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Home My WebLink AboutLand Use Case.411 E Main St.16A-84r 0 -Â£2 164 4% 4 4, 6 dc~, * 44 ~= Pour La France, Roaring Fork & ==4 2 Spoon, Open Space Reviews ~___~ ~ Â«a-4/WU C] 43 ~ 1~ - / 1 t. . . i NM Â£k:= CASELOAD SUMMARY SHEET .. City of Aspen 7- Â·'At / i :r .Â»40 I + '491'41; i , j i . 4 Â· ./ Â·'-8:-4, :. ~ f.6*,011*.: ~ -Â· CASE NO. \ 6 A -29 '~ '1Â·ii?~-0Â¤f: .: ~ *Â¥1:? 1 j... . 1 ~~Â·>'Â·7?. ff~ I. . . 1 .. STAFF: LLS\.e A - <Rke? PROJECT NAME: ~e Sh~A~.Al ~74-9 QAce 244&35 - 61Â£ (4 e-4.ce J An Â¢Â·aEs -34.fttlf.: ' APPLICANT: :SoLVL e>â‚¬4.-A.\ 3 (15661 99 4/44 Phone: 420 - 771 9 REPRESENTATIVE: Phone: i z r - 694 2 5 I . I ' ~' TYPE OF APPLICATION: (FEE) r .. .. I. GMP/SUBDIVISION/PUD (4 step) b.:....1.1- . 1:13':/'....: 1. Conceptual Submission ($2,730.00) #40Â·Â·. Vu -Â· 2. Preliminary Plat ($1,640.00) 3. Final Plat ($ 820.00) 02:i*ir__ II. SUBDIVISION/PUD (4 step) 71 9. 49; b .4-1 ft 't: ($1,900.00) 1. Conceptual Submission 2. Preliminary Plat ($1,220.00) 3. Final Plat ($ 820.00) III.' EXCEPTION/EXEMPTION/REZONING (2 step) ($1,490.00) IV. SPECIAL REVIEW (1 step) ($ 680.00) 1. Special Review 2. Use Determination 3. Conditional Use 4. Other: , PGZ MEETING DATE: VAA.1 11 CC MEETING DATE: DATE REFERRED: Ni94 REFERRALS: _dity Attorney ~ Aspen Consol. S.D. School District 4 / V City Engineer Mountain Bell Rocky Mtn. Natural Gas Housing Director Parks Dept. State Hwy Dept. (Glenwood) Aspen Water Dept. Holy Cross Electric State Hwy Dept. (Grd. Jctn) City Electric Fire Marshall v~ Building Dept. -70 ~%"1 Environmental Hlth. Fire Chief Other: FINAL ROUTING: DATE ROUTED: 5123'W 824Â·%41% 2 - City Attorney City Engineer Building Dept. . . 0 ., 1. Other: Other: . 1 ..1 FILE STATUS AND LOCATION: 4444 Ill K\lili .... 4*11 . lA. I . . 1 .e . :42- DISPOSITION: CITY PGZ REVIEW:(3 na_ 931-r. FAA,423 Â·, Pl- 'RZCIp.m. F\,1. 2-3) 1194 . 11~4-J Li--O PI?.1 Iq 13 -fld-kk zOd-O-3 rr~ PY.1-~ /111.A.px.~0 ke n:. n., 9. mb: 0 . . 1 1 . 4 54 +911 : f 72< Â·, Â· miâ‚¬ L Â·f<Â· CITY COUNCIL REVIEW: **911:,;0.,134 : 1 ~*4},%31~Â·Â«2:'. IM-:Â·' 'i'rÂ·i..C- . =al=.4, -1,/9 1 , Ordinance No. ."M '41!-:.8 i.:-54.. *41%248 . CITY P&Z REVIEW: /Â¥2:-:f.~@:*4 0:0*1044; :f-1 -1 E ,-2 &34 0'I.: Â· 6 - Â·-Â·- ~ 4#,I.:Â·. r: 45'-*;':>'Â·<7 ' CITY COUNCIL REVIEW: 2.f ..j:.7. 1 ;fi: ..... Ordinance No. CITY' P&Z REVIEW: ~4'4 A Â·33'41 - . a. 'Â·Â·Â·Â·' 1 pix. Et 14 0 jlf:.- CITY COUNCIL REVIEW: I 244:. :,2.3 i. i Â· I . EU : . c. /01*13Â·41 *f- ~4:Â·&-* i Â· Ordinance No. 4.fi--.:.24..z' imÂ»AÂ·â€¢42.>, :, Â·~' '' ~**UifÂ·-: Â·Â· , r?'h:.. 3:i. 7.- :...1 L ~ --1 râ‚¬t~: qi LE 7&*9 .*t~' ~10, / . file MEMORANDUM TO: Bill Dreuding, Zoning Enforcement Officer FROM: Leslie Lee, Planning Office RE: Outdoor Restaurant Seating in Aspen DATE: May 24, 1984 On Monday, May 22, 1984, special review approval was granted to Pour La France and to the Roaring Fork and Spoon restaurants to operate outdoor seating areas during the summer months. As I think you know, other restaurants in the downtown which had, in past years, opetated outdoor cafds in required open space were contacted by this office in an effort to solicit the required applications. No other restaurants submitted applications. Therefore, no others should be allowed to operate outdoor seating areas in the absence of such a special review approval. Appar- ently there are already restaurants which have begun illegal outdoor operations for this season and should be contacted immediately. From a public relations point of view, we would prefer that the City of Aspen not have to "shut down" unapproved outdoor cafAs in the middle of the summer season. It would be better to enforce the code as soon as possible before the summer gets underway. The City is very supportive of outdoor restaurant seating in private open space, but only when required approvals are obtained. CC: Sunny Vann Barry Edwards Jay Hammond Debbie Seguin John Bennett .. MEMORANDUM TO: Aspen Planning and Zoning Commission FROM: Leslie Lee, Planning Office \\ RE: Restaurant Open Space