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HomeMy WebLinkAboutcoa.lu.cu.Flying Dog Brew Pub.A51-91CASELOAD SUMMARY SHEET City of Aspen DATE RECEIVED: 9120191 PARCEL ID AND CASE NO. DATE COMPLETE: _ A51 -91 STAFF MEMBER: LL PROJECT NAME: Flying Dog Brew Pub Conditional Use Project Address: 424 East Cooper Street Mall, Aspen Legal Address: Lots O R & S - Block 89 APPLICANT: George Stranahan Applicant Address: Box 70 Woody Creek CO 81656 923 -3614 REPRESENTATIVE: Richard McIntyre Representative Address /Phone: 1625 Road 111, Carbondale CO 81623 963 -1929 PAID: YES (NO) AMOUNT: NO. OF COPIES RECEIVED 1 TYPE OF APPLICATION: 1 STEP: P &Z Meeting Date PUBLIC HEARING: VESTED RIGHTS: CC Meeting Date PUBLIC HEARING: VESTED RIGHTS: 2 STEP: Paid: YES NO YES NO YES NO YES NO Planning Director Approval: Paid: Insubstantial Amendment or Exemption: Date: L.� G,cvti--(�C. - V c REFERRALS: City Attorney Mtn Bell School District City Engineer Parks Dept. Rocky Mtn NatGas Housing Dir. Holy Cross State HwyDept(GW) Aspen Water Fire Marshall State HwyDept(GJ) City Electric Building Inspector Envir.Hlth. Roaring Fork Other Aspen Con. S . D . Energy Center DATE REFERRED: / INITIALS: FINAL ROUTING: City Atty City E Housing Other: DATE 7ROOU /TED: ! INITIAL er_ "Zoning _Env. Health FILE STATUS AND LOCATION: TO: Bill Drueding, Zoning Officer FROM: Leslie Lamont, Planning DATE: October 29, 1991 RE: Flying Dog Brew Pub Insubstantial Amendment to Conditional Use SUMMARY: The Flying Dog Brew Pub seeks to amend their conditional use approval to allow take out beer in recyclable plastic bottles and kegs. APPLICANT: George Stranahan, represented by Richard McIntyre LOCATION: 424 East Cooper, Aspen, Colorado, Lots Q, R, S - Block 89 ZONING: CC - Commercial Core APPLICANT'S REQUEST: To amend conditional use approval for take out beer. REFERRAL COMMENTS: Engineering Department - 1. The Engineering Department takes no exceptions to the applicants sale of beer off premises as long as item number 3 of Resolution No. 91 -4 of the Planning and Zoning Commission is maintained. (I believe the maximum number of kettles should have been three). The occupancy rating is tied to production. Any increase in production, by modifying the existing process, will change the occupancy rating into a manufacturing facility which dramatically changes the building's requirements. City Clerk - the current liquor license does not need to be amended to allow "wholesale beer" on the premises. Please see attached liquor license. STAFF COMMENTS: The Flying Dog Brew Pub would like to package their beer for take out purposes. According to the application beer would be packaged in 2 quart recyclable plastic bottles. The bottles would be filled at the bar upon request. Restaurant customers or those customers that do not wish to drink in a bar would be able to take beer home. The applicants would also like to sell their beer in a standard 15.5 gallon keg for catered parties. (The brew pub has been approached by several non - profits 1- NW.01 1.00V to donate their beer for various fundraisers.) The kegs will be taken out the back door into the alley for delivery. The applicants have a clear understanding from the property owner, Bert Bidwell, that keg customers will not be permitted to use any space in the parking lot for pick -up or delivery purposes. The kegs will be delivered to a waiting auto. The Brew Pub received conditional use approval, from the Planning and Zoning Commission, to operate a brew pub in the CC zone District. Pursuant to Section 24 -7 -308 an insubstantial amendment to an approved development order for a conditional use may be authorized by the planning director. Although the P &Z Resolution approving the Brew Pub did not specifically prohibit take out the applicants did represent, at the P &Z public hearing, that brewed beer would only be consumed on the premises. Therefore, staff presented the take out proposal to the P &Z requesting the P &Z's clarification whether the change could be considered insubstantial. The P &Z was comfortable with the level of review and directed staff to continue the insubstantial amendment at the staff level. Section 7 -308 establishes the following standards for an insubstantial review: 1. The change will not cause negative impacts on pedestrian and vehicular traffic circulation, parking or noise; and RESPONSE: The take out will be used by either customers leaving the restaurant or customers coming in specifically to take out a bottle or two of beer. The kegs will be taken out the back door to a waiting vehicle. It is anticipated that the ability to provide take out beer will not have a detrimental impact upon the pedestrian or vehicular traffic patterns. Brew Pub take out is not inconsistent with other businesses within the Commercial Core as there are many food service establishments that provide take out, please see attached list with map. 2. The change will not substantially affect the tourist or local orientation of the conditional use; and RESPONSE: Take out will provide another venue for a locally made product to be distributed to the local and tourist trade. 