HomeMy WebLinkAboutcoa.lu.rz.C-1 District.1977 •
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M E M O R A N D U M
TO: Aspen City Council
FROM: Planning Office (KS)
RE: Code Amendment to Allow Coffee Shop or Limited Food Service
as a Conditional Use in the C-1 District
DATE: November 9, 1977
A couple of months ago, the Planning and Zoning Commission was presented
with a use determination application for a coffee shop in C-1 . The
application was brought by Irving Biers and specifically proposed for
the Hunter Square Building at Hunter and Main Streets . The use as
• described would have closely approximated the former "Casa Expresso"
operation on Hyman Street across from Little Annie's . The concept
was to provide a quiet meeting and reading place where persons could
gather and enjoy a cup of coffee or tea and limited food items like
pastry and quiche. It was to serve as an alternative to the crowded
and full service restaurants of the C-C zone district. •
At the time, the Planning and Zoning Commission compared the proposal
to similar use determinations in the C-1 district including those for
Gerard' s Pastry Shop, the Chocolate Soldier, and Say Fromage. It was
clear from a review of those actions by P&Z that while food items
were allowed to be sold, all had been restricted to "no consumption
of food on the premises. " Limited retail commercial establishments
are allowed by right in the C-1 district, but food service is not
mentioned in the use list. The Planning and Zoning Commission felt
that the proposal offered by Irving Biers had merit because of the
alternative it provided in terms of a non-tourist oriented food service,
but also believed that it departed too much from the list of uses
that a use determination finding was inappropriate. They asked the
Planning Office instead to draft a code amendment for their consider-
ation that would allow the coffee shop as a conditional use. The
limited nature of the use was to be specified in the Code and each
application would then be reviewed on a case by case basis for compliance
with the intent of limited non-tourist oriented food service and with
specific conditions.
In two public hearings, the Planning and Zoning Commission considered
a couple of proposed text amendments and finally selected the one they
felt offered the most precise language and conditions so that the C-1
district would not be unduly opened up to a wide variety of restaurant
operations. Dorothy Nuttall has drafted the recommended language into
an ordinance for your consideration. We believe that the new language
constitutes an incremental liberalization of the C-1 zone to allow
sit-down food facilities where none have been permitted before. However,
this is accomplished only to the degree that the coffee shop or food
service is intended to serve a non-tourist market and offer a limited
fare of specialty items which food service is to be accessory to
quiet reading or meeting atmosphere, or other passive activity. in
addition, no kitchen or food preparation or liquor service can be
allowed. We think that under these conditions, a use may apply for
conditional review and offer an alternative service to the community.
Such a use would now only be allowed in C-C and the practical reality
of the situation is that market conditions will dictate against their
operation in this district. We recommend approving the Code Amendment.
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748 Garfield St.
Denver, Colorado 80206
July 7, 1977
Mr. Stacy Standley, Mayor
City of Aspen
130 S. Galena
Aspen, Colorado 81611
Dear Mr. Standley:
Please read the entire text of this letter into the minutes of
the July 11, 1977 Public Hearing, or, if postponed, at the
appropriate date. As residents and taxpayers for over forty years,
we are writing to protest vigorously the proposed rezoning of the
North Spring Street property—legal description—East Aspen
Subdivision, Block 21, Lots A, B, C, D, E.
On Wednesday, July 6, 1977, we met with Mr. William Kane,
City/County Planning Director, at his office and discussed
several vital points. After this meeting with Mr. Kane, it is
our understanding that the following points represent a significant
change from the basic assumptions used to determine the current
planning commission recommendation.
1. Neighborhood Character - the master growth plan designates
this area for commercial, light industrial or multi-family use.
The Concept 600 building has already been erected across the
street. The Eagles Lodge is to be built on property immediately
adjacent to ours. It is our contention that, in light of recent
negotiations on the part of the Council concerning the Eagles
Club, the best and most consistent planning decision would be
to leave the current zoning unchanged. The existence of these
large multi-use buildings would not create a suitable neighborhood
character for single-family residential dwellings . This rezoning
is "spot zoning" and is contrary to the master plan.
2. Amount of land involved - We own only five lots, all on the
level with Spring Street. We do not own nine lots, as assumed by
some. We do not own any of the steeply sloping property that
drops down to the river to the east.
3. Existence of alley - there is no alley on the south edge of
the property, and there never has been an alley. We maintain a
large, graveled driveway for our private use.
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Mr. Stacy Standle> , Mayor
July 7, 1977
Page 2
We wish to make it clear that we are filing this formal, written
protest at this public hearing in the event that we are forced
to consider litigation at some time in the future.
Sincerely yours,
Albert W. Bevan, Sr. and Alice M. Beva
C10 W Q
Albert W. Bevan, Jr. and KaAryn A. Bevan
cc: Mr. William Kane
Mr. Michael Behrendt
Ms. Nina Johnston
Mr. John VanNess
Mr. George Parry
Mr. Steve Wishart
Mr. Marty Hershey