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HomeMy WebLinkAboutLand Use Case.520 E Hyman Ave.A064-002737-182-15-004 A064-00 7 2* Worldlink Cafe Special review 520 E. Hyman A./4 B 5/. 0766.-- 7 6,0 3---N 1 , 1 - .1/9 1 H . -2-7 37- (32 15-00 u .. CASE NUMBER A064-00 PARCEL ID # 2737-182-15004 CASE NAME Worldlink Caf* Special Review PROJECT ADDRESS 520 E. Hyman PLANNER Fred Jarman CASE TYPE Special Review OWNER/APPLICANT James Guest- Worldlink Caf@ LLC. REPRESENTATIVE James Guest DATE OF FINAL ACTION 7/18/00 CITY COUNCIL ACTION PZ ACTION Reso. #30-2000 ADMIN ACTION Approved BOA ACTION DATE CLOSED 10/16/00 BY J. Lindt .. PARCEL ID: |2737-182-15004 DATE RCVD: ~5/22/00 # COPIES:~ CASE NO~A064-00 CASE NAME:~Worldlink Caf& Special Review PLNR:~Fred Jarman PROJ ADDR:|520 E. Hyman CASE TYP:ISpecial Review STEPS:~ OWN/APP: James Guest-Worldl ADR1520 E. Hyman Cisiz: ~Aspen/CO/81611 PHN:|925-4666 REP:|James Guest ADR:~826 Vine St. C/S/Z:~Aspen/CO/81611 ' PHN~379-1195 FEES DUE:~480 D FEES RCVD:~480 STAT: F- REFERRALS~ REF:| BY| DUE:| MTG DATE REV BODY PH NOTICED DATE OF FINAL ACTION:| 7~ft/ cry CITY COUNCIL: REMARKS~ pz: _Be<90 3(2 ,-3-COC · BOA: CLOSED: 1/Obl·./2 (- ey: 1 ..JJ LA,)cll - DRAC: PLAT SUBMITD: ~ PLAT (BK,PG):| ADMIN: . A fy\, c v t.u .. .. DEVELOPMENT ORDER ofthe City of Aspen Community Development Department This Development Order, hereinafter "Order", is hereby issued pursuant to Section 26.304.070, "Development Orders". and Section 26.308.010, "Vested Property Rights", of the City of Aspen Municipal Code. This Order allows development of a site specific development plan pursuant to the provisions of the land use approvals, described herein. The effective date of this Order shall also be the initiation date of a three-year vested property right. The vested property right shall expire on the day after the third anniversary of the effective date of this Order, unless a building permit is approved pursuant to Section 26.304.075. or unless an exemption, extension, reinstatement. or a revocation is issued by City Council pursuant to Section 26.308.010. After Expiration of vested property rights. this Order shall remain in full force and effect, excluding any growth management allotments granted pursuant to Section 26.470, but shall be subject to any amendments to the Land Use Code adopted since the effective date of this Order. This Development Order is associated with the property noted below for the site specific development plan as described below. James Guest. 520 E. Hyman Ave.. Aspen. CO 81611 Property Owner's Name, Mailing Address and telephone number 520 E. Hyman Ave. Legal Description and Street Address of Subject Property Reduction of Open Space Variance Written Description of the S ite Specific Plan and/or Attachment Describing Plan Planning and Zoning Commission Resolution # 30-2000,7/18/00 Land Use Approval(s) Received and Dates (Attach Final Ordinances or Resolutions) July 29.2000 Effective Date of Development Order (Same as date of publication of notice of approval.) July 30,2003 Expiration Date of Development Order (The extension, reinstatement, exemption from expiration and revocation may be pursued in accordance with Section 26.308.010 of the City of Aspen Municipal Code.) Issued this 29th day of July, 2000, by the City of Aspen Community DeMelopment Director. i\--Ar·-fL (Uul,-23- J¢[ie Ann Woods, Community Development Director V . .. PUBLIC NOTICE Of DEVELOPMENT APPROVAL Notice is hereby given to the general public of the approval of a site specific development plan, and the creation of a vested property right pursuant to the Land Use Code of the City of Aspen and Title 24, Article 68, Colorado Revised Statutes, pertaining to the following described property: Worldlink Cafd, 520 E. Hyman, by Resolution of the Aspen Planning and Zoning Commission numbered 30, series of 2000. For further information contact Julie Ann Woods. at the Aspen/Pitkin Community Development Dept. 130 S. Galena St, Aspen, Colorado (970) 920-5090. s/City of Aspen Account Publish in The Aspen Times on July 29,2000 . ~ LAND USE APPLICATION ~ PROJECT: Name: \Ajo q-\6 L.-\46 C.Ae-' j LLC ., Location: 6 20 E. \\-7 MAN Aut, Asp ER , Ce , 8\UX . (Indicate street address. lot & block number, legal description where appropriate) APPLICANT: Name: -31rne:256ue,ESK - \}ucs-v- \0 Lq<X-, CeSU--031--CL. Address: SOO E. HY F,n A->e 1 1%*4>»i CY> i 6\U) Phone #: CN-\CD -- Cus- 4666 REPRESENTATIVE: , Name: Jarntj Ge exsx- Address: 82.6 \0 fne_ €34\ , f~tbY#, Co ; 8*\6\\ Phone #: 970 - CN-LE - /-64~ er- °\30 --3-1 0» .\»S TYPE OF APPLICATION: (please check all that apply): Conditional Use El Conceptual PUD 3 Conceptual Historic Devt Special Review - E Final Historic Development 524La·ton & O Final PUD (& PUD Amendment) C)(p.-1-an 59 6.0,-/ Design Review Appeal g Conceptual SPA El Minor Historic Devt. GMQS Allotment E Final SPA (& SPA Amendment) ~ Historic Demolition GMQS Exemption E Subdivision E Historic Designation ~1 ESA-8040 Greenline, Stream El Subdivision Exemption (includes El Small Lodge Conversioni Margin, Hallam Lake Bluff, condominiumization) Expansion Mountain View Plane ~ Lot Split O Temporary Use El Other: £ Lot Line Adjustment [] Text/Map Amendment EXISTING CONDInONS: (description of existing buildings, uses, previous approvals, etc.) Ar;tknci . 0 PROPOSAL: (description of proposed buildings, uses, modifications, etc.) '1 -3'Ko>«€3% ck©% 94 »rars (2):0~4&he_ in Cr,09--4 N °-FA) 0 --3»o-<4*.1 0<1 e Have you attached the following? FEES DUE: $ l.\80-0%3 ® Pre-Application Conference Summary ~ Attachment # 1, Signed Fee Agreement E Response to Attachment #2, Dimensional Requirements Form 0 Response to Attachment #3, Minimum Submission Contents El Response to Attachment #4, Specific Submission Contents £ Response to Attachment #5, Review Standards for Your Application 0 El [3,M C] .. ASPEN/PITKIN COMMUNITY DEVELOPMENT DEPARTMENT Agreement for Payment of City of Aspen Development Application Fees CITY OF ASPEN (hereinafter CITY) and *Lax \_AR« C<34 2-4 LLC- 0 (hereinafter APPLICANT) AGREE AS FOLLOWS: 1. APPLICANT has submitted to CITY an application for CUL\01 Ecta~e-ur -4,39- u>ca«~ coa»>>ae:_ 14,ZHTF-Oker-eL e (hereinafter, tHE PROJECT). 2. APPLICANT understands and agrees that City of Aspen Ordinance No. 45 (Series of 1999) establishes a fee structure for Land Use applications and the payment of all processing fees is a condition precedent to a determination of application completeness. 