HomeMy WebLinkAboutcoa.lu.tu.401 E Hyman Ave.0039.2017.ASLUqol
0039.2017.ASLU 41Q,E HYMAN AVE
FOOD VENDING
2737182 16 001
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THE CITY ny: ASPFN
Land Use Application
Determination of Completeness
Date: May 12, 2017
Dear City of Aspen Land Use Review Applicant,
We have received your land use application for 401 E. Hyman Ave., Outdoor Food Vending and
have reviewed it for completeness (and not compliance).
Your Land Use Application is complete:
Please submit the following to begin the land use review process.
1) Digital pdf of the entire application.
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.
Th You,
K==='
fifer P e a , Deputy Planning Director
City of Aspen, Community Development Department
For Office Use Only:
Mineral Rights Notice Required
Yes No___';;,�
GMQS Allotments
Yes No�
Qualifying Applications:
New PD
Subdivision, or PD (creating more than 1 additional lot)
Residential Affordable Housing
Commercial E.P.F. Lodging
0 •
PATH: G/DRIVE /ADMINISTRATIVE/ADMIN/LANDUSE CASE DOCS
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THE CITY OF ASPEN
City of Aspen Community Development Department
CASE NUMBER
PROJECT ADDRESS
PARCEL ID
PLANNER
CASE DESCRIPTION
REPRESENTATIVE
DATE OF FINAL ACTION
0039. 2017.ASLU
ok
41,Q E HYMAN SVE
273718216001
SARA NADOLNY
TEMP FOOD VENDING
RED FOXX
05. 25.2017
CLOSED BY ANGIE SCOREY 7.5.17
permit: 2-7> -7/ iK2' b 0 1
File Edit Record Navigate Form Reports Fcrmat Tab Help
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Main Custom Fields Routing Status Fee Summary Actions Routing Kstory �~
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I Permit Information
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y Description ::PPLICA71ON FOR REC FOX FROZEN YOGURT
Submitted JENNY H.++.GIILfTON 319 8,74E Clock RUnnInC Days
Submitted via -11
17
Applied ^`'1" ^L�
Approved
Issued
Closed-Vinal
Expires 2'E:1C2C18
Gnvner
Last name 410AH LLC First name PO BOX 40f.8
Phone Address ASPEN CO 81611 92E-2619 Addre
Applicant
❑Q Owner is applicant? ❑ Contractor is applicant?
Last name 41 C.-H LLC First name PO BOX 40f.8
::SPEN CO 81EII
Phone i^9700; Cust : I2CE74' Address
Email
Lender
Last name First namel F
Phone - Address
of the permit address
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AspenGold5 (server)
1 of 1
• 0
NOTICE OF APPROVAL
For a Temporary Outdoor Food Vending License at 401 E. Hyman Ave.,
legally described as Lot A Block 89 of the City of Aspen Townsite,
Parcel ID No. 2737-182-16-001
APPLICANT: Virginia Hamilton
134 Maple Lane
Aspen, CO 81611
PROPERTY OWNER: Lindner Properties LLC
17017 SE 26i" St
Bellevue, WA 98008
SUBJECT & SITE OF APPROVAL: The applicant has requested approval for a
Temporary Outdoor Food Vending business at 401 E Hyman Avenue, specifically on the
existing concrete pad on the property, adjacent to the Mill St. pedestrian mall.
SUMMARY: The applicant has requested renewal approval for a temporary outdoor
food/beverage business called Red Fox Frozen Yogurt on private property at 401 E. Hyman
Ave. The approval is requested for four months, from June 1st through September 301" of
this year.
The Code permits a vending operation's license to be valid for one (1) year from the date
of approval with permission of the property owner. No more than one temporary outdoor
vending business may operate on a private property parcel at a time.
STAFF EVALUATION: Pursuant to Section 26.470.070(H) of the City of Aspen Land
Use Code (hereinafter the Code), Temporary Outdoor Food Vending is a temporary use by
a restaurant or retailer on private property, private open space, or public property that is
subject to a mall lease for food vending or outdoor restaurant seating in the Commercial
Core (CC) zone district and shall be approved, approved with conditions, or denied by the
Community Development Director.
