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RECORD OF- PROCEEDINGS
PLANNING AND ZQNING
NOVEMBER 18. 1986
Meeting was called to order at 5:00 p.m. by Welton Anderson.
Roll call was taken. Jasmine Tygre, David White, Roger Hunt and
Mari Peyton were present. Jim Colombo came later.
COMMISSIONER'S COMMENTS
None.
PREVIOUS MINUTES
Since the minutes of the November 6, 1986 meeting were only just
now received, approval will be tabled until December 2nd meeting.
Motion was made by Welton Anderson to this effect with all in
favor.
There was a reminder here by Alan Richman of a joint meeting
Tuesday, November 25, 1986 at 5:00 p.m. with the Housing Committ-
ee.
And on December 9, 1986 Steve invited all in this room to a joint
meeting with the City Council for a presentation by the consulta-
nt.
LITTLE CLIFF'S - CONDITIONAL USE
Welton then read into the record a letter from Florence and
William Beaumont of 302 East Hopkins Street as follows: "We
think it is wonderful if Bill Cliff and Ruth establish their
bakery at 201 East Main Street. They are a legend in Aspen with
Aspenites and tourists. Sincerely."
Alan Richman then presented the request from the Littles for a
condi tional use bakery at 201 East Main Street. There are two
buildings on the lot. The request asks to Change the use of the
front building on the lot from a residence to a bakery. Also
they are requesting to make a small addition to the rear of the
building which would be about 260 square feet and to build a deck
on the East side of this building of about 415 square feet. This
addition is exempt because it is an individually historically
designated property. And there is no open space requirement to
the office zone.
The building at the rear of the property would be used as a
residence and is somewhat a change of the use of the property
al though at the present time it really does not have any
particular use other than storage. In terms of the code a bakery
is now a conditional use in the office zoning district pursuant
to Ordinance 46. Unbeknownced to the Planning Commission when we
went before the City Council we also in Ordinance 46 made a
bakery a conditional use a conditional use in the C-l zone.
Essentially a bakery is a conditional use in either the present
zone or the potential future zonin~ and the property has been
designated with an "H" overlay.
Alan said as far as their own review this is within zoning code
requirements which is criteria number one. Parking is to be in
excess of the code requirements. The size of the building is
within zoning requirements. One requirement which is that there
cannot be two separate uses of this property which would be a
nonconforming use of the land-the two uses must be interrelated-
so there is a requirement that residents which is proposed the
accessory structure that is that anybody that occupied that
residence would be an employee of the principal use bakery and
that is not a problem at all for the applicant. As far as consis-
tency with the zoning district we have made those determinations
in adding the bakery to the conditional use list and the plan as
proposed is quite in scale with the Main Street character which
is the basic intent of the zoning code.
As far as that kind of building with the surrounding land uses
which is the principal concern of this review my main concern
about creating this bakery use at some distance from the downtown
area is that we will be having some traffic impacts from it. The
six places off the alley are one way of meeting those impacts.
The neighbors in the back are concerned about the number of
parking spaces being provided. I believe it will be suggested
that that requirement be reduced since he has a right to 1.5 per
thousand. I would not recommend that reduction. People will be
driving to this use and we ought to provide substantial parking
for on street and off street. I am recommending that a bike rack
be placed on the property to further reduce the possibility of
people driving.
As far as deliveries, Burstein said he did not think there was
such a volume that there would be a problem. He said the
Engineering Department had no particular objections with trash
dumpsters at the site.
In summary he said the Planning Office is recommending the
conditional use permit with 5 conditions listed.
