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AGE N D A
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ASPEN PLANNING AND ZONING COMMISSION
REGULAR MEETING
June 18, 1991, Tuesday
4:30 P.M.
2nd Floor Meeting Room
city Hall
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I. SITE VISIT (4:001
site Visit to the Rio Grande Recycle Facility
II. COMMENTS
III.
commissioners
Planning staff
Public
MINUTES /
IV. PUBLIC HEARINGS
A. Caffray Townhomes Conditional Use Review for an
Accessory Dwelling Unit "(~
B. Mccarthy Conditional Use Review for an Accessory
Dwelling Unit
C. Zimman Conditional Use Review for an Accessory
Dwelling Unit
V. NEW BUSINESS
A. Legends special Review for Open space
B. Rio Grande Conceptual SPA for Recycling Center
VI. ADJOURN
MEMORANDUM
TO: Aspen Planning and zoning commission
FROM: Cindy Christensen, Planning Office
RE: Upcoming Meetings
DATE: May 30, 1991
This is a list of your scheduled upcoming meetings.
Regular Meeting, July 2nd
Bellina Conditional Use for an Accessory Dwelling Unit (LL)
(PH)
Wolftone 1041 Referral (ES)
645 North Mill Street Conditional Use Review for a Satellite
Dish (LL) (PH)
Regular Meeting, July 16th
Aspen Villas PUD Amendment for Trash Enclosure (KJ) (PH)
Early Learning Center Conditional Use (DM) (PH)
Taylor Change in Use (KJ)
Regular Meeting, August 6th
100 Park Avenue Subdivision/PUD GMQS Exemption and
Condomiumization (KJ) (PH)
a. nex
MEMORANDUM
TO: Aspen Planning and Zoning Commission
FROM: Leslie Lamont, Planning
RE: Caffray Conditional Use Review
DATE: June 18, 1991
SUMMARY: The applicant proposes to demolish an existing duplex and
reconstruct a duplex with a two bedroom, 700 square foot, attached
accessory dwelling unit.. Staff recommends approval of conditional
use for an accessory dwelling unit.
APPLICANT: Ann Caffray as represented by Jack.Miller
LOCATION: 1150 Cemetery Lane -- Lot 3 Block 2, Pitkin Mesa
Subdivision, Aspen
ZONING: R-15
APPLICANT'S REQUEST: To provide a two bedroom attached accessory
dwelling unit pursuant to Ordinance 1 requirements.
REFERRAL COMMENTS:
Having reviewed the application and having made a site inspection,
the engineering department has the following comments:
1. It is preferable that no runoff from the buildings, driveways
or parking areas go onto any public right-of-way. - Per Section
24.7.1004.C.4.f of the municipal code, all but historical drainage
must be maintained on site. The applicant must demonstrate to the
engineering department that the drywells are sufficient to
accommodate drainage on site by providing calculations from an
engineer registered in the State of Colorado. We also need the
engineer to comment on the functional aspects of the facility in
order to determine that it can be cleaned for continual, proper
performance.
2. The applicant shall consult City Engineering for design
considerations of development within public rights -of -way and shall
obtain permits for any work or development within public rights -
of -way from City Streets Department.
3. The applicant shall agree to join any future improvement
districts which may be formed for the purpose of constructing
improvements in the public right-of-way.
4. The applicant needs to draw the parking spaces on the site plan
showing the required open area. This will be required for any
recordation of a subdivision plat.
STAFF COMMENTS:
Conditional Use Review - Pursuant to Section 7-304 the criteria
for a conditional use review are as follows:
A. The conditional use is consistent with the purposes, goals,
objectives and standards of the Aspen Area Comprehensive Plan,
and with the intent of the Zone District in which it is
proposed to be located; and
RESPONSE: The proposed accessory dwelling unit will be
approximately 700 square feet with a 600 square foot basement and
80 square foot deck. The unit will comply with the Housing
Guidelines and the requirements of Ordinance 1. The unit will be
deed restricted as a resident occupied unit for residents of Pitkin
County.
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
RESPONSE: Duplexes are an allowed use within the R-15 zone
district. The accessory dwelling unit is attached to the north
side of the duplex and should not be of great visual impact as the
three units will step down the hill.
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
RESPONSE: The proposed project will be below the height limits and
reflects the overall character of the surrounding residential area.
Site circulation has been discussed with the Engineering Department
and one entrance from Cemetery Lane with a turn -around area is
proposed. The entrance is located near the top of the hill in
order to enhance visibility of uphill traffic on Cemetery Lane.
An enclosed trash enclosure with an area for the trash truck to
maneuver is also provided. Ten parking spaces are provided on -
site (includes 2 two -car garages) for the eight bedrooms proposed
for all three units.
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 protec-
tion, emergency medical services, hospital and medical
services, drainage systems, and schools; and
2
RESPONSE: There is an entrance drive and on -site parking as
described above. The water, sewer and all utilities a:-.e in place
on the existing units. The applicants representative confirmed
with the water and sanitation district that the capacity exists to
service the three units. Either roof retention and/or dry wells
will be provided to facilitate storm runoff and disposal of water
in excess of the historic drainage rate.
A twelve foot minimum clearance is required from the Holy .Cross
power line. The applicant will comply with that requirement.
E. The applicant commits to supply affordable housing to meet
the incremental need for increased employees generated by the
conditional use; and
RESPONSE: The proposal includes a two bedroom, two bath affordable
unit for employees of Pitkin County. An increase in employees is
not expected by the provision of an accessory dwelling unit.
F. The proposed conditional use complies with all additional
standards imposed on it by the Aspen Area Comprehensive Plan
and by all other applicable requirements of this chapter.
RESPONSE: The conditional use meets the requirements of the Aspen
Area Comprehensive Plan and other requirements of this chapter.
The accessory dwelling unit is utilizing the floor area bonus as
provided in Ordinance 1 which states that, for above grade units,
500 or 250 square feet of the size of the accessory dwelling unit
is excluded from floor area calculations. Thus 250 square feet of
the accessory dwelling unit is not calculated in the overall floor
area for the entire development.
RECOMMENDATION: Staff recommends approval of the conditional use
for the attached accessory dwelling unit 'with the following
conditions prior to the issuance of any building permits:
1. the applicant shall, upon approval of the deed restriction by
the Housing Authority, record the deed restriction with the Pitkin
County Clerk, Recorders Office and Planning Department. The deed
restriction shall state that the accessory unit meets the housing
guidelines for such units, meets the definition of Resident
Occupied Unit, and shall be rented for periods of six months or
longer.
2. all representations that are made in the application and those
reviewed and approved by the Planning and Zoning Commission shall
be complied with.
3. the applicant shall demonstrate to the Engineering Department
that the drywells are sufficient to accommodate drainage on site
by providing calculations from an engineer registered in the State
3
of Colorado. We also need the engineer to comment on the
functional aspects of the facility in order to determine that it
can be cleaned for continual, proper performance.
4. the applicant shall consult City Engineering for design
considerations of development within public rights -of -way and shall
obtain permits for any work or development within public rights -
of -way from City Streets department.
5. the applicant shall agree to join any future improvement
districts which may be formed for the purpose of constructing
improvements in the public right-of-way.
6. The applicant shall draw the parking spaces on the site plan
showing the required open area. This will be required for any
recordation of a subdivision plat if and when condominumization is
applied for.
ATTACHMENTS: Site Plans
4
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,PUBLIC NOTIC
DATE YJI IF 1819ql
TIME --I
PLACE,2NoF�a N.Ro
PURPOSE
k(:CESS02/
r � f
FOR FURTHER INFORMATION. CONTACT THE ASPEN/PITKIN PLANNING OFFICE.
130 SOUTH GALENA, ASPEN, CO (303) 920-5090
JACK MILLER & ASSOCIATES, A.I.A.
ARCHITECTURE/PLANNING
Ms. Leslie Lamont
Aspen/Pitkin Regional Planning Office
130 South Galena
Aspen, Colorado 81611
Re: Caffray Conditional Use
Dear Leslie:
P.O. BOX 4285
ASPEN, CO. 81611
303-925-6930
This letter is to certify that we have posted our notice and
mailed letters to adjacent property owners prior to the ten-day
advance notice of meeting as required by ordinance.
Sincerely,
Jack Miller
JA K MILLER & ASSOCIATES
STATE OF COLORADO )
) ss.
COUNTY OF PITKIN )
The foregoing instrument was acknowledged before me this
14th day of June 1991, by Jack Miller.
AnTztness my hand and
�Qnmission
14
OF Gam"
official seal.
V
expires:
,1 ,
X tary Public
MEMORANDUM
TO: Aspen Planning and Zoning Commission
FROM: Leslie Lamont, Planning
RE: MacCarthy Conditional Use Review
DATE: June 18, 1991
SUMMARY: The applicant proposes to remodel an approximately 1,776
square foot residence and provide an accessory dwelling unit above
the two car garage. Staff recommends approval of conditional use
for an accessory dwelling unit.
The renovation of this Historically Designated structure was
granted final approval from the Historic Preservation Committee.
A variance for a rear yard setback to 8' feet and reduction of one
required parking space was granted by the HPC.
APPLICANT: Lynda MacCarthy as represented by Charles Cunniffe and
Associates
LOCATION: 214 West Bleeker Street, Original Aspen Townsite
ZONING: R-6
APPLICANT'S REQUEST: To provide a 540 square foot accessory
dwelling unit above the two car garage pursuant to Ordinance 1
requirements.
REFERRAL COMMENTS:
Having reviewed the application the Engineering Department has the
following comments:
1. It is preferable that no runoff from the buildings, driveways
or parking areas go onto any public right-of-way. Per Section
24.7.1004.C.4.f of the municipal code, all but historical drainage
must be maintained on site. The applicant must demonstrate to the
Engineering Department that the drywells are sufficient to
accommodate drainage on site by providing calculations from an
engineer registered in the State of Colorado. We also need the
engineer to comment on the functional aspects of the facility in
order to determine that it can be cleaned for continual, proper
performance.
2. The applicant shall consult City Engineering for design
considerations of development within public rights -of -way and shall
obtain permits for any work or development within public rights -
of -way from City Streets Department.
3. The applicant shall agree to join any future improvement
districts which may be formed for the purpose of constructing
improvements in the public right-of-way.
4. With reference to the adopted pedestrian walkway and bikeway
system, curb and gutter is required for all new construction by
City Code, Section 19-98. Rolled curb is to be used at the edge
of street paving in the West End.
STAFF COMMENTS:
Conditional Use Review - Pursuant to Section 7-304 the criteria
for a conditional use review are as follows:
A. The conditional use is consistent with the purposes, goals,
objectives and standards of the Aspen Area Comprehensive Plan,
and with the intent of the Zone District in which it is in;
and
RESPONSE: The proposed studio accessory dwelling unit will be
approximately 540 square feet. The unit will comply with the
provisions of the Housing Guidelines and the requirements of
Ordinance 1. The unit will be deed restricted as a resident
occupied unit for residents of Pitkin County.
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
RESPONSE: The accessory dwelling unit above the garage is intended
to replicate the alley carriage houses that were once prevalent in
the West End. The Cottage Infill program was developed to
encourage alley side accessory dwelling units.
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
RESPONSE: Although the unit is located above the garage, the
passerby will notice little difference from the properties present
condition as the massing is set to the West and back from the
existing structure, and screened with existing vegetation.
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 protec-
tion, emergency medical services, hospital and medical
services, drainage systems, and schools; and-
2
RESPONSE: There are adequate facilities for this proposal.
E. The applicant commits to supply affordable housing to meet
the incremental need for increased employees generated by the
conditional use; and
RESPONSE: The proposal includes an affordable unit for employees
of Pitkin County. An increase in employees is not expected by the
provision of an accessory dwelling unit.
F. The proposed conditional use complies with all additional
standards imposed on it by the Aspen Area Comprehensive Plan
and by all other applicable requirements of this chapter.
RESPONSE: The conditional use meets the requirements of the Aspen
Area Comprehensive Plan and other requirements of this chapter.
The applicant is utilizing the floor area bonus for accessory
dwelling units as provided in Ordinance 1. A floor area bonus of
181 square feet is being incorporated into this dwelling unit.
RECOMMENDATION: Staff recommends approval of the conditional use
f br the attached accessory dwelling unit with the following
conditions that prior to the issuance of any building permits:
a. upon approval of the deed restriction by the Housing Authority,
the applicant shall record the deed restriction with the Pitkin
County Clerk, Recorders Office and Planning Department. The
restriction shall state that the accessory unit meets the housing
guidelines for such units, meets the definition of Resident
Occupied Unit, and shall be rented for periods of six months or
longer.
b. all representations that are made in the application and those
reviewed and approved by the Historic Preservation Committee and
Planning and Zoning Commission shall be complied with.
C. the applicant shall demonstrate to the Engineering Department
that the drywells are sufficient to accommodate drainage on site
by providing calculations from an engineer registered in the State
of Colorado. We also need the engineer to comment on the
functional aspects of the facility in order to determine that it
can be cleaned for continual, proper performance.
d. the applicant shall consult City Engineering for design
considerations of development within public rights -of -way and shall
obtain permits for any work or development within public rights -
of -way from City Streets Department.
e. the applicant shall agree to join any future improvement
districts which may be formed for the purpose of constructing
improvements in the public right-of-way.
3
f. rolled curb shall be used at the edge of street paving in the
West End.
ATTACHMENTS: Site Plans
---EXHIBIT 'E- 1'
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No rz-T�4
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97\) W, bLee ST
CHARLES CUNNIFFE '& ASSOC LATES/ARCH rTEC7S
PO BOX 3534, ASPEN. COLORADO 81612 TELEPHONE 303/925-5590
EXHIBIT 'E---
NO e-T 4
f+6 A L►G ; I/g " � I i —p r i
CHARLES CUNNIFFE 6 ASSOcLATES/ARcHrTECTS
P.O BOX 3534, ASPEN. COLORADO 81612 TELEPHONE 303!925.5590
CHARLES CUNNIFFE &ASSOCIATES/ARCHITECTS
520 EAST HYMAN SUITE 301 ASPEN CO 81611 303/925-5590 CHARLES L CUNNIFFE AIA
s
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s
June 18, 1991
g
E
Planning and Zoning
City of Aspen
Aspen, Colorado
Res MacCarthy Residence
214 W. Bleeker
Aspen, Colorado
Attention': Jasmine Tygre Vice -Chairman
In Accordance with Land Use ApplicationSubmission
Requirements, I hereby affirm that notices were mailed out on June
71 1991 for the Planning and Zoning Commisssion Public 'Hearing for
Conditional Use Review for an Accessory Dwelling Unit.
A'certified list of all land owners within 300 ft. of the
referenced property prepared by Aspen Title Company was used for
mailing the notices.
Sincerely,(';
L.
J ver Derrngt , AIA
P oject Archit t
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MEMORANDUM
TO: Aspen Planning and Zoning Commission
FROM: Leslie Lamont, Planning
RE: Zimman Conditional Use Review
DATE: June 18, 1991
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SUMMARY: The applicant proposes to demolish a two bedroom house
except for a historic cabin portion that will be relocated on -
site. The historic cabin portion will be reused as a bedroom in
the redeveloped single family home. The development will also
provide an attached accessory dwelling unit in the basement. Staff
recommends approval of the conditional use for an accessory
dwelling unit.
APPLICANT: David Zimman as represented by Charles Cunniffe and
Associates
LOCATION: 620 West Hallam Street, Original Aspen Townsite
ZONING: R-6
APPLICANT'S REQUEST: To provide a studio accessory dwelling unit
in the basement pursuant to Ordinance 1 requirements.
REFERRAL COMMENTS:
Having reviewed the application the Engineering Department has the
following comments:
1. It is preferable that no runoff from the buildings, driveways
or parking areas go onto any public right-of-way. Per Section
24.7.1004.C.4..f of the municipal code, all but historical drainage
must be maintained on site. The applicant must demonstrate to the
engineering department that the drywells are sufficient to
accommodate drainage on site by providing calculations from an
engineer registered in the State of Colorado. We also need the
engineer to comment on the functional aspects of the facility in
order to determine that it can be cleaned for continual, proper
performance.
2. The applicant shall consult City Engineering for design
considerations of development within public rights -of -way and shall
obtain permits for any work or development within public rights -
of -way from City Streets Department.
3. The applicant shall agree to join any future improvement
districts which may be formed for the purpose of constructing
improvements in the public right-of-way.
4. With reference to the adopted pedestrian walkway and bikeway
system, curb and gutter is required for all new construction by
City Code, section 19-98. Rolled curb is to be used at the edge
of street paving in the West End.
STAFF COMMENTS:
Conditional Use Review - Pursuant to Section 7-304 the criteria
for a conditional use review are as follows:
A. The conditional use is consistent with the purposes, goals,
objectives and standards of the Aspen Area Comprehensive Plan,
and with the intent of the Zone District in which it is
proposed to be located; and
RESPONSE: The proposed studio accessory dwelling unit will be
approximately 300 sq. ft. of net liveable. It will comply with the
provisions of the Housing Guidelines and the requirements of
Ordinance 1. The unit will be deed restricted as a resident
occupied unit for residents of Pitkin County.
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
RESPONSE: A single family with an accessory dwelling unit is quite
compatible with the surrounding land uses which are residential.
The accessory dwelling unit will be located below grade and will
not increase the building floor area.
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
RESPONSE: The unit is contained within the primary structure
thereby reducing the visual impact of the.structure.
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 protec-
tion, emergency medical services, hospital and medical
services, drainage systems, and schools; and
RESPONSE: There are adequate facilities for this proposal.
E. The applicant commits to supply affordable housing to meet
the incremental need for increased employees generated by the
conditional use; and
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RESPONSE: The proposal includes an affordable unit for employees
of Pitkin County. An increase in employees is not expected by the
provision of an accessory dwelling unit.
F. The proposed conditional use complies with all additional
standards imposed on it by the Aspen Area Comprehensive Plan
and by all other applicable requirements of this chapter.
RESPONSE: The conditional use meets the requirements of the Aspen
Area Comprehensive Plan and other requirements of this chapter.
RECOMMENDATION: Staff recommends approval of the conditional use
for the attached accessory dwelling unit with the following
conditions prior to the issuance of any building permits:
a. the applicant shall, upon approval of the deed restriction by
the Housing Authority, record the deed restriction with the Pitkin
County Clerk, Recorders Office and Planning Department. The
restriction shall state that the accessory unit meets the housing
guidelines for such units, meets the definition of Resident
Occupied Unit, and shall be rented for periods of six months or
longer.
b. the Zoning Officer shall verify that the size of the unit meets
the minimum size requirements as defined in Ordinance 1.
c. all representations that are made in the application and those
reviewed and approved by the Historic Preservation Committee and
Planning and Zoning Commission shall be complied with.
d. the applicant shall demonstrate to the Engineering Department
that the drywells are sufficient to accommodate drainage on site
by providing calculations from an engineer registered in the State
of Colorado. An engineer shall comment on the functional aspects
of the facility in order to determine that it can be cleaned for
continual, proper performance.
e. the applicant shall consult City Engineering for design
considerations of development within public rights -of -way and shall
obtain permits for.any work or development within public rights -
of -way from City Streets Department.
f. the applicant shall agree to join any future improvement
districts which may be formed for the purpose of constructing
improvements in the public right-of-way.
g. a rolled curb shall be used at the edge of street paving in
the West End.
ATTACHMENTS: Site Plans
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CHARLES CUNNIFFE &ASSOCIATES/ARCHITECTS
520 EAST HYMAN SUITE 301 ASPEN CO 81611 303/925-5590 CHARLES L CUNNIFFE AIA
E
June 18, 1991
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Planning and Zoning
City of Aspen
Aspen, Colorado
Res Zimman Residence
620 W. Hallam
Aspen, Colorado
I
Attention: Jasmine Tygre, Vice -Chairman
In Accordance with Land Use Application Submission
Requirements, I hereby affirm that notices were mailed out on June
7, 1991 for the 'Planning and Zoning Commisssi'on Public Hearing for
Conditional Use Review for an Accessory Dwelling Unit.
A certified list of all land owners within 300 ft. of the
referenced property prepared by Aspen Title Company was used for
mailing the notices.
Sincerely,
Ja er Derrington, AIA
Pr ject Architec
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TO: Aspen Planning and Zoning Commission
FROM: Leslie Lamont, Planning
RE: Legends of Aspen Special Review for Use of Open Space
DATE: June 18, 1991
SUMMARY: Legends of Aspen seeks to establish outdoor seating in
the required open space.area in front of the building.
Staff recommends approval of the outdoor seating.
APPLICANT: Legends of Aspen represented by Craig Glendenning
LOCATION: 325 Main Street, in the Elli's Building, Aspen
ZONING: CC - Commerical Core
APPLICANT'S REQUEST: To place 22 seats in required open space in
front of the establishment, Legends of Aspen.
REFERRAL COMMENTS:
Engineering The Engineering Department has reviewed the
application and inspected the site and offers the following
comments:
1. The applicant shall consult City Engineering for design
considerations of development within public rights -of -way and shall
obtain permits for any work or development within public rights -
of -way from City Streets Department.
2. The outdoor dining area will increase the restaurant's capacity
by 22 persons. This should have a minimal effect of the building's
utility usage and trash generation. The extra capacity will
probably create more demand for parking in that vicinity.
3. The application did not provide much information on the
supports for the portable fence. The applicant should provide some
kind of assurance that the supports are designed to handle
additional loads other than the fence itself, i.e. bikes or people
leaning against it, the swing of the gates, etc.. It would be
extremely hazardous having a wobbly fence.
CCLC - The CCLC has reviewed this application and recommends
approval with the condition that the applicant adhere to State
Liquor Laws and establish a controlled area. The CCLC recommends
the format used on the Mall for outdoor seating areas.
Historic Preservation Committee - Because the proposal is in the
Historic Main Street District the HPC has reviewed the application
and granted minor Development approval for the outdoor seating and
fence proposal with the condition that the fence be redesigned
slightly to eliminate the saw -tooth picket top; height shall not
exceed 42". The fence is seasonal/temporary, and is to be taken
down in the winter.
STAFF COMMENTS: Pursuant to Section 3-301, required open space may
be used for commerical restaurant use if the commission determines
that such use is compatible with or enhances the purposes of these
open space requirements and that adequate pedestrian and emergency
vehicle access will be maintained.
RESPONSE: The applicant proposes to place 22 seats in the
courtyard -like area in front of the business. As required by
liquor laws, a fences must be provided separating the establishment
from the general right-of-way circulation. Staff was originally
concerned that seating located along the side of the building would
block pedestrian access from Main street to the alley. Therefore
the applicant has not requested seats to that area. However,
subsequent to a site visit staff feels that seats could be placed
on the side of the building without interfering with pedestrian
circulation.
Currently the front of the building, although designed with a
courtyard along Main Street is very underutilized. The surrounding
parcels either provide an active front courtyard eg. the Miners
Building or have established the front yard with a fence e.g. the
two cottages next to the Miner's Building.
RECOMMENDATION: Staff recommends approval of 22 seats in the
courtyard of Legends of Aspen with the following conditions:
1. The applicant shall consult City Engineering for design
considerations of development within public rights -of -way and shall
obtain permits for any work or development within public rights -
of -way from City Streets Department.
2. Prior to the issuance of a Certificate of Occupancy, the
applicant shall provide assurance to the Building Department that
the supports are designed to handle additional loads other than the
fence itself, i.e. bikes or people leaning against it, the swing
of the gates, etc..
3. The applicant shall establish seating for only 22 seats out-
side and shall provide a controlled area by using a fence type as
approved by the HPC.
4. The fence shall be redesigned slightly to eliminate the saw -
tooth picket top; height shall not exceed 42". The fence is
seasonal/temporary, and is to be taken down in the winter.
2