Review Pour La France 1 % \ N Roaring Fork & Spoon City Case No. 016A-84 DATE: May 22, 1984 APPLICANTS' REQUESTS Two restaurants, Pour La France and the Roaring Fork & Spoon, have made a joint special review application to utilize their buildings' open space as outdoor seating areas for their restaurant operations. Subsection 24-3.7(d) of the City Code pertains to this particular application. More specifically, subsection 24-3.7(d)(8) allows that with special review and approval by the P&Z, commercial restaurant uses may occur within the required open space of a building site. Both restaurants are located within Aspen's Commercial Core (CC) zone district. Pour La France is located at 411 E. Main Street on City Block #87. The Roaring Fork & Spoon restaurant is located at 304 E. Hopkins on City Block #80. Pour La France is located in the Epicure building, with a lot size of 6,000 s.f. 1,586 s.f. of the total 6,000 s.f. is open space. This represents 26.4% of its lot size. Pour La France is requesting that 207 s.f. (9 ft. x 23 ft.) of the 1,586 s.f. of open space area be utilized for outdoor restaurant seating during the summer months (approximately 13% of the total open space). Roaring Fork & Spoon is located in the Seguin building, with a total lot size of 3,000 s.f. 790 s.f of the total 3,000 s.f. site is open space. This represents 26.3% of its lot size. Roaring Fork & Spoon is requesting 300 s.f. (15 ft. x 20 ft.) of the 790 s.f. of open space area to be used as outdoor seating for the restaurant (approximately 38% of the total open space). PLANNING OFFICE REVIEW Comments from the Engineering Department dealt mainly with the Pour La France landscape planter. They were concerned that, in the original site plan for the proposed seating area, the planter encroached into the right-of-way by approximately 3 feet. In the current application, however, no right-of-way encroachment occurs. The planter was reduced to 1 foot in width and stands only on private property. Comments from the City Attorney's Office stated that both of the applications appear to comply with the intention of Section 24-3.7(d)(8). It was suggested that the Planning Commission will need to make its finding based on whether or not the proposed open space uses comply with and are not detrimental to the purpose and intent of subsections (d)(1), (2), (3) and (5). These subsections deal with open space requirements and not the commercial use of open space and are, therefore, not relevant to this review. They were dealt with at the time of project approval and are not changed by the special review applications. It should be noted that, in the case of Pour La France, both the Commercial Core and Lodging Commission (CCLC) and the Historic Preser- vation Commission (HPC) have approved the proposed plan. Both restaurants operated outdoor seating areas during the summer months of 1983. 0 0 A A., - 4 7 U- 2 0 4 1 1, I i E .. Page 2 From a circulation and design standpoint, both applicants provide for adequate access to and from the proposed outdoor seating areas. While neither site plan shows precise table placement, sufficient area exists for tables and circulation to occur. Also, access to and from the interior of the buildings will not be hampered given careful placement of tables. In the original GMP applications, outdoor restaurant seating was an anticipated future use for a portion of the Epicure courtyard. This intended type of outdoor and seasonal commercial use was not referenced in the Seguin Building (Smith Building) GMP application. PLANNING OFFICE RECOMMENDATION The Planning Office recommends that approval be granted by the Planning and Zoning Commission to Pour La France and the Roaring Fork & Spoon restaurants to utilize the requested open space for outdoor restaurant seating areas. If approved, the additional commercial square footage would be usable only in the warm months of the year. We feel that outdoor cafes actually enhance rather than detract from the usability of private open space as proposed by the two applicants. Furthermore, we think that this type of outdoor cafe use adds greatly to the viability of streetlife and pedestrian experience which is so important to Aspen. 