In addition to being located within the Commercial Core zone district, Staff finds that the
applicant has met the review criteria for the Temporary Outdoor Food Vending (see Exhibit
B) based upon the information provided in the application (Exhibit Q. The applicant has
supplied a copy of the lease indicating the ability to operate the food vending business at
this location.
The applicant indicates Red Fox Frozen Yogurt will operate daily, from 11:30 am through
10:30 pm, starting on June 1st. Offerings will include self -serve frozen yogurt and toppings
and a variety of non-alcoholic beverages. The menu has been reviewed and approved by
the Environmental Health Department.
Page 1 of 2
• 0
The vending structure has been used on the site in past years, and will be in the same
location as previously found — on the parcel's concrete pad adjacent at the intersection of
the Hyman Ave. and Mill St. pedestrian malls.
If the operation of this business in any way impedes the movement of pedestrian traffic,
the applicant will be asked to move the structure so that line queues and normal business
shall not create interference.
Two signs are proposed for the business measuring 30"x13" and 30"xI I", respectively.
The signage will be affixed to the front and side of the cart. A menu board is also proposed
interior to the business.
The lease indicates the business may operate from June 1, 2017 through September 30,
2017. The applicant will have until October 15, 2017 to fully remove the temporary food
structure from the property. Significant changes to the menu of offering must be vetted
with the City's Environmental Health Department. Changes to the hours of operation
should be reported to the City's Planning Department.
DECISION:
Staff finds that the request for Temporary Outdoor Food Vending for Red Fox
Frozen Yogurt as provided by the applicant, Virginia Hamilton, shall be granted from
June 1, 2017 through September 30, 2017. The application complies with the review
standards for Temporary Outdoor Food Vending in Section 26.470.070(H) of the
Code.
APPROVED BY:
�Je sica G w
mmunity elopment Director
Exhibit A
— Site Plan (recorded)
Exhibit B —
Staff Findings (in file)
Exhibit C —
Application (in file)
Mau 25,
Date
Page 2 of 2
Exhibit B
Staff Findings
26.470.090.H 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 (C1), 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.
Staff Response: The proposed operation shall be located on private property within
the CC zone district.
Additional location criteria:
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 temporaryfood operation will remain in a consistent location
on the site. 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: The operation will maintain its line queue on the private property's
concrete pad, and will not inhibit the movement of pedestrian traffic along the
walking 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 operation will remain in the location where it has operated the
past few years. It will not interfere egress to the commercial building, nor will it pose
a threa to public health, safety and welfare. The structure will maintain a minimum
six-foot distance from the building's entrance. 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 proposed food vending area measures 5.5' x 9', just shy of the
allowed 50 sq. ft. and includes all space for equipment, food vending and employees
to work. Staff finds 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 towards this calculation. Food carts may have a sandwich board sign in
accordance with the regulations found within Chapter 26.510.
Staff Response: Signage measures 38"x13" and 30"xll" which is just under six
square feet. The signage will be affixed to the front and side of the cart. 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 indicated they have an approved food service plan
per the Environmental Health Department, and that recycling bins and garbage cans
will be provided which are emptied daily and stored inside the structure at night.
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 applicant has indicated that they have met with the building
and fire departments, and have been found to comply with all required codes. 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:
a. Copy of a lease or approval letter from the property owner.
b. 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.
c. The property survey requirement shall be waived if the applicant can demonstrate
how the operation will be contained on private property.
N
Staff Response: The applicant has provided a copy of the lease for their business at
this location, which is valid from June 1, 2017 through September 30, 2017. Red
Fox Frozen Yogurt will operate daily from 11:30am — 10:30 pm. Offerings will
include self -serve frozen yogurt with toppings, as well as a variety of drinks including
bottled water, Gatorade, lemonade, and sparkling beverages. Staff will not require a
property survey as the stand will operate in the same location as in past years, which
is contained fully upon the concrete pad that is part of the site's private property.
Stafffinds 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.
Staff Response: The applicant has indicated their understanding of this requirement
Stafffinds this criterion to be met
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 current request is a renewal. Staff has found the past
performance of the vendor to be favorable and compliant with the requirements of
the Code. Stafffinds this criterion to be met.
i. Business License. The vending operator must obtain a business license.
