HomeMy WebLinkAboutLand Use Case.CU.308 S Hunter St.89A-89 CASELOAD SUMMARY SHEET
City of Aspen
DATE RECEIVED: 9/11/89 PARCEL ID AND CASE NO.
DATE COMPLETE: R03 /1-9 2737- 182 -25 - 002 89A -89
STAFF MEMBER: L�-
PROJECT NAME: Thai Kitchen Conditional Use Review
Project Address: 308 South Hunter Street
Legal Address: South 1/2 of Lots A, B & C. Block 100
APPLICANT: Phannee Saejiw & Chaiwat Nimkingrat
Applicant Address: P. O. Box 1826. Aspen. CO 81611
REPRESENTATIVE: Doug Allen
Representative Address /Phone: 530 E. Main St.
Aspen, CO 81611 5 -8800
PAID: YES NO AMOUNT: $700.00 NO. OF COPIES RECEIVED: 9
TYPE OF APPLICATION: 1 STEP: 1 2 STEP:
P &Z Meeting Date PUBLIC HEARING: ES NO
VESTED RIGHTS: YES NO
CC Meeting Date PUBLIC HEARING: YES NO
VESTED RIGHTS: YES NO
Planning Director Approval: Paid:
Insubstantial Amendment or Exemption: Date:
REFERRALS:
City Attorney Mtn. Bell School District
City Engineer Parks Dept. Rocky Mtn Nat Gas
Housing Dir. Holy Cross State Hwy Dept(GW)
Aspen Water Fire Marshall State Hwy Dept(GJ)
City Electric Building Inspector
Envir. Hlth. Roaring Fork Other
Aspen Consol. Energy Center
S.D. p
DATE REFERRED: j I/ /r7
INITIALS:
FINAL ROUTING: DATE ROUTED :: / / / / q7 4 / INITIAL: td'
City Atty City Engineer ✓ Zoning IZ Health
Housing Other:
FILE STATUS AND LOCATION: /CA" L-Li LX> �"
RESOLUTION OF THE ASPEN PLANNING AND ZONING COMMISSION
GRANTING APPROVAL OF THAI KITCHEN AS A CONDITIONAL USE
IN THE C -1 ZONE DISTRICT
Resolution No. 89-1/
WHEREAS, the Aspen Planning and Zoning Commission held a
public meeting September 19, 1989; 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 may be
periodically, not less often than annually reviewed, to determine
that they are in compliance with the representations and may be
reviewed upon change of ownership; and
WHEREAS, the Commission amended the recommendation to
include another condition that all conditions represented by the
prior applicant will be adhered to.
NOW THEREFORE, BE IT RESOLVED by the Commission that it
does hereby grant approval of the conditional use for the Thai
Kitchen with the following conditions:
1. Odor complaints shall require review and monitoring of
the restaurant. Emission control devices may be
required.
2. If the restaurant begins to employe more than 5 people
then the applicant shall be required to mitigate the
housing impacts. A cash -in -lieu payment of $30,000.
per employee may be used or off -site housing may be
purchased to mitigate the impacts.
3. The applicant's operations may be periodically, not
less often than annually reviewed, to determine that
Resolution No. 89 -_
Page 2
they are in compliance with the representations and may
be reviewed upon change of ownership.
4. All conditions represented by the prior applicant, will
be adhered to, those being:
a. The restaurant shall remain open for a majority of
the off seasons and the menu shall be of a type
and price structure to serve the local residents;
b. The applicant shall remove the trash receptacles
from the public right -of -way prior to opening the
restaurant;
c. Prior to operation of outdoor seating, the
applicant shall submit drawings of the proposed
outdoor dining area. These shall be reviewed by
the Planning Commission pursuant to Section 3 -103;
and no parking shall be allowed in the back pull-
out service area.
APPROVED by the Commission at its regular meeting on
September 19, 1989.
