HomeMy WebLinkAboutcoa.lu.cu.Flying Dog Brew Pub.A51-91CASELOAD SUMMARY SHEET
City of Aspen
DATE RECEIVED: 9120191 PARCEL ID AND CASE NO.
DATE COMPLETE: _ A51 -91
STAFF MEMBER: LL
PROJECT NAME: Flying Dog Brew Pub Conditional Use
Project Address: 424 East Cooper Street Mall, Aspen
Legal Address: Lots O R & S - Block 89
APPLICANT: George Stranahan
Applicant Address: Box 70 Woody Creek CO 81656 923 -3614
REPRESENTATIVE: Richard McIntyre
Representative Address /Phone: 1625 Road 111, Carbondale
CO 81623 963 -1929
PAID: YES (NO) AMOUNT: NO. OF COPIES RECEIVED 1
TYPE OF APPLICATION: 1 STEP:
P &Z Meeting Date PUBLIC HEARING:
VESTED RIGHTS:
CC Meeting Date
PUBLIC HEARING:
VESTED RIGHTS:
2 STEP:
Paid:
YES
NO
YES
NO
YES
NO
YES
NO
Planning Director Approval:
Paid:
Insubstantial Amendment
or Exemption:
Date:
L.�
G,cvti--(�C. - V c
REFERRALS:
City Attorney
Mtn Bell
School District
City Engineer
Parks Dept.
Rocky Mtn NatGas
Housing Dir.
Holy Cross
State HwyDept(GW)
Aspen Water
Fire Marshall
State HwyDept(GJ)
City Electric
Building Inspector
Envir.Hlth.
Roaring Fork
Other
Aspen Con. S . D .
Energy Center
DATE REFERRED:
/ INITIALS:
FINAL ROUTING:
City Atty City E
Housing Other:
DATE 7ROOU /TED: ! INITIAL
er_ "Zoning _Env. Health
FILE STATUS AND LOCATION:
TO: Bill Drueding, Zoning Officer
FROM: Leslie Lamont, Planning
DATE: October 29, 1991
RE: Flying Dog Brew Pub Insubstantial Amendment to
Conditional Use
SUMMARY: The Flying Dog Brew Pub seeks to amend their conditional
use approval to allow take out beer in recyclable plastic bottles
and kegs.
APPLICANT: George Stranahan, represented by Richard McIntyre
LOCATION: 424 East Cooper, Aspen, Colorado, Lots Q, R, S - Block
89
ZONING: CC - Commercial Core
APPLICANT'S REQUEST: To amend conditional use approval for take
out beer.
REFERRAL COMMENTS:
Engineering Department -
1. The Engineering Department takes no exceptions to the
applicants sale of beer off premises as long as item number 3 of
Resolution No. 91 -4 of the Planning and Zoning Commission is
maintained. (I believe the maximum number of kettles should have
been three).
The occupancy rating is tied to production. Any increase in
production, by modifying the existing process, will change the
occupancy rating into a manufacturing facility which dramatically
changes the building's requirements.
City Clerk - the current liquor license does not need to be amended
to allow "wholesale beer" on the premises. Please see attached
liquor license.
STAFF COMMENTS: The Flying Dog Brew Pub would like to package
their beer for take out purposes. According to the application
beer would be packaged in 2 quart recyclable plastic bottles. The
bottles would be filled at the bar upon request. Restaurant
customers or those customers that do not wish to drink in a bar
would be able to take beer home. The applicants would also like
to sell their beer in a standard 15.5 gallon keg for catered
parties. (The brew pub has been approached by several non - profits
1-
NW.01 1.00V
to donate their beer for various fundraisers.) The kegs will be
taken out the back door into the alley for delivery. The
applicants have a clear understanding from the property owner, Bert
Bidwell, that keg customers will not be permitted to use any space
in the parking lot for pick -up or delivery purposes. The kegs will
be delivered to a waiting auto.
