HomeMy WebLinkAboutcoa.lu.tu.401 E Hyman Ave.0059.2015.ASLU0059.2015.ASLU 401 E HYMAN AVE
TEMP FOOD VENDING
27371821601
ScaSlI (o
v►�e�
ww"N01
Lj
THE CITY OF ASPEN
City of Aspen Community Development Department
CASE NUMBER 0059.2015.ASLU
PARCEL ID NUMBERS 2737 182 16 01
PROJECT ADDRESS 401 E HYMAN AVE
PLANNER SARA NADNOLY
CASE DESCRIPTION TEMP FOOD VENDING
REPRESENTATIVE NOAH ANNES
DATE OF FINAL ACTION 06/29/2015
CLOSED BY ANGELA SCOREY ON: 12/13/2015
0 0
.Z? 371$2 ( (--o ( 00Sq- 2o�s. �sut
Permits
File Edit Record Navigate Form Reports Format Tab Help
Main Custom Felds Routing Status Fee Summary Aeons Routing History
'o
Permit type aslu Aspen Land Use
Permit 0059 2015 ASLU
v
Address 1401 EHYMAN AVE
AptfSude
°off',
City ASPEN
State CO Zip 61611-2903
Q
K
Permit Information
o
Master permit
Ra"queue aslul5 Applied 06/26/2015
Project
status pending ApproVed
o:
y
Description APPLICATION FOR RED FOX FROZEN YOGURT TEMP USE VENDING Issued
Closed/Final
Submitted NOAH ANNES 612 743 6214
Clods Running Days a Expires 06I20?2O16 =
Submitted via 00
owner
Last name ILINDER First name JERJKA 401 E HYMAN AVE
PEN CO 81611-2903
Phone (I Address
Applicant
❑ Owner is applicant? ❑ Contractor is applicant?
Last name JED FOX FROZEN YOGURT First name INOAH ANNES 401 E HYMAN AVE
ASPEN CO 81611-2903
Phone (612) 7434274 Oust t 130124 Address
Email NOAHANNES@GMAILCOM
Lender
Last name
Phone ( )
�- �p3o
sZ„�o,`„� 38Z3L
First name
Address
AspenGold5 (server: angelas -1 of 1
vt(Ui'�
-
�p;
.�PAI � 1
s
"as
0 0
NOTICE OF APPROVAL
OUTDOOR FOOD/BEVERAGE VENDING LICENSE TO ALLOW A FOOD
VENDING OPERATION ON THE PROPERTY LOCATED AT 401 E. HYMAN
AVE, LOT A, BLOCK 89, CITY AND TOWNSITE OF ASPEN
Parcel ID No. 273718216001
APPLICANTS: Noah Annes
P.O. Box 6696, Snowmass Village, CO 81615
SUBJECT &
SITE OF APPROVAL: Private outdoor space located at 401 E. Hyman Ave,
involving the approval of Outdoor Temporary Food
Vending. The business is operating as SnoYo LLC, and
commonly known as Red Fox Frozen Yogurt.
SUMMARY:
The Applicant has requested the renewal of an outdoor food/beverage vending license for
the purpose of operating a frozen yogurt stand on the private outdoor space at 401 E.
Hyman Ave, in the space in front of the Art Tee Gallery. The temporary approval will
permit operations for a period of one year from the date of this approval.
STAFF EVALUATION:
Pursuant to Section 26.470.060 (8), Outdoor food/beverage vending license, of the City
of Aspen Land Use Code, Outdoor food/beverage vending is permitted in the
Commercial Core (CC), Commercial (Cl), Neighborhood Commercial (NC) and
Commercial Lodge (CL) zone districts when specific review criteria are met. Per the
review criteria/operational requirements, the applicant is proposing the following:
Requirement
Proposal
Location
CC, Cl, NC or CL zone district
CC
Duration
12 months
12 months
Hours of operation
11 am — 11 pm
7 days a week
Frozen yogurt with self -serve
List of products
toppings, bottled water, assorted
canned beverages
Area of vending site
50 sq. ft.
49.5 sq. ft.
The applicant has provided verification from the building owner to operate at this
location. Also, the applicant has received approval from the City's Environmental Health
Department for the proposed operation, possesses a valid City of Aspen Business
Page 1 of 2
• 0
License, and has presented a valid food vending license from the State of Colorado Dept.
of Public Health and Environment for 2015.
DECISION:
Staff finds that the proposal for an outdoor food/beverage license meets the design,
location, and operation requirements of Section 26.470.060 (8) of the Land Use Code
and grants APPROVAL for a one year term beginning on June 2 ,, 2015.
APPROVED BY:
Chris Bendon
Community Development Director
Attachments:
Exhibit A — Review Criteria (in file)
Exhibit B — Application (in file)
e-
j utc 0/ 1 c::;-
Date
Page 2of 2
CJ
•
Exhibit A
Review Criteria
26.470.060.8. Outdoor food/beverage vending license_ Outdoor food/beverage vending shall
be approved, approved with conditions or denied by the Community Development Director
based on the following criteria:
a. Location. All outdoor food/beverage vending must be on private property and may be
located in the Commercial Core (CC), Commercial (Cl), Neighborhood Commercial
(NC), or Commercial Lodge (CL) zone districts. Outdoor Food Vending may occur on
public property that is subject to an approved mall lease. Additional location criteria:
Staff Response: This is a renewal request for an operating Frozen Yogurt outdoor
food stand at 401 E. Hyman Ave. The business is entirely located on private property
within the CC zone district. Staff finds this criterion to be met.
1) The operation shall be in a consistent location as is practically reasonable and not
intended to move on a daily basis throughout the duration of the permit.
Staff Response: The business shall remain in the same location on the site
throughout the duration of this permit. Staff finds this criterion to be met.