0 0 MEMORANDUM TO: LESLIE LEE, PLANNING OFFICE FROM: JAY HAMMOND, CITY ENGINEERING ~~f DATE: MAY 7, 1984 RE: RESTAURANT OPEN SPACE REVIEWS This special review procedure was brought about, at least in part, by our experience with an encroachment request from Pour la France. The issue was raised as to the appropriateness of using required open space as income-producing restaurant seating. Pour la France, in order to utilize their adjacent open space as seating, proposes construction of a substantial planter in the right-of-way thereby providing a landscaping amenity without sacrificing any private property to that purpose. Since landscaping is one of the appropriate uses of private "open space" the question became whether the applicants should be allowed to push the planter area out onto the right-of-way. I have attached my memo of October 3 on the matter. One suggestion might be that the P&Z consider requiring that a percentage of the open space be used for landscaping and perhaps requiring a planted buffer of a specified minimum width between the proposed seating and the right-of-way on the private property. JH/co/RestaurantOpenSpaceReviews Enclosure Ine- r--3097(7(197591 ~ _MAY 10 1984~NI ASPEN / PITKIN CO. \ RANNING OFFICE fill CIT~4 1*ASPEN 130 ~uth galena ~reet asp AN, colo,ad.~0' 1611 303-995 -9Â¥0 h., MEMORANDUM TO: Leslie Lee, Planning Office FROM: Barry D. Edwards, Assistant City Attorney Z~ DATE: 5/7/84 RE: Restaurant Open Space Review - Pour La France; Roaring Fork & Spoon We have reviewed your memorandum of April 23, together with the application of April 15, 1984, by Deborah Sequin; and, the application of April 10, 1984, by Pour La France (John S. Bennett). The applications appear to comply with the intention of Sec. 24-3.7(d)(8), since the structures that have been constructed or are proposed (fencing and a planter) are contemplated in Sec. 24-3.7(d), the last parenthetical. But, the planning commission will need to make its finding that the proposed open space uses are not detrimental to the purpose and intent of sub-section (d)(1), (2), (3), and (5). To that end, the drawing submitted by Roaring Fork and Spoon lacks adequate dimensions; and, although the dimensions are stated in the Pour La France application, they aren't shown on its map either. If you have any questions or comments, please notify me. All in all, this appears to be a discretionary decision by the planning commission under the section. .. 6 F 9904(1:EE f BAI<ERY & CAFE 4/24/84 This confirms that Pour la Francel, Inc. has the landlord's permission to put outdoor seating in the area between its north window and the Main St. sidewalk. foy' The Epicurean cr. H. *E>iuÂ·CE:L Â« Q b Cr ,t j Wholesale Retai 3004*,HopÂ¥Â·Â·Scal#,-S,tied 408Â· SeletÂ·A+A~4444+ee Aspen, Colorado 81611 Aspen, Colorado 81611 (303) 920-1714 (303) 920-1151 .. FBB,F-/ BAKERY & CAFE 4/24/84 Dear Leslie: Please add this to our outdoor seating application. Collette had originally asked for it, but I only had it in verbal form at the time we submitted the earlier information. Thanks for' your help. Sincerely, John S. Bennett Wholesale Retail @00.-ew:Â©pyÂ»nith Street 411 E. Main Aspen, Colorado 81611 Aspen, Colorado 81611 108 South Mill Street (303) 920-1714 303/920-1152 Aspen. Colorado 81611 (303) 920-1151 4-0 0 April 15, 1984 Re: Outdoor Dining To whom it may concern; The Roaring Fork and Spoon made every effort to contact city authorities before establishing a patio business. After being told to simply "go ahead", we did. Accordingly, we have been serving food and beverages on the patio since June, 1983â€¢ We serve lunch from 11 am to 3pm. Our happy hour runs from Bpm to 7pm. Dinner is served 6pm to 10pm I own the building so there is no question about whether I have the authority to use the space. Also, the area is referenced in my liquor license. We donlt use the entire upper patio, but have fenced off I. h hu r VÂ· 1 , approximately 2/313 of it. The other third allows clear access 1 A C to Nickls Fish Market on the main level and to Allen Anderson Realty upstairs. The space we use is fenced to comply with liquor laws. We have 0 tables and 32 seats. These occupy approximately 38% of the open space. Sincerely, t Gibka'Â¢1Â»-h Deborah L. Seguin Owner 125Â·&-196 30 . st Ul,6, . 