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MEMORANDUM
TO:
Aspen Planning and Zoning Commission
.
THRU:
Julie Ann Woods, Interim Community Development Director
FROM:
Amy Guthrie, Historic Preservation Officer
RE:
303 E, Main Street, Special Review for Trash Area
DATE:
September 15, 1998
SUMMARY: In early 1996, the Planning and Zoning Commission reviewed several
aspects of the proposed redevelopment at 303 E. Main Street, including Special Review
to decrease the trash storage area, The code requirement for trash storage on the parcel is
a 10'x 20'x 10' space. P&Z approved the location of the trash area on the first floor of
the tower and a decrease in the height of the space to 8' in order to lower the overall
height of the tower. A drawing showing the approved trash area configuration is
attached, Note that although the area is configured like a garage, it is not designated
parking for the site,
Since that time the project has been built and the restaurant tenant has taken most of the
first floor of the tower 'for dry storage and cold food storage, Trash is being carried down
the alley to the Howling Wolf, who have made an informal agreement with Matsuhisa,
This situation appears to address the restaurant's trash disposal needs, but is preventing
the project from receiving a"Certificate of Occupancy,"
The applicant requests Special Review to further decrease the trash storage area and to
offset that decrease with a better trash removal program, including a written agreement
with the Howling Wolf and a more frequent trash pick-up schedule for the garbage that is
stored in the building,
APPLICANT: Matsuhisa, represented by Jeffrey Halferty,
LOCATION: 303 E. Main Street.
ZONING: CC, Historic Landmark,
CURRENT LAND USE: Restaurant, Bar, Retail Space, Apartment.
LOT SIZE: 4,500 square feet.
Exhibit A
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REFERRAL COMMENTS: The project was discussed by the City referral agencies
who had the following comments, The comments have been listed as conditions of
approval,
The Engineerin~ Department has no concerns as long as trash containers are out of the
City right-of-way,
Environmental Health will accept the proposal if the trash area in the tower is tightly
sealed off from the food storage area to their satisfaction, Environmental Health must
confirm that Matsuhisa will still have adequate cold food storage with the dedication of
some of the existing area to trash storage,
The Fire Department must confirm that the sprinkler system is adequate (this was
checked as part of the original application, but should be re-confirmed,)
Brian Flynn, the City's Environmental Ran~er has concerns that any trash dropped in
transport from 303 E, Main to the Howling Wolf, be picked up and disposed of,
STAFF REVIEW AND RECOMMENDATION:
26.64.040 Review standards for special review.
No development subject to special review shall be permitted unless the' commission
makes a determination that the proposed development complies with all standards and
requirements set forth below,
Utility/trash service area, Whenever the special review is for reduction of the dimensions
of a utility/trash service area, the development application shall be approved only if:
1. There is a demonstration that given the nature of the potential uses of the
. building and its total square footage, the utility/trash service area proposed to be
provided will be adequate.
Response: The proposed trash area, shown in two possible locations as Scheme A and
Scheme B, is 10'x 5'I"x 8,' or 54 square feet. The required space is 10'x 20' x 10,' or
200 square feet. Therefore the applicant proposes to provide one fourth of the required
space, This would appear to be unacceptable and inadequate without a means of
supplementing the space, which is what the applicant proposes through an agreement
with the Howling Wolf, an adjacent restaurant.
The City has been working for some time to consolidate trash areas and clean up the
commercial alleys by installing compactors, This alley is under consideration for a
compactor, but will probably not receive one for some time. In the interim, a formal
written agreement to share a dumpster with the Howling Wolf seems to serve a similar
purpose,
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The trash area which is designated on the 303 E, Main site will accommodate 5
residential type plastic garbage containers, According to BPI, these 5 containers are
equivalent to a 2.5 yard standard dumpster, Trash pickup service will be done on a daily
basis and the company can access the space through the garage doors by entering a code
on the security panel on the outside of the building, This area will handle the trash for the
apartment unit, bar area in the historic house, and retail space in the shed, The bar and
retail spaces are relatively small, 1044 square feet and 168 square feet respectively, and
the bar does not have a kitchen,
Staff recommends that P&Z accept the proposal on the receipt of a signed and recorded.