3. APPLICANT and CITY agree that because of the size. nature or scope of the proposed project. it is not possible at this time to ascertain the full extent of the costs involved in processing the application. APPLICANT and CITY further agree that it is in the interest of the parties that APPLICANT make payment of an initial deposit and to thereafter permit additional costs to be billed to APPLICANT on a monthly basis. APPLICANT agrees additional costs may accrue following their hearings and/or approvals. APPLICANT agrees he will be benefited by retaining greater cash liquidity and will make additional payments upon notification by the CITY when they are necessary as costs are incurred. CITY agrees it will be benefited through the greater certainty of recovering its full costs to process APPLICANT'S application. 4. CITY and APPLICANT further agree that it is impracticable for CITY staff to complete processing or present sufficient information to the Planning Commission and'or City Council to enable the Planning Commission and/or City Council to make legally required findings for project consideration, unless current billings are paid in full prior to decision. 5. Therefore, APPLICANT agrees that in consideration of the CITY's waiver of its right to collect full fees prior to a determination of application completeness. APPLICANT shall pay an initial deposit in the amount of S 14*-->- /yn> which is for 22§> hours of Community Development staff time. and if actual recorded costs exceed the initial deposit. APPLICANT shall pay additional monthly billings to CITY to reimburse the CITY for the processing of the application mentioned above. including post approval review. Such periodic payments shall be made within 30 days of the billing date. APPLICANT further agrees that failure to pay such accrued costs shall be grounds for suspension of processing, and in no case will building permits be issued until all costs associated with case processing have been paid. CITY OF ASPEN APPLICANT B42/~6 da al- By: darY-ES Goes %70ulie Ann Woods 7 Community Development Director Date: 5-- VA- QCCO Mailing Address: to- Bow \\749 AGUen, 0-03 8\6\1 a (/ g:\support\forms\agrpayas.doc 12/27/99 .. World Link Caf6 520 E. Hyman Avenue P.O. Box 11769 Aspen, CO, 81611 Aspen, CO, 81612 Phone : 970-925-4666 or 970- 379-1195 Dear Sir / Mam, This letter is in regards to the proposal of having furniture outside my premises. The address for this proposal is 520 E. Hyman Ave, Aspen, CO, 81611. I have attached a diagram, which will show that I will NOT be obstructing any paths or walkways. Please except this proposal. Many Thanks 0/ - James Guest 0 0 World Link Caf6, LLC. Proposal 1 1 Side 1 Iraida thlk 1 Wolld Isbelian 1 Gallery 1 Unk (19/ H Rug 2 Tables Vectra n * Sth,~s Bale t e r Gam#em S 0 t Side thlk Side WIR Side Uhlk Hymin Avenue --'q77 1 1 E MAIN ST / c-ff\---\-f« \4\-0 3 k- l 00 -49~ for 03 L «\-ff iiiot------E-HOPKNS-{WE ft Guest Special Review -- / 22 j ---1----1 0--7 74 \44 Parcel ID: 2737-182-15-004 ~irr--~ / Planner: Fred Jarrnan -+ tJA T-73 42' 1/ 1 / LIU 0\ 1 h ~ffi~ 4 / / 1 k CO f.\ j / f + / A/ / f / f «431_____ Of /W / / 0 l / 4- / E HYMAN AVE 1 ----7- 0 00 4/ 3 U ir»t · 11 f \ 2 / 11 4/ fl --1-14 'IN--7 / 4 1 1 1 \ A 1 3©/ f\PAN ./1 jn \CO , \ / , CO / 0) f --1 I 0 - 1 40/ f / / // 7\74 7/ /7 -- / E COOPER AVE E COOPER AVE -1 /79 h-4-4 7» / \\N\- \«\\1/ / 4400 I A--- k-- 1 , 2-03-»- - 1 7-446 T-» '' f iff - ' --7 / 19 ON Md .. CITY OF ASPEN PRE-APPLICATION CONFERENCE SUMMARY PLANNER: Fred Jarman, 920.5102 DATE: 5.22.00 PROJECT: Internet Cafd: Outdoor Seating REPRESENTATIVE: Janies Guest OWNER: Geld, LLC. , PARCEL ID: 2737-182-15-004 TYPE OF APPLICATION: 1 step. Special Review, Reduction of Open Space DESCRIPTION: Applicant, James Guest, wishes to provide two tables and 8 chairs in front of the Internet Cafd for outdoor seating within the front courtyard. Land Use Code Section(s) 26.575.030 Open Space 26.430 Special Review Review by: Staff for Completeness, Planning & Zoning Commission Public Hearing: Yes: Planning & Zoning Commission Referral Agencies: Planning Fees: Planning Deposit ($480) Referral Agency Fees: Total Deposit: $480 (additional hours are billed at a rate of $195/hour) To apply, submit the following information: 1. Proof of ownership. 2. Signed fee agreement. 3. Applicant' s name, address and telephone number in a letter signed by the applicant which states the name, address and telephone number of the representative(s) authorized to act on behalf of the applicant. 4. Street address and legal description of the parcel on which development is proposed to occur, consisting of a current certificate from a title insurance company, or attorney licensed to practice in the State of Colorado, listing the names of all owners of the property, and all mortgages, judgments, liens, easements, contracts and agreements affecting the parcel, and demonstrating the owner's right to apply for the Development Application. 5. Total deposit for review of the application 6. 11 Copies of the complete application packet and maps. P&Z=9; Planning Staff =2 7. An 8 1/2" by 11" vicinity map locating the parcel within the City of Aspen. 8. A written description of the proposal and an explanation in written, graphic, or model form of how the proposed development complies with the review standards relevant to the development application. Please include existing conditions as well as proposed. Please refer to the review standards in the application. Disclaimer: The foregoing summary is advisory in nature only and is not binding on the City. The summary is based on current zoning, which is subject to change in the future, and upon factual representations that may or may not be accurate. The summary does not create a legal or vested right. 