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Home My WebLink AboutLand Use Case.216 Monarch St.A052-01210 0. Monarefl bpecial Aeview Rustique .- -Ill:.'d-Il---I........I- 11Â©Ad MES> S r R f Â¢ ( 1 1 . 2737 =-- 079- 82 <339 PARCEL ID: ~2737-073-82005 DATEREVD: |5/8/01 #COPIES:F-- - - CASE NO|A052-01 CASE NAME:~Rustique Special Review PLNR: ~ PROJ ADDR:~216 S. Monarch CASE TYP:|Special Review STEPS1 OWN/APP: Rustique LLC. ADR~304 E. Hopkins C/S/Z: ~Aspen/CO/81611 PHN:|925-7439 REP:~ ADR: C/S/Z.1 PHN] FEES DUE:~500 D FEES RCVD~500 STAT: F- REFERRALS| REF:~ BY~ DUE:| MTG DATE REV BODY PH NOTICED DATE OF FINAL ACTION:| CITY COUNCIL: REMARKS| PZ: BOA: CLOSED:~ BY: ~ DRAC: PLAT SUBMITD: ~ PLAT (BK,PG):| ADMIN: v-*v,444~vvv~ IDJ. c. MEMORANDUM TO: Aspen Planning and Zoning Commission THRU: Julie Ann Woods, Community Development Director Joyce 0hlson, Deputy Director dx-70 FROM: Steve Clay, Planner ~j RE: 216 S. Monarch; Rustique Bistro Special Review, Public Hearing DATE: June 26, 2001 APPLICANT: Rustique LLC LOCATION: Lots A, B, C, Block 81, r"M/# ~1/:/...~z-~3/;&& i.l... 1 -I City and Town Site, Aspen, :I'll'll'll'll'll'lli:/f 4/22'29..i .i *.ililitlaw/AG, Colorado, Katie Reid Building, 301 East Hopkins Ave /424< PARCEL ID: 2737-073-82005 ..7,&1 mimm,@i~ ADDRESS: 216 S. Monarch ZONING: Commercial Core (CC) Zone District. CURRENT AREA OF PROPOSED SEATING LAND USE: Restaurant with outdoors seating. PROPOSED 4. I) 4.i' , +4~ ~ LAND USE: Restaurant with outdoor .-- ...: t....i-'' W./. seating. .:.3 4*,21 .4.I ** fv . 4 4:twil........ SUMMARY: ..~ The purpose of this Special Review is to 610~ 11 allow for the continued use of required open ~ * ~~ ~~~m*,~1~,~ I ~ space for outdoor restaurant seating <43 2,8- ~ associated with the Rustique Bistro. The m .3 1 .1. bm""r , I. restaurant was allowed outdoor seating of 16 seats and now requests to expand the seating to 32 seats. The area of use has changed from - : . - along Monarch Street and Katie Reid Courtyard to a location totally within the courtyard. The square footage has not changed. The Special Review approval on July 5, 1994 was to utilize four two-person tables in two different locations that would seat 16 people. The applicant would like to consolidate all the tables and chairs in the patio area behind the Katie Reid House, by Mesa Bank. This arrangement would allow all the tables to be grouped in one area allowing the restaurant to use a total of 8 tables that will seat 4 people each to accommodate a total of 32 people. With the new proposal no new seating will occur along the Monarch Street sidewalk. REVIEW PROCEDURE: A. General. An application for review of a special review shall be processed in accordance with the Common Development Review Procedures set forth at Chapter 26.304. of the Aspen Land Use Regulations. B. Steps Required: One - Public hearing before Planning and Zoning Commission C. Notice Requirements: None. The Planning and Zoning Commission shall by resolution approve, approve with conditions, or disapprove a development application for Special Review, after recommendation by the Community Development Department. REVIEW STANDARDS FOR SPECIAL REVIEW: No development subject to special review shall be permitted unless the Planning and Zoning Commission makes a determination that the proposed development complies with all standards and requirements set forth below: A. Dimensional requirements. Whenever the dimensional requirements of a proposed development are subject to special review, the development application shall only be approved if the following conditions are met. 1) The mass, height, density, configuration, amount of open space, landscaping and setbacks of the proposed development are designed in a manner which is compatible with or enhances the character of surrounding land uses and is consistent with the purposes of the underlying zone district. The applicant demonstrates that the proposed development will not have adverse impacts on surrounding uses or will mitigate those impacts including, but not limited to, the effects of shading, excess traffic, availability of parking in the neighborhood, or blocking of a designated view plane. Staff Finding: The proposal will not have adverse impacts on the surrounding uses and no mitigation will be required. The Monarch sidewalk area will now be open to pedestrians, yet the "vitality" of the outside dining will be visible. B. Replacement of non-conforming structures. Whenever a structure, or portion thereof, which does not conform to the dimensional requirements of the zone district in which the property is located is proposed to be replaced after demolition, the following criteria shall be met: The proposed development shall comply with the conditions of Section 26.430.040(A) above; and, there exist special characteristics unique to the property which differentiate the property from other properties located in the same zone district; and, no dimensional variations are increased and the replacement structure represents the minimum variance that will make possible the reasonable use of the property; and, literal enforcement of the dimensional provisions of the zone district would cause unnecessary hardship upon the owner by prohibiting reasonable use of the property. Staff Finding: The will be no replacement of non-conforming structures therefore this requirement is not applicable. C. Reduction of open space requirement in the Commercial Core (CC) zone district. Whenever a special review is conducted to determine whether a reduction of the open space requirement in the Commercial Core (CC) zone district is to be granted, it shall be reviewed in accordance with the standards set forth at Section 26.575.030(B). Staff Finding: There will be no reduction of open space from what was granted approval in 1994. D. Increase of Floor Area. Whenever a special review is conducted to determine an increase in the external Floor Area Ratio, as provided in specified zone districts, the development application is subject to the following criteria: 1) A minimum of sixty (60) percent of the additional floor area shall be affordable housing, with no more than forty (40) percent ofthe additional floor area intended for other uses. 2) The development complies with the dimensional requirements criteria of Section 26.430.040(A) above. 3) For Historic Landmark Structures the affordable housing portion of the additional floor area may be provided either off-site or via a cash-in-lieu payment, if the following criteria are met: a. In order to ensure the addition is compatible with the Historic Landmark in terms of design, scale, site plan, massing, or volume, on- site affordable housing mitigation is undesirable. b. Any off site affordable housing mitigation is provided at a level meeting or exceeding the provisions of Section 26.470.070(D)(5). c. The amount of non-affordable housing floor area does not exceed forty (40) percent of the additional Floor Area Ratio allowed by Special Review. Staff Finding: This requirement is not applicable E. Off-street parking requirements. Whenever a special review is conducted to determine a change in the off-street parking requirements, it shall be considered in accordance with the standards set forth at Chapter 26.515. Staff Finding: There will be no change in the off-street parking requirements. F. Utility/trash service area. Whenever a special review is conducted to determine a change in any utility/trash service area requirements, it shall be considered in accordance with the standards set forth at Section 26.575.060. Staff Finding: There will be no anticipated change in any utility/trash service area. G. Subdivision design standards. Whenever a special review is for development, which does not meet the subdivision design standards of Section 26.480.050, the development shall be approved only i f the conditions set forth at Section 26.480.050 have been met. Staff Finding: This standard is not applicable H. Accessory Dwelling Unit Design Standards. Whenever a special review is conducted to determine a change in the design standards required for Accessory Dwelling Units, it shall be considered in accordance with the standards set forth at Section 26.520.080(D). Stuff Finding: No Accessory Dwelling Units are proposed therefore this requirement is not applicable. STAFF COMMENTS: The Katie Reid parcel provides approximately 2,300 sq. of open space, meeting the minimum 25% open space requirement for the CC Zone District The current outside seating allowance calls for eight tables, but only provides for two seats at each table. Rustique indicates that requests for tables of two are not as common as request for tables of four; the need for tables of four seems appropriate. The Liquor Licensing Board requires fencing and gates. The existing gates will be re- used and are currently painted to match the rest of the building elements. Staff has spoken with the Liquor Licensing Board representative regarding the change in seating and was informed that Rustiqe Bistro's current liquor license would not be affected and a new license will not be required. The tables are to be thirty square inches, made of maple hardwood, waterproofed and sealed, stained to match the structure of the building, which is a rustic brick red. The chairs will be cast iron, with a rustic copper color and will be stored inside the restaurant at night. Standard outdoor propane heaters, commonly seen throughout Aspen, will be used to accommodate guests during cooler days. The outdoor furniture and appurtenant heating is aesthetically appropriate for the site. Staff has received a diagram from the Fire Marshal that indicates the appropriate and proposed seating arrangement regarding safe evacuation if necessary. The applicant will be using the proposed fire marshal seating arrangement per the submitted the plan. Staff concludes that the proposed new seating arrangement and increase in seats per tables complies with all standards and requirements set forth above. STAFF RECOMMENDATION: Staff recommends approval to amend the original Special Review approval in July 5, 1994 regarding the outdoor seating arrangement and allowance at 216 South Monarch as proposed, finding that the outdoor dining in this location will not inhibit pedestrian movement or emergency access and the use is compatible and consistent with the summer activities found in downtown Aspen. Staff recommends approval with the following conditions: 1) The use of open space is for outdoors dining seating up to eight 32 people. 2) This approval may run with the restaurant until such time that the patio use is expanded which shall require an amendment to this approval of the property owners terminate the use of this area for outdoor dining purposes. 3) The fencing, gates, and access ways shall be in accordance with any applicable Environmental Health, Building Department, Fire Department or Liquor Licensing requirements. 4) All representations made in the application or by the applicant at the Planning and Zoning Commission meeting shall be adhered to. 4 4.-112 ~*4*LQL 0<6 v Recommended Motion: " I move to approve Resolution No./~ Series of 2001, allowing the outdoor dining seating of 32 people in the Katie Reid courtyard required open space, finding that the review standards have been met." RESOLUTION NO. A.Â£~ (SERIES OF 2001) A RESOLUTION OF THE CITY OF ASPEN PLANNING AND ZONING COMMISSION RECOMMENDING APPROVAL FOR AN AMENDMENT TO A SPECIAL REVIEW FOR A REDUCTION IN OPEN SPACE FOR OUTSIDE SEATING FOR RUSTIQUE BISTRO LOCATED AT 216 SOUTH MONARCH STREET, CITY OF ASPEN, PITKIN COUNTY, COLORADO. Parcel ID: 2737-073-82005 WHEREAS, the Community Development Department received an application from Charles Dale and Rob Ittner, applicants, for a change from the reduction in open space requirements for placement of outdoor seating in the courtyard of the Katie Reed Complex, WHEREAS, in 1994 the Planning and Zoning Commission approved a use of the required open space for dining with eight two-person tables accommodating 16 people, and now the new proposal will be eight four-person tables accommodating 32 people in the same area, WHEREAS, pursuant to Sections 26.430.020, the Planning and Zoning Commission, in accordance with the procedures, standards, and limitations of this Chapter, shall by resolution approve, approve with conditions, or disapprove a development application for Special Review, after recommendation by the Community Development Department pursuant to Section 26.430.020; and, WHEREAS, the Community Development Department reviewed the Special Review application for a change in the reduction in open space requirements for this property in the Commercial Core Zone District pursuant to Section 26.575.030(B) and recommended approval; and, WHEREAS, during a duly noticed public hearing on June 26,2001, the Planning and Zoning Commission conducted a public hearing, considered the recommendation of the Community Development Diredtor and took public testimony for a change in the reduction in open space requirements in the Commercial Core Zone District; and, WHEREAS, the Aspen Planning and Zoning Commission finds that the development proposal meets or exceeds all applicable development standards and that the approval of the development proposal, with conditions, is consistent with the goals and elements of the Aspen Area Community Plan; and, WHEREAS, the Aspen Planning and Zoning Commission finds that this Resolution furthers and is necessary for the promotion ofpublic health, safety, and welfare. NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF ASPEN PLANNING AND ZONING COMMISSION as follows: Section 1 Pursuant to the procedures and standards set forth in Title 26 0 f the Aspen Municipal Code, the Special Review application for a change in use reduction in open space requirements to place outdoor seating serving the Rustique Bistro is approved with the following conditions: 1) The use of open space is for outdoors dining seating up to eight 32 people. 2) This approval may run with the restaurant until such time that the patio use is expanded which shall require an amendment to this approval of the property owners terminate the use of this area for outdoor dining purposes. 