copy of the agreement with the Howling Wolf, Please note that the agreement states that
other tenants of the 303 E. Main project may use the Howling Wolf dumpster if needed,
which will provide a safeguard ifthe trash area in the building becomes fulL
Additionally, staff recommends conditions of approval that ensure the trash is adequately
handled in the future as follows, At such time as a compactor is installed in the alley, the
owner and tenants of 303 E, Main Street will be required to participate in that program,
If the agreement with the Howling Wolf becomes invalid before a compactor is installed,
and no other similar agreement is in place within 10 days, this approval will be nullified
and the applicant must modify the trash storage area on the site to the configuration
originally approved in 1996,
2. Access to the utility/trash service area is adequate.
Response: The proposed trash storage area is readily accessible from the alley,
3. Measures .are provided for enclosing trash bins and making them easily
movable by trash personnel.
Response: The trash bins are fully enclosed within the 303 E, Main building and
sprinklers are installed for fire safety,
As mentioned above, trash removal will be through the existing garage doors, directly
into the alley.
4. When appropriate, provisions for trash compaction are provided by the
proposed development and measures are taken to encourage trash compaction by
other developments on the block.
Response: It is anticipated that a common trash compactor may be installed in this alley
in the future, therefore the arrangement to share trash services with another business as a
temporary measure until that time seems appropriate,
5. The area for public utility placement and maintenance is adequate and safe
for the placement of utilities.
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Response: No other utilities are affected by this proposal.
STAFF FINDINGS AND RECOMMENDATION: Staff recommends approval of the
Special Review for Trash Area at 303 E, Main Street with conditions, finding that the
required standards have been met.
RECOMMENDED MOTION: "I move to approve Special Review for Trash Area at 303
E, Main Street with the following conditions:
1, The on-site trash storage area shall be as shown in either Scheme A or B, as shown
on Exhibit C and as reviewed by the Planning and Zoning Commission on September 15,
1998,
2, The attached agreement with the Howling Wolf must be signed and recorded with
the City Clerk's office within 15 days of this approval,
3. The separation wall between the trash area and food storage area shall meet the
requirements of the Environmental Health Department. Environmental Health must also
confirm that Matsuhisa will still have adequate cold food storage with the dedication of
some of the existing area to trash storage,
4, The Fire Department must confirm that the sprinkler system is adequate
5, In transporting their garbage from 303 E, Main Street to the Howling Wolf,
Matshuhisa, or any other tenants of 303 E, Main who may participate in the trash agreement
with the Howling Wolf, are responsible for picking up items that fall to the ground. Failure
to do so will result in a notice of violation from the City's Environmental Ranger and his
recommendation that the trash storage revert to 'the approval as granted in 1996,
6, No fewer than five 90 gallon residential type trash containers, or an equivalent size
dumpster will be placed in the on-site trash storage area and pick up for trash will be on a
daily basis, as represented by the applicant,
7, At such time as a compactor is installed in the alley, the owner and tenants of 303
E, Main Street will be required to participate in that program.
8. If the agreement with the Howling Wolf becomes invalid before a compactor is
installed, and no other similar agreement is in place within 10 days, this approval will be
nullified and the applicant must modifY the trash storage area on the site to the
configuration originally approved in 1996,
9, All material representations made by the applicant shall be considered conditions
of approval,
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EXHIBITS:
A. Staff memo dated September 15, 1998
B, Refertal comment from Brian Flynn, dated September 9, 1998
C, Drawing of trash area approved in 1996
D, Application
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September 9, 1998
.
Amy Guthrie
Community Development
. City of Aspen,
1'30 S Galena
Aspen, CO 81611
THE em OF ASPEN
Re: Matsuhisa Trash Disposal
Dear Amy;
. As per our conversation, I feel that the current proposal for Matsuhisa' s waste disposal is
sufficient. '
To my knowledge Matsuhisawill be obtaining a'writte.n agreement with the Howling
Wolf for the use of their dumpster. . In addition they will be adding fi've garbage
containers to be enclosed in the lower half of the tower building, Ifeel that under these
conditions they will be able to properly.dispose of1heir solid waste,
My biggest concern is the'transportation of garbage from Matsuhisa to 'Howling Wolf,
. During this time they should take great care to prevent garbage from blowing away or
.falling to the gromid, ,In the event it Does happen they will be responsible for cleaning up
any mess, The failure to do so will result in a notic.e of violation and my recommendation
that Matsuhisa use the bottom half of the tower building as it was intended, .