ASPEN PLANNING AND ZONING COMMISSION
By
-BA ST^ 1LE. T 1'C�P V IC E c_k. ,2 f)
ATTEST:
q/} L.m7utk
Jan Carry, Deputy C(4 y Clerk
pzreso.thai v
MEMORANDUM
TO: Aspen Planning and Zoning Commission
FROM: Leslie Lamont, Planner
RE: Thai Kitchen Conditional Use
DATE: September 19, 1989
SUMMARY: The applicant seeks to operate a restaurant in the C -1
Zone District. A restaurant is a conditional use in this zone.
In September of 1988, the Commission approved the conditional use
for Paul Dudley to operate a restaurant at this location. The
restaurant was operated for breakfast and lunch. The current
proposal is a lunch and dinner operation. Staff believes that
the Commission's caution regarding restaurants in the C -1 zone
and the change in operation to lunch and dinner, necessitates a
review of this proposal.
APPLICANT: Phannee Saejiw and Chaiwat Nimkingrat, represented by
Doug Allen
LOCATION: 308 South Hunter Street
ZONING: C -
APPLICANT'S REQUEST: To operate a restaurant for lunch and
dinner.
REFERRAL COMMENTS:
Environmental Health: Rick Bossingham of the Environmental
Health Department, reviewed the application and commented that
because of the spicy nature of Thai food odors could become a
problem and complaints will require monitoring of the operation.
STAFF COMMENTS: As described above, the applicant proposes to
begin operation of a Thai restaurant in a location that is
already occupied by a food establishment, Dudleys Downtown.
Staff believes that because this conditional use is changing from
a breakfast and lunch business to lunch and dinner that the
Commission should review this application. As conditional uses
change hands, there may be a tendency to intensify or alter the
intent of the use. For example: increase the number of
employees and /or shift from a local oriented use to a more
tourist oriented business thus becoming incompatible with the
intent and goals of the C -1 Zone District.
Section 7 -304 of the Land Use Code sets out the standards for
conditional use review:
A. The conditional use is consistent with the purposes, goals,
objectives and standards of the Aspen Area Comprehensive Plan,
and with the intent of the Zone District in which it is proposed
to be located.
RESPONSE: According to the Aspen Area Comprehensive Plan the
location of the proposed restaurant is within the Central Area.
The purpose of the Central Area is to allow commercial activity.
The purpose of the C -1 Zone District is to provide for the
establishment of commercial uses which are not primarily oriented
toward servicing the tourist population. The existing business
could be defined as a local oriented food establishment. The
proposed restaurant has committed to serving the local
population. The applicants intend to operate their business year
round, every day from 11 a.m to 10:30 p.m. Within their
application, the applicants have included a sample of the menu
with prices which is attached. A review of the menu and prices
illustrates the applicants commitment to a locals oriented
business.
B. The conditional use is consistent and compatible with the
character of the immediate vicinity of the parcel proposed for
development and surrounding land uses, or enhances the mixture of
complimentary uses and activities in the immediate vicinity of
the parcel proposed for development.
RESPONSE: The space is currently used as a restaurant and there
is another restaurant directly above. The location of this space
is across the street from the CC zone and is within the vicinity
of other commercial activity and at the end of the building which
abuts the alley. There are no residential uses within proximity
of this building. The location of this use is within easy
walking distance for employees who work within the center of
town.
C. The location, size, design and operating characteristics of
the proposed conditional use minimizes adverse effects, including
visual impacts, impacts on pedestrian and vehicular circulation,
parking, trash, service delivery, noise, vibrations and odor on
surrounding properties.
RESPONSE: A restaurant has operated in this location for several
years. Before Dudleys Downtown, Fry By Night operated in this
space. It is anticipated that the change in restaurant operation
will not create additional impacts. However, eliminating
breakfast and adding dinner will increase the customer traffic
during the dinner hours at this location. It is staff's opinion
that the lunch hour is the most congested time of day downtown
and the dinner hour is less congested as many professional and
other commercial establishments have closed for the day.
2
The configuration of the building and the space proposed for the
Thai Kitchen is situated in such a manner that the exhaust system
vents to a side of the building that is relatively isolated from
other human activity or building windows. The Environmental
Health Department has noted that odors may become a problem. It
may be necessary to mitigate this type of impact by requiring
emission control devices if necessary.