Staff Response: The operator has obtained a business license for this outdoor food
vending. Stafffinds this 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.
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 indicated their agreement with this requirement.
Stafffinds this criterion to be met.
3
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 indicated their agreement with this requirement.
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 indicated their agreement with this requirement.
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 subsection are subject to revocation by the City Manager or Community
Development Director without requiring prior notice.
Staff Response: The applicant has indicated their agreement with this requirement.
Staff finds this criterion to be met.
4
•
•
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.
Site Plan: Structure aligns with t-shirt
shop entrance and is oriented as
indicated in the picture.
RECEIVSD
MAY 8 2011
CITY OF
VgSPEN
n�LOPIENT
Signage: All signs comply with code and have not
changed from previous years. Sign dimensions
are as indicated.
• •
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
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CITY OF ASPEN �OMMLINITY DEVELOPMtIVT DEPART vl"
Agreement to Pay Application Fees APR 1 1 2017
00Z�? .� CITY OF ASPEN
An agreement between the City of Aspen ("City") and yr_L0P:1T
Property \ � Phone No.: C'f 0 31q -
Owner ("I"): U 1`t 1fl\D� �(-M\ `'coc\ Email:
63 nMad U
Address of Billing
Property: IC NU�n PIN Address: )?)►j � 1 ���e-,
(Subject of ) (send bills here)
application) ""Y " ' �a �j ( 1p
I understand that the City has adopted, via Ordinance No., Series of 2011, review fees for Land Use applications and 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-refundab�flat
' /
fee for ) F �/��.' ` $, flat fee for
$. flat fee for $. flat fee for
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.
-n
The City and I understand and agree that invoices mailed by the City to the above listed billing address and not returned to 0
the City shall be considered by the City as being received by me. I agree to remit payment within 30 days of presentation of rNi
an invoice by the City for such services.
I have read, understood, and agree to the Land Use Review Fee Policy including consequences for no -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 and 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 $325.00 per hour
$ deposit for hours of Engineering Department staff time. Additional time above the
deposit amount will be billed at $325.00 per hour.
City of Aspen:
Jessica Garrow, AICP
Community Development Director
City Use: i0
Fees Due: $Received $_
Property Owner:
Name:
Title: \ '
NO n P r , �v�r� �a �ZY n `I nil I r f'
Homeowner Association Compliance Policy
All applications for a building permit within the City of Aspen are required to include a certification of
compliance with applicable covenants and homeowner association policies. The certification must be
signed by the property owner or Attorney representing the property owner. The following certification
shall accompany the application for a permit.
Subject Property:
I, the property owner, 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 building permit 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 building permit have been approved by the homeowners association or
covenant beneficiary.
I understand the City of Aspen does not interpret, enforce, or manage the applicability, meaning or
effect of private covenants or homeowner association rules or bylaws. I understand that this document
is a public document.
Owner signature:
Owner printed name:
or,
Attorney signature:
Attorney printed name:
`^ �JL_� date: 5
ti I
n
date:
RECEIVED
0 •
Land Use Code 26.470.060.9.
Red Fox Frozen Yogurt
401 E Hyman Ave
1. Lease/Letter — See attached
2. Description of Operation: Red Fox Frozen Yogurt — 401 E. Hyman Ave
Red Fox Frozen Yogurt offers self serve frozen yogurt, toppings, and a variety of drinks
including: Gatorade, Bottled Water, Lemonade, and sparkling drinks.
Red Fox will be open from 11:30am-10:30pm daily.
Signage will meet all requirements as indicated in the Land Use Code 26.470.060.9. No
alterations to approved signs from previous years have been made.
3. Survey (N/A)
All operations at Red Fox Frozen Yogurt will be contained on the premises. A
roped line designates the area where patrons both receive and pay for their items,
and marks the premises of the property. This keeps all operations on the
designated property. See pictures for reference.
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COMMERCIAL LEASE
COMMERCIAL LEASE: This Commercial Lease ("Lease") is entered into this is
day of n 4-, 2016 by and between Lindner Properties, LLC, a Washington State
limited liab' ity company ("Landlord') and Windy Point Holdings, LLC, a Colorado State
limited liability company ("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 Premises").
