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HomeMy WebLinkAboutlanduse case.boa.315 E Hyman Ave.008-91 I. CASE 191-8 L'OPERA APPEAL CITY OF ASPEN BOARD OF ADJUSTMENT NOVEMBER 22. 1991 CITY COUNCIL CHAMBERS 4: 30 PM. AGENDA ...-"..-.... ,"""'" '",/ 30 ney CITY I MEMORANDUM DATE: November 19, 1991 TO: Board of Adjustment FROM: Jed Caswall, city AttorneY'oL RE: L'Opera Appeal Gerard Philippon, as lessee of the premises at Space 301, Wheeler Square Building, 315 East Hyman Avenue, Aspen, Colorado, has submitted a written request to the Planning Director pursuant to section 24-12-101 of the Municipal Code seeking an appeal from an administrative decision denying Mr. Philippon permission to utilize the subject premises for the operation of a restaurant. In that a question has arisen regarding the jurisdiction of the Board of Adjustment to hear Mr. Philippon's appeal, I am forward- ing you this opinion addressing the issue. section 24-4-301 of the Municipal Code sets forth and defines the parameters of the Board of Adjustment's general jurisdiction. That provision states as follows: In addition to any authority granted the Board of Adjustment by state law and the Municipal Code of the City of Aspen, Colorado, the Board of Adjustment shall have the following powers and duties: A. To hear, review and approve variances to the terms of these regulations under Article 10; B. To hear and decide appeals from, and review any order, requirement, decision, or determination made by any administrative official charged with the enforcement of this Chapter under Article 12, except for appeals of interpretation of the text of this Chapter or the boundaries of the zone district map which shall be heard and decided by the city council. Article 12 "Appeals From Administrative Action", provides at section 24-12-101 as follows: @ recycled paper Memorandum to Board of Adjustment November 19, 1991 Page 2 Sec. 12-101. Appeals from the (sic) administrative action. A. Authority. The Board of Adjustment shall have the authority to hear and decide appeals from any decision or determination by any administrative official pursu- ant to the standards and procedures hereinafter set forth, except for interpretation to the text of this Chapter or the boundaries of the zone district map, which shall be decided pursuant to the terms of Article 11. B. Initiation. An appeal may be initiated by any person who received a decision or determination by any admin- istrative official with respect to this Chapter, except an interpretation to the text of this Chapter or the boundaries of the zone district map. * * * * * * E. Action of the Board of Adjustment. The Board of Ad- justment shall consider the appeal within thirty (30) days following receipt of all records concerning the subject matter of the appeal. The Board of Adjustment may reverse, affirm, or modify the decision or deter- mination appealed from and, if the decision is modi- fied, shall be deemed to have all the powers of the officer from whom the appeal is taken, including the power to impose reasonable conditions to be complied with by the appellant. The decision shall be in writ- ing and shall be sent to the appellee (sic) by certi- fied mail. [Note: "appellee" should be "appellant".] Any notice of appeal must be filed with the Planning Director within ten (10) working days of the date of the decision being appealed. (See, section 24-12-101 (C) .) As identified in the notice of appeal, Mr. Philippon wishes to appeal a zoning enforcement determination that Space 301 of the Wheeler Square Building may not be remodeled and utilized as a "restaurant" under the terms of the Municipal Code. The core issue before the Board of Adjustment is the application of the definition of the term "restaurant" as set forth in the Municipal Code to the facts pertinent to Mr. Philippon's request to use Space 301 as a restaurant. Memorandum to Board of Adjustment November 19, 1991 Page 3 As described above, the Board of Adjustment is without jurisdic- tion to make interpretations of the Municipal Code. Similarly, the Board of Adjustment is without jurisdiction to entertain appeals from administrative interpretations of the Code. On the other hand, the appeal being requested by Mr. Philippon in the case before you does not challenge an administrative interpreta- tion of any provision of the Code, but, rather, seeks a review of a zoning enforcement officer's application of the Code to a given set of facts as presented by Mr. Philippon. Based upon the nature of the appeal as defined by Mr. Philippon in his notice of appeal, and in consideration of the Municipal Code provisions noted above, it is my opinion as City Attorney that Article 12 of Chapter 24 of the Municipal Code authorizes and properly vests the Board of Adjustment with jurisdiction to hear and determine Mr. Philippon's appeal from the zoning en- forcement officer's administrative decision in the application of the term "restaurant" to Mr. Philippon's request to remodel and utilize Space 301 of the Wheeler Square Building as a restaurant. I will be available to the Board at the hearing scheduled to decide Mr. Philippon's appeal should you have any questions concerning the matters set froth above. EMC/mc jcl119.5 cc: Planning Director Zoning Enforcement City Manager City Clerk Dave Myler (for appellant) "......, '"'" '-.;,/ ing Office treet 611 Aspen/Pit 130 Asp (303) 9 TO: Board of Adjustment FROM: Diane Moore, City Planning Directo~ RE: L'Opera Appeal DATE: November 20, 1991 ----------------------------------------------------------------- ----------------------------------------------------------------- In accordance with Section 24-12-101 of the Municipal Code, I have attached for your review information and records concerning the L'Opera appeal. Mr. Philippon is seeking an appeal from an administrative decision denying Mr. Philippon permission to utilize Space 301 of the Wheeler Square Building for the operation of a restaurant. The attached information is in chronological order with the most recent correspondence placed first in your packet. I have identified the material by referring to it as exhibits and the following is included: Exhibit I - Letter from Dave Mylar (representing L'Opera) to Diane Moore and Bill Drueding, dated November 20, 1991. Exhibit II - Letter from Dave Mylar to Diane Moore, dated November 8, 1991, Notice of Appeal for L'Opera. Exhibit III - Letter from Diane Moore to Dave Mylar, dated November 6, 1991, Code Interpretation. Exhibit IV - Letter from Dave Mylar to Diane Moore, dated October 23, 1991, Delivery Access Requirements for Restaurants. Exhibit V - Section 24-3-101 of Municipal Code, Definition of Restaurant. Exhibit VI - Section 24-5-209 of Municipal Code, Permitted Uses within the Commercial Core zone district. Exhibit VII - Aspen/Pitkin Regional Building Department Building Permit Application for Wheeler Square Associates. Exhibit VIII - City of Aspen Plumbing Permit Application for @ recycled paper c ~ Fleisher & Co. I will be available to the Board at the hearing should you have any questions concerning the matters set forth above. ,. " ........ ~ MYLER, STULLER & SCHWARTZ ATTORNEYS AT LAW DAVID J. MYLER SANDRA M. STULLER ALAN E. SCHWARTZ fi h I' Bit JL--:- 106 S. MILL STREET, SUITE 202 ASPEN, COLORADO 81611 (303) 920-1018 FAX 920-4259 November 8, 1991 NOV - 8, JI Diane Moore City Planning Director Aspen/Pitkin County Planning Office l30 South Galena Aspen, CO 81611 RE: Notice of Appeal - L'Opera Dear Diane: In accordance with the provisions of Article XII, Section 12 10l.C, of the City of Aspen Land Use Code, please accept this letter as a notice of appeal on behalf of Wheeler Square Associates, Inc. and Gerard Philippon, d/b/ a L' Opera, from the determination by Bill Drueding, Zoning Enforcement Officer, that Space 30l of the Wheeler Square Building cannot be remodeled and occupied for the use intended by Mr. Philippon (Bakery/Cafe) as a result of the application of the definition of a restaurant as set forth in Section 3-101 of the Land Use Code. Wheeler Square Associates, Inc., as the owner of the space in question, and Mr. Philippon, as the current tenant, respect- fully disagree with Mr. Drueding's determination, as well as the "Code interpretation" rendered on November 6, 1991 which supports that determination. Wheeler Square Associates, Inc. and Mr. Philippon are not by this letter seeking to appeal the November 6 Code interpretation, but rather, to appeal from 'the application of the definition in question to the facts of this case. Certainly, any application of a regulation may, and often does, involve elements of Code interpretation. And, in this case, an interpretation of the intent of the service delivery requirement in the definition of a restaurant was relied upon to disqualify the off-street delivery access which does exist. Nevertheless, we believe that the issues for appeal are more a matter of the applicability of Code provisions, rather than interpretation of the text. It is for that reason that we have chosen to appeal pursuant to Article XII rather than Article XI. We are, in fact, appealing from the decision or determination by an administrative official rather than the interpretation of Code text by the Planning Director. ~ ~''-''-''.. ~,_.,,/ MYLER, STULLER & SCHWARTZ Diane Moore November 8, 1991 Page Two On the basis of the foregoing, we request that our appeal be scheduled for a hearing before the Board of Adjustment at the earliest possible time. It is my understanding that the Board meets "on demand" and usually on Thursdays. We are prepared to meet with the Board on November 14th if that can be arranged. Time is of the essence, and I would greatly appreciate whatever effort can be made to expedite this appeal. If you have any questions or need any additional information, please do not hesitate to contact me immediately. Very truly yours, MYLER, STULLER & SCHWARTZ By,4? David J yler Attorneys for Wheeler Square Associates, Inc. and Gerard Philippon, d/b/a L'Opera DJM: ca\~ cc: Edward M. Caswall, Esq. Bill Drueding Wheeler Square Associates, Inc. Gerard Philippon ".-' ,..., ,-...",' MYLER, STULLER & SCHWARTZ AlTORNEYS AT LAW DAVID J. MYLER SANDRA M. STULLER ALAN E. SCHWARTZ fihiBit "1C:- 106 S, I\DLL STREET, SUITE 202 ASPEN, COLORADO 81611 (303) 920-1018 FAX 920-4259 November 8, 1991 NOV - 8 ,:11 Diane Moore City Planning Director Aspen/Pitkin County Planning Office l30 South Galena Aspen, CO 81611 RE: Notice of Appeal - L'Opera Dear Diane: In accordance with the provisions of Article XII, section l2 _ lOI.C, of the City of Aspen Land Use Code, please accept this letter as a notice of appeal on behalf of Wheeler Square Associates, Inc. and Gerard Philippon, d/b/a L'Opera, from the determination by Bill Drueding, Zoning Enforcement Officer, that Space 301 of the Wheeler Square Building cannot be remodeled and occupied for the use intended by Mr. Philippon (Bakery/Cafe) as a result of the application of the definition of a restaurant as set forth in Section 3-101 of the Land Use Code. Wheeler Square Associates, Inc., as the owner of the space in question, and Mr. Philippon, as the current tenant, respect- fully disagree with Mr. Drueding's determination, as well as the "Code interpretation" rendered on November 6, 1991 which supports that determination. Wheeler Square Associates, Inc. and Mr. Philippon are not by this letter seeking to appeal the November 6 Code interpretation, but rather, to appeal from "the application of the definition in question to the facts of this case. Certainly, any application of a regulation may, and often does , involve elements of Code interpretation. And, in this case, an interpretation of the intent of the service delivery requirement in the definition of a restaurant was relied upon to disqualify the off-street delivery access which does exist. Nevertheless, we believe that the issues for appeal are more a matter of the applicability of Code provisions, rather than interpretation of the text. It is for that reason that we have chosen to appeal pursuant to Article XII rather than Article XI. We are, in fact, appealing from the decision or determination by an administrative official rather than the interpretation of Code text by the Planning Director. 1""'\ -. MYLER, STULLER & SCHWARTZ Diane Moore November 8, 1991 Page Two On the basis of the foregoing, we request that our appeal be scheduled for a hearing before the Board of Adjustment at the earliest possible time. It is my understanding that the Board meets "on demand" and usually on Thursdays. We are prepared to meet with the Board on November l4th if that can be arranged. Time is of the essence, and I would greatly appreciate whatever effort can be made to expedite this appeal. If you have any questions or need any additional information, please do not hesitate to contact me immediately. Very truly yours, MYLER, STULLER & SCHWARTZ ~ By: ./ David J yler Attorneys for Wheeler Square Associates, Inc. and Gerard Philippon, d/b/a L'Opera DJM:caw cc: Edward M. Caswall, Esq. Bill Drueding Wheeler Square Associates, Inc. Gerard Philippon /,'", /'......... Aspen/Pit 130 Asp (303) 9 , / oing Office treet 1611 920-5197 TO: Board of Adjustment Directo~ FROM: Diane Moore, city Planning RE: L'Opera Appeal DATE: November 20, 1991 ----------------------------------------------------------------- ----------------------------------------------------------------- In accordance with section 24-12-101 of the Municipal Code, I have ~ttached for your review information and records concerning the L'Opera appeal. Mr. Philippon is seeking an appeal from an administrative decision