HomeMy WebLinkAboutcoa.lu.tu.534 E Cooper Ave.A012-03534 E. Cooper St. Temporary Use Application
2737-182-24-008 A012-03
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CASE NUMBER
A012-03
PARCEL ID #
2737-182-24008
CASE NAME
Boogie's Diner Temporary Use Application
PROJECT ADDRESS
534 E. Cooper St.
PLANNER
James Lindt
CASE TYPE
Temporary Use Application
OWNER/APPLICANT
Lenny Weinglass
REPRESENTATIVE
owner
DATE OF FINAL ACTION
3/10/03
CITY COUNCIL ACTION
Reso 21-2003
PZ ACTION
ADMIN ACTION
APPROVED
BOA ACTION
DATE CLOSED
03/11/03
BY
D Driscoll
PARCEL ID: 2737-182 24008
PROJ ADDR:534 E. Cooper St.
ion q PLNR: James Lindt
CASE TYP: Temporary Use Application STEPS:r
OWN/APP: I Lenny Weinglass ADR 534E Cooper St.
REP: owner ADR:
FEES DUE: FEES RCV[
REFERRALS
CIS/Z: Aspen/CO/81611 PHN: 970-925-6111
CIS/Z: PHNI
STAT: �—
REF:r-- BY
MTG DATE REV BODY PH NOTICED
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RATE OF FINAL ACTION:
REMARKS CITY COUNCIL: s _
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CLOSED: Il C3 BY:
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PLAT SUBMITD: r- PLAT (BK,PG): ADMIN:I
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TO:
Mayor and City Council
THRU:
,
Julie Ann Woods, Community Development Director
FROM: James Lindt, Planner T_
V(1 I P101
RE: Boogie's Diner Temporary Use Permit- Public Hearing
�f
DATE: March 10, 2003 L sp��S
Location: (Ad el
Temporary Tent/Awning Boogie's Diner, 534 E. Cooper St. akj
Applicant: YWa
Leonard "Boogie" Weinglass C
Zone District: CC9 9496;_ s
Commercial Core
Land Use Request:,
—_ Temporary Use request to maintain tent
ii
over outdoor seating until end of Nlarch.
SUMMARY:
The Applicant, Leonard `Boogie" Weinglass, is requesting a temporary use permit to
maintain an awning/tent on the second floor patio of Boogie's Diner located at 534 E. Ohl
Cooper Avenue throughout the month of March. The Community Development t��rl�
Department has reviewed the request and recommends approval of the temporary use `
permit.
PREVIOUS COUNCIL ACTION:
�P
There have been no previous approvals to allow for the second floor patio at Boogie's
Diner to be tented.
BACKGROUND:
Boogie's Diner has erected a temporary tent structure (awning) over the second floor
patio to allow for the outdoor patio to be used as restaurant seating during portions of the
winter months. Staff put the applicant on notice that he requires temporary use approval
to maintain the tent structure and the applicant submitted the attached application in order
to remedy the zoning violation.
STAFF COMMENTS:
Staff believes that the applicant's request to maintain the tent -like structure during the
month of March allows for the restaurant to accommodate more visitors during this time
period. Currently, the applicant has approval to use the space for seating and does so
P102
during the summer months without tenting the area. Therefore, no new net leasable space
is technically being created. In addition, staff believes that allowing for the applicant to
tent the outdoor seating will not have an adverse affect on the surrounding area. The
applicant has maintained the tent for almost a month while waiting to get on a City
Council agenda. During the month timeframe, staff has not received a complaint about
the tent structure.
In the past, other restaurants in the immediate vicinity have received temporary use
approval to tent their outdoor seating in a similar fashion. An example of this is
Mezzaluna Restaurant that is located just about a block east of Boogie's Diner. In 1997-
1998, Mezzaluna Restaurant was granted temporary use approval to tent their outdoor
seating for several weeks during the winter season. Therefore, staff feels that there is
precedence for approving a temporary use of this nature. Additionally, staff does not feel
as if the tent stricture has a considerable negative affect on the visual appearance of the
building because it can only scarcely be seen from the public right-of-way. Thus, staff
believes that the proposal meets the temporary use review standards and recommends that
City Council approve the temporary use request.