93'Â·..LLÂ· 4 2,/,/ 4 1 4 1 iDaft I 450so / (3>(3 ~ )(1 b .41 9% 1-Quj ., e. (4010. 0 2' HS; 1 2 .7 02 4.) ca fl \ 3 r'ION LOG\\ _15.1 - . + . ,Â»'. 1 1 V 1 Ir 1 01 yÂ· VE<L < 1<Ocirti jg For*K,0.Â·coohs-*t- ' f Lai 1, D OVE }f Â· 4 boo 51(1/ / -)) // // 1 , I 1 4 . I CA- Â· ~220-1 t-0 -1 X>UJLy' 4 - RA A r- L, 1 v cokl-Â· J 30>towsi 1-ouoc--e-Fot'o " -i~dil, ci roylk + OPDori f E i jht- . Cy rccâ€ž C C>i-)3(L . C Lo ,-0 9 4 . 1 7 -1 G re ch jÂ·K-30'3 C., Alic.\ i FOCCE , 651 , -1 ' 12. 0 U f- a 11901 BAKERY & CAFE 4/10/84 To: The Aspen Planning & Zoning Commission We are asking your permission to use the open space in front of our Main St. cafe for outdoor seating. The area falls between our front window and the sidewalk, a space approximately 10 x 24 feet in size. The proposed seating area is owned by our landlord. It would be separated from the sidewalk by a low planter which would be filled with flowers and small plants. The seating area, with its surrounding landscaping, would greatly enhance the attractiveness of our block. The colorful small sidewalk cafe - whether actually on the sidewalk or immediately adjacent - is exactly the kind of thing that people come to Aspen to enjoy. Outdoor cafes have a special character and personality that are very much in keeping with the spirit of Aspen and we believe they should be encouraged wherever possible. They appeal equally to locals and visitors alike - it was common in front of our former cafe on Mill Street to see tourists taking turns photographing each other seated at one of our sidewalk tables. The outdoor cafe, in short, is a delightful and popular addition to downtown Aspen. We believe that it represents a valid and positive use of open space that does not conflict with but rather is very much in harmony with the philosophy and intention of the open space requirements. Both the Commercial Core and Lodging Commission and the Historic Preservation Committee have unanimously approved our plan. We hope you will be similarly inclined. Thank you for your consideration. Sincerely, 4 114 5. /5-=,r John S. Bennett Chairman of the Board of Directors Wholesale Retail 300 Puploy' Smith Street 108 South Mill Street Aspen, Colorado 81611 411 E. Main Aspen, Colorado 81611 Aspen. Colorado 81611 (303) 920-1714 803/920-1152 (303) 920-1151 - 1 .. PROPOSAL: To Use Open Space for Outdoor Summer Seating Size & Location of Space: The actual seating area would be approximately 207 square feet located between the Pour la France! cafe and the sidewalk (along Main Street). We anticipate placing around 6 to 8 tables in the area. Dimensions of Planter: 34" high. The planter would be approximately 1 foot wide. Attached Plans: The attached drawings indicate the area in question. As drawn, the planter encroaches 3 feet onto the existing sidewalk - something for which we originally planned to ask permission from the City Council. For time con- siderations we decided to drop that request and we now plan to build a smaller planter entirely on our own property. The more narrow planter will retain the same basic design and appearance that are shown. Affect on Open Space: We do not plan to enclose - and thus actually reduce - any open space at all; however, we do propose to use 207 feet of the building's open space for open air seating in the summer months. The building has 1,586 square feet of open space, which represents 26.4% of its lot size. .. MEMORANDUM TO: Aspen City Council FROM: Jay Hammond, Assistant City Engineerj~-- DATE: October 3, 1983 RE: Pour La France Planter Encroachment Approved for submission to City Council L Applicant's Request: 0Â» Manoter The attached letter and site plan were submitted by John Bennett, on behalf of Pour La France, requesting an encroachment license for their Main Street restaurant. They are requesting the license for the purpose of constructing a planter in the right-of-way. Also attached is a memorandum from the Commercial Core and Lodging Commission, as well as a copy of the minutes of the Historic Preservation Committee meeting of August 9, both in support of the project. Referral Comments: The City Attorney's office commented that: " 1. Although the encroachment area itself would not be used for commercial purposes, placing the planter on the right-of-way instead of the applicant's property does expand the private property area usable for commercial purposes. This type of request (a la O'Leary's) is therefore distinguishable from the normal encroachment request (for canopies, rock fascia, etc.) and might be considered more as a mall lease than an encroachment license. 2. On the other hand, the planter will increase the at- tractiveness of the Main Street frontage. 3. I believe the outdoor dining space is going to be reviewed by the P&Z. This encroachment request should follow, or be in conjunction with, that review." The Zoning Officer had the following comments: " 1. Visiting the site I noticed the fire hydrant between the prpposed encroachment and the curb. Does this pose an access problem? .. Page Two Pour La France Planter Encroachment October 3, 1983 2. It might be noted that the restaurant use in the required open space is in the process of a Planning & Zoning Commission review as required in Section 24-3.7(8). 3. The area south of the proposed encroachment is required open space. Open space must be open to the street with certain exceptions such as fences and landscaping. Does this proposed bulk and encroachment meet the intent of these exceptions?" Review: In looking at the site plan for the proposed planter, it would appear that the encroachment will be for the planter alone and seating will not actually occur on the right-of-way. It is also the stated intention of the property owner to place trees in the sidewalk adjacent to the curb on Main Street. It would be possible to put in trees and the proposed Dlanter while still leaving the required eight foot sidewalk due to the width of the Main Street R.O.W. As noted by the Zoning Officer, there is a fire hydrant in the sidewalk that would probably need to be relocated to allow a clear sidewalk. Recommendation: While the applicant is not proposing to utilize the right-of- way as income producing seating area, it is clear that by placing the planter outside the property line the maximum available space is usable as seating. The applicant is proposing to provide an amenity to both the right-of-way and the restaurant in the form of landscaping without sacrificing any private property. In our recent attempts to establish a City policy regarding granting of encroachments, we have generally tried to discourage licenses for new construction on the theory that all new projects should contain all functions within the property. In view of the fact that this structure is new and that placement of seating in the project "open space" eliminates a substantial area intended for landscaping on the property, the City Engineering Department recommends denial of the Pour La France encroachment request. Council Action: If Council agrees, the motion should read as follows: "Move to deny the Dour La France encroachment request. " .. Page Three Pour La France Planter Encroachment October 3, 1983 If Council wishes to approve the request, we would suggest the following motion: "Move to approve the Pour La France encroachment request subject to the following: 1. Relocation of the fire hydrant at the applicant's expense to a location approved by the City Engineer. 2. Execution of an encroachment license agreement satisfactory to the City Attorney." JH/co Enclosures 1 - M la . L i . 1 1 . -Â¥92+L-_ . Fy yu --r H , 2. ,, U Â»/ CWN M,1 1 9/ 2/Â· . 11# # 1 . 4 1/Pk. 14 ,W : '7 . i,7 0 1% f 11/( v~*U 45>. )* 1, Â· * $\ 1-2h>- -- .. i, i. 4. ./. '. 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