, . - .
In the future business' in the Commercial Core will be required to use compactors, At
that time, Matsuhisa will be required to participate in this program,
If youhave questioris'or would like to discuss this further please call me at 920'-5120,
~n .
Environmental Ranger
attachment
Exhibit B
130 SOUTH GALENA STREET' ASPEN, C<:LORADO 81611-1975 . PHONE 970.920.5000 . FAX 970.92Q.5197
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Type of Application (please all that apply) :
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_ Ccrx:ept::llal SPA
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_ Ccrx:ept::llal Historic OW.
_ Final Historic OW.
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9) Description of Devel~1t Application
10) "Have ya.x att:ad1ed the followin;j? .
~ Respollse to Att:admlent 2, MiniJDJm Sl1mi -=."'ion Contents
_ Response to At\:admIent 3, Specific Sl1mi ~ion Contents
Respa1l:>e to Att:admlent 4, Review stamards for Ycm:' Application
Exhibit D
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215 S Monarch. St. suite 202
Aspen, Colorado 81611
(970) 920-4535
(970) 925-4990 Fax
Memo
DATE: 8/26/98
TO: The City of Aspen
Community Development
Attn.: Julie Ann Woods, Deputy Director
S., Clauson, Director
AmY Guthrie, Staff H.P, C.
FROM: Jeffrey Halferty
RE: 303 E. Main Sl
MatsuhiSa Restaurant
ApplicatiOn for Planning and Zoning
Trash Storage Area
COMMENTS:
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Dear Amy,
Asper your request, here is the additional information l(OU requestecI. Concerning your memo. datelil:
8119198 we have answered your and Environmental Health's concern.
. MStsuhisa is submitting a letter of continued agreement with the Howling Wolf for trashdiepo$al.
. Matsuhisa would like to continue with the idea of creating a sealed off iJ:riilIh stoI.I;.~.
accessed from the soulhside of the tower, This ~ area will be 8I'JIlI'OX. 41 Sq.. If' 8I\IIIItwjIfr
accommoo.te bottt trash and recycling. Grease is dispollld of properly with a separate grease
trap, The storage area Will be separated fI1:ljft the dIy stolp area with a full height partition wall
with two layers of sheet rcck and coated wilh an aaylic paint.
. The trash af&a Will accommodate five-5 yard portab/e storage conlainers. There Will be a daily
pick up and no compactor will be used.
Please give me a call will1 any questions or requests,
C:~rty
cc: Matsuhisa Aspen
Nobu MlltSUhisa
Charles Fagan Esq.
Jeffrey Klein
Niklaus Kuhn
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TRASH SERVICE SHARING AGREEMENT
WHEREAS Aspel1 Madman, Inc, d/b/a The Howling Wolf (herein referred to as "The
Howling Wolf') is the tenant under a long term lease renting the building located at 316 E,
Hopkins Avenue, Aspen, Colorado; and,
WHEREAS Matsuhisa-Aspen, LLC d/b/a Matsuhisa-Aspen (herein referred to as
"Matsuhisa-Aspen") is a tenant under a long term lease renting space at the building located at
303 E, Mains Street, Aspen, Colorado; and,
WHEREAS Matsuhisa-Aspen and The Howling Wolf wish to consolidate their trash
service for both financial, environmental and aesthetic reasons,
NOW, THEREFORE, in exchange for the terms and conditions set forth in this
agreement, the parties agree as follows:
1, The Howling Wolf currently has a large trash disposal dumpster located on the
premises at 316 E. Cooper Avenue, Aspen, Colorado, The dumpster is serviced
and emptied on a regular schedule,
2, The parties agree that Matsuhisa-Aspen may dispose of its trash in The Howling
Wolf dumpster.
3, Matsuhisa-Aspen agrees to pay the monthly service fee for the servicing and
emptying of The Howling Wolf dumpster,
4, The parties agree that any increase or modification in trash service made necessary
by the terms and conditions of this agreement will be contracted for by The
Howling Wolf and paid for by Matsuhisa-Aspen.
