e77`r<- crhO�/ o!) Gl GO�i- or. -7�-?v" k (/s ,. /f��f cfFGct is vh 7`4� Oh/ey7'�74eG/ rc Sl e h a -QAI- ,?ho s h7t;:-q/ a c -- GC/0r- _/�(�iq - Gosyj weal ov% Sehl�ic - c,v e o h %— iWct h-r— 7—&a-1 776 7 47`. - T - � -e w world wcf P;7 7-6 S ,Li v -e l y c, o k— a it Cy/ 75!�C=- -- -- w� 0c ;7`- se, o /�l� � f( - - C(S —yS�- o w /s� / ! �/ �/ q �c ,s � G� QeC�OeAi 0 cl al cv e 6//117`'7 CC /oc-ce l/o wIA?'r /tai Klhy- oh /� yJUO /�. - e `7 /�f-o l �e Gf S T /lril / Ch %` /S - v Ong Giov�„ �" _ (� vc� 4p U�> wov /d 6-e- -� (% L°/ 6&,o C/(cel loo 7 L-- A6 ,� 7` is aheG c� l/ 64! x / 7/ e- GUOU�a� �ro6c ly Z7e 1 y fcr�Cy Cz 7`4 / u / Qt �7C1�i�1 �o� X700 cel. \S Q�l d�y�li'i _ K.�oc��r S- ctrv�_ C —t. - CA V a & Gi 4eJ_ 57 u v- J -7/ CC 1 - G?_!41v\ LucLitd io.s.s, lo% d z s'c�-vcd_ 7 - 7,,5, ee- VILC� ems% w� - hae�l�e_Fn,sr,oh -T-0 Ser -I��c e Ct_�- _rt?- ._CYih_ni - call_ cA U _ 1 c f �l c_417� r 0� . S U C- S lam? vJo-t /sue_ re STrfC --tad c - li )0 A7 / S.- W 4E-- cto- C{ O L/ o /oy�e��__ - hid -Qr f�_� I/ />f`L/ r_7` e`C, .o *46, ,3OB S Hui-re �- o/ 4-j `s /�-��^3/ t- G co c,✓I�y J� � ' 1 KI✓l 3 U; icy F-cc dU fsrw^ �I,rx taa 30 avotAu KraIwrwaved �.�r�rr[ /�/� ,r�C677 g118C A. D. 39Ifa.. at.l�l$_o,bek._E N iJj1AIs,r.! an Ytar4�} -i .. .RECORDER. garptisa Nay.}.�9I�. - -- Bf'...._..JH1Sd_H811C_. __....._ ...._ ....... DEPUTY � '��jg Made this 10..h day of May in the year of our Lod i I o douaaodniwhwxbwand seventy four between CLARABELLE GAGNE n: of the Covinty of Pitki.n and State of Colorado, of the fiat part, and GERALD P. LANG and PATRICIA D. LONG �I of the County of Pitkin and State of Colorado, of the ;econd pert; Wttneueth, That the said part y of the first part, for and in consideration of the sum of ONE HUNDRED DOLLARS AND OTHER GOOD & VALUABLE CONSIDERATION Wnwm, to the said party of the first part in hand paid by the said parties of the second pert, the receipt whereof is hereby con- fessed aad acknowledged, ha S granted, bargained, sold and conveyed and by these presents, does grant, bargain, sell, couvey and confirm, unto the said parties of the second part, not in tenancy in common but in ,oiat Lemony, the survivor of them, their &mgrs and the heirs and assigns of such survivor forever, all the following described ;or s or parcel of land 11 situate, lying and being in the County of P i t k i n and State of Coloreds, to .:Y.) SOUTH ONE -HALF OF LOTS A, Be & C BLOCK 100 CITY AND TOWNSITE OF ASPEN PITKIN COUNTY, COLORADO- Together with all and singular the hereditaments and appurtenances thereunto belonging, it in anywise vppotnaining, and the reversion and reversions, remainder and remainders, rema, imues and profits thereof; and all the estate, right, title, interest, claim and demand whatsoever of the said party of the first part, either in la^: or equity, of, in and to the above bargained premises, with the hereditaments and appurtenances. - To Have Silo to Hold the said premises above bargained and described. with the appurtenances. unto !i.e said panics of the second part, the survivor of them, their assigns and the heirs and a`=igo+ of � .h survivor forever. And the =a.d panY of the first part, for her self to her heirs, varcutom and adrnmi•trebxs, l,eS covenant, grrint. bargain and agree to and with the said partirs of the se -m•1 part ., v, ,r . - .. -'.n. uAr assigns and t e i.eve and a;s:gns of such survivor, that at the time of the enseeling and d,livcrv. ...,t , She IS icell , nci of the pr, :ni+es above conveyea, es of good. sure. perfect, absolute and mil• r•wii t t •.i m� ttencr, m Iax m fte .impte and ht S good right, full power and lawful authority to grant. l,vrgitm — i i . v.+ r. , i:o•• in m, , r anti L.r n tl rc -aid, ind that the same are free and clear from all former and other giant., it "'.1. vl<.-, t sr a� cesnwrts and m umnr necs ,pf whatever kind ornaturesoever, except genera taxes for i�7� anc� except beech o_ Trust recorded June 16, 1965, in Book 213, at Page 312, and the above bargained premises in the quiet and pvacrahle pn..ec ion of th. paid parties of the second n'irt, the =urv-ivor of them, their assigns mid the heirs and &,,signs of suet, survivor, against all soli cVery pervni or pcnoon i,r..fuily sliming ,.r to claim the whole or any part thereof, the said partV of the first part shall food will WARRASF 1SD FOREVER DEFEND. In Witness Whereof, The said party of the first part he S hereunto set her heed and seal the day and year first above written. Signed, Sealed and Delivered in the Presence of - ` CLARABELLE GAGNE✓ SEA) i fSF..tL1 i - STATZ Or COLORADO 1 c County of . The f xvemng iri,'trum ^rat was xrknnwledgeJ '� \ ��Y• "�l' before me this.. 10th day ot. _. May ,I9.I4 . . Clarabelle Gagne 3 t tti( : +1 t,a by. c'► ...__ Wimaaa my hand and o(ficui sea My commission expires._. Dec ... er 20 e. 1975• ..... . _ a L ans .- Gi &4g Pubbe. to if•H .raesuwe.l. n ry are wt a uret ..mr d.r. w Amid j]}r.ItEVIs WApetANTY DEED TO JOINT TENANTS —TMG V HsrW rn h Hwa a rieea Ca. D... 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