The applicant has also requested to erect the tent at other times during the year in
addition to the month of March. The other time periods that the applicant has requested
to tent the patio area are during the week of Christmas through New Years, the week of
the X-Games, and President's Day Weekend. Therefore, staff has proposed a condition
of approval that allows for the Community Development Director to approve future
requests to tent the patio area for less than 14 days if he/she determines that it is
consistent with this original request.
RECOMMENDATION:
Staff recommends that City Council approve with conditions the proposed temporary use
to allow for Boogie's Diner to maintain the tent structure over the second floor patio area
throughout the month of March, 2003.
REcomM ENDED MOTION:
"I move to approve Resolution No. , Series of 2003, approving with conditions, a
temporary use permit to allow for Boogie's Diner located at 534 East Cooper Avenue to
tent their second floor patio throughout the month of March, 2003"
CITY MANAGER COMM YTS:
T
ATTACHMENTS:
Exhibit "A" — Review Criteria and Staff Responses
Exhibit `B" -- Application
•
• P105
REVIEW CRITERIA AND STAFF FINDINGS:
EXHIBIT A
26.450.030 Temporary Use
When considering a development application for a temporary use, City Council shall
consider, among other pertinent factors, the following criteria:
A. The location, size, design, operating characteristics, and visual impacts
of the proposed use.
Staff Finding:
Staff believes that the size and design of the temporary tent structure is functional to
allow for the applicant to safely use the patio area for restaurant seating during the winter
season. Staff also feels that the tent structure does not- have a significant adverse visual
impact on the structure given that it is located on the second floor patio that is not visible
from Cooper Avenue and is only partially visible from Hunter Street. Staff finds this
criterion to be met.
B. The compatibility of the proposed temporary use with the character,
density and use of structures and uses in the immediate vicinity.
Staff Finding:
The reason that the applicant wishes to maintain the tent structure is to use the patio for
outdoor dining during the winter season. Boogie's Diner already uses the patio area as
seating throughout the rest of the year. Therefore, staff believes that maintaining the tent
for winter outdoor dining purposes is consistent with the normal use of the patio area.
Staff finds this criterion to be met.
C. The impacts of the proposed use on pedestrian and vehicular traffic and
traffic patterns, municipal services, noise levels, and neighborhood
character.
Staff Finding:
Staff does not believe that the tent structure will have any negative impacts on vehicular
traffic, traffic patterns, municipal services, or noise levels. In addition, staff does not
believe that allowing for the tent structure to be maintained will have a negative impact
on the neighborhood character because it can only scarcely be seen from the public right-
of-way. Staff also feels that the proposal may have a positive affect on pedestrian
circulation within Boogie's Diner because they will have more seating available to
accommodate people that normally have to wait on the stairs leading up to the restaurant
or on the corner during busy periods. Staff finds this criterion to be met.
P106 • •
D. The duration of the proposed temporary use and whether a temporary
use has previously been approved for the structure, parcel, property or
location as proposed in the application.
Staff Finding:
The applicant has requested to keep the tent structure up through the end of March, which
is well within City Council's authority to approve a temporary use for less than a six (6)
month time period. In addition, staff has proposed a condition of approval that allows the
Community Development Director to approve the applicant's requests to tent the area
during other times of year if he/she believes that it is consistent with the request that City
Council is approving herein. Staff finds this criterion to be met.
E. The purposes and intent of the Zone district in which the temporary use
is proposed.
Staff Finding:
The applicant would like to maintain the tent so that the outdoor patio can be used for
dining during the winter season. The applicant already uses the patio for dining
throughout the rest of the year. Therefore, staff believes that the proposed temporary use
is consistent with the Commercial Core Zone District, which is to provide
service/commercial uses such as restaurants and dining facilities. Staff finds this criterion
to be met.
F. The relation of the temporary use to conditions and character changes
which may have occurred in the area and Zone district in which the use
is proposed.
Staff Finding:
Other restaurants in the immediate vicinity have been granted temporary use approval in
the past to tent their patios for the purpose of outdoor dining during the winter season.
An example of a similar circumstance was that of the temporary use that was granted for
Mezzaluna Restaurant to tent their patio in 1997 and 1998. Therefore, staff feels that a
precedent exists to allow for Boogie's to tent their patio. Staff finds this criterion to be
met.