05/22/2000 15:25 9709254666 JAMES GUEST PAGE 02 .. LEASE: SUMMARY OF BUSINESS TERMS THIS LEASE: SUMMARY OF LEASE TERMS is made and entered into this 1 74- dayofMay, 2000,byand between GELD, LLC, a Colorado limited liabilitycompany, whose address is Post Office Box 1247, Aspen, Colorado 81612 (referred to below as "Landlord"), and WORLD LINK CAFE, LLC, whose address is 520 East Hyman Avenue, Aspen, Colorado 81611 (referred to below as "Tenant"). WITNESSETH: Section 1 Premises. A. IN CONSIDERATION ofthe mutual covenants and agreements set forth herein and in the full Lease to which this Summary of Business Terms is attached, which Lease is made a part hereofbythis reference, Landlord does hereby lease to Tenant and Tenant does hereby rent from Landlord the following described Leased Premises: Unit 1A, Pitkin Center Condominiums, 520 East Hyman Avenue, Aspen, Colorado 81611, containing approximately 950 square feet. Notwithstand- ing the estimates of aquar¢ footage of the Premises and thc entire building, the rent rcjcrvcd hero- under is not based upon a dollar amount per square foot but is a gross amount for the entire space. B. Tenant shall cause the entire space to bc insured to limits set forth below, shall pay all such utilities metered to orutilized in connection with such space and shall keep and maintain the space in good condition and repair subject to the uses, limitations, restrictions and requirements hereinafter set forth. C. Whenever specifically used herein the term "Tenant's Fractional Share" of Landlord's expenses shall mean the fraction, the numerator of which is the square footage o f the Leased Premises set forth above and the denominator of which is 16. <71 -r.* fthe approximate total square footage of net rentable space in the Building). C l.09'- CO .A --* -re ._ Section 2 Term. The term ofthis Lease shallcommenceat 12:01 a.m. on the first dayof July, 2000, and shall expire at 11 :59 P.M. on the 3 1 st day of June, 2005. Wherever specifically used herein, the term "Lease Year" shall mean each full calendar year duringthe term hereo f, commencing on July 1,2000. Option to Extend. Tenant shall have one (1) option to extend the term of this lease. The extension shall be for a period of five (5) years, commencing on July 1,2005 and terminating on June 30,2010. As a condition of the exercise of this option, Tenant must be in good standing under the Lease and not in default of any of its provisions. An uncurcd default under the Lease shall void the option permitted hereunder. The option to extend must be exercised no later than ninety days prior to the expiration ofthe Lease Term, and must be exercised by Tenant's delivery ofwritten notice to Landlord. 1 05/22/2000 15:25 9709254666 JAMES GUEST PAGE 03 .. Section 3 A. Tenant agrees to pay Landlord during the first year of the Lease, at Landlord's address shown above, or at such other place as Landlord may from time to time designate in writing to Tenant, a minimum annual rental of $62,400.00 for the Leased Premises, in equal monthly installments of $5,200.00 ("Base Monthly Rental") on or before the first day of each month; provided, however, that rent for the first month ofthe Lease shall be due upon execution hereo£ B. For the second and subsequent years of the 1.ea,e and for any renewal period, Tenant shall pay Landlord a minimum annual rental to be calculated in accordance with the provisions of Article 111 of the Lease. In no event shall the annual rent paid by Tenant increase less than four percent (4%) nor greater than eight percent (8%) a year, which increase shall be applied to the rent payable during the preceding year. As during the first year of the Lease, rent shall be payable in equal monthly installments on or before the first day of each month. Section 4 Common Area and Utility Expenses. Tenant shall pay Tenant's Fractional Share of Landlord's expenses of managing, repairing and maintaining the Building Common Areas, as well as such share of Landlord's costs of providing certain utility and other services to the Building, all as more fully described in Article V of the Lease. Section 5 Taxes. Tenant shall pay Tenant's Fractional Share of Landlord's general property taxes, as more fully described in Article VI of the Lease. Section 6 Insurancg. Tenant shall pay Tenant's Fractional Share ofLandlord's fire, casualty and general public liability insurance premiums, as more fully described in Article VII of the Lease. Section 7 Building Maintenance Expenses. Tenant shall pay Tenant's Fractional Share of Landlord's periodic costs ofrepairing andmaintaining the Buildingutility systems andthose external aspects of the Building itself which do not involve the structural integrity thereof, all as more fully described in Article XI of the Lease. Section 8 Interior Utility Expenses. Landlord shall pay the cost ofproviding all common area utilities to the Leased Premises as more fully described in Section 4 above and Article V of the Lease. Interior utilities for the Leased Premises shall be billed separately to Tenant. 2 05/22/2000 15:25 9709254666 JAMES GUEST PAGE 04 .. Section 9 Estimated Share. Tenant's estimated share of the costs identified in Sections 4 through 8 above will be approximately $ 1,000.00 per month for the first year of the Lease. Section 10 Us¢. Tenant shall use the Leased Premises as an internet caf6. Upon prior written consent of Landlord (which consent will not be unreasonably withheld), Tenant may use the Leased Premises for some other purpose so long as it does not compete with any other use in the Building. Section 11 Sucutit¥ Deposit. Contemporancously herewith, Tenant shall deposit with Landlord as security for the faithful performance by Tenant of all of the terms of this Lease the sum of $ 10,400.00. This deposit is to be retained by Landlord until sixty (60) days following the termination ofthis Lease and any renewals or extensions hereof, at which time the deposit will either be returned to Tenant or retained in whole or in part by Landlord in accordance with the provisions of C.R.S. § 38-12-101, *seq. At no time may Tenant use or apply this deposit m lieu of rent. Landlord shall not be obligated to maintain the security deposit in a separate account and shall be allowed to co-mingle it with other funds. The security deposit shall not bear interest. Section 12 Signs. Tenant shall not erect, display, affix or allow any sign, shade, awning, fence, antenna, booth, or any device or structure whatsoever upon or about the exterior of the Leased Premises or upon the Building or the Building Common Elements without, in each instance, ftrst obtaining the written consent of Landtord. Tenant shall not make any other alterations in or on the Leased Premises except in accordance with the provisions of Article Xl of the Lcasc. Section 13 Lease SummarY Controls. In the event of