The representative for Cliffs then discussed condition #1, the
Environmental Health concern with the goods being delivered to
the house. He explained that for 26 years the Littles have had
goods delivered to the garage on their house. This was done for
two reasons. One was that it prevented a big truck from coming
into the downtown area and also it was simple for storage. The
items stored there are pans and big bags of flour. It is concer-
ting to the Littles that there are people all through town who
bake pies and goods in their homes and sell them to restaurants
and that is not regulated but the fact that they store a few
"2.
things in their garage is regulated. He quoted from the
Environmental as follows: "No operation of a food service
establishment shall be conducted in any room used as a living or
sleeping quarter. Food service operation shall be separated from
any living or sleeping quarters by complete partitioning in solid
self-closing doors." He pointed out that Cliffs would not be
preparing any food there. The items coming off the truck are
stored there then taken to the bakery. It is in a garage
separated from the house and living areas by complete partition
solid self-closing doors. So even under the Environmental Health
regulations he did not understand why this was being done. That
is the one area they really had a problem with because what they
had tried to do is accommodate not having as many trucks come
into the area, it prevents overcrowding in the bakery and has
operated very nicely for 26 years and really does not violate any
of the their own rules and regulations.
Alan Richman then explained the Environmental Health Department
were basing their comment on the letter between Kaufman and Chuck
Brant which simply said bake goods once a month delivery to
residence. It sounded to Alan that since it is being stored in
the garage and that there was a separation, he suspected that
that would take care of the Environmental Health condition and
would be nothing in the condition to inhibit the operation from
going forward.
Welton stated he wanted to point out before opening the public
hearing on this case that there has been considerable effort on
the part of the Planning Office and various departments of the
city to help facilitate this operation and in general the Commis-
sioners support it. He then opened the public hearing.
Phoebe Ryerson asked that approval be given to Little Cliffs.
Chuck Brandt asked to address the Commission about the parking
question. He represented the Buxbaums who own the residence
across the alley from the lots where the bakery is intended to
open. He said their concern is the number of off street parking
spaces. By the code 6 would be the number and that is the number
suggested by the applicant. He had spoken with the Kaufman and
asked if the applicant would be satisfied with fewer than 6 and
reduce the off street from 6 to 3. They are asking this as they
are concerned with noise caused automobiles coming into the
alley, parking in the off street parking, backing out, closing
doors, opening doors and that sort of thing. Also the Buxbaums
garage butts the alley so there is a conflict there, not major
but does exist.
They feel that when there is a situation of a residential zone on
half of a block and a commercial category use on the other, that
the alley should serve as a buffer, not as a way to enhance the
commercial use and perhaps cause a conflict with the residences.
Therefore, by minimizing the off street spaces off of the alley,
reduction of the conflict which is inherent between the two
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conflicting uses could be accomplished.
He also stated that Engineering had noted there seemed to be
adequate off street parking spaces on Aspen, which is the side
street. He felt that meant spaces readily exist throughout the
day. Also that a number of people who will use the bakery will
be early enough in the morning that they will park right in front
and not have to rely on the off street parking.
He stated that one further section which he felt addresses their
concern in granting a conditional use one of the standards which
must be applied is to make sure that the proposed use is designed
to be compatible with the surrounding land uses. He said Gideon
had indicated to him earlier that fewer than 6 spaces would be
acceptable to the applicant. Three spaces may be adequate now
but that there may be a fourth employee later. Brandt then
suggested that three spaces be designated now with the idea that
should a fourth space be needed for employee use that that could
be established at that time without having to come back before
the Planning Commission for further approval.
Alan then said that the applicant is proposing 6 spaces--3 per
thousand plus for the one bedroom. The code requires 5 spaces.
The minimum required with a 1.5 reduction would be 3 spaces. He
said he could accept a reduction of 5 spaces but could not
recommend a reduction beyond 5 spaces. If we are talking about 4
employees we are not talking about any off street parking patrons
of this use.
He said we would like to compatible with the neighborhood we need
to make sure not only that the residents directly behind the use
is having its needs met but that there will not be off street
parking impacts in front of all residences in this neighborhood
and he felt there is a need for off street parking. He preferred
the 6 spaces proposed but would compromise to 5 which is the code
requirement.
There was then discussion about square foot requirements between
Alan said his calculation came to 4 spaces for the bakery and one
for the residence for a total of 5.