5, The parties agree that Matsuhisa-Aspen shall be entitled extend the right to use
The Howling Wolf dumpster for trash disposal to the other tenants in the building
located at 303 E, Main Street, Aspen, Colorado,
6, The term of this agreement shall be for five (5) years from January 1, 1998,
7, The parties acknowledge and understand that this agreement will require them to
cooperate, communicate and work together to establish, maintain and use the
dumpster and trash service in a cooperative and reasonable manner. Therefore,
the parties agree that their conduct and the administration and interpretation of
this agreement shall be undertaken and conducted in a manner that respects the
rights of the respective parties and reflects each party's obligation to act in good
faith and fair dealing toward the other parties to this agreement.
'~.nt By: ~=-J.~ 12'12
j 31C)a1 79532;
F~.c:rM.ES'D 'Ffl:iAN
Aug-28-9B 2:30:
TO lr'l'lS1B187139925
Page 1/1
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TIl.A.SHSSVICE SHARING A<ilJlI!MJlN1' BeMeI1 Asplltl Madman. 1:00. dlb{a 1:b~ HowfiDg Wolf iIIld
_Aop<<l,L.L.CW.~
ASPEN MADMAN,Il'fC. P/lJIA THE HOWLING WOLF
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MATSUHlSA-ASl'EN, ILC
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Nobuko SinjaEaug,
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By:
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SEP. 15. 1998 1:38PM
[II
THE City O~ AsPEN
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NO. 680 P.l
PARKS DEPAR,.MENT
Mail to: 130 S. Galena Sf, Aspen, CO 81611
Ship to: 585 Cemetery Lane, Aspen, CO 8U;11
Tel (970) 920-5120
FAX (970)920-6128
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NUMBER OF PAGES 3 Indo'!',.., ~
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P{tdJIE NUMBER Q20 ~ ~..tSf
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SEP. 15. 1998 1:39PM
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Sections:
12.04.010
11.04.020
U.04.030
12..04.040
11.04.050
12.fJ4l16O
12.04.670
12-04.080
12.04.000
12.04.100
U-04.110
11.04.120
11.04.130
1'10.680
P.2
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12.04.010
Chapter 12.04
SOLID WASTE"'''1
Definitions..
Depositing of.garbage, tram and ashes.
. ArelllU'Ound dampsters maintained free of tTash, garbage.
Separate c:ontalners reguited for ashes.
Containcrs to be IIIllintained In sanitary condition.
Loeation of conlaiDlll'S.
Disposal requhd.
Frequeacy of collectiOD.
Control of ashes. trash Ol" gat'bage daring transportation.
Notice of viola1itm$..
Removal of unlawtbl :ac:cumuIations by aty~ lien for cost of reII1OvlII.
VIOlations deemed nnla'lri'uI.
Exemptions from requirements oftbls chapter.
"--.__oro.No. 7.198t.ll._ded_Ch.lO,ili lll-l-lG-l4._..__mlt..mil.\Y."'<odu""""'....
_lit Ch.lo.lf 10-1-10.14 [Cb.l2.04.fi 12Mmo-l2.04J.lO]. '!bopmuiri<lmof_C..IOclcrlwdfrlaoro. No.I7.1977.i I_om.
No. S7-197!l. H l-iS.
..CraoI........~B'alIh;qaoJ;trof....~._.... T'<lIol3;di1pooI1af_....................._.i IS.Q4.0IO;_af-'
-...........i ls.l2.0IQotsoq.;_g <Ii pa1l&<....pri\'olIop"'P""'Ypmbiloitod,f 15~ looopDI&afjl1ol:~' l5.04.4:lO"ob........!
;..- aad~oogulImd. i lJ-OU4O:_ ~_-"'i lS.04.56O(bl:mfaM-......u...;..._...,...ria_
"""'" pub.llll.04,92O(I).
12.04..010 Definitions.
For pmposes of tbis c\1aplIlr the fonowing temlS sball have the meaniJJgs lISCI:ibed ro 1hem:
Garbage. T.he lem1 "gamage" shall mean all wastes WIll the prepandion and COIIllIID1p1ion of food,
cll!lllemned food products and alllllfas" and W3$te from.1be 1landJing",5torage, preparatiOlland sa1e of produce.