G. How the proposed temporary use will enhance or diminish the general
public health, safety, or welfare.
Staff Finding:
Staff does not believe that the proposed temporary use will diminish the general public
health, safety, or welfare. The Fire Marshall and the Building Department have been
consulted and do not have an issue with the tented structure being maintained. As was
mentioned earlier, staff believes that the proposal may actually allow for better pedestrian
circulation within the restaurant because they will have the ability to use the patio for
• P107
seating. This will reduce the amount of people who have to wait on the stairs during busy
periods. Staff finds this criterion to be met.
02/11/2003 11:32 9709201560
P108
BOOGIE'S
PAGE 01/01
11 L 11 � \18 �/
February 10, 2003
Dear Members of the Aspen City Council:
Jim
Frl..�
I am asking for your approval on a temporary awning at Boogic's Diner. The awning is not a permanent
structure and can be taken down at any time. The patio at Boogie's seats approximately 60 people during
the summer months. In the winter, we lose those seats. Locals and tourists alike are angered when they
have to wait 45 minutes to an hour for a table. Listed below are a few examples of when we could really
use the outside seating:
The X-Games
Christmas and New Years
President's Weekend
The entire month of March
Boogie's will generate much more tax revenue for the community with the wintertime patio. We employ
more than 100 people and the awning allows for more jobs and more hours to my employccs. We need an
extra cook, two additional servers and a bus boy to cover the additional seating. Boogie's is also, by far,
the favorite eating establishment for children. The extra 30 scats on the winter patio makes the wait much
more bearable for all involved.
Also, Boogie's Diner contributes to many charitable organizations in this valley. Some examples are listed
below, just to name a few:
The Sunshine Kids
Challenge Aspen
The Silver Lining Ranch
Sister City Program
The Buddy Program
Additionally, we provide discounts to RFTA, Aspen Police, Mountain Rescue and Aspen Firefighters. We
donate silent auction items throughout the year to over 50 additional organizations. We support all schools
and daycare centers. In reality, Boogie's tuns like a non-profit company. Last year, Boogie's Diner
Foundation gave over $500,000.00 back to the community in charitable donations. I haven't drawn a
salary, or taken any money for that matter, in twelve years.
The awning is completely fireproof and, therefore, extremely safe. I was personally involved in the
installation of it. In the past, I have built and tun over 1,000 stores and I am fully aware of all safety
procedures.
in surnrriation. I strongly believe the awning is a win -win situation.
Thank you for your time.
Sincerely, / ' ,
C� -
C:L
enny (Boogie) Weinglass
534 E. COOPER ST. ASPEN CO 81611 (303) 925-6111
• •
P103
RESOLUTION NO. 0
(Series of 2003)
A RESOLUTION OF THE ASPEN CITY COUNCIL, GRANTING A
TEMPORARY USE APPROVAL TO ALLOW FOR THE SECOND FLOOR PATIO TO
BE TENTED AT BOOGIE'S DINER, 534 E. COOPER AVENUE, LOTS R AND S,
BLOCK 95, CITY AND TOWNSITE OF ASPEN, PITKIN COUNTY, COLORADO.
Parcel ID: 2 73 7-182-24-008
WHEREAS, pursuant to Section 26.450 of the Aspen Municipal Code, the Applicant,
Leonard "Boogie" Weinglass, has submitted an application for a Temporary Use Permit to tent
the second floor patio of Boogie's Diner located at 534 E. Cooper Avenue, Lots R & S, Block
95, City and Townsite of.Aspen; and,
WHEREAS, the Applicant requests to tent the patio through the end of March of 2003
and during other various shorter time periods throughout the year; and,
WHEREAS, the Community Development Department has reviewed the temporary use
application and recommends that the City Council approve the temporary use permit with
conditions; and,
WHEREAS, City Council finds that the proposed temporary use is consistent with the
character and existing land uses of the surrounding parcels and neighborhood and that granting
the temporary use permit will not adversely impact the neighborhood; and,
WHEREAS, the Aspen City Council has reviewed and considered the temporary use
request under the applicable provisions of the Municipal Code as identified herein, has reviewed
and considered the recommendation of the Community Development Director, the applicable
referral agencies, and has taken and considered public comment at a public hearing; and,
WHEREAS, the City Council finds that the temporary use request meets or exceeds all
applicable development standards and that the approval of the proposal, with conditions, is
consistent with the goals and elements of the Aspen Area Community Plan; and,
WHEREAS, the City Council finds that this Resolution fiirthers and is necessary for the
promotion of public health, safety, and welfare.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF ASPEN,
COLORADO,THAT:
Section 1:
In accordance with Section 26.450.020 of the Aspen Municipal Code, the City Council of the
City of Aspen, Colorado, does hereby grant Boogie's Diner a temporary use permit to maintain
the tent structure on their second floor patio, subject to the following condition:
P104 Resolution No. _, Series of
Page 2
.7
This temporary use permit shall expire on April 1, 2003 and removal of the tent
must be completed by April 2, 2003.
