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Land Use Case.312 S Mill St.1979-CU-2
506 E. MAIN STREET ASPEN, COLORADO 81611 To: R. Grice, Planning Office 1 From: Alice Falkenstein, Youth & Shelter Program (m)r,/ v'f IC Re: Pinball Palace 1 Date: July 28, 1979 N C This is in response to your June 25, 1979, memo requesting information O and opinion regarding the value of the Pinball Palace. I am not very familiar with the operation at the Pinball Palace. My observations indicated a well -run business (machines in working condition, N customers enjoying the activity). My conversations with youth indicate T that it is an available place for youth to spend time. Drugs are used Y there and other serious problems do occur. There could be more supervision in a youth- oriented establishment. Perhaps this can be arranged with the owners. My bias is that the Pinball Palace operation should be part of a larger youth activities program. I strongly believe that any establishment that attracts youth in large numbers must be extremely well staffed, not only policed but supervised, by adults who can organize and relate to young people. But my bias is as a social worker, not an entrepreneur. Perhaps some combination of the two can work in Aspen, since the Pinball Palace is one of the few, if any, youth activity centers. It is a good place to locate youth and "reach" them for a variety of ventures. AF:md 2 � L N,w� ( P,� k G um . INGAAM - DICKERSON •WEAVER 1;0 'L ESTATE C July 27th, 1979 City Manager City of Aspen Aspen, Co. 81611 Dear City Manager: It is my understanding that there is to be a meeting reviewing the Pinball Palace sometime in the near future. I would appreciate if if you would put this letter in the appropriate file and read it at the meeting where the Pinball Palace is discussed. I am the Manager of the Roaring Fork Building in the mall at 415 E. Hyman Street. Our building has an outdoor arcade between it and the Paragon Building. Since the opening of the Pinball Palace, we have had repeated vandalism in our arcade and exposed hallways. I have been told that the police department feels our problem is a direct result of the Pinball Palaee being located right down the alleyway from us. I am inclined to agree with this theory, because most of the vandalism appears to have been done by young people. Match box fires have been started in our hallways, burning the carpet. Ink was poured all over our white hallway walls, which had to be repainted. Pictures, which were bolted into the brick arcade walls, were stolen and beer bottles and joint butts are found in the exposed hallways often. Evidently, the Pinball Palace is not attracting a very good crowd of Aspen youth. As an interested community member and as an Aspen parent,I see no redeeming value in a place filled with pinball machines where children can gather without supervision. I would like to see these problems brought up in your review meeting. Thank you. Yours truly, Donna Fisher Manager /Roaring Fork Bldg. /dsf 915 East Aymao •Spite 201 Aspen, Colorado 81911 303 /925 -4094 G . PUBLIC NOTICE Re: Pinball Palace Conditional Use Annual Review NOTICE IS HEREBY GIVEN that there will be a public hearing before the Aspen Planning and Zoning Commission on Tuesday, July 31, 1979, at a meeting to begin at 5:00 P.M. in the City Council Chambers, 2nd Floor, City Hall, 130 South Galena, Aspen, to consider whether the operation of the Pinball Palace has been conducted as represented in the application as well as to review the concerns of the potential impact on the community and the objections voiced by the surrounding property owners and business operators. The Pinball Palace is located at 312 South Mill Street. Further information may be obtained at the Planning Office, 130 South Galena, Aspen, 925 -2020, ext. 223. /s/ Olaf Hedstrom Olaf Hedstrom,Acting Chairman Aspen Planning and Zoning Commission Published in the Aspen Times on July 12, 1979. To be billed under City of Aspen fund. • ,t , eTh F * . ,(6 : < yet., - . ' R-kk . 0- Ce- . 1 4-(A-CtCA i tcCi . 11 -C-0,,,(C7 yOlirL he 44 3 6 , l i • , / -),cc / C(7 I, 1 i, , • // &L4 q 42J i'4 it-i-LA , 1 / 4 p 1 2 1 1/1A-C-A-A--C Ay CC--C-LIC Hr P ' , 6(-9 &b C&_ • 1 1 11 . i fi /cc__ a.i/ce4 m 4 f A-1 i 0 il lAAlj t fiLt- / fi _Xe. - 1 e t & g d- (-- r 11; / / iiik - - , - .,_,_,_ / --r-_ vet - A 1 a/id Zt 5/0-fia- fieskto 6-ti i /toll/ 7 i / - - or / ,-,_, -7/L 0 i / - / i /i/ id6C 76 o 1 / , /- 1 .4 / 1 i s / _, // 4 0 I 1 i / /i i i d , fc /(t >A . '0 , ' i 'C . We- ea i y, 0 irgitc-c_ ,/ / I i / vtGA --i / / 1 d i -S ' i % a /d2- kx-h /l�G , _ . , k , 1 / / % a_e___ _Olt d".A--- ' 4-6,44--C_ 1 e' --a---cti -1j_Cit ,e 7/ / #0 ''ILL r / + / .'[ / cgG C-1 CC%L �d (v-en si sa, ft 7 eHAz_ iz‘‘ce(. e_ r r i , / c ir eb , 2 r : tee%/? � - / / / a-A-i--, , . •/ ' '1/4 ( / / - .il .#-' ' ' . 1 - c-f ,VIA---07. AL_ V e-ef0 T 4-,---4 .(_-e / 1 / r' oc G / ,iFtzt -4-50hzni, 5 ' .,4 r 94 it, ' / ,e i,4, Hi � �� czy - s l3 t, /,/ , i , A 7 %� f _ / / / � -�-��- a _.,/ ,„, / / -7 / -/ / / , /' cc, es, "paSi rAy _ .. i / - __ - i // / 0 / . 7 �_ -_ / � :.rte. - . , - --- -..-7•/-r=r---r----.7".fMnarzrs-----,,_ _ens...ad i i ,r, pLe_td__ a e_ic__ z4d- F r -, ycL _e_s_te4,cwec_ce diagtce__ 1 t l _./4L,e_c2-c;t c_r_ci / ' - k A . 