Trasb. The tmIl "nsh" Shall mean au SObSlllllEeS, 'Wbich am neiftler ashes nor garbage, dis.:anled from
dWl'niTlg.<, roomiDg houses. hotels, el1Jbs, restalJADIs, boardinghouses, eating places. Shops. stores at oliw'
places of bi:BIness.
Ashes. Thewnm "ashes" sbaIl mean llle solid mddue left when mallllial is blll1led. (Om. No. 7-1988,
~ 1: ende 1911, 1110-1)
U.04JI2O Depositing of garbage, trash and l\llbes.
Every owmror occupanI: of premises wilhIIIlbB ~ shall deposit and cause ro be deposited all gatIIage,
trash and ashes wl)icb ac;cumulate thereon ill (1) :mImal-pmQf. fly-tight, covered conta.inet:s, at (2) (l......~'te:lS
approved by the enviroImtental heallh depamnenl, ill wl1il::h case gaIbage and tta.sb. sball be ~ecured m 1hIow
away containm or in a _ tba1 it is not blown Of SClIl1m:4 about llI' allowed III become a nnl",n~... III
tile neighbors or the area. (()nt. No. 7-1988, i 1: Code 1!171, i 10-2)
175
SEP. 15. 1998 l'39PM
12.04.030
1'10.680 P.4
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12.04..030 Area atOund dumpsters IIlIImtained Iree Qf trash, garbage..
:gvery owner or OWJp<IJlt of premises witbin tbe city using an approve(! dtllTlp-m.r sbaIl keep 1he area
wi1hin ten (10) feet of that d1ll11pster free of gmbage. 111lS1l. and ashes. COrd. No. 7.1988, !i 1: Code 1971,
1110-3)
12.04.040 SEparaR c:ontlIiners required for llShes.
All ashes accumubued 00 any ~s shall be plaCed. in a SIlitable conlJliner separate fttnn galbage
and lraSh COIl!aiDern. (Oxd. No. 7-1988, !II: COde 1971, !l10-4)
12.04.ll50 Cootainers to be maintained In sanitary coodition.
All garl1ilge, trash lIIId ash cantainers sha11 be mainlaim:d in a cIelIn lIDl1 sanitaJ:y condition. (om. No.
7-1988, Ill: Code 1971. !i 10-6)
:1.2-04.060 Locaiion of container&.
'lbe owner or llCl:tIplUIt of the premises shall pl~ garbage, trash and ash l.Xllltainers at or neartbe ~
or aIIey adjacem m 1he ~ in a pllIli1iOl1 convcnieDl for 1oadiDg. Provided, bowevet, tbaI: when coll<<tion
of trasll. and fl31'bage is not mmring all c:ontainers shall be placed on the premises so as to be OUI: of public
view as llU1Cb. as possi"le. (Old. No. 7-1988, !i 1: Code t971, !i 10-7)
12.04..0'70 Disposall'equb ai.
Evely ll\'VDer0l'OCQ..pm1l of1""'"'- wilbin tile t:iit.1 sbaIl provide:tis owrulI.e_ of c:olleclionaud dispOSal.
of ashes, trash and garbage. (Oni. No. 7-1988. !i I; Code 19'71, lIto-8)
12.04.080 Fnlqlleney of c:oIIec:tian.
~ wlled:ion and disposal of p1ba..o-e, ttash and asbes wirhiII th6 city shall be as often as necessuy .
III p;teVent a public bea1tb danger, fim d.mgcr or lnln'birion of right-of.way access. (Ord. No. 7.1988, !i 1:
Code 1971. Ii 10-9) .
l2.04..ll9Il Conlrol of asIIes, trash 01' garbage daring trmsp!lriation.
No person tI'3IISPOtting ashes. trash or garbage wiiflin the city shaU allow any to fJd1 or be blown from
tiJe; container or vehicle. (Ord. No. 7-1988, !i 1: Coda 1971. !i 10-10)
12.04.100 Notice of violations.
(a) If COlIditiOll.!l wbirJ:1 violate my provision of lhis dI.plta are determiIled by 1he environmental ht.:al1b
depattmeDt or city ~ mamhal to be 8Il ilmnedial:e pablie beaIth danger, me haW'll or a hazard in blOCking
~ aceess, they shall ClIlISe 1be nu.-~"'" removal of the 'Iio1a1ioD. In such C1ISe, a millim1lll1 fee of
tweIll:y-five dollars ($25.00) sba11 be cha1Je4 agal.vJltsudlprmnisesaod agaiDst1heownetor OQ:ll.p8I1t IilbcOf.