any conflict between the terms and conditions of this Lease Summary and the body of the Lease of which this is made a part, this Lease Summary shall control, and the provisions Scl forth herein shall govern tho parties' 1-clationShip ami their rights and obligations. Section 14 Guarantee. By execution below, the undersigned individuals personally guarantee each and every obligation of Tenant set forth in this Lease Agreement, absolutely and without condition, and each individual shall bc jointly and severally liable with Tenant for the performance ofall obligations and the payment ofall amounts due under the Lease. Guarantors agree that notice or demand served upon Tenant shall constitute notice or demand upon Guarantors. that Tenant's occupancy or use and enjoyment ofthe Premises constitutes good, valid and adequate consideration forthis guarantee and that regardless ofthe solvency, filing ofbankruptcy or other inabilityofTenant to perform hereunder, Guarantors shall be fully obligated fortheperformance ofthis Lease as though a Tenant hereunder. 3 05/22/2000 15:25 9709254666 JAMES GUEST PAGE 05 .. IN WITNESS WHEREOF, Landlord, Tenant and Guarantors have executed this Lease: Summary of Business Terms on the day and year first abovc written, Landlord: Tcnant: GELD, LLC WORLD LINK CAFE, LLC a Colorado limited liability company AE ,-j-) By Eff A,«t-,L_ V-»-«~- f ' TJ~ ~ Lowell Meyer, its manager 112«3- ft - 1 A < i k» Gly/~ Guarantor: 4 ltv O MEMORANDUM TO: Aspen Planning and Zoning Commission THRU: Julie Ann Woods, Community Development Director Joyce Ohlson, Deputy Director%*'D FROM: Fred Jarman, Planner.4- Worldlink Caf6 Reduction of Open Space Variance - Public Hearing DATE: July 18, 2000 I ./ APPLICANT: ....*...6.-1.. · b I Worldlink Cal*, ; James Guest REPRESENTATIVE: :Illil:/,Hili H1lillimilillillillillilillilillillilillillilillillilli James Guest i Chropti.- d,j £4 0 -,4, 11~ 4 ill>./1.--0~fprrs'. LOCATION: 520 East Hyman Sweet; Ave-. .'. .... Parcel ID: 2737-182-15-004 .....12411:p ZONING: 7 - 'Fhal .0 *.".4 Commercial Core (CC) & Historic ~ -- ~ . .% 1. . 1 ..J:lu=t District Overlay Worldlink Cal'd front patio / garden area where applicant wishes to accommodate outdoor seating. CURRENT LAND USE: Internet Cafd PROPOSED LAND USE: 1 11' .0 Internet Caft with outdoor seating. . -0 '' f ,-1.1 . . 1.. . 41 4 I j.j 4 1 4 .1 g 1 34; SUMMARY: The Applicant is requesting Special '1 4 ,--1-11!11111!844 4 : Review approval for a Reduction in 1* ~24. ./ I. Open Space to place a minimal amount r - 5 of outdoor seating in front of the - .. Worldlink Cafd. This is a one-step .i . .. .lilli 1 . review before the Planning and Zoning : .. Commission. 1. 1 Worldlink Caft front patio / garden area where 1 -31 6 4(1/ 2.9 Diz(fok r,1. applicant wishes to accommodate outdoor seating. 6,:l 1443 5:100 4 ,•':,v 2-5-'~6 Dr -*4,0*,t-. 4 940\ 90-49 Akl 44 P:1 , v:- Sq'*14 {Lt/; 4/ A e en*l.l 14 %/ l o.~ -00, rt<L./c-tbM t 1 0~) t,9 5/#€-4, - -L t.+744,7.'- .. REVIEW PROCEDURE Special Review shall apply to all development in the City of Aspen designated for Special Review including reduction of open space requirements in CC (Commercial Core) Zone District [Section 26.430.040(C)]. Whenever a special review is conducted to determine whether a reduction of the open space requirement in the CC zone district is to be granted, it shall be reviewed in accordance with the standards set forth at Section 26.575.030(B). Following the receipt of a recommendation from the Community Development Department, the Planning and Zoning Commission shall by resolution approve, approve with conditions, or deny a development in the City of Aspen designated for Special Review including reduction of open space requirements in CC Zone District. STAFF COMMENTS: Worldlink Caft James Guest, ("Applicant"), is requesting approval for Special Rev-i£wfoi· the reduEEn of openseacelo place two or three tableswith accompanyilichairs in the patio / garden area in front of the Worldlink Cafe- qn East Hyman Street. As the pictures on the first page and Exhibit C indicate, the Worldlink Cafd has a large amount of open space in front of the building. The owner has maintained an attractive garden including trees and benches for pedestrians creating a nice courtyard. The applicant is proposing two tables and eight chairs. Staff believes that as a result of the large size of the courtyard, the applicant could accommodate three (3) tables and twelve (12) chairs if so desired. The applicant recently opened an Internet cafe in the building, which provides 10 computers for patrons to access the World Wide Web. Along with providing access to the Internet, the caft also serves beverages and a minimal amount of pre-cooked food to be heated in a microwave and served to patrons in the true sense of the cafd use. The applicant would like to use the large amount of currently vacant open space in front of the caft to place outdoor seating for patrons and the general public. This space is entirely separate from the right-of- way and does not encroach into the right-of-way in any way. The caft building frontage is actually set back further from the sidewalk and street right-of-way than the rest of the building. This provides for additional open space immediately in front of the caft. furtheL Staff-believes that the placement of outdoor seating wiJl ~lot interfere with pedestrian traffiq while at the same time add an attractive streetscape and pedestrian amenity to the area. Therefore, Staff believes the proposal meets the review criteria for a reduction of open space in the form of outdoor seating in the proposed location and does not impact pedestrians in the right-of-way on East Hyman Street and supports this variance from the reduction of open space in the CC Zone District for the Worldlink Caft. .. RECOMMENDATION: Staff is recommending approval of the Worldlink Cafd Special Review / Reduction of Open Space for outdoor seating in the patio /garden area in front of the caf6 on the south side of the property located at 520 East Hyman Street. RECOMMENDED MOTION: "I move to approve the Worldlink Caft Special Review / Reduction of Open Space to place outdoor seating in the patio /garden area in front of the cafd on the south side of the property located at 520 East Hyman Street with the conditions in the draft resolution." ATTACHMENTS: Exhibit A -- Review Criteria