HomeMy WebLinkAboutLand Use Case.CU.308 S Hunter St.0035.2004.ASLU
City of Aspen Community Development Dept.
CASE NUMBER
PARCEL ID#
CASE NAME
PROJECT ADDRESS
0035.2004.ASLU
2737-182-25-002
Conditonal Use
308 S. Hunter
PLANNER James Lindt
CASE DESCRIPTION Conditional Use to Expand
REPRESENTATIVE BLUE MAIZE
DATE OF FINAL ACTION 07/04/04
CITY COUNCIL ACTION
PZ ACTION Reso. 24-2004
ADMIN ACTION Development Order
BOA ACTION
DATE CLOSED
BY
07/09/04
D DRISCOLL
DEVELOPMENT ORDER
of the
City of Aspen
Community Development Department
This Development Order, hereinafter "Order", is hereby issued pursuant to Section
26.304.070, "Development Orders", and Section 26.308.010, "Vested Property Rights",
of the City of Aspen Municipal Code. This Order allows development of a site specific
development plan pursuant to the provisions of the land use approvals, described herein.
The effective date of this Order shall also be the initiation date of a three-year vested
property right. The vested property right shall expire on the day after the third
anniversary of the effective date of this Order, unless a building permit is approved
pursuant to Section 26.304.075, or unless an exemption, extension, reinstatement, or a
revocation is issued by City Council pursuant to Section 26.308.0 I O. After Expiration of
vested property rights, this Order shall remain in full force and effect, excluding any
growth management allotments granted pursuant to Section 26.470, but shall be subject
to any amendments to the Land Use Code adopted since the effective date of this Order.
This Development Order is associated with the property noted below for the site specific
development plan as described below.
Thomas Colosi C/o Blue Maize Restaurant 715 E. Hyman #6, Aspen, CO 81611
Property Owner's Name, Mailing Address and telephone number
Lots A-C, Block 100, City and Townsite of Aspen
Legal Description and Street Address of Subject Property
Conditional Use Amendment Approval to Expand Restaurant into Adjacent Space of 1,035 SF.
Written Description of the Site Specific Plan and/or Attachment Describing Plan
Planning and Zoning Commission Resolution No. 24, Series of 2004, 7/6/04
Land Use Approval(s) Received and Dates (Attach Final Ordinances or Resolutions)
July 17,2004
Effective Date of Development Order (Same as date of publication of notice of approval.)
July] 8. 2007
Expiration Date of Development Order (The extension, reinstatement, exemption from expiration
and revocation may be pursued in accordance with Section 26.308.010 of the City of Aspen
Municipal Code.) .
Issued this I th day of July, 2004, by the City of Aspen Community
De pment Direct
nn Woods, Community Development Director
PUBLIC NOTICE
Of
DEVELOPMENT APPROVAL
Notice is hereby given to the general public of the approval of a site specific development
plan, and the creation of a vested property right pursuant to the Land Use Code of the
City of Aspen and Title 24, Article 68, Colorado Revised Statutes, pertaining to the
following described property: Lots A-C, Block 100, City and Townsite of Aspen, by
resolution of the Aspen Planning and Zoning Commission nwnbered 24, Series of 2004.
Approval of a Conditional Use Amendment was granted to expand the Blue Maize
Restaurant by 1,035 Square Feet and 54 seats. For further information contact Julie Ann
Woods, at the City of Aspen Community Development Dept. 130 S. Galena St, Aspen,
Colorado (970) 920-5090.
s/ City of Aspen
Publish in The Aspen Times on July 17,2004
.-..,,-....----...
RESOLUTION NO. 24
(SERIES OF 2004)
A RESOLUTION OF THE CITY OF ASPEN PLANNING AND ZONING COMMISSION
APPROVING A CONDITIONAL USE AMENDMENT TO EXPAND THE BLUE MAIZE
RESTAURANT AT 308 S. HUNTER STREET, LOTS A-C, BLOCK 100, CITY AND
TOWNSITE OF ASPEN, PITKIN COUNTY, COLORADO.
Parcel ID#2737-182-25-002
WHEREAS, the Community Development Department received an application from
Thomas M. Colosi, requesting approval of a conditional use amendment to expand the Blue
Maize Restaurant at 308 S. Hunter Street into the adjacent office space containing
approximately 1,035 square feet; and,
WHEREAS, pursuant to Section 26.710.150 of the Land Use Code, the C-l
(Commercial) Zone District allows for restaurants as conditional uses; and,
WHEREAS, the restaurant preceding the Blue Maize Restaurant at 308 S. Hunter
received conditional use approval subject to Planning and Zoning Commission Resolution No.
39, Series of 1993; and,
WHEREAS, the Community Development Department reviewed the proposed Blue
Maize expansion and found it necessary to amend the previous conditional use approval; and,
WHEREAS, pursuant to Section 26.425 of the Land Use Code, the Aspen Planning
and Zoning Commission may approve, approve with conditions, or deny a conditional use
amendment request during a duly noticed public hearing after considering comments from the
general public, a recommendation from the Community Development Director, and
recommendations from relevant referral agencies; and,
WHEREAS, the Community Development Department reviewed the application for a
conditional use amendment and recommended approval, with conditions; and,
WHEREAS, during a duly noticed public hearing on July 6, 2004, the Planning and
Zoning Commission approved, by a six to zero (6-0) vote, a conditional use amendment
request to expand the existing Blue Maize Restaurant in the adjacent office space of
approximately 1,035 square feet at 308 S. Hunter Street, with the conditions contained herein;
and,
WHEREAS, the Aspen Planning and Zoning Commission has reviewed and considered
the development proposal 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 Aspen Planning and Zoning Commission finds that the existing Blue
Maize restaurant is a locally-oriented commercial use that is consistent with the purpose of the
Commercial (C-l) Zone District and that the conditional use granted herein is conditioned upon
the restaurant remaining a locally-oriented business; and,
WHEREAS, the Aspen Planning and Zoning Commission finds that the development
proposal meets or exceeds all applicable development standards and that the approval of the
development proposal, with conditions, is consistent with the goals and elements of the Aspen
Area Community Plan; and,
WHEREAS, the Aspen Planning and Zoning Commission finds that this Resolution
furthers and is necessary for the promotion of public health, safety, and welfare.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF ASPEN PLANNING
AND ZONING COMMISSION as follows:
Section 1
Pursuant to the procedures and standards set forth in Title 26 of the Aspen Municipal Code, the
conditional use amendment request to expand the existing Blue Maize Restaurant into the
adjacent office space at 308 S. Hunter Street is hereby approved subject to the following
conditions.
I. This conditional use approval establishes a base line operation for this commercial
space of 78 customer seats and 1,785 square feet. Any upgrade to service, e.g.
nwnber of employees or seats, or a significant change to the hours of operation shall
constitute a change to the conditional use and shall require an amendment to this
approval.
2. The Environmental Health Department shall review and approve food preparation
plans and shall inspect the site prior to issuance of a certificate of occupancy for the
expanded restaurant. Any improvements required by the Environmental Health
Department shall be completed prior to issuance of a certificate of occupancy on the
expanded restaurant.
3. The expanded restaurant shall comply with all applicable building and accessibility
code requirement as determined by the Chief Building Official.
4. The Applicant shall enclose their dumpsters or replace with bear-proof dumpsters.
5. The Applicant shall obtain a temporary encroachment license from the City of Aspen
Engineering Department for any equipment to be temporarily stored in the right-of-
way during construction.
6. Any new signage shall require a sign permit and shall meet the City of Aspen Sign
Regulations set forth in Land Use Code Section 26.510, signs.
7. An employee audit shall be conducted prior to building permit approval for the
restaurant expansion to determine the current staffmg level of Blue Maize.
Additionally, an employee audit shall be conducted after two (2) years of operation in
the newly configured space. If after two (2) years of operation, a net increase of more
than eight (8) full-time employees over current staffing levels is identified, the
Applicant will then have the option of going back to the Planning and Zoning
Commission to amend their conditional use approval or to provide employee-housing
mitigation in the form of a payment-in-lieu pursuant to the Aspen/Pitkin County
Housing Guidelines to remain in business. The auditor and documentation shall be
approved by the Housing Office but funded by the Applicant.
8. The Applicant shall install a grease interceptor or automated grease trap that meets the
approval of the Aspen Consolidated Sanitation District.
9. The Applicant shall not vent the new dishwasher on the north side of the building if
venting is required.
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 conducted 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.
APPROVED by the Commission at its regular meeting on July 6, 2004.
APPROVED AS TO FORM:
PLANNING AND ZONING
COMMISSION:
City Attorney
Jasmine Tygre, Chair
ATTEST:
Jackie Lothian, Deputy City Clerk
ATTACHMENT 7
AFFIDAVIT OF PUBLIC NOTICE
REQUIRED BY SECTION 26.304.060 (E), ASPEN LAND USE CODE
ADDRESS OF PROPERTY:
3cf8 S, f-LVtvt t~\ /'
7/?7/0,+
, Aspen, CO
SCHEDULED PUBLIC HEARING DATE:
,200_
STATE OF COLORADO )
) ss.