D. There are adequate public facilities and services to serve
the conditional use including but not limited to roads, potable
water, sewer, solid waste, parks, police, fire protection,
emergency medical services, hospital and medical services,
drainage systems, and schools.
RESPONSE: The applicants do propose to install a bathroom for
the convenience of their customers. But no expansion of the
space is proposed only an interior remodel. The existing public
facilities are adequate to service the proposal.
E. The applicant commits to supply affordable housing to meet
the incremental need for increased employees generated by the
conditional use.
RESPONSE: According to the application there will be a total of
5 employees with two of those being the owners. Phannee will
serve as the floor manager and wait person, Chaiwat as the chef.
They will be assisted by additional staff consisting of one other
wait person, one dishwasher, and one additional cook. The
applicants are residents of Aspen. Phannee has lived in Aspen
for 8 years while Chaiwat has lived here for two years.
The affordable housing criterion requires an applicant to supply
housing to meet the incremental need. The existing restaurant
operation has a total staff of 5 thus there is no incremental
-7- need for additional housing. If the restaurant begins to employ
more than 5 people than the applicant should be required to
mitigate the housing impacts. A cash -in -lieu payment of $30,000
per employee may be used or off -site housing may be purchased to
mitigate the impacts.
F. The proposed conditional use complies with all additional
standards imposed on it by the Aspen Area Comprehensive Plan and
by all other applicable requirements of this chapter.
RESPONSE: The proposal is only a change from breakfast and lunch
to lunch and dinner with some minor interior remodeling. The use
complies with the goals of the Aspen Area Comprehensive Plan and
meets all the applicable requirements of the Land Use Code.
RECOMMENDATION: The Planning Office recommends that the Planning
and Zoning Commission approve the conditional use with the
following conditions:
3
1. Odor complaints shall require review and monitoring of the
restaurant. Emission control devices may be required.
2. If the restaurant begins to employ more than 5 people then
the applicant shall be required to mitigate the housing impacts.
A cash -in -lieu payment of $30,000 per employee may be used or
off -site housing may be purchased to mitigate the impacts.
ljl /thai
4
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GERALD P. LONG
7251 B. Desert Moon Loop
Tucson, Arizona 85715
August 30, 1989
Leslie Lamont
Planning and Zoning Commission
130 South Galena
Aspen, Colorado 81611
Re: Phannee Saejiw and Chaiwat Nimkingrat
Dear Ms. Lamont:
I am the owner of the Centennial Building located at 308 South
Hunter Street. Please accept this letter as confirmation of my
consent for Phannee Saajiw and Chaiwat Nimkingrat to apply for
approval from the Planning and Zoning Commission to operate a
locally oriented Thai Cuisine restaurant open for lunch and
dinner in the space formerly occupied by Dudley's Diner at 308
South Hunter Street downstairs.
Sincerely,
Gerald P. Long
Landlord
GPL /crd
SEP 08 '89 10146 P.03
Jixly 21 ,
•
Dear Patti,
With respect to the sale of your business in my building
I will assign your Lease to the buyers. If you have any questions
about the best way to handle the assignment please contact me.
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LAW OFFICES OF
Douglas P. Allen
COURTHOUSE PLAZA BUILDING
530 EAST MAIN STREET. FIRST FLOOR
ASPEN. COLORADO 81611
(303) 925 -8800
DOUGLAS P. ALLEN
September 11, 1989
Ms. Leslie Lamont
Planning & Zoning Commission
130 South Galena
Aspen, Colorado 81611
Re: Thai Kitchen, Inc.
Our File 89 -707
Dear Leslie:
In our application package for conditional use, an August 30,
1989, letter from Gerald P. Long as landlord consenting to the
approval was an unsigned copy. Enclosed is a signed copy of the
same letter.