3. The change will not affect the character of the neighborhood in which the use is located; and RESPONSE: The neighborhood is commercial /retail in character. Many food service establishments, which are permitted uses within the CC zone district, provide take out services. 4. The change will not increase the uses's employee base or the retail square footage in the structure; and 2 RESPONSE: There will be no increase in employees. Current employees, e.g. the bartender, will fill take out bottles and kegs. Net leasable square footage will not increase and as was indicated in the Engineering referral comments the capacity of the brewing operation as approved by the P &Z cannot change. Any increase in brewing will change the occupancy rating of the restaurant to a manufacturing facility. 5. The change will not substantially alter the external visual appearance of the building or its site. RESPONSE: All operations are internal to the building and take out will not affect the external appearance of the building. RECOMMENDATION: Staff recommends approval of the insubstantial amendment to the conditional use approval for the Flying Dog Brew Pub with the following conditions: 1. The capacity of the brewing operation which is 1000 pounds of on site storage of barely, a maximum of two brew kettles, total B.O.D. less than 300 ppm and Suspended Solids less than 60 ppm, and a maximum of three brew per week shall not be increased without additional Planning Department and /or Planning and Zoning Commission review. 2. Any increase in production, by modifying the existing process, will change the occupancy rating into a manufacturing facility which shall dramatically change the building's requirements and shall be reviewed by the Building Department. I hereby approve the Insubstantial Amendment to the Conditional Use pursuant to Section 24 -7- 08 of the Municipal Code. ne Moo e, City Planning Director MEMORANDUM To: Leslie Lamont, Planning Office 071' 17 From: Rob Thomson, Project Engineer ?s Date: October 16, 1991 Re: Flying Dog Brew Pub Insubstantial Amendment to a Conditional Use Having reviewed the above application the engineering department has the following comments: 1. The engineering department takes no exceptions to the applicants kinds of sales off premises as long as item number 3 of Resolution No. 91 -4 of the planning and zoning commission is maintained. (I believe the maximum number of kettles should have been three). The occupancy rating is tied to production. Any increase in production, by modifying the existing process, will change the occupancy rating into a manufacturing facility which dramatically changes the building's requirements. rt /memo91.74 TO: City Engineer Environmental Health City Clerk* ---FRA eslie Lamont, Planning Office RE: Flying Dog Brew Pub Insubstantial Amendment to a Conditional se pare. z- �a737- DATE: October 9, 1991 ----------------------------------------------------------------- ---------------------------------------------------------------- Attached for your review and comments is an application from George Stranahan and Richard McIntyre requesting approval of an insubstantial amendment to the Conditional Use Approval for the Flying Dog Brew Pub. Please return your comments to me no later than October 16, 1991. Thank you. *Does this request require an amendment to their liquor license? �° .. ATII+CIRgSIT 1 IAND APPLSCATION FORM / 1) Project Name �j dJG4 �f ti3 �iv6 � o�CiC/1 �S 2) Project location O s (indicate strdeet 3ddtess, lot & block amber, legal descripti where approprL: %e) 3) Present Zoning (; (� Z OAJe 4) / lot size s) Applicants Name, *�s &Phone $ !/D{ /? V�f A% 'w ,'d. l dx �7 , wd oo O'retl� Col so � 'Z93 - 3�✓ G) Rep Name, Address & Phone $ 7) oAppli tion (please check all that apply) : 7 _ Conceptual SPA 0onceptual Historic Dev. Special Review Final SPA Final Historic Dev. _ 8040 Greenl.ine Conceptz1al POD Minor Historic Dev. Stream Margin Final FOD Historic Demolition Mountain View P 7ale _ Subdivision Historic Designation Co ndominiu iza tion Text/Map Anendmnt _ GK)S Allotment lot Split/Int I i rp — GK S Emotion Adjustment 8) Description of Existing Uses ( number and type of existing structures app sq. ft.; amber of bedrooms; any previous approvals granted to the property) - 9) Description of Develop Application See- e(! ;�f-' 10) have you attached the following? Response to Attachment 2, Mi nimum Sutmission Contents Response to Attactment 3, Specific Submiss Ocntents Response to Attachment 4, Review Standards for Your Application INSUBSTANTIAL CHANGE OF USE FOR THE FLYING DOG BREWPUB We propose the following kinds of sales off the premises. 1) Sale in a 2 quart recyclable plastic bottle. This would be filled at the bar upon demand. Restaurant customers can take some home, or those who want our beer and would prefer to drink it at home could pick some up. We regard this as a retail "take out" sale. We would not distribute these to other establishments or liquor stores. 2) Sale in standard 15.5 gallon kegs. We would sell these to caterers for their use in catered parties. They would not be sold to other eating or drinking establishments (not even the Woody Creek Tavern!). The demand is seasonal and seems to amount a keg or two per week. We regard this as a retail bulk sale. The kegs are filled in the fermentation room and delivered by automobile via the alley behind the restaurant. 3) We receive requests for us to donate kegs to various fundraisers around town; i.e. Winter Club. We like to support the community by doing this. September 20, 1991 City of Aspen Planning & Zoning Department The State of Colorado requires a wholesale license for any off premises sale or take -out beer. We have in our possession at this time, for the fee of $975, a wholesale license from the State of Colorado. The BATF does not require any additional licensing. Please be aware that the other fourteen brew pubs in Colorado actively promote take out out sales of their product from their establishments. Sincerely, George Stranahan & Richard McIntyre September 17, 199 _ To: Planning and Zoning City of Aspen As owner of the property under review (commonly known as The Bidwell Building) at 424 East Cooper Street. I have reviewed the proposal of The Flying Dog Brew Pub at Lauretta's to establish a "take out" retail service from the restaurant. I have no objection to the proposal and do hereby give my consent and endorsement, Ad Cv.c,ca.T•,p o,. Sincerely, i� Bert Bidwell There is a P.E.T. container for every product you sell P.E.T. containers began a revolution in food packaging more than a decade ago. Today, the rev- olution continues as food and household packaging of every type is converted to P.E.T. to meet con- sumer demand. 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We give out cus- tomers a competitive edge by deliverrMF high- performance pro- prietary' containers- Our oval cross section and side grip contain- ers were designed to help liquor bottlers and makers of person- a! care products tap the many advaritages of P.E.T. 2 Johnson Cc- trols: P.E.T. contair►er technology that is transforming markets worldwide ohnson Controls' global leadership in P.E.T. container technology can help You satisfy con sumer demand to , this safe, appealing packaging. Our experience and resources can make your conversion a success — whatever your products or markets might be. Consumers around the world never stop! ing for gzeatez vlue, convenien :_ ,d qus!i- ty- Today, ontoiners made of crystal - clear, 100% recyclable P.E.T . (polyethylene tereph- tha ate) deliver the qualities that con- sumers want, product purity, safety, light weight and visual appeal The widespread con- sumer demand for P,E.T. containers gives you a powerful tool to tap new markets and expand existing ones. Worldwide use of P.E T for ' stainers doubied in the last half of the 19V5. That usage is p�oiected to double again by the middle of the 1990s. The leader in this o!ob- al conversion to P -E T. containers is Johnson Controls. Arutudlly, we produce more than 4 billion P.E.T con- tainers. Customers in hundreds of markets around the world rely on our single- source capability to meet every one of their PST packaging needs, From cent- effective stock containers, to advanced technology for design, testing, manufacturing and shipment of pro7ri- c'ra CV ti7T.taFPer > johnson Contro ls aeiiver5 on -time s0!u- ticai5 Ichnson Controls stands alone in the ability to deliver a wholly integrated technology to meet 'OUT PIT container needs. All of it is avail- able for you, today. More than 70% of totat worldwide growth In P.E.T. use during the mid -90s and into the mid -90s is due to growth in consumer demand for PST packaged goods in markets outside the V.S. AT1 VIffqWr 1 IAND USE APPISCArION FU;7A 1) Project Name Al f T N • .- 4� - �-,• 2) Project location U h �� X S - /a k ( str6et Address, lot & block number, legal description where appropri:.:E) / /1 3) Present Zoning ( 2UUe 4) ( Iat Size 5) Applicant's Name, Address & Phone Z6 zdt � a GtJyo� ( , 0 6) Representative's Name, Adder —e & Phone # /�/C.y /v, 7) Zype of Appli (tion (please check all that apply): ' �� yo po� SPA Conceptual Historic Dev. Special Review Final SPA Final Historic Dev- 8040 Online _ COnCep PUD Minor Historic D&v- Stream Margin Final HUD Historic Demolition Mountain View Plane _ Subdivision Historic Designation cond ominiumiza tlon _ Zpxt/Map Amendmen QK�S Allot lot Split /Ivt Tim Q'as E xemp ti on Adj ustmen t 8) Des=iption of Existing Uses (amber and type of vxistipq structures; approvals granted to the app sq. ft -; number of bedrooms; any previous property)- 9) Description of Development Application SQe- 6�h ed- v lo) Have you attached the following? Response to Attacfmant 2, Mi nlmm, Submission Contents Response to Attachment 3, SpecLflC Submi ss ion Contents Response to Attachmf---ut 4, Review Standards for Your Application INSUBSTANTIAL CHANGE OF USE FOR THE FLYING DOG BREWPUB We propose the following kinds of sales off the premises. 1) Sale in a 2 quart recyclable plastic bottle. This would be filled at the bar upon demand. Restaurant customers can take some home, or those who want our beer and would prefer to drink it at home could pick some up. We regard this as a retail "take out" sale. We would not distribute these to other establishments or liquor stores. 2) Sale in standard 15.5 gallon kegs. We would sell these to caterers for their use in catered parties. They would not be sold to other eating or drinking establishments (not even the Woody Creek Tavernl). The demand is seasonal and seems to amount a keg or two per week. We regard this as a retail bulk sale.(The kegs are filled in the fermentation r and delivered by automobile via the alley behind the restaurant om 3) We receive requests for us to donate kegs to various fundraisers around town; i.e. Winter Club. We like to support the community by doing this. INSUBSTANTIAL CHANGE OF USE FOR THE FLYING DOG BREWPUB ATTACHMENT 4 1. 2 quart bottles are taken out either by customers leaving the restaurant after a meal or customers coming in specifically to take out a bottle or two. In either case there would be no negative impacts on pedestrian and vehicular traffic circulation, nor on traffic or noise./� kegs are taken out the back door into the aIIPv where we u e our one Darkinq space and this also has no 2. The change will add two more modes to the local availability of a locally made product. We believe this will enhance the tourist and local orientation of the Brewpub. 3. The neighborhood is retail and restaurant in character. Take out in 2 quart bottles will not affect this character. If the kegging operation were large scale then the alley would be affected with loading and unloading kegs, but we do not have the capacity to do more than a few kegs a week, nor is there demand enough from catered parties or community benefits. 4. There will be no change in employees and no change in the retail square footage in the structure. 5. There will be no change to the external (or internal) appearance of the building or its site. 0 __ � v- ,c 7 State of Colorado NIMB W. 10 - 0 00 11 ent of Reese t ue Liquor Enforcement Division 10:11 1:11NPFeeiQii I4I6'ne1 Denver, Colorudo 1102111 LAURETTA'S OF ASPEN INC LAURETTA'S OF ASPEN 424 E COOPER AVE ASPEN CO 81611-1832 Alcoholic Beverage License A=unt Nubw 04- 94040 -003 t C' Indust T. T LIeDi' Date 57 001 5812 3 100291 I LICENSE EXPIRES AT YDNOHT OCT 01, 1992 Type Nar end Description of Lkenee Fee C WHOLESALE BEER LICENSE TOTAL FEE(S) This license is issued subject to the laws of the State of Colorado and especially under the provisions of Title 12, Articles 46 or 47, CRS 1973, as amended. This license is non- transferable and shall be conspicuously posted in the place above described. This license is only valid through the expiration date shown above. Questions concerning this license should be addressed to the Department of Revenue, Liquor Enforcement Divison, 1375 Sherman Street, Denver, CO 80261. In testimony whereof, I have hereunto set my hand. 6. Division Director JLC 0CTos 199] OR 8402 (3 -88) Executive Director �_ 1 J II 1 � 4 I ! it r� k H iR apt °. uII IE <u ' RK it i r1 �.. Mill, . R F / fog R F LIST OF ASPEN GROVE BENTLEY'S BOOGIES THE CANTINA CHART HOUSE COOPER ST PIER EASTERN WINDS THE GRILL GUIDO'S LA COCINA LITTLE ANNIES MEZZALUNA MILAN'S MOTHERLODE OLEARY'S POPPYCOCKS RED ONION SHLOMOS SMUGGLER STEAK PIT SZECHUAN GARDEN TAKA SUSHI UTE CITY BANQUE WIENERSTUBE ASPEN /� � R -,/ ET � AURANTS 4G c:- . 'LI "�c � o w OFFERING TO GO FOOD AN aSVEN 1LV1 Pnro\ L LUB N OUBE J Nfa Ma P.mr+..NP RSVF.4wn sR^+ S, sc. npNpn •LL.Irleerr.n •ON f....... COOPERAVE. VN.EP MIZI J W.gmr Frm YxeNy N n `1DU c B• /SW.• c `� BNw. F I LE„'E ^ m,LO K .: R IL.i l+u m W LNcb F Nr61I P� Nlkn N HYMANAVE. 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(..4 file-N f. iPPI l Recorded at .... 3 47 . ............. o'clock ...... P. _M .......... September.._ 945. ................ _........ Reception Mel — 965_ ....... ............ Pe8$y...E.. - .-- .............Arco (� 'L�UK2��J PhC[��U (�!i {Jjl �lpQ� Made this 28 day of September In the year of our Lord one thousand nine hundred and sixty -five between Bertram A. Bidwell II of the County of Pitkin and state of Colorado, of the first part, and Bert Bidwell Investments Corporation of the County of Pitkin and state of Colorado, of the second part: WITNEBUTH. That the said part y of the first part, for and in consideration of the sum of ten dollars and other good and valuable consideration D"Joa B7f to the said part y of the first part in hand paid by the said part Y of the second part, the receipt whereof is hereby confessed and acknowledged, ha s granted, bargained, sold and conveyed, and by these presents do e s grant, bargain, sell, convey and confirm, unto the said party of the second part, heirs and assigns forever, all the following described lot or parcel of land, situate, lying and being in the County of Pitkin and State of Colorado, to-wit: Lots Q, R and S in Block 89 in and to the City and Townsite of Aspen, Pitkin County, Colorado encumbrances of whatever kind or nature sorever. Except general taxes for the year 1965 and subsequent years. TOGETHER with all and singular the hereditaments and appurtenances thereunto belonging, or in anywise appertaining, and the reversion and reversions, remainder and remainders, rents, issues and profits thereof; and all the estate, right, title, interest, . -_ _oLim aoddemand whatsoever of the said part y of the firat part, either in law or equity, of, in and to the above bargained premises, with the heredite ments and appurtenances. TO HAVE AND TO HOLD The said premises above bargained and described, with the appurtenances, unto the said part of the second part, i t s heirs and assigns forever. And the said part y of the first part, for h imad £ heirs, executors, and adminiatrators, do e a covenant, grant, bargain and agree to and with the said part y of the second ptu'f, it s heirs and assigns, that at the time of the enseaug an d delivery of these presents, well seised of the premises shove conveyed, as of good, sure, perfect, absolute and indefeasible estate of inheritance, in ]are, in tee simple, and ha s good right, full power and lawful authority to grant, bargain, sell and convey the same in manner and form as aforesaid, and that the same are free and clear from all former and other grants, bargains, roles, liens, taxes, assessments and and the above bargained premises in the quiet and peaceable possession of the said part y of the second part, i t s heirs and assigns, against all and every person or persons lawfully . claiming or to claim the whole or any part thereof, the said part y of the first part shall and will WARRANT AND FOREVER DEFEND. IN WITNEff WHEREor, The mid part y of the first part he as hereunto met his hand and Beal the day and year first above written. i Signed, Sealed and Delivered in the Presence of dw e ll Bertram A, Bi ..._..___----•------._.. _ - ----- .. ---...- - - -- -- - 28 day of September Witness my hand and of seal. -' -- -' ......... - ..... - Notary Public. ....... . ATE OF COLORADO • •. n ;County of Pitkin mefrnment was acknowledged before we this Bertram A. Bidwell t . f ` 67 y a 6waleer�m licphes May 2 1 19 67 *If by natural person or persons hen insert came or Ulmer; if by Person attisa is representative or official capacity or ae attorneyin -fact, then invert same of Anon r exormUr, atmeney-in -fart or other capacity or description; if by officer of amporatiom then insert nave of such o ®err or officer,, u the president or other oBoen of inch corporation. „anima it. NO. 333 WARRANTY DEED -FOR PHOTOGRAPHIC RCGORD —Thc C. F. Hoeokel Blank Book k Litho. Co., Denver, Calm