County of Pitkin )
I, ~ 1AA. ~ '5 L,' ~d ~ (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, 1
waterproof materials, which was not less than twenty-two (22) inches wide
and twenty-six (26) inches high, and which was composed ofletters 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
heJl]@g. A photograph of the posted notice (sign) is attached hereto.
"::<"'J.~"'_::' .
_ Mailing of notice. By the mailing of a notice obtained fromthe Community
Development Department, which contains the information described in S'tion
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 pos~e
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.
~4AjJ/h~" df
nature
The .fo~oing "Affidavit of Notice" w~OWledgedtore mJX J9 day
of v. ____- , 200L{, by 0~ YT"l
WITNESS MY HAND AND OFFICIAL SEAL
My commission expires: Z--j 1;;;;..3} 0')
PUBUC NOTICE
RE;" BLUE MAIZE RESTAURANT CONDITIONAl..
USE AMENDMENT <
NOTICE IS _ _GIVEN that a pub
lie meeting wUl be hek1'_~ay, July 6, 2004,
at a meeting to begin a .30 p.m. belore the As-
pen Planning and ZOD Commission, Sister Cit-
ies Room, City Hall, 1 S. Galena St., Aspen, to
consider an appllcatio 5ubmltted by Thomas W.
Colosi requesting approval of conditional use
amendment to expand the Blue Malze restaurant.
The property is commonly known as the Blue
Maize Restaurant and Is lOcated at 308 S. Hunter
Street. The subject property is legaUy described
as Lots A-C, Block 100, at)' and Townsite 01 As-
~. further information, contact James Lindt at
the City 01 Aspen Community Development De-
partment, 130 S. Galena St., Aspen. CO (970) 920-
5095, (or by e-mail atjamesIOci.aspen.co.us). All
written correspondence ~lated to the appllca-
tlon should be sentto the ve e-mall address. COPY OF THE PUBLICATION
slJasmlne Tygre, Chair
Aspen Planning d Zoning Commission
PubU,b"" In The"pen ma,on Jone 19. 2004. "OGRAPH OF THE POSTED NOTICE 'SIGN\
(2815) {I .I
ATTACHMENTS:
LIST OF THE OWNERS AND GOVERNMENTAL AGENCIES NOTICED
BY MAIL
.._,.
.
ATTACHMENT 7
AFFIDAVIT OF PUBLIC NOTICE
REQUIRED BY SECTION 26.304.060 (E), ASPEN LAND USE CODE
ADDRESS OF PROPERTY:
~cfi
~t~~~d'
,200_
, Aspen, CO
SCHEDULED PUBLIC HEARING DATE:
STATE OF COLORADO )
) ss.
County of Pitkin )
I, ...../'1 ~\I..\ LLC; W. (' J1~"S '( (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.
e\~ "i~\\.'-"""\-.... .;.;I-t
X 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 tl!e 2."Lday of
:r ,-,p (: , 200 -.:L, to and including the date and time of the public
hearing. A photograph of the posted notice (sign) is attached hereto.
'X....- 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 gQ~l1ffient,
school servicfO cii,trict or other governmental or quasr:governmental agency that
owns property within thrfOfO hundred (300) feet ofthe property sublect 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
p,;m to >h, pobl;' h'mio, 00 ""h ~,
Signature
The foregoing "Affidavit of Notice" was acknowledged before me this _ day
of , 200__, by
WITNESS MY HAND AND OFFICIAL SEAL
My commission expires:
Notary Public
....
ATTACHMENTS:
COPY OF THE PUBLICATION
PHOTOGRAPH OF THE POSTED NOTICE (SIGN)
LIST OF THE OWNERS AND GOVERNMENTAL AGENCIES NOTICED
BY MAIL
.
,
517 EAST HOPKINS AVENUE
LLC
517 E HOPKINS AVE
ASPEN, CO 81611
ASPEN PLAZA LLC
C/O GARFIELD & HECHT
601 E HYMAN AVE
ASPEN, CO 81611
TROUSDALE JEAN VICK
6] I E HOPKINS AVE
ASPEN, CO 81611
BASS CAHN 601 LLC
PO BOX 4060
ASPEN, CO 81612
MYSKO BOHDAN D
418 E COOPER AVE SUITE 200
ASPEN, CO 81611
BOGAERT F AMIL Y TRUST
PO BOX 300792
ESCONDIDO, CA 92030
MASON & MORSE INC
514 E HYMAN AVE
ASPEN, CO 81611
PITKIN COUNTY BANK 80%
534 E HYMAN AVE
ASPEN, CO 81611
SJA ASSOCIATES LTD 60%
PO BOX 1709
ASPEN, CO 81612
LAZY J RANCH LLC ELKS LODGE 224 HORSEFINS LLC
PO BOX 665 210 S GALENA ST STE 21 C/O PITKIN COUNTY TITLE
ASPEN, CO 81612 ASPEN, CO 81611 601 E HOPKINS AVE
ASPEN, CO 81611
GELD LLC LOEB PAUL L LIVING TRUST GOODING RICHARD L
MEYER LOWELL C/O 50% 4800 SHOLLY ST
POBOX 1247 223 LINDEN PARK PL CHERRY HILLS VILLAGE, CO
ASPEN, CO 81612-1247 HIGHLAND PARK, IL 60035 80111
TAYLOR E NORRIS 1/2 610 EAST HYMAN LLC FURNGULF L TD
602 E HYMAN AVE #1 C/O KRABACHER LAW A COLO JOINT VENTURE
ASPEN, CO 81611 OFFICES PC 616 E HYMAN AVE
201 N MILL ST STE 201 ASPEN, CO 81611
ASPEN, CO 81611 ,
PITKIN CENTER CONDO WOODS FRANK J III PATIO BlJILDING COMPANY
OWNERS ASSOC 205 S MILL ST STE 30lA LLC
517 W NORTH ST ASPEN, CO 81611 PO BOX 1066
ASPEN, CO 81611 ASPEN, CO 81612
ARCADES ASSOCIATES LTD 517 E HYMAN L TD BROWN SCOTT M REV TRUST
RJS-RS INC C/O A COLORADO LIMITED 50%
304 S GALENA STE A PARTNERSHIP 320 N 7TH ST
ASPEN, CO 81611 517 E HYMAN AVE ASPEN, CO 81611
ASPEN, CO 81611
DCGB LLC TIGRAN INVESTMENTS LLC API PROPERTIES 236 LLC
C/O B LEE SCHUMACHER ESQ C/O EDWARD G DINGILIAN C/O EDWARD DINGILIAN
.-2"-0 NORTH MILL ST STE 201 160 W 225 ST 160 W 225TH ST
ASPEN, CO 81611 BRONX, NY 10463 BRONX, NY 10463
WOLF F AMIL Y TRUST LEMOS D & J 1/3 lNT VICTORIAN SQUARE LLC
1221 MYRTLE AVE PO BOX 321 C/O GARFIELD & HECHT PC
SAN DIEGO, CA 92103 ASPEN, CO 81612 601 E HYMAN AVE
ASPEN, CO 81611
YOLK PLAZ:A LLC
c/o FLEISHER COMPY
200 E MAIN
ASPEN, CO 81611
TENNESSEE THREE
PO BOX 101444
NASHVILLE, TN 37224-1444
TENNESSEE THREE RENTALS
C/O MRS A E MILLER
126 PAUL SMITH LN
ROAN MOUNTAIN, TN 37687
BOOGIES BUILDING OF ASPEN
C/O LEONARD WEINGLASS
534 E COOPER AVE
ASPEN, CO 81611
GONDEK CHARLENE ANN
3960 HOWARD HUGHES
PARKWA Y 5TH FL
LAS VEGAS, NV 89109
TOMKINS KERN AND
"COMPANY
KERN ELIZABETH C/O
3131 LAKESIDE WAY
GRAND JUNCTION, CO 81506
ASPEN OFFICE SUITES LLC
520 E COOPER AVE #230
ASPEN, CO 81611
SPRING STREET PO
C/O GULFCO L TD
616 E HYMAN AVE
ASPEN, CO 81611
LONG GERALD P & PATRICIA
D TRUSTEES
490 WILLIAMS ST
DENVER, CO 80218
GREENWAY COMPANY INC
QUINN HAROLD J JR
666 TRAVIS ST STE 100
SHREVEPORT, LA 71101
RODGERS PORTER R JR &
CAROL L
#12 COUNTRY CLUB CIRCLE
SEARCY, AR 72143
KOPP ROBERT L 50%
34425 HWY 82
ASPEN, CO 8]611
4 SKIERS LP
1108 NORFLEET DR
NASHVILLE, TN 37220
WOLF LAWRENCE G TRUSTEE
22750 WOODWARD AVE #204