Roger Hunt asked if the Buxbaum property was all garage in the
back on the alley. The answer was "yes". Roger then said this
was a buffer between the garage and the living quarters so he
felt the noise arguments did not hold up. He was then told it is
a two story building with bedrooms above the garage. Roger then
said he had a problem compromising down on the parking because he
does not feel it is going to be a very transient parking there
and also he thinks it important to have parking for delivery
vehicle and also for service vehicle.
Wel ton then asked for comment from the public. He closed the
public hearing and reopened it. James E. Moore stated that he
sees no problem with an extra parking space in the back. He said
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the rest of the people back there built their garages all the way
to the alley.
Shuchter stated that he had known the Littles all his life and
having been by the bakery quite often he wanted to say that
Little Cliff's is a necessary business for Aspen and also that
the area around the bakery has always been a friendly and quiet
atmosphere.
Dan Arrow urged that the Commission to take a look at what is
needed for the bakery rather than be strictly inclined to rules.
Welton then asked for any other public comment. There was none
and he closed the public hearing at 5:25 p.m. and asked for
Commissioners comments.
Al Blomquist said that all the parking should be provided. And
would raise the old question of a sidewalk on Aspen Street. We
cannot require sidewalks as previous conditions for approval but
felt that with the increased activity that a sidewalk is appropr-
iate.
Mr. Little was then asked if he was planning to put in a sidewalk
and he said "yes".
Welton then said that if there were no further comments he would
entertain a motion on this case.
Roger Hunt made the
with the conditions
memo dated November
all ayes.
Al Blomquist suggested that we drop #1 on the grounds that
residence is an R-15 zone on Snowbunny because only the rules of
R15 apply that nothing in this should apply in this zone.
Storage in another zone is only the subject of that zoning and
not of this zoning. He recommended to exclude #1.
motion to
1 through
18, 1986.
grant approval of this application
5 according to the Planning Office
This was seconded by Jasmine with
Roger then modified the motion to exclude condition #1 Planing
Office memo dated November 18, 1986 with conditions 2 through 5
remaining and renumbered as necessary. This was seconded by
David White.
Welton then said there probably is going to be some parking on
Aspen Street with people all going through the yard. Would the
applicant consider putting in a sidewalk if there seems to be
pedestrian parking along Aspen Street.
Little then said yes they do plan to put in a sidewalk.
The motion was then voted on with all ayes.
s-
BRASS-BED INN - L-3 GMP REVIEW
Alan stated that the quota available this year is 6 units. This
applicant is requesting 6 units from the 86 quota and 3 from
1987. There are also 20 existing lodge rooms and one employee
unit. He then explained the scoring procedures to the Board. He
said the Planning office ratings for this application
substantially are above the threshold both on total and
individual catagories. He said this is a high quality project
and quite deserving not only for the 6 units available for this
year but for the 3 units requested for 1987.
Alan said he did not know whether this applicant had contacted
the Engineering Department about retaining drainage. Retention
on-site of 100% is scored a 2. Engineering has been finding that
projects which have been doing that, the neighboring parcels have
been starting to see water levels rising and getting flooding in
basements. They are beginning to find that 100% retention does
not necessarily be an improvement service of the area. Alan
gave this applicant a 1 and not a 2 for retaining 100% on site.
Alan said the cri ter ia he would 1 ike to suggest whether appl ied
to this applicant or whether applied at all points in the future
is, if we have a drainage problem, for example a development up
by the Aspen Mountain area draining on to the downtown area and
we are trying avoid drainage off of one site onto another site
and the problem is being corrected by retention on site, that is
meritorious of a 2. If, on the other hand, we have a property
that retains some of its drainage now and some of it goes into
the city's drainage system and its not causing anyone a problem
then he thinks retaining it on site is not called for and we
should not put applicants to that extra added expense.
He said we are seeing a different standard in drainage for the
future in scor ing. It should be is there a problem and are we
solving the problem or are we creating a problem.