3) The fencing, gates, and access ways shall be in accordance with any applicable Environmental Health, Building Department, and Fire Department or Liquor Licensing requirements. 4) All representations made in the application or by the applicant at the Planning and Zoning Commission meeting shall be adhered to. Section 2: All material representations and commitments made by the applicant pursuant to the development proposal approvals as herein awarded, whether in public hearing or documentation presented before the Planning and Zoning Commission or City Council, are hereby incorporated in such plan development approvals and the same shall be complied with as if fully set forth herein, unless amended by an authorized entity. Section 3: This Resolution shall not effect any existing litigation and shall not operate as an abatement of any action or proceeding now pending under or by virtue of the ordinances repealed or amended as herein provided, and the same shall be conducted and concluded under such prior ordinances. Section 4: If any section, subsection, sentence, clause, phrase, or portion of this Resolution is for any reason held invalid or unconstitutional in a court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and shall not affect the validity of the remaining portions thereo f. Approved by the Commission at its regular meeting on June 26,2001. APPROVED AS TO FORM: PLANNING AND ZONING COMMISSION: City Attorney Robert Blaich, Chair ATTEST: Jackie Lothian, Deputy City Clerk 0421 < h t,to,J 62*1614 EY,5'riNG BEACHES L- Â«\Q 7-r 0 'll \11Â» , 1 01 1 L 0Â« - i k . E 1 I- m T 34 107 A 4. d - 4/5 1 4 1 ./ M .. --ag--- 1 - gâ‚¬ 0 &â‚¬*"n A â‚¬ 7 LAVO 11,- Fiee ttes~-Al--r MoN *z.cul. S-r. C 4. 2. o i 5.C+Ate - >* ,â€¢ i J r.0,1 U...7 f 14\ r-. m 1 -1Â» 21 0 d ;) Ji r 6- . - angoACHNed==57 4 -10*6ue Be I 0 0-rib obil (%1 57146 23Â·EÂ«In KXS 2 16 S. MoN -Rac.+ ST: -4. 8.21- SCÂ«,47 - ** PH ' CON R. 0 3-9 i Q oâ‚¬- RUSTIQUE BISTRO MAY 1 7 2001 AGFc,v, ..1 ./. Cn'.IMUT:TY C. 'ELOPMENT April 16, 2001 City of Aspen Planning and Zorling Re: Request for Amendment to outdoor seating disposition and allowance at 216 South Monarch To Whom It May Concern: The purpose of this letter is to ask for an amendment to the outdoor seating allocated to spaces A, B, and Q located at 216 South Monarch, the Katie Reid Building, currently occupied by Rustique Bistra Ralified in 1994, the current allowance provides for 8 tables, to be divided between the frontage on South Monarch Street, and in the patio behind the Victotian House. In the past, four tables of two were situated on Monarch Street, which necessitated the presence of a cast iron gate that infringed upon the sidewalk and public right of way, as well as four more tables of two isolated in the patio area, which is private land. We are requesting an amendment to the disposition of these tables for the following reasons: 1. We would like to consolidate all the tables and chairs in the patio area behind the Katie Reid House, currently occupied by Mesa Bank. This would give us eight tables grouped in one area, accessible from the bar area of Rustique. We feel that the benefits are as follows: * Benefits to the building and to the City of Aspen: + By creating a more vibrant outdoor life in what is otherwise a little traveled, uninhabited and often sterile area in the downtown core, we would be bringing a dynamic "cafd experience" to the edge of town during the Summer months. â€¢ Many locals and tourists park their cars on this side of town in the evening, and a bustling pado serving reasonably-pticed food and beverages is an attraclive welcome to them as they walk into the downtown core. * The fence oil the South Monarch side of the building is the only "Mall Lease" arrangement with the city that is not on one of the malls. It is our opinion that the sidewalk is not the best place for an outdoor cafi as the view is prirnarily of parked cars, and not actually of Bass Park. In addition, glare from headlights and automobile exhaust is often an annoyance to diners in this area. 0 Benefits to patrons and staff: * Research shows that people like to congregate in popular areas for their recreation. A bustling little "cafi scene" where everyone is grouped together will be more successful than one where people are separated from one another on two sides of the building. â€¢ In the current situation, all table service needs to come through the front door as guests 216 SOUTH MONARCH â€¢ ASPEN CO â€¢ 81611 PHONE: 970-920-2555 â€¢ FAX: 970-925-6034 -2- April 16, 2001 are entering or leaving This creates congestion and possible collision of wait staff with patrons, and is a traffic problem Given the popularity of Rusdque with local Aspenites, we would like to eliminate this potendal disaster by placing all the outdoor dining in an area to be serviced through a new door from the bar and kitchen, away from the entrance to the restaurant â€¢ The current situation takes twice as many employees to service, and is inefficient. This hampers the experience for both guests and staff members. By concentrating all the dining on the patio, we can effectively direct guests to one area, as well as create a more pleasant and cohesive work environment for our staff. 2. The current seating allowance calls for eight tables, but only provides for two seats at each table. We are asking that the seating allowance be increased to four seats per table, for the following reasons: * Rustique is a fanlily restaurant, and tables of tWO are a rarity for us. We are much more likely to need tables of four. * As mentioned above, people tend to gravitate toward busy areas. A dynamic patio with eight larger tables creates an atmosphere of conviviality, and will bring more people to the edge of the downtown core, thereby diversifying the community. * The corner of East Hopkins and South Monarch has historically been a "fringe block" of the downtown core, with little pedestrian traffic. Since the advent of Renaissance in 1990, we have worked hard against the detriments of our location to increase traffic by word of mouth. The presence of La Cocina, Cache Cache, Campo de Fiori, Jimmy's, and now Elevation are assisting in establishing our block as "Rest:aurant Row". We believe the expansion of paâ‚¬o dining on private land is an enhancement to the block and to dining options for the public during the suinmer months. * Precedent: Both Cache Cache and Campo di Fiori have considerably more than sixteen seats for their outdoor dining. They, too, are situated on private land, and in our opinion, this outdoor seating contributes significantly to the desirability of their businesses in the summer months. 3. Description of elements: â€¢ Gates are required by the liquor licensing authorities. We propose to re-use the existing gates, which have already been approved and which are painted to match the rest of the elements of the building. â€¢ Tables: to be thirty-inch squares, made of maple hardwood, waterproofed and sealed, stained a rustic brick red to match the structure of the building. â€¢ Chairs: Cast iron, stacking, rustic copper color. Will be stored inside the restaurant at night. * Heaters: Standard outdoor propane stan ding heaters, as are seen everywhere in Aspen. * Umbrellas: if installed, umbrellas will be of a pleasing character, and well maintained. 3- April 16, 2001 We feel that our proposed modifications to the seating allowance and disposition at 216 South Monarch will be of benefit to the Aspen community as a whole, and we ask for your consideration in allowing us to pursue our vision for a vibrant, exciling, well-planned and attraclive patio area on the North side of the Katie Reid Building. Sincerely, Charles Dale Chef and Owner Rob Ittner General Manager and Partner Attachments: Diagram of existing conditions. Diagram of proposed modifications. 06/21/2001 14:45 9709256634 RENAISSANCE PAGE I .2.1 RUSTIQUE R[NklijAN([ fgistro TH[ Al{NIMY 01 FOOD Renaissance Restaurant & Rusti,lue Bistro 304 East Hopkins Ave. Phone: 970-925-2402 Fax: 970-925-6634 Fax Cover Sheet TO: â‚¬Â«4* CLM Fax: 920 - 5439 Date: 15 ~ 21 ~ 01 From: 2 WAILLA *uf Number of Pages: Message: HI al / r Â·Wat,E 6 -1-~e-- AcÂ·84) 034:) Del L rrirt,2. A--3 A p ; *"11 5 elb - ,9-eâ‚¬ >SJ /0 -EX -7-- 70 â‚¬5 0 Ar'* 0 1 n c- %*422__ 2 06/21/2001 14:45 9709256634 RENAISSANCE PAGE 02 June 12, 2001 Amy Guthrie Planning and Zoning Dept. Aspen City Hall Dear Amy, This letter should serve as an addendum to c ;ur request for additional outdoor seating and modification of location for Rustique, at 216 South Monarch St. I , have attached the landlord's authorization to proceed in the form of a signed diagram of the proposed seating. In addition, when we removed the seats from the Monarch St. side, we felt that the space looked bare, and was not easily identifiable as a restaurant. Consequently, we ask permission to keep the small round tables and chairs in front of the restaurant, with our guarantee that they will be used only as a place for patrons to wait to be seated in the restaurant. These tables will not be used for dinner or cocktail service, but they do add to the feeling of a country French bistro as a purely decorative element You will note that we have removed the , iron railings on this side as a further guarantee that no cocktails will be served in front of Rustique. 4 r Many thanks to you and to the board for considering our request. Sincerely, Charles Dale Chef Owner Renaissance and Ruslique :2 i 1 RUSTIQUE BISTRO f, Aphl 16,2001 U 16 City of Aspen Planning and Zoning Re: Request for Amendment to outdoor seating disposidon and allowance at 216 Sourh Monarch To Whom Ic May Conccrn: 'lhe purpose of this letter is to ask for an amendment to the outdoor 5Cating allocated to SpaCeS 4 B, and Q located at 216 South Monuch, Thc Katie kid Building, currently occupied by Rustique Bistra Ratified in 1994, the current allowance provides for 8 tables, to bc divided between the frontage on South Moogrch Street, and in the patio behind the Victorian Houst In the past, four tables of two werc situated on Monarch Strect, which necessitatcd the presence of a cast iron gatc that infringed upon the sidewalk and public tight of way, as well as four morc tables of two isolated in the patio area, which is private land. We are requcsring an amendment to the disposidon of these tables for the following reasons: 1, We would likc to consolidate all the tables and chairs in the patio arca behind the Kade Reid House, currently occupied by Mesa Bank. Thia would give us eight tables grouped + one area, accessiblc from the bar area of Rustiquc. We feel that the beÂ·nefits arc as follow: 9 ~l â€¢ Benefits to the building and to the City of Aspen: - k, lk- â€¢ By creating a more vibrant outdoor life in what is otherwisc a little traveled, uninhabited L and often sterile area in ttic downtown core, we would be bringing a dynamic "caf6 experience" to the edge of town during the Summer months. â€¢ Many locals and toutialb park their cars on this side of town in the evening, and a bustling patio serving reasonably-pticed food and beverages is an attractive welcome to them as they walk into the downtown core. â€¢ 'Ihe fence on the South Monarch side of the building is the only *Mall Lease" arrangement with the city that is not on one of the malls. It is our opinion that the sidewalk 15 not the best place for an outdoor caf6, as the view is prirnacily of parked cars, and not actually of Bass Park. In addition, glide from headlights and automobile exhaust is often an annoyance to diners in this area. â€¢ Benefits to pagons and staff: * Research shows that people likc to congregate in popular areas for their recreation. A bustling little "cafe scene" where everyone is grouped together will bc morc successful than one wherc people are separated from Ofle another on rwo sides of the building. 1 ? 0 In the current situation, all =ble service needs to come through the front door as guests 11 216 SOUT[[ MONARCHâ€¢ ASPHN CO- H1611 I'MONK: 971,-920-2555 - FAX: 971)-925Â·4634 Z00'd eST :60 Te/SI/t,0 S088 Est 023 dOOdS abIO=IlealS 3H1 i l -Z- April 16.2001 are e,iret:ing or leaving This creates congestion and possible collision of wait staff with patrons, and is a traffic problem Given die popularity of Rustique with local Aspcnitcs, wc would like to eliminate this potcnnal disaster by placing all the outdoor dining in an area to be scrviccd through a liew door from the bar and kitchco, 2Way from the entrance te the res tturant. 0 The current situation takes twicc as many employees ro service, and is inefficient. This hampcts the experience for both guests and staff members. By concentrating all the dining on the patio, we can effcctively direct guests to onc irca, es well as create a more plcuslnt and cohesive work environment for our staff. 2. Thc current seacing allowance calls for eight tables, but only provides for two seats at each table Wc arc asking that the seating allowance be increased ro four scats per table. for the fe i:-'ng r reasons: * Rustiquc is a family restaurant, and tables of two are a fancy for its. Wc arc Irmch more likely to nccd tables of four, ' i * As mentioned above, people tend to gravitatc toward busy areas. A dynamic patio widl eight larger tablcs crcatcw an almosphere of conviviality, and will biing more people to the edge of the downtown core, thereby diversifying the community. * '1'he corner of East Hopkins and South Monarch has historically becn a "fringe block" of the downtown core, with little pedestrian traffic Since the advent of Rcnaissancc in 1990, we have worked hard against thc dculments of our location to increase traffic by word of mouth. The presence of La Cocina, Cache Cache, Campo dc Fiori Jimmy's. and now Elevation are assigdng in establishing our block as "Rcstautant Row". Wc believe the expansion of patio dining on private land is an enhancement to thc block and to dining options for the public during the summer months. 0 Precedent Both Cache Cachc and Campo di FioÂ£i have considerably morc than sixteen Scats for their outdoor dining. l'hcy, too, arc situated on private laod, and in our opinion, this outdoor seating contributes significantly to the desirability of their businesses 41 the summer months. 3. Description of dements: q 0 Gates arc required by the liquor licensing authocilics. Wc propose to re-use the eXibling 1 ' gates, which have already been approved and which arc painted to match the rest of the , f elements of the building, * Tables: to be thirty-inch squares, madc of maple hardwood, waterproofed and sealed, stained a rustic brick red to match the structurc of the building. * Chairs: Cast iron, stacking, rustic copper color. Will be stored inside thc restaurant at flight. 0 Heaters: Standard outdoor propane standing heaters, as arc seen everywhere in Aspen. * Umbrcllas: if insmlled, umbrcllas u,ill bc of a pleasing character, and well maintained. e00'd Ver :60 Te/SI/t,0 5088 Est OZE d 1 -2 ad 0.31ValS 3Hi , i -3- April 16, 2001 Wc feel that our proposed modifications to the seacing allowgnce and disposition at 216 Sbuth Monarch will be of benefit to tbc Aspen community as a whole, and we ask for your considefation in allowing us to pursue our vision for a vibrant, exciting, well-planned and atul~ve patio arc, 00 the 1 1 North side of the Katie Reid Building. .. . r 1, Sincerely, Charles DaIe Chef and Owner Rob I ttner Gencral Manager and Partner Anachments: Diagram of cxis;ting conditions. i 9 Diagram of proposed modifications. : Â· 4.11.' i : I t,00' d UST :60 I0/ST/t,0 3068 est' 033 dnOUS OBOdle'diS 3H1. /1 / <1 1 #04 62*ILIA~ tEEl f-Y/51-,NG BEACHâ‚¬J 9/4 l 1--- 9/4 aÂ» - 1/J 7/N r 0- 6 Â» ;.I %-*.3 - 42Â«/ 33 71 L CrK JIF r% -8 I C -â€ž CD Al mE 2> 49 0 d 1,2 6 W . 1 - Alt J Sâ‚¬*13 2 -5 7 LAVO MÂ©'4 4& cu sm 21:-21...31- s C tri-g - )*/' - J r.011 ASPEN/PITKIN COfvUVIUNITY DEVELOPMENT DEPARTMENT ~reementfor-Eavmentof.gity of Aspen Development Application Fees CITY OF ASPEN (hereinafter CITY) and (hereinafter APPLICANT) AGREE AS FOLLOWS: 1. APPLICANT has submitted to CITY an application for /tosT-mor R/ST-2-4 (hereinafter. THE PROJECT). 2. APPLICANT understands and agrees thar City of Aspen Ordinance No. 45 (Series of 1999) establishes a fee structure for Land Use appiications and the payment of all processing fees is a condition precedent to a determination of application completeness. APPLICANT and CITY agree that because of the size, nature or scope of the proposed project. it is not possible at this time to ascertain the full extent of the COSIS involved in processing the application. APPLICANT and CITY further agree thar it is in the interest of the parties chat APPLICANT make payment of an initial deposit and to thereafter permit additional costs to be billed to APPLICANT on a monthly basis. APPLICANT agrees additional costs may accrue following their hearings and/or approvais. APPLICANT agrees he will be benefired by retaining greater cash liquidity and will make additional payments upon notification by the CITY when they are necessMÂ·y as costs are incurred. CITY agrees it will be benefited through the grearer certainty of recovering irs filll costs to process APPLICANT'S application. 4. CITY and APPLIC.ANT further agree that it is impracticable for CITY staff to complete processing or present sufficient information to the Pianning Commission and/or City Council to enable the Planning Commission and/or City Council to make legally required findings for project consideration. unless current billings are paid in full prior to decision. 5. Therefore, APPLICANT agrees that in consideration of the CITY's waiver of its right to collec: fuil fees prior to a determination of application completeness. APPLICANT shall pay an initial deposit in che amount o f S 9 6 0 which is for 6 hours of Community Development staff time. and if actual recorded COSIS exceed the initial deposit. APPLICANT shall pay additional monthly billings to CITY :o reimburse the CITY for the processing of the application mentioned above. including post approval review. Such periodic payments shall be made within 30 days of the billing date. APPLICANT furcher agrees tha[ failure to pay such accrued costs shall be grounds for suspension of processing, and in no case will building permits be issued until all costs associated with case processing have been paid. CITY OF ASPEN APPLICANT L a 835 -4- Hy: - / - ~7Julie Ann Woods J Community Development Director Date: 9/4/0/ 1 1 Mailing Address: 304 6-tsr- te IL,/1 ki? 01 Q 2 l& 11 g:tsupport\forms\agrpayas.doc 12/27/99 LEASE ASSIGNMENT. AMENDMENT AND CONSENT THIS LEAS~ASSIGNMENT, AMENDMENT AND CONSENT ("Assignment") is entered into this F day of September, 2000, by and between GIBRALTER WEST, LTD., a Colorado corporation ("AssignorD, RUSTIQUE, LLC, a Colorado limited liability company, ("Assignse", a "Tenant"), and ASPEN ARCADE LIMITED, LLLP, a Colorado limited liability limited partnership (1'Landlord"). RECITALS A. On, November 24, 1993, Assignor and Landlord entered into a Retail Lease concerning Spaces 203,204, 103(A) and 103(B) in the Katie Reed Building, Aspen, Colorado, which was amended by Assignment of Lease dated December 29, 1994 and by Amendment to Retail Lease dated July 15, 1998. Such Lease and all modifications and amendments thereto heretofore made are hereinafter referred to as the "Lease". B. Assignor now desires to assign all of its right, title and interest as the Tenant under the Lease to Assignee; and Assignee desires to assume all obligations of Tenant under the Lease. C. The Assignee and Landlord desire by this document to further amend the Lease. AGREEMENT In consideration of the mutual covenants contained herein, the parties hereby agree as follows: 1. Agreement. Assignor hereby assigns to Assignee, all of its right, title and interest to the following: 1. the Lease and all modifications and amendments relating thereto heretofore made (a complete copy of which is attached hereto as Exhibit A); and 2. the security deposit under the Lease in the amount of Ten Thousand Dollars ($10,000.00). 2. Assumption. Assignee hereby assumes all obligations for the timely performance of all covenants, terms, conditions and provisions required to be kept, observed or performed by the Tenant under the Lease and hereby agrees to indemnify, hold harmless and defend Assignor from and against any and allliability under the Lease incurred from and after the date hereof. 3. Substitution of Cash for Letter of Credit: Restatement of Article XXVIII. The One Hundred Forty Thousand Dollar ($140,000.00) letter of credit referenced in Section 1 28 of the Lease shall be terminated. Assignor, instead, agrees to deliver to Landlord and Landlord agrees to accept a Fifty Thousand Dollar ($50,000.00) cash security deposit. Article XXVIII is deleted and restated in is entirety as follows: Additional S.ecuritv -"Upon execution ofthis Lease, Gibralter West, Ltd. shall deliver to Landlord as additional security for the performance by Tenant of its obligations under this Lease, cash in the amount of $50,000.00, which sum shall not bear interest, may be commingled with other funds of Landlord, and may be expended by Landlord in its discretion to cure any Event of Default of Tenant under the Lease. It is expressly understood that such Additional Security is not an advance payment of rental or a measure of Landlord's damages in case of default by Tenant, and that Landlord shall have no obligation to apply said Additional Security or any part thereof to cure a default by Tenant in the payment of rent or other amounts due from . Tenant under the Lease, and that Landlord may instead exercise any one or more of its default remedies set forth in Article XVIII of the Lease (including without limitation retaking possession of the premises) and preserve the Additional Security for potential subsequent defaults by Tenant. Should the Additional Security or any portion thereof be applied by Landlord for the payment of overdue rental or other sums due and payable to Landlord by Tenant hereunder, or for any other breach on the part of Tenant, the Tenant shall within five (5) days after the written demand of the Landlord, forthwith remit to the Landlord a sufficient amount in cash to restore the Additional Security to the sum of $50,000.00. In the event Tenant is not in default in the perfomance of any ofTenant's obligations under this Lease on August 31, 2004, Landlord agrees to return the $50,000.00 Additional Security (or so much thereof as has not been applied by Landlord to prior Tenant defaults) to Gibralter West, Ltd. within 30 days following that date." 4. Notice Copied to Assignor. Until the expiration of the initial term of the Lease, the Landlord agrees to provide a copy of any notice of default thereunder to the Assignee, to tile Assignor at: % William R. Jordan III, Esq. 418 E. Cooper Avenue, Suite 202 Aspen, Colorado 81611 5. Rent Increases for Remainder of Initial Term. During the remainder of the initial term of the Lease expiring August 31, 2004, and during the first renewal term commencing September 1,2004 and expiring August 31, 2009, (assuming Assignor timely exercises such first renewal option), annual fixed minimum cost of living rent increases for each Lease Year under Article III of the Lease shall be four (4%) percent cumulatively applied. Such increases shall be effective for the Lease Year commencing January 1., 2001, and for each Lease Year thereafter during the initial term and the first option term of the Lease. 6. Rent Establishment and Increases for Renewal Terms. The following is added to Paragraph 6 of the Amendment to Retail Lease dated July 15, 1998, amending 2 Article II of the Lease. Tenant shall have a second 5-year option period, until August 31, 2014, as more particularly described in Article II of the Lease. References in said Article II to the "initial term of the Lease" shall be amended to say the "first option period." References in said Article II to the "first year of the option period" shall be amended to say the "first year of the second option period in connection with the 5- year option period". References in said Article II to the "option period" shall be amended to say the "second option period." References in said Article II to the "final 8 months of the initial Lease term" shall be amended to say the "final 8 months of the first option period." During the second option period, the fixed minimum annual rent shall initially be determined by the provision of Article II (a-d) of the Lease, and annual fixed minimum cost of living rent increases thereafter shall be determined by the provisions of Article III of the Lease, in both instances as contained in the November 24, 1993 Lease document. 7. Release of Assignor. Except as herein provided, Landlord hereby releases Assignor and each and all of Assignor's guarantors of the Lease, and all of Assignor's collateral and deposits, (except the $50,000.00 Additional Security herein referred to) from any and all obligations on the Lease. 8. Securitv Deposit Increase. The Security Deposit referenced in Section 8 of the Retail Lease/Summary of Business Terms which forms a part of the Lease is increased to Fifty Thousand Dollars ($50,000.00) from Ten Thousand Dollars ($10,000.00) and the Landlord acknowledges the receipt of an additional Forty Thousand Dollars ($40,000.00) from the Assignee. The Security Deposit shall be held by Landlord in an interest bearing Certificate of Deposit at Mesa National Bank with interest accruing as additional security deposit. 9. New Doors: Relief. Landlord hereby grants approval to Assignes to install new double entry doors to the Leased Premises, subject to approval by the Landlord of the plans and specifications therefor, which approval will not be unreasonably withheld. The cost thereof will be paid by the Assignee. The doors shall become a part of the Leased Premises owned by the Landlord. Landlord shall partly reimburse Assignee f9r the expense of the doors by giving Assignee one (1) free month minimum rent. Assignee shall select such month and shall provide Landlord with ninety (90) days advance written notice thereof. In addition; if the Assignee shall exercise it's option for the first five (5) year extension of the term of the Lease, AssigIlee shall be further reimbursed for the expenses of such doors by receiving from the Landlord another one (1) month of free fixed minimum monthly rent during the first five (5) year option tenn, as designated by the Assignee by written notice to the Landlord at least ninety (90) days in advance of the selected month. 10. Rent Relief for Second Renewal Term. If the Assignee shall timely exercise its option for the second five (5) year option term, the Landlord agrees to grant the Assignee one (1) free month of fixed minimum rent during the second five (5) year option term, said month to be designated by Assignee by written notice to the Landlord at least ninety (90) days in advance of the selected month. 3 11. Extension of Negotiation Period. The second paragraph of Article X of the lease, as previously amended, is restated in its entirety as follows: "If Landlord decides to sell the Leased Premises (as condominiumized), Landlord agrees to notify Tenant in witing of such decision and to negotiate with Tenant during the 90-day period following the giving of such notice as to the price and terms on which the Leased Premises may be purchased by Tenant. Ifprior to the expiration of said 90-day period Landlord and Tenant have not signed a mutually acceptable contract for the sale of the Leased Premises to Tenant, Landlord shall have no further obligation to negotiate with Tenant in connection with the sale of the Leased Premises, and Landlord shall be free to sell the Leased Premises at any time, to any person, at any price and on any terms, subject always to all of Tenant's rights under ihis Lease. The foregoing provision shall not apply if Landlord elects to sell the entire building, in which event Tenant shall have no rights under this Article X." 12. Landlord's Consent to Assignment. The Landlord hereby consents to the assignment herein made. 13. Captions. The captions in this Assignment are inserted only for the purpose of convenient reference and in no way define, limit or prescribe the scope or intent of this Agreement or any part thereof. 14. Governing Law. The laws of the State of Colorado shall govern the validity, performance and enforcement of this Assignment. Should either party institute legal suit or action for enforcement of any obligation contained herein, it is agreed that the venue of such suit or action shall be in Pitkin County, Colorado. 15. Attomevs' Fees. Should this Assignment become the subject of litigation to resolve a claim of default in performance by either party, the party who is determined to be in default shall pay the attorneys' fees, expenses and court costs of the non-defaulting party. 16. Integration and Modification or Amendment. This Assignment contains the entire understanding of the parties with respect to the matters herein contained. There are no representations, warranties, covenants or undertakings other than those expressly set forth herein. This Assignment may not be modified or amended except by a writing signed by all parties hereto. 17. Counterparts: Facsimile Sienatures. This Assignment may be executed in multiple counterparts, each of which shall constitute an original, but ali of which taken together shall constitute one and the sams document. Facsimile signatures shall constitute valid original signature for purposes of execution. Facsimile signature shall be followed by transmittal of original signatures by mail to each of the other parties hereto. 4 IN WITNESS WHEREOF, the parties have executed this Assignment as of the day and year first above written. ASSIGNOR: LANDLORD: GIBRALTER WEST, LTD. ASPEN ARCADE LIMITED, LLLP, a Colorado limited liability limited partnership By: ASPENARCADEMANAGEMENT,INC., a Colorado corporation, General Partner By: CA~ Ut/~~0-r>/ui~ By: William R. Jordat III,~resident Larry A. Brooks, President ASSIGNEE: RUSTIQUE, LLC By: Charles C. Dale, Manager/Member Robert Ittner, Jr., Manager/Member 4, UI STATE OF COLORADO ) )SS. COUNTY OF PITKIN ) The foregoing instrument was acknowledged before me this 3.~day of ,~~c,1,0- , I. d 2000, by William R. Jordan III, as President of Gibralter West, Ltd. WITNESS my_land and official seal. My Comis*it?*fhes: 3/0/*07- (SEAL) 0"-- 654-4,Â« N+Gry Public 4 & i b P 04$--EEL--Â·/-0-, 51 h STATE OF .) )SS. COUNTY OF .) The foregoing instrument was acknowledged before me this day of 2000, by Larry A. Brooks, as President of Aspen Arcade Limited, LLLP, a Colorado limited liability limited partnership By: Aspen Arcade Management, Inc., a Colorado corporation, General Partner. WITNESS my hand and official seal. My Commission expires: (SEAL) Notary Public STATE OF COLORADO ) )SS. COUNTY OF PITEN ) The foregoing instrument was acknowledged before me thisjtday of /64 , 2000: by Charles C. Dals and Roberw~tner, Jr., as Managers and Members of RustÂ¢lue, LLC. WITNESS,0Â»m:dgnci official seal. My Cor~*&*~*~3 /0 j @<00>- (15 44Â»44 *f< 3'9401-0) Nota6 -Public 6 1 -Â«0- .Â·... f 1 .1 # A IN WITNESS WHEREOF, the parties have executed this Assignment as of the day and year first above written. ASSIGNOR: LANI)LORD: GIBRALTER WEST, LTD. ASPEN ARCADE LIMnED, LLLP, a CcIorado Iimitedliability limited partnership By:ASPENARCADEMANAGEMENEINC., a Colorado corporation, General Partner By: C By: ~ti~ William R. Jordan III, President ence Ht ~rooks, ~sident ASSIGNEE: RUSTIQUE, LLC By: Charles C. Dale, Manager/Member Robert Ittner. Jr., Manager/Member 5 STATE OF COLORADO ) )SS. COUNTY OF Pn'KIN ) The foregoing instrument was acknowledged before me this day of - 3 2000, by William R. Jordan III, as President of Gibralter West, Ltd. WITNESS my hand and official seal. My Commission expires: (SEAL) Notary Public STATE OF I *S. The foregoinginstrument was acknowledged before me this _~day of 140.6.0,Jk , 2000, by Lawrecc*, H. Brooks. as. President of Aspen Arcade.Mankgement ~ Inc..,Â· a Colorado corporaâ‚¬ion,- General Partner:of Aspen Artade LimitedÂ· LLLP,Â·a Colorado - limited- liability limited partnership. WITNESS my hand and official seal. My Commission expires:~&4 all A...)~ 9~ A A j.-$4-0 9/Eamm (SEAL) < AA5& BRUNO J. SARTINI, JR. ~ Notkry Public~ A Â£*21 Commission # 1170990 E Noic,7 Public - California 0 Los Angeles County ~ ~â‚¬~S>' MYCcrrim. Expires Peb21,2002 STATE OF COLORADO ) )SS. COUNTY OF PITKIN ) The foregoing instrument was acknowledged before me this day of , 2000, by Charles C. DaIe and Robert Ittner, Jr., as Managers and Members of Rustique, LLC. WITNESS my band and official seal. My Commission expires: (SEAL) Notary Public 6 1 0 11 \\ 4, 4.902 1 103 9 esa C P 13 # B ft \\*1 9-.Ajok .,1 @ .i- / 1 \ \> G.%3- _ 3 f'b K'.ch f.inibc.Â· pir;~~ ,/ , 2 2==iÂ·:/A\,1 i r---~Alper' Â· (*# FLit=~t=1 ~ 0. la' h= ,-Jff//M8E1 DEEP INit'Z;&~ A co 'MaA"prmkf~Mig EBWI,niMWN i=76J \ f â€¢'11â€¢' 1 tv'Â·Il' I" The Racheel Tru0 VcDonoughs Valb,un/ m 1 11 linn 1 - , I .44 4 - 9 2 9 E ~7 <. COOPER AVE. MALL; {1; 10 <r 1 COOPER AVE. E-,Ii" 824, . 229 s;m Goody 11 0 MILL tT. -9 1 1 Liz's Line,IS Wok. SNOW OUEEN r-=A--11,11'11 Aspen.1:,:i.,11111'll MALL .f~ ~ LIMELITE LODGE VICTORJAN - Drlscol mzz= Thi-Grotto. Wes'_" ' A 'rb'yfy# p 210 COOPEF BED & SREAKFAST 554.-4'1*F.4*1'4''4Â· I ~ 44 105 .iumi~;), LOF+Sf -%11%~ //8.1 ' 1 4 & 1... 1 -1 ' fi~~ Wgi. sTunios.,1 43:1Â£~~~9113 309, A ; ty Brokers Noorl: Coll,Ctlon 1 29) Daniels, \L Davy Floria Galle,y â€¢.clfic. 6////d- 3/ Q. ! ,-1&11/14/1 - Aâ‚¬Â·.1 47 47.7- -Na 2.6.-14 The Parlels.,[L-:~ New York Pizza The Clgarlir 4032 1*J 4'9~Zf %134% 0 ~ Mexican Restaurant The Uta Mountalnier ~ Q Aspen 81!Ilard' PROSPECTOR LOE GE J 'Ir.ut /9/9./*PW Eric s Bar A,p, 04%*N-JP 9 Art Tee Gal[Gry 11! J -4 f.. =1 \S~- Tumi Tno CUD Chelsea Sierra Shirts -- . 'ho Popcorn CafT* Hub of ~"' THE SNOWFLAKE INN -rÂ·J:~r> ~kon :i,l~o~~"A~AI[fact, Â· Alpm, T-Shirt Company 14/1 Wagon - Terlr,0 - Aspen - Galleni 9 Antlqulty Collections ~, 4* C.' :[/ V . ..> & Serviceâ€¢ V f,5 â‚¬13 HYMAN AVE. F lal - - HYMAN AVE. MALL . 4/ WHEELER OPERA HOUSt Aspen Camisc Co. -LI <3 1051,) "' 4 ' ' Aaper,l,1 1,1 ~ 5~ 5%94 927-3334 A,fen Masterploco' Fine Art Rare Art & Gallery 1221 1 Bentley's RE/MAX Premier ;Pen ~-._.J ~I~~'gs J~Intlqq;g,o//1 ~~IZ~I~er, 1,esta~rant 1 0.4 MOUSE .Â· *, 1 â€¢ The Mother Lode - Crystal Pallce -Whitman Fine....- -WEARTHSTONE - Col-ONWOOD - irt Sunglass a Put ' & Restaurant NA Propert. 5 'CONOOMIMU%IS .Et~ 6,â‚¬lrl 7 . Wl-ill Designs & Gelfery MIghlin, I - -Ij~~Mili~ @~ 5;42#lid[~ICt -ss,x Galle'Y Goldmasters ~ 1 ~~ ~ .,53% 1 4 ~ Tokoh Sushi < [5%5:fl~ocl Footloose & Fancy < 12=1. orper~<epa~. 4*rean.Aile, r.=. (iD Mtn(42/ Jir,Irrly,5, t.ULL STREETPLAZA - CAWBOU I J Hlld An American Restaurant & Bar The Aipen~ ~ Aspen Rustiqu. 1 1 1& M -â€¢â€¢.Id bi (iTÂ¥* 14/AtÂ£914 A, I r.7~0<40) ks I,Je- SLOG. ALLEY | ~Â·Â·Â·0" Dear John Flne Stationors Goldsmith Mountain mistro' h ,~ZEn'*U= The Carlbou Club 1 T~I::~. 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Boutigie - Elegant- Elizabeth ~ Cache C/che Blstro Campode Flori ~ Aspe -& 0.aln - Mesa Nolional Bar k - Clothing Locke 1 Jewets of Aspen 1 Renaissance--, Zole '1 Npri 'f,IÂ· The Alchemy ot Food mi 01'pll'.,1,â€ž, Mis Theater Wof Camera Nour Lab Elevation / Otis Cindy m aa<Xy,97'hil' t----~1Ml~~~~~~~~~~~~~~~~ne J r-net-Â£- I ~~~:~~~ .ELA~pen *6*~& .;2318*d @ 4,14 g *lk -2 41~ ~I,JoÂ©DIE'~/RELTWN'Imm O,L 1 Gr:~t'Divid2,= Zona Â·L__ ) 1 Q.,a .'pÂ°Â¤32- 'i~ 50 @ ~ 9 ~ fed-041 -,1 81 OKNYI | TIe Photo Place - | L_ A-#a 64.J ,entrancel r:45/1/119/19/Elah 0%1 6.....1 Nour'hoto, Mallul,la~ As'rn Potters - Vinh Vinhi Conwdrum The ~t!Ber-; A]dorfer's ~ ENplore. Mal i Street MOLLY GIBSON = ~ -BulldIng - Antiques 'Emmia Clearet- Exp,ess Ristairint The Twall Booksellers Bakery & C.fo LODGE True Vatue Hardware Store Jr arc Stitch an' Distro Out works Radio Shack I. ill't & Bath M 5 f look U WO 4 E. MAIN ST. The Kitchen Lott Design 5 Houso Carquest Jack b Orthopaedic Carol OopkIn THE HOTEL JEROME Aspor Hor-c Mestaurant ASSOCI'les Real Robert A. Le-gley Bars & Rastaurants An~-SiN}KNGF*Y@*2;9 IME~2-Fil TYPOLEAN Aspen Cor & Pharmacy LODGE Commercial Real Estate Al---r-=a (59 F= .=-1 A--=:59!.r- Ac~-~ 352~ pi:.i. ce".g 0 ~r-r~-Fl~~llit,mr; ri. i -14 URE fia*Â¤p/-<5*1.92 1 JEROME PROFESSIONAL BLDG. BLEEKER ST. 02 A,pencnin,nui.14Â·Clit,r..1. -- - r.â€ž..........-7... .1.mla B=.1.11 Community Bank Aspen larking - NORTH MiLL STA"ON AA',Â· 1 ... Red Ill Arts G Rtâ€¢(re<â€¢litâ€¢â€¢i C rider HALLAM ST. - Aspen Wine & Spirit Co. Take 2 Video h~~~=r723 Mall Boxis Etc 1 R/.i..ande ...A (4 Lme~,,==.".~MI.M. LÂ·' -1 â€¢Â£-Â£-c~~~~ i'tlIEN-uk~IkEUdttlullâ€¢r~ ~(1~,11*1 (jilimilliliBig imi 0------'iLL *- *GK ~4 , , :2 # 47 2 1#6---LJq'/4 /-==*F.Â¥00 4- i Â»*EA I 1 Alpive ACE Hardwar; Aspen Bagel Bltes 17." 24 - 1 Canyon Cle'nurl & Dell park PUPPY Aspen 47'*0998 A - Sunshine A .1 97 Ek*:76 r,r- 4*grfir,7716..h! Ya G.Go P,Id. Cleaners & Use It\- -3~,~~. -04 1 4 9*1Â¢ 034*43 1 vitill 81%4 <e.93!Th. LIghting Studio Snowboards Laundromat Again 4,0 1% - ~~--~-~~~~~ Grande r.:1,1 ~ %9L==Â£2,1 Y "'P"' re,:,eâ€¢ n., . iL f)1 I~& 1\A 42 4/ 11,144-6Â¥1 6,1 ~ Enâ€¢Iminic.nial Smdi,Â·i A A aA tf 611 0 ..2 .P.p 22 /5.6 0 ' ,& 1 - - 1/,U.im L'kiÂ· -71-1- -r_t:.-7- i Nul.'â€¢r -IL-----1=22) 4. ~15"-La 4 1- i. A.,NA. 1SiSMU 84/1272801 16:86 9789256634 RENAISSANCE. FAlt 0 2 A#.14 * i l,/4\4 f t 7- 0 mil ' ~3:111 i tÂ· 91 1 E CD d! mT 4 46(rs ' ll 0 4 2- 14 --1- '' etQRM#17 42 - 4 -rke -- af 2- -3> o Ln-{b Dc)Â« 9% 1 5-1-loG 23'Ep':n AD(b- 1 16 5.1%604 -Racv sm _ 4. 9Â· OL 1., r. [L) lit Q GE- 4 900'd UST :60 I0/9-[/t,0 5088 est Ozs dOOdS abIO=Ilead:S 3Hi 84/12/2801 15:06 9709255634 Rt-NA/:SWANUt *MaC 02 ' L r 1 72â‚¬JDâ‚¬59-1 A~] ACC.Es.1 1 i b r1 a. Â£ I 44 01 0 11 â€žTT 10/4 741 , 1 11 r/\)1 6 0 0 1/ Cal â€ž 11 - 1 yJ L> 94 1 1 --- '' \ ,: TiaÂ© 20 360 3â‚¬An-1,06*K~â‚¬48 M-evel- 214 S , MON#GW S--~ R 0 33-l Q 0 FT - 2 F I~ S00*d WSI :60 Te/ST/t,0 3068 Est' 0ZS drIOUS aMO..IlealS 3HI RESOLUTION NO. 29 (SERIES OF 2001) A RESOLUTION OF THE CITY OF ASPEN PLANNING AND ZONING COMMISSION RECOMMENDING APPROVAL FOR AN AMENDMENT TO A SPECIAL REVIEW FOR A REDUCTION IN OPEN SPACE FOR OUTSIDE SEATING FOR RUSTIQUE BISTRO LOCATED AT 216 SOUTH MONARCH STREET, CITY OF ASPEN, PITKIN COUNTY, COLORADO. Parcel ID: 2737-073-82005 WHEREAS, the Community Development Department received an application from Charles Dale and Rob Ittner, applicants, for a change from the reduction in open space requirements for placement of outdoor seating in the courtyard of the Katie Reed Complex, WHEREAS, in 1994 the Planning and Zoning Commission approved a use of the required open space for dining with eight two-person tables accommodating 16 people, and now the new proposal will be eight four-person tables accommodating 32 people in the same area, WHEREAS, pursuant to Sections 26.430.020, the Planning and Zoning Commission, in accordance with the procedures, standards, and limitations of this Chapter, shall by resolution approve, approve with conditions, or disapprove a development application for Special Review, after recommendation by the Community Development Department pursuant to Section 26.430.020; and, WHEREAS, the Community Development Department reviewed the Special Review application for a change in the reduction in open space requirements for this property in the Commercial Core Zone District pursuant to Section 26.575.030(B) and recommended approval; and, WHEREAS, during a duly noticed public hearing on June 26,2001, the Planning and Zoning Commission conducted a public hearing, considered the recommendation of the Community Development Director and took public testimony for a change in the reduction in open space requirements in the Commercial Core Zone District; and, WHEREAS, the Aspen Planning and Zoning Commission finds that the development proposal meets or exceeds all applicable development standards and that the approval of the development proposal, with conditions, is consistent with the goals and elements of the Aspen Area Community Plan; and, WHEREAS, the Aspen Planning and Zoning Commission finds that this Resolution furthers and is necessary for the promotion of public health, safety, and welfare. NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF ASPEN PLANNING AND ZONING COMMISSION as follows: Section 1 Pursuant to the procedures and standards set forth in Title 26 of the Aspen Municipal Code, the Special Review application for a change in use reduction in open space requirements to place outdoor seating serving the Rustique Bistro is approved with the following conditions: 1) The use of open space is for outdoors dining seating up to eight 32 people. 2) This approval may run with the restaurant until such time that the patio use is expanded which shall require an amendment to this approval of the property owners terminate the use of this area for outdoor dining purposes. 3) The fencing, gates, and access ways shall be in accordance with any applicable Environmental Health, Building Department, and Fire Department or Liquor Licensing requirements. 4) All representations made in the application or by the applicant at the Planning and Zoning Commission meeting shall be adhered to. 5) No tables shall be located on the sidewalk along Monarch Street Section 2: All material representations and commitments made by the applicant pursuant to the development proposal approvals as herein awarded, whether in public hearing or documentation presented before the Planning and Zoning Commission or City Council, are hereby incorporated in such plan development approvals and the same shall be complied with as if fully set forth herein, unless amended by an authorized entity. Section 3: This Resolution shall not effect any existing litigation and shall not operate as an abatement of any action or proceeding now pending under or by virtue of the ordinances repealed or amended as herein provided, and the same shall be conducted and concluded under such prior ordinances. Section 4: If any section, subsection, sentence, clause, phrase, or portion of this Resolution is for any reason held invalid or unconstitutional in a court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and shall not affect the validity of the remaining portions thereof. Approved by the Commission five to zero (5,0) at its regular meeting on June 26. 2001. APPROVED AS TO FORM: PLANNING AND ZONING COMMISSION: City Attorney Robert Blaich, Chair ATTEST: Jackie Lothian, Deputy City Clerk