Doug 2s P. Allen
DPA /pjo
Enclosure
LTR \030
FAX (303) 925 -9398
POSTAL CONNECTION I TFL No. 602 299 9133 Sep 08,89 14:30 P.01
IV• V. Va •�.�a
GERALD P. LONG
7251 E. nessrt Moon Loop
Tucson, Arisen* *5713
AuvuSt 30, 1989
Leslie Lamont
Planning and Zoning Commission
130 South Galena
Aspen, Colorado 81611
Res Phannss Saejiw and Chaiwat Nimkingrat
Dear Ms. Lamont:
I am the owner of the Centennial Building located at 308 South
Hunter Street. please accept this letter as confirmation of my
consent for Phannee Saajiw and Chaiwat Nimkingrat to apply for
approval from the Planning and Zoning Commission to operate a
locally oriented Thai Cuisine restaurant open for lunch and
dinner in the space formerly occupied by Dudley's Dinar at 308
South Hunter Street downstairs.
Sincerely,
Gerald P. Long
Landlord
GPL/crd
•
fir
• LAW OFFICES OF 2 3
Douglas P. Allen
COURTHOUSE PLAZA BUILDING
530 EAST MAIN STREET, FIRST FLOOR
ASPEN, COLORADO 81611
(303) 925 - 8800
DOUGLAS P. ALLEN
:45Pfsrx#xWxIAc
August 23, 1989
Mr. Tom Baker
Acting Planning Director
Aspen /Pitkin County
Planning Office
130 South Galena
Aspen, Colorado 81611
Re: Phannee Saejiw
Our File 89 -707
Dear Tom:
Enclosed is a letter which I sent to Mickey Herron. I have
obtained his approval as to its correctness of the facts stated
in the letter. Please let me know if anything further is needed
in connection with the transfer of ownership of the restaurant to
my client who will be serving two meals a day in the restaurant.
It will definitely be a locals oriented restaurant specializing
in Thai food.
'o•dially,
Dougl s llen
DPA /pjo
Enclosure
cc: Phannee Saejiw
FAX (303) 925 -9398
• LAW OFFICES OF
Douglas P. Alien
COURTHOUSE PLAZA BUILDING
530 EAST MAIN STREET. FIRST FLOOR
ASPEN. COLORADO 81611
(303) 925 -8800
DOUGLAS P. ALLEN
Iswcaecxxwxcoc
August 22, 1989
Michael Herron, Esq. Faxed
450 South galena 920 -2312
Aspen, Colorado 81611
Re: Phannee Saejiw
Our file 89 -707
Dear Mickey:
In order that I not incorrectly state to the Planning Office
what our phone conversation was earlier this week, I thought I
would summarize my impression of your recollection of the
Planning & Zoning meeting September 20, 1988, regarding
Dudley's /Fry By Night application.
You stated that you did not have a clear recollection of the
details regarding the condition on parking, but that if you had
to guess, that you thought that there was no parking requirement
in connection with the approval. You based this upon the fact
that there was extensive discussion at the meeting regarding the
fact that this was to be a locals oriented restaurant and that it
would be unfair to saddle such a local operation with additional
fees such as mentioned in the Planning Office memo.
The file on this application seems to indicate that in fact
the parking requirement was deleted, but it is not 100% clear
from the entire record in the file.
If this does not correctly state our discussion earlier this
week, please let me know right away as Phannee does need to move
forward due to severe time constraints on getting ready for the
winter season and I need to go back to Tom Baker with the results
of our phone conversation. Thank you.
grdi.(ly,
so •1 . Allen
DPA /pjo
FAX (303) 925 -9398
PLANNING AND ZONING COMMISSION SEPTEMBER 19, 1989
there are two restrooms available and another will be added. There
was a comment from the environmental health department about
cooking odors. Allen said Thai cooking does not put out the odors
that Chinese cooking does. Allen said the applicants would have
no objections to an emissions control device if other restaurants
are required to install them. Allen said the applicants are trying
to keep the prices as low as possible. Anderson pointed out the
emission control device would only be required if there is a
problem.
Hunt said he supported Dudley's because it was local oriented.
This restaurant will not be serving breakfast and will be the loss
of more services. Hunt said he feels this is tourist oriented when
it is only serving lunch and dinner. Ms. Tygre said she would
like P & Z to have the opportunity to review this in a year. Allen
said he has no problem with the use being reviewed upon sale.