The Brew Pub received conditional use approval, from the Planning
and Zoning Commission, to operate a brew pub in the CC zone
District. Pursuant to Section 24 -7 -308 an insubstantial amendment
to an approved development order for a conditional use may be
authorized by the planning director. Although the P &Z Resolution
approving the Brew Pub did not specifically prohibit take out the
applicants did represent, at the P &Z public hearing, that brewed
beer would only be consumed on the premises. Therefore, staff
presented the take out proposal to the P &Z requesting the P &Z's
clarification whether the change could be considered insubstantial.
The P &Z was comfortable with the level of review and directed staff
to continue the insubstantial amendment at the staff level.
Section 7 -308 establishes the following standards for an
insubstantial review:
1. The change will not cause negative impacts on pedestrian and
vehicular traffic circulation, parking or noise; and
RESPONSE: The take out will be used by either customers leaving
the restaurant or customers coming in specifically to take out a
bottle or two of beer. The kegs will be taken out the back door
to a waiting vehicle. It is anticipated that the ability to
provide take out beer will not have a detrimental impact upon the
pedestrian or vehicular traffic patterns. Brew Pub take out is
not inconsistent with other businesses within the Commercial Core
as there are many food service establishments that provide take
out, please see attached list with map.
2. The change will not substantially affect the tourist or local
orientation of the conditional use; and
RESPONSE: Take out will provide another venue for a locally made
product to be distributed to the local and tourist trade.
3. The change will not affect the character of the neighborhood
in which the use is located; and
RESPONSE: The neighborhood is commercial /retail in character.
Many food service establishments, which are permitted uses within
the CC zone district, provide take out services.
4. The change will not increase the uses's employee base or the
retail square footage in the structure; and
2
RESPONSE: There will be no increase in employees. Current
employees, e.g. the bartender, will fill take out bottles and kegs.
Net leasable square footage will not increase and as was indicated
in the Engineering referral comments the capacity of the brewing
operation as approved by the P &Z cannot change. Any increase in
brewing will change the occupancy rating of the restaurant to a
manufacturing facility.
5. The change will not substantially alter the external visual
appearance of the building or its site.
RESPONSE: All operations are internal to the building and take out
will not affect the external appearance of the building.
RECOMMENDATION: Staff recommends approval of the insubstantial
amendment to the conditional use approval for the Flying Dog Brew
Pub with the following conditions:
1. The capacity of the brewing operation which is 1000 pounds of
on site storage of barely, a maximum of two brew kettles, total
B.O.D. less than 300 ppm and Suspended Solids less than 60 ppm, and
a maximum of three brew per week shall not be increased without
additional Planning Department and /or Planning and Zoning
Commission review.
2. Any increase in production, by modifying the existing process,
will change the occupancy rating into a manufacturing facility
which shall dramatically change the building's requirements and
shall be reviewed by the Building Department.
I hereby approve the
Insubstantial Amendment to
the Conditional Use
pursuant to Section 24 -7-
08 of the Municipal Code.
ne Moo e, City Planning
Director
MEMORANDUM
To: Leslie Lamont, Planning Office 071' 17
From: Rob Thomson, Project Engineer ?s
Date: October 16, 1991
Re: Flying Dog Brew Pub Insubstantial Amendment to a Conditional
Use
Having reviewed the above application the engineering department
has the following comments:
1. The engineering department takes no exceptions to the
applicants kinds of sales off premises as long as item number 3 of
Resolution No. 91 -4 of the planning and zoning commission is
maintained. (I believe the maximum number of kettles should have
been three).
The occupancy rating is tied to production. Any increase in
production, by modifying the existing process, will change the
occupancy rating into a manufacturing facility which dramatically
changes the building's requirements.
rt /memo91.74
TO: City Engineer
Environmental Health
City Clerk*
---FRA eslie Lamont, Planning Office
RE: Flying Dog Brew Pub Insubstantial Amendment to a
Conditional se
pare. z- �a737-
DATE: October 9, 1991
-----------------------------------------------------------------
----------------------------------------------------------------
Attached for your review and comments is an application from George
Stranahan and Richard McIntyre requesting approval of an
insubstantial amendment to the Conditional Use Approval for the
Flying Dog Brew Pub.
Please return your comments to me no later than October 16, 1991.
Thank you.