denying Mr. Philippon permission to utilize Space 301 of the Wheeler Square Building for the operation of a restaurant. The attached information is in chronological order with the most recent correspondence placed first in your packet. I have identified the material by referring to it as exhibits and the following is included: Exhibit I - Letter from Dave Mylar (representing L'Opera) to Diane Moore and Bill Drueding, dated November 20, 1991. Exhibit II - Letter from Dave Mylar to Diane Moore, dated November 8, 1991, Notice of Appeal for L'Opera. Exhibit III - Letter from Diane Moore to Dave Mylar, dated November 6, 1991, Code Interpretation. Exhibit IV - Letter from Dave Mylar to Diane Moore, dated October 23, 1991, Delivery Access Requirements for Restaurants. Exhibit V - section 24-3-101 of Municipal Code, Definition of Restaurant. Exhibit VI - section 24-5-209 of Municipal Code, Permitted Uses within the Commercial Core zone district. Exhibit VII - Aspen/Pitkin Regional Building Department Building Permit Application for Wheeler Square Associates. Exhibit VIII - City of Aspen Plumbing Permit Application for @ r<<rcled paper ~ ~ Fleisher & Co. I will be available to the Board at the hearing should you have any questions concerning the matters set forth above. 30 ->,"" ~ ~, ,~ <""', CITY , ney , ~ MEMORANDUM DATE: November 19, 1991 TO: Board of Adjustment FROM: Jed Caswall, City AttorneY'oL RE: L'Opera Appeal Gerard Philippon, as lessee of the premises at Space 301, Wheeler Square Building, 315 East Hyman Avenue, Aspen, Colorado, has submitted a written request to the Planning Director pursuant to section 24-12-101 of the Municipal Code seeking an appeal from an administrative decision denying Mr. Philippon permission to utilize the subject premises for the operation of a restaurant. In that a question has arisen regarding the jurisdiction of the Board of Adjustment to hear Mr. Philippon's appeal, I am forward- ing you this opinion addressing the issue. section 24-4-301 of the Municipal Code sets forth and defines the parameters of the Board of Adjustment's general jurisdiction, That provision states as follows: In addition to any authority granted the Board of Adjustment by state law and the Municipal Code of the city of Aspen, Colorado, the Board of Adjustment shall have the following powers and duties: A. To hear, review and approve variances to the terms of these regulations under Article 10; B. To hear and decide appeals from, and review any order, requirement, decision, or determination made by any administrative official charged with the enforcement of this Chapter under Article 12, except for appeals of interpretation of the text of this Chapter or the boundaries of the zone district map which shall be heard and decided by the city council. Article 12 "Appeals From Administrative Action", provides at section 24-12-101 as follows: @ recycled paper ^ I"'" '~.. ,./ Memorandum to Board of Adjustment November 19, 1991 Page 2 Sec. 12-101. Appeals from the (sic) administrative action. A. Authority. The Board of Adjustment shall have the authority to hear and decide appeals from any decision or determination by any administrative official pursu- ant to the standards and procedures hereinafter set forth, except for interpretation to the text of this Chapter or the boundaries of the zone district map, which shall be decided pursuant to the terms of Article 11. B. Initiation. An appeal may be initiated by any person who received a decision or determination by any admin- istrative official with respect to this 'Chapter, except an interpretation to the text of this Chapter or the boundaries of the zone district map. * * * * * * E. Action of the Board of Adjustment. The Board of Ad- justment shall consider the appeal within thirty (30) days following receipt of all records concerning the subject matter of the appeal. The Board of Adjustment may reverse, affirm, or modify the decision or deter- mination appealed from and, if the decision is modi- fied, shall be deemed to have all the powers of the officer from whom the appeal is taken, including the power to impose reasonable conditions to be complied with by the appellant. The decision shall be in writ- ing and shall be sent to the appellee (sic) by certi- fied mail. [Note: "appellee" should be "appellant".] Any notice of appeal must be filed with the Planning Director within ten (10) working days of the date of the decision being appealed. (See, Section 24-12-101(C).) As identified in the notice of appeal, Mr. Philippon wishes to appeal a zoning enforcement determination that Space 301 of the Wheeler Square Building may not be remodeled and utilized as a "restaurant" under the terms of the Municipal Code. The core issue before the Board of Adjustment is the application of the definition of the term "restaurant" as set forth in the Municipal Code to the facts pertinent to Mr. Philippon's request to use Space 301 as a restaurant. I"""" ".''', ......, THE BOARD OF ADJUSTMENT FOR THE CITY OF ASPEN, COLORADO Case No. 91-8 APPELLANT: Gerard Philippon, d/b/a L'Opera PROJECT ADDRESS: Space 301 Wheeler Square Building 315 East Hyman Avenue Aspen, Colorado 81611 DECISION ON APPEAL THIS MATTER is before the Board of Adjustment upon the appeal of Gerard Philippon, d/b/a L'Opera, Space 301, Wheeler Square Building, 315 East Hyman Avenue, Aspen, Colorado. Appel- lant seeks to challenge pursuant to Article 12 of Chapter 24 of the Municipal Code an administrative determination entered by the city's Zoning Enforcement Officer re~evant to the application of the City Code. The issue before the Board as framed by both the appellant and the City is whether the Zoning Enforcement Officer has correctly applied the definition of the term "restaurant" as defined a Section 24-3-101 of the Municipal Code to the facts and circumstances relevant to this case. Both the appellant and representatives of the City Planning and Zoning Departments appeared before the Board upon notice on November 22, 1991. All parties presented documentary evidence and oral testimony on behalf of their respective positions. The Board having listened to the parties' arguments and reviewed the documents and relevant provisions of the Municipal Code applica- ble to this matter, finds and determines as follows: 1. The Board of Adjustment is properly vested with juris- diction to hear the appeal pursuant to Section 24-12-101(A) of the Municipal Code. 2. The administrative determination by the Zoning Enforce- ment Officer that the operation and use of Space 301 of the Wheeler Square Building by its former tenant, Baskin-Robbins Ice Cream, did not fall within the operational definition of "restau- rant" as set forth in Section 24-3-101 of the Municipal Code, constituted an error in the application of the term "restaurant" and is hereby reversed. 