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Home My WebLink AboutLand Use Case.CU.308 S Hunter St.0035.2004.ASLUonditional Use 308 S Hunter St =37-182-25-002 Casp 0035.2004.ASLU U a_ o O U d -17 L0 O 00 = ❑ co C, O p 0 O ❑ cu 0 a� °; Lom J a BLUE MAIZE z m O ELEV 034,5 ,F. L.L. ILU] ADD O 0 O Q Cfi Q � -4 p O W z�f OO N ST RAGE STORAGE DN 0 RESTR❑❑M m T❑RAGE DN. EMPL YEE WALK-IN RESTR❑❑M O RESTR ❑M COLD STORAGE OD O e PLANTER COLD STORAGE 0 MENS REST ❑❑M Q Q z_W� C❑RRID❑R a Q J Q in Lu cD PA 2XBRICK n cc O CC PAVERS PREP I O U) O wv'^uO<0WASH 06 uN l �l — BLUE MAIZE � � Q = O (EXISTING) P V z UPLU IL TRASH AREA O Cv) KITCHEN ELEV, 0'-0' J LL a OPEN TO BELOW PREP W Q (GARDEN AREA) w STORAGE \ � J\ PREP BAR AREA RANGE DUMPSTER AREA RAMP - Notes: Last Plot: Scale: 114" = 1'-0" Date: May 27, 2004 SHEET: EXISITING FLOOR PLAN A-1 090 0 g rLL If N O �a = O �_ U7 J ❑ Co �C 00 O 0 %�Cc CCU Q wage rr In ❑ O O z [0 C.)Cn ZeLd rIFZZA a 0 a 0 MAIN BAR O ■ STORAGE ST❑RAGE DN a �'I p 0Z RESTR❑OM )FL w Iq = Cu D STORAGE DN,iLL I� m — REMOVED WALL RESTR❑❑M O Oo EMPL YEE WALK-IN RESTR OM COLD O STORAGE TILL PLANTER � e Do MENS COLD STORAGE REST OOM C❑RRID❑R 2X4X8 BRICK PAVERS r Q� W Fn LO CC J py.� O O O � Cn U BLUE (EXISTING) MAIZE o W cn Lu cc Q ' cc ui G� J � N UP KITCHEN PREP TRASH AREA ELEV, 0`0` = = O r n U lJJ O 0 Z OPEN TO BELOW (GARDEN AR a-W cc cv) W O J O U. a � m nQ STORAGE PREP BAR BACK RANGE DUMPSTER AREA RAMP - Notes: Last Plot: IA I Scale: 114" = 1'-0" Date: May 27, 2004 SHEET: A — 2 11'6 j COMMUNITY DEVELOPMENT DEPARTMENT 130 South Galena Street Aspen, Colorado 81611 (970) 920-5090 City of Aspen Land Use: 131041 Deposit 131042 Flat Fee 131043 HPC 131046 Zoning and Sign Referral Fees: 151163 City Engineer 251205 Environmental Health 237001 Housing Building Fees: 211071 Board of Appeals 211072 Building Permit 211073 Electrical Permit 211074 Energy Code Review 211075 Mechanical Permit 211076 Plan Chedk 211077 Plumbing Permit 211078 Reinspection 211079 Aspen Fire Other Fees: 111006 Copy 111165 Remp Fee 601303 GIS Fee 231480 Housing Cash in Lieu 111165 Open Space Cash in Lieu Park Dedication Parking Cash in Lieu School District Land Ded. Code Sales (Joint) Contractor Licensing (Joint) TOTAL �' 4 / D NAME: '�/Y-" .S 1 4l.je k& D "9,- ADDRESS/PROJECT: PHONE: CHECK# CASE/PERMIT#: # OF COPIES: DATE: INITIAL:�� ;,:_ Applicant: Payee: Type: Permit Number 0035.2004.AS L U a Permit Receipt RECEIPT NUMBER 11690 THOMAS W. BLUE MAIZE COLOSI June 2004 check # 1594 Fee Description Aspen Land Use App Fees 2004 Date: 5/27/2004 Total: Amount 1,310.00 1,310.00 City of Aspen Community Development Dept. CASE NUMBER 0035.2004.ASLU PARCEL ID# 2737-182-25-002 CASE NAME Conditonal Use PROJECT ADDRESS 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 07/09/04 BY D DRISCOLL 0 • 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 26.308.010. 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 18, 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 17th. day of July, 2004, by the City of Aspen Community JuligfAnn Woods, Community Development Director • 0 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 numbered 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-1 (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-1) 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 fmds 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. 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. number 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 staffing 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 ATTEST: Jackie Lothian, Deputy City Clerk Jasmine Tygre, Chair • C] ATTACHMENT 7 AFFIDAVIT OF PUBLIC NOTICE REQUIRED BY SECTION 26.304.060 (E), ASPEN LAND USE CODE ADDRESS OF PROPERTY: ��/ (/ �/L �� , Aspen, CO SCHEDULED PUBLIC HEARING DATE: , 200_ STATE OF COLORADO ) ) ss. County of Pitkin ) I, \-j c:24 lM tC 5 L-. ; •,/\� CI' }— (name, please print) being or representing an Applicant to the City of Aspen, Colorado, hereby personally certify that I have complied with the public notice requirements of Section 26.304.060 (E) of the Aspen Land Use Code in the following manner: Publication of notice: By the publication in the legal notice section of an official paper or a paper of general circulation in the City of Aspen at least fifteen (15) days prior to the public hearing. A copy of the publication is attached hereto. Posting