*Does this request require an amendment to their liquor license?
�° .. ATII+CIRgSIT 1
IAND APPLSCATION FORM /
1) Project Name �j dJG4 �f ti3 �iv6 � o�CiC/1 �S
2) Project location O
s
(indicate strdeet 3ddtess, lot & block amber, legal descripti where
approprL: %e)
3) Present Zoning (; (� Z OAJe 4) / lot size
s) Applicants Name, *�s &Phone $ !/D{ /? V�f A% 'w
,'d. l dx �7 , wd oo O'retl� Col so � 'Z93 - 3�✓
G) Rep Name, Address & Phone $
7)
oAppli tion
(please check all that apply) :
7
_ Conceptual SPA
0onceptual Historic Dev.
Special Review
Final SPA
Final Historic Dev.
_
8040 Greenl.ine
Conceptz1al POD
Minor Historic Dev.
Stream Margin
Final FOD
Historic Demolition
Mountain View P 7ale
_ Subdivision
Historic Designation
Co ndominiu iza tion
Text/Map Anendmnt _
GK)S Allotment
lot Split/Int I i rp
—
GK S Emotion
Adjustment
8)
Description of Existing
Uses ( number and type of existing structures
app sq. ft.;
amber of bedrooms; any previous
approvals granted to the
property) -
9) Description of Develop Application See- e(!
;�f-'
10) have you attached the following?
Response to Attachment 2, Mi nimum Sutmission Contents
Response to Attactment 3, Specific Submiss Ocntents
Response to Attachment 4, Review Standards for Your Application
INSUBSTANTIAL CHANGE OF USE FOR THE
FLYING DOG BREWPUB
We propose the following kinds of sales off the premises.
1) Sale in a 2 quart recyclable plastic bottle. This would be
filled at the bar upon demand. Restaurant customers can take some
home, or those who want our beer and would prefer to drink it at
home could pick some up. We regard this as a retail "take out"
sale. We would not distribute these to other establishments or
liquor stores.
2) Sale in standard 15.5 gallon kegs. We would sell these to
caterers for their use in catered parties. They would not be sold
to other eating or drinking establishments (not even the Woody
Creek Tavern!). The demand is seasonal and seems to amount a keg or
two per week. We regard this as a retail bulk sale. The kegs are
filled in the fermentation room and delivered by automobile via the
alley behind the restaurant.
3) We receive requests for us to donate kegs to various fundraisers
around town; i.e. Winter Club. We like to support the community by
doing this.
September 20, 1991
City of Aspen
Planning & Zoning Department
The State of Colorado requires a wholesale license for any off
premises sale or take -out beer. We have in our possession at
this time, for the fee of $975, a wholesale license from the
State of Colorado.
The BATF does not require any additional licensing. Please be
aware that the other fourteen brew pubs in Colorado actively
promote take out out sales of their product from their
establishments.
Sincerely,
George Stranahan & Richard McIntyre
September 17, 199
_
To: Planning and Zoning
City of Aspen
As owner of the property under review (commonly known as The
Bidwell Building) at 424 East Cooper Street. I have reviewed
the proposal of The Flying Dog Brew Pub at Lauretta's to
establish a "take out" retail service from the restaurant. I
have no objection to the proposal and do hereby give my consent
and endorsement, Ad Cv.c,ca.T•,p o,.
Sincerely,
i�
Bert Bidwell
There is a P.E.T. container
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The majonryof' ev -r-
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packaged in P.F,T, and
each year hundreds of
packages are being
converted to tF s
appealing r" aterlal
Whvi ,usecon-
refer p- oduct<
.;:a! -clear F.E-
Containers . light
weight. shatter- re:si >-
tant F E.T means
added convenience
and safety And the
material is 100 °6 recy-
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growing importance
in many markets
Iohn5on Controls'
pioneering efforts in
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have supported the
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We created a one-
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We introduced a line
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We give out cus-
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Our oval cross section
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2
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The widespread con-
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Worldwide use of
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The leader in this o!ob-
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AT1 VIffqWr 1
IAND USE APPISCArION FU;7A
1) Project Name Al f T N • .- 4� - �-,•
2) Project location U h �� X
S - /a k
( str6et Address, lot & block number, legal description where
appropri:.:E) / /1
3) Present Zoning ( 2UUe 4) ( Iat Size
5) Applicant's Name, Address & Phone
Z6 zdt � a GtJyo� ( , 0
6)
Representative's Name,
Adder —e & Phone #
/�/C.y /v,
7)
Zype of Appli (tion (please check all that apply):
' �� yo
po� SPA
Conceptual Historic Dev.
Special Review
Final SPA
Final Historic Dev-
8040 Online _
COnCep PUD
Minor Historic D&v-
Stream Margin
Final HUD
Historic Demolition
Mountain View Plane _
Subdivision
Historic Designation
cond ominiumiza tlon _
Zpxt/Map Amendmen
QK�S Allot
lot Split /Ivt Tim
Q'as E xemp ti on
Adj ustmen t
8)
Des=iption of Existing
Uses (amber and type of vxistipq structures;
approvals granted to the
app sq. ft -; number
of bedrooms; any previous
property)-
9) Description of Development Application SQe- 6�h ed-
v
lo) Have you attached the following?
Response to Attacfmant 2, Mi nlmm, Submission Contents
Response to Attachment 3, SpecLflC Submi ss ion Contents
Response to Attachmf---ut 4, Review Standards for Your Application
INSUBSTANTIAL CHANGE OF USE FOR THE
FLYING DOG BREWPUB
We propose the following kinds of sales off the premises.
1) Sale in a 2 quart recyclable plastic bottle. This would be
filled at the bar upon demand. Restaurant customers can take some
home, or those who want our beer and would prefer to drink it at
home could pick some up. We regard this as a retail "take out"
sale. We would not distribute these to other establishments or
liquor stores.
2) Sale in standard 15.5 gallon kegs. We would sell these to
caterers for their use in catered parties. They would not be sold
to other eating or drinking establishments (not even the Woody
Creek Tavernl). The demand is seasonal and seems to amount a keg or
two per week. We regard this as a retail bulk sale.(The kegs are
filled in the fermentation r and delivered by automobile via the
alley behind the restaurant om
3) We receive requests for us to donate kegs to various fundraisers
around town; i.e. Winter Club. We like to support the community by
doing this.
INSUBSTANTIAL CHANGE OF USE FOR THE
FLYING DOG BREWPUB
ATTACHMENT 4
1. 2 quart bottles are taken out either by customers leaving the
restaurant after a meal or customers coming in specifically to take
out a bottle or two. In either case there would be no negative
impacts on pedestrian and vehicular traffic circulation, nor on
traffic or noise./� kegs are taken out the back door into the
aIIPv where we u e our one Darkinq space and this also has no
2. The change will add two more modes to the local availability of
a locally made product. We believe this will enhance the tourist
and local orientation of the Brewpub.
3. The neighborhood is retail and restaurant in character. Take out
in 2 quart bottles will not affect this character. If the kegging
operation were large scale then the alley would be affected with
loading and unloading kegs, but we do not have the capacity to do
more than a few kegs a week, nor is there demand enough from
catered parties or community benefits.
4. There will be no change in employees and no change in the retail
square footage in the structure.
5. There will be no change to the external (or internal) appearance
of the building or its site.
0 __ � v- ,c 7
State of Colorado
NIMB W. 10 - 0 00 11 ent of Reese t ue
Liquor Enforcement Division
10:11 1:11NPFeeiQii I4I6'ne1
Denver, Colorudo 1102111
LAURETTA'S OF ASPEN
INC
LAURETTA'S OF ASPEN
424 E COOPER AVE
ASPEN CO 81611-1832
Alcoholic Beverage License
A=unt Nubw
04- 94040 -003
t C' Indust T. T LIeDi' Date
57 001 5812 3 100291
I LICENSE EXPIRES AT YDNOHT
OCT 01, 1992
Type
Nar end Description of Lkenee
Fee
C
WHOLESALE BEER LICENSE
TOTAL FEE(S)
This license is issued subject to the laws of the State of Colorado and especially under the
provisions of Title 12, Articles 46 or 47, CRS 1973, as amended. This license is non-
transferable and shall be conspicuously posted in the place above described. This license is
only valid through the expiration date shown above. Questions concerning this license
should be addressed to the Department of Revenue, Liquor Enforcement Divison, 1375
Sherman Street, Denver, CO 80261.
In testimony whereof, I have hereunto set my hand.
6.
Division Director
JLC
0CTos 199]
OR 8402 (3 -88)
Executive Director �_
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Recorded at .... 3 47 . ............. o'clock ...... P. _M .......... September.._ 945. ................ _........
Reception Mel — 965_ ....... ............ Pe8$y...E.. - .-- .............Arco (�
'L�UK2��J PhC[��U
(�!i {Jjl �lpQ� Made this 28 day of September In the year of our Lord
one thousand nine hundred and sixty -five between Bertram A. Bidwell II
of the County of Pitkin and state of Colorado, of the first part, and
Bert Bidwell Investments Corporation
of the County of Pitkin and state of Colorado, of the second part:
WITNEBUTH. That the said part y of the first part, for and in consideration of the sum of
ten dollars and other good and valuable consideration D"Joa B7f
to the said part y of the first part in hand paid by the said part Y of the second part, the receipt whereof is
hereby confessed and acknowledged, ha s granted, bargained, sold and conveyed, and by these presents do e s grant, bargain,
sell, convey and confirm, unto the said party of the second part, heirs and assigns forever, all the following
described lot or parcel of land, situate, lying and being in the County of Pitkin
and State of Colorado, to-wit:
Lots Q, R and S in Block 89 in and to the City and Townsite of
Aspen, Pitkin County, Colorado
encumbrances of whatever kind or nature sorever.
Except general taxes for the year 1965 and subsequent years.
TOGETHER with all and singular the hereditaments and appurtenances thereunto belonging, or in anywise appertaining,
and the reversion and reversions, remainder and remainders, rents, issues and profits thereof; and all the estate, right, title, interest,
. -_ _oLim aoddemand whatsoever of the said part y of the firat part, either in law or equity, of, in and to the above bargained
premises, with the heredite ments and appurtenances.
TO HAVE AND TO HOLD The said premises above bargained and described, with the appurtenances, unto the said part
of the second part, i t s heirs and assigns forever. And the said part y of the first part, for h imad £
heirs, executors, and adminiatrators, do e a covenant, grant, bargain and agree to and with the said part y of the second
ptu'f, it s heirs and assigns, that at the time of the enseaug an d delivery of these presents,
well seised of the premises shove conveyed, as of good, sure, perfect, absolute and indefeasible estate of inheritance, in ]are, in tee
simple, and ha s good right, full power and lawful authority to grant, bargain, sell and convey the same in manner and form
as aforesaid, and that the same are free and clear from all former and other grants, bargains, roles, liens, taxes, assessments and
and the above bargained premises in the quiet and peaceable possession of the said part y of the second part, i t s
heirs and assigns, against all and every person or persons lawfully . claiming or to claim the whole or any part thereof, the said
part y of the first part shall and will WARRANT AND FOREVER DEFEND.
IN WITNEff WHEREor, The mid part y of the first part he as hereunto met his hand and Beal
the day and year first above written. i
Signed, Sealed and Delivered in the Presence of dw e ll
Bertram A, Bi
..._..___----•------._.. _ - ----- .. ---...- - - -- -- -
28 day of September
Witness my hand and of seal.
-' -- -' ......... - ..... -
Notary Public.
....... .
ATE OF COLORADO
• •. n ;County of Pitkin
mefrnment was acknowledged before we this
Bertram A. Bidwell
t . f ` 67
y a 6waleer�m licphes May 2 1 19 67
*If by natural person or persons hen insert came or Ulmer; if by Person attisa is representative or official capacity or ae attorneyin -fact, then invert
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NO. 333 WARRANTY DEED -FOR PHOTOGRAPHIC RCGORD —Thc C. F. Hoeokel Blank Book k Litho. Co., Denver, Calm