and Staff Findings Exhibit B -- Application Letter Exhibit C -- Site Photo Documentation Exhibit D -- Site Location Map Exhibit E -- Resolution #.i>, Series 2000 .. EXHIBIT A SPECIAL REVIEW REVIEW CRITERIA & STAFF FINDINGS The following section provides land use code language regarding a proposal for a variance from the reduction of open space requirements pursuant to Section 26.575.030(B). Reduction of required open space in the Commercial Core (CO zone district. The Commercial Core (CC) zone district requires that building sites within the zone district provide at least 25% of open space, unless the Planning and Zoning Commission, by special review (See Chapter 26.430), approves a reduction. A reduction of the required open space may be approved by the Planning and Zoning Commission only if: 1. The applicant demonstrates that the provision Of less than the required amount of open space on-site will be more consistent with the character of surrounding land uses than would be the provision of open space according to the standard. In making this finding, the Planning and Zoning Commission may consider the following: a. It may be appropriate to have open space on the site when the buddine is.located ou-u.su=Lcaringr. STAFF FINDING The site and location, where the applicant is requesting to place tables and chairs, is not located on a corner lot. The Worldlink Caft building is set back from the pedestrian right- of-way 34 feet; it is the furthest of all adjacent and surrounding businesses by a considerable amount. In this large open space in front of the cafd, the owner has placed pavement squares conforming to adjacent businesses, three medium size trees, a small landscaped area containing flowers, and two wood benches. These storefront open space elements are consistent with open space elements of adjacent businesses. These elements will remain in place and untouched with the proposed use. However, Worldlink Caft provides a considerable amount of true walkable open space compared to surrounding businesses. Staffbelieves that the proposed minimal outdoor seating will be more consistent with the character of surrounding land uses than would be the provision of open space according to the standard. b. The open space can be linked to neighbming-Padestian amenitie~ STAFF FINDING The lot is located in the Commercial Core (CC) zoning district, which allows restaurants, cabarets, nightclubs, and tea rooms as permitted uses. The Worldlink Cafd is a logical fit to the area as a permitted use in both the restaurant / cafd and service commercial uses. Currently, the open space provides a neighboring pedestrian amenity to the area, which Staff believes will be enhanced with the provision of a minimal amount of cafe-style seating for caft patrons as well as an amenity to the general public. Further, this .. proposal will not decrease any access to the caft or detract from the free pedestrian flow on the sidewalk right-of-way. Staff believes that the proposed minimal outdoor seating will be more consistent with the character of surrounding land uses than would be the provision of open space according to the standard. The open space provides relief intended to maintain the. prominence of an_adjacent histqric landmqrk· STAFF FINDING Staff finds there are no historical properties adjacent to the Worldlink Caft. However, the cafd is located within the Historic Overlay District therefore provides no relief maintaining the prominence of an adjacent historic landmark. d. The open space is intended for a particular functional purpose, such as dining or the protection Of an existing tree. STAFF FINDING The open space has existed with no specific or particular purpose other than as an open pedestrian courlyard space including trees, flowers, and two benches for the use of the building. The intention of the Worldlink Cald is to place an outdoor seating /dining area for patrons to the cafd as well as for the general public. The existing landscaping and benches will remain untouched by this proposal and will add to the cal* style seating arrangement. Staff believes that the proposed minimal outdoor seating will be more consistent with the character of surrounding land uses than would be the provision of open space according to the standard. e. It may be inappropriate to have open space on the site when other buildings along the street front are built to the pr operty line, especially along public mails, or when the open space is configured in such a manner as toserve no public purmig. STAFF FINDING The Worldlink caft is setback a full 34 feet from the edge of the sidewalk right-of-way. It is the furthest setback building on the block by a considerable amount than all surrounding buildings on its block and the opposing block. The intent of placing minimal outdoor seating is for the benefit of cafd patrons as well as the general public. As a result of the large amount of current open space, pedestrian access to the caft and along the adjacent sidewalk fronting the cafd will not be impeded. Staff believes that the proposed minimal outdoor seating will be more consistent with the character of surrounding land uses than would be the provision of open space according to the standard. .. World Link Caf6, LLC. 2 Fr 7.6- 520 E. Hyman Ave Aspen, CO, 81611 €Guit" 70 P.O. Box 11769 Aspen, CO, 81612 Phone : 970-544-0001 Fax : 970-544-0006 Dear Sir / Madam, This letter is in regards to the application of using open space. World Link Cal* is situated on 520 E. Hyman Avenue, we are set back 34 feet from the side walk. At NO time will the use of the open space impair or be a hindrance to anything or anybody. The reason for this request is that World Link Cal* would like to put minimal tables and chairs outside for the enjoyment of our customers and for the general public. Attached is a diagram for this proposal. Many Thanks r/U \--/J ames Guest World Link Cafe ~ ~ JUN-15-2000 THU 05:03 PM FRX NO. P. 05 .. ATTACHMENT 1 LAND USE APPLICATION FORM 1. Project name 904 44 054 2. Project location. (530 8. \\)rnon Ace , 1%«0,63;8\6\L (indicate street address, lot and block number or metes and bounds description) 3. Present zoning 4. Lot size f>5. Applicant's name, address and phone number 31 fneS- G-·-,emir %9-6 \] «z- 34™ex 1 As.. . 03, 53-\Lr, u U:>6. Representative's name, address,.ind phone number \1444 L,2* C654 s-sub E „ \41 rv¥>« Ar , Ariee, C.c>, 8-\(:A\ 7. Type of application (check all that apply): Conditional Use _ Conceptual SPA Conceptual HPC Special Review Final SPA _ Final HPC 8040 Greenline - _ Conceptual PUD Minor HPC Stream Margin _ Final PUD __ Relocation HPC Subdivision Text/Map Amend. _ Historic Landmark GMQS allotment GMQS exemption Demo/Partial Demo View Plane _ Condominiumization Design Review Lot Split/Lot Line Appeal Committee Adjustment 8. Description of existing uses (number and type of existing structures, approximate sq. ft, number of bedrooms, any previous approvals granted to the pr°erty>. 1 ke. 6 Ne gla€>f.f~ 0€£6 V. Phis Co.,A-*U . 9. Description of development application '\/4ce>k~ \PU- 43 nA '339-4*&, 0.24, Cb'N>&*lx *r. CL>=A,~ \~2.:41 . - 10. Have you completed and attached the following? 1 Attachment 1- Land use appllcat on form Attachment 2- Dimensional requirements form Response to Atta::hment 3 Response to Attachment 4 tII1IIll .. SITE PHOTO DOCUMENTATION EXHIBIT C -*4':< * .11 4: 34= '5: ; 91,1 (:b'f /*AL-41/ 2 °~lm: , -L:A ::}:. >@a « . 9.1,14 4,1 0/ 9,4 U - 11 =.Irt#h i .-44,46.@~ 11#1T-ip.im./.Twill...def *#re/4 1*1&, 2620* 9-I. I..,#f 9/ SY W . 1.6 .-34: 10 : :· - %+A>11 47»**+Sigi~~~4124*14: 4.* :13.·~: i View from East Hyman St. showing existing garden / patio area including trees, flowers, and benches. Proposed outdoor seating will occur in this area. ,- . ~ ---Ii-=--I--18/4- + I. fly f." . i l i.-Il '."* .... I. -4 ./.4 ~22-0,0 .. + I.', '.tad# . 2.-.4 & . 91; f:-9 V N . 4.0€15 0 *4 2 - . -1 ... i:.724.K~~694 4» I 1.4 4 . F 7 .. .. . :.3,42.- 1 /~,fu 1,4:¢ 4 4 1 View of Worldlink Cal'd showing open space in front of Easterly view of garden area showing open space and the building where proposed outdoor seating will be pedestrian amenities. placed. #AL .=41- -Ill'll"W-- . 2.m- 4¥, tf • ELI - . wa.%70% .:4 .fl'wit . .. SITE VICINITY MAP EXHIBIT D M '- J , fl«« 0 5 i - li 5.1- m 0 E HOPKINS AVE p--__ -.mhreelird Wo#dil re#gf- t252>~4€~f* E HYMAN AVE %0>25 0 44« l 1 ./.A.I S GALENA ST --- . Page 2 41(,untain Marketplace June I4- June-27 Cover Story Internet and co#ee come together at World Link Cafi By Rick Carroll :•r'IriT?MI/"Ill'll'lliu~k~P of travelers who have no computer « ' 124 /4,9 „,3/ ./ access. Aspen Daily News Staff Writer ' ~'•_ - P..1 Back in the early days of cal*s, com- That's certainly how Guest and r-~1 I~ 7-- _. munication and information was hard to IF 1 It,1-- Hedberg see it. come by. Caf6s became the center for'- "I know that they (cyber cafds) are ; 1 1- -r: - these services, and people would rou- .wr, - 6 not very big in the states," Guest said. 4.9 4 i , tinely gather to drink coffee and read Zi=..-J: . "But World Link Cafd will be for the 1,E I .1 1-y locals as well as the people who do have the newspaper. t. -1 Now the traditional cafl no longer - 2 11 6 ... 31.~: 4.--1~ ....... computers and they don't want to travel serves the purpose like it once held so '" 91 4.- t. 1 '' with them. A lot of people in town don't ' distinctly, thanks to the telephone, tele- 1. r , p ' want the hassle of bringing computers vision and radio. But with the advent of 11 2 .2-y. with them." the Internet, it appears the future of the According to Guest, he and Hedberg ' 5 ,%- 1ift - aRTEVI·F•,™=•~m-. -:gr. caf6 has emerged in the creation of a have "so many friends who need to new hybrid, the cyber cat-6. t. '* Mt 2 check e-mails, check the stock market." RE, A Throw in high-end coffees, teas and 1 ---te 2,2 - -. ~ r. il~43#'' -44#A¢-'3¥ 1*19 1,/~1~ r breakfast, and the two think they have a ~*~$6 '91, i ~ ~0~: p F. winning recipe in World Link Caf6, "1 know that they (cyber 1 ' cafes) are not very big in the ~ ./ 1/...ilill-/ 9/.- located at 320 E. Hyman Ave. They're A 1.-':5" also proud that they'll be serving states. ButWorld Link Caf@ ~ 1,-/ 1 -*:Willi,~:6-2 *1 mm„- 2-1 - _ h- E-~ "Australian meat pies," a breakfast item ' - *' - I#*dbh~ib 4.>f» 1-w ~* they claim will hook the first-timer. will be for the locals as well ~'·•.e~ .. Their main gig, though, will be serving 9" 4*44 coffee and providing access to 10 com- as the people who do have i 44314' C brjoj~~ 7./Prl"- puters. computers and they don't ' i.- -·t . 1+40 . /222:JI'/"1«41. ....:412-4.. They'll also have a conference room -RF 1- t.1,1 - ' '.3:. ...; ,> f'I ..9- 9 1 0.= t..2Ift~'~~:. private tutoring. 4 3 > available and offer computer courses and want to travel with them. - : When customers visit World Link A lot of people in town don't , Caf6, once they log on they'll be put on want the hassle of bringing 1 -1 - fl the cafd's Web site. The Web site will - 1.7 ' offer links to local lodging, employ- computers with them." . ment, dining, events, music, nightlife, and real estate, as well as news on %1111-- weather, stocks and international issues. James Guest teaL- Hedberg said the World Link Cafl -- --8h Web site will serve as a useful tool for World Link Cafe co-owner M /41 anyone with Aspen on their mind - Two local entrepreneurs certainly 4 +EM from the vacationer wanting to book a 11.-22 trip online to the newcomer looking for think that cyber caffs - where cus- 4.1' a job. tomers can get their Internet and coffee , - .1 14 Hedberg and Guest, who've known fixes under the same roof - are long , - It M .1 . -- - . */--= overdue in Aspen. And when 28-year- >412 111-11. each other 17 years and play for Aspen's old Australian transplants James Guest - - rugby club, also have an online agree- and Christian Hedberg open World Link Stefanie Deutsch/Aspen Daily News ment with Australia's largest travel Caf6 on July 1, it will be the first cyber Australian natives Christian Hedberg (/eft) and james Guest (right) will open World Link agency. caff to do business in Aspen. Caf€, Aspen's first cyber caf€, on luly I. Now that the international trend has fnally made "They'll have advertising with us and The cyber caf6 is a concept that's it's waytotown, the new business wi# feature high-end coffees, teas and breakfast compli- we'11 have advertising with them," already taken off in Latin America, mented by fun Internet access. Guest said. "It will be like an exchange , Europe, Asia and Australia. But in the program. They'll have World Link Caf6 " U.S., cyber caf6s have remained are in other countries. One of the main -based restaurant consultant. "It could on their Web site. unproven for the most part. There's just ones is that most other countries don't be that it's so easy to get on the Internet Guest and Hedberg hope that Aspen a few in Los Angeles, while London has have the easy access to the Internet that here, and it also could be that Starbucks serves as the launching ground for a con- " cept they could franchise one day. about 200 cyber caf6s, according tO the Americans have, making demand for is so popular. " "Internet Caf6 Guide." cyber caf6s greater in outside countries. That said, Olson also believes the This is something we've researched a Theories range on why cyber caf€s "It makes a lot of sense in Latin market for cyber cafls in the U.S. may lot," Hedberg said. "We're ready to get aren't catching on in the U.S. like they America," said Sharon Olson, a Chicago be stronger in its resort towns, because staired." •untal. 