2) Normal operation, including line queues, shall not inhibit the movement of pedestrian
or vehicular traffic along the public right-of-way.
Staff Response: Line queues will be directed to form on the concrete pad that is part
of the private property at this location, and will not interfere with pedestrian movement
along the Mill St. or Hyman Malls. Staff finds this criterion to be met.
3) The operation shall not interfere with required emergency egress or pose a threat to
public health, safety and welfare. A minimum of six (6) foot ingress/egress shall be
maintained for building entrances and exits.
Staff Response: The Applicant will maintain a minimum of 6' ingress/egress to the
building entrance, and will not pose a threat to public health, safety and welfare. Staff
finds this criterion to be met.
b. Size. The area of outdoor food/beverage vending activities shall not exceed fifty (50)
square feet per operation. The area of activity shall be defined as a counter area,
equipment needed for the food vending activities (e.g. cooler with drinks, snow cone
machine, popcorn machine, etc.), and the space needed by employees to work the food
vending activity.
Staff Response: The structure measures 5.5' x 9', for a total size of 49.5 sq. ft. in size.
Staff fins this criterion to be met.
c. Signage. Signage for outdoor food/beverage vending carts shall be exempt from those
requirements found within Land Use Code Section 26.510, Signs, but not excluding
Prohibited Signs. The total amount of signage shall be the lesser of fifty percent (50%)
of the surface area of the front of the cart, or six (6) square feet. Sign(s) shall be painted
on or affixed to the cart. Any logos, lettering, or signage on umbrellas or canopies counts
0 •
towards this calculation. Food carts may have a sandwich board sign in accordance with
the regulations found within Chapter 26.510.
Staff Response: Signage for the business does not exceed the allowable 6 sq. ft. in size.
The business does not employ the use of a sandwich board at this time. Staff finds this
criterion to be met.
d. Environmental Health Approval. Approval of a food service plan from the Environmental
Health Department is required. The area of outdoor food vending activities shall include
recycling bins and a waste disposal container that shall be emptied daily and stored inside
at night and when the outdoor food vending activities are not in operation. Additionally,
no outdoor, open -flame char -broiling shall be permitted pursuant to Municipal Code
Section 13.08.100, Restaurant Grills.
Staff Response: The Applicant has received approval from the Environmental
Health Dept, and has presented a current food vending license from the State of
Colorado Dept. of Public Health and Environment for the year 2015. Staff finds this
criterion to be met.
e. Building and Fire Code Compliance. All outdoor food/beverage vending operations
must comply with adopted building and fire codes. Applicants are encouraged to meet
with the City's Building Department to discuss the vending cart/stand.
Staff Response: The business has met all necessary adopted building and fire codes,
and previously met with these departments prior to the first year of operating this stand
Staff finds this criterion to be met.
f. Application Contents. An application for a food/beverage vending license shall include
the standard information required in 26.304.030.B, plus the following:
1) Copy of a lease or approval letter from the property owner.
Staff Response: The Applicant has provided a copy of the lease to operate his
business on this site from the property owner. Staff finds this criterion to be met.
2) A description of the operation including days/hours of operation, types of food and
beverage to be offered, a picture or drawing of the vending cart/stand, and proposed
signage.
Staff Response: The Applicant has provided a description of the hours of operation,
types of food and beverage to be offered, and an image of the vending stand, including
signage and size dimensions. Staff finds this criterion to be met.
3) The property survey requirement shall be waived if the applicant can demonstrate
how the operation will be contained on private property.
Staff Response: The Applicant has provided a detailed image of the location of the
business. Staff has found it to be contained to private property. Staff finds this
criterion to be met.
g. License Duration. Outdoor food/beverage vending licenses shall be valid for a one (1)
year period beginning on the same the date that the Notice of Approval is signed by the
Community Development Director. This one (1) year period may not be separated into
non-consecutive periods.
2
0 •
Staff Response: The Applicant understands this license is good for a period of one
year from the date of approval.
h. License Renewal. Outdoor food/beverage vending licenses may be renewed. Upon
renewal the Community Development Director shall consider the returning vendor's past
performance. This shall include, but shall not be limited to, input from the
Environmental Health Department, Chief of Police, special event staff, and feedback
from adjacent businesses. Unresolved complaints may result in denial of a renewal
request.
Staff Response: The Applicant has reviewed and indicates understanding and
compliance with this criterion. Staff finds this criterion to be met.
i. Business License. The vending operator must obtain a business license.
Staff Response: The Applicant has a current business license with the City of Aspen.
Staff finds this review criterion to be met.
j. Affordable Housing and Impact Fees Waived. The Community Development Director
shall waive affordable housing mitigation fees and impact fees associated with outdoor
food/beverage vending activities.
Staff Response: The Applicant has reviewed and indicates understanding and
compliance with this criterion. Staff finds this criterion to be met.
k. Maintenance and public safety. Outdoor food/beverage vending activities shall not
diminish the general public health, safety or welfare and shall abide by applicable City
regulations, including but not limited to building codes, health safety codes, fire codes,
liquor laws, sign and lighting codes, and sales tax license regulations.
Staff Response: The Applicant has reviewed and indicates understanding and
compliance with this criterion. Staff finds this criterion to be met.
1. Abandonment. The City of Aspen may remove an abandoned food/beverage vending
operation, or components thereof, in order protect public health, safety, and welfare.
Costs of such remediation shall be the sole burden of the property owner.
Staff Response: The Applicant has reviewed and indicates understanding and
compliance with this criterion. Staff finds this criterion to be met.
m. Temporary Cessation. The Community Development Director may require a temporary
cancelation of operations to accommodate special events, holidays, or similar large public
gatherings. Such action will be taken if it is determined that the food/beverage cart will
create a public safety issue or create an excessive burden on the event activities.