TERM: The term of this Lease (the "Term") shall consist of three (3) consecutive
four -month (4-month) Summer Lease Periods. The first Summer Lease period shall continence
on the 1" day of June, 2017 and shall expire on the 30t' day of September, 2017. The final
Summer Lease period shall expire on the 30t' day of September, 2019 (the "Expiration Date").
The Leased Premises are accepted by Tenant in "as is" condition and configuration.
TENANT HEREBY AGREES THAT THE LEASED PREMISES ARE IN GOOD ORDER AND SATISFACTORY
CONDITION AND THAT, EXCEPT AS OTHERWISE EXPRESSLY SET FORTH IN THIS LEASE, THERE ARE NO
REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, BY LANDLORD REGARDING
THE LEASED PREMISES, THE BUILDING OR THE PROPERTY.
BASE RENT: Commencing on the Commencement Date and continuing through the
Term, Tenant agrees to pay Landlord, at 17017 SE 26"' Street, Bellevue, Washington 98008 or at.
such other place as Landlord may from time to time designate in writing to Tenant, Base Rent
(herein so called) for the Leased Premises in monthly installments, on the first day of the month
for each month of the Lease Period. The Base Rent shall be increased monthly by fifty dollars
($50.00) on each anniversary of the initial Lease Period and shall be payable monthly in
accordance with the following schedule:
0 4fIVED
w
APR 11 2W7
SUMMER LEASE PERIOD
06/1/17 — 09/30/17
06/1/18 — 09/30/18
06/1/19 — 09/30/19
MONTHLY BASE RENT
$2,850.00
$2,900.00
$2,950.00
CITY OF AsP
EN
CWW
SECURITY DEPOSIT: $5,000.00. The Security Deposit shall be delivered to Landlord
upon the execution of this Lease by Tenant and shall be held by Landlord (without liability for
interest, except to the extent required by Laws) as security for the performance of Tenant's
obligations under this Lease. The Security Deposit is not an advance payment of Rent -or a
Page 1 of 9
measure of Tenant's liabilities for damages. Landlord may, from time to time while an event of
default remains uncured, without prejudice to any other remedy, use all or a portion of the
Security Deposit to satisfy past due Rent, cure any uncured default by Tenant, or Lease or
resulting from Tenant's breach of this Lease. If Landlord uses the Security Deposit, Tenant shall
on demand restore the Security Deposit to its original amount and such use by Landlord of the
Security Deposit shall not constitute a cure of the existing event of default until such time as the
entire amount owing to the Landlord is paid in full and the Security Deposit is fully restored.
Provided that Tenant has performed all of its obligations hereunder, Landlord shall return any
unapplied portion of the Security Deposit to Tenant within thirty (30) days after the later to occur
of. (i) the date Tenant surrenders possession of the Leased Premises to Landlord in accordance
with this Lease; or (ii) the Expiration Date. If Landlord transfers its interest in the Leased
Premises, Landlord shall assign the Security Deposit to the transferee and, following the
assignment and the delivery to Tenant of an acknowledgement of the transferee's responsibility
for the Security Deposit if required by Laws, Landlord shall have no further liability for the
return of the Security Deposit.
USE: Tenant shall use the Leased Premises only for the purpose of operating a
frozen yogurt dessert sales kiosk/shack during the Summer Lease period. The sales kiosk/shack
shall be removed from the premises at the end of business on the last day of each Summer Lease
Period and the premises shall be left in broom -clean condition.
GUARANTY: This Lease shall be fully and irrevocably Guaranteed jointly and
severally by Virginia Ruth Hamilton, and James Taylor Foerster as outlined in the Guaranty of
Lease attached hereto as Exhibit A.
INSURANCE: Tenant shall carry liability insurance with a minimum of
$2,000,000.00 in liability coverage, 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 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. Landlord
agrees to install and pay for, subject to Tenant's reimbursement as Additional Rent, separate
electrical access for Tenant's use, with all costs for permitting, equipment, installation, and any
other required expenses to be paid by Tenant with the first monthly rent payment for the first
Winter Lease Term. Tenant shall establish a permanent sub -meter on the premises to track
Tenant's electric usage at the beginning and at the end of the City of Aspen Utilities monthly
billing cycle to determine actual kilowatt hour usage for the billing period and shall pay their
portion of the total electric bill on a percent of kilowatt hour used basis. Tenant shall allow the
owner of the Art Tee Gallery or any other future Tenant occupying the inside building space at
401 East Hyman Avenue access to the sub -meter to verify electric usage. 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 facili
they shall be installed and maintained at Tenant's sole cost and expense in accord E�
n,
r."
Page 2 of 9
OR 112017
c0 ll
s .•
and specifications which have received prior written approval of Landlord and any additional
facilities or improvements shall be permitted by the City of Aspen. Landlord's approval of any
plans and specifications shall be at its judgment and discretion.
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.
REPAIR AND MAINTENANCE: Tenants shall keep the Leased Premises in good
condition and repair, ordinary wear and tear excepted. Tenant's obligations include, without
limitation, repairs to i) electrical wiring and connections to Tenant's kiosk; ii) alterations
performed by contractors retained by Tenant; and iii) snow and ice removal at the Leased
Premises.
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 notice 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 attorneys 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
against any and all liabilities, obligations, damages, payments, penalties, expenses, costs, claims,
actions, attorneys' fees and other professional fees that may be unposed 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 fo ��ED
this Article shall survive the Expiration Date or earlier termination of this Lease.
APR 11 2017
ASP
Page 3 of 9
This Lease constitutes the complete and final expression of the agreement of the
parties relating to the Leased Space and supersedes all previous agreements and understandings
of the parties, either oral or written, relating to the Leased Space.
This Lease shall be binding upon the parties hereto, their successors and assigns, and
shall become effective only after the full execution and delivery hereof by Landlord and Tenant,
and receipt by Landlord of Tenant's payment 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: Lindner Properties, LLC, a Washington
limited liability company
By
Ruby L ndner, Managing Member
TENANT: Windy Point Holdings, LLC, a Colorado
limited liability company
By / (��
Moali Annes, Member / Co -Owner
Virgihia Ruth Hamilton, Member / Co -Owner
BY
James 1 F rster, M ber / Co -Owner
e
Page 5 of 9 APR 1 2011
BEN
c�c�
ATTACHMENT 2 — LAND USE APPLICATION
PROJECT:
Name:
Location: Hi U 1J �7 • to A,cn U-h A -ye, C '1' a A L& A U ,�CtC
Parcel ID # (REQUIRED) -
APPLICANT:
fit Utl
Name: i G� v
Address: 1 L M le_ Lr'-ne, onk APR I l 2017
Phone #: �1 - S C OF ASPEN
REPRESENTIVATIVE:
Name: � a IncuYriI)}�'1't
Address: Z2 -d NN q L21 I IX41 C Pr2pen . L G-1 kP i
Phone#: 9
GMQS Exemption
C1 GMQS Allotment
Special Review
ESA-8040Greenline,Stream
Margin, Hallam Lake Bluff,
Mountain View Plane
Commercial Design Review
Residential Design Variance
Conditional Use
EXISTING CONDITIONS: (descri
on N"'1111
PROPOSAL: (Description pro
_ \l _ _ t %_. _
Conceptual PUD X Temporary Use
--- Final PUD (& PUD Amendment)
Subdivision
Conceptual SPA
Subdivision Exemption (includes
Condominiumization)
0 Lot Split
0 Lot Line Adjustment
of existing buildings, uses, previous approvals, etc.
buildings, uses, modifications, etc.
Final SPA (&SPA
Amendment)
Small Lodge Conversion/
Expansion
Other:
MM
Y r -
Have you attach d the following? FEES DUE: $
L_1 Pre -Application Conference Summary
0 Attachment #1, Signed Fee Agreement
Response to Attachment #3, Dimensional Requirements Form
Response to Attachment #4, Submittal Requirements — including Written Responses to Review Standards
r-; 3-D Model 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 text (Microsoft Word Format) must be
submitted as part of the application. Large scale projects should include an electronic 3-13 model. Your pre -application conference
summary will indicate if you must submit a 3-D model.
ATTACHMENT 3
DIMENSIONAL REQUIREMENTS FORM
Project: ,? -
u
Applicant: 11i� I'd lyl10— r1(Iyyr ►k-o,�
Location: LA) J1
Zone District: (,Lw-e,
Lot Size: ``�'1 k')(;
Lot Area: 2 q I) S .
RECEIVED
APR 1 i 2017
�rY�EN
(For the purpose of calculating Floor Area, Lot Area may be reduced for areas within the high-water
mark, easement, and steep slopes. Please refer to the definition of Lot Area in the Municipal
Code.)
Commercial net leasable:
Existing:
Number of residential units:
Existing:
Number of bedrooms:
Existing:
Proposed % of demolition (Historic properties only):
DIMENSIONS:
Floor Area:
Principal bldg. height:
Access. Bldg. height:
On -Site parking:
Site coverage:
% Open Space:
Front Setback:
Rear Setback:
Combined F/F:
Side Setback:
Side Setback:
Combined Sides:
Distance between Bldgs.
Existing:
Existing:
Existing:
Existing:
Existing:
Existing:
Existing:
Existing:
Existing:
Existing:
Existing:.
Existing:
Existing: _
Existing: _
Existing non -conformities or encroachments:
Variations requested:
Proposed:
Proposed:
Proposed:
Allowable:
Allowable:
Allowable:
Required:
Required:.
Required:
Required _
Required:.
Required _
Required:
Required _
Required _
Required: _
Required: _
_Proposed
_Proposed.
_ Proposed_
_Proposed_
Proposed_
_Proposed_
_Proposed
_Proposed
Proposed
_Proposed _
Proposed _
Proposed _
Proposed _
Proposed:_
•
•
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
Vicinity Map - Red Fox Frozen Yogurt
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i
THE CITY of ASPEN
Land Use Application
Determination of Completeness
Date: April 13, 2017
Dear City of Aspen Land Use Review Applicant,
l
We have received your land use application for 49$+. o kins Ave., .Outdoor Food Vending
request reviewed it for completeness.
Your Land Use Application is incomplete:
Please submit the following missing submission items.
1. A site plan depicting the proposed layout and the project's physical relationship to the land
2. Additional materials, documentation or reports as deemed necessary by the Community
Development Director.
a) Please provide a signage plan showing compliance as part of the application.
b) Verification of Environmental Health approval.
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.
Th - You,
nmfer h lan, Deputy Planning Director
City of en, Community Development Department
For Office Use Only:
Mineral Rights Notice Required
Yes Now
GMQS Allotments
Yes No
Qualifying Applications:
New PD
Subdivision, or PD (creating more than 1 additional lot)
Residential Affordable Housing
Commercial E.P.F. Lodging
0
April 15, 2017
To Whom It May Concern,
I, Virginia Hamilton, am applying to renew an Outdoor/Food Vending permit for
Red Fox Frozen Yogurt. Red Fox is a small stand that sells frozen yogurt and
bottled drinks on the corner of E. Hyman Ave and South Mill St, on property
owned by Ruby Lindner, of Lindner Properties LLC.
The business is operated by Windy Point Holdings LLC and is doing business as
Red Fox Frozen Yogurt. The stand is located at 401 E. Hyman Ave, Aspen, CO
81611.
The authorized representative will be Virginia Hamilton. Please find the following
contact information:
Mailing Address: 134 Maple Lane, Aspen CO 81611
Phone: (970) 319-8745 RECEIVEI)
Email: redfoxfroyo@gmail.com.
Sincerely,
��" ��Jr'
Virginia Hamilton
Owner Red Fox Frozen Yogurt
APR 1 # 2017
CITY OF ASPEN
ONLY DEVEtOPIEN-1,
• 0
Description of Operations
Red Fox Frozen Yogurt Summer 2017
Red Fox Frozen Yogurt (410 E. Hyman Ave) is 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 business consists of two self -serve machines with four different
flavors of frozen yogurt and 18 toppings. We also serve cold beverages and small
pre -packaged snacks.
Our operating hours are typically 12 PM -10:30 PM. The structure is a 5.5' by 9'
wood food cart that was built specifically for the space.
RECEIVED
APR 1 1 2017
CITY bF -- << r N
COMMt1MT1 OUL'LoeME dT