HomeMy WebLinkAboutLand Use Case.CU.308 S Hunter St.A057-98MEMORANDUM APPROVED
TO: Stan Clauson, Community Development Director JUL 2 4 ft
FROM: Mitch Haas, Planner Uty C1 "V'Lof ENTDIRECTC�,
RE: Blue Maize Restaurant (308 S. Hunter Street) -- Insubstantial Amendment
to a Conditional Use Development Order. Parcel I.D. 2737 - 182 -25002
DATE: July 21, 1998
SUMMARY: The proprietors of Blue Maize Restaurant would like to remodel their
space by taking over some of the existing floor area of the adjacent business in order to
make room for a bathroom. Their patrons must now go outside, downstairs, through the
alley, and past the dumpsters to use the nearest available rest room. The restaurant space
is very limited and does not contain enough room to simply place a rest room within the
existing confines.
In addition to adding a rest room, the proposed remodel would give Blue Maize access to
the alley for deliveries, which now come in through the front door. The proposal would
utilize the minimum space necessary to accomplish the goals of alley access and
providing rest rooms. The remodel would also provide the restaurant with additional
space for their customer seating area, but the applicant represents that the total amount of
seating will still be within the maximum permitted (24 seats).
Planning and Zoning Commission Resolution 90 -5 approved restaurant use at the site in
question and contains a condition stating that the allowable base line operation of the
space is set at six (6) full time equivalent employees, twenty -four (24) customer seats,
and 750 square feet. The condition goes on to state that "any upgrade in service e.g.
number of employees or seats shall constitute a change to the conditional use and shall
require an amendment to this conditional use approval." Thus, the applicant is requesting
the above described amendment to the conditional use.
DISCUSSION: Section 26.60.080 of the Land Use Code provides that "an insubstantial
amendment to an approved development order for a conditional use may be authorized
by the planning director," provided the proposed amendment is limited to changes in
operation which meet the five (5) following standards.
1. The change will not cause negative impacts on pedestrian and vehicular traffic
circulation, parking or noise; and
STAFF RESPONSE: Remodeling by taking over some of the adjacent commercial space
and adding a bathroom is not expected to negatively impact pedestrian or vehicular traffic
circulation, parking or noise. In fact, the remodel will provide the restaurant will alley
access, enabling deliveries and service vehicles to use the rear, instead of the side, alley.
This should have positive impacts relative to vehicular circulation and noise.
2. The change will not substantially affect the tourist or local orientation of the
conditional use; and
RESPONSE: Whatever local orientation exists in the restaurant will be maintained. The
ownership will also remain 100% local, and the restaurant will continue to be open for
most of the off - seasons.
3. The change will not affect the character of the neighborhood in which the use is
located; and
RESPONSE: The remodel will have no affect on the character of the neighborhood.
4. The change will not increase the use's employee base or the retail square footage in
the structure; and
RESPONSE: The employee base of the restaurant will not be changed in any manner.
The square footage of commercial uses in the building will not change either. Some of
the space occupied by one business will be transferred to another business, but the overall
retail square footage of the structure will remain constant.
5. The change will not substantially alter the external visual appearance of the building
or its site.
RESPONSE: The external visual appearance of the building and its site will not be
altered in any way.
Section 26.102.040(C), CommerciaUOffice GMQS Exemptions (Expansion of
Commercial or Office Uses)
Section 26.102.040(C) provides for a GMQS Exemption by the Community
Development Director for the expansion of commercial uses in a building by not more
than 250 net leasable square feet, if it is demonstrated that the expansion will have
minimal impact upon the city. The cited section states that,
A determination of minimal impact shall require a demonstration that a minimal number
of additional employees will be generated by the expansion, and that employee housing
will be provided for the additional employees generated; that a minimal amount of
additional parking spaces will be demanded by the expansion and that parking will be
provided; that there will be minimal visual impact on the neighborhood from the
expansion; and that minimal demand will be placed on the city's public facilities from
the expansion.
ij
The proposed remodel would not result in any expansion of net leasable area. Rather, the
remodel represents a transfer of existing net leasable area from one business to another.
As explained in the staff responses to the Insubstantial Amendment review standards
(above), no additional employees will be generated by the expansion and, thus, no
housing mitigation is required.