Staff Response: The Applicant has reviewed and indicates understanding and
compliance with this criterion. Staff finds this criterion to be met.
n. License Revocation. The Community Development Director may deny renewal or revoke
the license and cause removal of the food/beverage vending operation if the vendor fails
to operate consistent with these criteria. An outdoor food/beverage vending license shall
not constitute nor be interpreted by any property owner, developer, vendor, or court as a
site specific development plan entitled to vesting under Article 68 of Title 24 of the
Colorado Revised Statutes or Chapter 26.308 of this Title. Licenses granted in this
3
0
•
subsection are subject to revocation by the City Manager or Community Development
Director without requiring prior notice.
Staff Response: The Applicant has reviewed and indicates understanding and
compliance with this criterion. Stafffinds this criterion to be met.
4
Amk
FRONT
Signage 38 in x 13 in
Stand 9ftx8ft
RECEIVED
JUN 2 4 ?^';
t7` MW �PMEf i
Point of Sale Window
Signage 30 in x 10.75 in
Stand 5.5 ft x 8 ft
E
•
OR 0010 (0108112) STATE OF COLORADO
DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT
LICENSE TO OPERATE A RETAIL FOOD ESTABLISHMENT
3277
$115.00
ACCOUNT NUMBER
use for all references
LIABILI-IY INFORMATION
ISSUE DATE
LICENSE VALID TO
DECEMBER 31
cOtnny cny mdust type lob,m;-_irte
month I day year
30160512-0000
PIT Aspen Food Service 1/1/2014
1/1/2015
2015
THIS LICENSE MUST BE POSTED AT THE FOLLOWING LOCATION:
401 E HYMAN AVE, ASPEN CO 81611
SNOYO LLC
DBA: RED FOX FROZEN YOGURT
PO BOX 6696 SNOWMASS VILLAGE CO 81615
This certifies that licensee shown hereon
is authorized and licensed to engage
in business in accordance with the
provisions of the law and regulations of
the Colorado Department of Public Health
and Environn-ant Any alterations mado
on this license will automatically make it
null and void.
POST IN A
License Issued City of Aspen Environmental Health and Sustainability Department CONSPICUOUS
130 S Galena Street, Aspen CO 81611 970-920-5039 PLACE
♦ Detach Here
`1�vy
U
RECEIVED
JUN 2 4 2Q'5
CITY OF ASPEN
CM19MITY -DR-TROPMENI
RECEIVED
ATTACHMENT 2 —LAND USE APPLICATION AN 2 2 2015
PROJECY:
Name: k6D fox E2o7.6N Io6-UgT
Location: _ yoI F_. 4ymp--, Ave- C:12, d low- s;k QC A-sp&2i 1-4 !+ %lock- 89
(Indicate street address, lot & block number legal description where appropriate)
Parcel lDh(RL'QUIRED) 273-71821ro00�
4PPI.ICANT:
Name. _1 aAt,4 ANNES
Address: Po Qox 616IN2 'irQw&04S VA-1 , co Af rs
Phone 9: %t2.7U 3 6 744
RLPRF-%FNTA'rn'e:
Name: iuoA J.} 4n1tiC'9
Address: Po ?ox ko9�- Snowy-404C 1,A .t Co g
Phone:: �12.'7Lt3 �27(4
.. ul•. yr tirri.li- A r W..: tpiease cnech au uiat appiy):
❑
GMQS Exemption
❑
GMQS Allotment
❑
Special Review
❑
ESA - 8040 Greenline, Stream
Margin, Hallam Lake Bluff,
Mountain View Plane
❑
Commercial Desip Review
❑ Residential Design Variance
❑ Conditional Use
❑ Conceptual PUD
❑ Final PUD (& PUD Amendment)
❑ Subdivision
❑ Subdivision Exemption (includes
condominiumization)
❑ Lot Split
❑ Lot Line Adjustment
®
Temporary Use
❑
Text/Map Amendment
❑
Conceptual SPA
❑
Final SPA (& SPA
Amendment)
❑ Small Lodge Conversion/
Expansion
❑ Other:
ExIsTING CO,,'wi-iom: (description of existing buildings, uses, previous approvals etc.)
PC�-;o
Noms.m.: (description of -proposed buildings, uses, modifications, etc.
S rr u l [ 4 -bT4, y o � —rj- S � 5 V' &I w
Po PJi "' 4.:. 4 4_Se_C� S[_rVi �P1.il i �vi�n.J
la%e you attached the follo,�`mg' piwPq nur- a 4r
❑ Prc-Application Conference Summary - - -
❑ Attachment `tl, Signed Fee Agreement
❑ Responx to Attachment #3, Dimensional Requirements Form
❑ Response to Attachment t,4, Submittal Requirements- Including Written Responses to Review Standards
❑ 3-1) %lode] for large project
All plans that are larger than 8.5" X 11" must be folded. A disk with an electric copy of all written teat
(,'Nicr(ysoft Word Format) must be submitted as part of the application. Large scale projects should include an
electronic 3-D model. Your pre-appliration conference summary will indicate if you must submit a 3-D model
•
•
ATTACHMENT 3
DIMENSIONAL REQUIREMENTS FORM
Proiect: �t,,, rRon--N y-euK7"
Applicant: tvoAk A,;JES
Location: 4ot E flr^,an
Zone District: C,,,,,,,,,�;�„� C�r�
Lot sire:
Lot Area: 2Y90 to��!
(for the purpK)ws of calculating Floor Area, Lot Area may be reduced for areas
within the high water mark, easements, and steep slopes. Please refer to the
definition of Lot Area in the Municipal Code.)