of notice: By posting of notice, which form was obtained from the Community Development Department, which was made of suitable, waterproof materials, which was not less than twenty-two (22) inches wide and twenty-six (26) inches high, and which was composed of letters not less than one inch in height. Said notice was posted at least fifteen (15) days prior to the public hearing and- was continuously visible from the _ day -of 200, to and including the date and time of the public hWigg. A photograph of the posted notice (sign) is attached hereto. _ Mailing of notice. By the mailing of a notice obtained from the Community Development Department, which contains the information described in Section 26.304.060(E)(2) of the Aspen Land Use Code. At least fifteen (15) days nor to the public hearing, notice was hand delivered or mailed by first class posxe 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. nature The foregoing "Affidavit of Notice" was a owledged efore methis19 day of lJ------_ , 2004i, by �� _r ) PUBLIC NOTICE RE: BLUE MAIZE RESTAURANT CONDITIONAL USE AMENDMENT NOTICE IS HEREBY GIVEN that a pub lic meeting will be held on Tuesday, July 6, 2004. at a meeting to begin at 4:30 p.m. before the As- pen Planning and Zoning Commission, Sister Cit- ies Room, City Hall. 130 S. Galena St.. Aspen, to consider an applicati— submitted by Thomas W. Colosi requesting approval of conditional use amendment to expand the Blue Maize restaurant. The property is commonly known as the Blue Maize Restaurant and is located at 308 S. Hunter Street. The subject property is legally described as Lots AL, Block too, City and Townsite of As- pen. For further Information, contact James Lindt at the City of Aspen Community Development De- partment, 130 S. Galena St., Aspen, CO (970) 920- 5095, (or by e-mail at jamesl®ci.aspen.co.us). All written correspondence related to the applica- tion should be sent to th-. Lbove e-mail address. s/Jasmine Tygre. Chair Aspen Planning and Zoning Commission Published in The Aspen Times on June 19, 2004. (2815) WITNESS MY HAND AND OFFICIAL SEAL My commission expires: Ll7,?31 Notary Public ATTACHMENTS: COPY OF THE PUBLICATION PHOTOGRAPH OF THE POSTED NOTICE (SIG19 LIST OF THE OWNERS AND GOVERNMENTAL AGENCIES NOTICED BYMAIL • ATTACHMENT 7 AFFIDAVIT OF PUBLIC NOTICE REQUIRED BY SECTION 26.304.060 (E), ASPEN LAND USE CODE ADDRESS OF PROPERTY: &e5 L�) k1L 'Aspen, CO SCHEDULED PUBLIC HEARING DATE: D , 200 STATE OF COLORADO ) ) ss. County of Pitkin ) I, , �6w tA":�; W - (26(r7s ( (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. eu+o.v *" f\c corm- .r Cam" 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 t1le 2.7-day of mope , 200il , to and including the date and time of the public hearing. A photograph of the posted notice (sign) is attached hereto. Mailing of notice. By the mailing of a notice obtained from the Community Development Department, which contains the information described in Section 26.304.060(E)(2) of the Aspen Land Use Code. At least fifteen (15) days prior to the public hearing, notice was hand delivered or mailed by first class postage prepaid U.S. mail to any federal agency, state, county, municipal government, school service district or other governmental orquasi-governmental agency that owns orooertv within three -hundred (300) feet of the Drooertv su iect 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) V • • 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. o, �',�i Al 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 ASPEN PLAZA LLC TROUSDALE JEAN VICK LLC - C/O GARFIELD & HECHT 611 E HOPKINS AVE 517 E HOPKINS AVE 601 E HYMAN AVE ASPEN, CO 81611 ASPEN, CO 81611 ASPEN, CO 81611 BASS CAHN 601 LLC MYSKO BOHDAN D BOGAERT FAMILY TRUST PO BOX 4060 418 E COOPER AVE SUITE 200 PO BOX 300792 ASPEN, CO 81612 ASPEN, CO 81611 ESCONDIDO, CA 92030 MASON & MORSE INC PITKIN COUNTY BANK 80% SJA ASSOCIATES LTD 60% 514 E HYMAN AVE 534 E HYMAN AVE PO BOX 1709 ASPEN, CO 81611 ASPEN, CO 81611 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 S HOLLY ST P O BOX 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 LTD 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 BUILDING COMPANY OWNERS ASSOC 205 S MILL ST STE 301A LLC 517 W NORTH ST ASPEN, CO 81611 PO BOX 1066 ASPEN, CO 81611 ASPEN, CO 81612 ARCADES ASSOCIATES LTD 517 E HYMAN LTD 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 2-40 NORTH MILL ST STE 201 160 W 225 ST 160 W 225TH ST ASPEN, CO 81611 BRONX, NY 10463 BRONX, NY 10463 WOLF FAMILY TRUST LEMOS D & J 1/3 INT 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 • VOLK PLAZA 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 SPRING STREET PO C/O GULFCO LTD 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 BOOGIES BUILDING OF ASPEN RODGERS PORTER R JR & C/O LEONARD WEINGLASS CAROL L 534 E COOPER AVE #12 COUNTRY CLUB CIRCLE ASPEN, CO 81611 SEARCY, AR 72143 GONDEK CHARLENE ANN KOPP ROBERT L 50% 3960 HOWARD HUGHES 34425 HWY 82 PARKWAY 5TH FL ASPEN, CO 81611 LAS VEGAS, NV 89109 TOMKINS KERN AND 4 SKIERS LP COMPANY 1108 NORFLEET DR KERN ELIZABETH C/O NASHVILLE, TN 37220 3131 LAKESIDE WAY GRAND JUNCTION, CO 81506 ASPEN OFFICE SUITES LLC WOLF LAWRENCE G TRUSTEE 520 E COOPER AVE #230 22750. WOODWARD AVE #204 ASPEN, CO 81611 FERNDALE, MI 48220 • RAY W T JR SPEED J B 50 SCOTT AVE COOKEVILLE, TN 38501 FITZGERALD FAMILY 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 C O ASPEN ART SUPPLY 520 E COOPER AVE ASPEN, CO 81611 WAVO PROPERTIES LP_ YERAMIAN CHARLES SWEARINGEN WILLIAM F 443 SW SIXTH ST PO BOX 12347 ' 163 PONCE DE LEON AVE DES MOINES, IA 50309 ASPEN, CO 81612 ATLANTA, GA 30308 HUNTER PLAZA ASSOCIATES KIEFER KAREN B TRUST 1/4 MORRIS ROBERT P LLP 2130 NW 95TH ST 600 E HOPKINS AVE STE 304 C/O M & W PROPERTIES SEATTLE, WA 98117-2425 ASPEN, CO 81611 205 S MILL ST STE 301A ASPEN, CO 81611 NIELSON COL STEVE & CAROL SCHNITZER KENNETH L & D LISA L 501 S FAIRFAX 2100 MCKINNEY ST 1760 ALEXANDRIA, VA 22314 DALLAS, TX 75201 GOFEN ETHEL CARO TRUSTEE 455 CITY FRONT PLAZA CHICAGO, IL 60611 JOYCE EDWARD 11 S LA SALLE ST STE 1600 CHICAGO, IL 60603-1211 ARTLA LTD PARTNERSHIP WM C KING , 31 WINDING WAY VERONA, PA 15147-3853 MIAO SANDRA 9640 SYMPHONY MEADOW LN VIENNA, VA 22182 SCHNITZER KENNETH JR 2100 MC KINNEY ST 1760 DALLAS, TX 75201 CHATEAU ASPEN UNIT 21-A LLC -BLDG 421-G AABC ASPEN, CO 81611 BISCHOFF JOHN C 502 S VIA GOLONDRINA TUCSON, AZ 85716-5843 WILLIAMS CRAIG & LEE FAMILY PARTNERSHIP 8990 HEMPSTEAD STE 200 HOUSTON, TX 77008 TREUER CHRISTIN L 981 E BRIARWOOD CIR N LITTLETON, CO 80122 NATTERER HELEN 57 BURNBANK ST NEPEAN ONTARIO K2GOH2 CANADA, HELLINGER PROPERTIES LTD 1849 WYCLIFF DR ORLANDO, FL 32803 FERRY NATALIE PO BOX 166 GLENCOE, IL 60022 HABER WILBUR A HABERSANDRA 20409 KISHWAUKEE VALLEY RD MARENGO, IL 60152 ASPEN GROVE ASSOCIATES LLP PO BOX 3421 ASPEN, CO 81612 SILVER DIP 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 VAN WINKLE HOUSTON, TX 77024 SHUMATE MARK ERIKSEN STEIN FAMILY HENDIRCKS JOHN AND 1267 STILLWOOD DR PARNERSHIP LLLP BONNIE 1/2 INT ATLANTA, GA 30306 6427 D NORTH BUSINESS PARK 254 N LAUREL AVE LOOP RD DES PLAINES, IL 60016 PARK CITY, UT 84098 • WEIL• NANCY 1404 23RD AVE GREELEY, CO 80634 ANDERSON ROBERT M & LOUISE E 1021 23RD ST CHETEK, WI 54728 ZENSEN ROGER BREMER DR MALCOLM MD ZENSEN MARIANN 3263 AVALON PL 313 FRANCES THACKER HOUSTON, TX 77019 WILLIAMSBURG, VA 23185 ASPEN B COMMERCIAL PROPERTIES EMMY LOU BRANDT C/O 316 SOPRIS CIR BASALT, CO 81621 ROSS JOHN F 7600 CLAYTON RD ST LOUIS, MO 63117 BERSCH BLANCHE C TRUSTEE OF BERSCH TRUST 9642 YOAKUM DR BEVERLY HILLS, CA 90210 HUNKE CARLTON J LVG TRST 4410 TIMBERLINE DR SW , FARGO, ND 58103 DILL FRED H 41.1 BROOKSIDE AVE REDLANDS, CA 92373 TERMINELLO DENNIS J & KERRY L 656 RIDGEWAY -WHITE PLAINS, NY 10605-4323 HEMP SUZANNE H & MARLY P JR TRUSTEES -FOR THE SUZANNE HEMP LIVING TRUST 15476 POMONA RD BROOKFIELD, WI 53005 WEIGAND STEPHEN L 27/100 C/O J P WEIGAND & SONS INC 150 N MARKET WICHITA, KS 67202 KUTINSKY BRIAN 7381 MOHANSIC DR BLOOMFIELD HILLS, MI 48301 FEHR EDITH B REVOCABLE TRUST 294 ROUND HILL RD GREENWICH, CT 06831 BRADLEY MARK A PO BOX 1938 BASALT, CO 81621 SEGUIN MARY E TRUST 4944 CASS ST #1002 SAN DIEGO, CA 92109-2041 BERSCH TRUST 9642 YOAKUM DR BEVERLY HILLS, CA 90210 • CAVES KAREN WHEELER 1 BARRENGER CT NEWPORT BEACH, CA 92660 ASPEN SQUARE VENTURES LLP C/O M & W PROPERTIES 205 S MILL ST STE 301A ASPEN, CO 81611 MOEN DONNE P & ELIZABETH A 8 CABALLEROS RD ROLLING HILLS, CA 90274 RUBENSTEIN ALAN B & CAROLS 57 OLDFIELD DR SHERBORN, MA 01770 RED FLOWER PROP CO PTNSHP 545 MADISON AVE STE 700 NEW YORK, NY 10022 WALLEN MERT 36 OCEAN VISTA NEWPORT BEACH, CA 92660 DIBRELL CHARLES G JR & FRANCES 24 ADLER CIR GALVESTON, TX 77551-5828 CRAFT LESTER R JR 2026 VETERAN AVE LOS ANGELES, CA 90025-5722 