The original conditional use approval limited to the restaurant operation to no more than
24 customer seats (Resolution 90 -5), and the applicant represents that the expansion will
not result in more seating than is allowed. Since the employee base will not be increased
and the amount of customer seating will remain at or below 24 seats, it can be surmised
that there would be no additional demand for parking. In terms of the affects on the
visual appearance of the structure and on public facilities, as mentioned above, there will
be no change in the external appearance of the building and no additional demands placed
on the existing infrastructure.
Given the above provided analyses, staff recommends approval of the insubstantial
amendment with conditions, and approval of the needed GMQS Exemption.
RECOMMENDATION: Staff recommends that the Community Development Director
approve: (1) a GMQS Exemption for the proposed expansion, pursuant to Section
26.102.040(C) of the Municipal Code; and (2) an Insubstantial Amendment to the
approved development order for the conditional use, pursuant to Section 26.60.080 of the
Land Use Code. Staff recommends that both of these approvals be granted subject to the
following conditions:
1. The terms and conditions of Planning and Zoning Commission Resolution 90 -5 shall
remain in full force and effect.
2. All material representations made by the applicant in this application shall be adhered to
and shall be considered conditions of approval, unless otherwise amended by the
Community Development Director, City Council or other board having the authority to
do so.
ATTACHMENTS:
The Submitted Application Package
APPROVED:
a4 19gz
Stan Clauson, Co unity Development Director Date
Blue Maize Restaurant
Richard Chelec and Thomas Colosi, Owners
308 South Hunter, Aspen, Colorado
(mailing: Box 8115, Aspen, CO 81612)
work 925 -6698, office 927 -0398
July 15, 1998
Aspen /Pitkin Community
Attn: Sarah Thomas and
130 South Galena Street
Aspen, CO 81611 -1975
Development
Mitchell Haas
RE: Insubstantial Amendment for Approved Conditional Use for Blue Maize
restaurant.
To the Planning Staff,
This application is for the remodel of the Blue Maize restaurant which is
located at 308 So. Hunter Street, Aspen, Colorado. The legal description being
City and Town site of Aspen, Block 100, Lots A,B,C. I, Richard Chelec, am the
applicant and the authorized representative.
The building's owners are Gerald and Patricia Long. They are the sole owners
and can be contacted at 7447 E. Sierra Vista Drive, Scottsdale, AZ 85250, (602)
596 -9711.
The purpose
of the remodel is to build
a bathroom
inside the restaurant for its
customers.
Currently,
the patrons must
go outside
and downstairs, then
through the
alley past
dumpsters to use
a restroom.
As you can imagine, this is
not an ideal
situation,
especially in the
Winter.
In order to build the restroom, the existing space needs to be expanded because
there is only one place where a bathroom can be placed, which is in the
adjacent space. The remodel will also give Blue Maize needed access to the back
alley for deliveries. The remodel takes the minimum space needed.
As requested, enclosed are drawings of the proposed remodel, a site map, and
the resolution from December 4, 1990 for the conditional use approval of the
space as a restaurant. We are requesting an amendment to condition #4 which
states the base line operation cannot exceed 750 square feet.
The remodel meets all the standards required for an Insubstantial Amendment
to Approved Conditional Use as follows:
1. The remodel will have no impacts on pedestrian and vehicular traffic or
noise.
2. The remodel will not affect Blue Maize's patron base of locals and the
ownership will remain 100% local. The restaurant will continue to be open
during most of the off - seasons.
3. The remodel will not affect the character of the neighborhood.
4. The remodel will not increase the restaurant's employee base. The kitchen
is not being altered. The square footage of the building will remain the same.
5. The remodel will not alter the external visual appearance of the building or
its site.
Please contact me if you have any questions regarding this application as soon
as possible.
Thank you for your time andxo9peration.
Richard LCh -elec
INSUBSTANTIAL AMENDMENT TO APPROVED CONDITIONAL USE
Application Package Contents
Attached is a Development Application package for submission of
your application. Included in this package are the following
attachments:
1. Application Form
2. Description of Minimum Contents of Development Application
3. Description of Specific Contents for Submission of your
Application
4. Copy of Review Standards for Your Application
5. Public Hearing Notice Requirements Summary
6. General Summary of Your Application Process
Generally, to submit a complete application, you should fill in
the application form and attach to it that written and mapped
information identified in Attachments 2 and 3. Please note that
all applications require responses to the review standards for
that particular development type. The standards for your
application are listed in Attachment 4.
You can determine if your application requires that public notice
be given by reviewing Attachment 5. Table 1 of that attachment
will tell you whether or not your application requires notice and
the form the notice should take. Your responsibilities in this
regard are summarized in the cover explanation to the table.
We strongly encourage all applicants to hold a pre - application
conference with a Planning Office staff person so that the
requirements for submitting a complete application can be fully
described to you.
Please also recognize that review of these materials does not
substitute for a complete review of the Aspen Land Use
Regulations. While this application package attempts to
summarize the key provisions of the Code as they apply to your
type of development, it cannot possibly replicate the detail or
the scope of the Code. If you have questions which are not
answered by the materials in this package, we suggest that you
contact the staff member assigned to your case or consult the
applicable sections of the Aspen Land Use Regulations.
appcover
4 61N.r4• 'V� u/ 101W ,
1) Project Name 5 1- 46
2) Project to ration �?d g So . . �`E_✓L SrKSL?�
(indicate street address, lot & block number, legal description where
apprcpri+: t:e)
3) Present Zoning 6 oMMiXclw 4) lot Size
�
5) Applicant's Name, Address & Phone $ ao,4ail eN6c�G� ;5,,r B� ,
z-
6) Representative's Name, Address & Phone # ( L44f! 07
7) Type cf Application (please check all that apply) :
Conditional Use
Special Review
Final SPA
8040 Greenline Conceptual FUD
Stream Margin Final HUD
Mountain View Plane Subdivision
Final Historic Dev.
Minor Historic Dev.
_ Historic Demolition
Historic Designation
Condominiumization _ Ttxt/Map Amendment Q.�S Allotment
Tot Split/Lot Line C24W E4MpFicn
Adjustment !( ��iP /a•�.w�7 7�D gl�ad.rL�,isX �lSe_
8) Description of Err st-i ng Uses (nxobcr and type of eydsting ;
approximate sq. ft.; number of bedrooms; any previous approvals granted to the
property).
9) Description of Development Application
OD
f *.
10) Ham you attached the following?
d Response to Attachment 2, Minimum Sulmission Contents
Response to At tad meat 3, Specific Subuissian tents
d Response to Attachment 4, Review Standards for Your Application
ATTACE MENT 2
Minimum Submission Contents for All Development Applications
All Development Applications shall include, at a minimum,
the following information and materials.
1. The 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 the development is proposed to
occur.
3. A disclosure of ownership of the parcel on which
the 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 1/2" x 11" vicinity map locating the subject
parcel within the City of Aspen.
5. A written description of the proposal and an
explanation in written, graphic or model form of
how the proposed development complies with the
review standards relevant to the Development
Application.
attach2.applications
ATTACHMENT 3
M
Specific Submission Contents: Insubstantial Amendment or
Exemption Approval By Planning Director
The request for Planning Director approval of an Insubstantial
Amendment or Exemption shall contain the following items:
1. A written description of the existing conditions on the
property which are requested to be altered via the
amendment or exemption.
2. Such site plan drawings or elevations as may be
necessary to adequately evaluate the proposed amendment
or exemption.
3. A listing of all previous development approvals granted
to the property, with the approximate dates of said
approvals.
4. A copy of any recorded document which affects the
proposed development, including but not limited to
recorded plats, agreements and deed restrictions. If
changes are proposed to said recorded documents, these
should be "red- lined" onto a copy of the original
document.
at3.insubstantial
ATTACHMENT 4
Review Standards: Development Application for Insubstantial
Amendment to Approved Conditional Use
An insubstantial amendment to an approved development order
for a conditional use may be authorized by the Planning Director.
An insubstantial amendment shall be limited to changes in the
operation of a conditional use which meet all of the following
standards:
1. The change
pedestrian
parking or
2. The change
tourist or
use; and
will not cause negative impacts on
and vehicular traffic circulation,
loise; and
will not substantially affect the
local orientation of the conditional
3. The change will not affect the character of the
neighborhood in which the use is located; and
4. The change will not increase the use's employee
base or the retail square footage in the str-
ucture; and
5. The change will not substantially alter the
external visual appearance of the building or its
site.