FERNDALE, Ml 48220
RAYWTJR
SPEED J B
50 SCOTT AVE
COOKEVILLE, TN 38501
FITZGERALD F AMIL Y
PARTNERSHIP LTD
C/O FLEISHER AND CO
200 E MAIN ST
ASPEN, CO 81611
JENNE LLP
C/O PERRY & CO PC
PO BOX 1790
BELLAIRE, TX 77402-1790
HYMAN AVENUE HOLDINGS L
CB MANAGEMENT PO BOX
1747
605 SHERMAN PKWY
SPRINGFIELD, MO 65801-1747
LCT LP
TENNESSEE LIMITED
PARTNERSHIP
PO BOX 101444
NASHVILLE, TN 37224-1444
TOMKINS DOUGLAS S
CO ASPEN ART SUPPLY
520 E COOPER AVE
ASPEN, CO 81611
W A VO PROPERTIES LP
443 SW SIXTH ST
DES MOINES, lA 50309
HUNTER PLAZA ASSOCIATES
LLP
C/O M & W PROPERTIES
205 S MILL ST STE 30lA
ASPEN, CO 81611
NIELSON COL STEVE & CAROL
D
501 S FAIRFAX
ALEXANDRIA, VA 22314
GOFEN ETHEL CARO TRUSTEE
455 CITY FRONT PLAZA
CHICAGO, IL 60611
JOYCE EDWARD
II S LA SALLE ST STE 1600
CHICAGO, IL 60603-1211
ARTLA LTD PARTNERSHIP
WM C KING
31 WINDING WAY
VERONA, PA 15147-3853
MlAO SANDRA
9610 SYMPHONY MEADOW LN
VIENNA, VA 22182
SCHNITZER KENNETH JR
2100 MC KINNEY ST 1760
DALLAS, TX 75201
CHATEAU ASPEN UNIT 2l-A
LLC
-BLDG 42l-G AABC
ASPEN, CO 81611
SHUMA TE MARK
1267 STILLWOOD DR
ATLANTA, GA 30306
YERAMIAN CHARLES
PO BOX 12347
ASPEN, CO 81612
KIEFER KAREN B TRUST 1/4
2130NW95THST
SEATTLE, W A 98117-2425
SCHNITZER KENNETH L &
LISA L
2100 MCKINNEY ST 1760
DALLAS, TX 75201
BISCHOFF JOHN C
502 S VIA GOLONDRlNA
TUCSON, AZ 85716-5843
WILLIAMS CRAIG & LEE
FAMIL Y PARTNERSHIP
8990 HEMPSTEAD STE 200
HOUSTON, TX 77008
TREUER CHRISTIN L
981 EBRlARWOODCIRN
LITTLETON, CO 80122
NATTERER HELEN
57 BURNBANK ST
NEPEAN
ONTARIO K2GOH2 CANADA,
ERIKSEN STEIN F AMIL Y
P ARNERSHIP LLLP
6427 D NORTH BUSINESS PARK
LOOP RD
PARK CITY, UT 84098
SWEARINGEN WILLIAM F
163 PONCE DE LEON AVE
ATLANTA, GA 30308
MORRIS ROBERT P
600 E HOPKINS AVE STE 304
ASPEN, CO 81611
HELLINGER PROPERTIES LTD
1849 WYCLIFF DR
ORLANDO, FL 32803
FERRY NATALIE
PO BOX 166
GLENCOE, IL 60022
HABER WILBUR A
HABER SANDRA
20409 KISHW AUKEE V ALLEY
RD
MARENGO, IL 60152
ASPEN GROVE ASSOCIATES
LLP
PO BOX 3421
ASPEN, CO 81612
SILVER QIP EQUITY VENTURE
LLC
C/O GARFIELD & HECHT
601 E HYMAN AVE
ASPEN, CO 81611
DAMSCHRODER TIMOTHY R &
ROBIN S
2297 TRILLIUM WOODS DR
ANN ARBOR, MI 48105
WILLOUGHBY MARIAN V
TRUST
12322 RIP V AN WINKLE
HOUSTON, TX 77024
HENDIRCKS JOHN AND
BONNIE 1/2 INT
254 N LAUREL AVE
DES PLAINES, IL 60016
WEIG NANC:Y ANDERSON ROBERT M & CAVES KAREN WHEELER
1404 23RD AVE LOUISE E 1 BARRENGER CT
GREELEY, CO 80634 1021 23RD ST NEWPORT BEACH, CA 92660
CHETEK, WI 54728
ZENSEN ROGER BREMER DR MALCOLM MD ASPEN SQUARE VENTURES
ZENSEN MARIANN 3263 A V ALON PL LLP
313 FRANCES THACKER HOUSTON, TX 77019 C/O M & W PROPERTIES
WILLIAMSBURG, V A 23185 205 S MILL ST STE 30lA
ASPEN, CO 81611
ASPEN B COMMERCIAL WEIGAND STEPHEN L 27/100 MOEN DONNE P & ELIZABETH
PROPERTIES C/O J P WEIGAND & SONS INC A
EMMY LOU BRANDT C/O 150 N MARKET 8 CABALLEROS RD
316 SOPRIS CIR WICHITA, KS 67202 ROLLING HILLS, CA 90274
BASALT, CO 81621
ROSS JOHN F KUTINSKY BRIAN RUBENSTEIN ALAN B &
7600 CLAYTON RD 7381 MOHANSlC DR CAROL S
ST LOUIS, MO 63117 BLOOMFIELD HILLS, MI 48301 57 OLDFIELD DR
SHERBORN, MA 01770
BERSCH BLANCHE C FEHR EDITH B REVOCABLE RED FLOWER PROP CO PTNSHP
TRUSTEE OF BERSCH TRUST TRUST 545 MADISON AVE STE 700
9642 YOAKUM DR 294 ROUND HILL RD NEW YORK, NY 10022
BEVERL Y HILLS, CA 90210 GREENWICH, CT 06831
HUNKE CARLTON J LVGTRST ' WALLEN MERT
4410 TIMBERLINE DR SW 36 OCEAN VISTA
FARGO, ND 58103 NEWPORT BEACH, CA 92660
,
DILL FRED H BRADLEY MARK A DIBRELL CHARLES G JR &
41 <j BROOKSIDE AVE PO BOX 1938 FRANCES
REDLANDS, CA 92373 BASALT, CO 81621 24 ADLER CIR
GALVESTON, TX 77551-5828
TERMINELLO DENNIS J & SEGUIN MARY E TRUST CRAFT LESTER R JR
KERRYL 4944 CASS ST #1002 2026 VETERAN AVE
656 RIDGEWAY SAN DIEGO, CA 92109-2041 LOS ANGELES, CA 90025-5722
WHITE PLAINS, NY 10605-4323
HEMP SUZANNE H & MARLY P PETERSON CHRISTY
JR TRUSTEES BERSCH TRUST 62 LAKE SHORE DR
-FOR THE SUZANNE HEMP 9642 YOAKUM DR RANCHO MIRAGE, CA 92270-
LIVING TRUST BEVERL Y HILLS, CA 90210 4054
15470 POMONA RD
BROOKFIELD, WI 53005
WARNKEN MARK G ELLERON CHEMICALS CORP CORTRIGHT KEVAN J 1/3
1610 JOHNSON DR 710 NORTH POST RD #350 C/O CORTRIGHT REAL TORS
STILLWATER, MN 55082 HOUSTON, TX 77024 3806 PHEASANT LN
WATERLOO, lA 50701
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WEIGAND N R
WEIGAND M C
150 N MARKET
WICHITA, KS 67202
GODBOLD EDMUND 0
524 COLONY DR
HARTSDALE, NY 10530
RAHLEKL TD @ BANK OF
AMERICA
HARDING & CARBONE lNC
3903 BELLAIRE BLVD
HOUSTON, TX 77025
KRAJIAN RON
617 E COOPER AVE #114
ASPEN, CO 81611
MOEN DONNE P & ELIZABETH
A
8 CABALLEROS RD
ROLLING HILLS, CA 90274
MA VROVIC ERNA
530 E 72ND ST APT l5-C
NEW YORK, NY 10021
HENDRICKS SIDNEY J
6614 LAKEVILLE HWY
PETALUMA, CA 94954-9256
GILBERT GARY
1556 ROYAL BLVD
GLENDALE, CA 91207
PHILLIPS STEPHANIE
985 FIFTH AVE
NEW YORK, NY 10021
APPEL ROBERT
APPEL HELEN IN JOINT
TENANCY
700 PARK AVE l8-A
NEW YORK, NY 10021
HUNKE CARL TON J
4410 TIMBERLINE DR SW
FARGO, ND 58103
CALGI RAYMOND D & ANNE A
134 TEWKESBUR Y RD
SCARSDALE, NY 10583
SEGUIN JEFF W & MADALYN B
PO BOX 8852
ASPEN, CO 81612
FL Y MARIE N
7447 PEBBLE POINTE
W BLOOMFIELD, MI 48322
PORTE BROOKE
3520 PADDOCK RD
WESTON, FL 33331-3521
GARRISON LELAND M
TRUSTEE
4802 E SECOND ST SUITE 2
LONG BEACH, CA 90803
WALLING REBECCA
350 BLANCA AVE
TAMPA, FL 33606
KEENAN MICHAEL E & NOLA
265 S FEDERAL HWY BOX 332
DEERFIELD BEACH, FL 33441
N S N ASSOCIATES INC
11051 W ADDISON ST
FRANKLIN PARK, IL 60131
REICH MELVIN L TRUST 80%
4609 SEASHORE DR
NEWPORT BEACH, CA 92663
CORTRIGHT KEVAN J 1/3
3806 PHEASANT LN
WATERLOO, IA 50701
SANDIFER C WESTON JR &
DICKSIE LEE
2836 WOOD DUCK DR
VIRGINIA BEACH, VA 23456
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JACOBS NORMAN & JERI
2105 HYBERNIA DR
HIGHLAND PARK, IL 60035
DAL Y CAROL CENTER
155 LONE PINE RD C-ll
ASPEN, CO 81611
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Blue Maize Additional SU22ested Conditions
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The Applicant shall not vent the new dishwasher on the north side of the building if
venting is required.
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ZONING:
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Aspen Planning and Zoning Commission
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Joyce Allgaier, Deputy Director \ ,IA ~ \oOtA0QrA~
James Lindt, Planner CL- ApfJf'Ove.d 6'--- 0
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Blue Maize Restaurant (308 S. Hunter Street) Conditional Use Amendment - c.p'" \.h c <A
Public Hearing '1 kP7' I ~()
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MEMORANDUM
TO:
THRU:
FROM:
RE:
DATE: July 6, 2004
ST AFF RECOMMENDATION:
Approval with Conditions
ApPLICANT:
Thomas W. Colosi
LOCATION:
308 S. Hunter Street
REVIEW PROCEDURE:
Conditional Use:
The Planning and Zoning Commission shall by
resolution approve, approve with conditions, or
deny a development application for a
conditional use amendment, after reviewing a
recommendation by the Community
Development Director.
PROPOSED LAND USE:
Expand existing restaurantlbar by 1,035 square
feet.
SUMMARY:
The Applicant has requested approval of a conditional use amendment to expand the existing
Blue Maize Restaurant/Bar located at 308 S. Hunter Street into an adjacent office space that
was recently vacated. The property is located in the C-l (Commercial) Zone District in which
the restaurant use is a conditional use. The existing Blue Maize restaurant is allowed to
operate under a conditional use that was granted to it's predecessors in the space, the Silver
City Grill pursuant to Planning and Zoning Commission Resolution No.5, Series of 1990 and
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Resolution No. 39, Series of 1993 (attached as Exhibit "C"). Additionally, the existing Blue
Maize Restaurant space previously housed Lauretta's, the Yogurt Cafe, and the Chocolate
Soldier; all of which were food service establishments.
PROPOSED OPERATIONS:
The Applicant has requested the ability to expand the existing restaurant into the adjacent
office space that has been vacant for some time. The area proposed to be added to the
restaurant would include 1,035 square feet and fifty-four (54) customer seats. Consequently,
the proposed addition to the restaurant would include a new bar area and additional bathroom.
STAFF COMMENTS:
USE:
Staff believes that the proposed restaurant expansion is consistent in terms of use with that of
the purpose statement of the C-l (Commercial) Zone District, which is to provide for the
establishment of commercial uses which are not primarily oriented towards serving the tourist
population. The Blue Maize restaurant does accommodate tourists, but appears to be more
geared towards the local population in that they are open during the off-season and currently
serve relatively reasonably priced food. Additionally, two other restaurants are located within
the same building complex.
TRASH:
Several commercial dumpsters exist off of the alley for use by tenants of the building. This
trash area contains approximately twenty-four linear feet, which exceeds the fifteen (15) linear
feet that is required for trash and box storage by Land Use Code Section 26.575.060,
Utility/Trash Service Areas. The Applicant proposes to accommodate trash disposal in the
same manner that they currently dispose of waste for the existing restaurant operations. That
being the case, Staff has recommended a condition of approval requiring that the Applicant
enclose their dwnpsters as was required by a previous conditional use approval but never
complied with.
PARKING:
There are currently no parking spaces on the site for use of the building. That being the case,
the Applicant has proposed that all of the expanded restaurant's customers will have to park on
the nearby streets, park in the Rio Grande Parking Garage, or use alternative methods of
transportation to get to the restaurant as is currently the case with the existing establishment.
In reviewing the parking situation in the immediate vicinity, Staff believes that sufficient late
afternoon and evening parking exists in this immediate area to accommodate the expansion of
a restaurant that only serves dinner. Moreover, the conversion of the office space to a
restaurant use does not increase the site's parking deficit given that the C-l Zone District
requires the same amount of parking for an office use as it does for a restaurant use pursuant to
Land use Code Section 26.515.030, Off-street Parking.
EMPLOYEE GENERATION:
The Conditional Use Review Standards establish that the Planning and Zoning Commission
require the Applicant to supply affordable housing to meet the incremental need for increased
employees generated by this conditional use amendment. The Applicant contends that the
previous office use of the space in which they would like to expand the restaurant into
generated seven to eight employees (see signed letter from Morris & Fyrwald Real Estate, who
previously operated in the space). Additionally, the Applicant projects that the restaurant will
only need to hire four (4) to five (5) new employees to accommodate the proposed expansion.
Thus, the Applicant projects a net reduction in the nwnber of employees generated by the
space.
The Planning Staff has no reason to doubt the Applicant's projected employee numbers or the
employee numbers provided by Craig Morris for the previous business that operated in the
space (please see floor plan of previous office space attached as Exhibit "D" that shows six (6)
to seven (7) work spaces). However, the Housing Authority has recommended a condition of
approval be included in the proposed resolution requiring an employee audit of the Blue Maize
after two (2) years of operations in the reconfigured space. If the audit were to conclude that
employees were generated above and beyond the nwnber of employees that previously
conducted business in the space, the Commission could require that an affordable housing
cash-in-lieu fee be paid by the Applicant for the additional employees generated by the
methodology set forth in the Aspen/Pitkin County Affordable Housing Guidelines at the time
of the audit. This requirement has been included in the proposed resolution as Condition No.
7.
MAXIMUM SIZE REGULATIONS:
The City Land Use Code provides limitations on the size of certain commercial uses including
restaurants. That being the case, restaurants are allowed a maximum square footage of 9,000
square feet pursuant to Land Use Code Section 26.575.070(C), Use square footage limitations.
Thus, given that the expanded restaurant would be less than 2,000 square feet, Staff finds that
the proposal is in compliance with the use-size limitations.
RECOMMENDATION:
Staff recommends the Planning and Zoning Commission approve the proposed
conditional use to expand the Blue Maize Restaurant at 308 S. Hunter Street with the
conditions set forth in the attached resolution.
RECOMMENDED MOTION:
"I move to approve Resolution NO.d.!:J Series of 2004, approving a conditional use, with
conditions, to expand the Blue Maize Restaurant at 308 S. Hunter Street by 1,035 square feet,
Lots A-C, Block 100, City and Townsite of Aspen."
A TT ACHMENTS:
Exhibit "A"- Review Criteria and Staff Responses
Exhibit "B"- Application
Exhibit "C"- Previous Conditional Use Resolutions
Exhibit "D"- Floor Plan of Previous Office Use
Exhibit "E"- Referral Comments
Exhibit "F"- Letters from Public
EXHIBIT A
BLUE MAIZE RESTAURANT CONDITIONAL USE
REVIEW CRITERIA & STAFF FINDINGS
26.425.040 Standards applicable to all conditional uses.
When considering a development application for a conditional use, the Planning and Zoning
Commission shall consider whether all of the following standards are met, as applicable.
A. The conditional use is consistent with the purposes, goals, objectives and
standards of the Aspen Area Community Plan, with the intent of the zone district
in which it is proposed to be located, and complies with all other applicable
requirements of this Title; and
Staff Finding
Staff believes that the proposed conditional use amendment to expand the existing Blue Maize
Restaurant into the adjacent office space is consistent with the objectives and intent of the C-l
(Commercial) Zone District in that the zone district is intended for the establishment of
commercial uses that are not primarily oriented towards serving the tourist population. Staff
feels that Blue Maize is primarily a locally- serving establishment, and that the expansion will
allow for more locals to visit the establishment without waiting a considerable amount of time
to get a seat.
Staff also does not feel as if the proposal contradicts any of the objectives of the Aspen Area
Community Plan (AACP). In fact, Staff believes that the proposed restaurant expansion will
further the vitality that this periphery of the commercial core provides. Staff finds this
criterion to be met.
B. The conditional use is consistent and compatible with the character of the
immediate vicinity of the parcel proposed for development and surrounding land
uses, or enhances the mixture of complimentary uses and activities in the
immediate vicinity of the parcel proposed for development; and
Staff Finding
Staff believes that the proposed conditional use amendment to expand the existing restaurant is
consistent with the uses in the immediate vicinity in that the majority of the building subject to
this request houses locally-serving food/bar service establishments (Little Ollies, McStorlie's
Pub). That being the case, Staff feels that this building was designed and is well suited to
accommodate the additional needs of the expanded Blue Maize Restaurant. Staff finds this
criterion to be met.
C. The location, size, design and operating characteristics of the proposed conditional
use minimizes adverse effects, including visual impacts, impacts on pedestrian and
vehicular circulation, parking, trash, service delivery, noise, vibrations and odor
on surrounding properties; and
Staff Finding
As was discussed earlier in the memorandum, Staff feels that sufficient on-street parking exists
in the late afternoon and early evening to accommodate the expanded restaurant. Additionally,
the size of trash disposal facilities for the building is sufficient to accommodate the proposed
expansion pursuant to Land Use Code Section 26.575.060, Utility/trash service areas.
However, Staff has recommended that the Applicant be required to enclose their dumpsters to
keep wildlife from potentially using them as feeding grounds. Moreover, in reviewing the
characteristics of the proposed use, Staff does not anticipate the use to generate excessive
noise, vibrations, or odor on surrounding properties. Therefore, Staff finds this criterion to be
met.
D. There are adequate public facilities and services to serve the conditional use
including but not limited to roads, potable water, sewer, solid waste, parks, police,
fire protection, emergency medical services, hospital and medical services,
drainage systems, and schools; and
Staff Finding
Staff believes that there are adequate public facilities in the vicinity to serve the proposed use.
The structure already contains public water and sanitary services and is located in relatively
close proximity to the police and fire stations. Consequently, the Fire Marshal, Water
Department Director, and Aspen Consolidated Sanitation District have all reviewed the request
and have indicated that there are sufficient public facilities to service the proposed expansion.
Staff finds this criterion to be met.
E. The applicant commits to supply affordable housing to meet the incremental need
for increased employees generated by the conditional use; and
Staff Finding
As was addressed previously in the memorandum, the Applicant is not proposing to add net
leasable square footage since the space of the proposed expansion currently contains an office
use, which already counts towards net leasable floor area by definition of the City Land Use
Code. Moreover, the Applicant has provided a letter from the previous operators in the
subject space that indicates that seven (7) to eight (8) employees previously operated out of
the space. The Applicant further contends that he will only have to hire four (4) to five (5)
employees to accommodate the proposed restaurant expansion and thus there will actually be
a net loss in employees generated by the space. Thus, Staff and the Aspen/Pitkin County
Housing Authority do not feel that employee housing mitigation is warranted given the net
loss in employees. Staff finds this criterion not to be applicable to this application.
.......
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PO Box 512
Snowrnass, CO. 81654
970.274.0481
amos@pbrworkshop.com
the PBR workshop
Land Use Application
Name:Thomas Colosi
Organization:Blue Maize Restaurant
Phone:970.948.078I
From:the PBR workshoD
Date: 5/26/04
Subject:Land Use Application Packet
Pages:3 with cover
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CITY OF ASPEN COMMUNITY DEVELOPMENT DEPARTMENT
Aereement for Pavment of Citv of Aspen Development Application Fees
CITY OF ASPEN (hereinafter CITY) and \\\0\\.\)..$ ",). C:.J.c""
(hereinafter APPLICANT) AGREE AS FOLLOWS:
1. APPLICANT has submitted to CITY an application for
f."J'A,vJ.cr", 0<' "6llJes' lj'l\"',t.e v.."*"'",,'-<-..). "'" ($ ".~
(hereinafter, THE PR JECT).
2. APPLICANT understands and agrees that City of Aspen Ordinance No. 57 (Series of 2000)
establishes a fee structure for Land Use applications and the payment of all processing fees is a condition precedent
to a determination of application completeness.
3. APPLICANT and CITY agree that because of the size, nature or scope of the proposed project, it
is not possible at this time to ascertain the full extent of the costs involved in processing the application.
APPLICANT and CITY further agree that it is in the interest of the parties that APPLICANT make payment of an
initial deposit and to thereafter permit additional costs to be billed to APPLICANT on a monthly basis.
APPLICANT agrees additional costs may accrue following their hearings and/or approvals. APPLICANT agrees he
will be benefited by retaining greater cash liquidity and will make additional payments upon notification by the
CITY when they are necessary as costs are incurred. CITY agrees it will be benefited through the greater certainty
of recovering its full costs to process APPLICANT'S application.
4. CITY and APPLICANT further agree that it is impracticable for CITY staff to complete
processing or present sufficient information to the Planning Commission and/or City Council to enable the Planning
Commission and/or City Council to make legally required findings for project consideration, unless current billings
are paid in full prior to decision.
5. Therefore, APPLICANT agrees that in consideration of the CITY's waiver of its right to collect
full fees prior to a determination of application completeness, APPLICANT shall pay an initial deposit in the
amount of $ which is for hours of Community Development staff time, and if actual
recorded costs exceed the initial deposit, APPLICANT shall pay additional monthly billings to CITY to reimburse
the CITY for the processing of the application mentioned above, including post approval review at a rate of $205.00
per planner hour over the initial deposit. Such periodic payments shall be made within 30 days of the billing date.
APPLICANT further agrees that failure to pay such accrued costs shall be grounds for suspension of processing, and
in no case will building permits be issued until all costs associated with case processing have been paid.
CITY OF ASPEN
APPLICANT
By:
Julie Ann Woods
Community Development Director
BY:~VJV'~ \1. Cob -I
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Date:
Mailing Address:
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'LICANT:
ATTACHMENT 2 -LAND USE APPLICATION
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(Indicate street address, lot & block number, legal description where appropriate)
ne:
;ation:
'cel ID # (REQUIRED)
,PRESENTATIVE:
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tYPE OF APPLICATION: (please check all that apply):
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Conditional Use 0 Conceptual PUD 0 Conceptual Historic Devt.
Special Review 0 Final PUD (& PUD Amendment) 0 Final Historic Development
0 Design Review Appeal 0 Conceptual SPA 0 Minor Historic Devt.
0 GMQS Allotment 0 Final SPA (& SPA Amendment) 0 Historic Demolition
0 GMQS Exemption 0 Subdivision 0 Historic Designation
0 ESA - 8040 Greenline, Stream 0 Subdivision Exemption (includes 0 Small Lodge Conversion!
Margin, Hallam Lake Bluff, condominiumization) Expansion
Mountain View Plane
0 Lot Split 0 Temporary Use 0 Other:
0 Lot Line Ad'ustment 0 Text/Ma Amendment
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EXISTING CONDITIONS: (descri tion of existin
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ROPOSAL:
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ro osed buildin s, uses, modifications, etc.)
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lave you attached the following? FEES DUE: $
] Pre-Application Conference Summary
] Attachment #1, Signed Fee Agreement
] Response to Attachment #3, Dimensional Requirements Form
] Response to Attachment #4, Submittal Requirements. Including Written Responses to Review Standards
.11 plans that are larger than 8.5" x 11" must be folded and a floppy disk with an electronic copy of all written
ext (Microsoft Word Format) must be submitted as part of the application.
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ATTACHMENT 3
DIMENSIONAL REQUIREMENTS FORM
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Applicant: '--(\y, ,~~ W Cc \ C',
Location: 'X)p,Y "'~xU-icl, \~uc~~
Zone District: Goftll'1aLIItt.-"5
Lot Size: 4s- ~ 10 0
Lot Area: 3SoJ 9;Ji'>wG rf(;rz-r
(for the purposes 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.)
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- Commercial net leasable:
Number of residential units:
Nwnber of bedrooms:
Existing: 17r Proposed:
Existing; ;V;~' Proposed:
Existing: !Il- Proposed:
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Proposed % of demolition (Historic properties only):
DIMENSIONS:
Floor Area: Existing: Allowable: Proposed:
Principal bldg. height: Existing: Allowable: Proposed:
Access. bldg. height: Existing: Allowable: Proposed:
On-Site parking: Existing: Required: Proposed:
% Site coverage: Existing: Required: Proposed:
% Open Space: Existing: Required: Proposed:
Front Setback: Existing: Required: Proposed:
Rear Setback: Existing: Required: Proposed:
Combined F/R: Existing: Required: Proposed:
Side Setback: Existing: Required: Proposed:
Side Setback: Existing: Required: Proposed:
Combined Sides: Existing: Required: Proposed:
Distance Between Existing Required: Proposed:_
Buildings
Existing non-conformities or encroachments: <;1"lAi--L. Sil;o .Lv /!/kJ(. tv""
("),.J Dr",/:. ,)0/11"1- Put7'Jc,
Variations requested:
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Page I of2
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pbr
From:
To:
Sent:
Subject:
"pbr" <amos@pbrworkshop.com>
"pbr" <amos@pbrworkshop.com>
Thursday, May 27, 20042:37 PM
Re: Reply from Thomas Colosi
Re: Blue Maize Restaurant Desian
In response to the "Submittal Key" required by the City for the proposed addition to Blue Maize Restaurant, the
following information is provided:
1. ADDlicant's Name. Address. Etc.
THOMAS COLOSI
715 E. Hyman Avenue, #6
Aspen, Colorado 81611
(970) 948-0781
2. ProDosed DeveloDment:
Retail Space (presently leased by Craig Morrison)
308 S. Hunter Street
Aspen, Colorado 81611
3. ProDertv Owner. The owner of the property is Jerry Long, who consents to Blue Maize's acquisition of the
additional space (presently leased by Craig Morrison). Blue Maize has been a tenant within the same center
(308 S. Hunter Street) for seven years. Mr. Long has indicated he will comply with all requirements of the City,
including providing a certificate of title insurance, and details regarding mortgages, judgments, liens, etc.
4. Vicinity MaD See Attached
5. N/A - wavied by Community Development Department
6 & 17. Site Plan. Attached, please see the "Existing" layout of the Blue Maize Restaurant, as well as the
"Proposed" layout which details the design for the additional space sought by Blue Maize. Blue Maize intends
to acquire the space presently leased by Craig Morrison Real Estate, which includes approximately 1,035
square feet.
7. DescriDtion of ProDosed DeveloDment. As noted in the attached plans (existing versus proposed), the
development will include demolition ofthe present wall between Blue Maize and Craig Morrison, as well as
demolition of the various partitions within the Craig Morrison space. The new restaurant space will consist of an
"open layout" and will provide an additional 30-40 seats; one additional restroom; a larger bar/waiting area; and
expansion of the present kitchen for a safer work environment. The only exterior changes will be the removal of
the existing Craig Morrison sign and replacement with a Blue Maize sign (which will not exceed the size of the
present Craig Morrison sign).
Miscellaneous/Historv Information. The Blue Maize Restaurant has been a tenant of 308 S. Hunter Street
since 1997, at which time the restaurant seated approximately 30 people. In 1998, the restaurant added an
additional 20 seats. At the present time, Blue Maize serves approximately 180-200 patrons per evening; but is
forced to turn away between 40-50 due to a lack of seating and waiting area. The Blue Maize addition will also
provide 4-5 new employment positions (wait staff) for proper operation of the restaurant.
5/27/2004
--
,
Page 2 of 2
9. N/A - Wavied by Community Development Department - See Attached Photos
If you require additional information, please feel free to call me at (970) 946-0761.
Your attention and consideration with regard to this proposal are greatly appreciated.
Sincerely,
Thomas Colosi
Blue Maize
308 S. Hunter Street
Aspen, CO 81611
5/27/2004
-
TO WHOM IT MAY CONCBRN:
May 21,2004
Deer Sir:
Re; Blue MaiD Rellllunlnl:
IlIIlllte OWlllll' of the building located at 398 So, HIIRICl' T. . Aspen, Colorldo.
The Blue Mlize R_ JI cumntI)' . T_ . and wish ID IX)lIIIcI tIIeJr mlIIIrInt. I epprovc of thl.
eJI!*1'ion and will offer them I .... for rho 1IlldltIoaaI1pICe.
Oerakl Loq
-,
May 27,2004
Re; 308 South Hunter Street, Aspen
To Whom It May Concern:
When Morris & Fyrwald was operating from 308 South Hunter Street there were
three designated offices and four work stations. The office was designed for seven to
eight people to work comfortably in that space.
Thank you,
Craig S. Morris
Morris & Fyrwald Real Estate
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415 E. HYMAN AVENUE ASPEN, co 61611 TEL: 970/925-6060' FAX: 970/920-9993
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Picture Top: New Space for Blue Maize Restaurant
Above McStorlie's Pub
Picture Bottom Left: Current Space for Blue Maize Restaurant
Above Little Ollie's Chinese Restaurant
RESOLUTION OF THE ASPEN
r;)d116JV- \t 1/
~: ~ 'ONING COMMISSmN FOR _
APPROVAL OF THE SILVER CITY GRILL (308 SOUTH HUNTER STREET) AS A
CONDITIONAL USE IN THE C-1 ZONE DISTRICT
---
Resolution No. 90-~
WHEREAS, the Planning and Zoning commission held a public
meeting December 4, 1990; and
WHEREAS, a conditional use review is a public hearing; and
WHEREAS, the Planning staff recommended approval of the
conditional use with conditions; and
WHEREAS, the commission amended the recommendation
to include the condition that the applicant's operations shall be
reviewed on an annual basis to determine that the use has not
changed or the number of full-time equivalent employees has not
increased and to determine that they are in compliance with the
representations; and
WHEREAS, the commission amended the recommendation to
establish a baseline operation of 6 full-time equivalent
employees.
NOW, THEREFORE BE IT RESOLVED by the Commission that it does
hereby approve the conditional use for the Silver City Grill with
the following conditions:
L Odor complaints shall require review and monitoring of the
restaurant. Emission control devices may be required.
2. If the applicant were to change the proposed Flat-Griddle
type of operation the installation would not be approved without
the use of an alternate emission-control device. In addition the
ventilation-system installation must meet the requirements of the
,""",
,.. ,~
~988 Uniform Mechanical Code.
3. If the restaurant begins to employ more than 6 full-time
equivalent employees then the applicant shall be required to
mitigate the housing impacts. A cash-in-lieu payment of $35,000
per employee (or current amount as indexed. by the Housing
Authority) may be used or off-site housing may be purchased to
mitigate the impacts.
4. This conditional use establishes a base line operation for
this commercial space of 6 full-time equivalent employees, 24
customers seats and 750 square feet. Any ~ in service e.g.
number of employees or seats shall constitute a change to the
conditional use and shall require an amendment to this
conditional use approval.
5. A ~ review of this operation shall be required to
determine that the type of restaurant as presented has not
changed, or the number of full-time equivalent employees has not
increased.
APPROVED by the Commission at its regular meeting on
December 4, 1990.
Planning and Zoning commission:
Jt1~~ ILf~S.
Carney,
Welton Anderson, Chairman
JASM lue-rY0l2-S u\Cf::-cdAIe.-H/trJ
I
lj l/sil ver
,I.....,.",
'<,
RESOLUTION OF THE ASPEN PLANNING AND ZONING COMMISSION FOR
CONDITIONAL USE APPROVAL OF A BAR/SANDWICH ADJUNCT TO THE SILVER
CITY GRILL LOCATED AT 308 SOUTH HUNTER STREET, ASPEN COLORADO
Resolution No. 93-~
WHEREAS, the applicants, Susan and David Goldberg, have
submitted an application to convert a beauty salon space into a
bar/restaurant space as an expansion of the existing Silver City
Grill restaurant located in the same building; and
WHEREAS, pursuant to section 24-5-210 a restaurant is a
conditional use in the C-1 zone district requiring a public
hearing; and
WHEREAS, the Planning and Zoning commission (herein after the
"commission") held a public meeting October 19, 1993; and
WHEREAS, the commission found that the proposed conversion
would not enhance the mixture of uses in the immediate vicinity
primarily because of existing trash problems and potential delivery
problems; and
WHEREAS, the applicants relocated the trash dumpsters out of
the public alley and resubmitted their application for review; and
WHEREAS, the commission held a public meeting on November 16,
1993; and
WHEREAS, the Planning staff recommended approval of the
revised application with conditions; and
WHEREAS, the commission reviewed the conditional use and found
the proposal consistent with the goals of the City of Aspen to
encourage local oriented business; and
i
\
WHEREAS, the commission amended the conditions of approval to
reflect that the approval was for an expansion of the existing
restaurant.
NOW, THEREFORE BE IT RESOLVED by the Commission that it does
hereby approve the conditional use for the conversion of the L.A.
Salon to a restaurant as an expansion of the Silver city Grill
located at 308 South Hunter Street with the following conditions:
1. The Environmental Health Department shall review food
preparation plans and shall inspect the site prior to the issuance
of a certificate of Occupancy.
2. Prior to the issuance of any building permits the trash
dumpsters and grease containers shall be covered and enclosed as
recommended by BFI and maintained on the property of 308 South
Hunter.
3. All representations made in the application and at the public
hearing shall be followed.
4. Any increase in the size of the restaurant or any additional
installation of cooking equipment, including venting shall require
a substantial amendment to this conditional use to be reviewed by
the commission.
5. This conditional use represents an expansion of an additional
600 gross square feet for Silver City Grill onlv. Any change in
use, change in ownership, and/or change in tenancy for the
additional space shall require a substantial conditional use review
by the Planning and Zoning Commission.
6. A dumbwaiter or similar facility is not required in the
additional space at this time because this is an expansion of the
Silver city Grill operation.
APPROVED by the commission at its regular meeting on November
16, 1993.
Attest.
'@k
Deputy (fity
~~/C;1
Clerk
Planning
a/
Bruce Kerr, Cha1rman
commission:
Jan ey,
~
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MEMORANDUM
TO:
James Lindt, Community Development Department
FROM:
Cindy Christensen, Housing Office
DATE:
June 14, 2004
RE:
BLUE MAIZE RESTAURANT EXPANSION
ParcelID No.
ISSUE: The applicant is seeking land use approval to expand into an existing business that
includes approximately 1,035 square feet
Mitigation Requirement:
The current business employs seven to eight people. The expansion of the restaurant is proposed to
add seating for an additional 30 to 40 seats, one additional restroom, a larger bar/waiting area, and
expansion of the present kitchen. The Blue Maize addition, according to the applicant, will add an
additional four to five new employees.
New development under the Growth Management Quota System and according to Section
26.470.100, the Commercial Core requires 3.5 to 5.25 employees/l,OOO square feet mitigation.
This expansion would calculate to:
1,035 -;- 1,000 = 1.035 X 3.5 = 3.62
1,035 -;- 1,000 = 1.035 X 5.25 = 5.43
The applicant is proposing to expand into existing office space that currently employees seven to
eight employees. The applicant's expansion is proposed to create four to five new employment
positions; therefore, additional mitigation is not required.
RECOMMENDATION: Staff recommends approval of the expansion with one condition - that
an employee audit be conducted prior to building permit approval of the existing employee base at
Blue Maize and that two years after Certificate of Occupancy of the expanded area, an employee
audit be conducted to establish the actual number of employees that the expansion created. If the
number exceeds an additional eight employees, additional mitigation would be required at Category
2. The auditor and documentation shall be approved by the Housing Office but funded by the
applicant.
c1c:h\word\retimal\bluemaize _ expansion.doc
,
6/9/04 DRC Meeting - Blue Maize
To: PhilO, Cindy C, Ed Van, Denis, James L, Richard G, Tom B, and Jannette:
RE: Blue Maize Restaurant DRC - The Blue Maize needs P&Z approval to expand into the
adjacent space vacated by a real estate company.
Attendees at DRC Meeting: James Lindt, Tom Bracewell, Richard Goulding, James Lindt,
John Niewoehner, Richard Chelec (owner, chelecaspen@hotmail.com) and Thomas Colosi
(owner, 948-078])
Issues Raised:
I. James noted that the former tenant, Silver City Grill, was required to install a dwnpster
enclosure but the enclosure was never installed. James will make this a condition ofP&Z
approval. Thomas C. says they are looking into getting a BFI dumpster.
2. Tom Bracewell told the Applicants that they will need to provide drawings that show the
existing and proposed fixtures and the amount of floor area. They should give this information
to Peg prior to applying for the building permit so that Peg can calculate the fees.
They will also need to decide what they will do for a sewer service connection. The best idea
may be to install their own sewer connection but this would entail a $3500 sewer tap fee.
3. Tom recommended that they consider buying a 'Big Dipper' grease trap.
4. Fire: They need to talk to Ed about requirements for alarms, smoke detectors, etc.
5. Building: They have been talking to Denis about making the bar area and bathroom
accessible and venting the dishwasher.
6. Envir. Health:
The City of Aspen Environmental Health Department has reviewed the land use submittal under
authority of the Municipal Code ofthe City of Aspen, and has the following comments.
FUGITIVE DUST any development must implement adequate dust control measures.
Dust control will be crucial due to the closeness of existing homes and businesses to the site.
ASBESTOS Prior to remodel, expansion or demolition of any public or commercial building,
including removal of drywall, carpet, tile, etc., the state must be notified and a person licensed by
the state to do asbestos inspections must do an inspection. The Building Department cannot sign
any building permits until they get this report. Ifthere is no asbestos, the demolition can proceed.
If asbestos is present, a licensed asbestos removal contractor must remove it.
TRASH STORAGE AREA: The applicant should make sure that the trash storage area has
,-,
'-,.......
adequate wildlife protection. We recommend recycling containers be present wherever trash
compactors or dumpsters are located.
NOISE ABATEMENT: Section 16-1 "The city council finds and declares that noise is a
significant source of environmental pollution that represents a present and increasing threat to
the public peace and to the health, safety and welfare of the residents of the City of Aspen and it
its visitors. .....Accordingly, it is the policy of council to provide standards for permissible noise
levels in various areas and manners and at various times and to prohibit noise in excess of those
levels."
During construction, noise cannot exceed maximum permissible sound level standards, and
construction cannot be done except between the hours of 7 a.m. and 7 p.m., Monday thru
Saturday.
It is very likely that noise generated during the construction phase of this project will have some
negative impact on the neighborhood. The applicant should be aware of this and take measures to
minimize the predicted high noise levels.
FOOD SERVICE FACILITIES: Section 10-401 of the Rules and Regulations Governing the
Sanitation of Food Service Establishments in the State of Colorado requires a review of plans
and specifications by this Department. The Department shall be consulted before preparation of
plans and specifications. The Aspen Consolidated Sanitation District must be contacted for their
recommendation on the proper size of the grease trap. Restaurant grills are regulated by the City
of Aspen and the applicant should contact this Department to be sure that if a grill is planned,
that it is in compliance with City code.
The applicant should be aware that approval of both plans and specifications is required before
the building permit is approved. A minimum of two weeks is necessary for the Environmental
Health Department to review and approve plans. Also, final approval from this Department is
necessary before opening for business and prior to issuance of a Colorado Food Service License.
Several improvements to the kitchen are required based on new regulations.
Improvements include the installation of a mop sink, adequate dirty and clean
drainboards, an additional bathroom, additional handsinks and adequate cold storage to
cover additional meal volume.
7. Housing: We will see ifP&Z and the Housing Dept agree that no additional employees will
be added by the change-in-use.
DRC/bluemaize6-9-04
,c'''' --~.
...........
MEMORANDUM
To:
James Lindt, Community Development Department
From:
Jannette Whitcomb, City Environmental Health Department
Date:
June II, 2004
Re:
Blue Maize Conditional Use Amendment
---~~-------------~----------------~
------------------~-----------~--~~--~--
The City of Aspen Environmental Health Department has reviewed the land use submittal under authority of
the Municipal Code of the City of Aspen, and has the following comments.
FUGITIVE DUST any development must implement adequate dust control measures.
Dust control will be crucial due to the closeness of existing homes and businesses to the site.
ASBESTOS Prior to remodel, expansion or demolition of any public or commercial building, including
removal of drywall, carpet, tile, etc., the state must be notified and a person licensed by the state to do
asbestos inspections must do an inspection. The Building Department cannot sign any building permits
until they get this report. lfthere is no asbestos, the demolition can proceed. If asbestos is present, a
licensed asbestos removal contractor must remove it.
TRASH STORAGE AREA: The applicant should make sure that the trash storage area has adequate
wildlife protection. We recommend recycling containers be present wherever trash compactors or dumpsters
are located.
NOISE ABATEMENT: Section 16-1 "The city council finds and declares that noise is a significant
source of environmental pollution that represents a present and increasing threat to the public peace and to
the health, safety and welfare of the residents of the City of Aspen and it its visitors. .....Accordingly, it is
the policy of council to provide standards for permissible noise levels in various areas and manners and at
various times and to prohibit noise in excess of those levels."
During construction, noise cannot exceed maximum permissible sound level standards, and
construction cannot be done except between the hours of 7 a.m. and 7 p.m., Monday thru Saturday.
It is very likely that noise generated during the construction phase ofthis project will have some negative
impact on the neighborhood. The applicant should be aware of this and take measures to minimize the
predicted high noise levels.
FOOD SERVICE FACILITIES
Section 10-401 of the Rules and Regulations Governing the Sanitation of Food Service Establishments in the
State of Colorado requires a review of plans and specifications by this Department. The Department shall be
consulted before preparation of plans and specifications. The Aspen Consolidated Sanitation District must
be contacted for their recommendation on the proper size of the grease trap. Restaurant grills are regulated
by the City of Aspen and the applicant should contact this Department to be sure that if a grill is planned,
that it is in compliance with City code.
The applicant should be aware that approval of both plans and specifications is required before the building
permit is approved. A minimum of two weeks is necessary for the Environmental Health Department to
review and approve plans. Also, final approval from this Department is necessary before opening for
business and prior to issuance of a Colorado Food Service License.
Several improvements to the kitchen are required based on new regulations. Improvements include
the installation of a mop sink, adequate dirty and clean drain boards, an additional bathroom,
additional handsinks and adequate cold storage to cover additional meal volume.
c
"'"'
,I
Aspen Consolidated Sanitation District
June 9, 2004
REGEnt ED
JUN 1 4 2004
Frank Loushin
Roy Holloway
Bruce Matherly, Mgr
Paul Smith * Chairman
Michael Kelly * Vice- Chair
John Keleher * Secrrreas
James Lindt
Community Development
130 S. Galena
Aspen, CO 81611
1i0rtl~
BUILDING D[.pARTMENT
Re: Blue Maize Restaurant
Dear James:
We currently have sufficient collection and treatment capacity to serve this proposed
development. Service is contingent upon compliance with the District's roles, regulations, and
specifications which are on file at the District office. A new service line may be required. The
District's minimum charge for a new service and tap is $3500. All new and remodeled restaurants
are required to install a district approved grease interceptor or automated grease trap. The
applicant should contact our line superintendent, Tom Bracewell, for more information.
Please call if you have any questions.
Sincerely,
3....... '-'-' -rv...~ ~
Bruce Matherly
District Manager
565 N. Mill St., Aspen, CO 81611/ (970)925-3601 / FAX (970)925-2537
6(;)I'b/+ \\[=//
RONALD GARFIELD)
ANDREW V. HECHT
OAVID L. LENYO
MATTHEW C. FERGUSON I
CHRISTOPHER J. LaCROIX'~
CHAD J. SCHMIT1
NATASHA SAYPOL
PATRICl:\ M. TULINSKI"
GREGORY S. GORDON I..'
GAIRlf[lElD & lHIlEClHlT, P.C.
ATTORNEYS AT LAW
E-mail:
atty@garfieldhechLcom
Websitc:
www.garfieldhecht.com
601 EAST HYMAN AVENUE
ASPEN. COLORADO 81611
TELEPHONE
(970) 925-1936
FACSIMILE
(970) 925-JOOR
JASON K. BROLSMA
. ',onCEGA"
Via e-maujamesl@ci.aspen.co.us and First Class Mail
Mr. James Lindt, Planner
Community Development Department
City of Aspen
130 South Galena Street, 3" Floor
Aspen, CO 8]61]
June 29, 2004
110 MlDLAND AVENUE
SUIrE 201
BASALT. COLORADO 81621
TELEPHONE
(970) 927-193f1
FACSIMILE
(970) 927-1783
MICHAEL D. McCOLLUM
PARALEGAL
Re: Blue Maize Restaurant Expansion
Dear James:
The Garfield & Hecht, P.c. law firm building (also known as Victorian Square 8uilding, 601 East Hyman
Avenue) Is located immediately north of the Blue Maize. We have no problem with the expansion plans except as
noted below:
] . There is a past history of cooking exhaust fumes finding their way into our second floor offices. We
want assurances that, if any expansion of cooking facilities is contemplated by this expansion, Blue Maize
must be required to take whatever measures are necessary to assure that cooking fumes do not find
their way into our offices. If no expansion of cooking facilities is planned, then our concern would be
that, with the increased seating capacity, existing ventIng would no longer be adequate to keep the
additional exhaust fumes away from our offices. We would want assurances from the Blue Maize
engineer in this regard. In either event (i.e., expansion or no expansion of cooking facilities), we would
ask the approval be conditioned on keeping cooking exhaust fumes away from our offices.
2. The application mentions venting a dishwasher. By virtue of an existing agreement with Mr. Long, no
venting may project outside the north wall of the building without our permission. On the north side,
Mr. Long's building sits right on top of his property line, and the airspace outside the north wall belongs
to us. The exIsting agreement permits the north wall venting now in place but does not allow any
additional venting, except with our permission. If any venting is contemplated to project out of the
north wall, please have Blue Maize submit some engineerIng detail for our consideration and make any
approval of this venting conditioned on obtaining our permission and amending the existing agreement
to add this venting.
Please let me know if Blue Maize and/or Mr. Long are in agreement with this letter and the conditions to the
restaurant expansion that we have requested. Thank you for your attention to this letter.
RG/mal
1_ ab" "dmitled to
New York Bar
94455 1.0DC
alsoadmincdtp
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RECEIVED
E-mail:
atty@garfieldhecht.com
Website:
www.garfieldhecht.com
JUN 3 0 2004
ASPEN
601Bw~n~AR~NT
ASPEN. COLORADO S'!<:11
TELEPHONE
(970) 925-1936
FACSIMILE
(970) 925-3008
RONALD GARFIELD'
ANDREW V. HECHT
DAVID L. LENYO
MATTHEW C. FERGUSON'
CHRISTOPHER J. LaCROIXu
CHAD J. SCHMIT'
NATASHA SAYPOL
PATRICIA M. TULlNSKI'
GREGORY S. GORDONI.5
(JARf[ElD & HECHT, roco
ATTORNEYS AT LAW
JASON K. BROLSMA
Via e-m~fliiiife~@ci.aspen.co.us and First Class Mail
Mr. James Lindt, Planner
Community Development Department
City of Aspen
1 30 South Galena Street, 3'. Floor
Aspen, CO 81611
June 29, 2004
110 MIDLAND AVENUE
SUITE 201
BASALT. COLORADO 81621
TELEPHONE
(970) 927-1936
FACSIMILE
(970) 927- I 783
MICHAEL D. McCOLLUM
PARALEGAL
Re: Blue Maize Restaurant Expansion
Dear James:
The Garfield & Hecht, P.c. law firm building (also known as Victorian Square Building, 601 East Hyman
Avenue) is located immediately north of the Blue Maize. We have no problem with the expansion plans except as
noted below:
1. There is a past history of cooking exhaust fumes finding their way into our second floor offices. We
want assurances that, if any expansion of cooking facilities is contemplated by this expansion, Blue Maize
must be required to take whatever measures are necessary to assure that cooking fumes do not find
their way into our offices. If no expansion of cooking facilities is planned, then our concern would be
that, with the increased seating capacity, existing venting would no longer be adequate to keep the
additional exhaust fumes away from our offices. We would want assurances from the Blue Maize
engineer in this regard. In either event (i.e., expansion or no expansion of cooking facilities), we would
ask the approval be conditioned on keeping cooking exhaust fumes away from our offices.
2. The application mentions venting a dishwasher. By virtue of an existing agreement with Mr. Long, no
venting may project outside the north wall of the building without our permission. On the north side,
Mr. Long's building sits right on top of his property line, and the airspace outside the north wall belongs
to us. The existing agreement permits the north wall venting now in place but does not allow any
additional venting, except with our permission. I f any venting is contemplated to project out of the
north wall, please have Blue Maize submit some engineering detail for our consideration and make any
approval of this venting conditioned on obtaining our permission and amending the existing agreement
to add this venting.
Please let me know if Blue Maize and/or Mr. Long are in agreement with this letter and the conditions to the
restaurant expansion that we have requested. Thank you for your attention to this letter.
RG/mal
I. alsoadmitledlo
New York Bar
94455 I.DOC
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Connecticut Bar
3. also admilled to
Illinois Bar
4. also admitted to
Texas Bar
5. also admitted to
New Jer,ey Bar
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MEMORANDUM
TO:
Plans were routed to those departments checked-off below:
X ........... City Engineer
X ........... Community Development Engineer
X ........... Housing Director
o ........... Parks Department
X ........... Aspen Fire Marshal
X ........... City Water
X ........... Aspen Consolidated Sanitation District
X ........... Building Department
X ........... Environmental Health
o ........... Electric Department
o ........... Holy Cross Electric
o ........... City Attorney
o ........... Streets Department
o ........... Historic Preservation Officer
o ........... Pitkin County Planning
o ........... County & City Disaster Coordinator
0......... Parking Department
FROM:
James Lindt, Planner
Community Development Department
130 S. Galena St.; Aspen, CO 81611
Phone-920.5095 Fax-920.5439
RE:
Blue Maize Restaurant (308 S. Hunter Street) Conditional Use
Amendment
DATE:
6/2/04
Please review the attached application to expand the Blue Maize Restaurant into the
adjacent office space that has become vacant. There will be a DRC on the proposed
application next Wednesday, June 91h at 1 :30 PM.
DRC Date: June 9th
Comments Due: June 16th
Thanks,
James
,e""
~...
CITY OF ASPEN COMMUNITY DEVELOPMENT DEPARTMENT
A2reement for Pavment of City of Asoen Develooment AODlication Fees
CITY OF ASPEN (hereinafter CITY) and \"\o\A\)..S. ",). edcr,~
(hereinafter APPLICANT) AGREE AS FOLLOWS:
1. APPLICANT has submitied to CITY an application for
f."'J:<A.c:.l.<rM n-r: "6\lJct u'1\"h.e J<,~~J'.~ + t5A,^
(hereinafter, THE PR JECT).
2. APPLICANT understands and agrees that City of Aspen Ordinance No. 57 (Series of 2000)
establishes a fee structure for Land Use applications and the payment of all processing fees is a condition precedent
to a determination of application completeness.
3. APPLICANT and CITY agree that because of the size, nature or scope of the proposed project, it
is not possible at this time to ascertain the full extent of the costs involved in processing the application.
APPLICANT and CITY further agree that it is in the interest of the parties that APPLICANT make payment of an
initial deposit and to thereafter permit additional costs to be billed to APPLICANT on a monthly basis.
APPLICANT agrees additional costs may accrue following their hearings and/or approvals. APPLICANT agrees he
will be benefited by retaining greater cash liquidity and will make additional payments upon notification by the
CITY when they are necessary as costs are incurred. CITY agrees it will be benefited through the greater certainty
of recovering its full costs to process APPLICANT'S application.
4. CITY and APPLICANT further agree that it is impracticable for CITY staff to complete
processing or present sufficient information to the Planning Commission and/or City Council to enable the Planning
Commission and/or City Council to make legally required findings for project consideration, unless current billings
are paid in full prior to decision.
5. Therefore, APPLICANT agrees that in consideration of the CITY's waiver of its right to collect
full fees prior to a determination of apPli~n completeness, APPLICANT shall pay an initial deposit in the
amount of$ y 3/0 which is for _ hours of Community Development staff time, and if actual
recorded costs exceed the initial deposit, APPLICANT shall pay additional monthly billings to CITY to reimburse
the CITY for the processing of the application mentioned above, including post approval review at a rate of$205.00
per planner hour over the initial deposit. Such periodic payments shall be made within 30 days of the billing date.
APPLICANT further agrees that failure to pay such accrued costs shall be grounds for suspension of processing, and
in no case will building permits be issued until all costs associated with case processing have been paid.
CITY OF ASPEN
APPLICANT
Julie Ann Woods
Community Development Director
BY:~~~NvU?, \J - ~\crv ~
'i:;/ \610'-1.
By:
Date:
Mailing Address:
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