PETERSON CHRISTY 62 LAKE SHORE DR RANCHO MIRAGE, CA 92270- 4054 WARNKEN MARK G ELLERON CHEMICALS CORP CORTRIGHT KEVAN J 1/3 1610 JOHNSON DR 710 NORTH POST RD #350 C/O CORTRIGHT REALTORS STILLWATER, MN 55082 HOUSTON, TX 77024 3806 PHEASANT LN WATERLOO, IA 50701 WEIGAND N R WEIGAND M C 150 N MARKET WICHITA, KS 67202 GODBOLD EDMUND O 524 COLONY DR HARTSDALE, NY 10530 RAHLEK. LTD @ BANK OF AMERICA HARDING & CARBONE INC 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 MAVROVIC ERNA 530 E 72ND ST APT 15-C NEW YORK, NY 10021 HENDRICKS SIDNEY J 6614 LAKEVILLE HWY PETALUMA, CA 94954-9256 • • PHILLIPS STEPHANIE 985 FIFTH AVE NEW YORK, NY 10021 APPEL ROBERT APPEL HELEN IN JOINT TENANCY 700 PARK AVE 18-A NEW YORK, NY 10021 HUNKE CARLTON J 4410 TIMBERLINE DR SW FARGO, ND 58103 CALGI RAYMOND D & ANNE A 134 TEWKESBURY RD SCARSDALE, NY 10583 SEGUIN JEFF W & MADALYN B PO BOX 8852 ASPEN, CO 81612 FLY MARIE N 7447 PEBBLE POINTE W BLOOMFIELD, MI 48322 PORTE BROOKE 3520 PADDOCK RD WESTON, FL 33331-3521 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 T - JACOBS NORMAN & JERI 2105 HYBERNIA DR HIGHLAND PARK, IL 60035 GILBERT GARY GARRISON LELAND M DALY CAROL CENTER 1556 ROYAL BLVD TRUSTEE 155 LONE PINE RD C-I I GLENDALE, CA 91207 4802 E SECOND ST SUITE 2 ASPEN, CO 81611 LONG BEACH, CA 90803 11 6 Ono a S �ossis�FrRNAl1 MOMOSOPasty • Blue Maize Additional Suggested Conditions The Applicant shall not vent the new dishwasher on the north side of the building if venting is required. MEMORANDUM TO: Aspen Planning and Zoning Commission <JAA THRU: Joyce Allgaier, Deputy Director Cg Ac? C-OVC,006 FROM: James Lindt, Planner �� Affocec 6-0 RE: Blue Maize Restaurant (308 S. Hunter Street) Conditional Use Amendment - vt t 0 1& Public Hearing ct N�Lo DATE: July 6, 2004 19`I A0 APPLICANT: Thomas W. i LOCATION: 308 S. Hunt ZONING: C-1 (Commercial) REVIEW PROCEDURE: Conditional Use: The Planning and Zoning Commission shall by resolution approve, approve with conditions, or �►4. , deny a development application for a!? t conditional use amendment, after reviewing a recommendation by the Community Development Director. PROPOSED LAND USE: Expand existing restaurantibar by 1,035 square feet. STAFF RECOMMENDATION: Approval with Conditions 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-1 (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 +V -trq Resolution No. 39, Series of 1993 (attached as Exhibit "C"). Additionally, the existing Blue Maize Restaurant space previously housed Lauretta's, the Yogurt Cafd, 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-1 (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 dumpsters 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-1 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 number 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 number 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.,�A 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." ATTACHMENTS: 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 • 0 REVIEW CRITERIA & STAFF FINDINGS EXHIBIT A BLUE MAIZE RESTAURANT CONDITIONAL USE 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-1 (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 011ies, 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. • xl Fyr .. y'aiNll Lam' 44 ,R a•, � � _rA�x ;•�i. t. x }� 54 iyyt Y r �y,r y. ,� .`� _ �� ..�.4„ i,3 � r�. !,.✓-�w ,:1 3 aCaj r�', �3` r`+ ai4� ' • • CITY OF ASPEN COMMUNITY DEVELOPMENT DEPARTMENT Agreement for Payment of City of Aspen Development Application Fees CITY OF ASPEN (hereinafter CITY) and \kow" (hereinafter APPLICANT) AGREE AS FOLLOWS: APPLICANT has subm0ed to CITY an application for 3((XA G�\,Aiz e (hereinafter, THE 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 By: Julie Ann Woods Community Development Director g:\support\forms\agrpayas.doc 1/10/01 APPLICANT Date: l oq Mailing Address: C� • ATTACHMENT 2 —LAND USE APPLICATION 'LICANT: ration: "l1S i t (y dish C�� art 6 [ 1 (Indicate street address, lot &' block number, legal description where appropriate) •cel ID # (REQUIRED .PRESENTATIVE me: — - - - dress: L t5 d U�v�� 'v.�n��5 (01 one #: C(�1 Ci - `,)-i 1 • 04'?) C :OJECT: ldress: 3a8 So one# cti0 - q25 CYPE OF APPLICATION: (please check all that apply): Conditional Use ❑ Conceptual PUD ❑ Conceptual Historic Devt. Special Review ❑ Final PUD (& PUD Amendment) ❑ Final Historic Development ❑ Design Review Appeal ❑ Conceptual SPA ❑ Minor Historic Devt. ❑ GMQS Allotment ❑ Final SPA (& SPA Amendment) ❑ Historic Demolition ❑ GMQS Exemption ❑ Subdivision ❑ Historic Designation ❑ ESA — 8040 Greenline, Stream ❑ Subdivision Exemption (includes ❑ Small Lodge Conversion/ Margin, Hallam Lake Bluff, condominiumization) Expansion Mountain View Plane ❑ Lot Split ❑ Temporary Use ❑ Other: ❑ Lot Line Adjustment ❑ Text/Map Amendment EXISTING CONDITIONS: (description of existing buildings, uses, previous approvals, etc. 4C W ROPOSAL: (description of proposed buildings, uses, modifications, etc.) [ave 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 .Il 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. • • ATTACHMENT 3 DIMENSIONAL REQUIREMENTS FORM Project: Applicant: ' Location: `mac Ah1 ",3 16W Zone District: ��►M�L �, F� Lot Size: t45 x t a o Lot Area: '43-0D Sq 2N'C- r'rylz (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.) — Commercial net leasable: Existing: Zc�vy Proposed: ! / ov s Number of residential units: Existing, N Proposed: Number of bedrooms: Existing: 4- Proposed: N14 Proposed % of demolition (Historic properties only): DIMENSIONS: Floor Area: Existing: Principal bldg. height: Existing: Access. bldg. height: Existing: On -Site parking: Existing: % Site coverage: Existing: % Open Space: Existing: Front Setback: Existing: Rear Setback: Existing: Combined F/R: Existing: Side Setback: Existing: Side Setback: Existing: Combined Sides: Existing. - Distance Between Existing Buildings Allowable: Proposed: Allowable: Proposed: Allowable: Proposed: Required: Proposed: Required: Proposed: Required. Proposed: Required: Proposed: — Required: Proposed: _Required: Proposed: Required: Proposed: _Required: Proposed: _Required: -Proposed.-_ Required: Proposed - Existing non -conformities or encroachments: 5mA4-1- 5 tl�o .!,.j (SA&K /N`� r' C)ri Pc'AWS - Variations requested: E • Page 1 of 2 From: "pbr" <amos@pbrworkshop.com> To: "pbr" <amos@pbrworkshop.com> Sent: Thursday, May 27, 2004 2:37 PM Subject: Re: Reply from Thomas Colosi Re: Blue Maize Restaurant Design In response to the "Submittal Key" required by the City for the proposed addition to Blue Maize Restaurant, the following information is provided: 1. Aaalicant's Name Address, Etc. THOMAS COLOSI 715 E. Hyman Avenue, #6 Aspen, Colorado 81611 (970) 948-0781 2. Proposed Development: Retail Space (presently leased by Craig Morrison) 308 S. Hunter Street Aspen, Colorado 81611 3. Property 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 Map 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. Description of Proposed Development. As noted in the attached plans (existing versus proposed), the development will include demolition of the 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/History 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) 948-0781. 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 CONCERN: May 21, 2004 Dear Sir: Re; Blue Maize Restaurant: I am the owner of the building located at 398 So. Hunter T. , Aspen, Colorado, The Blue Maize Restaurant is currently a Tenant, and wish to expand their restaurant. I approve of this expansion and will offer them a Loess for the additimal space. 70"A ASZZZZ�909 r11.1nn-ffnHM-3n 1.1r.+ ....' MORRISaFYRWALD 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 �. ;,Jo4---- 7 k 415 E. HYMAN AVENUE ASPEN, CO 8161 1 TEL: 970/925-6050 FAX: 970/920-9993 o cn Ym ❑ Cc Cc Ir - O W �g j zs oc ss a a O W v y O N t\ U7 C� zL r _ WLu CD Q QQUU N O W N W Q J Q Q ~ Q LL N �j0 z Q��o C U L �o�a w m aQ Notes: Lay( Plot: Scala.: 1 11, = l•-,- \/ Date: L L L stay 27, 001 SHEET: EXISITINC FLOOR PLAN BLUE MAIZE ADD I035 S.F. ELEV. �4.5 ' i RESTROOM - PLANTER � O o e..o ®o EMPL YEE VALK -Ir. PE VTR M COLD STORAGE 9 (f, u it A L L E'\� // C 8 0 �o �_ ED Y13 Q N 0o Q Q _ Er Q m a IL W cc 2 Co Cu n m z � a m Cc 9 o �0M0 CJ LL Qa~cc Lu O N==oO LU U) ��OU Q QC7 W 0 LLI m"aN a a Last Plot Scale: 114" = C-0" Date. May 27, 2004 SHEET. A :. . h5►•'+iRws�ei,,, IrwMorra. i•.�_ STORL Ilk { R • U • RESOLUTION OF THE ASPEN P ING AND ZONING COMMISSION FOR THE APPROVAL OF THE SILVER CITY GRILL (308 SOUTH HUNTER STREET) AS A CONDITIONAL USE IN THE C-1 ZONE DISTRICT i 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: 1. 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 1988 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 grad 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 ear 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. Attest: Jan Carney, Dep` y City Clerk ljl/silver Planning and Zoning Commission: Welton Anderson, Chairman J%SM ( IJC— T-L�a cE U t Cr-- fd /a,,) EVt&,_/ 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-,� e 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 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 only. 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: Jan Car -hey, Deputy ity Clerk J Date Signed Planning nd Zoni Commission: 441 Bruce Kerr, Chairman Date Signed /'5--'�/1 � 1. DIMENSIONS ARE TO FACE OF EJCG. 5/8' GYP. BO. OF EXTERIOR WALLS TO FACE OF 1 314• SOLID CORE OAK VENEER DOOR PARTITION WALLS. 2. GENERAL CONTRACTOR IS RESPONSIBLE FOR REVIEW OF CONSTRUCTION DOCUMENTS. COORDINATION OF STRUCTURAL, MECHANICAL, ELECTRICAL, AND CLARIFICATION OF ANY DISCREPANCIES WITH THE DESIGNER BEFORE ANY MATERIALS ARE ORDERED. 3. DO NOT SCALE DRAWINGS. ANY DIMENSIONAL DISCREPANCIES APPEARING ON THE DRAWINGS OR ITEMS REQUIRING FURTHER INFORMATION SHALL BE REPORTED TO THE DESIGNER FOR CLARIFICATION PRIOR TO CONSTRUCTION OF THE AFFECTED AREA 4. INTERIOR PARTITION WALLS SHALL BE 1 V4' SOLID CORE OAK VENEER DOORS WITH FIXED GLAZING ABOVE 8. 5. FURRED CEILING SHALL BE 518' GYP. BD. OVER 2 x 6 a 16' O.C. 8. EXISTING FLOOR FINISH TO REMAIN EXCEPT IN BATHROOM #105. 7. PATCH 6 REPAIR ALL DISTURBED WALL OR CEILING FINISHES TO MATCH ADJACENT SURFACES. 8. ALL WORK SHALL CONFORM WITH 1994 U.B.C.. AND ANY OTHER APPLICABLE CODES: AND ANY REOUIREMENTS OF THE ASPEN/ PITKIN COUNTY COMMUNITY DEVELOPMENT AND BUILDING DEPARTMENT. FLOOD PLAN 112' = 1'-0• Ql' Imo'' 101 � ''J MACLEOD i DESIGNS, LTD. me M� ern m WS4Li. COLgUoO 8161: (9Jp)9.7-% 0 EX'G. ELEC. PANEL II I l il' I N aayu....gnnma as qms x�aacen qe,® nw.� ' aM mpngM d waaoo Dovn, lhi M wrl� UYreme fNl Oe verlMil m va. My brtWYW mom.�.y tlull e< i Imu�.mamder \EXIT TO ALLEYWAY °-" oro m mmemnst 71 zoo ICI I�I ICI uj V U. 00 umWo O~� Z U=g _ Ii o w U 0 M Z a. W O � a SURFACE MOUNTED TO MATCH TRACK FIXTURE PENDANT FIXTURE Date Lssued For 97.17.00 rENui CONTINUOUS SOFFIT FIXTURE RECESSED TRACK TRACK FIXTURE DUPLEX OUTLET Project Number..D009 Drawn By: JCN TELEPHONE LOCATION RECEIVED FLOOR WALL MOUNTED FIXTURE 'Awi PLAN JUL 1 8 2000 FANNGHi 1 COMMUNITY DEVELOPMENT /� i A l O 1 Now O V O lr7 � ]C V) ❑Z BLUE MAIZE ❑ 8 ADD 1035 S.F. ELEV. «4.5 �; CfJ Q O ST AGE _TDP46E �- W DO V O N O DN- RESTROOM n m � _TORAGE �• -- O EMPL Yp EE VALY.-IN PESTRMOM COLD PLANTER 1� III _ STORAGE COLD STORAGE O PLSTMEND = at CORRIDOR lo=o �r 2X4X8 BRICK - PAVERS PRE- �z w� Q N w ¢ Q a) _ 7 ^ J � J H o N O 0 w Enw Q __J Cc Q z Q O _ BLUE MAIZE �1 (EXISTING) N Q CQ P U OF RL' KITCHEN ca) PFEF TRASH AREA ELEV. 0'-0' L rr nn VJ = LL W m Q N I (GAkUEt. ARE Ai ca) Lam' PPEP BAR DUMPSTER j AREA / AREA RAMP A'otes: I Last PW A,LLE Date: May 27, 2004 IL SHEET: EXISITING FLOOR PLAN A ® 1 0- 0 �o Y 0 o� Q cu 24:as Q O QWW p Om U � a m r I V W zv O 2 O N �--- O n QJ z W� as°Cm m 00 0 L u U) Lu cc W 2 00 O a = 0 =)0cr)W � maa CL N a a NDt40.' Lmt Plot: Scale: 1/4" - 1'-0" Dater May 27, 2004 SHEET: A - 2 MEMORANDUM TO: James Lindt, Community Development Department FROM: Cindy Christensen, Housing Office DATE: June 14, 2004 RE: BLUE MAIZE RESTAURANT EXPANSION Parcel ID 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/1,000 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. cic:h\word\referral\bluemaize_expansion.doc 6/9/04 DRC Meeting — Blue Maize To: Phil O, 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, 948-0781) Issues Raised: 1. James noted that the former tenant, Silver City Grill, was required to install a dumpster enclosure but the enclosure was never installed. James will make this a condition of P&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 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. If there 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 if P&Z and the Housing Dept agree that no additional employees will be added by the change -in -use. DRC/bluemaize6-9-04 • • MEMORANDUM To: James Lindt, Community Development Department From: Jannette Whitcomb, City Environmental Health Department Date: June 11, 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. If there 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. • 0 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. Aspen Consolidated Sanitation District Paul Smith * Chairman Frank Loushin Michael Kelly *Vice- Chair RECEIVED Roy Holloway John Keleher * Sec/Treas Bruce Matherly, , Mgr June 9, 2004 James Lindt Community Development 130 S. Galena Aspen, CO 81611 Re: Blue Maize Restaurant Dear James: JUN 14 2004 Mee BUILDING DEPARTMENT We currently have sufficient collection and treatment capacity to serve this proposed development. Service is contingent upon compliance with the District's rules, 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, Bruce Matherly District Manager 565 N. Mill St., Aspen, CO 81611 / (970)925-3601 / FAX (970)925-2537 RONALD GARFIELD' ANDREW V. HECHT DAVID L. LENYO MATTHEW C. FERGUSON' CHRISTOPHER J. LaCROIX'' CHAD J. SCHMIT3 NATASHASAYPOL PATRICIA M. TULINSKI' GREGORY S. CORDON' MICHAEL D. McCOLLUM PARALEGAL JASON K. BROLSMA GARIf°IELD & HECHT9 P.C. ATTORNEYS AT LAW E-mail: attyC garfieIdhecht.com Website: www.garficldhecht.com Via a-map1R mesI@cLaspen.co.us and First Class Mail Mr. James Lindt, Planner Community Development Department City of Aspen 130 South Galena Street, 3`d Floor Aspen, CO 8 1611 Re: Blue Maize Restaurant Expansion Dear James: June 29, 2004 601 EAST HYMAN AVENUE ASPEN, COLORADO 81611 TELEPHONE (970)925-1936 FACSIMILE (970)925-3008 110 MIDLAND AVENUE SUITE 201 BASALT, COLORADO 81021 TELEPHONE (970) 927-1936 FACSIMILE (970) 927-1783 The Garfield 8i 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. 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. Ve truly rs, field RG/mal I. ako admitted to 2. also admitted to ?. ak. admitted to 4. also admitted to 5. also admitted to New York Bar Connecticut Bar Illinois Bar "reaas Bar New Jersey Bar *Printed on recycled paper 94455_1.DOC t • RECEIVED RONALD GARFIELD' ANDREW V. HECHT DAVID L. LENYO MATTHEW C. FERGUSON' CHRISTOPHER J. LaCROIX` CHAD J. SCHMIT3 NATASHASAYPOL PATRICIA M. TULINSKI4 GREGORY S. GORDON1,5 ATTORNEYS AT LAW E-mail: atty @ garfieldhecht.com Website: www.garfieldhecht.com MICHAEL D. MCCOLLUM PARALEGAL JASON K. BROLSMA Via e-mal`rlaLi esl@ci.aspen.co.us and First Class Mail Mr. James Lindt, Planner Community Development Department City of Aspen 130 South Galena Street, 3rd Floor Aspen, CO 81611 Re: Blue Maize Restaurant Expansion Dear James: June 29, 2004 JUN 3 0 2004 ASPEN ASPEN, COLORADO 11 TELEPHONE (970)925-1936 FACSIMILE (970) 925-3008 110 MIDLAND AVENUE SUITE 201 BASALT, COLORADO 81621 TELEPHONE (970) 927-1936 FACSIMILE (970)927-1783 The Garfield 8L 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: 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. Longs 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. Ve truly y rs, field RG/mal I. also admitted to 2. also admitted to 3. also admitted to J. also admitted to 5. also admitted to New York Bar Connecticut Bar Illinois Bar Texas Bar New Jersey Bar ® Printed on recycled paper 94455_1.DOC 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 O ......... 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 9`h at 1:30 PM. DRC Date: June 9" Comments Due: June 16th Thanks, James CITY OF ASPEN COMMUNITY DEVELOPMENT DEPARTMENT Agreement for Payment of City of Aspen Development Application Fees CITY OF ASPEN (hereinafter CITY) and t 0Vw-S (hereinafter APPLICANT) AGREE AS FOLLOWS: 1. APPLICANT has subm0ed to CITY an application for �x o `, Zll)et Ili�aize S4vrou, ��osr (hereinafter, THE PROJECT). 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 applicat' n completeness, APPLICANT shall pay an initial deposit in the amount of $4 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 By: Julie Ann Woods Community Development Director g:\support\forms\agrpavas.doc 1 /10/01 By: _1 �Ih�✓LS =o�c"�> 1 Date: 5l t 6 /Uq Mailing Address: C'e 66lCAl RETAIN FOR WJ MAMW RKW MM s s 3 D { = I PITKJN COUNTY TREASURER N SOS E. MAIN ST., SLATE 201 co r PITKIN COUNTY TAX NOTICE ASPEN, ° , pO8F 392.3,>.s For 2W3 axr-s ire in 2004 www.azp*npi tkirLtora I.FGAL CESCRIPTtON OF V>01PERTY TAXING DISTRICT MILL LEVY .1 S1Q:CrnND T AND OF ASPEN BLK:100 LOT:A • } C17Y OF ASPEN 5.431 11,975.60 ; m LOT:C 11ESC: THE S 1/2 OF LOTS A, 8, AND C. ASPEtI FIRE PROTECTION ; 0.880 � s644.18 j ASPEN SANITATION DISTRICT 0.224 i i163.97 ASP81 SCtgE1t DISTRICT 8.955 ! I 56,555.24 D COLORADO in COlil.6E I 3.997 $2,925.86 3 ICOLORADO 010 RATER CMS 0.255 $186.67 1 ASPEN VALLEY HOSPITAL 1.5001 APR AUXAME OTSTRiCT 0.277 1 - 0.0% i $161.73 � i PITKIN COLUTY LIBRARY `` 1.401 - 0.270 I $827.91 j PIRLIN COUttY I 4.018 - 0.846 ! $2,321.97 ' o �> m S11C 3 no GIIJVIT $ � 0.40 j f761.18 � c OPOi SPACE & TRAILS 3.T72 , i 32,761.18 i i $0.00�NO 13M( 40M ISEWER C +r—l;!TY LIENSPEC14i LMPR� BU:+ D N^ j 112M f 327470 r 1 PERSONAL PROPERTY I C j 01 f SENIOR HCWESTEAD I j ! _ f EXENPTiQN ! v a tl+e tax rate Dar 51,000 of assess- a:uo.lcr.. — -- — NET TOTAL r--n_[_q-♦�+ri—f T - -�W y �3' �� ► ir-dirxfi Miry 501"1 rU.. Tn� ]� i 3 2524M '; rm I Id have Jaen _.1D.�_. 30.026 �•"•� —:."A E NJ-m r-.—TE x ?f?:�4TY W I-� 001 i R000631 ; IIFJIt $10,989.82 IS YOUR ADDRESS CORRECT? Please check the box on the coupon or c n address. OR N / �21,9T'9.64 co i m LONG (ERALD P & PATRICIA 0 r-V Meth checks payabN to: PCTKIN COUNTY TREASURER 4o WILLIAMS ST Post-dated checks are "t accepted. MMR CO OU18-4026 II yo:x real (not persona)) taxes wil be paid by v«K —^age Company, please do not duptkate paymeot N you ha+m sold ttbs property. please forward this slaternertt to the new owner or return, rt to this office marked '-propertY sold- (and mclo�de the rtiarne anJ address of the new owner _ f known). PLE SEE REVERSE SIOE OF THIS FORM FOR ADDITIONAL lNFORMA ,ON. TAX NOTICE RETAIN TOP PORT" FOR YOUR RECORDS._ � m N MAY-28-2004 09:58 AM 31g ti Mill r` 0 ►9 a 0 ca 0 c 0 0 0 0 a 0 D C ti 0 M1 X et POLICY NUMBER 05 X48741-02 �ALD.LONG 30 j22200 05 x49741-02 AMERICAN FAMILY MUTUAL INSURANCE COMP MADISON, WISCONSIN 53783.0001 COMMERCIAL GENERAL LIABILITY COVERAGE PART DECLARATIONS NAMED LONG, GERALD INSURED MAILINO 490 WILLIAMS ST ADDRESS DENVER CO 80218-4026 LIMITS OF INSURANCE P. 04 001 3NY COMPANY CODE. 0004-BLBK-CO GENERAL AGGREGATE LIMIT (OTHER THAN PRODUCTS -COMPLETED OPERATIONS) $2, 000, 000 PRODUCTS -COMPLETED OPERATIONS AGGREGATE LIMIT $2 f 000 f 000 PERSONAL 8 ADVERTISING INJURY LIMIT t1.360.068 EACH OCCURRENCE LIMIT $1 , 000, 000 DAMAGE TO PREMISES RENTED TO YOU LIMIT - ANY ONE PREMISES $100, 000 MEDICAL EXPENSE LIMIT - ANY ONE PERSON $5 , 000 LOCATION OF ALL PREMISES YOU OWN, RENT OR OCCUPY LOCATION 0001 PREMISES 001 308 S HUNTER ST ASPEN PITKIN COUNTY CO 81611 CLASSIFICATION PREMIUM CODE DESCRIPTION BASIS _ - RATE W _ ADVANCE PREMIUM ALL PR/ ALL PRI OTHER CO OTHER CO 61212 BUILDINGS OR PREMISES -BANK OR OFFiCE- MERCANTILE OR MANUFACTURING (LESSOR'S RISK ONLY) - OTHER THAN NOT -FOR -PROFIT PRODUCTS -COMPLETED OPERATIONS ARE SUBJECT TO THE GENERAL AGGREGATE LIMIT 4,500 41.355 $186.00 (002) (B) BEACH ONE THOUSAND 002-AREA APPLICABLE ENDORSEMENT CHARGES $75.00 CERTIFIED ACTS OF TERRORISM $5.00 TOTAL ADVANCE PREMIUM $261 .00 Forms and fri"ements applying to this Coverage part and made part of this policy at time of issue CG 21 44 07 98 CG 77 03 09 89 CG 21 70 11 02 CG 21 50 09 89 CG 21 47 07 98 IL 00 17 11 98 IL 75 02 06 99 CG 21 60 09 98 IL 75 26 01 00 IL 00 21 07 02 AGENT 108-308 PAGE 01 WILLIAM G HANK BRANCH 3NY 02-12 7596 W JEWELL AVE STE 201 ENTRY DATE 10/22/2003 LAKEWOOD CO 80232--6839 CR ✓1F 111 117 44 TNellarm SfOer No. RPrU 46 0 MAY-28-2004 09:58 AM WFALD_LONG 303IW2280 P.03 VJ 31 ti AMERICAN FAMILY MUTUAL INSURANCE COMPA* MADISON, WISCONSIN 53763-0001 COMMON DECLARATIONS POLICY NUMBER COMPANY CODE AMPLAN NUMBER OS X48741-02 0004—B1.8K—CO 318602 ru r`- O r'1 7 O ru O O a c� a 0 co 0 co O Q ti G .+1 s ti �O r x Ln 0 NAMED LONG, GERALD INSURED MAILING 490 WILLIAMS ST ADDRESS DENVER CO 80218-4026 POLICY PERIOD FROM 01/04/2004 TO 01/04/2005 12:01 A.M. Standard Time at your mailing address shown above. FORM OF BUSINESS: INDIVIDUAL BUSINESS DESCRIPTION: PROPERTY OWNER In return for the payment of the premium, and subject to all the terms of this policy, we agree with you to provide the insurance as stated In this policy. This policy consists of the following Coverage pans for whlrh a premium is indicated, this premium may be subject to adjustment. PREMIUM COMMERCIAL GENERAL LIABILITY COVERAGE PART $261.00 COMMERCIAL PROPERTY COVERAGE PART $8,724.00 TOTAL PREMIUM $8 , 985 , 00 Forms and endorsements applying to all coverage parts and made part of this policy at time of Issue: BK 00 00 05 93 AUTHORIZED �L)A,) _ _ eT i401 • � CouWfIRSIWD nCPnr.SENinTIVE sLICENSED RESIDENT ACENI AGENT 108-308 WILLIAM G HANK 7596 W JEWELL AVE STE 201 LAKEWOOD CO 80232-6839 LNSUREU PAGE 01 BRANCH 3NY ENTRY DATE 10/22/2003 02-12 U • 05975 46 0