3. The contemplated and applied for use of Space 301 of the Wheeler Square Building as a restaurant by the applicant constitutes a continuation of a pre-existing non-conforming use of Space 301 as a restaurant. ~ ,,,.-',,", ,... .' A copy of this decision shall be sent by certified mail to the appellant. Done this 22nd day of cc: Planning Director jc1125.1 ~6: -Ii ~J?fW 10/;3/1; BO 2 ,.....,E'',(hr6i+ T- ........., ~ -../ DAVID J. MYLER SANDRA M. STULLER ALAN E. SCHWARTZ MYLER, STULLER & SCHWARTZ ATTORNEYS AT LAW HOV20 106 S. MILL STREET. SUITE 202 ASPEN, COLORADO 81611 (303) 920-1018 FAX 920-4259 November 20, 1991 Bill Drueding and Diane Moore Aspen/pitkin County Planning Department 130 South Galena Aspen, CO 81611 Dear Bill and Diane: RE: L'Opera Probably the most significant issue affecting your deter- mination that L'Opera must comply with the off-street access requirements is whether or not its predecessor, Baskin-Robbins, was a restaurant. If it was, then the propOsed Use of the space by Mr. Phillipon would not be subject to the 1988 access require- ments, since Baskin-Robbins commenced its operations in 1986. I ask you to consider the following as new evidence in that inquiry: 1. On each business license application and renewal for Baskin-Robbins from 1986 through 1991 (copies of 1986 and 1991 attached), the City designated the nature of the business as either eating place or restaurant. 2. A Food Service Establishment License was issued to Baskin-Robbins in each year from 1986 to 1991 (copy of 1991 renewal attached). Food Service Licenses are only required of businesses that prepare and serve food. 3. When the space in question was remodelled to accom- modate Baskin-Robbins in 1986, a public bathroom was required to be installed solely because Baskin-Robbins was considered by the Building Department to be a restaurant with seating. I am advised by the Building Department that public bathrooms are not required of any retail establishments with the exception of restaurants. Thus, according to the standards and definitions by which the City regulates business, building and OCcupancy, and environmental health, Baskin-Robbins was considered to be a restaurant and was required to adhere to the operational, health, access and safety requirements of a restaurant. I fail to see how the City can now claim that the business was not a restaurant from a zoning standpoint. ___ 4. I have also reviewed the plans and the building permit issued for the Swiss Bakery located on the Mill Street Mall. This business is considered to be a restaurant by Environmental Health, the Water Department and the BUilding Department. It has c :) MYLER, STULLER & SCHWARTZ Bill Drueding and Diane Moore November 20, 1991 Page Two no direct access to an alley. Deliveries can and probably will be made from the alley to the south of the Ute Mountaineer across the mall. Ironically, the space .,as previously occupied by an ice cream parlor. The Swiss Bakery was not considered to be a restaurant by Bill, since most of the items to be served would be baked (prepared) elsewhere. We believe that this distinction between preparation and serving is insignificant in the circumstances, particularly with respect to deliveries. The fact that many items to be served are baked off premises does not mean that no food preparation will take place on premises. Sandwiches will be made, food items will be assembled, coffee will be brewed, salads and soups will be made, and many items will be warmed or melted for service. More importantly, since all baking will take place at another location, and given the necessity that baked goods be fresh, it would seem obvious that the Swiss Bakery will require at least daily deliveries of baked goods, perhaps even several times a day. Also, those deliveries will be made by using a vehicle which would not normally be in the area making deliveries, thereby adding to congestion. We believe that the better position is that the Swiss Bakery is a restaurant and it is either grand fathered on the basis of prior use of the space or complies with the off-street requirements since the delivery truck can park in the alley to the north. The fallacy of the distinction between a business which only prepares food and one that only serves it is further illustrated by the fact that Mr. Phillipon could avoid the delivery access requirement simply by physically dividing his space into a bakery and a retail outlet, with separate entrances and leases. Separately, neither space would be a restaurant according to Bill's approach and, thus, would not require alley access. My reason for providing you with this information now is in the hope that you might reconsider your position, approve the remodel plans, and thus avoid the necessity for an appeal. Please call if you have any questions. Very truly yours, MYLER, z By: DJM:caw Enclosures cc: Edward M. Caswall, Esq. fill fiNANCE DEPARTMENT I JO SOUTH GALENA ST. . ASPEN, COlORADO 81611 AP L L UI" BUSINESS/SALES TAX '""":ENSE "" "'....,.' Please nov;ew this fo,m for accuro<y and completeness: cOlrect any orron 01 omis~ons and lor note any changes which have occurred. PLEASE TYPE OR PRINT CLEARLY 1. NAME Of BUSINESS: 2 CORPORATE NAME: 3. MAlUNG ADDRESS: BASKINS ROBBINS ICE CREAM IN ASPEN 315 E HyMAN, STE 301 ASPEN,CO 81&11 .4. LOCATION ADDRESS: 315 E HyMAN ASPEN, CO 81&11 11301 l: 5. pHONE NUMBER: 925-8234 6. DATE BUSINESS BEGAN IN ASPEN: 4/01/61 7. ENTER BUSINESS TERMINATION DATE (If KNOWN): 8. NATURE Of BUSINESS: 5812 RESTAURANTS 9. TYPE Of BUSINESS: ~ RETAIL o SERVICE o WHOLESALE o OTHER 10. TYPE Of OWNERSHIP: ~ INDIVIDUAL 0 PARTNERSHIP o ASSOCIATION OR CLUB o CORPORATION o OTHER 11. OWNERS, PARTNERS, AND/OR OffiCERS Of BUSINESS: A- S. C SOC~L SECURITY NUMBER: 12 LOCAl PERSOpt")TO ~T~T IN EJ!.EiC-~hlCY: NAME: '" - . . PHONE:L _ -:,. ADDRESS~ . / . 13. CURRENT CITY DENTlflCATION NUMBER: 2228 1.4. CURRENT STATE SAlES TAX LICENSE NUMBER: 4580 & 9000 15. fREQUENCY Of fiLING SALES / USE RETURNS: [J HDNTHLY 0 QUARTERLY 0 SEASONAl o ANNUAL 16. ENTER NO OF BUSINESS OUTLETS OPERATING UNDER THIS APPLICATION: . NOTE _ A SEPARATE OCCUPATION TAX MUST BE PAID fOR EACH BUSINESS LQCATIOH. _1 17. ENTER AVERAGE NO OF EMPLOYEES (:) - 9 cOMPUTATION Of OCCUPATION TAX DUE TO THE CITY OF ASPEN fOR THE CALENDAR YEAR .IAN. 1 THRU DEC 31: OCCUPATION TAX DUE ~ ~ r-"," ,<;", I~-<" 0.9 EMPLOyEES............... ....................................................~ 10-49 EMPLOYEES ................................................................ S 300.00 so OR MORE EMPLOYEES ........................................................ S 600.00 tJLt )lU2-t TITLE - <~-Z~~9c) DATE ......Q Q."r APf'(J;TION DUE DATE " CYh Ik.1 Q~ 1v1.1~ APPLICANT'S NATURE 1/01/91 EASE RETURN THIS APPLICATION ALONG WITH YOUR REMITTANCE, PAYABLE TO THE CITY Of ASPEH. .1Q.82 : .'.0.