/0�'
Attachment 6
<-,
General Summary of Consent Agenda /Staff Approval Application
Process
1. Application Types: The following are the Development
Applications which are processed as staff level approvals:
* Exempt Historic Development
* Exempt ESA Development
* GMQS Exemption for remodeling or reconstruction, minor
development to a historic landmark, development of a
single family or duplex dwelling or minor expansion of
a commercial or office use.
* Minor Amendments to approved Conditional Use, Special
Review, SPA, PUD, Subdivision or GMQS.
2. Development Review Procedure Summary: The zero step staff
approval application process is shown in the attached
figures and can be described as follows.
Stage One: Attend pre - application conference. The purpose
of this one -on -one meeting with staff is to determine
whether your development proposal can be processed at the
staff level and if so, to identify the materials staff will
need to review your application.
Stage Two: Submit development application. Based on your
meeting with staff, you should respond to the appropriate
portions of the application package and submit the requested
number of copies of a complete application, with the
appropriate processing fee, to the Planning Office.
Stage Three: Determination of Completeness. Within five
working days of the date of your submission, the application
package will be reviewed by a member of the staff. You will
be notified in writing of whether the application is
complete or if additional materials are required at this
time.
Stage Four: Review of Development Application. once your
application is determined to be complete, it will be
reviewed by the staff for compliance with the applicable
standards of the Code. Within five working days, a memo
will be written by the staff member for signature by the
Planning Director. ,The memo will explain whether your
application complies with the Code and will list any
conditions which should apply if the application is to be
approved.
1,
RESOLUTION OF THE ASPEN P ING AND ZONING COMMISSION FOR THE
APPROVAL OF THE SILVER CITY GRILL (308 SOUTH HUNTER STREET) AS A
CONDITIONAL USE IN THE C -1 ZONE DISTRICT
i
Resolution No. 90 -_,�)_
WHEREAS, the Planning and Zoning Commission held a public
meeting December 4, 1990; and
WHEREAS, a conditional use review is a public hearing; and
WHEREAS, the Planning staff recommended approval of the
conditional use with conditions; and
WHEREAS, the Commission amended the recommendation
to include the condition that the applicant's operations shall be
reviewed on an annual basis to determine that the use has not
changed or the number of full -time equivalent employees has not
increased and to determine that they are in compliance with the
representations; and
WHEREAS, the Commission amended the recommendation to
establish a baseline operation of 6 full -time equivalent
employees.
NOW, THEREFORE BE IT RESOLVED by the Commission that it does
hereby approve the conditional use for the Silver City Grill with
the following conditions:
1. Odor complaints shall require review and monitoring of the
restaurant. Emission control devices may be required.
2. If the applicant were to change the proposed Flat- Griddle
type of operation the installation would not be approved without
the use of an alternate emission - control device. In addition the
ventilation- system installation must meet the requirements of the
4..i
1988 Uniform Mechanical Code.
3. If the restaurant begins to employ more than 6 full -time
equivalent employees then the applicant shall be required to
mitigate the housing impacts. A cash -in -lieu payment of $35,000
per employee (or current amount as indexed by the Housing
Authority) may be used or off -site housing may be purchased to
mitigate the impacts.
4. This conditional use establishes a base line operation for
this commercial space of 6 full -time equivalent employees, 24
customers seats and 750 square feet. Any grad in service e.g.
number of employees or seats shall constitute a change to the
conditional use and shall require an amendment to this
conditional use approval.
S. A ear review of this operation shall be required to
determine that the type of restaurant as presented has not
changed, or the number of full -time equivalent employees has not
increased.
APPROVED by the Commission at its regular meeting on
December 4, 1990.
Attest:
i
Jan Carney, Dep' y City Clerk
ljl /silver
Planning and Zoning Commission:
Welton Anderson, Chairman
J ASM l fJC— T LOG, Q -�_ U l CL— -u�Al2 16nJ
ASPENIPMGN COMMUNITY DEVELOPMENT DEPARTMENT
Agreement for Payment of City of Aspm Development Application Fees
(Please Print Cleariy)
=OF ASPEN (hereinafter CITY) and Mg&Y96W.., z/2—c. -K, 4Y0
(hereinafter APPLICA� AGREE AS FOLLOWS:
1. APPLICANT has submitted to CITY an application for
(hereinafter, 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 compieteness.
I . APPLICA.�IT and CITY agree that because of the size name or scope of the proposed
project, it is not possible at this time to ascertain the fuil extent of the costs involved in processing
the application. APPLICANT and CITY further agree that it is in the interest of the pardes to allow
APPLICANT to make payment of an initiai deposit and to thereafter permit additionai costs to be
billed to APPLICANT on a monthly basis. APPLIC.V'q-P agrees he will be benented'ov retaining
greater cash liquidity and will make additionai payments upon aouncation by the Ci i ' when the v
are necessary as costs are incurred. CITY agrees it :viil be benented through the greater certainty of
recovering its full costs to process APPLICAN2 7S application.
4. CITY and APPLICANT further agree that it is impracticable for CITY staff to compiete
processing or present sufficient information to the Planning Commission and/or City Councii to
enable the Planning Commission and/or Citv Council to make legally required findings for project
approval, unless current billings are paid in' oil 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 SyML—which is for 3 hours of Planning staff time, and if
actual recorded costs exceed the initial deposit VPLIC -ANT shall pay additional monthly billings
to C= 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 processing.
CITY OF ASPEN
KAR.�
Community Development Director
APPLICANT
Signature:
Date:
Printed Name: leVC- 04A41S CI IV.' C C–
City of Aspen Mailing Address: (wok Si /S
ATTACHAEIrl
City of Aspen Development Application Fee Policy
The City of Aspen. pursuant to Ordinance 43 (Series of 1996), has established a fee strucnur for the
processing of land use applications. A flat fee or deposit is collected for land use applications based
on the type of application submitted Referral fees for other City departments reviewing the
application will also be collected when necessary. One check including the deposit for Planning
and referral agency fees must be submitted with each land use application, made payable to the
AspentPitldn Community Development Department. Applications will not be accented for
processing without the required application fee.
A flat fee is collected by Planning for Staff Approvals which normaily take a minimal and
predictable amount of staff time to process. The fee is not refundable.
A deposit is collected by Planning when more extensive staff eview is requiredo as hours are likeiv
to vari substantially from one application to another. Acrual staff time spear xiil be charged
against the deposit _after the deposit has been expended, the an mill be billed monthly based
on actual staff hours. Current billings must be paid within 30 days or processing of the application
will be suspended. if an applicant has previously failed to pav am cation 'reel as equired no new
or additional applications will be accented for processing until the outstanding fees are paid In no
case will Building Permits be issued until all costs associated with case processing have been paid
After the deal action on the project any remaining balance from the deposit will be refunded to the
applicant.
Applications which require a deposit must include an Agreement +or Payment of Deveiop�e��
A"lication Fees. The Agreement establishes the applicant as being responsible for payment of all
costs associated with processing the application. The Agreement must be signed by the party
responsible for payment and submitted with the application in order for it to be accepted
The complete fee schedule for land use applications is available at the Community Development
Department
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COMMUNITY DEVELOPMENT DEPARTMENT
130 South Galena Streest
Aspen, Colorado 81611
(970) 920 -5090
City of Aspen
TOTAL
ADDRESS /PROJECT:
*q50-
i
CHECK# -'? �7.
CASE /PER IT #: as? # OF IES:
DATE: INITIAL:
Land Use:
1041
Deposit
1042
Flat Fee
1043
HPC
1046
Zoning and Sign
Referral Fees:
1163
City Engineer
1205
Environmental Health
1190
Housing
Building Fees:
1071
Board of Appeals
1072
Building Permit
1073
Electrical Permit
1074
Energy Code Review
1075
Mechanical Permit
1076
Plan Check
1077
Plumbing Permit
1078
Reinspection
Other Fees:
1006
Copy
1302
GIS Maps
1481
Housing Cash in Lieu
1383
Open Space Cash in Lieu
1384
Park Dedication
1468
Parking Cash in Lieu
Performance Deposit
1268
Public Right -of -way
1164
School District Land Ded.
TOTAL
ADDRESS /PROJECT:
*q50-
i
CHECK# -'? �7.
CASE /PER IT #: as? # OF IES:
DATE: INITIAL: