HomeMy WebLinkAboutMEMO_305 S Mill_2018
Page 1 of 4
MEMORANDUM
TO: Mayor Skadron and Aspen City Council
FROM: Ben Anderson, Planner II
THRU: Jessica Garrow, Community Development Director
RE: Temporary Use Request – Grey Lady, 305 S. Mill,
Resolution No. 122, Series of 2018
MEETING DATE: August 27, 2018
APPLICANT: Ryan Chadwick, 426 E. Hyman
Ave. #301, Aspen, CO 81611
LOCATION: 305 S. Mill, Grey Lady
CURRENT ZONING: Commercial Core (CC,
Commercial Core Historic District)
SUMMARY: The applicant is seeking
temporary use approval for Grey Lady
restaurant to place a plastic/canvas tent
over the site’s public amenity space from
December 15, 2018 through April 15, 2019, a
total of one hundred and twenty (120) days.
STAFF RECOMMENDATION: Staff
recommends the City Council deny the
applicant’s request for a one hundred
twenty (120) day temporary use approval.
Staff finds the structures is out of character
with the historic district and does not wish
to encourage structures constructed of
such impermanent materials for such a
length of time. Additionally, a condition of
the 2017 approval required that the tent
structure be removed following the period
of approval. The roof has not been
removed, meaning this condition was never
fully met.
Figure A. Grey Lady Restaurant, north view.
Figure B. Grey Lady Restaurant, west view – trellis structure.
Figure C. Grey Lady Restaurant, south view – trellis structure.
Page 2 of 4
REQUEST OF CITY COUNCIL:
• Temporary and Seasonal Use Review (26.450.030)
The applicant is requesting Temporary Use approval related to two temporary structures in
accordance with Chapter 26.450 of the Land Use Code for a period of one hundred and twenty (120)
days. The Code allows City Council to grant temporary use approval for up to 180 consecutive days
within a calendar year, for no more than ten years. City Council is the final review authority.
LOCATION/BACKGROUND: The subject site is located within the historic Commercial Core zone district,
at the corner of the Mill Street pedestrian mall and E. Hyman Avenue. The applicant has requested and
received temporary use approval for the tent on this site during the 2014-2015 winter season, the 2015-
2016 holiday season, the 2017-2018 winter season, and now the 2018-2019 winter season. The history of
requests are as follows:
• In 2013 City Council granted a former restaurant owner of the subject location seasonal temporary
use approval for a temporary custom fabric airlock from January through March of the same year. At
Staff’s recommendation Council granted this as a one-time approval, and directed the applicant to
find a permanent solution for future needs.
• In December 2014, Staff approved a seven-day tent permit for the site. The tent was erected over
the trellis, covering the site’s public amenity space, and was fully-enclosed with roll-down walls. After
the tent was not removed the matter was directed to Council for review.
• In January 2015 Council granted the applicant temporary seasonal approval for the tent to be erected
on-site through April 15th of the same year. At the hearing Council was clear that this was a one-time
approval and that the Applicant should not return to renew this request.
• In October 2015 City Council denied the applicant’s request to erect this tent on the site for the
duration of the winter season. Council was concerned with the tent’s use of plastic and canvas
materials and questioned the temporary nature of a structure that kept reappearing seasonally.
• In December of 2015 City Council granted the applicant an 11-day temporary use approval (December
24, 2015- through January 3, 2016) to erect the tent over the site’s public amenity space.
• In December of 2016, City Council granted the applicant a 14 day, temporary use approval. The
approved days were not required to be used consecutively. The applicant also requested an exterior
airlock, which was not approved.
• In November of 2017, City Council granted the applicant a 120-day temporary use approval for a
significant portion of the winter season (Resolution 157, Series of 2017). The inclusion of a winter
market on Saturdays within the tent structure was an addition to the 2017 request and approval.
Page 3 of 4
Since the previous Temporary Use approvals, the Land Use Code has changed, requiring additional
design review be included for all proposals that cover Pedestrian Amenity space.