4- ft. rl MA> ,+ VI¢£¥PIA *A-' 0 - . - - - - 0 - . I,, ' .04/fr:-5-8·.7. --11~ ........L t 4 liA - / 2 f -/, bi . 6~ ED ........ V ..3, t. 7.. 71.,E+f- ~I.'~~I'~ -. - I ./ h 1/ k 17' 1 1 44'FAL ~ - -r- -4 .' . 94, . . 1/ ... 30*4 #2~· :j . %%41- . A . ··i I . 47 tn Cafd 1.32 6 . / J 4, '4 44 - ././:· ~f-. --4 - 1. f 2 - ·~G'a I + 9 .. City of Aspen 3X To: James Guest From: Fred Jarman, Planner Fax: 2-6 514*0006 Pages: 5 including cover Phone: 379.1195 Date: 5/25/00 Re: Worldlink CaM Code Info CC: U Urgent U For Review Il Please Comment C] Please Reply 0 Please Recycle • Comments: James, After taking your application to our staff meeting for staff review, the consensus was to allow you to have two (2) tables and eight (8) chairs in front of the cafa in the patio area. None of it can extend into the pedestrian right-of-way. We felt that because your application is pending (and most likely going to be approved) then you should be able to go ahead as it has clear benefits to the public. Also, we discussed that you might want to ask for use of the 'patio area" for outside dining instead of just limiting your self to two (2) tables and eight (8) chairs. By allowing to use the space" then you might even be able to fit more seating out there than what you propose. This of course could all be prohibited if P&Z Commission denies the application. Staff will fully support this application. Should be a no brainer! Please respond to the criteria in the code which is actually part of your application but you never received. This way, when I draft my staff report that we take to P & Z, I will be able to make the best case. The criteria is attached and marked. Cheers. Hope this helps. Let me know if you have any questions. (1 will be out of town until June 60, and it looks like we will be on the July 18~h P&Z agenda). Fred 920.5102 A 'C . .r Part 500 - Supplemental Regutions ~ Section 26.575.030 to, the storage, display, and merchandising of goods and services; provided, however, that the prohibition of this subsection shall not apply when such use is in conjunction with permitted commercial activity on an abutting right-of-way. 10. Commercial Restaurant Use. The provisions above notwithstanding, required open space may be used for commercial restaurant use if the Planning and Zoning Commission shall determine that such use is compatible with or enhances the purposes of these open space requirements and that adequate pedestrian and emergency vehicle access wid be maintained. Trellis structures shall only be proposed in conjunction with commercial restaurant uses on a designated Historic Landmark or within (H) Historic overlay zones and must be approved by the Historic Preservation Commission pursuant to review requirements contained in Chapter 26.415 and the Community Development Director pursuant to Section 26.470.060(A)(2)(a)(1). Such approved structures shall not be considered as=tToor area or a reduction in open space on the parcel. .4& B. Reduction of required open space in the Commercial Core (CC) zone district. The Commercial Core (CC) zone district requires that building sites within the zone district provide at least 25 % of open space, unless the Planning and Zoning Commission, by special review (See Chapter 26.430). approves a reduction. A reduction of Ihe required open space may be approved by the Planning and Zoning Commission only if: 1. The applicant demonstrates that the provision of less than the required amount of open space on-site will be more consistent with the character of surrounding land uses than would be the provision of open space according to the standard. In making this finding, [he Planning and Zoning Commission may consider the following: a It may be appropriate to have open space on the site when the building is 4 P located on a street corner. fj - b The open space can be linked to neighboring pedestrian amenities. 4 4 5 --47 C. The open space provides relief intended to maintain the prominence of an adjacent historic landmark. ~~:p d. The open space is intended for a panicular functional purpose, such as dining or the protection of an existing tree. ._£, e. It may be inappropriate to have open space on the site when other buildings along the street front are built to the property line, especially along public malls, or when the open space is configured in such a manner as to serve no public purpose. 1. Payment in lieu. When the Planning and Zoning Commission determines open space is inappropriate on the site, it may reduce or waive the requirement if the applicant shall make a payment-in-lieu according to the following formula: City of Aspen Land Use Code Page- 245 Revised 07/01/99 47 >9 .. City of Aspen mX To: James and Christian From: Fred Jarman, Planner 1 \ ., Fax: 544.0006 pages: *including cov< 4 ,1 Phone: 379.9930 Date: 6/22/00 Re: Worldlink CaM Noticing information CC: [3 Urgent C] For Review m Please Comment C] Please Reply C] Please Recycle • Comments: James, As promised. Here is the notice to be mailed out and code regulations you need to be aware of. Also included is an Affidavit that needs to be completed and brought back to me prior to the hearing. Cheers. Hope this helps. Let me know if you have any questions. Fred 920.5102 . .. PUBLIC NOTICE RE: WORLDLNK CAFE - REDUCTION OF OPEN SPACE VARIANCE NOTICE IS HEREBY GIVEN that a public meeting will be held on Tuesday, July 18.2000 at a meeting to begin at 4:30 p.m. before the Aspen Planning and Zoning Commission, Sister Cities Meeting Room, City Hall, 130 S. Galena St., Aspen, to consider an application submitted by James Guest requesting approval for a variance to waive the open space requirements o f the City of Aspen Land Use Code. The property is located at 530 E. Hyman and is commonly known as The Worldlink Cafd. For further information, contact Fred Jarman at the Aspen/Pitkin Community Development Department, 130 S. Galena St., Aspen, CO (970) 920-5102. s/Bob Blaich, Chair Aspen Planning and Zoning Commission .. Public notice 1. General. Prior to a public hearing on a development application, notice shall be provided to the public, pursuant to the tennS of this section. Table 6-101 establishes the StepS in the development review process at which time notice is zo be given. 