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Home My WebLink Aboutcoa.lu.tu.400 E Hyman Ave.0019.2010s^-- y THE CITY OF ASPEN City of Aspen Community Development Department CASE NUMBER PARCEL ID NUMBER PROJECTS ADDRESS PLANNER CASE DESCRIPTION REPRESENTATIVE DATE OF FINAL ACTION 0019.2010.ASLU no parcel # 400 E. HYMAN AVE DREW ALEXANDER TEMP FOOD VENDING RYAN CHADWICK 8.19.10 CLOSED BY ANGELA SCOREY ON: 8. 19.10 .. ,~t~1 •2vc0 •ttsLV~ Eire C•dR Bemro Nargau Fprm Riporje Format Iab kiea ~C~7-x-°-o~tiGl~€~®;~cdd-~ €w ~ ~ wp~tLYmyl ~~~€Qrl~ . ~ attaohortalrwrwtrmrr Ix.-ntwn lard,/~rm IcucmlFWds IsubearaYts a - i 61i n; ~ ~'~ ~ TFAPORARY FOOD VENOWG CART W FRGNT OF 100 E. HVMAN AVE-ALSO '- ~{~ ' a. V ~ AS TOM THUMB f7LULDING H011 . ltArlMl~ RYAN cHADaracK 36o a195 C-dt ~ D-Ya ~ 6Otin 11 9irRU/ W ,. darn. IAIt11rM RANKS, LLC ~ IM1A 1lanls ~ EAST HYMAN AYE -' ASPEN CO 81622 Pflalr ~ Addres ~~ i ^ Ovaiu u eppfeant? ~ Gontrada b appicrt? Last rwns CFIAD~MCK ~ Fist rwre ~ 21 a SOUTH MONARCH ASPEN CO 61611 fawro 970) 300.4195 Cult t 26796 ~ ~ Address lender Last name F'vst name Phone ~ Address DV4~t tlr~ai Mndlre ~dd~eea__. .. _ ___.. _.~_.~ ~,MOn~iald lewwr~ L~!J~la'.~_'.1 aft _ .;I l/!!i /~C Y~VY`~' `~ 2010-D7-28 10:49 ' ~ ~' ' ~~~~~ r~ 01/04/2006 E2:40 PAE 08S804S ' nnrn~ r eeniT..ir_ onrc a1 /a1 » 1-801-922-3650 ~ P 1/1 X00(/00). ~it~ ~o~-~2z ~(~SO Ryan Chadwick PO Box 1fz8 Aspen CD df61z July i, ZOfO Mr. John Cahill Resort Marwgement Services Pa Box 590 tHathe, CO d f~125 Dear HQA Partners, am writing to request approval far operating Fmnk's, LLC on the patio portion of the mall l oeated at 40D Eaat Hyman Avenue., property of the Tom Thwnb Candominflan Association. Frank's LLC consists of a smart, portable vending cart that will be opemting fran~pm to 2:30am. I am psking for the hWA's permission aad fully understand tAOt I will indemnify and hold the association harmless far any liability while we °`ura•hr~pewation.-. We wal(be selling hot dogs. sausages, brats and lobster rafts, chips, water and soda, aaivh7l d3'~7ffte arrolbaked,goodR.from Partlllel f5 Coffee and Tea Inc.,. if youvhave any other 4prestians nr concernr, please contact me ot'30d-2Yf-f689 or • rearl~.Slll39b1'lfrkl~doa.cartr. Thank you In advance for yaw' thne antl consideration, L ~~ ~ ,• Ryan Chadwick Y /a ~~°'~" ~+~+~~'~~f~ Pranks LCC Peter Goldstein Steve Degauvela Jim Tyllth ,,......,. ~„ ....~., io~nno~a~a7 Paae 1 Ryan Chadwick PO Box 1128 Aspen CO 81612 July 16, 2010 Columbine Building Hyman Ave Aspen CO Dear Business Owners, 1 am writing to request approval for operating Frank's, LLC on the patio portion of the mall located at 400 East Hyman Avenue., property of the Tom Thumb Condominium Association. Frank's LLC consists of a small, portable vending cart that will be operating from 8pm to 2:30am. I am asking for the HOA's permission and fully understand that 1 will indemnify and hold the association harmless for any liability while we are in operation. We will be selling hot dogs, sausages, brats and lobster rolls, chips, water and soda, as well as coffee and baked goods from Parallel 15 Coffee and Tea Inc.,. If you have any other questions or concerns, please contact me at 508-221-1689 or ryan chadwick(a~yahoo.com. Thank you in advance for your time and consideration, Ryan Chadwick Franks LLC Royal Street Fine Art Tania Dibbs Art Studio Ryan Chadwick PO Box 1128 .... Aspen CO 81612 July 7, 2010 Mr. John Cahill Resort Management Services Po Box 590 Olathe, CO 81425 Dear HOA Partners, I am writing to request approval for operating Frank's, LLC on the patio portion of the mall located at 400 East Hyman Avenue., property of the Tom Thumb Condominium Association. Frank's LLC consists of a small, portable vending cart that will be operating from 8pm to 2:30am. I am asking for the HOA's permission and fully understand that I will indemnify and hold the association harmless for any liability while we are in operation. We will be selling hot dogs, sausages, brats and lobster rolls, chips, water and soda, as well as coffee and baked goods from Parallel 15 Coffee and Tea Inc.,. If you have any other questions or concerns, please contact me at 508-221-Ib89 or ryan chadwickrv:yahoo.com. Thank you in advance for your time and consideration, Ryan Chadwick Franks LLC Peter Goldstein Steve Degouveia Jim Tylich ~~~~G 10 11:07a Bonita Cahill ~~~ ~~ ~ ~ ~ Resort Management Services, inc. Box 590 Olathe, Co. 81425 (970) 323 682-0 fax 323 6673 fats' ' e transmittal CC: ^ Urgent 907 963 0554 p.1 ^ For Review ^ Please Comment ^ Pl~se laeply ^ Please Recycle • . ~ 7 %~'~~~ / ~ i //~ ~~J ~~l-rte ~~.~~, L ., f~, ~__ ~//~~ ~., %,: ~-- ;=~ , ~~` Re: /~' rla // i/~O/--~ PaBes: ~ Jul 06 10 09:34a Bonita Cahill 907 963 0554 p.2 ~- Re~rt Management Services, ~.~c. Box s90 Olathe, CO. 81425 (970) 963 0550 Fax (970) 963 0554 7/8/10 Mr. Drew Alexander Aspen Community Development 130 5. Galena St. Aspen, Co. 81611 Dear Drew, Per our telephone conversation of last Friday 7/4/10, I am in receipt of your fax of all documents in your possession regarding the street vendor application for Franks LLC to operate its' hot dog vending cart on the Tom Thumb Condominium Association property at 400 E. Hyman Ave_ in downtown Aspen. Despite the tenants signatures gathered and presented to you in conjunction with the application, the Tom Thumb Association has not given its' approval for such and operation on it's' property. Nor do I have verbal or written approval from the Board of Directors to allow such on the Associations property. In my view as managing agent and on advice of the Associations attorney, without the Associations express permission the permit should not have been issued and is technically invalid. I must therefore respectfully request, as the Associations managing agent, that the City of Aspen revoke the Notice of Approval dated 5/25/10 for Franks LLC to operate on the Tom Thumb property-effective immediately. ,.7 , ; ~;- Smcerely ~~'~ John Cahill .Managing Agent Tom Thumb Condominium Association Jul 06 10 11:07a Bonita Cahill ~°~ U1/Utl/ZUUti Ul:lti NAd aU3tlU 9S ^~ 963 0554 p.2 y~uu1 NOTICE OF APPROVAL GROWTH MANAGEMENT QUOTA SYSTEM APPROVAL FOR A TEMPORARY FOOD VENDING CART TO OPERATE ON PRIVATE PROPERTY AT THE TOM THUMB BUILDING, LOCATED AT 400 E. HYMAN AVE. Parcel ID No. 2737-18-2-45-002 APPLICANT: Ryan Chadwick, Franks LLC SUBJECT & SITE OF APPROVAL: Tom Thumb Building, at 400 E. Hyman Ave, involving the approval of Growth Management Quota System (GMQS) for a Temporary Outdoor Food Vending cart. SUMMARY: The Applicant has requested GMQS approval for Temporary Food Vending. Franks LLC has proposed ahot-dog stand which will operate from 8p.m, until 2a.m. in the Tom Thumb Building's patio space. STAFF EVALUATION: Pursuant to Chapter 26.470.060(7), Temporary Food Vending must comply with eight (8) criteria before being considered for approval. These criteria address the size of the cart, planned period of operation, Environmental Health Dept. approvals, and the required approval from the property owner and adjacent businesses. Due to Aspen's commercial environment, all potential food vendors must receive approval from the property owner and adjacent businesses. This control mechanism ensures that a fair and reasonable market is maintained within the City limits. Without this requirement, there is a potential of food vendors offering a product that is in direct competition with an existing and adjacent business. The Applicant has obtained all necessary approvals for this operation. In addition to the compliance listed above, the Applicant has designed a cart that meets the size limitation of fifty (50) square feet. This includes a waste receptacle, an on-site cooler, serving table, and the food cart itself. The Applicant also wishes to utilize a small tent to protect the operation from inclement weather when necessary. This tent shall not be used otherwise. Environmental Health has reviewed the application and has found the proposal satisfactory. The Applicant has also clarified the period of operation will be June through September, 2010, and then January through February of 2011 which does not violate the current allotment of six (6) months. For Staffs response to the review criteria see "Exhibit A." Page lof4 r^* ~, .~~ Community Development Director DECISION: Staff finds that the Growth Management Quota System application for Temporary Outdoor Food Vending, provided by Ryan Chadwick of Franks LLC, should be granted. The location on private property, at the Tom Thumb Building (400 E. Hyman Ave), is appropriate for the food vending cart and Staff Ends that the operation meets all applicable criteria. The location has no building or access concerns. Fire Codes will not be affected as long as right-of-ways are maintained. The Application presented reputable information regarding the standards in 26.470.060(7). APPROVED BY: ~' 2aa Chris Bendon Date Attachments: Exhibit A - GMQS Review Standards Page 2of 4 „~.., ,,.. ...» EXHIBIT A Franks LLC REVIEW CRITERIA & STAFF FINDINGS: 26.470.060(7) GMQS, Temporary Outdoor Food Vending When considering a development application for a temporary use, Ciry Council shall consider, among other pertinent factors, the following criteria: The temporary operation shall be permitted for a specified period not to exceed six (6) months in duration or as otherwise limited by a mall lease. Staff Finding: The Applicant has specified the planned months of operation. The food cart will be active from June 1st until September 30th, and again during January and February. At the end of this period, the Applicant may resubmit for an additional six (6) month permit. Staff finds this criterion met. The area of outdoor food vending activities does not exceed fifty (50) square feet. The area of outdoor food vending activities shall be defined as a counter area, equipment needed for the food vending activities (e.g., cooler with drinks, snow cone machine, popcorn machine, etc.) and the space needed by employees to work the jood vending activity. Staff Finding: This vending cart is compatible with the size requirement of 50 sq. ft. The Applicant has stated that a tent (no larger than 50 sq. fr.) will be used to shelter the cart from inclement weather when necessary. This tent shall not be used otherwise. Staff finds this criterion met. Temporary outdoor food vending may only occur by or in association with restaurant or retail uses and with the approval of the restaurant or retail eslablishmenYs owner in which the outdoorfood vending is associated and located adjacent to. Staff Finding: The Applicant has received approval from Parallel 15, a coffee and pasty shop located in the Tom Thumb Building. The Parallel 15 space will be used for the licensed kitchen requirements that are included with the Environmental Health review. The Applicant has received approval from the property owner, all businesses within the Tom Thumb Building, and the businesses in the property directly to the east. Staff finds this criterion met. An application to the Community Development Director for temporary outdoor food vending shall only be submitted and approved subsequent to submitting and obtaining approval of a food service plan from the Environmental Health Department. The area of outdoor food vending activities shall include a waste disposal container that shall be emptied daily and stored inside at night and when the outdoor food vending activities Page 3 of 4 ,.a/ are not in operation. Additionally, no outdoor, open flame char-broiling shall be permitted pursuant to Section 13.08.100, Restaurant grills, of this Code. Staff Findin¢: The Applicant has met with the Environmental Health Department and is in understanding of their requirements. The cart will be compliant with all applicable standards and must receive an Environmental Health inspection prior to the beginning of operation. Staff finds this criterion met. The Community Development Director shall waive affordable housing mitigation fees associated with the temporary new net leasable square footage being created by outdoor food vending activities. Staff Finding: The affordable housing mitigation fees have been waived. The outdoor food vending activities may occur year-round. An application for and an approval of temporary outdoor vending activities shall not constitute nor be interpreted by any property owner, developer, vendor or court as a site specific development plan entitled to vesting under Article 68 of Title 24, C.R.S., or Chapter 26.308 of this Title. Approvals granted in this Subparagraph are subject to revocation by the City Manager or Community Development Director without requiring prior notice. Staff Findine: The Applicant does not plan to operate year-round at this point. This ability to do so will be discussed if and when the Applicant proposes ayear-round operation. Staff finds this Criterion met. An application for temporary outdoor food vending activities shall not diminish the general public health, safety or welfare and shall abide by all applicable City regulations, including but not limited to building codes, health safety codes, fire codes, liquor laws, sign and lighting codes and sales tax license regulations. Staff Finding: The Application complies with all applicable City regulations. The cart shall not be placed in the public right-of--way or in a location that impedes pedestrian or vehicular traffic along the right-of--way. Health safety codes have been satisfied by Environmental Health requirements. The cart must comply with all existing lighting and signage regulations. Staff finds this criterion met. Each vendor wishing to operate outdoor food vending activities shall apply for and be approved for a permit (no fee required) to do so prior to commencing operations. Applicable environmental health plan review fees shall apply. (Ord. No. 14, 2007, Section I) Staff Finding: Staff finds this criterion met. Page 4of 4 May 12 10 09:58a Maya, 2a1D Jame~Tyl ich Tom Thumb Occupants 400 East Hyman Aspen, CO 81611 Oear Neighbors, 97056922 p.l We have the opportunity to vitalize the corner on the Hyman Mall and need your acknowledgement and permission to move forward with the City approvals. Please sign at the bottom if you are willing to accept and support the venture for Ryan Chadwick. If you have any questions please call Ryan. Summary: Franks, LLC will be located at 400 Eas[ Hopkins Ave on the mall. We will be senringthe finest hot-dogs in Aspen. The food will be served out of a small vending cart, nn longer than 4 feet in length. We plan on starting around 8 pm and serving until 2 am-The can will be removed each night and the entire patio are will be rinsed. I plan having 1-2 employees working the wrt, depending on the volume. Franks will be using Parallel 15 as its commissary and all food will be stared in that location. If you have any questions please feel free to call the owner, Ryan [hadwick at 50&221-1689 or email at ryan chadwickCdvahoo.mm. Thanks! Ryan Chadwick 508.221.1689 www. aspensiruffl e. com www.aspendeliverall.com ,www.nantucke[deliverall.com ,www.nantucke[necessi[ies.com www aspennecessities.com ,wevw.budQetblinds.com .. Ge g• "Lapi ~ / _ __ Joel oka l.~ Kathy Denson Heidi Houston ~/cue FC ~~ ~a S~~ '~~ ~~ /~i~u~ acrd G'o~~'~+r~ d0O E. HYMAN AVENUE • ASPEN, CDEORAnO, 81611 PHONE: 970.920.4001 • FAX: 970.920.4007 t •d May 4, 2010 Tom Thumb Occupants 400 East Hyman Aspen, CO 81611 Dear Neighbors, We have the opportunity to vitalize the corner on the Hyman Mall and need your acknowledgement and permission to move forward with the City approvals. Please sign at the bottom if you are willing to accept and support the venture for Ryan Chadwick. If you have any questions please call Ryan. Summary: Franks, LLC will be located at 400 East Hopkins Ave on the mall. We will be serving the finest hot-dogs in Aspen. The food will be served out of a small vending cart, no longer than 4 feet in length. We plan on starting around 8 pm and serving until 2 am. The cart will be removed each night and the entire patio are will be rinsed. I plan having 1-2 employees working the cart, depending on the volume. Franks will be using Parallel 15 as its commissary and all food will be stored in that location. If you have any questions please feel free to call the owner, Ryan Chadwick at 508-221-1689 or email at roan chadwick[a~yahoo.com. Thanks! Ryan Chadwick 508.221.1689 www.asaenshuffle.com www.asoendeliverall.com ,www.nantucketdeliverall.com ,www.nantucketnecessities.com www.asoennecessities.com ,www.budeetblinds.com ~ Ruth Kru er li urphy Jim Tylich Y~~ .. -~ j- G Lapi A Joel S oka Kathy Denson David Denson Heidi Houston ~~G2SC ~/C ~~ ~ 80l '~~ 3~sa /~i~u~ a~ra~Co~r~aa~r~ 4OO E. HVMAN AVENUE • A$PEN, COLORADO, $ ~ $ ~ ~ • PHONE: 970.920.4001 • FAX: 970.920.4007 Ma;y12 l0 09:s8a May 4, 2010 James Tylich !""', ,, Tam Thumb Occupants 400 East Hyman Aspen, CO 81611 Dear Neighbors, s~ossszz p.l We have the opportunity to vitalize the corner on the Hyman Mall and need your acknowledgement and permission to move forward with the City approvals. Please sign at the bottom if you are willing to accept and support the venture for Ryan Chadwick. If you have any questions please call Ryan. Summary: Franks, LLC will be located at 400 East Hopkins Ave on the mall. We will be serving the finest hot-dogs in Aspen. The food will be served out of a small vending cart, no longer than 4 feet in length. We plan on starting around 8 pm and serving until 2 am. The cart will be removed each night and the entire patio are will be rinsed. I plan having 1-2 employees working the prt, depending on the volume. Franks will be using Parallel 15 as its commissary and all food will be stored in [hat location. It you have any questions please feel free to call the owner, Ryan Chadwick at 50&221-1689 or email at roan chadwickCdvahoo.mm. Thanksl Ryan Chadwick 508.221.1689 www. asoensi'tufNe. com www.asoendeliverall.com ,www.nantucketdeliverall.com ,www.nantucketnecessities.com www asoennecessities.com ,weyw.budeetblinds.com ~i .. Ruth Kru~er ~ Geofa~iapip~ / _ Joel St(~oka `' Kath Denson Jim ich y avid Denson Heidi Houston . /tee ~ ~~ ~a 80~ -~~z 3~so /L',~u~ acrd G'oar~-a~r~ 600 E. HYMAN AVENVE • ASPEN, COLORADO, SL6I 1 • PHONE: 970.920.4001 • FAS: 870.920.4007 1 •d 19~y 12 10 03:38p Dar~+~ 5201""43919 p.2 ~,, °- ~.~ i :'"r ,~ if'lt Toil -humb ;-caipants 4U0 East flyman .4spen, CO 81611 Gear tVeighhors, lNe have the opportunity to vitalize the corner on the Hyman Mall and need your acknowledgement and permission to move forward with the City approvals. Please sign at the bottom if you are willing to accept and support the venture for Ryan Chadwick. If you have any questions please call Ryan. Summary: Funks, LLC will be located at 400 East Hopkins Ave on the mall. We will be serving the finest hot-dogs in Aspen. The food will be served out of a small vending cart, no longer than 4 feet in length. We plan on starting around 8 pm and serving until 2 am. The cart will be removed each night and the entire patio are will be rinsed. I plan having 1-2 employees working the cart, depending on the volume. Franks will be using Parallel 15 as its commissary and all food will be stored in that location. If you have any questions please feel free to call the owner, Ryan Chadwick at 508-221-1689 or email a[ roan chadwid<(nwahoo conj. Thanks! Ryan Chadwick 508.221.1689 svww. aspenshuffle. cam vduvw asoendeliveral!.rnm ,ww~.v nanturketc!.eliverall.r_om ,www.nantucketnecesities.com www.asnennecessities.com ,www budeetblinds.com Ruth I(ruger Jill Murphy Jim Tylich y . „`AU , David Denson George Lapin JoelSoroka Kathy Denson Neidi Houston i° a 7Y ~C yJ pn, /~,~~¢,pp~~ ~,3.~~c ~~ l r c J\:, -y, i_ ,s'e N. ..rd r~;: r.' ..?: i ` ~ 1 i.-. $ L 9LU.-i..,U F,V: .., -, May 12 10 03:28p Dau•^~ci 520""33919 p. 1 ~~. To: Ruth Kruger From: David Denson Re: Franks hotdogs Please fmd my signed approval for this venture. Sorry for the delay-I've been out of town all week. 5/13/10 David Denson -~ ... CITY OF ASPEN COMMUNITY DEVELOPMENT DEPARTMENT RECEIVED GENERAL LAND USE APPLICATION PACKET MAY 13 2010 CITY OF ASPEN COIrIMIN1ITY DEVELOPMENT THE CITY OF ASPEN Attached is an Application for review of Development that requires Land Use Review pursuant to the City of Aspen Land Use Code. Included in this package are the following attachments: 1. Development Application Fee Policy, Fee Schedule and Agreement for Payment Form 2. Land Use Application Form 3. Dimensional Requirements Form 4. Matrix of Land Use Application Requirements/Submittal Requirements Key 5. General Summary of Your Application Process 6. Public Hearing Notice Requirements 7. Affidavit of Notice All applications are reviewed based on the criteria established in Title 26 of the Aspen Municipal Code. Title 26 of the Aspen Municipal Code is available at the City Clerk's Office on the second floor of City Hall and on the Internet at www.aspennitkin.com ,City Departments, City Clerk, Municipal Code, and search Title 26. We strongly encourage all applicants to hold apre-application conference with a Planner in the Community Development Department so that the requirements for submitting a complete application can be fully described. Also, depending upon the complexity of the development proposed, submitting one copy of the development application to the Case Planner to determine accuracy, insufficiencies, or redundancies can reduce the overall cost of materials and Staff time. Please 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 summazize 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. ATTACHMENT 1 CITY OF ASPEN DEVELOPMENT APPLICATION FEE POLICY The City of Aspen, pursuant to Ordinance 52 (Series of 2007), has established a fee structure 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 City of Aspen. Applications will not be accepted for processing without the required application fee. A flat fee is collected by Community Development for Administrative Approvals which normally take a minimal and predictable amount of staff time to process. The fee is not refundable. A deposit is collected by Community Development when more extensive staff review is required, as hours are likely to vary substantially from one application to another. Actual staff time spent will be charged against the deposit. Several different staff members may charge their time spent on the case in addition to the case planner. Staff time is logged to the case and staff can provide a summary report of hours spent at the applicant's request. After the deposit has been expended, the applicant will be billed monthly based on actual staff hours. Applicants may accrue and be billed additional expenses for a planner's time spent on the case following any hearing or approvals, up until the applicant applies for a building permit. Current billings must be paid within 30 days or processing of the application will be suspended. If an applicant has previously failed to pay application fees as required, no new or additional applications will be accepted 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. When the case planner determines that the case is completed (whether approved or not approved), the case is considered closed and any remaining balance from the deposit will be refunded to the applicant. Applications which require a deposit must include an Agreement for Payment of Development Application 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 and fee in order for a land use case to be opened. The current complete fee schedule for land use applications is listed on the next page. !~ ~~ CITY OF ASPEN COMMUNITY DEVELOPMENT DEPARTMENT AEreement for Payment of City of Aspen Development Application Fees CITY OF ASPEN (hereinafter CITY) and ~rg y,F C /LC !~~,¢ 20:+~ ~~~~~~ (hereinafter APPLICANT) AGREE AS FOLLOWS: ~~ APPLICANT has submitted to CITY an application for (hereinafter, THE PROJECT). 2. APPLICANT understands and agrees that the City of Aspen has an adopted 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 that APPLICANT make payment of an initial deposit and to thereafter permit additional costs to be billed to APPLICANT on a monthly basis. APPLICANT agrees additional costs may accrue following their hearings and/or approvals. APPLICANT agrees he will be benefited by retaining greater 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 [o process APPLICANT'S application. 4. CITY and APPLICANT further agree that it is impracticable for CITY staff to complete processing or present sufficient information to the Historic Preservation Commission, Planning and Zoning Commission and/or City Council to enable the Historic Preservation Commission, Planning and Zoning Commission and/or City Council to make legally required findings for project consideration, 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$ SD-'~ which is for hours of Community Development 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 at a rate of $245.00 per planner hour over the initial deposit. 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, and in no case will building permits be issued until all costs associated with case processing have been paid. CITY OF ASPEN APPLICANT By: ~ 4 y dom., z Chris Bendon Community Development Director Date: Billing Address and Telephone Number: /fin i~.~.t' !/d~' 7a -7ao-4r 4~ '-~ ATTACHMENT 2 -LAND USE APPLICATION 'ROJECT: Vame: ~vn.~S L Lc ~ocation: y0~ E ,(~ f~siJ'5ez 'r /`~~° LT as ~~k ~ r~. %/.~ (Indicate street address, lot & block number, legal description where appropriate) Parcel ID # (REQUIRED) APPLICANT: Name: ~sc-1 ~.,fu.zl Address: a~/Y .To~i~L /ir. ~.--~ S ~~ ~fc,~_ ~~ ~`6// Phone #: 17v - 3~d-Y/9S'- REPRESENTATIVE: Name: SA.~4 P Address: Phone #: TYPE oP APPLICATION: (please check all that apply): ^ GMQS Exemption ^ Conceptual PUD ^ Temporary Use ^ GMQS Allotment ^ ,Final PUD (& PUD Amendment) ^ Text/Map Amendment ^ Special Review ^ Subdivision ^ Conceptual SPA ^ ESA - 8040 Greenline, Stream ^ Subdivision Exemption (includes ^ Final SPA (& SPA Margin, Hallam Lake Bluff, condominiumization) Amendment) Mountain View Plane ^ Commercial Design Review ^ Lot Split ^ Small Lodge Conversion/ Expansion ^ Residential Design Variance ^ Lot Line Adjustment ~ Other: j ErP F°G~ ^ Conditional Use V~r~t^~5 EXISTING CONDITIONS: (description of PROPOSAL: (description of Have you attached the following? FEES DUE: $ ]Pre-Application Conference Summary ] Attachment #l, Signed Fee Agreement ] Response to Attachment #3, Dimensional Requirements Form ] Response to Attachment #4, Submittal Requirements- Including Written Responses to Review Standards ] 3-D Model for large project All plans that are larger than 8.5" X 11" must be folded. A disk with an electric copy of all written text (Microsoft Word Format) must be submitted as part of the application. Large scale projects should include an electronic 3-D model. Your pre-application conference summary will indicate if you must submit a 3-D model. Project: Applicant: Location: Zone District: Lot Size: Lot Area: ATTACHMENT3 DIMENSIONAL REQUIREMENTS FORM C~ ~X/v Sam ~'`- '3'ox'io X00 Sg, ._'{~ (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 definition of Lot Area in the Municipal Code.) Commercial net leasable: Existing.• Proposed: Number of residential units: Existing. Proposed.• Number of bedrooms: Existing: Proposed: Proposed % of demolition (Historic properties only): DIMENSIONS: Floor Area: Principal bldg. height: Access. bldg. height: On-Site pazking: Site coverage: Open Space: Front Setback: Rear Setback: Combined F/R: Existing.• Allowable: Proposed: Existing: Allowable: Proposed: Existing: Allowable: Proposed: Existing: Required: Proposed: Existing. Required. Proposed. Existing: Rollo Required: ,54~ Proposed: ~'~ Existing. Required. Proposed.• Existing: Required: Proposed: Existing: Required: Proposed: Side Setback: Existing: Required.• Proposed: Side Setback: Existing: Required: Proposed:- Combined Sides: Existing: Required: Proposed: Distance Between Existing Required: Proposed: Buildings Existing non-conformities or encroachments: Variations requested: ~~ a9 U t+ L N 0 c°L E op ~ ro a ty oQ N ~ ~ Y ~ Z ~ ~ CW s ~ G ~ W O G ~_ ~ d ~ a =tl (J~o Z U Y O .~ Q ~ a U ~ J y ~ w ~ d F :3 a °' W ~ ~ 7 O Q ~ .a Y Q Q J ~ N y LL ~ ~ .~ ~ d X +~~' ~ ,c Q O y ' ~ •U ~ c A W Y 4 ~L o ~ S ~ o Q ~ A ~ ~ ~ C ._ a'w ti V U ~' .--. y Q' n• U ~ 'C L a °- ~ kb ~ o ~ U ~ ~ .Q N ~ ~ ~ N ~. 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Hyman Ave, also known as the Tom Thumb Building. The Applicant has not specified the periods of time when the food stand is intended to operate, but this information will need to be included with the Land Use Application. The Applicant has begun discussions with the landlord of the property and the adjacent business. Approvals from these parties will also need to be submitted with the Land Use Application. The Applicant will need to comply with the criteria established in Section 26.470.060(7), Temporary Outdoor Food Vending. Below is a link to the Land Use application Form for your convenience. http~//www aspenpitkin com/Portals/0/docs/City/Comdev/Apps%20and%20Fees/landuseappform.pdf Land Use Code Section(s) 26.304 Common Development Review Procedures 26.470.060(7) Temporary Outdoor Food Vending Follow link below to view the City of Aspen Land Use Code http://www.aspenpitkin.com/Departments/Community-Development/Planning-and-Zoning/Title-26- Land-Use-Code/ Review by: Community Development Staff for complete application RECEIVED Public Hearing: Not required for this review. MAY 1 3 2010 CITY OF ASPEN Planning Fees: $50 for Administrative Community Development Staff Review CO~~( DEVELOPMENT Total Deposit: $50 Total Number of Application Copies: 2 Conies, including appropriate drawing for board review (HPC = 12; PZ = 10; CC = 7; Referral Agencies = 1lea.; Planning Staff = 2) To apply, submit the following information: ~ Total Deposit for review of application. O Pre-application Conference Summary. Q 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. .... _. ~ Street address and legal description of the parcel on which development is proposed to occur, ~ Completed Land Use application and signed fee agreement. ~ 2 copies of the complete application packet and maps. ~ A written description of the proposal and a written explanation of how a proposed development complies with the review standards relevant to the development application § 26.470.060(7) Temporazy Outdoor Food Vending. D A drawing depicting the size of the temporary use (not to exceed fifty (50) square feet). ~ A site plan depicting the location of the temporary use. Q If applicable, a signed letter from the owner of the business that the temporary use will be operating by or in association with. ~ Signed letters from those restaurant or retail businesses that the temporary use will be operating adjacent to. ~ A signed letter from the property owner. ~ Proof of approval from the Environmental Health Department for a food service plan. Disclaimer: The foregoing summary is advisory in nature only and is not binding on the City. The summary is based on current zoning, which is subject to change in the future, and upon factual representations that may or may not be accurate. The summary does not create a legal or vested right. .-, ..; PLANNER: PROJECT: APPLICANT: TYPE OF APPLICATION: DESCRIPTION: .-. CITY OF ASPEN PRE-APPLICATION CONFERENCE SUMMARY Drew Alexander, 970-429-2739 400 E Hyman Ave, Food Vending Ryan Chadwick, 508-221-1689 Temporary Food Vending DATE: 04/20/10 The Applicant is requesting approval for a Temporary Outdoor Food Vending permit in order to operate a food stand at 400 E. Hyman Ave, also known as the Tom Thumb Building. The Applicant has not specified the periods of time when the food stand is intended to operate, but this information will need to be included with the Land Use Application. The Applicant has begun discussions with the landlord of the property and the adjacent business. Approvals from these parties will also need to be submitted with the Land Use Application. The Applicant will need to comply with the criteria established in Section 26.470.060(7), Temporary Outdoor Food Vending. Below is a link to the Land Use application Form for your convenience. http~//www aspenpitkin com/Portals/0/docs/City/Comdev/Apps%20and%20Feesllanduseappform.pdf Land Use Code Section(s) 26.304 Common Development Review Procedures 26.470.060(7) Temporary Outdoor Food Vending Follow link below to view the City of Aspen Land Use Code h~~//www aspenpitkin com/Departments/Community-Development/Plannina-and-Zoning/Title-26- Land-Use-Code/ Review by: Community Development Staff for complete application RECEIVED Public Hearing: Not required for this review. MAY 1 3 2010 Planning Fees: $50 for Administrative Community Development Staff Review CITY OF ASPEN COMMIN~ATY DEVEI.OPYENT Total Deposit: $50 Total Number of Application Copies: 2 Copies, including appropriate drawing for board review (HPC = 12; PZ = 10; CC = 7; Referral Agencies = 1/ea.; Planning Staff = 2) To apply, submit the following information: Q Total Deposit for review of application. ~ Pre-application Conference Summary. 0 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. O Street address and legal description of the parcel on which development is proposed to occur, ~ Completed Land Use application and signed fee agreement. ~ 2 copies of the complete application packet and maps. ~ A written description of the proposal and a written explanation of how a proposed development complies with the review standards relevant to the development application § 26.470.060(7) Temporary Outdoor Food Vending. ~ A drawing depicting the size of the temporary use (not to exceed fifty (50) square feet). ~ A site plan depicting the location of the temporary use. O If applicable, a signed letter from the owner of the business that the temporary use will be operating by or in association with. D Signed letters from those restaurant or retail businesses that the temporary use will be operating adjacent to. Q A signed letter from the property owner. ~ Proof of approval from the Environmental Health Department for a food service plan. Disclaimer: The foregoing summary is advisory in nature only and is not binding on the City. The summary is based on current zoning, which is subject to change in the future, and upon factual representations that may or may not be accurate. The summary does not create a legal or vested right. Franks LLC Po Box 1128 Aspen CO 81612 RE: Code Requirements Temporary Outdoor Food Vending A. The Temporary operation shall be permitted for a specified period not to exceed six months induration or as otherwise limited by a mall lease. Franks LLC lease is for May 15~h until Sept 15~h. We will be closed for the off- season and may reopen in the winter. B. The area of outdoor food vending activities does not exceed fifty square feet. The area of outdoor food vending activities shall be defined as a counter area, equipment needed for the food vending activities (cooler with drinks, snow cone machine, popcorn) and the space needed by employees to work the food vending activity. Franks LLC will have one hot dog cart that is 36" wide and 72" long, we will also have a cooler for drinks and a table for serving. All of this items will be under a 5 by 10 ft tent. Please see sketch and pictures attached. C. Temporary outdoor food vending may only occur by or in association with restaurant or retail uses and with approval of the restaurant or retail establishment owner in which the outdoor food vending is associated and located adjacent to. Franks LLC has a lease with Parallel 15 and will be using this as the commissary and has permission t do business on the mall area of the property. Please see letter of approval from the owner of the business. D. An application to the community shall only be submitted and approved subsequent to submitting and obtaining approval of a food service plan from the Environmental Health Department. The area of outdoor food vending activities shall include a waste disposal container that shall be emptied daily and stored inside at night and when the outdoor food vending activities are not in operation. Additionally, no outdoor, open flame, char-broiling shall be permitted pursuant to Municipal Code Section 13.08.100 Please see attached Health Dept License and approval letter from the Health Department. E. The community Development Director shall waive affordable housing mitigation fees associated with the temporary new net leasable square footage being created by outdoor food vending activities. .~,. Paralle115 Coffee and Tea 400 E. Hyman Ave. Aspen, Co 81612 This letter is to inform all those involved that Ryan Chadwick DBA Franks, LLC will be using our kitchen space for their prep, storage, and cleaning. If you have any questions please contact Keith Goode at 970.987.3386 Thank You, ,, Keith G ode 400 east hyman ave aspen co ~oogle Maps ~ Page 1 of 1 Address 400 E Hyman Ave Get Google Maps on your phone Gong a maps Aspen,C081611 ~ Te#tMword"GMAPS"to 466453 w __- on. ~p 1./a~a Du6nA Jewciry Fratta BPfI(PY 4 Ft ~.. fi, Wh~rIA i i i ~~ EH~nAVe ~d FI11 {1A(W.0 Fllte A ailery ~ - A&yen - JPVIPIy r~ ? G „Il~y Efl,na ', Su caa ~ AluUan~ lAaxwan ~ ~ 8 -~~rangve VIC(pOa~S Tnn,l Es(uaeen ann Woe Bar I I A I In+ ~ ri ~ i Parln[;+Sedlootl - & Raw Bar 2~ ~ y i i Takao ~JINf! I ,_ ............._ r) - _ __..,,...__. ®2010 Google=Map data ®2010 Google -J rnm/manc9f nR~cnnrne=c nxGhl=enRcoencnde=Rrn=400+easT+hvman+a_. 5/12/2010 r' Q~ r , ~ { ! ~~, _ ,,~ ~ ~ { ^ ~ !y j p ~,, •. ,„.~ ~ M,+ /~, )~~ (^?~\/ V y S~ r' ~c' '~ ;~ ~~ t ,,n c, .r-=~ -- r~~~,~.-~~~~ 3v~~ ~- ~~: ~.<. ArcIMS Viewer Page 1 of 1 as'; ~--lR ~. httn~U~05.170.51.230/wehsite/parcel s/ManFrame.htm S/ 13/2010 May 4, 2010 Tom Thumb Occupants 400 East Hyman Aspen, CO 81611 Dear Neighbors, We have the opportunity to vitalize the corner on the Hyman Mall and need your acknowledgement and permission to move forward with the City approvals. Please sign at the bottom if you are willing to accept and support the venture for Ryan Chadwick. If you have any questions please call Ryan. Summary: Franks, LLC will be located at 400 East Hopkins Ave on the mall. We will be serving the finest hot-dogs in Aspen. The food will be served out of a small vending cart, no longer than 4 feet in length. We plan on starting around 8 pm and serving until 2 am. The cart will be removed each night and the entire patio are will be rinsed. I plan having 1-2 employees working the cart, depending on the volume. Franks will be using Parallel 15 as its commissary and all food will be stored in that location. If you have any questions please feel free to call the owner, Ryan Chadwick at 508-221-1689 or email at rvan chadwickCa~yahoo.com. Thanks! Ryon Chadwick 508.221.1689 www.osnenshufHe.com www.asoendeliverall.com ,www.nantucketdeliverall.com ,www.nantucketnecessities.com www.asoennecessities.com ,www.budeetblinds.com Ruth Kruger Jill Murphy Jim Tylich David Denson George Lapin JoelSoroka K nson r idi Houston /~~u~ a~a~Co~rpa^--~ 4OO E. HYMAN /.VENUE • f~SPEN, CO~ORAOO~ 8~6~ ~ • PHONE: 970.920.4001 • FAX: 970.920.4007