4 2 i i 56c-a lioar - / 1 ' / C-ttct R C_ p i gr-Afie ,, , - _ , tw7e_e_ a_ /1 Jk 4' 1 izt_a it / /GC ce ork or W-e koz4 . oes;&=--- tid_e_j_ Tke /64-6 cc tc.x7)& 1 T; / / '/ 1'�, i � / / / // �� � d � �*� / wy � �p / , .' " / /s2-c/J �� � � _ G �^ �/ . / i Id' �p� S C t�C�U YLc --fie S s / 1-- a"T -- /6 -e ' / 4 ' , d- etiti' cY cam✓ . r , :i 17 lit -e / ` - i /(--et/7-e- /GC • / /`�� i -' i. "At -V-2-2/7 MEMORANDUM TO: Aspen Planning and Zonong Commission FROM: Richard Grice, Planning Office RE: Pinball Palace - Childrens' Amusement Arcade - Conditional Use Hearing DATE: July 25, 1979 On July 20, 1978, the Aspen Planning and Zoning Commission granted approval of an application for Childrens' Amusement Arcade (Pinball Palace) at 312 South Mill Street, subject to a one year review at the Commission's option to consider whether the operation has been conducted as represented in the application and as well as to review the concerns of the potential impact on the community and the objections voiced by the surrounding property owners and business operators. Mr. Bert Bidwell recently contacted the Planning Office with a request that the Commission exercise this option for a one year review of that operation. On June 19, 1979, this Commission voted to exercise its option to re- review the Pinball Palace and asked the Planning Office to notify interested persons and schedule a public hearing. Referral was made to John Goodwin of the Aspen Police Department, Pete Murphy of the Pitkin County Sheriff's Department, Alice Falkenstein of the Youth and Shelter Program and the Pitkin County Youth Board. As of this date the Planning Office has received comment from none of these persons or agencies. We hope that they will be present at this public hearing to discuss their views. In addition, notice was mailed to all property owners within 300 feet of the subject property in accordance with 2 -22 of the Aspen Municipal Code. Aspen /Pitk'' 1 / ; ,a ning Office 130 so ' tf treet aspen ' i y :1611 v � , �_ MEMORANDUM TO: John Goodwin, Aspen Police Department Pete Murphy, Pitkin County Sheriff's Department Alice Falkenstein, Youth and Shelter Program Pitkin County Youth Board FROM: Richard Grice, Planning Office RE: The Pinball Palace - Conditional Use Hearing DATE: June 25, 1979 About a year ago, the Aspen Planning and Zoning Commission granted approval for the opening of the Pinball Palace as a conditional use in the Commercial Core. As a condition of that approval, the P and Z reserved the right to re- review the use at the end of the first year of operation. A number of downtown businessmen have requested the P and Z to exercise its option and conduct a hearing in order to take a second look at the operation of the Pinball Palace. The purpose for directing this memorandum to each of you is to request information and your opinion regarding the value of the Pinball Palace. The Planning Office recognizes the need for youth oriented facilities in the downtown area, but we are not sure that the Pinball Palace is the answer to the problem of the community's kids. A public hearing is scheduled to be held before the Aspen Planning and Zoning Commission on July 31, 1979 at 5:00 P.M. The Planning Office would like to include the written comments of each of you in the Commission's packet of written materials for that day. In order to do so we will need your written comments returned to the Planning Office no later than July 25, 1979. In addition, we hope that as many of you as possible will be able to attend the public hearing in order to express your opinions verbally. tl . ' . 4" t ;4'',.,:::: • > s - . ' e . 4,y� F r " "N < s+ *: , au ? 6,. - 2:4! 1 7' y j . M. �... 2 � 4 t 3., a, "x 'a✓` A , i k,/' +e. :. 'S .may .. x y “ t 7 S Jt. Y it - S " v im ,„ - z .i; i sor in . tl r-5 r r'n8dy ' -n rini Csti'i9 $.'�' . X tl 4 . '' Y , . *alibi* t,�. ' , $� �Pgq 1 1R�¢" Y ��� t e l a ,ssr'- .' C N 11 � .. BRADFORD PUBLISHING CO.. OSNVCM RECORD C I F P R O C E E D I N G S Regular Meeting Aspen Planning and Zoning Commission June 20, 1978 Collins asked the status of the single family lots. Huss said they are undeveloped, unsold, and they do not have any plans for them presently. He said there are 9 single family lots and one duplex lot. He noted there are 20 condominiums on 2 building sites; 2, 3 and 4 bedroom units, all sold with a condominium association. The residents agree with this expansion. There are 80 employee, 15 hours a day, 7 days a week with two shifts. Collins asked if there is any on site employee housing. Huss stated that they use the Benedict residence. They are interested in putting in some employee housing. Collins asked if they would need more employees with this expansion. Huss said no. Collins asked if Ute Avenue continues past the Club, Anderson said it continues but it is not a public right- of -way. Smith noted that there is no requirement for a public hearing for a PUD amendment if P &Z and Council recommend approval. They will need a public hearing for the conditional use hearing. She also noted that they k need two motions to approve this. Ensign asked if they should take action on this now if they need a conditional • use hearing. Smith said they can condition the PUD amend- ment on conditional use approval. Welton Anderson asked how many people are on site now during a heavy usage period and how many they anticipate with this expansion. Huss said they are averaging 300 /day and 50 -60 at any one time. They anticipate growing to 1,600 -1,700 members with 400 -450 /day and 70 -80 at any one time. They may expand their hours for the early morning people. Klar asked how much they must be booked to break even. Huss said they must have between 75 -80% usage of ' the club and not exceed 80 %. He noted that most members use the club between 3 -3h times a week with some out there every day. Their hours are 7AM -10PM. Hedstrom moved to recommend approval of the Callahan PUD amendment as set forth in the letter of May 24. 1978, from Garfield and Hecht, inasmuch as it has been shown that conditions have changed sufficiently to warrant such amend- ments and subject to the following conditions: 1) develop- t ment of a city transit system subsidized by the Aspen Club i and by initiation of charges for parking and other parking restrictions satisfactory to the City Transportation Direc- tor and the Planning Office, 2) securing approval of con - ditional use for this expansion, Ensign seconded, All in favor, motion approved. Hedstrom moved to except under Section 20-19, the Callahan , PUD from full application to subdivision regulations sub- E ject to satifaction of the Engineering Department's requirements set forth in the memorandum of June 16, 1978, Ensign seconded. All in favor,.motion approved, Use Determination -& Grice introduced the application. He noted that P &Z must Conditional Use find that -a childrens amusement arcade belongs in the Public Hearing, definition of recreational and entertainment establishments Village Pantry - which are a conditional use in the CC zone. He noted that Childrens Amusement • this is a commercial arcade and does not coincide with a Arcade teen center. He -noted the similarity between this appli- - - cation and Alice's Alley although there will be no alcohol -- - served or permitted, -Betty Erikson, County Human Resources ) Coordinator, felt this is an excellent location and en- dorsed a facility in the commercial core for children, - Grice agreed with this and did not feel it could generate any more noise than any bar in town. Grice noted a similar application named the Whale of a Wash Teen Center, This was approved conditioned upon the right of the P &Z to re- review the application after one year to consider the - Regular Meeting Aspen Planning and Zoning Commission June 20, 1978 • impacts, supervision and hours of operation. He suggested similar conditions. Lori Paterson of the City Recreation • Department noted that the City Teen Center will be closed for the summer. She felt that a commercial operation might do better and serve the same purpose as the Teen Center. The Planning Office recommends approval. Ashley Anderson, representing the applicant, felt it was not a Teen Center. He submitted a picture of what they have in mind; skiball, pinball, etc. There will be no alcohol. There will be adult supervision. Klar asked if the adult supervision will be someone servin< hot dogs, etc. Anderson said yes. Grice read the con - ditional uses in the CC District. He felt this was closes{ to a social hall. Nuttall felt this was a very close question but did feel it a conditional use. Klar asked if there are any regulations on keeping the doors closed • to the outside. Nuttall said there are ordinances regu- lating noise but not specifically doors. Hedstrom moved that the commission determine that the Childrens Amusement Arcade consisting of amusement . games such as foosball, skiball, video games and related type activities with the added facilities for the serving of snacks and soft drinks be a conditional use under Section 24 -3.2, Anderson seconded. All in favor, motion approved. Collins opened the public hearing. Anderson read a letter from John Stoller, on behalf of Donald J. Fleisher Company, stating they did not object to.this operation at this location. Bert Bidwell Bidwell owns lot QRS, Block 89, He questioned whether legal notice had been given to the property owners, Smith noted that notice may be legally given if hand delivered 5 days before the hearing. Bidwell submitted a petition requesting that P &Z deny the application. They feel this will have a negative effect on downtown Aspen and will attract youngsters downtown. They feel these children should stay out of the downtown area. They feel this will turn Aspen into a sort of "Manitou Springs ". This was signed by Bidwell, Gale Spence(lot L &M, Block 89), Fritz Lindner(lot A, Block 89), Emilia Kopf(lot B, Block 89), Warner Kuster(lot NOP, Block 89), Wendy Morse - (lot IFJ, Block 82), Guido and Trudy Meyer(5 lots, Block 9 Willie Gibbs(lot B, Block 89). He felt he could get every one within a 300 foot radius to sign the petition, Martin Hershey Hershey understands that Bidwell wants to keep the kids out of the downtown area. He noted that he is an investor in this operation. He noted that he spoke with Warner Kuster and he had no objections to this operation, He stated that there is nothing for kids in the downtown dis- trict. The main problems in Aspen come from the people in the bars. He suggested a condition that they come back fo review in one year. He noted that this is not to take money from the kids, it is to find a place that kids cdn enjoy so as not to exclude them. Collins asked if this would be restricted to certain ages, Hershey estimated that it would attract kids from 8 -13 but there will be no restrictions.. Klar said she had trouble with kids between 8 -13 out after 10 PM. Anderson said that if a kid is out after 10 PM, that is the parents responsibility. He noted that they will be open to every- one. Hershey noted that if there is a seven or eight. • BRADFORD PUBLISHING CO., DENVER R E C O R D O F PROCEEDINGS Regular Meeting Aspen Planning and Zoning Commission June 20, 1978 year old kid out after 9 PM or so, their parents will get a call. He does not feel they will have any problems con- trolling this operation. R neS John Rpair Rynes ` noted that the Ice Palace closes at a proper hour. He felt that if kids are in the downtown area, they will be influenced by the others as kids are easily influenced. He felt if they want to give something to the kids, don't take their money. He felt if it is open to all ages, it is not a teen center. He noted that he is head of the Red Cross instructional games. Bert Bidwell Bidwell felt this is not an appropriate place for a teen center. He suggested the old hospital, the community church. He felt this will be a bad scene. Grice noted that many of his friends bring their kids with them to the downtown area and bring them into the bars. He would rather see these kids go around the corner and have some entertainment of their own. He felt the commu- nity church is too far. Collins asked if they have a plan layout. Anderson said no. He noted that is about 1200 sqft, Welton Anderson noted that many people that visit in Aspen have trouble finding things for their kids to do. He was concerned with the visual impact, He asked if they could keep the amusement arcade image from emanating from that corner. Ensign noted that there is a sign and noise ordi- nance. Klar agreed but felt that the one year review is a good control. Ashley Anderson said they had no problem with a one year review. Grice read the conditions for the previous approval of a similar operation with a one year review. Collins felt there may be a conflict in trying to accommodate the business community and these type of operations. He noted-that they have never had a