HomeMy WebLinkAboutcoa.lu.cu.Flying Dog Brew Pub.A51-91FLYING DOG BREW PUB CONDITIONAL USE
A51-91
CI
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CASELOAD SUMMARY SHEET
City of Aspen
DATE RECEIVED: 9 20 91 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 0, 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: 2 STEP:
P&Z Meeting Date PUBLIC HEARING: YES NO
VESTED RIGHTS: YES NO
CC Meeting Date
PUBLIC HEARING:
YES NO
VESTED RIGHTS:
YES NO
Planning Director Approval:
Paid:
Insubstantial Amendment or Exemption:
Date:
-------------------1---------------! ---
---------------
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 -(AA,, -ki
Aspen Con . S . D .
Energy Center
_
{� z,1i c'
DATE REFERRED: to
INITIALS:
FINAL ROUTING:
DATE ROUTED: ; �- "2 INITIAL: �%C -
_
- City E
" Zoning
�/ Env. Health
City Atty
7-Other
}neer
Housing •
-�(�
FILE STATUS AND LOCATION:
0
•
MEMORANDUM
TO: Bill Drueding, Zoning Officer
FROM: Leslie Lamont, Planning
DATE: October 29, 1991
RE: Flying Dog Brew
Conditional Use
Pub Insubstantial Amendment to
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
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.
bi�Lne Moore, City Planning
Director
3
MEMORANDUM
To: Leslie Lamont, Planning Office
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
•
MEMORANDUM
TO: City Engineer
Environmental Health
City Clerk*
eslie Lamont, Planning Office
RE: Flying Dog Brew Pub Insubstantial Amendment to a
Conditional Use
Jna.rc e / Zo � a79' 7-
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?
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5)
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ATi11f� �T 1
LAND USE APPUCATION FORM
Y / / I - x� : _. . ,a- `i /. A/9
Project. Name
Project Location
(i ne3 i catr s£s6et address, lot & block number, legs-L aesc:-ripuon wnere
appropri. � ::e)
Present Zoning (/, C� lJ� e 4) Lot Size
Applicant's Name, Address & Phone
Representative's Name, Address & Phone
0111" Al� 4, �� lv teams --
7) Type Cjf Application (please heck all that apply) :
OorKxVtual Historic Dev.
tioc SPA
Special Review Final SPA Final Historic Dev_
Stream Margin Final PUD
Mountain View Plane Subdivision
Condo i ni tarsi Zation Ztxt/Map Amendment
Lost Split/Lot Line
Adjustment
Minor Historic Duv-
Historic Demolition
Historic Designation
GMZS Allotment
8) Description of EXI.St.IrIIJ Uses (rvd� and type of en-t i xxj res- ;
approximate sq_ ft_ ; ramber of bedroams-; any Previous appLcmrls meted to the
pr'opery) -
9) Description of Development Application j ee—
10) have you attached the follOwing?
Response to Attachment 2, Minimum SZ ibmi Lss ion Contents
Response to Attachment 3, Spc3cifi.c Submission Contents
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.
0
September 20, 1991
City of Aspen
Planning do 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, 1991
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, 4.r Co.uasT� ca. �4W-o-Q--� p.
Sincerely,
Bert Bidwell
,** 600' 39Hd -lHl0i **
0
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1) Project Name
2)
Proj ect I ovation
( indicate st
appropri.� ::e)
BRIT .l
LAND /USE APPII20MO11 QFOR14
loeh
, lot & bloc]c m=ber, legal description where
3) Present Zoning (, C� C%lT 4) T-ot Size 1
5) Applicant's Name, Address & Phone ` �O/'�1? oxFIL�GI.(�J/L.t/
zd x la �� Oree•�
G) Representative's Name, Address & Phone � // i�l�(! ��Ilpy_
7) `Type cr�f APPllition (please check all that apply) :
Cb� tonal Use Oonceptual SPA Oonoeptual Historic Dav-
Special Review Final SPA Final historic Dev-
8040 Greenline Conceptual PUD Minor Historic Dc-v-
Stream Margin Final PUD historic Demolition
Mountain View Plane Subdivision Historic Designation
paryjcm_n i um i nation T xt/Map Amendment C M:)S Allotment
I-ot SplitlIcst Lime GK�S motion
Adjustment
8) Description of F ri st- i ng Uses (mmb r and type of eN�g stxl�;
approximate sq. ft- ; rumbe of bedroczos; any prevlox-Is approvals granted to the
propertY) -
v
9) D ascription of Development Application See— 6i_� e
s
10) Ifave you attached the following?