2, Content of notice. Every notice shall include the name and address of the applicant. the type of development application sought. date, time and place of tile hearing, the address and legal description of the subject property if a~plicable, a summary of the development application under consideration. and identification of the decision-making body conducting the hearing and such other information as may be required to fuily apprise the public of the nature of the application. Manner of notice. Every notice shall be given in one or more of tile -CQ ,-C, 1 1 / r-*.-, 4- 2 -1 11'A ubiication o f notice shall be provided by the planMEEgencii at least En@=ft 15) Lays prior to the public hearing through publication in an official paper or a paper of general circulation in the City of Aspen in the legal notice section. The content of the notice shall be that descibed in Section 26.52.060(IE)(2). b. Postino of notice. Posting of notice shall be made by the applicant, who <-4 shall obtain a copy of=theorm,Forn theplanning agency. which shall be po sted at least ten (10) days prior to the public hearing, by posting a sign in a conspicuous place on the propercy subject to the development application. The sign shall be made of suitable. waterproof materials, shall be not less than twenty-two (22) inches wide and twenty-SiX (26) inches high. and shall be composed of letters not less than one inch in height. The content of the notice shall be that described in Section 26,52,060(E)(2). c. Mailing €fnorice. Mailing of notice shall be made by the applicant. who shall o'brain a copy of the notice from the planning agency. which shall contain that - information described in Section 26.52.060(E)(2). At least ten (10) days prior to the pubiic hearing, notice shall be sent by first class, postage preoaid U.S. mail, or at least five (5) days if sent by hand delivery, to all owners of propen- WiIhin three h11Ildred (300) feet of the property subject to the development application, and at least fifteen (15) days prior to the public hearing, notice shall be Sent by first class, postage pre-paid U.S. mail or hand delivery to any federal agency, state, county, municipal government, school, seriice district or other governmental Or quasi-governmentil agency that owns property within three hundred (300) feet of the property subject to the development application. The names and addresses of property owners shalI be those on the Current taX records of Pitkin County as they appeared no more than sixty (60) days prior to the date o f the public hearing. Gis -PA '4/ A.i Fpr *46 ~ l/1 A f . ' 92,0 - 710 < L 2) Dr,4~h OU., vi¢A City of Aspen gr 300, J, rl'4. A 5 4/.L- 1 10 . Fli 3-3 Fax To: Christian Hedberg From: Fred Jarman, Planner Fax: 544.0006 Pages: 3 including cover Phone: 544.0001 Date: 6/15/00 Re: Code language and process Notes CC: [3 Urgent C For Review £ Please Comment El Please Reply m Please Recycle • Comments: Christian, As promised, you will find attached important code language regarding Noticing prior to the public hearings, which will be both Historic Preservation Commission (HPC) and Planning and Zoning Commission (P&Z). Also attached is the application for the Historic Preservation Review. We apologize for this added process as we discovered with further review of your business location that you are located in the Historic District Overlay as well as being in the Commercial Core District. Any exterior structural changes need to be reviewed before the Historic Preservation Commission. This, of course, requires an additional $480.00 application deposit. Also a Minor HPC Review (which this is) requires 10 day posting before the meeting. You don't need to complete "Attachment #2" in this application. Also, we can get you in front of the HPC on July 12, which is the Wed. before your P&Z hearing. I will take you to both public hearings. In order to do the mailing for your notices, you will need to come down to City Hall to the Information Department on the first floor and get a list of the names of the property owners within 300 feet of your business which costs $50 I think. However you will be able to use the same list for both notice mailings for HPC and P&Z so you only need one list. k Noticing for P&Z requires posting your property 5 days before the hearing (or beginning on 7/13) and a mailing out 15 days prior to the hearing (or on July 3rd). > Noticing for HPC requires posting your property 10 days before the hearing (or beginning on 7/2) and a mailing out 15 days prior to the hearing (or on June 27th). Now, the most important thing is to get this HPC application back to me as soon as possible along with the info from the land use review I gave you earlier. That way I can review them . ~ June 15,2000 and get them into the necessary Commissioner packets for the PHC and the P&Z. Failure to do this will set you back a lot because you will lose your place on these public hearing agendas. You don't want that to happen. Give me a call if you have any questions. Good luck. Fred 920.5102 • Page 2 -- - ./ 1.---.- -- -V.--~~ -.- - t€.milkl It, 1/ 4% 47 G 11 1 21 v 41 7 1,4..75- € 3 0/ Ap_,to / 4 /7 f 3- E yt J *2 13~ , 43 6.121,?o- Lug ,> 614 gou a,4 1•eU u -10,4 0.6. 1 \"1- -+0, l<-04~u < DJU-\,*.7 1.01,4 Aa>FRAK ~ L~°J v» 1 1- j D LA'«, ~-~ ~ Li ~m/ 1,»11.Ja - Ot -7 VU,2 - vi o.~p / i Uke ~ 0-u,·kv 41.4*3 --- > f°4-5 C t.3-- 1,1.w) I foli- to ja*p i ?00' 7 U j,4 4 /4'6 4~44 S> r.. U g·k , 0 4*..1 9 9-6 1# -39-5- 77-fu - 12- 5-99. OoP 4 --%2 f\\/ 1 A f i. »40«DuiIN k LAFfs ... I 38€{u 4 ~ATE Al 4 R3~6 '.0 14*84 7 . - " BANK = 6 E M QCCRA 1 ... 11»Les g cws P 0 0 e.,2 0 0 0 rr - .j -. r .. HYMAN Ave