He said as far as the site design and architectural design, right
now there is a hodgepodge of structures built throughout a ten
year period of the 50s and 60s. And with this design we are
cleaning up the site with desireable and attractive building and
keeping with the standard in terms of the review criteria. The
site design has some very desirable features but there were some
trees which at a minimum are going to be replanted but there may
have to be some replacement. There are some sidewalk features
which he feels are positive. He hoped to see some more street
trees along Durant.
The other area of design problem was parking and circulation.
The proposal on the sit plan was ten spaces in the alley for the
9 new lodge units and the one employee unit which does meet the
code requirements. There are now spaces along Durant. People
can pull off of Durant and onto the front yard. Those spaces do
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need to be replaced on the site. And the project should be
scored accordingly. It is something that should be dealt with in
subsequent reviews and should not inhibit the project from going
forward at this time.
As far as amenities he found the package to be desirable and
appropriate for a lodge of this size and in fact the dining area
which is dining/lounge is quite spacious and desirable and
received the maximum points in our rating system. The meeting
areas and the recreational areas we found to be standard.
Employee housing we have on site to use one new and one rebuilt.
The existing unit is not being restricted. Both new units will
be restricted so we count both units in our calculations. They
will house 3 people which is more than enough of employees that
will be generated so they received 100% housing. They have 100%
reconstruction. So the applicant gets full points in both areas.
Welton then introduced Emon Antzer, the owner and operator of the
Brass Bed. In regard to the 3 points that the Planning
Department brought up he had something he wanted to say in regard
to two of the points.
Emon said that in terms of the street trees a final landscaping
report has not been submitted. He said they are trying to
maximize the solar plus the views. In terms of landscaping at a
lower type not t interfere with any of the views of the rooms
half of a level down. We are also maximizing all the solar we
can get because that is a south corner and any trees on that
would tend to impact that.
Secondly, he said, we are a bit confused with parking. We are one
of the lucky few lodges that people don I t rent cars and don I t
drive to. The bus stop is half a block over to take people down
to Rubey Park and down to all the other lodges. We have never
had, in terms of guests, a parking problem. We do have a problem
with the employees who live down at the end of Durant and the
people who stay down at the Chateau Roaring Fork and those
places, taking up some of our restricted parking. Therefore we
have shifted parking to the back as a control. We have provided
quite a few places in the back which mayor may not be necessary.
Secondly we are worried about keeping some of the places in the
front and how that will affect the view plain from those front
units. Historically speaking parking has not been a problem and
we are anxious to get the parking places in the back because we
feel we can control them a little more for the guests who do have
cars.
Alan said this could be talked about more in special review to
try to figure out what their requirements would be.
Welton then opened the public hearing for comments. There were
none. And the public hearing was closed.
The Commission members then did their scoring.
7
.
To all concerned:
At this time I had to turn the tape to the other side. From here
on, anything on the tape is totally garbled and sounds like cows
mooing over a field of empty bathtubs in slow motion. I do not
take shorthand and my own notes are only in support of what I
hear at the meeting and not enough to complete minutes of the
rest of the meeting.
Any recall you have of the rest of the meeting, please write it
down and give it to me and I will use this to complete the rest
of the minutes of this meeting.
GROSS STREAM HAaG IN -REVIEW
This was put off till after Downtown Shuttle Resolution
DOWNTOWN SHUTTLE RESOLUTION
After discussion on this, there was a rearrangement of the staff
recommended needs number wise.
Roger Hunt then made a motion to adopt Resolution No. 86-10.
This was seconded by David White. All were in favor.
GROSS STREAM HAaG IN REVIEW
Steve Burstein made the presentation of this and recommended
conditional approval.
He also discussed comments from the Engineering Department that
there be no increase in the base flood elevations, the need for
other vegetation, and no alteration of the watercourse. And that
the applicant comply with F.E.M.A.
After further discussion Roger Hunt made a motion to approve the
applicant's request on the conditions of the Planning Department.
This was seconded by Jasmine Tygre with all in favor.
Phoebe Ryerson then asked what the
bringing a project before the P&Z.
instructions on this.
proper procedure was for
Welton Anderson gave her
Meeting was adjourned at 6:40 p.m.
uty City Clerk
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