Allen said the applicant has to commit to a long term lease. The
bank would not be willing to lend money on permission to operate
for one year. Allen said he does not object to a condition that
this continue to operate as represented but to have it up for re-
licensing in one year is a problem.
Hunt said he is not disposed to more restaurants in the C -1. Hunt
said a condition should make it clear that if the restaurant
changes hands, the conditional use will have to come up for review
again. Taking away breakfast is whittling down local services.
Compton asked how large the establishment, how many seats. Allen
said it is approved for 60 seats; the applicants will have 35
seats.
Anderson closed the public hearing.
Herron moved to approve the conditional use with the planning
office conditions and adding a third condition to encompass the
concerns that the use of the restaurant and the restaurant
operation be reviewed in one year by the planning office and that
they report back to P & Z to determine that the representations
being made in the application are being honored and lived up to and
that the same owner is operating the restaurant; seconded by Means.
Allen suggested wording, "applicant's representations regarding the
operations may be periodically reviewed to determine they are in
compliance with the zone district for such conditional uses and may
be reviewed upon any sale of the restaurant ". Allen said this
would not cause problems with the bank. Ms. Tygre said she wants
a one year review. Hunt said this is not putting the conditional
use approval in jeopardy but is to determine that it is in
compliance. Hunt said he would like this tied to the conditional
use approval.
3
PLANNING AND ZONING COMMISSION SEPTEMBER 19, 1989
Allen added the wording, "periodically, not less often than
annually reviewed that they are in compliance with the representa-
tions and may be reviewed upon change of ownership.
All in favor, with the exception of Hunt. Motion carried.
Means suggested the environmental health department come to P & Z
and discuss the emission control devices to see if the Board wants
to establish a policy. Allen said the implication he got from the
planning office memo was that the environmental health department
would deal with this if there were problems and complaints. Hunt
asked if the applicant will carry on the conditions of the previous
approval for Dudley's. Ms. Lamont said all conditions represented
by the prior applicant will be adhered to.
Herron moved to amend his motion that as a fourth condition all
prior conditions be adhered to except as modified as this approval;
seconded by Ms. Tygre.
Allen reiterated the representations of the applicant are condi-
tions of approval. Allen listed other conditions; they shall
comply with the environmental health department requirements; it
shall be a locally oriented restaurant with periodic review; the
zoning official shall provide a written report to the planning
commission regarding the restaurant operation; the restaurant shall
remain open for a majority of the off season; and the menu shall
be of a type and price structure to serve the local residents; the
applicant shall remove trash receptacles from the public right -of-
way prior to opening the restaurant; prior to outdoor seating the
applicant shall submit drawings of the proposed outdoor dining area
and they shall be reviewed by the planning commission pursuant to
3 -103; service access to the restaurant shall be by the entrance
at the back of the restaurant and shall include a ramp and paved
access to the ramp in the alley; no parking shall be allowed in the
back pull out service area.
All in favor, with the exception of Hunt. Motion carried.
Meeting adjourned at 5:20 p.m.
4
ATIACI3M NP 1
' LAND USE APPLICATION FORM
1) Project Name Thai Kitchen, Inc.
2) Project fixation Centennial Square Bldg., 308 South Hunter Street, Aspen, CO
South 1/2 of Lots A, B, and C, Block 100, City and Townsite of Aspen
(indicate street address, lot & block number, legal description where '.
appropriate)
3) Present Zoning C -1 4) Lot Size 50X90
Thai Kitchen, Inc.
5) Applicant's Name, Address & Phone if Phann - ., ,. .. ,! -
Post Office Box 1826, Aspen, Colorado 81612 925 - 7217
6) Representative's Na; me 111rress & Run # Douglas P. Allen, Esq., 530 East Main
Street, Aspen, CO 81611 925 - 8800
7) Type of Application (please Bieck all that apply):
Conditional Use _ Conceptual SPA _ Conceptual Historic Dev.
_ Special Review _ Final SPA _ Final Historic pev.
_ 8040 Creesnl.ine _ Conceptual POD _ Minor Historic Dev.