successful teen center. Hedstrom felt there is a real need for this but was not s re this is the right place, Welton Anderson disagreed. cannot exclude children, Collins noted that kids come to town with their parents anyway, Collins closed the public hearing, • Collins asked Dunlop if they must consume the food on the premises. Dunlop said that liquor must be in a specific area but that food may be removed. Hedstrom asked if they should make any hour restrictions in the approval. Collins noted that the applicant specified hours in their applica- tion. Nuttall said these were appropriate, Ashley Anderson asked that they extend it to 11 PM on weekdays since that is curfew. • John RyNes r � asked if the motion would reflect that this is a teen'center directed to the teens of Aspen, Ashley Anderson said that they want it open to everyone . with the emphasis toward kids. °John' did not feel this would be for the kids if it is open to everyone, He felt that making money off kids 8 -18 was one thing and making money off everyone was something else, He noted that the notice passed around town said this is a childrens amuse- ment center. Klar noted that they can review this in one • year. Nuttall noted that they cannot anticipate all the concerns now. They must wait until the review to see k the problems. Hedstrom asked what if it changes into an adult center. Ensign did not feel this a problem if there is no liquor license. e Regular Meeting Aspen Planning and Zoning Commission June 20, 1978 Hedstrom moved to grant approval of the application for a Childrens Amusement Arcade at 312 S. Mill subject to . review at the commission's option to consider whether the operation has been conducted as represented in the appli- cation, paragraph 3, items 1 -6, and if there occurs objectionable noise, pedestrian travel congestion, and other adverse impacts on the neighborhood. This one year option review is made because of our concerns of the potential impact on the community and the objections voiced by the surrounding property owners and business operators. The approval is granted on the basis that, as submitted and proposed, the business is compatible with the surrounding land uses, Ensign seconded. All in favor, motion approved. Bank of Aspen, Grice introduced the application. He noted that P &Z deter Conditional Use mined a financial institution is a business office which i Public Hearing a conditional use in the NC zone. They propose a branch bank with no drive up window. The Planning Office feels- this is an appropriate use at this location. Grice noted that the approved SPA overlay final plat states that the allowed uses are the same as those in the SCI and NC zones Nick McGrath, representing the applicant, noted that'the P &Z made the same determination for Aspen Savings and Loan He stated that there will be no drive through window and no loans at this site. Collins asked if there are any specific uses listed in the SPA. Grice said just those in the SCI and NC zones, Collins opened the public hearing, There were no comments from the public. Collins closed the public hearing. Anderson asked if they intend to keep the main branch wher it is. McGrath said yes, they must by state law, • Hedstrom moved to approve the conditional use application of the Bank of Aspen for a detached bank facility in the Trueman Property inasmuch as it meets and conforms to the requirements of Section 24 -3,3 of the Code, Ensign seconde All in favor, motion approved. Parry Condominiumi- Grice introduced the application, He noted that Ellis zation, Subdivision had no problems and recommends approval without condition, Exemption Danielson noted that one side is occupied by the owner, the occupants of the other side ask that the unit not be sold for one year and that there be no rent increases for one year. Danielson felt that in one year it would be sol for $130,000 thus removing it from the employee housing market. The Planning Office recommends approval. Collins asked the location. Parry said it is off Snow- bunny Lane on the golf course, Hedstrom moved to recommend exemption of the condominiumi- zation of a duplex located on Lot 25, West Aspen Subdivi- sion, Filing #1, from the strict application of the sub- division regulations inasmuch as the intent and purposes of the regulations have been met and subject to the con- ditions offered by the applicant in paragraph 4, items 1 -5, of his application dated May 12, 1978, Ensign seconde All in favor, motion approved, Transportation Collins asked that they postpone action on the report Committee of the transportation committee to their next regular Report meeting. Anderson moved to adjourn the meeting, Ensign seconded, All in favor, motion approved, Meeting adjourned at 7:30 PM. Shery Si mmen, Deputy City Clerk . > ., .,,o M E M O R N.D U M q : 4ve Ellis, City Engineer Ten Dunlop, Enviornmental Health Dorothy Nuttall, City Attorney FROM: Richard Grice, Planning Office itE: Conditional Use Permit for the Amusement Arcade in the Village Pantry. This item is tentatively scheduled on the P & Z agenda for June 20, 1978. Could I please have your comments the week prior. Thanks. c E j t >, sr 6 Qvw�. MgY3 0 197 8 1= r , CCitta M E M O R A N D U M TO: have Ellis, City Engineer Tom Dunlop, Enviornmental Health - Dorothy Nuttall, City Attorney FROM: Richard Grice, Planning Office kE: Conditional Use Permit for the Amusement Arcade in the Village Pantry. This item is tentatively scheduled on the P & Z agenda for June 20, 1978. Could I please have your comments the week prior. Thanks. sr am QQp 1l C Uc cAA 1QC∎SQ. , - \No unS \ ©CCVPaiCAA 0.cKLQ v cc S ciFQkv\' S . 