-___....... ~-' . ~ ,..-.-.. ~--:-...:..'::---:.,~"------" .-...-.....- .~~f,. WI!,g r:::_ ... , .~ ,..'V"'t.' '''_L. ''''",-l'''U'\i,:t"w..,,,, 130 SOllfH GALENA ST. ASPEN, COlORADO 816/' AliI5UCATION FOR RENEWAL OF BUSINESS/SAlES TAX..'.CENSE Plea'. review this form for accuracy and completen...; correct any erron or omissions and/or note any changes which have occurred. 1. NAME OF BUSINESS: 2. CORPORATE NAME: 3. MAILING ADDRESS: PLEASE TYPE OR PRINT CLEARLY bASKINS ROBBINS L - - · IC~ CREAM IN ASPEN - ... . ,. - - FlliirJit-z;J.,?\~ Q uJ -" tIC. ASPEN, CO 81611 ~ ll.. ~ 4. LOCATION ADDRESS:", j~c t-\!lr'nA'" -Sun<- 30\ ........ "Ql E €:Sf:W..E.Ii-< A'!W~N, , CO .a 1 b 11'. S. PHONE NUMBER: 925-8234 6. DATE BUSINESS BEGAN IN ASPEN: ., 81"~ lo- 11/0'/ & "!:I r 7. ENTER BUSINESS TERMINATION DATE (IF KNOWN): " B. NATURE OF BUSINESS: 5812 EATING PLACE/CATERERS 9. TYPE OF BUSINESS: ~ RETAIL 0 SERVICE 0 WHOLESALE 0 OTHER ~ INDIVIDUAL 0 PARTNERSHIP 0 CORPORATION o ASSOCIATION OR CLUB 0 OTHER 10. TYPE OF OWNERSHIP: 11. OWNERS, PARTNERS, AND/OR OFFICERS OF BJ.lSINES~: A. B. C. 12. LOCAL PERSON TO CONTACT IN EMERGENCY: NAME: PHONE: HOME ADDRESS: 13. CURRENT CITY IDENTIFICATION NUMBER: 222b 14. CURRENT STATE SALES TAX LICENSE NUMBER: 45 e II 69000 1 S. FREQUENCY OF FILING SALES/USE RETURNS: [J MONTHLY 0 QUARTERLY 0 SEASONAL o ANNUAL 16. ENTER NO. OF BUSINESS OUTLETS OPERATING UNDER THIS APPLICATION: NOTE _ A SEPARATE OCCUPATION TAX MUST BE PAID FOR EACH BUSINESS LOCATION. COMPUTATION OF OCCUPATION TAX DUE TO THE CITY OF ASPEN FOR THE CALENDAR I~/V YEAR JAN. 1 THRU DEC. 31: OCCUPATION TAX DUE ~ F 10 OR LESS EMPLOYEES. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. $ 100.00 ~~ A;J F 10 OR MORE. BUT LESS THAN SO EMPLOYEES. , . . . . . . . . . . . . . . . . . . . .. $200.00 (j/ S U F SO OR MORE EMPLOYEES. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. $400.00 1/01/87 17. ENTER AVERAGE NO. OF EMPLOYEES APPLICATION DUE DATE ~ /e~~ APPLICANT'S SIGNATURE ()-( ..&m.JlJJ TITLE .l:)fU.J I Bin DATE' ~ ASE RETURN THIS APPLICATION ALONG WITH YOUR REMITTANCE, PAYABLE TO THE CITY OF ASPEN. :D.82 ,....~.,., ~~ ~.... &ll;! ... c ... 00 ... ... N 00 ... r- ;: ~i ~;t1s- 0:1>' ...0Il! -' - ::) r ';1:fn-:rtt!. () ~ ~ 'i ~n.~ ..,.. m ~ Ii "B lii'&,g. :.. ~. "~" ~..-o' ~i'" . 0 ::)" lit ~"""'O.,I i :a ~ ~ ~f\-<C ,,-s'"'n: ~~..Q '\ ~ ~g;a: o-C . ~.--o ~ \ ::). C: ~ Q =- ''cti'~ 'e.,g3 i > __' 8~!li Z ~tt) Q. CIl C; '< ~)> !jl1.og C:tl~. ;;~~~ CG:I lio'''" >"'m~ 0 !:i-::r-Q.Q) en....zen:l> ~.a~~ -ooc-a ~ 1It0"-Q) m ...me ..~;ai Zcn:::oZZ ....CltlQQ)o ...01 ~,giai~co z-o =E "ll'l!. ... ncn:J:"':::j("""\ a-~3iii'0- o>m~:I:~ 3:::<><>.... . ,%:>< """ .." "'l: ... m~...:I>'" ;a,,\tS ooz,..% 0 ::~"!!. "'>':I: aai"- 0.. n m 3;:S co ~ .....~OO ms.~::'" ... m c:;: " r-o.ll.)'" It) >ZO ::g.3 r -i ::r... 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Mill Street Suite 202 Aspen, CO 81611 RE:Delivery Access Requirements for Restaurants Dear Dave: I have attached a copy of the code interpretation of Section 3- 101 of the Aspen Municipal Code regarding your client, L'Opera. I would like to refer you to Chapter 24, Section 11-101 (F) of the Code which states that "any person who has made a request for interpretation may appeal the interpretation of the planning director to the city council by filing a petition within thirty) (30) days of the planning director's decision". As we had discussed previously, if you appeal the decision to the city council by November 18, 1991 we could schedule the item for the November 25, 1991 Council meeting. If you have any questions, please give me a call. Sincerely, ~ 1Y\~ Diane Moore City Planning Director cc: Bill Drueding Jed Caswall @ fecycled paper ~. ASPEN/PITKIN COUNTY PLANNING AND ZONING OFFICE CODE XNTBRPRBTATION JURXSDXCTXON: City of Aspen APPLXCABLE CODE SECTION(S): Chapter 24" Section 3-101 of the Aspen Municipal Code, which refers to the definition section of the code. The particular definition that is the subject of the code interpretation is the definition for "restaurant". EFFECTJ:VB DATE: November 6, 1991. WRITTEN BY: Diane Moore, city Planning Director BACKGROUND: Gerard Philippon has entered into a lease of Space 301 of the Wheeler Square Building at 315 East HymJln Avenue. Mr. Philippon intends to operate a bakery/restaurant Dusiness with that space which will be called L'Opera. The business is considered to be a restaurant as defined in Section 3-101 of the Land Use Code. The definition of a restaurant is as follows: Restaurant means a commercial eating and drinking establishment where food is prepared and served,indoors, for consumption on or off premises. A restaurant shall only be permitted to prepare or serve food outdoors, in required open space, when approved by the commission pursuant to Section 3- 101, Open Space. A restaurant shall be required to have service delivery access from an alley or other off-street service delivery area. If the restaurant is located off ground level, it shall have use of an elevator or dumbwaiter for service access. A grocery store or similar establishment which prepares and serves food but which principally sells packaged or nonperishable food and drink shall not be considered a restaurant. The city's Zoning Enforcement Officer, Bill Drueding, has not signed off on the building permit to remodel the space in question because there is no service delivery access from an alley or other off-street service delivery area as stated in the definition of a restuarant. ._.~.~".~._,.,'------ .,- -. Space 301 of the Wheeler Square Building (formerly BaSkin-Robbins) does not have the required service delivery access from an alley or other off-street service delivery area. Space 301 could be accessed from the alley which is located immediately to the south of the Wheeler Square Building but currently this alley is not opened to allow delivery trucks to exit onto Monarch Street. If service deliveries were to utilize this alley, deliveries would have to go through the hallway separating several offices and then through the courtyard and up the stairs for the delivery. Hence, if this alley were opened to delivery trucks, this access would not meet the intent of the language contained within the restaurant definition as service deliveries would not have the required access to the restaurant. The definition of a restaurant was amended in April of 1988 to specifically include the sentence which states that " a restaurant shall be required to have service delivery access from an alley or other off-street service delivery areas. If the restaurant is located off ground level, it shall have use of an elevator or dumbwaiter for service access". The reason for the amendment of the definition was that service delivery trucks were impeding the movement of traffic and parking on city streets and potentially creating unsafe conditions. This has been the topic and concern of previous discussions by the Planning and Zoning Commission, CCLC and Council. INTERPRBTATION: The Planning Director's interpretation and application of Section 3-101 of the Aspen Municipal Code to the case at hand is that Space 301 of the Wheeler Square Building cannot be used as a restaurant because there is no service delivery access from an alley or other off-street service delivery area. Since the restaurant definition has been revised, owners of proposed restaurants have been required to have access to an alley for delivery of gOods/services. Additionally, restaurants that are located off ground level have been required to install elevators or a dumbwaiter for service access. This code interpretation and application is consistent with the past zoning enforcement activities. code.int.wheeler. , fx hi bt .JY-- MYLER, STULLER & SCHWARTZ ATTORNEYS AT LAW DAVID J. MYLER SANDRA M. STULLER ALAN E, SCHWARTZ 106 S. MILL STREET. SUITE 202 ASPEN, COLORADO 81611 (303) 920-1018 FAX 920-4259 October 23, 1991 Aspen/Pitkin County Planning Director c/o Diane Moore Ci ty of Aspen 130 South Galena Aspen, CO 81611 OCT 23 RE: Delivery Access Requirements for Restaurants Dear Diane: Gerard Philippon has entered into a lease of Space 301 of the Wheeler Square Building at 315 East Hyman Avenue. Mr. Philippon intends to operate a bakery business within that space which will be called L'Opera. The business is considered to be a restaurant as defined in Section 3-101 at page 1590 of the Land Use Code. As such, the following provision applies: A restaurant shall be required to have service delivery access from an alley or other off-street service delivery area. Mr. Drueding has taken the position that Space 301 cannot be used as a restaurant because there is no service delivery access from an alley or other off-street service delivery area. As a result, Mr. Philippon's application for a building permit to remodel the space is stalled. We disagree with Mr. Drueding's conclusion and, in addition, believe that there is precedent for allowing the use even if direct alley access is in question. Because the resolution of this issue may involve the interpretation of the definition of a~ restaurant, it was suggested by Mr. Drueding that I submit this letter on behalf of Mr. Philippon and Wheeler Square Associates, , Inc., the owner of the building, for your review under Article 11 of the Land Use Code. A. Space 30l Has Delivery Service Access From an Alley or Other Off-Street Service Delivery Area. As shown in the plans and maps submitted herewith, Space 301 can be accessed from the dedicated alley immediately to the south of the Wheeler Square Building. Delivery vehicles can and do park in the alley to the south of the Ute Mountaineer and, ,........'"" "....~ MYLER, STULLER & SCHWARTZ Aspen/Pitkin County Planning Director October 23, 1991 Page Two from that location, can make deliveries by crossing the mall to the open hallway leading through the Wheeler Square Building to Space 301. The mall, the alley adjacent to Ute Mountaineer, and the alley behind the Wheeler Square Building are all "off-street" and thus there does exist an off-street delivery area which can be used to provide delivery service to Space 301. In fact, the "delivery area" adjacent to the Ute Mountaineer is now utilized on a regular basis for delivery to other merchants in the vicini- ty. B. Space 30l Has Been Used as a Restaurant Since 1986. Prior to being leased to Mr. Philippon, the space was occupied by Baskin-Robbins. Baskin-Robbins was "a commercial eating and drinking establishment where food was prepared and served indoors, for consumption on and off premises". Thus, Baskin-Robbins was a restaurant as that term is defined in Section 3-l01. Admittedly, the extent of food "preparation" was not as extensive as other restaurants. However, the finished product did require on-site preparation and did not consist of pre-packaged or non-perishable food items which are the charac- teristics of a food store exempt from the definition of a restaurant. It is our understanding that where a space has been utilized as a restaurant since before the adoption of the alley access requirement, that that requirement has not been enforced. In effect, the space is grandfathered. We believe that Space 30l is entitled to similar treatment, particularly where the delivery impacts will be minimal, as described below. C. Even if the Direct Alley Access is Not Utilized, the Incremental Impact of Service Deliveries to Space 301 Will Be Minimal. Virtually all products requiring delivery at L'Opera will be provided by Shamrock Foods and Nobel/Sysco. These vendors already make numerous and extensive deliveries to several food-oriented businesses in the vicinity of and within the Wheeler Square Building. Mr. Philippon estimates that he will require no more than one delivery per week from each supplier. Deliveries to L'Opera from the parking location customarily used by these suppliers will result in no more than 10-lS minutes per week of additional delivery time. Most importantly, deliveries will be made from a vehicle which will be parked in the vicinity in any event to serve existing businesses. 0- MYLER, STULLER & SCHWARTZ Aspen/Pitkin County Planning Director October 23, 1991 Page Three Both Mr. Philippon and the landlord understand the need to minimize the use of streets for deliveries, particularly at those times of the day when such use interferes with parking and traffic movement. They will agree, as a condition of building permit and certificate of occupancy approval, to utilize their best efforts to require of purveyors that deliveries be made in the mornings, before 6 a.m., and that, where vehicles are able to utilize the alley to the south of the Ute Mountaineer, that that serve as the staging location for deliveries to L'Opera. In conclusion, I believe that the facts and circumstances of this case warrant an interpretation of the service access re- quirements which will allow the continued use of Space 301 as a restaurant. . If, you disagree, Mr. Philippon and Wheeler Square Associates expressly reserve the right to seek a review of the decision by the Zoning Enforcement Officer in applying the definition of a restaurant and the service access requirements set forth therein by the Board of Adjustment pursuant to Article l2 of the Land Use Code. If you have any questions or need additional information, please do not hesitate to contact me. 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'1 I ' J._J _..~ ,cO," "'.'f,..l ..) "...." ~. I t ;; t ! (" '-O~ ~'. e...o " ...~_I_/_n 1_~'-O 7.\ i ~: - t!'l.~,. I~e.' 10'-"'" ..- '~'I ....' @ d ~.. -tf"'" ;' d- o. r& @ @ @ ~. .. 26'-(," ~.JJ' ~ WIllW_~t~ U.1.1JLLLU t UJ.I J JJ.'t1J ~-' I ,--.....------.:1 . ...~,.. I <: I I ..... I (I) -.......La J-;---~...i JI[]J ~ z ~ IIIIJ i!"- : 1----7ooE--l ~ ' I I I (I) I l~ PAEPCKE I iTTfT-J~ P PARK r _pL~ I (0, T, H\ _ I Jr. ,L_________;...+___, J]] R- I . f'O h j I - ---~-- ----~ JIr.r.1 ~ I ~ ~ I R - ,-~~ R ~. I . u I ~O I ",'" Iii .J___-.! I Z I 0-' ..., '~ ~ 3 ---;1" ----. ""'_~ (5 :>-~ ~- ---s- -- ",..--'- 0.. o..a....-..._ ~ IH 1 If] C\ '" ----..I -- a .... ~ .......... .........r--. ..... ~ 6 7 I 2 3 4 4' 8 911C II ,.DEAN - S1.~.. I 2 3 4 ~ ~ 7 8 9 1111 <~;!2t291918 111615 14 1:,1':- JUAN Sr. I 2 3 4 ~ 6 718 9 loill 12 : .L Ir-:i~ ' . _.'--" . ~,~ --.- r ~ ".~ :IE '" u a: <( . !'too, Z t-:l3l o ~ . Z . C7 1.--- ---- 0 -- ----- :E ---- H I , Z I 1:1 P I H H I I I -.... I I VP-O~_1 ..-- I 200E I 300 E' 400E I J& IH~ ~ ~-- I ;.;' H 'l I 1<; I-f . . ' . -{ Q ~ ~ .--.... l~1 -j 1(, "'-: ---- [ ( tit r.'\ H . ! i . -------1 I I it ~ JI@IIIJJ , ~:r,'\l~~ (, · [ ~ PARK ~___ ~____, r____~_---J~-!) ~~ 1 L/" 'F ,* (PU[ ) 12 ....... I 4 ......... '""""~~.!. ..... 1234~678 hl ------ Olr. 1- I 2 3 I H 4 5 6 7 8 I I ---~-. I 10 II 4 r- l ~Il DCDT C'T f: xhib it -3- /"'''.'' ~ 3.101 ASPEN CODE ~ exercise room, playground and playfield activity center or club house. A recreation club may include kitchen facilities, bathing and toilet facilities, locker facilities and halls for assembly_ Remodeling means any act which changes one or more of the exterior architectural features of a structure, designated as a H, Historic Overlay District. Residential use means used or intended for use exclusively for dwelling purposes, but not including hotel or lodge rooms. Resident occupied unit means any dwelling unit which is limited, by deed restriction or other guarantee running with the land, to occupancy (but not to price or income limitations) by qualified employees in Pitkin County, meeting the guidelines or approval of the city Coun. cil's housing designee. When considering granting approval to an individual not meeting the guidelines as a qualified employee, the housing designee shall take into account the length of residence of the individual in the community and the place where he or she votes and pays personal income taxes. Restaurant means a commercial eating and drinking establishment where food is pre- pared and served indoors, for consumption on or off premises. A restsurant shall only be permitted to prepare or serve food outdoors, in required open space, when approved by the commission pursuant to Section 3-101, Open Space. A restaurant shall be required to have service delivery access from an alley or other off-street service delivery area. If the restaurant is located off ground level, it shall have use of an elevator or dumbwaiter for service access. A grocery store or similar establishment which prepares and serves food but which principally sells packaged or nonperishable food and drink shall not be considered a restaurant. Reversed corner lot means a corner lot which is bounded on three (3) sides by streets. Right-of-way means the land on which facilities such as roads, railroads, canals, utilities, and other similar uses exist or may be constructed. Roominghouse means the same as boardinghouse. Satellite dish antenna or satellite radw frequency signal receptwn and/or transmisswn device means a dish-shaped or parabolic-shaped reception or transmission device, whose antenna is more than two (2) feet in height and/or "dish" component is more than two (2) feet in diameter, which is used for the reception and/or transmission of satellite signals, including but not limited to television signals, AM radio signals, FM radio signals, telemetry signals, data communications signals or any other reception or transmission signals using free air space as a medium, whether for commercial or private use; provided: A. Area and bulk requirements. The installation of a satellite dish antenna shall not cause a violation of area and bulk requirements within the zone district in which it is located, unless a variance is granted by the board of adjustment. B. Right-of-way. A satellite dish antenna shall not be placed on an easement or in the city right-of-way, unless an encroachment permit is secured. C. Increased danger. The installation of a satellite dish antenna shall not cause any increased danger to neighboring property in the event of collapse or other failure of the antenna structure. Supp. No_ 1 ... 1590 '"' J;'/hiht TL- ./ fi 5.209 ASPEN CODE 8. Public building for administration; r 9. Restaurant, cabaret and night club, tea room; 10. Retail commercial establishment limited to the following' and similar uses: Antique store, appliance store, art supply store, art gallery, bakery, bookstore, camera shop, candy, tobacco or cigarette store, clothes store, computer sales store, florist shop, food market, furniture store, gift shop, hardware store, hobby shop, jewelry shop, job printing shop, key shop, liquor store, music store, office supply store, pet shop, paint and wallpaper store, photography shop, record store, shoe store, sporting goods store, stationery store, variety store, video sales and rental store; '11. Service commercial establishments limited to the following and similar uses: Cater. ing service, financial institution, personal service including barber and beauty shop, custom sewing, dry cleaning pickup station, laundromat, ski repair and rental, shop-craft industry, tailoring and shoe repair shop, parking lot or parking garage, studio for instruction in the arts, radio or television broadcasting facility; 12. Rental, repair and wholesaling facilities in conjunction with any of the uses provided in Section 5.209.B.1-11, provided all such activity is clearly incidental and accessory to the permitted use and conducted within a building; 13. Storage of materials accessory to any of the uses provided in Section 5-209.B.1. through 12., provided all such storage is located within a structure; 14. Residential dwelling units which are located above street level commercial uses in historic landmarks, provided that the residential dwelling unit is restricted to six. month minimum leases; r 15. Accessory residential dwellings restricted to affordable housing guidelines; 16. Detached residential dwellings designated as historic landmarks; 17. Newspaper publishing office; 18. Home occupations; and 19. Accessory buildings and uses. C. Conditional uses. the following uses are permitted as conditional uses in the Commer. cial Core (CCl zone district, subject to the standards and procedures established in Article 7, Division 3. 1. Recreational and entertainment establishments limited to the following and similar uses: Business, fraternal or social club or hall; ice or roller skating rink; 2. Gasoline service station; 3. Hotel; 4. Newspaper and magazine printing; 5.' Day care center; Supp. No. 1 1638 130 S. Galena Aspen, CO 81611 303/920-5440 .f t hi (:;/{- V IT--- , ." BUILDING PERMIT APPLlC~N AB~PITKIN REGIONAL BUILDING ~PA'3"MENT PITKIN COUNTY 0 CITY OF ASPEN if No. General 1 Construction Permit "'1' .' Applicant to complete numbered spaces only. C--- PE). ClASS Of WORK: , 7. 