2. The Community Development Director may approve future temporary use
requests to tent the second floor patio at Boogie's Diner for periods of no longer
than fourteen (14) days if he/she finds a future request to be consistent with the
approval granted herein.
The applicant shall obtain a building permit to maintain the tent through the end
of March. Future requests to tent the patio area using the same tent stricture that
a building permit is issued for will not require the approval of future building
permits.
Section 2:
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 construed and concluded under such prior ordinances.
Section 3:
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.
FINALLY, ADOPTED, PASSED, AND APPROVED on March 10, 2003, at a public hearing before
City Council.
APPROVED AS TO FORM:
City Attorney
ATTEST:
Kathryn S. Koch, City Clerk
Helen Kalin Klanderud, Mayor
Is
PHONE 248.398.700
GPI VZ
p DIVERSIFIED INVESTMENTS ADDRESS REPLY TO:
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CABLE: DIVESCO 248-398398-7.7123
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,ur�z �i��ti��c�airG
March 5, 2003
City of Aspen
Community Development Dept.
130 S. Galena St.
Aspen, CO 81611
Re: Boogie's Diner
To Whom It May Concern:
22750 WOODWARD AVENUE
FANDALE, MICHIGAN 48220
6vd�i, jp
9,A�F
tiT
VIA: FACSIMILE
Please allow me to introduce myself as the owner of unit #304, 520 E.
Cooper Ave, Aspen, Co.
Please accept this as my wholehearted and unconditional approval of Mr.
Weinglass continued use of the tented outdoor seating as it currently exist.
Thank you very much.
Very truly,
LAURENCE C( WOLF
LGW/ts
Cc: Leonard Weinglass
130 S. Galena St.
Aspen CO 81611
(970)920-5090
(970) 920-5439, fax
To:
Reggie Barber
From:
James Lindt
Fax:
920-1560
Pages:
Phone:
Date:
3/4/03
Re:
Staff Memo and Resolution for 3/10
Council Meeting
CC:
❑ Urgent ❑ For Review ❑ Please Comment ❑ Please Reply ❑ Please Recycle
• Comments:
Hi Reggie,
Please find attached a copy of the staff memo and resolution for Boogie's Temporary Use request to
keep the tent up. Please let Boogie know that some one has to be at the meeting on Monday evening
to represent the restaurant. The meeting begins at 5:00 PM but the public hearing on this item will
probably not get started until at least 5:45 or so. Please let me know if you have any questions or
concerns regarding the proposed conditions of approval.
Thanks,
James
ATTACHMENT 7
AFFIDAVIT OF PUBLIC NOTICE
REQUIRED BY SECTION 26.304.060 (E), ASPEN LAND USE CODE
ADDRESS OF PROPERTY: C1 , Aspen, CO
SCHEDULED PUBLIC HEARING DATE: , �' , 200
STATE OF COLORADO
ss.
County of Pitkin )
I, ::n (name, please print)
being or representing an Applicant to the City of Aspen, Colorado, hereby personally
certify that I have complied with the public notice requirements of Section 26.304.060
(E) of the Aspen Land Use Code in the following manner:
Publication of notice: By the publication in the legal notice section of an official
paper or a paper of general circulation in the City of Aspen at least fifteen (15)
days prior to the public hearing. A copy of the publication is attached hereto.
Posting of notice: By posting of notice, which form was obtained from the
Community Development Department, which was made of suitable,
waterproof materials, which was not less than twenty-two (22) inches wide
and twenty-six (26) inches high, and which was composed of letters not
less than one inch in height. Said notice was posted at least fifteen (15) days
prior to the public hearing and was continuously visible from the day of
200 , to and including the date and time of the public
hearing. A photograph of the posted notice (sign) is attached hereto.
Mailing of notice. By the mailing of a notice obtained from the Community
Development Department, which contains the information described in Section
26.304.060(E)(2) of the Aspen Land Use Code. At least fifteen (15) days prior to
the public hearing, notice was hand delivered or mailed by first class postage
prepaid U.S. mail to any federal agency, state, county, municipal government,
school, service district or other governmental or quasi -governmental agency that
owns property within three hundred (300) feet of the property subject to the
development application. The names and addresses of property owners shall be
those on the current tax records of Pitkin County as they appeared no more than
sixty (60) days prior to the date of the public hearing. A copy of the owners and
governmental agencies so noticed is attached hereto.
(continued on next page)
Rezoning or text amendment. Whenever the official zoning district map is in
any way to be changed or amended incidental to or as part of a general revision
of this Title, or whenever the text of this Title is to be amended, whether such
revision be made by repeal of this Title and enactment of a new land use
regulation, or otherwise, the requirement of an accurate survey map or other
sufficient legal description of, and the notice to and listing of names and
addresses of owners of real property in the area of the proposed change shall
be waived. However, the proposed zoning map has been available for public
inspection in the planning agency during all business hours for fifteen (15) days
prior to the public hearing on such amendments.
�Xnature
st'
The foregoing "Affidavit of Notice" was acknowledged b Mnc
e me this DI day
of o�j , 200 3 , by S '—
PUBLIC NOTICE
RE: BOOGIE'S DINER TEMPORARY USE REQUEST
TO TENT A PORTION OF THE PATIO
NOTICE IS HEREBY GIVEN that a public hearing
will be held on Monday, March 10, 2003. at a
meeting to begin at 5:00 p.m. before the Aspen
City Council, Council Chambers, 130 S. Galena
Street, to consider an application submitted by
Leonard Weinglass requesting approval of a tem-
porary use to allow for the second floor patio at
Boogie's to be tented on a temporary basis to ac-
commodate the existing outdoor seating during
the winter. The property is commonly known as
Boogie's Diner and is located at 534 E. Cooper
Avenue. The property is legally described as
Lots R and S, Block 95, City and Townsite of As-
pen.
For further information, contact James Lindt at
.� the City of Aspen Community Development De-
partment, 130 S. Galena St., Aspen, CO (970) 920-
5095, jamesl®cl.ast ;n.co.us.
s/Helen Kalin Klanderud, Mayor
Aspen City Council
Published in The Aspen Times on February 22,
2003.(0112)
WITNESS MY HAND AND OFFICIAL SEAL
My commission expires: q 6 3� 3
7s--4--7
Notary Public
ATTACHMENTS:
COPY OF THE PUBLICATION
l PHOTOGRAPH OF THE POSTED NOTICE (SIGN)
LIST OF THE OWNERS AND GOVERNMENTAL AGENCIES NOTICED
BYMAIL
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130 S. Galena St.
Aspen CO 81611
(970) 920-5090
(970) 920-5439, fax
To:
Reggie Barber
From:
James Lindt
Fax:
(970)920-1560
Pages:
Phone:
Date:
2/18/03
Re:
Public Notice
CC:
❑ Urgent ❑ For Review ❑ Please Comment ❑ Please Reply ❑ Please Recycle
• Comments:
Hi Reggie,
Please find attached a notice for you to mail to all the property owners within 300 feet of Boogie's for
the temporary use hearing regarding the tent. You can get a mailing list from our GIS Department, on
the first floor of City Hall. Also, you need to post a sign on the property. If you will stop by the third floor
of City Hall, I can get you the sign. The mailing has to be postmarked by this coming Sunday and the
sign has to be posted. Please let me know if you have questions about this. My phone number is 920-
5095.
Thanks,
James Lindt
Planner
City of Aspen