1 June 21, 1979 The Aspen Times Page 5 -B Do kids ne e d adult entertainment too? • by Pauli Hayes sure whether a major problem using part of the Community plans include medical training of -doors action and rewarding In the wake of the kids and exists with kids in Aspen. Center for Aspen's teenagers. with Dr Ann Mass, legal counsel work. drugs controversy comes a series Major questions still being Sherwin objected, and said that withJohnGoodwin,psychological John McBride said that he has of community meetings, concern- asked are where can kids go? her feelings are shared by many of counsel with Aspen Mental been struggling with the hockey ing kids and crime and drugs and What can they do? Where can Aspen's teens. Health, sex counsel with the Vis- programs, because it has been dif- what can be done. they find nighttime entertain- "Who wants to hang around the iting Nurses, and a Hot Line ficult to get any money out of the The meetings are sponsored by ment? Community Center," someone through the Youth Board. city or the county to fund the the Pitkin County Youth Board Many of Aspen's teens, accord- echoed. Sherwin said the teens Goodwin brought up the programs. and are held Thursdays at 4 pm at ing to their one representative want to be downtown, around skateboard park that has been He said he feels there is a need the Community Center. Jennifer Sherwin, are angry that adults, and not always with the suggested for several years. He for programs such as hockey, to Teens, parents, individuals adults have such a wide variety of people that they hang around told how kids petitioned for such a provide activities for kids who from agencies, visitors to Aspen, entertanment, and teens have with in school park, and how they were turned cannot afford expensive diver- and anyone concerned with the virtually none. down by the city council. sions. needs of Aspen youth are invited It wouldn't be such a problem, The group agreed that exciting He commented that the council The final consensus of the group to share their ideas. said Goodwin, in a community programs are one way to fill the has the money for a skateboard is that some model programs Last week's meeting focused on where there was not so much need for things for teens to do. area, and the group agreed that should be initiated, in direct con - two separate but related issues. adult entertainment. But the fact Falkenstein suggested a Soda the idea should be a priority. tradiction to Aspen's reputation One is the possibility of a govern- that the adults have it makes it Shop, where kids could work and Junior Ski Patrol as Cocaine Capital of the World. ment grant to fund anti -crime more visible to teens, and they also organize anti -crime prog- Another idea was a junior ski "How about Cultural Capital of programs. The other is the idea of feel left out. rams in addition to making patrol, both to teach teens respon- the World, if we have to have a setting up programs for youth, re- Drugs Are Diversion money. sibility as well as to provide out- label," a visitor suggested. gardless of funding. _ If there was more for teens to do, Professional Programs -'- -- i 1 the group agreed, drugs might not She also suggested more drama Alice Falkenstein, director of be so widely used. But as things programs for teens. And she said the county Youth and Shelter now exist, drugs provide one di- that programs are being planned program, disclosed that a grant is version in the search for meaning- by professionals. Some of the available from the Law Enforce- ful and viable alternatives. ment Assistance Administration, A parent brought up the idea of to provide funds for community- administered anti -crime prog- rams. Give Teens Responsibility She says that ideally, the grant could be coordinated with youth in Aspen, so that they could have a large part in preventing crime in town. The group agreed that regard- less of the grant possibility, there is a need to come up with prog- rams and activities for teens in the Aspen area. • Most of the people present at the meeting expressed interest in helping brainstorm for ideas, and helping to put programs into ac- tion. - At the meeting were counselors from the schools, mental health counselors, a few parents, indi- viduals from the police and sheriffs departments and other public agencies, boy scout leaders, and one teen. Is There A Problem? John Goodwin from the police department stated that we need to first determine if there really is a problem with kids. Even though the community has discussed the issue recently at great length, people are still un- w . M E M O k A•N D U M TO: have Ellis, City Engineer Tom Dunlop, Enviornmental Health Dorothy Nuttall, City Attorney FROM: Richard Grice, Planning Office RE: Conditional Use Permit for the Amusement Arcade in the Village Pantry. This item is tentatively scheduled on the P & Z agenda for June 20, 1978. Could I please have your comments the week prior. Thanks. sr • • • (J '' , j ' i (. . .. (2, , Q. K - c.iia,C kelt 1 , _ RSI, -H 4 - ■ - 1 $ - 1 , .., da ■ lEtiCA , _ r _ 1 i I I 'Gu y e y G + G ,N,8 cyJ • . cia,z_titi i,..i : \P\ Au(1 ... ._ .i....a...... . . , , 4 , ,-____ _ , v , „. J ,„ i , . 1 4.0 ,_ -' 77 , Pr . " 4 + 1.....;..... L , 1 Cie"( I if i -,. ', i r• r‘ /- ) 1 1 1. t-- al je-j2-C- CO 0) . I C () 11 • r \ - 1/4,.... r' ; 0 it', - ..4, , t i 'er i $1 ( 4,4,41 .3 cy• 1 „ _ . _„ / /., ' '' ' 1 I r•-• A LA I - I I .4 - i i c i / 9 2°--tie4t .4--)? H ) ,4 / , .i.; k 1 (Thr• — ) ,,K 0, u , , ‘.... , ' 1 ,i, . , ./ ( Akh- ' i 0 ' t H L i i 1 i 1 , cip (- ,-( if) no/ i tri t — K 4 ,i I 4_ , r i , .t ,A./ 1A)24,:--e-c' • 1, 7 ,1 2 i A 0 , /_. 1 / e - ,..4. # 1 I / - e-1 , • 1 -- 1 a r i 1 , H ( LIT • -1 ' - i , ' tt j iff (. I i e s k_o ei i et„-), f - / ,, 1 - - r , I 11 1 • • M E M O R A N D O M 'PO: Aspen P &Z FROM: Planning Office, Richard Grice • RE: Condi.tional_.Use for Amusement Arcade in,the Village Pantry DATE: June 14, 1978 • This is a public hearing to consider the conditional use request for a "Children's Amusement Arcade" to be located in what is now the "V-illagc.Pantry ". The proposal. is to use the space for amusement games such as foosball, skjball, video games and other_ related activities ". "There will_ be refreshments sold either through vending machines or a snack bar but no alcohol . will, be available." • • • The applicant's attorney, Ashley Anderson, suggests in his letter of application that this proposal is the same as "Whale of. a Wash" teen center for which the P &Z in 197i made a use det.ermi.n- • • ation which resulted in including teen centers in the definition of a recreational club. Mowevcr., while there are similarities in the two applications, the Planning Office feels that the differences' are substantial enough to require a use determination as well as conditional approval of this "Children's Amusement Arcade ". Specifically, the operational plan for. the teen center which was approved included "special events" such as talent nights and other - similar kinds of organized entertainment usually found in teen centers. It came with an endorsement from the Aspen lIigh School Student Council. Also, the supervision proposed is quite diff.>rent ;- This application offers that an adult supervisor will he present. Tiie referenced teen center application came equipped with endorse- mcnt as well as the volunteering of time for supervision from • Tine Comstock, advisor to the Aspen High-School Student Council; Pete Murphy, City juvenile officer; Greg Anderson, Assistant • Pastor and youtlr director of the Conmur:i.ty Church and a director of Open Door; Helen hlanderud, director of Touchstone Mental (Health Clinic; Al Cluck, P.E. instructor at Aspen Elementary School; Ruth Ganz, psychiatric social corker who has researched extensively Aspen's need for a teem center; and Greg Rulon, County • juvenile officer. We are providing this information in order _o keep the record straight and not for purposes of denial. • • In fact, the Planning Office recommendation is for approval of the proposal. We feel that it is necessary that this commission first make a use determin:it.ion that "Children's Amusement Arcade" belongs within the definition of Recreational Club. It is our feeling • that, in view of the presence of such similar establishments in the CC District as Alice's Alley, such a use determination is clearly justifiable. The real question is under what. conditions • . shou]d the conditional approval he granted? Conditional uses historically aje uses that could be a problem in the area if tley weren't properly regulated with additional conditions. Areas et concern which should be-addressed to the satisfaction of the commission are as follows: i • • (1.) Management goals and operational procedures (2) Noi: :e generation (3) Hours of operation • (4) Adequate supervision ' • • ntlit!) iD • ta ) t 11, 3.970 i'cUJU 2 • • • (5) Adjac,n11. prope y concc,•rn (m)t i co \va:: Inflict deli vcr(Ici by the appil t to all OWTI(t):S Wi thi n 300 oct of tho V i 1 1 acj( Lnhicy • • . Ancli2J , as well as 1.1)(2 apj].i cants them:in:1 vc•L•.,. s,,•2313. he pr( t tie mcni, i »(1 on "i'oc•nClay to answer any (inenticm,s you may have r(•tiaydinci the i)a c)por;cd • RG • • • • • • • • • • • • • • • • Srt 1:1.1) ff I.(•11'1' l'r( AN IPJUA1n1 In1ll.ulNI1 aoi KAlO (nr-u nl nvcr: l'I. l:¢ru::n rvl.nrl l: A.II I'icld, rOI01(Art;l "lull • I“)Nt i,U (lA1t1 °)!;1.11 )-7; 1'r .� i 19.�(� rl.1.1.1 APlnin:W t'. iti 111' Y / ( ao: i 1:0 11:0 Ai11l1.fy /.S■1:IL`1nsi (010 b.1'n 1'111(1! Yd. 11(l11,U;i: • • P t< '/ Commission c/o Aspen City Ilal) 130 South Galena Aspen, Colorado 81611 • Dear P 6- Z Member: This is an Application by Howard Feinberg, Dr. Robert Magoon and Martin Hershey for a Conditional. Use Permit, pursuant to 24 -3.3 of. the ALpon City Code. Specifically, the Applicants request a Permit to place a children's amusement arcade in what is now the "Village Pantry" located at 312 South Mill, Aspen. The location is presently zoned CC. According to Section 24 -3.2 of the Aspen City Codc, the intention of that zone is "to allow the use of land for retail and service commercial, recreation and institutional purposes with customary accessory uses to enhance the business and service character in the central core of the City." Listed as conditional uses in the CC zone are "recreatgnal and entertainment establishments limited to the following and similar uses business, fraternal or social club o.r•ha_ll; ice or roller skating rinks; shop -craft industry; gasoline service station; provided all operations are conducted within the principal building or structure ". • The character of the Applicant's operation will be as fo11oi:s: 1. The usable space in the facility is approximately 1,000 square feet. 2. The Applicants propose to use ti:e space for amusement games such as foosball, skibal.l, video games, and other related type activities.' • 3. They will be open from approximately 12:00 noon until 10:00 p.m. on weekdays and 12:00 noon urtil 12:00 midnight on weekends. 4. Refreshments will be served either through soda vending machines or a snack bar facility. The'snack bar may also incluje such short order items as hot dogs. 5. There will be no alcohol alio - wed on the premises: • • • • • • • • • • t ' f • 1' t; 7, ('omil i s un • May 10, 1971; J. <; q e 1 .Mro • 6. 'There lv .J 1. be at least one and perhaps ii':; more adult employees on the promises at all Lines. The Applicant submits t.hrt the shove do:;crib(d u=e Clearly complies with all conditions for a conditional use • as set forth in 24-3.3 (h) . That is, the. proposed use other- wise ro;, �J.i_c:c; with all the requirements Uimposed by the Zoning Code; the proposed use is consistent with the objectives - and purposes of the CC zone in that. its clearly is a use • devoted to recreation; and finally, the proposed use is clearly designed to be compatible with surrounding land uses since the surrounding arca is one primarily of restaurants, • retail shops and other commercial enterprises including Alice's • Llley which is a use closely akin to that described above. In addition to the fact that the above - described use meets all conditions of the Code, there is precedent for such a use in the CC zone. In 1975, George Parry applied for a Condi- tional Use Permit for a Tenn Center c iith pinball machines and pool tables to be located in a 1700 square foot addition to the Whale of a Wash. That permit was granted. The Applicants thank you very much for your cooperation • and respectfully request your approval of this Application. • • Sincerely yours, • GARFIELD & IiECHT . Ashley Anderson, Attorney for the Applicants • • • • • • • • • • • • • • • • • • • M E M O R A N D U M TO: Aspen P &Z FROM: Planning Office, Richard Grice RE: Conditional Use for Amusement Arcade in the Village Pantry DATE: June 14, 1978 This is a public hearing to consider the conditional use request for a "Children's Amusement Arcade" to be located in what is now the "Village Pantry ". The proposal is "to use the space for amusement games such as foosball, skiball, video games and other related activities ". "There will be refreshments sold either through vending machines or a snack bar but no alcohol will be available." The applicant's attorney, Ashley Anderson, suggests in his letter of application that this proposal is the same as "Whale of a Wash" teen center for which the P &Z in 1975 made a use determin- ation which resulted in including teen centers in the definition of a recreational club. however, while there are similarities in the two applications, the Planning Office feels that the differences are substantial enough to require a use determination as well as conditional approval of this "Children's Amusement Arcade ". Specifically, the operational plan for the teen center which was approved included "special events" such as talent nights and other similar kinds of organized entertainment usually found in teen centers. It came with an endorsement from the Aspen High School Student Council. Also, the supervision proposed is quite different. This application offers that an adult supervisor will be present. The referenced teen center application came equipped with endorse- ment as well as the volunteering of time for supervision from Tim Comstock, advisor to the Aspen High School Student Council; Pete Murphy, City juvenile officer; Greg Anderson, Assistant Pastor and youth director of the Community Church and a director of Open Door; Itelen Klanderud, director of Touchstone Mental Health Clinic; Al Cluck, P. instructor at Aspen Elementary School; Ruth Ganz, psychiatric social worker who has researched extensively Aspen's need for a teen center; and Greg Rulon, County juvenile officer. We are providing this information in order to keep the record straight and not for purposes of denial. In fact, the Planning Office recommendation is for approval of the proposal. We feel that it is necessary that this commission first make a use determination that "Children's Amusement Arcade" belongs within the definition of Recreational Club. It is our feeling that, in view of the presence of such similar establishments in the CC District as Alice's Alley, such a use determination is clearly justifiable. The real question is under what conditions should the conditional approval be granted? Conditional uses historically are uses that could be a problem in the area if they weren't properly regulated with additional conditions. Areas of concern which should be addressed to the satisfaction of the commission are as follows: (1) Management goals and operational procedures (2) Noise generation (3) Hours of operation (4) Adequate supervision Memo to P &Z June 14, 1978 Page 2 (5) Adjacent property owner concerns (notice was hand delivered by the applicant to all owners within 300 feet of the Village Pantry) Ashley Anderson, as well as the applicants themselves, will be present at the meeting on Tuesday to answer any questions you may have regarding the proposed operation. RG:mc } j, r ;a� a0' 1 cn i , a r - F f 1 1 t ' , _t , _,lJ -t. .,� , _ I I (A 4 1 \ I 1, �- , � i. �ti - ,9..- ; t T :r r --,-(C)I a ' <') r, ,., r_,,,xki , , i L. „.,,,• ____,::, / 6 oftilha t.{.1 :' t" \ ��Q`(_ -� �' I d �r.� C� r C,C i i 'III"' __ r (11, . I ) -- 1 V- I _ L _ Ck� C `tr_� a \--6 f �,� ill ,M,,21 , ti ,,,J\ ,, ``" CL t ..i'DAke -t s .,. _ . ._), ;43_ Q. Det, • t w \- c nJ \ '‘‘,---)\ c'Y.✓ 1 G I ` 4 y f r ` 0 A , .' it 1 • MEMORANDUM TO: Aspen Planning and Zoning Commission FROM: Planning Office RE: Childrens Amusement Arcade Conditional Use Approval DATE: June 13, 1979 On June 20, 1978, the Aspen Planning and Zoning Commission granted approval of an application for a Childrens Amusement Arcade (Pinball Palace) at 312 South Mill subject to a one year review at the Commission's option to consider whether the operation has been conducted as represented in the application as well as to review the concerns of the potential impact on the community and the objections voiced by the surrounding property owners and business operators. Mr. Bert Bidwell has recently contacted the Planning Office with a request that the Commission exercise its option for a one year review of that operation. Mr. Bidwell will be present at the June 19, 1979 meeting to voice his reasons for this request. It is not clear from the minutes of the June 20, 1978 meeting (attached hereto) whether this one year option review is to be a public hearing. Perhaps members of the Commission who were present at that meeting can remember the • intent of this review and make a determination. • • • • • AFFIDAVIT STATE OF COLORADO ) ss. COUNTY OF PITKIN ) I, KATHLEEN KRIEBEL, being first duly sworn, upon my oath state as follows: 1. On Tuesday, June 13, 1978, I met with a member of the Enginnering Department of the City of Aspen to determine the area within 300 feet of 312 South Mill, Aspen, known as The Village Pantry. 2. On Wednesday, June 14, 1978, before 5:00 p.m., I delivered Notice to the Owners or Representatives of the Owners of the following property owners which to the best of my knowledge are all the owners within 300 feet of 312 South Mill, Aspen, known as The Village Pantry. The Mother Lode Prospector Lodge- " Wheeler Opera House - / 4 ilibriVt Mill St. Station /l/�N/ll,k 1 1 � u r /-,�' �, � -=' Aspen Lumber and Supply Sabbatini Sports (Posted) 1 c 1 4 - -r ( 1 ) 'n°'wir r (ec '• . I lSPCAil I !h?- 7 !a ,) Tom Thumb_ Building — A , , 0141 �� PAC - )� . S0ac r , g ; e/„ j'A , bise l IA. �IjS�i)e 6s � ��rs -f 6� "�,x L{ Aspen Commercial Condominium Bldg. (Posted) \ Uu.,I gi6S7 Sporthaus Linder & Amelia's '17 , Run For Your Life ,, I.' , ' f R Nq n r (olden rynt�v�nn , (3 . 0, J4) L /Vet/ 120/0•0i' Golden Horn Building A Co, i 7 p4 " � 'X /(P' /kr Aspen Leaf Sports- - '' Stefan Kaelin Sports Bldg. i Guido's Restaurant - Aspen Sports Building Red Onion :=' Mountain Plaza Building — EGr� - i f 1-A ���'� '1 �r,� A ' G �I ) ... _..__.... Aspen Block Buildingtnralr( €6C Q �c1 TSon4 I Paragon Roaring Fork Building ----1-1-) KO of ��3u 1K 4rx c 1 c/ Uncle Willy's Spirit House Aspen Jewelers /I i Tuesday Morning Llv! F- F!'t' .° --- om Mix Building H'/ f - cr, •;6,2/ 6 ,2/6 / y 4 ' f / 5eu -7 \ Country Flower Building Imo- QU+ V S K -(-- /o 7 k 223Q he Slope Building (Mine Co.) 61\27.51 f" 75-j 42( The Gondola Ski Shop - ; " f / (9 t The Woods Building (Aspen Drug) Alpine Jewelers Mason and Morse Building `_. ¶ ` Cour»* 7l«def 9"/5/D 3 e,27-t) FURTHER THE AFFIANT SAYETH NOT: i--, e7 e h j, HLEEN KRIEBE. The foregoing Affidavit was subscribed and sworn to before me this /5jday of 2 (,,,,, A _ , 1978, by KATHLEEN KRIEBEL. WITNESS my hand and official seal. My commission expires: (.) -r- //, / 97 / 22 / - o ary Public -2- MEMORANDUM TO: Aspen Planning and Zoning Commission FROM: Planning Office RE: Childrens Amusement Arcade Conditional Use Approval DATE: June 13, 1979 On June 20, 1978, the Aspen Planning and Zoning Commission granted approval of an application for a Childrens Amusement Arcade (Pinball Palace) at 312 South Mill subject to a one year review at the Commission's option to consider whether the operation has been conducted as represented in the application as well as to review the concerns of the potential impact on the community and the objections voiced by the surrounding property owners and business operators. Mr. Bert Bidwell has recently contacted the Planning Office with a request that the Commission exercise its option for a one year review of that operation. Mr. Bidwell will be present at the June 19, 1979 meeting to voice his reasons for this request. It is not clear from the minutes of the June 20, 1978 meeting (attached hereto) whether this one year option review is to be a public hearing. Perhaps members of the Commission who were present at that meeting can remember the intent of this review and make a determination. ti I GARFIELD & HECHT ATTORNEYS AT LAW VICTORIAN SQUARE BUILDING 001 EAST HYMAN AVENUE SECOND FLOOR ASPEN. COLORADO 81011 - RONALD GARFIELD I. May 18, 1978 TERPRONE ANDREW V. HECHT Y (303) 025-1030 ASHLEY ANDERSON CHRISTOPHER N. SOMMER P & Z Commission c/o Aspen City Hall 130 South Galena Aspen, Colorado 81611 Dear P & Z Member: This is an Application by Howard Feinberg, Dr. Robert Magoon and Martin Hershey for a Conditional Use Permit, pursuant to 24 -3.3 of the Aspen City Code. Specifically, the Applicants request a Permit to place a children's amusement arcade in what is now the "Village Pantry" located at 312 South Mill, Aspen. The location is presently zoned CC. According to Section 24 -3.2 of the Aspen City Code, the intention of that zone is "to allow the use of land for retail and service commercial, recreation and institutional purposes with customary accessory uses to enhance the business and service character in the central core of the City." Listed as conditional uses in the CC zone are "recreational and entertainment establishments limited to the following and similar uses business, fraternal or social club or hall; ice or roller skating rinks; shop -craft industry; gasoline service station; provided all operations are conducted within the principal building or structure ". The character of the Applicant's operation will be as follows: 1. The usable space in the facility is approximately 1,000 square feet. 2. The Applicants propose to use the space for amusement games such as foosball, skiball, video games, and other related type activities. 3. They will be open from approximately 12:00 noon until 10:00 p.m. on weekdays and 12:00 noon until 12:00 midnight on weekends. 4. Refreshments will be served either through soda vending machines or a snack bar facility. The snack bar may also include such short order items as hot dogs. 5. There will be no alcohol allowed on the premises. P & Z Commission May 18, 1978 Page Two 6. There will be at least one and perhaps more adult employees on the premises at all times. The Applicant submits that the above - described use clearly complies with all conditions for a conditional use as set forth in 24 -3.3 (b). That is, the proposed use other- wise complies with all the requirements imposed by the Zoning Code; the proposed use is consistent with the objectives and purposes of the CC zone in that it clearly is a use devoted to recreation; and finally, the proposed use is clearly designed to be compatible with surrounding land uses since the surrounding area is one primarily of restaurants, retail shops and other commercial enterprises including Alice's Alley which is a use closely akin to that described above. In addition to the fact that the above - described use meets all conditions of the Code, there is precedent for such a use in the CC zone. In 1975, George Parry applied for a Condi- tional Use Permit for a Teen Center with pinball machines and pool tables to be located in a 1700 square foot addition to the Whale of a Wash. That permit was granted. The Applicants thank you very much for your cooperation and respectfully request your approval of this Application. Sincerely yours, GARFIELD & HECHT 0 Ashley Anderson, Attorney for the Applicants GARFIELD & HECHT ATTORNEYS AT LAW VICTORIAN SQUARE BUILDING 001 EAST HYMAN AVENUE SECOND FLOOR ASPEN. COLORADO 81811 RONALD GARFIELD TELEPHONE ANDREW V. HECHT 1303) 023 -1038 ASHLEY ANDERSON May 18, 1978 CHRISTOPHER N. SOMMER Karen Smith c/o Aspen City Hall 130 South Galena Aspen, Colorado 81611 Dear Karen: Enclosed please find 8 copies of the Application for a Conditional Use Permit for the Amusement Arcade in the Village Pantry. It is my understanding that we our tentively scheduled on the P & Z Agenda on June 20, 1978. Sincerely yours, GARFIELD & HECHT Ashley Anderson AA /KJK Enclosures