HomeMy WebLinkAboutGrey Lady Memo_2019
Page | 1
MEMORANDUM
TO: Mayor Torre and Aspen City Council
FROM: Kevin Rayes, Planner
THRU: Jennifer Phelan, Interim Community Development Director
MEMO DATE: November 20, 2019
MEETING DATE: December 10, 2019
RE: Temporary Use Request – Grey Lady, 305 S. Mill,
Resolution No. 137, Series of 2019
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)
REQUEST OF COUNCIL:
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 18, 2019
through March 31, 2020, a total of
one hundred and five (105) days.
STAFF RECOMMENDATION:
Staff recommends that City Council
deny the applicant’s request for a one
hundred and five (105) 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.
Figure 1: Grey Lady Restaurant, north view
Figure 2: Grey Lady Restaurant, west view-
trellis structure
Figure 3: Grey Lady Restaurant, south view-
trellis structure
Page | 2
REQUEST OF COUNCIL:
The applicant is requesting the following land use approvals:
Temporary and Seasonal Use Review (26.450.030)
The applicant is requesting Temporary Use approval related to a temporary structure in
accordance with Chapter 26.450 of the Land Use Code for a period of one hundred and five
(105) 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.
SUMMARY AND 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 2019-2020 winter season. The
history of requests are as follows:
• 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.
• 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.
• January 2015- Council granted temporary seasonal approval for the tent to be erected on -
site through April 15th of the same year. At the hearing Council was clear tha t this was a
one-time approval and that the applicant should not return to renew this request.
• October 2015- Council denied the request to erect the tent 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.
• December 2015- Council granted an 11-day temporary use approval (December 24, 2015-
through January 3, 2016) to erect the tent over the site’s public amenity space.
• December 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.
• November 2017- Council granted a 120-day temporary use approval for a significant
portion of the winter season (Resolution 157, Series 2017). A winter market was also
approved on Saturdays within the tent structure.
• August 2018- Council granted a 120-day temporary use approval for a significant portion
of the winter season (Resolution 122, Series 2018). A winter market was also approved on
Saturdays within the tent structure. The tent, including walls and roof were required to be
removed by April 21, 2019.
Page | 3
DISCUSSION & STAFF FINDINGS
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 five (105) days, to begin
on December 18, 2019 and end on March 31, 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.
This application is the sixth 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 Exhib it A.
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 five (105)
days of the year. The
applicant will be required to
pay $4,770.58 (estimate)
to mitigate for the covered
area. The applicant is
required to verify the size
of the covered area prior to
payment.
Figure 4: Previously approved temporary cover
Page | 4
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, 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.
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 a 105-day approval.
PROPOSED MOTION:
“I move to approve Resolution 137, Series of 2019 to allow the erection of a canvas/plastic tent
over the public amenity space at 305 S. Mill St. from December 18, 2019 through March 31, 2020.”
(note: the draft resolution also carries forward conditions from the 201 8 approval related to the
winter market)
FINANCIAL IMPACTS: N/A
ENVIRONMENTAL IMPACTS: N/A
CITY MANAGER COMMENTS:
_______________________________________________________________________
_______________________________________________________________________
_______________________________________________________________________
ATTACHMENTS:
Exhibit A – Staff Findings