Commercial net leasable: Existing:
Proposed:
Number of residential units: Existing:
Proposed:
Number of hedrooms: Existing:
Proposed:
Proposed % of demolition (I listoric properties only):
DIMENSIONS:
Floor Area:
Existing:
Principal bldg. height:
Existing:
Access. bldg. height:
Existing:
On -Site parking:
Existing:
% Site coverage:
Existing:
% Open Space:
Existing:
Front Setback:
Existing:
Rear Setback:
Existing:
Combined F,R:
Existing:
Side Setback:
Existing:
Side Setback:
Existing:
Combined Sides:
Existing:
Distance Between
f: Ating
Buildings
Allowable:
Proposed:
Allowable:
Proposed:
Allowable:
Proposed:
_Required:
Proposed:
_Required.
P,vpoosed.
_Required.•
Proposed.•
_Required:
Proposed:
_Required:
Proposed:
_Required:
Proposed.•
_Required.•
Proposed:
_Required.•
Proposed:
_Required:
Proposed. -
Required.
Proposed:
lxisting non -conformities or encroachments:
Variations requested:
0
U
THE CITY OF ASPEN
Land Use Application
Determination of Completeness
Date: June 23, 2015
Dear City of Aspen Land Use Review Applicant,
RECEIVEI)
JUN 2 4 2m
Ci lY Ot ASPEN
'"" `k"? OPX OPMENI
We have received your land use application for Red Fox Frozen Yogurt —Outdoor Food Vending
and reviewed it for completeness.
Your Land Use Application is incomplete:
Please submit the following missing submission items.
1) Proof of sign area compliance. Please submit materials showing actual compliance with
the sign allowances for outdoor food vending.
2) Lease or approval letter. Please provide a copy of the lease or an approval letter from the
property owner to operate.
3) Environmental Health approval. Please provide verification from the Environmental
Health department that you have an approved food service plan.
❑ Your Land Use Application is complete:
If there are not missing items listed above, then your application has been deemed complete.
Other submission items may be requested throughout the review process as deemed necessary by
the Community Development Department. Please contact me at 429-2759 if you have any
questions.
rTha ou,
ti l�
fifer he , Deputy Planning Director
City of AsTofi, Community Development Department
For Office Use Only:
Mineral Rights Notice Required
Yes No
GMQS Allotments
Yes Now
Qualifying Applications:
New PD
Subdivision, or PD (creating more than 1 additional lot)
Residential Affordable Housing
Commercial E.P.F. Lodging
June 15, 2015
To Whom It May Concern,
Noah Annes is applying to renew an outdoor vending permit for Red Fox Frozen Yogurt. A small
stand that sells frozen yogurt and refreshments on the corner of E. Hyman Ave and South Mill
St on property owned by Erika Linder, co-owner and manager of Linder Properties. The current
tenant for the adjacent space is Robert D Bosselli, Manager of O'bos Enterprises, LLC owners
of Art Tee Gallery.
We are operating as SnoYo LLC and doing business as Red Fox Frozen Yogurt. The stand is
located at 401 E. Hyman Ave, Aspen, CO 81611.
The authorized representative will be Noah Annes. I can be reached by mail at PO Box 6696,
Snowmass Village, CO 81615. By phone at 612.743.6274.
Sincerely,
Noah Annes
Owner Red Fox Frozen Yogurt
RECEIVED
Qds� 201� JUN 2 2 2015
CITY OF ASPEN ,, CITY OF ASPEN
PRE -APPLICATION CONFERENCE SUMMARY 004VNITY T ELOPMENT
PLANNER: Sara Nadolr,y, 970 429 27,39 DATE: 6/15/2015
PROJECT: Temporary Outdoor Food Vending
REPRESENTATIVE: Noah Ar.nes 612.743.6274
REQUEST: Renewa' of outdoor vending approval
DESCRIPTION: The applicant is requesting a renewal of his Temporary Outdoor Food Vending approval to
maintain, a food vending business on pr,vate property located on the southeast comer of Mill St. and Hyman
Ave 7-he appl;cants bus ness is Fox Frozen. Yogurt. An outdoor vending approval is valid for one year of
operation. and will need to be updated yearly. as needed. Any changes to food or operation plan from the
previous year will need to be reviewed by the Environmental Health Dept.
Below are links to the Land Use Application form and Land Use Code for your convenience:
Land Use App:
http llw,vw aspenpitkin com/Portals/0/docs/City/Comdev/Apps%20and%20Fees/2013%20land%2Ouse%20a
pp%:20form pdf
Land Use Code:
http://www.aspenpitkin.comIDepartments/Community-Development/Planning-and-Zoningrritle-26-Land-Use-
Code:
Land Use Code Section(s)
26.304 Common Development Review Procedures
26.470.060.8 Outdoor food/beverage vending license
Review by: Staff for complete application
Public Hearing: None
Planning Fees. $81.00 flat fee
Total Deposit: $81.00
To apply, submit the following information:
[9 Completed Land Use Application and signed fee agreement.
C Pre -application Conference Summary (this document).
ER Street address and legal description of the parcel on which development is proposed to occur,
consisting of a current (no older than 6 months) certificate from a title insurance company, an
ownership and encumbrance report, or attorney licensed to practice in the State of Colorado, listing
the narnes of all owners of the property, and all mortgages, judgments, liens, easements, contracts
and agreements affecting the parcel, and demonstrating the owner's right to apply for the
Development Application.
ASLU
Temporary Outdoor Food Vending
401 E. Hyman Ave.
273718221002
1
Q kpp+�ca^t s nar*v address and te{ephone number in a letter signed by the applicant that states the
na-* address and te+ephone number of the representative authorized to act on behalf of the
arppo: Cant
R HC1- Comphance form (Attached)
0'c I- wntte- desrlpt,c- c` the proposa' and an explanation in written, graphic, or model form of how the
propcsed development cemp!!es wrth the review standards relevant to the development application
anC rc!evant 'and use app-ova!s associated with the property.