Response to Attachment 2, Minimum Sl ibmiss ion Contents
Response to Attachment 3, Specific SuWiSSion Contents
__ Response to Attadm�,Tt 4, Review StarrL3rch_s for Your APO- lication
•
•
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 I). 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 om 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.
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.('�he kegs are taken out the back door into the
alley whgre we use our one parking space and this also has no
negative_ impact -T
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.
1�
•
State of Color : do
r eNow
t of Reve ue
Liquor Enforcement Division
1 (I ; n pht%%mne% F34 rrrt
1)r.uver, Colouai lu 140261.
LAURETTA'S OF ASPEN
INC
LAURETTA'S OF ASPEN
424 E COOPER ALOE
ASPEN CO 81611-1832
Alcoholic Beverage License
Account Nurtber
Count CRY Indust. T ��"�ry�"'"�°" Liability Date
I LICENSE EXPIRES AT AGDMGHT
04-94040-003
1 57 001 5812 3 100291
OCT 01, 1992
Type
Name and Description of License
Fee
C
WHOLESALE BEER LICENSE
TOTAL FEE(S)
525.00
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.
Division Director
OR 8402 (3-88)
...............................................................
JLC
0 C T 9 3 1991
Executive Director
i
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-IF
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7.
0 0 0 0
Liquor Enforcement Division
Bill 13"Ou 0"erman Street
X?v
Denver, Colorado 80261
LAUREITA'S INC
424 E COOPER
A 'N CO 81611
SPE
".4
�A'
Alcoholic Beverage Lice
-ADPWN T UCII VWWSAT
2 57 t�Ool 0001 5812 3 051491 MAX'130 190
U.
---- No
A
MANUFACTURERS LICENSE 6WERy
L 'it
TOTA
$ 275.00
0j"
This license is issued subject to the laws of the Stale of Col
orado, and vVecially utal'WPA
J., I
pmviskm of Tide 12, Articic3 46 or 47, CRS 1973. as amcridc& This tkttm'r-W,
U=fcmble and "I be con
spicuoWy posted in the place above descri
be& This Ik
only valid through the expiration date shown above. Questiom-c(Xicerning this r-'
should be addressed to the DI.-Partrient of Revenue, Liquor Enforcement Diviml,:
Shcm= Street, Denver, CO 80261. A'
In testimony whereof, I have hemuntoset my hand.
JLC
DMsion Di-ecior
Executive 0W0CWr
OR 4402 (3-68) MAY 1 5 091
0
•
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Recorded at....3 47............. o'clock ......
P..M.......... September...28a...1.9.6.5...........................--.
Reception N,�. 65 ........
.... pq$gy.... a...Cob le•-•
�............. P-e"o tnK 215
1 ni M
Signed, Sealed and Delivered in the Presence of
vyllf$ jIPPb, Made this 28 day of
one thousand nine hundred and sixty- f ive between
of the County of Pitkin
Bert Bidwell Investments Corporation
of the County of Pitkin
September in the year of our Lord
Bertram A. Bidwell
and State of Colorado, of the first part, and
and State of Colorado, of the second part:
WITNESSETH, 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 M%LXF=
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 part y 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
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,
claim and demand whatsoever of the said part y of the first part, either in law or equity, of, in and to the above bargained
premises, with the hereditaments 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 himsel f
heirs, executors, and administrators, doe a covenant, grant, bargain and agree to and with the said part y of the second
part, its heirs and assigns, that at the time of the ensealing and delivery of these presents,
well seized of the premises above conveyed, as of good, sure, perfect, absolute and indefeasible estate of inheritance, in law, in fee
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, sales, liens, taxes, assessments and
encumbrances of whatever kind or nature soever.
Except general taxes for the year 1965 and subsequent years.
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 WITNESS WHEREOP, The said part y of the first part ha as hereunto set h is hand and seal
the day and year first above written. i
Bertram A. Bidwell
.......--•-•---...:....-..-._........... [SEAL]
----------- ------------------- ISEALI
.................... .---..... -------- ------- ------------ *................� -
` ATE OF COLORADO 1
}ee.
• A.' County of Pitkin JJ
: "'.The fotegoing inarument was acknowledged before me this
by _ Bertram A. Bidwell
=M+y.c6uifatesl�n pires May 2 , 19
67
28 day of September
Witness my hand and official seal.
•
Notary Public.
*If by natural person or persons hero insert name or names; if by person acting in representative or official capacity or as attorney -in -fact, then insert
name of person as executor, attomey-in-fact or other capacity or description: if by officer of corporation, then insert name of such officer or officers, u the
president or other officers of such corporation, naming it. I .
NO. 333 WARRANTY DEED —FOR PHOTOGRAPHIC RECORD—Tht C. F. Hoeckel Blank Book k Litho. Co., Denver, Colo.