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HomeMy WebLinkAboutcoa.lu.tu.600 E Cooper Ave.A104-98 .~ ~ . ~7' "'"'. .,.-, MEMORANDUM TO: Julie Ann Woods, Community Development Director FROM: Sarah Oates, Planning Technician .So RE: Mezzaluna Tent - Temporary Use Permit DATE: December 10, 1998 Grant Sutherland, representing Hunter Plaza Associates, owner, is requesting a Temporary Use Permit to erect a tent in front of the Mezzaluna Restaurant, 624 East Cooper Avenue, for seven days starting December 27, 1998, and ending January 2,1998. The applicant is asking to use a day on either side of the allotted time period for setting- up and taking-down the tent. The applicant was granted a temporary use permit last year for the same set-up and the same dates. There were no problems with the tent last year. The tent would cover an area which is required open space currently being used as outdoor seating for Mezzaluna. The tent would not block any emergency access points and, assuming a building permit is required, should not pose any health or safety threats. The Community Development Director may approve Temporary Use Permits not exceeding seven days. Staff recommends the Director approve the Temporary Use of a tent in front of the Mezzaluna Restaurant with the following conditions: I. The tent shall be in place and in use for no longer than seven days starting December 27th, 1998, and ending January 2nd, 1998. The applicant may use a day on either side of this time frame to set-up / take-down the temporary structure. 2. The applicant shall obtain a building permit for the temporary structure. APPROVAL: I hereby approve this Temporary Use for a tent at the Mezzaluna Restaurant, 624 East Cooper A venue, with the 2 conditions listed above. '2L Date '1"/9 8>- e Ann Woods, Community Development"Director A.PPA OV€"D /)f::'rt 'U 1. CoMMUNlry, '" 1998 Dev[:;" Clry '01'41.- OF/jsPt~VrDIRtC/6fi ATTACHMENTS: Exhibit A -- Review Criteria and Staff Findings Exhibit B -- Application 1 I~ "'"' Exhibit A 26.96.030 Criteria Applicable to all Temporary Uses When considering a development application for a temporary use, City Council shall consider, among other pertinent factors, the following criteria as they, or any of them, relate thereto. A. The location, size, design, operating characteristics, and visual impacts of the proposed use. Staff Finding' The Temporary tent will be 15' by 30' by 8' tall at the top of the wall, and will occupy the same location as the current outdoor seating. Staff does not foresee any problems with the operating characteristics or visual impacts of the tent B. The compatibility of the proposed temporary use with the character, density and use structures and uses in the immediate vicinity. Staff Finding: The tent is not expected to create any character or density problems for the area. C. The impacts of the proposed use on pedestrian and vehicular traffic and traffic patterns, municipal services, noise levels, and neighborhood character. Staff Finding: The tent will occupy the area currently used for outdoor seating and will not alter pedestrian movements. The use is compatible with other downtown land uses. Staff Finding: The applicant is requesting a Staff level approval for a seven day temporary use. This is the second year for a tent at this location. D. The duration of the proposed temporary use and whether a: temporary use has previously been approved for the structure, parcel, property or location as proposed in the application. E. The purposes and intent of the zone district in which the temporary use is proposed. Staff Finding' The Commercial Core is the most intensive zone district in the City. The use of the tent for seating during the holidays is appropriate. F. The relation of the temporary use to conditions and character changes which may have occurred in the area and zone district in which the use is proposed. Staff Finding: There are no changes in the surrounding land uses that would prohibit this tent G. How the proposed temporary use will enhance or diminish the general public health, safety, or welfare. Staff Finding: The tent will require a building permit This review will ensure the safety of the Gommunity. PROJECT: ~. LAND USE ApPLICATION ,.-, Name: 2:Zl...AW/lJA Location: C::; ~. CooR"'.3e. s.Pe,.j La (b ( (Indicate street address, lot & block number, legal description where appropriate) ApPLICANT: Name: Address: Phone #: REPRESENTATIVE: Name: Address: Phone #: TYPE OF ApPLICATION: (please check all that apply): D Conditional Use 0 Conceptual PUD D Special Review 0 Final PUD (& PUD Amendment) D Design Review Appeal 0 Conceptual SPA D GMQS Allotment 0 Final SPA (& SPA Amendment) D GMQS Exemption 0 Subdivision D ESA - 8040 Greenline, Stream 0 Subdivision Exemption (includes Margin, Hallam Lake Bluff, condominiumization) Mountain View Plane Lot Split Lot Line Adjustment D D ~ Temporary Use o Text/Map Amendment c..." g ( bf G::. '1f If o Conceptual Historic Devt. o Final Historic Development o Minor Historic Devt. o Historic Demolition o Historic Designation o Small Lodge Conversion! Expansion o Other: I Ex"""", Co'D">O", <-- 0' -g bWlding'. -. pre~= """",... "'.) I PRoeosAL' <_plio", -'""" Iruilding, """ m__ "'.) Have you attached the following? D Pre-Application Conference Sununary D Attachment #1, Signed Fee Agreement D Response to Attachment #2, Dimensional Requirements Form D Response to Attachment #3, Minimum Submission Contents D Response to Attachment #4, Specific Submission Contents D Response to Attachment #5, Review Standards for Your Application FEESDuE: $-$0 r-,. "'"' ATTACHMENT 2 DIMENSIONAL REQUIREMENTS FORM Proj ect: Applicant: Location: Zone District: Lot Size: Lot Area: - I ~(?oa.p..tZ'1 k-=NT M<2-2LAWN,,+ b1. 4 l:::. t..o<::>~ ~~Pc"='-~ <.- ~16/1 (for the purposes of calculating Floor Area, Lot Area may be reduced for areas within the high water mark, easements, and steep slopes. Please refer to the defmition of Lot Area in the Municipal Code.) Commercial net leasable: Number of residential units: Number of bedrooms: Existing: Existing: Existing: Proposed: Proposed: Proposed: Proposed % of demolition (Historic properties only): ~ or Area: Existing: Allowable: Principal bldg. ~ Existing: Allowable: . ~ Access. bldg. height: EXl . : Allowable: On-Site parking: Existing: Required: Proposed: % Site coverage: Existing: Proposed: % Open Space: Existing: equire'iJ:.-., Proposed: ""- Front Setback: Existing: Required: Proposed: Rear Setback: Exi g: Required: osed: Existing: Required: Propos Existing: Required: proposed:~ ide Setback: Existing: Required: Proposed: Combined Sides: Existing: Required: Proposed: Existing non-conformities or encroachments: Variations requested: - c-- "'"' ATTACHMENT 3 MINIMUM SUBMISSION CONTENTS 1. Applicant's name, address and telephone number, contained within a letter signed by the applicant stating the name, address, and telephone number of the representative authorized to act on behalf of the applicant. 2. The street address and legal description of the parcel on which development is proposed to occur. 3. A disclosure of ownership of the parcel on which development is proposed to occur, consisting of a current certificate from a title insurance company, or attorney licensed to practice in the State of Colorado, listing the names of all owners of the property, and all mortgages, judgments, liens, easements, contracts and agreements affecting the parcel, and demonstrating the owner's right to apply for the Development Application. 4. An 8 112" x 11" vicinity map locating the subject parcel within the City of Aspen. 5. A s' Improvement survey including topography and vegetation showing the current tatus of the parcel certified by a registered land surveyor, licensed in the State of Colorado. (This requirement, or any part thereof, may be waived by the Community Development Department if the project is determined not to warrant a survey document.) - ~ "-, ATTACHMENT 4 Specific Submission Contents Development Application for Temporary Uses An application for a Temporary Use Permit shall include the following: 1. A sketch plan of the site showing property lines and existing and proposed features relevant to the temporary use and its relationship to uses and structures in the immediate vicinity. 2. If the application involves development of a new structure, or expansion or remodeling of an existing one then proposed elevations of the structure must be provided. 3. Written response to the review criteria (attachment 5). 4. Such other information as deemed necessary by the Planning Director for purposes of evaluating the application. att4\tempuse.doc ~ 1"'""'. ,......." Attachment 5 Review Standards: Application for Temporary Use Section 26.96.030 When considering a development application for a temporary use, City Council shall consider, among other pertinent factors, the following criteria as they, or any of them relate thereto. A. The location, size, design, operating characteristics, and visual impacts of the proposed use. B. The compatibility of the proposed temporary use with the character, density and use of structures and uses in the immediate vicinity. C. The impacts of the proposed temporary use on pedestrian and vehicular traffic and traffic patterns, municipal services, noise levels, and neighborhood character. D. The duration of the proposed temporary use and whether a temporary use has previously been approved for the structure, parcel, property or location as proposed in the application. E. The purposes and intent of the zone district in which the temporary use is proposed. G. How the proposed temporary use will enhance or diminish the general public health, safety or welfare. att5\tempuse.doc - ,.-, ASPEN/PITKIN COMMUNITY DEVELOPMENT DEPARTMENT ~. Agreement for Payment of City of Aspen Development Applications Fees . (Please Print Clearly) CITY OF ASPEN (hereinafter CITY) and 10 2Z.ZAWNtt (hereinafter APPLICANT) AGREE AS FOLLOWS: 1. APPLICANT has submitted to CITY an applica~on for '1GI'1Po~i. ~~rJT Folt.. {lr:.'{,c> (heremafter, THE PROJECT. 2. APPLICANT understands and agrees that City of Aspen Ordinance No. 43 (Series of 1996) establishes a fee structure for land use applications and the payment of all processing fees is a condition precedent to a determination of application completeness. 3. APPLICANT and CITY agree that because of the size, nature or scope of the proposed project, it is not possible at this time to ascertain the full extent of the costs involved in processing the application. APPLICANT and CITY further agree that it is in the interest of the parties to allow APPLICANT to make payment of an initial deposit and to thereafter permit additional costs to be billed to APPLICANT on a monthly basis. APPLICANT agrees he will be benefited by retaining great cash liquidity and will make additional payments upon notification by the CITY when they are necessary as costs are incurred. CITY agrees it will be benefited through the greater certainty of recovering its full costs to process APPLICANTS application. 4. CITY and APPLICANT further agree that it is impracticable for CITY staff to complete processing or present sufficient information to the Planning Commission and/or City Council to enable the Planning Commission and/or City Council to make legally required findings for project approval, unless current billings are paid in full prior to decision. 5. Therefore, APPLICANT agrees that in consideration of the City's waiver of its right to collect full fees prior to a determination of application completeness, APPLICANT shall pay an initial deposit in the amount of $ which is for hours of Planning staff time, and if actual recorded costs exceed the initial deposit, APPLICANT shall pay additional monthly billings to CITY to reimburse the CITY for 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 processmg. CITY OF ASPEN APPLICANT 5brw~ ~ -' Sigm~ Printed Name: Community Development Mailing Address: Acting Director City of Aspen ~ 11 I 3 ( "'Ii C,MrJ7' Sv-r/4~N= bCA c. C::>or:?C"'L As.P&0 l..::;:. 'Z ller ( 1"*'\ ~. tv1El2.AuJNA fc~TAvre.,c.~ T <.014 (- .loo(lcz Av2 A~p:::rV Go 3/ t.,( ( (j/~(c,g --r:; vJl-\or'l IT rv1f'>o'1 '--.:;.NG..~ MazAuJN-f". fL.....~p...LJ~T Wi LA... S,T-=-vt-, (..oN-S~cr,-=-N of'' T,....c '/.:M ();:;,~'tt TC-r-H 0,....1 Sf:'( vtZ-Dp,1 '2101"/-1 O:;.u;..rV//J8..... I c, Cfi>. IN <.? ~ t lA.... 6~ I.,) SINe, (~2- TG~r I~ A PS't...,oO Ol~ f\,J:> LorJ~~ l1~Po.,.r-.i 1- Ofl..i L '2.1-[/..1 OELL'::(Vlg~ - ,_/,"e:> S"f'-N.Jm,). IZ-A"t. ~ WI u.... 1]2 ;IN SUNOPf "3,((0 f-J (1->8L <Q.V<'~l( o....Js (?u:-~= TIO:.r-'VAr1-1 ' "-':::::J::;., ~::-. 1-..:: '- ~ I" <-<..-CC:- ( r=- '--f.:Jv (.4 A V'::: AN, '1'"" l=~T""'<-7 rv1,,? p(\ 9'L~ s-<< 1 . Mezzaluna. 624 East Cooper Avenue. Aspen, Colorado 81611 (970) 925-5882 . Fax (970) 925-3423 o """,,1<<1_, IIJI..V ~ .. ~.. ~~.. ............., ,~: ~ " "'"' '~";ROM A~.E PARTY RENTALS 97121 963 612177 P. 2 IMEZZALur'IA--h--i ,600 E. COOPER AVE. I , I 'ASPEN, CO. 12/26/97 I~OOPER ST. RESTAURANT : ...~.......'.".'..,.........._-- ; , I l._.~..... '"_'.''' F?rv<.E I. ! . 1S'~ 1$ G1 [E] 00' ~t1 ! .~ GI 'PAn 0 ~ F&vU? - POU"Jf"AiN FErvu;; ,.-, HUNTER PLAZA ASSOCIATES "'"' ANTHONY J. MAZZA 0/0 ANTHONY J. MAZZA SUITE 30lA 205 SoUTH MILL STREET AsPEN, COLORADO 81611 AREA CoDE 303 TELEPHONE 926-8032 December 4, 1998 To Whom It May Concem: Grant Sutherland is hereby authorized to act as the owner's representa- tive to secure permission to install a temporary tent on the patio next to the Mezzaluna Restaurant in the Hunter Plaza Building. for HUNTER PLAZA ASSOCIA: AJM:dr 081'9216-89 ~ ~ .... r: 0 <:: 0 <- ..IJ 0 .~ - 0 (;5 .... .. f.. - '"i, 0 ...... ru .~ - 0 "'" .-.(! .:- 0 D .." 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