%2' A site improvement survey (no older than a year from submittal) including topography and vegetation
showing the current status of the parcel certified by a registered land surveyor by licensed in the
State of Colorado
R Written responses to all review criteria.
Q An 8 112' by 11' vicinity map locating the parcel within the City of Aspen.
❑ 1 Complete Copy. If the copy is deemed complete by staff, the following items will then need
to be submitted:
❑ 1 additional copy of the complete application packet and, if applicable, associated drawings.
❑ Total deposit for review of the application.
❑ A digital copy of the application provided in pdf file format.
Disclaimer:
The foregoing summary is advisory in nature only and is not binding on the City. The summary is based on
current zoning, which is subject to change in the future, and upon factual representations that may or may
not be accurate. The summary does not create a legal or vested right.
2
0 0
Vicinity Map - Red Fox Frozen Yogurt
Aspen Community `
Untitled layer United Methodist Church
v) di
Red Fox Frozen Yogurt
Q E Bl eeker St U
z
Untitled layer o
Rio t;fa
Aspen Chamber
Resort Association
Hotel Jerome
Park --
Aspen Brewing az `
Pitkin Count
NOPkir7S Ave
t/) Peach's Corner Cafe
Whitman Fine Properties E Hopkins
■ Ave
Royal Street Fine Art
EHymanAve Wheeler Opera House 6 EH�
■ pki
Q Limelight ENymanAve
co
W `
co w
c
Z The Red Onion 2 EHyrn
oCl) �1 Cl)
c Z
0
Wagner Park
Cij Aspen Art f
EDurantAve Rubey Park Belly Up Aspen ECOOperA
� Y
Dean Ct c 1
E DOrant Ave
E Dean St
� 8
■ Aspen Mountain EDUr,
Aspen Outfitting Ski Resort - Aspen...
c65
St
C/) \� C�L
JOanitc St ON
CID
Shark St •
\1
•Map data 02015 Google
How Red Fox Complies With the Review Standards for Outdoor Food/Beverage Vending
License
Section 26.470.060.8
a. Location. We are located on private property in the Commercial Core
1) Red Fox Frozen Yogurt will be in the same location and will not move on a daily basis
2) Normal operation will not inhibit pedestrians as we have room for a line queue on the
concrete pad that is part of the property we lease
3) Operation will not interfere with "emergency egress or pose a threat to public health,
safety or welfare."
b. Size. Our structure is 5.5' x 9' and houses all necessary equipment and employess and does
not exceed 50 sq/ft
c. Signage. Our signage follows all guidelines as set forth.
d. Environmental Health Approval. Our food service plan has been approved and we are in
good standing with Environmental Health Dept. We have recycling bins and garbage cans that
get emptied daily and are stored inside at night.
e. Building and Fire Code Compliance. Red Fox met with the building department and fire
department prior to opening. We comply with all necessary codes.
f. Application Contents.
1) Lease - on file with original application
2) Description - included
3) Property Survey - all operations are contained to private property
g, h, i, j, k, I, m, n - understood
E
•
„1�CEWER
JUN 2 4 70'. �
CITY U OPMEN�
cowAMT`�
COMMERCIAL LEASE
COMMERCIAL LEASE: This Commercial Lease ("Lease") is entered into this 3rd
day of June, 2013 by and between Erika Lindner, Trustee of the Fritz and Erika Lindner
Revocable Family Trust ("Landlord') and SnoYo LLC ("Tenant").
LEASED PREMISES: In consideration of the mutual covenants and agreements set
forth herein and in the full Commercial Lease ("Lease") to which this Summary is attached,
which Lease is made a part hereof by this reference, Landlord does hereby lease to Tenant, and
Tenant does hereby lease from Landlord, the following described Leased Premises:
approximately 240 square feet of street level rental area at 401 East Hyman Avenue, Aspen,
Colorado 81611, ("Leased Space").
TERM: The term of this Lease (the "Term") shall commence on the 3rd day of June,
2013 (the "Commencement Date"), and shall expire on the 30th day of September, 2013 (the
"Expiration Date").
The Leased Premises are accepted by Tenant in "as is" condition and configuration.
TENANT HEREBY AGREES 'I11AT 111E LEASED PRF.mism ARE IN GOOD ORDER AND SATISFACTORY
CONDITION AND TIIAT, EXCEPT AS OTI IiRW1SE EXPRESSLY SET FOR"111 IN TIIIS LEASE, Ttit-RE ARENO
REPRESENTATIONS OR WARRANTIES OF ANY KIND, F.XIW, 3S OR IMPLIED, BY LANDLORD REGARDING
T11E LEAsm) PRmsm, Ti E BUILDING OR 1111. PROM?RTY.
RENT: Commencing on the Commencement Date and continuing through the Term,
Tenant agrees to pay Landlord, at 66966 7'en Peaks Court, Bend, Oregon 97701 or at such other
place as Landlord may from time to time designate in writing to Tenant, a Base Rent rate of
$10,100,00 for the four month Lease Term for the Leased Premises payable in full in advance on
the Commencement Date.
USE: Tenant shall use the Leased Premises only for the purpose of operating a
frozen yogurt dessert sales kiosk.
GUARANTY: This Lease shall be fully and irrevocably Guaranteed jointly and
severally by Rom Bower Mrss and Noah Annes as outlined in the Guaranty of Lease attached
hereto as Exhibit A.