0 NEW 0 ADDITION ALTERATION o REPAIR 0 MOVE 0 WRECK 3% USE TAX DEP. I ,n~ 9r BUILDING 8~ +-.- <? "L.C VALUATION OFWORK !iI. -;- (}O<t) 10. Remarks f78f'"'1V' """"""""''''''''''' ~ .", "'" .", \ R- ~ ~T~P.I:ElMITS ARE RE~OR.EIJ;.CTRICAL, PLUMBING, HEATING,VEiffiOiTING OR AIR CONDITIO~~ - THIS PERMIT BECOMES NULLANDVOID IFWORKOR CONSTRUCTION AUTHORIZED IS NOT COMMENCED WITHIN 120/180 DAYS, OR IF CON- STRUCTION OR WORK IS SUSPENDED OR ABANDONED FOR A PERIOD OF 120/180 DAYSAT ANYTIME AFTER WORK IS COMMENCED. I HEREBY CERTIFY THAT I HAVE READ AND EXAMINED THIS APPLICATION AND KNOW THE SAME TO BE TRUE AND CORRECT. AlL PROVISIONS OF LAWS AND ORDINANCES GOVERN TYPE OF WORK WILL BE COMPLIED WITH WHET SPECIFIED EREIN 0 OT. THE GRANTING OF A PERMIT DOES NOT PA S E 0 GIVE A HORITY VIOLATE OR CANCEL THE PROVISIONS OF A 0 HE STAT~ Al REGULATING CONSTRUCTION OR THE PER- F C OFC L U I ocf- '" '" """, Permit Validation 3% Use Tax Deposit Validation ":OFONNERl"Cl'MERBUlDEf'tj "\.,.1.\\ "."'\~ \\v' \ . Plan Check V.lIdation /0/11/9/ tf b. :60 I-Sib ~ & $,L- / ---:::. (0 SEE ATTACHED SHEET) CENSUS CODE TOTAl FEE PLAN CHECK FEE PERMIT FEE ..~o C9---- TypeofConslruction Occupancy Group Lo! Area V-I lv, 6 -2. t><..L. =f's::'a:t'q No.otStories 000, Lood NO. OF BEDROOMS EXISTING ADDED Use Zone Cc Flre Sprinklers Required: DYes DNa No. of Owel~ng Units OFFSTREET PARKING SPACES: Covered Uncovered ZONING H.P.C. , PARK DEDICATION HEALTH DEPARTMENT FIREPLACE FIRE MARSHAL SPRINKLER WATER TAPv' ?1:3'1..6 V OTHER SELECTION OF METHOD FOR PAYMENT OF USE TAX o MONTHLY USE OF QUARTERLY RETURNS WILL BE SUBMITTED. o DEPOSIT METHOD: 3% OF 25% OF PERMIT VALUATION PAID NOW AT ISSUANCE. FINAL REPORT ON TOTAL ACTUAL MATERIALS COST MUST BE FILED WITHIN 90 DAYS AFTER COMPLETION OF WORK. GENERAL CONTRACTORS CHOOSING THIS METHOD MUST REPORT AND REMIT TAX FOR ALL SUBCONTRACTORS THAT DO NOT OBTAIN THEIR OWN PERMIT. o EXEMPT: STATE & PITKIN COUNTY RESALE NO. EXEMPT ORGANIZATION THIS FORM IS A PERMIT ONLY WHEN VALIDATED. WORK STARTED WITHOUT PERMIT WILL BE DOUBLE FEE WHrTE-fILE COPY GREEN---FINANCE DEPT. YELLOW-ASSESSOR GOlD-CUSTOMER PINK-SUlLD1NG DEPARTMENT 1- ~~:) PLUM BI Np~'N~~N~~ ~!o~~";}ICA TI~~ 4 . \,;.-: 100- d- '--" SXhi~'),t ~Xil'l- ~ i} C;:/I ""0""00ESS3 (S LOT NO. 2 o :l: z m :0 (OSEE ATTACHED SHEET) ZIP PHONE LICENSE NO. t)O() LICENSE NO. LICENSE NO. ENGINEER ""All ADDRESS PHONE LENDER MAIL ADDRESS " USE OF BUilDING Class of WOrk: o NEW o ADDITION o REPAIR , Describe work: J SPECIAL CONDmONS: - - M 1-1-1 c.E " '" o APPLICATION ACCEPTED BY: ~ /0 "1 g NS CHECKED Y: , _;E~;~'7JC~BY ( OTICE PER IT BECOMES NULL AND VOID IF WORK OR CONSTRUCTION AUTHORIZED IS NOT COMMENCED WITHIN 120 DAYS. OR IF CONSTRUC- lION OR WORK IS SUSPENDED OR ABANDONED FOR A PERIOD OF 120 DAYS AT ANY TIME AFTER WORK IS COMMENCED. I HEREBYCERTtFYTHATI HAVE READ AND EXAMINED THIS APPLICATION AND KNOW THESAMETOBETAUEANDCORRECT.ALL PROVISIONS OF LAWS AND ORDINANCES GOVERNING THJS TYPE OF WORK Will BE COMPLIED WITH WHETHER SPECIFIED HEREIN OR NOT. THE GRANTING OF A PERMIT DOES NOT PRESUME TO GIVE AUTHORITY TO VIOLATE OR CANCEL THE PROVISIONS OF ANY OTHER STATE OR LOCAl LAW REGULATING CONSTRUCTION OR THE PERFORMANCE OF CONSTRucnON. R OR AUTHORIZED AGENT IDA TE) BRANCH No. PERMIT FEES Type of Fixture or Item Water Closet (Toilet) Bathtub lavatory (Wash Basin) Shower Kitchen Sink & Disp. Dishwasher Laundry Tray Clothes Washer Water Heater M/BTU es. Urinal Drinking Fountain Floor Sink or Drain ~ Sink _ tv. Gas Systems: # Outlets Water Piping & Treating Equip. Waste Interceptor Vacuum Breakers F. Fan Coli Unl~sl WHEN PROPERLY VALIDATED (IN THIS SPACE) THIS IS YOUR PERMIT PLAN CHECK VALIDATION CK. M.D. CASH PERMIT VALIDATION CK. un C'SH 5" COPIES: WHITE-INSPECTOR YELLOW-APPLICANT PINK-FILE Rev. 7/8: '1 :3 c.o~p. ..in\<. wI d,:a;;"b:rCf " , 2 !l\uH-i~\li","'on eNen 'oo\n bvWO ""p~""" w/rro:fer :Dough ,5h~, tcl::l.e:\-Df' l'IIarb'R- -lap o-cd='r l"efrig<rro.t(), B'C=.d 'an1' p3S-tr~ miXeY- mould",y- - 1 i ii : : ,....-.-.r--r',.- .' I I _ ! c, 2 , I , r - t- ~ ; - , 1 .'! 10 L -f --- 1 -',-, I 'i - t' - r i T-i i r f r" t I 'n lu ~ -- -- -- ~- 3 4 5 6 3 , o 4 6 5 17 , "- ]i- . --*.;[~ ~- i' ru l I, . -- -+-H-:+- . -~r-r-T!-'i ! L ,- -J t -r -; 1 i- L_ ~_ ' , , tt'-i- ,.. -'-!- , , ,8 i __'tJr t I , " ; : I rn---I-.--- I i I: ! _I,L!~-.[T.CI1.r . 1'1 Ii .7 i_.J b~tltl~'L' J lLL;_: I I -- l L+-l L T r.::~-:---; ._m """-!"'""~.' , 't'''''''cr' ~ ~~\ : ?:~;!J.i;_~:...~-' :,: \:- I, --T , "r-! -, , . ; i IL - r-' I . , '16' , ,[ _ ~ .l ,-"_,_1 _C, ! c> -2)- , /f~-, -l f C- o ~') -L- ,~ -- I.r Cl -" -0 -0 _? i CJ 18 ~- " &y- -1 -- ,- . ~ _~ ..1. 1_ _~~_L !... !.: I , , r~T_~'~j~~- !-T , , l -q-' . i: E~)~- >f7~) 6" 7 I.~l\,,'i ,"'() ~'R1J' cG _....!.n..__..._ ' 8 "'I -:doO:;'- \.)~ eOOrt\U- 'fei'rigexa1-()< UncW- coonm- sa.ro\l.l\c}, YeN. cn~ lJl bp;eS:ll- !"na.&'iT\~ " breWea c:.d1ee. rnadi\f'te. {l~ 1Q'r- \Mm-c,f't." wi c.ol*-,-\~ 13~,~ 14 c.oiOO wJ '(miste-r PicJ<,IlPY-e\o.\\ area.. 15 l-\o\-d;~1 ~ 16 Crld dispa~ ~ 17 Exisl-irg ba-m"rooffi 18 C\J"'~ s~~ t5 tJ,,~1 >c"'(:; 9 _ 10 11 12 C:(<=:P'" mo.tl"i\f\<O Gr'I cooT'rkr- +dp P 427 360 124 RECEIPT FOR CERTIFIED MAIL NO INSURANCE COVERAGE PROVIDED NOT FOR INTERNATIONAL MAIL (See Reverse) ~ ~ m .. ~ N ~ ~ ~ Senllo / I'M 54 :t.C) 3. Article Addressed to: D/lVE- ;f1y!e~ . /0& S Yr7i/1 . 196~e/l 6b g/~// 5. Signature X 6. X 7. Addressee "'< ~ "" ~ \) 'A Street and No /0 ~ PO., Slale.Md ZIP Code ci /"1, ,; :) Postage . SENDER: Complete items 1 and 2 when additional services are desired. and complete items 3 and 4. Put your address in the "RETURN TO" Space on the reverse side. Failure to do this will prevent this card from being returned to you. The return rscalDt fee will Drovide vou the name of the D8rson delivered to and the date of deliverv. For additional tees the follOWing services are available. Consult postmaster for fees and check boxles) for additional service(s) requested. 1. D Show to whom delivered. date. and addressee's address. 2. 0 Restricted Delivery ~m~~ ~m~~ 4. Article Number Certitied Fee t "- ~ Special Delivery F;ee,;-_ Ie- Restricted Deli~ry_fle- ~ ) r-- - ,. ,,', '" .. 0> ~ ~ C ~ .., Return Receipt shOWing \0 whom and Date Delivered Return Receipt snowing to 'whom, Date _ and AddrE!ss 2! Delivery TOT AL Postage and Fees . ~ c g Postmark or I?at~ '" < , PS Form 3811, Apr. 1989 Type of Service: o Registered ISlc..,rtified o Express Mail o Insured Deoo lr7Return Receipt ..J"!W-1Or Merchandise Always obtain signature of addressee or agent and DATE DELIVERED. 8. Address~'s requestetl OJ