HomeMy WebLinkAboutcoa.lu.tu.309 E Main St.0063.20121
0063.2012.ASLU 315 E. MAIN ST
273707329002
TEMPORARY FOOD VENDING
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THE CITY OF ASPEN
City of Aspen Community Development Department
CASE NUMBER 0063.2012.ASLU
PARCEL ID NUMBERS 2737 073 29 002
PROJECTS ADDRESS 309 E. MAIN ST
PLANNER JIM POMEROY
CASE DESCRIPTION TEMP FOOD VENDING
REPRESENTATIVE SHIRLEY TIPTON
DATE OF FINAL ACTION 10.10.12
CLOSED BY ANGELA SCOREY ON: 10.19.12
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Permit type lAspen Land Use
I Permit * 10063.2012.ASLU
Address 1315 E MAIN ST
Apt/Suite I
City 1ASPEN
State CO
zip
Permt Information
... . .......
Master permit
Routing queue aslu07 Applied
Project
—71 Status 1pending
Approved
Description
APPLICATION FOR TEMP FOOD VENDING REVIEW
Issued
I
Closed/Final
Submitted ISHIRLEY TIPTON 544 2499
Clock RunningDays Expires
Submitted via
Owner
Last name 1ASPEN EMPORIUM, LLC
First name ISHIRLEY TIPTON
315 E MAIN ST
Phone 1(970) 544-2499
Address
�ASPEN CO 81611-1929
Applicant
2 Owner is applicant?
E3 Contractor is applicant?
Last name 1ASPEN EMPORIUM,LLC
First name ISHIRLEY TIPTON
315 E MAIN ST
Phone (970) 544-2499 Cust # 129217 Address
ASPEN CO 81611-1929
Lender
Last name First name
Phone 1( Address
iEnter the permit type code AspenGolc15 (server) argelas � 1 of I . -, .. I
�?��� .� ovo3zs 93
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DEVELOPMENT ORDER
of the
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.
Catherine M. Bergman, Miner's Real Estate LLC, P.O. Box 1365, Aspen, CO 81612,
Property Owner's Name, Mailing Address and telephone number
Lots C, D, E and half of B, Block 80 of the City and Townsite of Aspen and commonly known
as 315 E. Main St, Aspen CO 81611.
Legal Description and Street Address of Subject Property
Temporary Outdoor Food Vending on property that also hosts Aspen Emporium & Flying
Circus, with the intent to sell roasted chestnuts during the cold weather months, and eg lato
during the warm weather months.
Written Description of the Site Specific Plan and/or Attachment Describing Plan
Administrative approval October 10, 2012.
Land Use Approval(s) Received and Dates (Attach Final Ordinances or Resolutions)
October 10, 2012
Effective Date of Development Order (Same as date of publication of notice of approval.)
March 10, 2013
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 loth day of O ber, 2012, b the City of Aspen Community
Development Director. A Xj , ,4 4,0
Chris Bendon, Community Development Director
•
C7
NOTICE OF APPROVAL
TEMPORARY USE PERMIT TO ALLOW A FOOD VENDING CART TO
OPERATE ON THE PROPERTY OF THE ASPEN EMPORIUM & FLYING
CIRCUS, LOCATED AT 315 E MAIN ST.
LOTS D, E, AND HALF OF B, BLOCK 80
PARCEL ID NO.273707329002
APPLICANT: Shirley Tipton
SUBJECT & SITE OF APPROVAL: Aspen Emporium & Flying Circus, at 315 E.
Main St, involving the approval of Temporary Food Vending for the operation of a
chestnut roasting and gelato cart.
SUMMARY:
The Applicant has requested Temporary Food Vending approval for the purpose of
operating a food vending cart on the grounds of the Aspen Emporium & Flying Circus.
STAFF EVALUATION:
Pursuant to section 26.470.060 (7) of the City of Aspen Land Use Code (hereinafter
Code), Temporary Food Vending is permitted in the Commercial Core (CC) and
Commercial Lodge (CL) zone districts when specific review criteria are met. Per the
review criteria/operational requirements, the applicant is proposing the following:
Requirement
Proposal
Location
CC or CL zone
CC zone
Months of operation
6 months
6 months
Hours of operation
9am to 8 pm
Sun - Sat
List of products
Roasted chestnuts
(seasonal), gelato, lemonade
Area of vending site
< 50 s . ft.
+/- 12 s . ft.
The applicant has provided verification from the building owner representative and
tenants within the building granting permission to operate. Also, the city's Environmental
Health department has approved the proposed operation. The operation may continue on
the date of this decision.
DECISION:
Staff finds that the Temporary Food Vending application provided by the Applicant
should be granted for a six month term beginning on October 10, 2012. Please note
that this is the second time that the applicant has been approved for this operation
at the same location. The location, outside of the Aspen Emporium & Flying Circus
building, is appropriate for the food vending cart and the proposal meets the design,
Page 1 of 6
•
location, and operation requirements of Section 26.470.060 (7) of the Land Use
Code.
APPROVED BY:
aaa -
Chris Bendon
Community Development Director
04-- to ZotZ
Dates
Attachments:
Exhibit A — Temporary Food Vending Standards
Exhibit B — Application
Page 2 of 6
Exhibit A: Review Criteria
See. 26.470.060
7. Temporary food vending. Temporary Food Vending on private property or public
property that is subject to a mall lease for food vending or outdoor restaurant seating in
the Commercial Core (CC) or Commercial Lodge (CL) Zone Districts shall be approved,
approved with conditions or denied by the Community Development Director based on
the following criteria:
a. Location. All outdoor food vending shall be located in the Commercial Core (CC)
zone district. Temporary food vending may operate in interior arcades of
buildings within the Commercial Core and Commercial Lodge zone districts only
if the approval of the property owner and of all businesses that have access in the
arcade has been granted. The temporary operation shall under no circumstance be
located in the public right-of-way. The normal operation of the food cart,
including line queues, shall not inhibit the movement of pedestrian or vehicular
traffic along the public right-of-way. Other criteria that all applications must be
in compliance with:
1) Multiple vending sites shall not be allowed for any single owner or entity.
2) The food cart shall be in a consistent location as is practically reasonable and
not intended to move on a daily basis throughout the duration of the permit.
3) The food vending cart shall be placed in a location that does not interfere with
required emergency egress or pose a threat to public health, safety and
welfare. A minimum of six (6) foot ingress/egress shall be maintained for
building entrances and exits.
4) Before a food vending cart can begin operating, it must receive approval from
the property owner and all adjacent businesses.
Staff response: The cart is located within the CC zone district on private
property. The owner only operates out of this one location, is located within a
set area of the property, does not interfere with ingress or egress, and has
received approval to operate from the property owner and adjacent
businesses.
b. Operation Plan. The Applicant shall create an operation plan to include in all
letters that seek approval from the property owner or adjacent businesses. The
operation plan shall contain the following information, at a minimum:
1) Months of intended operation
2) Hours of operation
Page 3 of 6
•
3) Location
4) Comprehensive list of all food and beverage being served.
If any element of the operation plan is altered after a Temporary Outdoor Food
Vending permit has been issued, the Community Development Director has the
ability to revoke the issued permit.
Staff response: The Applicant notes that the business will be operated for 6
months starting in October, Sundays through Saturdays, from 8am to 8pm.
During the cold weather seasons roasted chestnuts will be served, and during the
warm weather seasons gelato will be served. This vendor also anticipates
participation in Lemonade Day, a yearly one -day event involving area youth.
c. Duration. The temporary food vending operation shall be permitted to operate for
a period of six (6) months. The six (6) month period shall begin on the same the
date that the Notice of Approval is signed by the Community Development
Director. This six (6) month period may not be separated into non-consecutive
periods. Once the six (6) month timeframe has expired, the operation shall be
subject to an additional review and permit process. The Community
Development Director shall consider a returning vendor's past performance in
considering a permit renewal. This shall include, but shall not be limited to, input
from the Environmental Health Department, Chief of Police, special event staff,
and feedback from adjacent businesses.
The Community Development Director may require a temporary cancelation of
operations to accommodate special events, holidays, or similar large public
gatherings. Such action will be taken if it is determined that the food cart will
create a public safety issue or create an excessive burden on the event activities.
The Community Development Director may revoke the permit and cause removal
of the vending operation if the vendor fails to accommodate such a request.
Staff response: The Applicant notes that the business will be operated for 6
months starting October 10`h, 2012.
d. Fee. The permit fee for a food vending cart shall be the current fee listed in Land
Use Code Section 26.104.070, Land use application fees.
e. Size. The area of outdoor food vending activities does not exceed fifty (50) square
feet. The area of outdoor food vending activities shall be defined as a counter
area, equipment needed for the food vending activities (e.g. cooler with drinks,
snow cone machine, popcorn machine, etc.), and the space needed by employees
to work the food vending activity.
Staff response: The Applicant notes that the business will be approximately.12 sq.
ft. in size.
Page 4 of 6
f. Number. The number of Temporary Outdoor Food Vending carts allowed within
the City of Aspen at any given time shall be limited to four (4). This number shall
be based upon valid Land Use Applications approved by the Community
Development Director. Food vending locations within interior arcades are
exempt from this limitation.
Staff response: This application brings the current number of Outdoor Food
Vending carts within the City of Aspen to two.
g. Signage. Signage for temporary food vending carts shall be exempt from those
requirements found within Land Use Code Section 26.510, Signs, but not
excluding Prohibited Signs. The total amount of signage shall be the lesser of
fifty percent (50%) of the surface area of the front of the cart, or six (6) square
feet. Sign(s) shall be painted on or affixed to the cart. Any logos, lettering, or
signage on umbrellas or canopies counts towards this calculation. Food carts may
have a sandwich board sign in accordance with the regulations found within
Chapter 26.510.
Staff response: The Applicant has agreed to meet the signage requirements.
h. Abandonment. The City of Aspen may remove an abandoned food vending
operation, or components thereof, in order protect public health, safety, and
welfare. Costs of such remediation shall be the sole burden of the property
owner.
Staff response: The review criterion is not applicable.
i. Environmental Health. An application to the Community Development Director
for temporary outdoor food vending shall only be submitted and approved
subsequent to submitting and obtaining approval of a food service plan from the
Environmental Health Department. The area of outdoor food vending activities
shall include recycling bins and a waste disposal container that shall be emptied
daily and stored inside at night and when the outdoor food vending activities are
not in operation. Additionally, no outdoor, open -flame char -broiling shall be
permitted pursuant to Municipal Code Section 13.08.100, Restaurant Grills.
Staff response: The- Applicant has received approval from the Environmental
Health Department.
j. Affordable Housing Waiver. The Community Development Director shall waive
affordable housing mitigation fees associated with the temporary new net leasable
square footage being created by outdoor food vending activities.
Page 5 of 6
k. Year-round Operation. The outdoor food vending activities may occur year-
round. An application for an approval of temporary outdoor vending activities
shall not constitute nor be interpreted by any property owner, developer, vendor,
or court as a site specific development plan entitled to vesting under Article 68 of
Title 24 of the Colorado Revised Statutes or Chapter 26.308 of this Title.
Approvals granted in this subsection are subject to revocation by the City
Manager or Community Development Director without requiring prior notice.
1. Maintenance and public safety. An application for temporary outdoor food vending
activities shall not diminish the general public health, safety or welfare and shall
abide by applicable City regulations, including but not limited to building codes,
health safety codes, fire codes, liquor laws, sign and lighting codes, and sales tax
license regulations.
Staff response: The Applicant has agreed to meet applicable city regulations.
(Ord. No. 14, 2007, § 1; Ord. No. 913, 2010 § 1)
Page 6 of 6
AFFIDAVIT OF PUBLIC NOTICE
REQUIRED BY SECTION 26.304.070 AND CHAPTER 26.306
ASPEN LAND USE CODE
ADDRESS OF PROPERTY: o I � E: . M A I 1 ) ,
Aspen, CO
STATE OF COLORADO )
) ss.
County of Pitkin )
I, W- EL ) A. (name, please print)
being or representing an Applicant to the City of Aspen, Colorado, hereby personally
certify that I have complied with the public notice requirements of Section 26.304.060
(E) or Section 26.306.010 (E) of the Aspen Land Use Code in the following manner:
v Publication of notice: By the publication in the legal notice section of an official
paper or a paper of general circulation in the City of Aspen at least fourteen (14)
days after final approval of a site specific development plan. A copy of the
publication is attached hereto.
Publication of notice: By the publication in the legal notice section of an official
Paper or a paper of general circulation in the City of Aspen no later than fifteen
(15) days after an Interpretation has been rendered. A copy of the publication is
attached hereto.
A
Si ure
The foregoing "Affidavit of Notice" wasacknowledged,before me this is day
of /%GIG ��� , 20L2, by \J 41 Yk-) 14KAJ f� i�-t
PUBLIC NOTICE
Of
DEVELOPMENT APPROVAL
Notice is hereby given to the general public of the
approval of a site specific development plan, and
the cceation of a vested property right pursuant to
the Land Use Code of the City of Aspen and Title
24, /rticie 66, Colorado Revised Statutes, pertain-
ing f.1 Me following described property: Aspen Em-
porium &Flying Circus, commonly known as 315
E. Main St, Aspen, Colorado, 81611, by order of
the Community Development Director on October
10, 2012, The Applicant, Shirley Tipton, received
approval of a Temporary Food Vending cart on the
aforementioned property. For further information
contact Jennifer Phelan, at the City of Aspen
Community Development Dept. 130 S. Galena St,
Aspen, Colorado (970) 920-5090.
si City of Aspen
Publish in The Aspen Times Weekly on October
18, 2012.[84973941
WITNESS MY -HAND AND OFFICIAL SEAL
My commission expires:',
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ATTACHMENTS:
COPY OF THE PUBLICATION
a—D 1 5
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: Aspen Emporium & Flying Circus, commonly known as
315 E. Main St, Aspen, Colorado, 81611, by order of the Community Development
Director on October 10, 2012. The Applicant, Shirley Tipton, received approval of a
Temporary Food Vending cart on the aforementioned property. For further information
contact Jennifer Phelan, at the City of Aspen Community Development Dept. 130 S.
Galena St, Aspen, Colorado (970) 920-5090.
s/ City of Aspen
Publish in The Aspen Times on October 18"i, 2012
• 0 Page 1 of 6
CITY OF ASPEN
MOC A DDI Ir ATinN GnNFERENCE SUMMARY
r PI IL-P91 1 V..J...-.
PLANNER: Sara Adams 970-429-2778 DATE: October 1, 20�� j�D
PROJECT: 315 E Main Street, Food Vending �1
APPLICANT: Shirley Tipton, Aspen Emporium LLC OCT 2 2012
TYPE OF APPLICATION: Temporary Food Vending for Aspen Emporium
r,ITY OF ASPEN
DESCRIPTION: COMMUNITY DEVELOPMENT
The Applicant is requesting approval for a Temporary Outdoor Food Vending permit in order to operate
a chestnut roasting stand at 315 E. Main St. The Applicant has not specified the periods of time when
the food stand is intended to operate, but this information will need to be included with the Land Use
Application, in addition to:
• Desired months of operation
• Full list of food being offered
• Location
All of this information should be included in the Applicant's Operation Plan. The operation plan shall be
included in the letters of approval that must be signed by the property owner(s) or owner's
association(s). In addition, the Applicant must obtain approval from the property owner, all businesses
on the lot, and all business on the adjacent properties.
The Applicant will need to comply with the criteria established in Section 26.470.060(7), Temporary
Outdoor Food Vending. Below is a link to the Land Use application Form for your convenience.
littp://«,\ww.asl2enpitkin.coin/Portals/O/docs/City/Comdev/Apps%20and%2OFees/landuseappfonn.pdf
Land Use Code Section(s)
26.304 Common Development Review Procedures
26.470.060(7) Temporary Outdoor Food Vending
Follow link below to view the City of Aspen Land Use Code
http://www.aspenpitkin.com/Departments/Community-Development/Planning-and-Zoning Title-26-
Land-Use-Code/
Review by: Community Development Staff for complete application
Public Hearing: Not required for this review.
Planning Fees: $79, flat fee for Administrative Community Development Staff Review
Total Deposit: $79
Total Number of Application Copies: 2 Copies, including appropriate drawing for board review
To apply, submit the following information:
= Total Deposit for review of application.
O Pre -application Conference Summary
•
9 Page 2 of 6
Applicant's name, address and telephone number, contained within a letter signed by the
applicant stating the name, address, and telephone number of the representative authorized to
act on behalf of the applicant.
0 Street address and legal description of the parcel on which development is proposed to occur,
0 Completed Land Use application and signed fee agreement.
= 2 copies of the complete application packet and maps.
A written description of the proposal and a written explanation of how a proposed development
complies with the review standards relevant to the development application § 26.470.060(7)
Temporary Outdoor Food Vending.
0 A drawing depicting the size of the temporary use (not to exceed fifty (50) square feet).
0 A site plan depicting the location of the temporary use.
0 If applicable, a signed letter from the owner of the business that the temporary use will be
operating by or in association with.
0 Signed letters from those restaurant or retail businesses that the temporary use will be
operating adjacent to.
= A signed letter from the property owner.
0 Proof of approval from the Environmental Health Department for a food service plan.
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.
•
Page 3 of 6
ABPEN
�d
fIVING
CIRCUS
T
Aspen Emporium LLC dba Aspen Emporium and Flying Circus
Application for Tomnnrary Foodi Vending Land Use /+��E7ii�.a�ivi� �.,. ..,.,.r,,,....,
We seek permitting to allow vibrant retail operation that reflects the fun and
frippery we offer on behalf of our 45 artisans and vendors. To that end we
respectfully respect vending permits under the City of Aspen code.
Applicant/approved Agent —
Shirley Tipton
Aspen Emporium and Flying Circus
Co-owner/co-manager
315 E. Main St.
Aspen, CO 81611
970-544-2499, 970-948-3119 (c)
shirleytipton comcast. net
Applicant is the /orized agent a managi g partner of Aspen Emporium, LLC
To meet our community goals of increasing and supporting local business as we increase downtown
vitality and foot traffic, we submit this application for a temporary food vending permit consistent with the
requirements of the City of Aspen land use codes. We respectfully request approval.
Our operation plan for this vending is as follows —
• Desired months of operation
o Year-round, weather permitting
o Winter holiday season for roasting/roasted chestnuts
• Hours of operation will be 9a to 8p as traffic requires though most often will be 9a-6p.
• Full list of food being offered: Gelato, Chestnuts in winter, no hazardous foods
• Location 315 E. Main Street, legal description: Lots C & D, Block 80 and half of lot B, block 80,
parcel id 2737-073-29-002
• Egress/access will be maintained at all times
• Signs meet City of Aspen code and are appropriately permitted
• Photo of vending cart: Gelato cart - 4' x 2' x 3'h
Jh- --4 z 7, /;�;p
RECEIVED
n rJ M 2012
CITY OF ASPEN
COMMUNITY DEVELOPMENT
0 0 Page 4 of 6
• Cart will be in a small cart just off the porch, in the grass. Chestnuts will also be just
off the porch with roasting device, small, traditional chestnut roaster — operated during
holidays as a community "traditional" amenity. Front yard is 39 feet wide and 22 feet
deep.
Building
MAIN STREET
• Application includes attachment of permission of property owner on both sides. Please note
property owner is also owner of this property and our landlord. We have made multiple
attempts to contact business owner for Alderfer's Antiques without success.
• City of Aspen Health Department permits are in place and rules will be followed. No hazardous
foods will be handled or served from this cart.
We respectfully submit this application and believe we are meeting requirements of City of Aspen codes
as established in Section 26.470.060(7), Temporary Outdoor Food Vending.
Attachment 2 — Land Use Application
Permission from property owner and adjacent business owner
• lFrTIVED Page 5 of 6
OCT 2 2012
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•
• Page 6 of 6
MINERS' REAL ESTATE, LLC
P.O. BOX 1365
ASPEN, CO 81612
November 30, 21M
TO WHOM IT MIGHT CONCERN
It is our understanding that our tenants, The Aspen Emporium and Flying Circus, at e
appl) ing for a permit to roast the-Ows in the front of the property and numerous other
outdoor activities, We have no objection to this particular function and have an
understanding with them that they will indeed Check with us before initiating any other
sw.h f =dons in the fivvww.
We = the owmcrs of the properties on either side of the 315 F.. Main Stm-,v location in
question.
Catherine A4. T;argman
_Mgr -Member, Miners LLC
• • Page 1 of 6
CITY OF ASPEN
PRE_APPI IrATIr)N r0NFFRFNrF RI IMMARY
PLANNER: Sara Adams 970-429-2778 DATE: October 1, 2
UIL
PROJECT: 315 E Main Street, Food Vending �`-C-NV
EO
APPLICANT: Shirley Tipton, Aspen Emporium LLC OCT 2 2012
TYPE OF APPLICATION: Temporary Food Vending for Aspen Emporium
CITY OF ASPEN
DESCRIPTION: COMMUNITY DEVELOPMENT
The Applicant is requesting approval for a Temporary Outdoor Food Vending permit in order to operate
a chestnut roasting stand at 315 E. Main St. The Applicant has not specified the periods of time when
the food stand is intended to operate, but this information will need to be included with the Land Use
Application, in addition to:
• Desired months of operation
• Full list of food being offered
• Location
All of this information should be included in the Applicant's Operation Plan. The operation plan shall be
included in the letters of approval that must be signed by the property owner(s) or owner's
association(s). In addition, the Applicant must obtain approval from the property owner, all businesses
on the lot, and all business on the adjacent properties.
The Applicant will need to comply with the criteria established in Section 26.470.060(7), Temporary
Outdoor Food Vending. Below is a link to the Land Use application Form for your convenience.
http://www.aspenpitkin.conVPortals/0/docs/City/Comdev/Apps%2Oand%2OFees/landuseappfomi.pdf
Land Use Code Section(s)
26.304 Common Development Review Procedures
26.470.060(7) Temporary Outdoor Food Vending
Follow link below to view the City of Aspen Land Use Code
http://www.aspenpitkin.com/Departments/Community-Development/PIanning-and-Zoning[Title-26-
Land-Use-Code/
Review by: Community Development Staff for complete application
Public Hearing: Not required for this review.
Planning Fees: $79, flat fee for Administrative Community Development Staff Review
Total Deposit: $79
Total Number of Application Copies: 2 Copies, including appropriate drawing for board review
To apply, submit the following information:
= Total Deposit for review of application.
= Pre -application Conference Summary
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• Page 2 of 6
Applicant's name, address and telephone number, contained within a letter signed by the
applicant stating the name, address, and telephone number of the representative authorized to
act on behalf of the applicant.
0 Street address and legal description of the parcel on which development is proposed to occur,
0 Completed Land Use application and signed fee agreement.
0 2 copies of the complete application packet and maps.
A written description of the proposal and a written explanation of how a proposed development
complies with the review standards relevant to the development application § 26.470.060(7)
Temporary Outdoor Food Vending.
= A drawing depicting the size of the temporary use (not to exceed fifty (50) square feet).
= A site plan depicting the location of the temporary use.
0 If applicable, a signed letter from the owner of the business that the temporary use will be
operating by or in association with.
Signed letters from those restaurant or retail businesses that the temporary use will be
operating adjacent to.
= A signed letter from the property owner.
0 Proof of approval from the Environmental Health Department for a food service plan.
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.
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Page 3 of 6
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Aspen Emporium LLC dba Aspen Emporium and Flying Circus
Land Use Application for Temporary Food Vending
We seek permitting to allow vibrant retail operation that reflects the fun and
frippery we offer on behalf of our 45 artisans and vendors. To that end we
respectfully respect vending permits under the City of Aspen code.
Applicant/approved Agent —
Shirley Tipton
Aspen Emporium and Flying Circus
Co-owner/co-manager
315 E. Main St.
Aspen, CO 81611
970-544-2499, 970-948-3119 (c)
shirleytipton(cDcomcast.net
Applicant is the orized agent a managi g partner of Aspen Emporium, LLC
To meet our community goals of increasing and supporting local business as we increase downtown
vitality and foot traffic, we submit this application for a temporary food vending permit consistent with the
requirements of the City of Aspen land use codes. We respectfully request approval.
Our operation plan for this vending is as follows —
• Desired months of operation
o Year-round, weather permitting
o Winter holiday season for roasting/roasted chestnuts
• Hours of operation will be 9a to 8p as traffic requires though most often will be 9a-6p.
• Full list of food being offered: Gelato, Chestnuts in winter, no hazardous foods
• Location 315 E. Main Street, legal description: Lots C & D, Block 80 and half of lot B, block 80,
parcel id 2737-073-29-002
• Egress/access will be maintained at all times
• Signs meet City of Aspen code and are appropriately permitted
• Photo of vending cart: Gelato cart - 4' x 2' x 3'h
RECF-RIED Mom_ .tr -Z3 r3
OCT 0 2 2012
CITY 01` „_rJEN
COMMUNITY DEVELOPMENT
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• Cart will be in a small cart just off the porch, in the grass. Chestnuts will also be just
off the porch with roasting device, small, traditional chestnut roaster — operated during
holidays as a community "traditional" amenity. Front yard is 39 feet wide and 22 feet
deep.
Building
Side
walk
Cart
SmR,nal
MAIN STREET
Application includes attachment of permission of property owner on both sides. Please note
property owner is also owner of this property and our landlord. We have made multiple
attempts to contact business owner for Alderfer's Antiques without success.
City of Aspen Health Department permits are in place and rules will be followed. No hazardous
foods will be handled or served from this cart.
We respectfully submit this application and believe we are meeting requirements of City of Aspen codes
as established in Section 26.470.060(7), Temporary Outdoor Food Vending.
Attachment 2 — Land Use Application
Permission from property owner and adjacent business owner
0
ATTACHMENT 2 -.AND USE APPLICATIDN
*.-r.FIVED
OCT 2 2012
CITY Cit- HJrtN
COMMUNITY DEVELOPMENT
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Page 5 of 6
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MINERS" REAL ESTATE, LLC
P. 0. BOX 1365
ASPEN, CO 81612
November 30, 2011
TO WHOM IT MIGHT CONCERN
It is our understanding that our *nants. The Aspen Emporium and Flying Circus, Rm
applyring For a permit to rout chestnuts in the Rant of the property and numerous other
outdoor activities, We have no objeetian to this particular function and have an
undenatending with them that they will indeed check with us before initiating any other
such functions in the future.
We am the o xm= of the properties on citl►cr side of the 31 s L• . Main Strut location in
question.
Catherine M. 1;Crg"n �% r
Mgr-Meinbet, Miners LLC