INSURANCE: Tenant shall carry liability insurance, covering its use of the Leased
Space and, if applicable, all-risk insurance covering Tenant's property stored thereon, and shall
add Landlord as an additional insured on any such insurance policy. With respect to all
insurance coverages maintained by Tenant hereunder, such coverages shall be primary insurance
as they apply to Tenant. Tenant assumes all risk and waives all claims it may have against
Landlord for damage to or loss of property (including theft) or injury to persons within or about
Page 1 of 7
0 •
the Leased Space and the Property relating in any manner to the existence, use or operation of
Tenant's business, unless resulting from the gross negligence or willful misconduct of Landlord.
UTILITIES: Tenant shall have access to electricity at the Leased Premises, such
access is to be established at an access point acceptable to and by mutual consent with the owner
of Art Tee Gallery. Tenant agrees that Tenant will not install any equipment which will exceed
or overload the capacity of any utility facilities, and that if any equipment installed by Tenant
shall require additional utility facilities, they shall be installed and maintained at Tenant's sole
cost and expense in accordance with plans and specifications which have received prior written
approval of Landlord and any additional facilities or improvements shall be permitted by the City
of Aspen.
Tenant shall be responsible for, and agrees to promptly pay for, all charges for
electricity furnished to the Leased Premises, and shall indemnify Landlord and hold Landlord
harmless from and against any liability or charges on account thereof. In the event any such
utility charges are not paid by Tenant when due, Landlord may, at Landlord's sole option, pay
the same to the utility company, and any amount so paid by Landlord shall become additional
rent due and payable by Tenant on the first day of the month following the month in which
Landlord made such payment. With regard to all utilities, whether or not supplied by Landlord,
it is mutually agreed that Landlord shall not be liable in damages or otherwise for any
interruption or failure thereof.
LICENSES AND PERMITS: Tenant agrees to obtain and maintain in good standing
at all times all legally required licenses and permits and shall comply with all applicable laws
relating to or affecting the use or occupancy of the Leased Space.
If Tenant is unable to obtain necessary permits from the City to commence
operations, this Lease shall be considered null and void and Tenant shall be reimbursed the full
amount of Base Rent paid.
DEFAULT: Tenant shall be in default under the Lease, and the Lease shall
automatically terminate if (1) Tenant fails to pay rent for any period within ten (10) days from
the date such rent is due, OR (2) Tenant fails to comply with any of the non -monetary terms and
conditions of the Lease, and Tenant fails to cure such breach within ten (10) days or receipt of
written mice from Landlord. In the event of any such default, Landlord shall be entitled to any
and all remedies available to Landlord at law or in equity, and Tenant shall pay to Landlord,
upon demand, all expenses incurred by Landlord in enforcing its rights and remedies under the
Lease, including all attorney's fees.
ASSIGNMENT AND SUBLEASING: Tenant shall not assign, sublet, encumber,
pledge, or use as collateral in any fashion, this Lease or the Leased Premises without the prior
written consent of Landlord, which such consent shall be in Landlord's sole discretion.
INDEMNITY: Except for Landlord's gross negligence or willful misconduct,
Tenant agrees to and shall save, hold and keep harmless and indemnify Landlord, from and
Page 2of7
0
JUN 2 4 ?015
CITY Or AbPEN
C(MMMITY OMLOPMEN1
against any and all liabilities, obligations, damages, payments, penalties, expenses, costs, claims,
actions, attorneys' fees and other professional fees that may be imposed upon, incurred by or
asserted against Landlord that arise out of or in connection with any damage or injury occurring
in the Leased Premises. Tenant agrees to make no claim against Landlord for or on account of
any loss or damage by reason of fire or other casualty (including utility breakage or malfunction)
except as expressly set forth in this Lease or as may be caused by the gross negligence or willful
misconduct of Landlord. Landlord shall not be liable for damage to personal property in or
about the Leased Premises unless caused by the gross negligence or willful misconduct of
Landlord. This indemnification clause shall not be construed to create any right of action or
basis of claim on behalf of any third party against either party hereto. The indemnity set forth in
this Article shall survive the Expiration Date or earlier termination of this Lease.
COVERNANT OF QUIET ENJOYMENT: So long as Tenant is not in default
hereunder during the Term and any renewal or extension thereof, Landlord covenants that Tenant
shall peaceably and quietly occupy and enjoy the Leased Premises subject to the terms hereof.
Landlord warrants and agrees to defend the title to the Leased Premises, and further warrants that
it has full authority to execute this Lease.
Upon Tenant's vacating of the Leased Space at the end of the Lease Term, Tenant
shall peaceably surrender to Landlord the Leased Space, broom -clean and in the condition the
same was in on the Commencement Date of the Lease Term and the Commencement Date of any
Lease Term covered under the option to extend.
OPTION TO EXTEND: Tenant shall have the option to extend the Lease for three
additional four -months Terms as outlined below, each option to be exercised in writing no later
than March I" of each year for which the option to extend is being exercised. Notice shall be
sent to Landlord by registered or certified mail, postage prepaid and return receipt requested or sent by
overnight courier service. Written notice of intention to extend the Lease shall include payment of
one fourth (1/4) of the Lease Term's rent or $2,525.00. The remaining balance of rent due for
the four month term, $7,575.00, shall be due and payable in full on June 1', the Commencement
Date of each extension period.
BROKERAGE: Landlord warrants and represent that it has not dealt with any real
estate broker or agent in connection with this Lease or negotiation. Costs or other obligations or
liabilities connected with any real estate broker or agent with whom Tenant has entered into any
agreement in connection with this Lease or its negotiation shall rest solely and entirely with the
Tenant. Tenant shall indemnify, defend and hold Landlord harmless from any cost, expense, or
liability, (including, without limitation, costs of suits and reasonable attorneys' fees) for any
compensation, commission, or fees claimed by any real estate broker or agent in connection with
this Lease (including but not limited to any renewals) or its negotiation.
Page 3 of 7
•
0
This Lease constitutes the complete and final expression of the agreement of the
Pames relating to the Leased Space and supersedes all previous agreements and understandings
of the Party es, a ther oral or an nen, M ab ng to the Leased Space.
This Lease shall be binding upon the parties hereto, their successors and assigns, and
"I become effective only after the full execution and delivery hereof by Landlord and Tenant,
and rempt by Landlord of Tenam's paymem of first month's rent.
This Lease shall be governed by the laws of the State of Colorado.
IN WITNESS WHEREOF. Landlord., Tenant, and Guarantors have executed this
Commercial Lease: Summary of Business Terms on the day and year first above written.
LANDLORD. The Fritz and Erika Lindner Revocable
Family trust and the Erika L. Lindner Trust
Bye, A G
Erika Lindner, Trustee
TENANT: SnoYo LLC, a Colorado Limited Liability
Company
By q�V, ��M
Rom Bower Huss, Me r / Owner
By � l (j,Z��11
No6Lh Armes, Member / Owner
Page 4 of 7
RECEIVED
JUN 2 4 ?^--
C!?-v
rn; .
STATE OF OREGON )
) ss.
COUNTY OF J S1%4i17k )
On C-3!--� , 2013, before me, the undersigned, a Notary Public in and for said Scale,
personally appeared ERIKA L. LINDNER, as Trustee of the Fritz and Enka Lindner Reyocabk Family
Trun and Trustee of the Enka L. Lmdner Trust and that by her signav= oa the instnurrcat, execatod the
instrument.
WITNESS my hand and official seal.
By ! `�� ( �' Notary Public
rZx�iius 3
(V =jPkHON0A
EAL
TOSELLOREGON. 476680ACN 11, 2017
STATE OF COLORADO=
ss.
COUNTY OF PITKIN )
On J' 2013, before me, the undersigned, a Notary Public in and for said State,
personally appeared Rom Bower Hass, as Co-Uwner of SnoYo LLC, a Colorado Limited Liability
Company, and drat by his signature on the insmuncat, executed the instrument.
WITNESS my,hand and official seal.
By Notary Public
C 01^i r+^ I ux r) /L- TODD A LAY
NOTARY PUBLIC
STATE OF COLORADO
NOTARY ID 19994002103
MY COMMISSION EXPIRES ANUARY 23, 2013
STATE OF COLORADO
ss.
COUNTY OF PITK1N )
On Jai,,) y , 2013, before me, the undersigned, a Notary Public in and for said State,
personally appeared Noah Acores, as Co -Owner of SaoYo LLC, a Colorado Limited Liability
Can{ztery,and that by his signature on the instrumenR, executed the instrument.
WITNESS my )rand and official seal.
By
Comiols
Page 5 of 7
51 / - 7>-7.v/s`
Notary Public
TODD AALLAY
NOTARY PUBLIC
STATE OF COLORADO
NOTARY ID 19994002103
W COMMISSION EXPIRES 14NUAPY 25, 2015
•
0
Guaranty of Lease
1. Guaranty: To induce ErikaL. Lindner, as Trustee, or the successor Trustee of the
Fritz and Erika Lindner Revocable Family Trust and Trustee of the Erika L. Lindner Trust
("Landlord"), to enter into the Commercial Lease (the "Lease"), with SnoYo LLC ("Tenant"),
the undersigned "Guarantor" executes and delivers this Guaranty of Lease (this "Guaranty")
pursuant to which Guarantor absolutely, unconditionally and irrevocably guarantees to Landlord
jointly and severally (a) payment to Landlord when due of (1) all Base Rent; (ii) all costs
incurred by Landlord in enforcing its rights and remedies under the Lease and/or this Guaranty,
including reasonable attorneys' fees, court costs and investigation expenses; (iii) all amounts
payable by reason of any indemnity, breach of warranty or event of default by Tenant under the
Lease; and (b) performance of all of Tenant's other obligations under the Lease (collectively,
"Guaranteed Obligations"). Guarantor further guarantees to pay Tenant's share of electric utility
expenses as mutually agreed between Tenant and the Art Tee Gallery. This is a continuing
guaranty of payment and not of collection and Guarantor's liability is primary and not secondary.
Landlord may, at its option, proceed against Guarantor without first commencing an action or
obtaining a judgment against Tenant or any other party. Unless otherwise expressly provided in
this Guaranty, all capitalized terms shall have the same meanings as in the Lease.
2. Representations and Warranties. Guarantor represents and warrants, as a material
inducement to Landlord to enter into the Lease, that (a) this Guaranty and each instrument
securing this Guaranty have been duly executed and delivered and constitute legally enforceable
obligations of Guarantor, (b) there is no action, suit or proceeding pending or, to Guarantor's
knowledge, threatened against or affecting Guarantor, at law or in equity, or before or by any
governmental authority, which might result in any materially adverse change in Guarantor's
business or financial condition, (c) as of the date hereof, Guarantor's financial condition is
adequate to secure Guarantor's obligations under this Guaranty; and (f) Guarantor has a bona
fide interest in Tenant's financial success.