CURRENT REQUEST: The applicant is requesting temporary use approval to cover the existing trellis with
a grey canvas and plastic covering on the subject site for a period of one hundred and twenty (120) days,
to begin on December 15, 2018 and end on April 15, 2019. The covering has been placed on the site’s
trellis over various durations by the Applicant throughout the past three winter seasons. The temporary
covering will be utilized by the restaurant during evening operating hours, and by a winter market on
Saturdays/and or Sundays during the late morning and afternoon.
STAFF COMMENTS: This Application is the fifth annual request for a covering of the trellis during the
winter season at the Grey Lady. The Grey Lady is located in a prominent location at the intersection of
the Mill Street and Hyman Avenue Pedestrian Malls within the Commercial Core Historic District. Staff
does not support the request for a temporary enclosure over the trellis structure. A full analysis of the
applicable review criteria can be found in Exhibit B.
Commercial Design
The Grey Lady is in a highly visible location at the intersection of two pedestrian malls within a historic
district. The Commercial Core Historic District requires improvements that respect the 19th-century
historic context. The trellis covering in years past, and as proposed this year, is essentially a canvas and
plastic tent. The materials of the trellis covering do not reinforce the historic context and are not
appropriate for this Character Area in the Commercial Design Standards and Guidelines. Furthermore,
the tent would cover Pedestrian Amenity space for nearly one-third of the year.
Temporary Use
While Staff is appreciative of the Applicant’s representation that the space would be used as an indoor
winter market on Saturdays during the winter season, Staff has recommended in past reviews of this
temporary use request that the Applicant should consider pursuing a more permanent solution for their
winter operations. This would allow for a design that is cohesive to the existing building, meets the
Commercial Design Guidelines, and is constructed of durable, high-quality materials, rather than a
temporary tent.
GMQS
The canvas tent will generate 788 sq. ft. of Net Leasable floor area for one hundred and twenty (120)
days of the year. The applicant will be required to pay $5,562.30 (estimate) to mitigate for the covered
area. The applicant is required to verify the size of the covered area prior to payment.
Figure D. Previously approved temporary cover.
Page 4 of 4
Staff has one additional concern. A condition of last year’s approval was that the tent fabric be removed
from the trellis following the period of approval. It is staff’s understanding that the tent fabric has
remained in place until the present. The walls have been rolled up, and view into the space is open,
however the ceiling covering the trellis remains in place. While no formal enforcement action has been
taken, staff views this as being out of compliance with the terms of last year’s approval.
Figure E. Current status of pedestrian amenity area.
Photo taken 8/15/18.
129 days have passed since the period of the
previous approval came to an end. This raises two
specific concerns. 1) Under the code limitations,
Council can only approve up to 180 days. In total,
this tent structure has been up 249 days since
December of 2017.
2) Additionally, days beyond the 120 days approved
would accrue further GMQS mitigation
requirements (estimate: $6,769.22).
Because the tent does not meet the applicable criteria within the Commercial Design Standards and
Guidelines for the Commercial Core character area and Pedestrian Amenity spaces, and the failure to
remove the tent structure following the period of approval, staff is recommending denial of the
temporary use request.
While staff clearly understands the value of this area to the Grey Lady Restaurant, and that the covered
and enclosed condition allows the area to be used year round, the Land Use Code and the Commercial
Design Standards and Guidelines were written to reflect the community’s desire to generally prohibit,
and if allowed, permit only the temporary use of fabric or tent-like enclosures. This is a very prominent
location in the CC Historic District and continues to serve as precedent for the many other
establishments that may desire this type of “temporary” structure over Pedestrian Amenity spaces.
STAFF RECOMMENDATION: Staff recommends denial of the temporary use request. If Council desires to
approve the temporary use, the resolution has been worded in the affirmative for another one (1) year
approval.
PROPOSED MOTION (WORDED IN THE AFFIRMATIVE): “I move to approve Resolution 122, Series of 2018 to
allow the erection of a canvas/plastic tent over the public amenity space at 305 S. Mill St. from
December 15, 2018 through April 15, 2019.” (note: the draft resolution also carries forward conditions
from the 2017 approval related to the winter market)
Attachments:
Exhibit A – Staff Findings (Matrix)
Exhibit B – Staff Findings
Exhibit C – Application