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Special Meeting Aspen City Council September 11, 1975
Mayor Standley called the special meeting to order at 7:08 p.m. with Councilmembers
Johnston, Parry, Pedersen, City Manager Mahoney and City Attorney Stuller present.
HIGH SCHOOL HOMECOMING BONFIRE Sigh School
5omecoming
Mayor Standley told Council this was a request from the High School to have their Bonfire
bonfire on the Rio Grande Property. Mayor Standley had Chief of Police Hershey and
Sanitarian Bob Nelson check it out in terms of the proper place to have this bonfire.
Hershey and Nelson agreed it was.
Mayor Standley told Council he had talked to John Ranyan of the High School and reminde~
him that last year's homecoming class did not clean up very well after the bonfirem.
Ranyan had promised Mayor Standley they would clean up thoroughly after the bonfire.
Councilwoman Johnston moved to approve the use of the Rio Grande for Friday, September
19, for the bonfire; seconded by Councilwoman Pedersen. All in favor, motion carried.
CALAHAN - Conceptual Subdivision Review Calahan
conceptual
Bill Kane, City/County Planner, reminded Council that the applicant wanted assurance subdivision
about the club house. Kane told Council that Calahan intended to use Benedict's
house as a club house, and as it stands that is not a permitted use in the R-15 zone;
however, it would be permitted in RR. Kane said the planning office would support
a proposal to rezone the property to RR. RR is a lower density, but does permit a
number of recreational uses. Kane read the list of permitted uses in the RR zone.
Benedict pointed out that this facility would be a dining room rather than a restaurant
Councilwoman Johnston said it was her understanding that this was to be a private club
facility for members and guests only. Kane said he had envisioned it that way also.
Jim Moran, representing the applicants, told Council that services to club members
would include being able to eat the~e and drink there. Councilwoman Pedersen asked
what the hours for this club house would be. Moran said this was hard to determine;
it depended on whe~ members wanted tennis privileges. Moran said he could anticipate
a narrow time when a meal could be obtained, and a time range on either side where
members could get soup and a sandwich. Moran pointed out that club facilities, in order
tO support themselves, had to have so~e services available.
Moran told Council there would be a licensing problem with the state. Club licenses
are available to either an affiliate of a national organization, or to a club that
has been in existense for five years and collected dues from members for five years.
Moran said this clubhouse could either apply for a regular liquor license, or remain
unlicensed and the facility would not have title to liquor and would not sell a drink.
Moran wanted Council to be aware that a club facility which excludes the general public
creates a licensing problem. Moran told Council this because there has been expressed
a desire on the part of the Council, the P & Z, and the developer that this area not
be a public restaurant and bar but be a membership club. This facility should also
be private membership rather than public because it will generate less traffic.
Moran told Council the applicant wanted Council to understand that this facility would
be run on a club basis with dining and drinking facilities in the clubhouse. Moran
told Council the licensing issue would be a problem later on, and he wanted Council to
be aware of this. Mayor Standley said the Council did nQt have the power to give
this pro3ect a liquor license that would be restrictive. The applicant would have to
present assurances to Council that they would be restrictive.
City Attorney Stuller stated that it bothered her that the term "kitchen facilities
had been expanded into a restaurant, which would give this a very public and high
profile character. Dining hall and kitchen facilites have a much more limited use;
group feeding, etc., was the intention of the definition. City Attorney Stuller
said this problem of definition was brought on by the applicant's broad interpretation
of the wording in the code. City Attorney Stuller said she did not think the City
should compromise the land use considerations to accommodate the liquor license
requirementS. Moran said he felt this definition was meant for a recreational club,
the type of golf or tennis recreational club.
Stuller read the uses and said she envisioned large groups of people, sports activities,
getting fed along with their activities. Her interpretation was not a private bar
and restaurant. Stuller told the applicant she wanted the problem of definition and
the liquor license to remain the problems of the applicants for them to resolve.
Planner Kane said he had not anticipated this project having a liquor license but
rather being like the Smuggler and Aspen Raquet clubs where people could bring bottles
of wine and the kitchen facilities were very low profile. Kane stated the idea of a
three-way liquor license was beyond the scope of anything the planning office had
discussed for this project.
Moran asked what conditions Kane was talking about that the planning office would
attach to the RR zoning. Kane answered the planning office would not encourage a
three-way liquor license for this project. Kane confirmed that the Council and
planning office was having a problem reconciling everything that is going to be
involved in this site; Kane stated he did not have a problem with. zoning the site
Moran asked what the term "Recreation club" means, this is a condition use in the RR
zone. Moran asked if "recreational club? meant what the applicant had envisioned this
facility as, or if the Council had another definition in mind. Kane said he felt
"recreational club" should be a place where members meet, bring their own liquor and
perhaps meals could be prepared as well.
Special Meeting Aspen City Council September 11, 1975
Councilman Parry said he envisioned this as a really nice club and facility, nice dining
Calahan rooms; not as a YMCA camp, The Council was having trouble determining which facility
conceptual they wanted.
f~subdivision
Mayor Standley asked Fritz Benedict how many square feet were in his house. Benedict
answered about 4,000 square feet. Calahan told Council he did not think this would
be like typical country clubs where there is a lot of social activity. Andy Hecht
told Council that maybe when this project comes in for a liquor license, the Council
will find they cannot grant one. The applicant is asking the Council to accept a
recreational club as outlined as a permitted use in the RR zone.
Councilwoman Johnston agreed with Councilman Parry and stated she felt it was nice for
people to have a club if they want that kind of experience. City Attorney Stuller told
Council her constraint was looking at the definition of "recreational club" in the code
and reconcile that with the Rural Residential zoning district. "Recreational club" as
outlined in the code, "A building devoted to public use including such facilities as
golf clubs, swimming pool clubhouse, tennis clubhouse, playground and play field
activity centers, or clubhouses and may include kitchen facilities, assembly halls,
meeting rooms and locker facilities." City Attorney Stuller pointed out that definition
has a totally different tone that a leisurely luxury club.
Mayor Standley disagreed and noted that golf country clubs are located in rural areas,
not commercial areas. The RR zone is compatible with a golf club-type facility. Mayor
Standley also stated that bar and restaurant is a very logical element in any type club.
City Attorney Stuller read the Rural Residential zone definition and told Council that
"recreational club" was a conditional use and would have to receive P & Z approval.
Calahan told Council they planned to operate on a twelVe month basis and were looking
for local support. Moran told CoUncil that the applicants were attempting to tell
Council as much about their contemplation of this facility right at the beginning to
avoid setbacks later. Mayor Standley said that if Calahan did not dedicate the road
to the City and the City did not accept the road, it is not illegal to isolate the
liquor license by not giving public access. Mayor Standley said the City can leave
the burden of proof on the applicant that they have restricted this facility to members
before the Council would grant a liquor license.
Councilwoman Pedersen stated she did not want to define bar-use at this time and would
not favor any such definition. If the applicant wants a private club, people can have
their own locker for liquor. Hecht said that was fine, the applicant just w~nts to
know what the use is, that food is okay; liquor is okay. Councilwoman Pedersen stated
that if this facility were to be a clubhouse for members, fine; but if it were to be
a commercial venture, she objected strongly.
Kane reviewed this project, telling Council this was a proposal for conceptual subdivision
The applicants have sought recognition of the proposed density, 34 units; 20 townhouses,
10 single family dwellings and 2 duplex units. This is on a 25 acre site. The applicant
also wants recognition of the circulation system of the layout. The planning office
recommends that the conceptual subdivision be given approval.
Councilwoman Johnston moved that the conceptual subdivision for Calahan be approved;
seconded by Councilwoman Pedersen.
City Manager Mahoney stated that the difference between private and public is not
relevant until the Council knows what the terms are. Private and Public is strictly
monetary. It could be $3,000 to join or it could be $30; there could be some other
form of restriction.
All in favor, motion carried.
Councilwoman Johnston moved to adjourn the special meeting at 7:45 p.m.; seconded by
Councilman Parry. All in favor, motion carried.
S. HaUter, City Clerk