3. Notice. Any notice or communication hereunder shall be given in writing by, and
deemed received upon, posting in a U.S. Postal Service receptacle, postage prepaid, registered or
certified mail, return receipt requested, or by expedited courier, where proof of delivery can be
4wwn, to Landlord as specified in the Lease, and to Guarantors at:
Rom Bower Hirss
P.O. Box 9444
Aspen, Colorado 81612
Tel 974-376-7770
Noah Annes
P O. Box 6696
Snawmasa Village, Colorado 81615
Tel. 612-743-6274
4, Interpretation. This Guaranty shall be governed by and construed in accordance
with Colorado law. The proper place of venue to enforce payment or performance under this
Guaranty shall be the county or other jurisdiction in which the Leased Premises are located. This
Page 6of7
0
instrument may not be changed, modified, discharged or terminated orally or in any manner
other than by an agreement in writing signed by Guarantor and Landlord. If Guarantor consists
of more than one person or entity, the word "Guarantor" shall apply to each such party, each of
whom shall be jointly and severally liable hereunder. The words "Guaranty" and "guarantees"
shall not be interpreted to limit Guarantor's primary obligations and liability hereunder.
5. Successors and Assigns. This Guaranty shall inure to the benefit of Landlord and its
successors and assigns, and shall be binding upon Guarantor and its executors, administrators,
successors, and assigns, Guarantors shall not assign any obligation hereunder without
Landlord's prior written consent.
IN WITNESS WHEREOF, Guarantors) exeaute this Guaranty as of June � . 2 0 1 . 3
GUARANTOR(S):
Rom Bower Iiirss
Noah Anna
RECEIVED
JUN 2 4 20115
CITY OF ASPEN
COMMUNITY DEVELOPMENT
Page 7of7
CJ
•
Proposal
I am applying to renew an outdoor vending permit to sell frozen yogurt and refreshments on the
South East corner of Hyman Ave E. and South Mill St. The frozen yogurt is self serve with four
different flavors of frozen yogurt and 18 toppings. We also serve cold beverages. Our frozen
yogurt is all natural Colorado yogurt with no artificial colors, sweeteners or preservatives.
Our operating hours are typically 11 AM - 11 PM. The structure is a 5.5' by 9' wood food cart
that was built specifically for the space.
•
E
Street Address and Legal Description
Street Address:
401 E. Hyman Ave
Aspen, CO 81611
Legal Description:
City and Town Site of Aspen
Lot A, Block 89
Parcel#273718216001
Homeowner Association Compliance Policy
All land use applications within the City of Aspen are required to include a Homeowner Association
CompL __ Form (this form) certifying the scope of work included in the land use application complies
with all applicable covenants and homeowner association policies. The certification must be signed by
the property owner or Attomey representing the property owner.
Property
Owner (T)
Address of
Property
(subject of
application)
Name: 1 o �—
Email: I`' Phone No.:
--- hoak-cv���rn,�l.c)) m <ol2.7y3.
cow. e{c µto( tOCA�k( eI. ale 611-.1e.l off' l '.•".' /`1,%/
a:toc:1-fc'.121 a-(Cortst: �%/ 6 yy1"4P. A-t
I certify as follows: (pick one)
® This property is not subject to a homeowners association or other form of private covenant.
This property is subject to a homeowners association or private covenant and the improvements
proposed in this land use application do not require approval by the homeowners association or
covenant beneficiary.
❑ This property is subject to a homeowners association or private covenant and the improvements
proposed in this land use application have been approved by the homeowners association or
covenant beneficiary.
I understand this policy and I understand the City of Aspen does not interpret, enforce, or manage the
app'i .abiiity. meaning or effect of private covenants or homeowner association rules or bylaws.
understand that this document is a public document.
Owner signature
Owner printed name:
or,
Attorney signature.
Attorney printed name
a4t4ke.4— date:
Nc.tk A-ti►)GS
date:
3
ORETAIN FOP
• pp59. 2 (;3 • WSW
Agreement to Pay Application Fees
An agreement between the City of Aspen (•City' and_
r— ------ - -- —
iProperty
Owner ('I') �!a.4H /-�t►.1tN�
Address of
Property. �lol E. f�j►�+s-. f}v�
Phone No. biz .743. 62
Email: r�y(S to,
Billing ✓
Address: Po B'"- ac.9.
(subject of (send bills here)
application)
I understand that the City has adopted, via Ordinance No. , Series of 2011, review fees for Land Use applications
and the payment of these fees is a condition precedent to determining application completeness. I understand
that as the property owner that I am responsible for paying all fees for this development application.
For flat fees and referral fees: I agree to pay the following fees for the services indicated. I understand that these
flat fees are non-refundable
$.0 d flat fee for
Select DeptIU�1111 0
$
flat fee for
Select Dept
$ 0
flat fee for
Select Dept $, 0
Sat
fee for
Select Review
For deposit cases only: The City and I understand that because of the size, nature or scope of the proposed
project, it is not possible at this time to know the full extent or total costs involved in processing the application. I
understand that additional costs over and above the deposit may accrue. I understand and agree that it is
impracticable for City staff to complete processing, review, and presentation of sufficient information to enable
legally required findings to be made for project consideration, unless invoices are paid in full.
The City and I understand and agree that invoices mailed by the City to the above listed billing address and not
returned to the City shall be considered by the City as being received by me. I agree to remit payment within 30
days of presentation of an invoice by the City for such services.
I have read, understood, and agree to the Land Use Review Fee Policy including consequences for non-payment.
I agree to pay the following initial deposit amounts for the specified hours of staff time. I understand that payment
of a deposit does not render an application complete or compliant with approval criteria. If actual recorded costs
exceed the initial deposit, I agree to pay additional monthly billings to the City to reimburse the City for the
processing of my application at the hourly rates hereinafter stated.
$ deposit for hours of Community Development Department staff time. Additional time
above the deposit amount will be billed at $325 per hour.
$ 0 deposit for 0 hours of Engineering Department staff time. Additional time above the deposit
amount will be billed at $265 per hour.
City of Aspen: Property Owner:
Chris Bendon
Community Development Director
Name: �QA AfJQ
City Use: 0 itle: OL-3
Ferns Due: S Received: S
i
AJ
M
M
0