(b) All otIulr conditioDS wbicb. violalll my proviSion of lhis chapter shall be tagged. In a amsp\l::Uous
place by the envircmmartal hea1lh depattmem or their a.uthoIUe4 agent. The l3g shall specify tbe viola1ion
exiSdng, and SbaIl SIlltl:: tbat such'Vicl11lion shall be ....,u..aed wit!lin tweDl:y.{Qur (24) houts of the time noted
on !be mg. (om. No. 7-1988, i 1: Code 1971. fi 10-11)
176
SEP. 15. 1998 1:39PM
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l'1O.EB0 P.3
12.04.110
I2JI4..lIO Removal of wdawfullllWmulalioDS by city; lien for cost or removal
IflbeownerorOCCllpaDt ofpremi$eS in tI1eCity peunlts ashes, 1Jash, or gaJbagem l!I;CIIIIlul:e in violation
of anypmvisioD of tIlis cIIapCm', Ibe env!:lolllllellll3lbeahhdeplll:1:lolmtor fiR: marshahDay c:anse it to berernoved.
and disposed of. In such case. the cost ofl1le mnovallllld disposal sball be cbarged a,."llinst the premises and
the owner or occupant in addilioo to any regular cIlaIge for sud1. SllI:h COSt may be mneaed by 1hB city in
any aclion at law, referred for colJ..diOl1 by 1he city atlOmey, or assessed against the ptOpe1ty_ If 1hB owners
of1h6premises fail to pay such 8SSellSIIleut, itshall be c:mtified by the direcroroffinaoce III d:ie COWItytlllasllrer
to be p18lied on the tall list 1brthe l;llrIeDt year and collectlld in the same m~"","" as othu taxes, to3l'4her wilb.
a pe.naI.ty added fO defray ~t\....tniotr1ltive costs. The cost fur removal ao4 disposal may also be adde4 to !he
lIIOIllIlly -service fee pa.yable bytl1e llWlIeI'orOCCllplll1t oflbe premises pllI5ulIIItto Tille 2S oftheMmlicipal
Code of tile City of Aspen. If said cost is added to tl1e monthly WlIlm' service b and MIIllIiDS ,,~water
service to ti1e ptemiSll$ shall be (liSl:l)l1n-red pIllSUant III tbe provisiOll$ ofTlJ:\e 2S... A11l'he laws olthe sr:tte
for die assep....- and collecticm of geDeIlIl1llXas induding the laws for 1he sale of propeny for1llXes and
the MllII1p1:ion. dlereof sbaIl apply to IIIld have fWl effect fur the coIlecliOD of all :such assessmems. (0l'lI.
No. 7-1988, fi 1: Code 1971. i 1()"12)
u.G4.12O VioJatiOllll deemed UDlawflll.
Violalionof anyp.rovil;ion al'lbis ~by any pcmm. firm Ol'aJIPOration, whIIther as 1>Wmlror occupant.
Sballlx: unlawfullDll1 subject to l!IIl pe:naIty provisions In section 1.04.080 of dlls Code. (Old. No. 7-1988,
fi 1: Code 1971. fi 10.13)
12.lI4..13U E;._..~ from . "'Iuit......ts of this dJapter.
'lbe City CO''OOll1mby lI1JtbOrize$ the City m~"Vrto pem1it exceptions 1itJm lhe ~ of this
chapteron application when ilS tequitemeors will impose ~ difticultles or~baxdship. (Ord.