_ Stream Margin _ Final FUD _ Historic Demolition
_ Maintain View Plane _ Subdivision _ Historic Designation
fhrrlaniniunization _ Text/Mak Amendment ' _ CMS Allotment
Pot Split/Lot Line • • ____ GNIQS EXemptsm. •
Adjustment
8) Description of Existing Uses '(ember and type of existing structures;
approximate sq. ft.; ember of bedrooms; any previous approvals granted to the
Property) .
Res taurant use pursuant to Planning & Zoning Commission approval of 9/20/88
for breakfast, lunch, and dinner in an area of approximately 2,000 square
feet for a total seating of sixty.
9) Description of Development Application
F'or a moderately priced locals restaurant serving lunch and dinner. This
restaurant will cater to the same category of customers as the existing
restaurant.
10) Have you attached the following?
Yes Pe xrve to Attadnoent 2, Minimnn Ste lion Oo nten s
Yes Response to Attachment 3, Specific Submission Contents
Yes R en
Response to Attachment 4, Review Standards for Your Application v
ATTACHMENT 2
1. The applicant is Thai Kitchen, Inc., c/o Phannee Saejiw
and Chaiwat Nimkingrat, who are the sole shareholders of the
corporation.
Douglas P. Allen, Esq., 530 East Main Street, Aspen, Colorado
81611, is representative authorized by us to act on our behalf in
connection with this application.
? /.
Phannee Saejiw
(-/;I A ' , , l
Chaiwat Nimkingrat
(Power of Attorney attached as Exhibit "1 ")
2. The street address of the parcel is Centennial Square
Building, 308 South Hunter Street, Aspen, Colorado, and the legal
description is the South one -half of Lots A, H, and C, Block 100,
Townsite of Aspen, Colorado, garden level.
3. Disclosure of ownership is attached consisting of a
current certificate from Pitkin County Title, Inc., listing the
names of the owner of the property and all mortgages, judgments,
liens, easements, contracts, and agreements affecting the parcel.
Owners' permission for the applicants to apply for the conditional
use is also attached hereto as Exhibit "A."
4. 8 -1 /2x11" vicinity map locating the parcel is attached
hereto as Exhibit "B."
5. This proposal is for a moderately priced locals restaurant
which will be open every day from approximately 11 a.m. until 10:30
p.m., serving lunch and dinner. The initial menu, together with
prices, is attached hereto as Exhibit "C."
The restaurant will be staffed by the two owners, Phannee
Saejiw as floor manager and waitress and Chaiwat Nimkingrat as the
chef. Due to the fact that this is a small restaurant operation,
both owners intend to be on the premises working during essentially
all of the hours of operation. They will be assisted by additional
staff consisting of one other wait person, one dishwasher, Joe
Saejiw, and one additional cook. The owners are locals with
Phannee having lived in Aspen for 8 years and Chaiwat for 2 years
and have permanent housing. The additional staff has been selected
and also currently has local housing. By comparison with the
existing restaurant operation, the new owners will have a total
staff of five with two of those being the owners and the existing
restaurant operation has a total staff of 5 .
The relevant review standards to be applied to this
development application are found in the City Code, Article 7,
Division 3. This application complies with these standards as
follows: 7 -303 refers to Article 5, Division 2, which provides
that restaurant use is a conditional use permitted in the C -1 zone
district pursuant to the requirements of Article 7, Division 3.
The standards and conditions set forth therein provide that the use
should be consistent with the Aspen Area Comprehensive Plan and the
intent of the zone district. The subject site falls within the
central land use category with the intent and purpose of that
category falling four square within the proposed conditional use.
The stated purpose of this zone district is to provide for the
establishment of commercial uses which are not primarily oriented
towards the tourist population. Certainly, a restaurant serving
locals so qualifies.
The conditional use should be consistent and compatible with
the character of the immediate vicinity and surrounding land uses,
or enhances the mixture of complimentary uses and activities in the
immediate vicinity. A restaurant operation presently exists in the
same space and a complimentary restaurant is directly above this
space. The location is within easy walking distance of most of the
locals employed in the downtown area.
T The location, size, design, and operating characteristics of
the use do minimize adverse effects. The restaurant is located on
the garden level, has consistently been in operation as a
, restaurant for several years, and has created no adverse impacts
on pedestrian and vehicular circulation, parking, trash, service
7,- delivery, noise, vibrations, or odor to surrounding properties.
\.The service areas are either off the alley or from the rear of the
restaurant, not requiring deliveries from the street.
All public facilities are presently in place and adequate to
serve the use as they have been for the several years this location
has operated as a restaurant.
This proposed use as it is a continuation of an existing
conditional use does continue to comply with the Aspen Area
Comprehensive Plan and all applicable requirements of Article 7,
Division 3.
While this conditional use is merely a continuation of an
existing previously approved conditional use, the Planning Director
felt that due to legitimate concerns of the Planning and Zoning
Commission regarding the tendency for such uses to change over a
period of time that the Planning and Zoning Commission should have
the opportunity to review the change in ownership. Th1-, is
somewhat similar to the change in ownership giving rise to an
application for a transfer of a liquor license. It will give the
Planning and Zoning Commission an opportunity to review the type
circulation or noise, will not affect the character of the
neighborhood, will not increase the uses in employee base or square
footage within the structure, and will not alter at all the
external visual appearance of the building or the site and thus
certainly qualifies to continue as a conditional use in this
location.
In addition, for the convenience of the customers and in
addition to the restroom facilities already provided within the
premises, the applicant intends to add one restroom on the same
level as the restaurant.
MI \002 9/5/89
ATTACHMENT 3
A. Site plan showing the existing configuration presently
used as a restaurant consisting of two pages attached hereto as
Exhibit "D." The new owners intend to use the same space basically
configured as it is presently, but updated with some new and
additional facilities, equipment, and restrooms.
B. The application does not involve development of a new
structure, expansion or exterior remodeling of an existing
structure.
MI \003 9/5/89
r
ATTACHMENT 4
A. This conditional use is consistent with the purposes,
goals, objectives, and standards of the Aspen Area Comprehensive
Plan, and with the intent of the zone district in which it is
located. Prior to the existing application, there have previously
existed in the same space two previous restaurants, Dudleys
Downtown and Fry By Night.
B. The conditional use is consistent and compatible with the
character of the immediate vicinity of the parcel and surrounding
land uses and in fact enhances the mixture of complimentary uses
and activities in the immediate vicinity of the parcel. It is
within easy walking distance for local employees working in the
downtown core area as well as for non -local visitors. There are
presently three restaurants located within the same block as this
restaurant, with Austrian, Mexican, and Italian themes as well as
several other restaurants located within a one -block area of this
proposed facility. The applicant will bring a new variety to the
vicinity in that it will be a health oriented menu with emphasis
on Thai type cooking which is low in calories and high in nutrition
yet moderately priced for locals and open in season and during off
season.
C. There will be no added impact as a result of this
application due to the fact that the existing space has and is
presently being used for restaurant purposes. The location, size,
and design will be substantially the same as the present permitted
use. Thus, there will be no additional visual impact, impact on
parking, trash, service delivery, noise, vibrations, or odor on the
surrounding properties. The density is less than that of
surrounding properties.
D. The existing public facilities and services serving the
premises are adequate. There will not be any additional impact on
such facilities.
E. There will be no need for increased employees as no new
employees are generated by this conditional use.
F. The proposed conditional use does comply with all
standards imposed by the Aspen Area Comprehensive Plan and by all
applicable conditional use requirements.
MI \004 9/5/89
ATTACHMENT 5
The applicant has complied with the notice requirements for
a conditional use application by posting of a sign in a conspicuous
place on the property ten (10) days prior to the date of this
hearing and by the mailing of notices to all property owners as
shown by the current tax records of Pitkin County as they appeared
no more than sixty (60) days prior to the date of the public
hearing. A signed Affidavit that the posting took place is
attached hereto as Exhibit "E." A signed Affidavit that the
mailing was done is attached hereto as Exhibit "F."
MI \005 9/5/89
PITKIN COUNTY TITLE, Inc.
Title Insurance Company
Vincent J. Higens 601 E. Hopkins, Aspen, Colorado 81611 Christina M. Davis
President (303) 925 -1766 • (303) 925 -6527 FAX Vice President
MEMORANDUM OF OWNERSHIP - ACCOMMODATION NO LIABILITY
FOR THE SOLE USE OF: PLEASE DIRECT CORRESPONDENCE T0:
DOUGLAS P. ALLEN PITKIN COUNTY TITLE, INC.
ASPEN, COLORADO 81611 MICHAEL G. VEITCH
601 E. HOPKINS AVE.
ASPEN, COLORADO 81611
(303) 925 -1766 FAX (303) 925 -6527
DESCRIPTION:
SOUTH 1/2 OF LOTS A, B AND C, BLOCK 100, CITY AND TOWNSITE OF ASPEN,
COUNTY OF PITKIN, STATE OF COLORADO
GRANTEE IN THE LAST INSTRUMENT APPARENTLY TRANSFERRING OWNERSHIP:
GERALD P. LONG AND PATRICIA D. LONG
TRUST DEEDS AND MORTGAGES APPARENTLY UNRELEASED:
ASSIGNMENT OF LEASE /FNB BOOK 334 AT PAGE 185
U.0 C BOOK 367 AT PAGE 453.
ASSIGNMENT OF LEASE /FNB BOOK 369 AT PAGE 951.
C C BOOK 470 AT PAGE 469.
RIGHT OF ENTRY BOOK 470 AT PAGE 470.
LIENS AND JUDGEMENTS (AGAINST LAST GRANTEE) APPARENTLY UNRELEASED:
NONE
LEASEHOLD ESTATES OF RECORD :
LEASE BOOK 334 AT PAGE 190.
THIS INFORMATION IS FOR YOUR SOLE USE AND BENEFIT AND IS FURNISHED AS AN ACCOMMODATION.
THE INFORMATION HAS BEEN TAKEN FROM OUR TRACT INDICES, WITHOUT REFERENCE, WITHOUT
REFERENCE TO, OR EXAMINATION OF, INSTRUMENTS WHICH PURPORTS TO AFFECT THE REAL PROPERTY.
THE INFORMATION IS NEITHER GUARANTEED NOR CERTIFIED, AND I5 NOT AN ABSTRACT OF TITLE ,
OPINION OF TITLE, NOR A GUARANTY OF TITLE, AND OUR LIABILITY I5 LIMITED TO THE AMOUNT OF
THE FEES.
DATE' AUGUST 22, 1989 @ 8:00 A.M.
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l'''
AFFIDAVIT
I, Douglas P. Allen, Affiant, on September 7, 1989, at 3:30
p.m., I posted the required Notice of Public Hearing at the
existing restaurant premises located in the garden level at 308
South Hunter Street, Aspen, Colorado.
That the photograph attached hereto is a true and correct copy
of the Notice as and where posted.
z
ouyL P. Allen
MI \007 9/8/89
STATE OF COLORADO )
ss.
COUNTY OF PITKIN )
Subscribed and sworn to before me this 8th day of September,
1989, by Douglas P. Allen.
Witness my hand and official seal.
My commission expires: 9/24/92
2 a 1 &bar—
Notary Public
530 East Main Street, 1st Floor
Aspen, Colorado 81611
i
•
AFFIDAVIT
I, Phannee Saejiw, Affiant, on September 7, 1989, that the
enclosed Notice attached hereto as Exhibit "i" has been made to all
owners of properoty located within 300 feet of the subject
development parcel as shown on the current tax records of Pitkin
County as they appeared no more than 60 days prior to September 19,
1989.
Phannee Saejiw
MI \008 9/8/89
STATE OF COLORADO )
ss.
COUNTY OF PITKIN )
Subscribed and sworn to before me this 8th day of September,
1989, by Phannee Saejiw.
Witness my hand and official seal.
My commission expires: 9/24/92 14
Notary Public
530 East Main Street, 1st Floor
Aspen, Colorado 81611