No. 7-1988, fi 1: Code 1971. Ii 1()"14)
177
~
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MEMORANDUM
TO:
Jeffrey Halferty
FROM:
Amy Guthrie
RE:
303 E, Main, Trash Storage
DATE:
August 19,1998
-------------------------------------------------
------------------------------------------------------------
I visited the site today with Betsy Kipp of the Environmental Health Department to hear
any concerns that she would have with the proposed trash storage, She had these three
comments:
1, Environmental Health would be willing to accept a continued agreement with the
Howling Wolf for trash disposal on their site if a letter of agreement between the two
parties was submitted,
2, Environmental Health would be willing to accept all or part of the site's trash storage
being contained on the pad between the tower and the shed. This is a designated
parking spot, so elimination of parking would have to be addressed, Presumably the
.owner does not want to lose this space and it is not the most attractive location for the
trash given the proximity of the entrance to Matsuhisa and the tower apartment, so
this may not be a good alternative,
3, Environmental Health will not allow any trash storage in the tower area unless it is
tightly sealed off from the rest of the food and dry goods storage in that area,
In addition, 1 spoke with Brian Flynn today, who is the City staff person working on
cleaning up downtown alleys. Brian is involved with the Commercial Core and Lodging
Commission's effort to place compactors in downtown alleys, which the abutting
businesses share, This particular alley is not considered one ofthe high priority areas, but
sometime in the future a compactor could be installed, In the meantime, he feels that an
agreement with the Howling Wolf or any other business in that area would be acceptable,
Please let me know if you can submit an agreement with the Howling Wolf. Otherwise,
if Matsuhisa wishes to pursue storing trash in the tower, I still need the information we've
discussed regarding dumpster size, frequency of pick up, etc" and Environmental Health
will need to know how that area will be completely sealed off from the rest of the storage.
This information has to be submitted to me by 9:00 a.m, on Wednesday, August 26th or
the item will be moved off of the September 1st agenda, Let me know if you have any
questions, Thanks!
I.
("'\
,.-,
ASPENIPITK1N COMMUNITY DEVELOPMENT DEPARTMENT
Agreementfor Payment of CIty of As1Jen D~elopment Application Fees
(please Print Qearly)
,
CITY OF ASPEN (hereinafter CITY) and M KC/J If AI.0 (0,..
Ch=in"fter APPUC'\L'IT) AGREE AS FOLLOWS: \
. .
1. APPUCAJ,'lT has submitted to CITY an application for '7? tc/ I (0 \; f&nbiV
'? 0 ? 6, M;=. \ 1\ (hereinaii:er, THE PROJECT).
2. APPUCAJ.'iT u:ndeIsta1:1ds and agrees that City or Aspen Ordinance No. 43 (Ser'ies or 1996)
establishes a fee strUcrore ror land use applications and the payment or all processing fees is a
condition precedent to a determination of application compieteness.
3. APPUC.!u'iT and Crr[ =e that bec:wse of the size. = or scope of the oroposed
projec".., it is not possible at this ~e to ascertain the filiI extent of the costs ~volvecf ~ ~cessing
the application. APPUC.!u"\j"T and CITY further agree that it is in the interest or the narties ~o allow
APPLic.!u"\j"T ~o make payment or an initial deposit :J.Ild :0 there::u'ter permit additio~ coS".s to be
billed to APl'UC.!u'iT on:J. monthly basis. .\PPLIC..!u"4"T agrees he will be benefited by rer"inin~
gre:ner c::lSh liquidity and will ::w.k:e additional payments upon notiiication by the l.~ ~ ,[ when they
are necessary ::IS costs are inC'=d. CITY =s it will be benerited through the =er :erlaintv or
~ ..............
recovering its full costs to process .\PPUC..!u"\jTS application. '
4. CITY and APPLIC.!u"\j"T further agree that ii is imnracticabie ror CITY sraifto compiete
- . . .
processing or present sufficient information to the Planning Commission and/or City Council to
enable the pI"nn;ng Commission and/or City Council to make legally required findings ror project
approval, unless current billings are paid in full prior to decision.
5. Therefore. .\PPU C.!u"\j l' agrees :hat in consideration of the CITY' 3 waiver of itS right to
collect full fees morto a detenninarion of atmlication completeness. APPLIC.!u'iT shall oav an
. ~ ...... " ... -
initial deposit in the amount ofS which is ror hours ofp]>!nning staff time, and if
actual recorded costs exceed the initial deposit, .\PPLICAl.'iT shall pay additional momhly billings
to CITY to reimburse the CITY ror the processing of the application mentioned above, including
post approval review. 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.
CITY OF ASPEN
s~
Co=unity Development Director
City of Aspen
APPLICANT
Signature:
Date:
Printed Name:
Mailing Address: