HomeMy WebLinkAboutLand Use Case.520 E Hyman Ave.A064-00 LL 1
CASE NUMBER A064 -00
PARCEL ID # 2737- 182 -15004
CASE NAME Worldlink Cafe Special Review
PROJECT ADDRESS 520 E. Hyman
PLANNER Fred Jarman
CASE TYPE Special Review
OWNER/APPLICANT James Guest- Worldlink Cafe LLC.
REPRESENTATIVE James Guest
DATE OF FINAL ACTION 7/18/00
CITY COUNCIL ACTION
PZ ACTION Reso. #30 -2000
ADMIN ACTION Approved
BOA ACTION
DATE CLOSED 10/16/00
BY J. Lindt
p
' Y
DEVELOPMENT ORDER
of the
City of Aspen
Community Development Department
This Development Order, hereinafter "Order ", is hereby issued pursuant to Section
26.304.070, "Development Orders ", and Section 26.308.010, "Vested Property Rights ",
of the City of Aspen Municipal Code. This Order allows development of a site specific
development plan pursuant to the provisions of the land use approvals, described herein.
The effective date of this Order shall also be the initiation date of a three -year vested
property right. The vested property right shall expire on the day after the third
anniversary of the effective date of this Order, unless a building permit is approved
pursuant to Section 26.304.075, or unless an exemption, extension, reinstatement, or a
revocation is issued by City Council pursuant to Section 26.308.010. After Expiration of
vested property rights, this Order shall remain in full force and effect, excluding any
growth management allotments granted pursuant to Section 26.470, but shall be subject
to any amendments to the Land Use Code adopted since the effective date of this Order.
This Development Order is associated with the property noted below for the site specific
development plan as described below.
James Guest, 520 E. Hyman Ave.. Aspen, CO 81611
Property Owner's Name, Mailing Address and telephone number
520 E. Hyman Ave.
Legal Description and Street Address of Subject Property
Reduction of Open Space Variance
Written Description of the Site Specific Plan and /or Attachment Describing Plan
Planning and Zoning Commission Resolution # 30 -2000, 7/18/00
Land Use Approval(s) Received and Dates (Attach Final Ordinances or Resolutions)
July 29, 2000
Effective Date of Development Order (Same as date of publication of notice of approval.)
July 30, 2003
Expiration Date of Development Order (The extension, reinstatement, exemption from expiration
and revocation may be pursued in accordance with Section 26.308.010 of the City of Aspen
Municipal Code.)
Issued this 29 day of July, 2000, by the City of Aspen Community
D9elopment Director.
e Ann Woods, Community Development Director
. t
PUBLIC NOTICE
Of
DEVELOPMENT APPROVAL
Notice is hereby given to the general public of the approval of a site specific development
plan, and the creation of a vested property right pursuant to the Land Use Code of the
City of Aspen and Title 24, Article 68, Colorado Revised Statutes, pertaining to the
following described property: Worldlink Cafe, 520 E. Hyman, by Resolution of the
Aspen Planning and Zoning Commission numbered 30, series of 2000.
For further information contact Julie Ann Woods, at the Aspen/Pitkin Community
Development Dept. 130 S. Galena St, Aspen, Colorado (970) 920 -5090.
s /City of Aspen Account
Publish in The Aspen Times on July 29, 2000
LAND USE APPLICATION
PROJECT:
Name: Woc \c1 L \\\<:■ CcSe2 LCc
, r �
Location: Sao E. m'R& R ve. 1 s?E Go 8 % \1\
(Indicate street address, lot & block number, legal description where appropriate)
APPLICANT:
Name: �.mes � ��� — •or \a Lv,4 CS €
Address: S,P.0 E- \\ I n r l�vc vie CQ , ' \6.\
Phone #: ° \ — (O — °' — U6`jL
REPRESENTATIVE:
Name: �ox ne�
Address: 'Sa � 3 \c\e. II \ Co 8 \Q\\
o
Phone #: \`-10 — ° `Z� — !VAL — —
TYPE OF APPLICATION: (please check all that apply):
❑ Conditional Use 0 Conceptual PUD ❑ Conceptual Historic Devt.
Special Review ® `S� 0 Final PUD (& PUD Amendment) 0 Final Historic Development
O Design Review Appeal ❑ Conceptual SPA 0 Minor Historic Devt.
• GMQS Allotment ❑ Final SPA (& SPA Amendment) ❑ Historic Demolition
• GMQS Exemption 0 Subdivision ❑ Historic Designation
O ESA - 8040 Greenline, Stream ❑ Subdivision Exemption (includes 0 Small Lodge Conversion/
Margin, Hallam Lake Bluff, condominiumization) Expansion
Mountain View Plane
o Lot Split ❑ Temporary Use 0 Other:
O Lot Line Adjustment 0 Text/Map Amendment
EXISTING CONDmoNS: (description of existing buildings, uses, previous approvals, etc.)
Nod\. .
PROPOSAL: (description of proposed buildings, uses, modifications, etc.)
1 >,5 eg-L:\ \ QUA a �a��es c
\cl rao — \yo-V . o��yov 1
Have you attached the following? FEES DUE: $ 14,Rp
Zj Pre- Application Conference Summary
Attachment #1, Signed Fee Agreement
b Response to Attachment #2, Dimensional Requirements Form
El Response to Attachment #3, Minimum Submission Contents
▪ Response to Attachment #4, Specific Submission Contents
❑ Response to Attachment #5, Review Standards for Your Application
ASPEN/PITKIN
COMMUNITY DEVELOPMENT DEPARTMENT
Agreement for Payment of City of Aspen
1 - r spen ` Development Application Fees
\
CITY OF ASPEN (hereinafter CITY) and TIC\\ 4 ■ CcSe_
(hereinafter APPLICANT) AGREE AS FOLLOWS:
1. APPLICANT has submitted to CITY an application for \\
\ca\ %eule r gal V (_)-j O S j� t= cc AmaCC,
(hereinafter, PROJECT). V
2. APPLICANT understands and agrees that City of Aspen Ordinance No. 45 (Series of 1999)
establishes a fee structure for Land Use applications and the payment of all processing fees is a condition precedent
to a determination of application completeness.
3. APPLICANT and CITY agree that because of the size, nature or scope of the proposea 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 to 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 Planning Commission and/or City Council to enable the Planning
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 S L > —cc, which is for �j 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. 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: VOSnr —S GUeS�
J ulie Ann Woods 1 c� �
Community Development Director Date: Ca V — ca00 _3
Mailing Address:
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12/27/99
World Link Cafe
520 E. Hyman Avenue P.O. Box 11769
Aspen, CO, 81611 Aspen, CO, 81612
Phone : 970 - 925 -4666 or 970- 379 -1195
Dear Sir / Mam,
This letter is in regards to the proposal of having
furniture outside my premises. The address for
this proposal is 520 E. Hyman Ave, Aspen, CO,
81611.
I have attached a diagram, which will show that
I will NOT be obstructing any paths or
walkways.
Please except this proposal.
Many Thanks
•
James Guest
• r ---,
World Link Cafe, LLC.
Proposal
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CITY OF ASPEN
PRE - APPLICATION CONFERENCE SUMMARY
PLANNER: Fred Jarman, 920.5102 DATE: 5.22.00
PROJECT: Internet Cafe: Outdoor Seating
REPRESENTATIVE: James Guest
OWNER: Geld, LLC.
PARCEL ID: 2737 - 182 -15 -004
TYPE OF APPLICATION: 1 step. Special Review, Reduction of Open Space
DESCRIPTION: Applicant, James Guest, wishes to provide two tables and 8 chairs in
front of the Internet Cafe for outdoor seating within the front courtyard.
Land Use Code Section(s)
26.575.030 Open Space
26.430 Special Review
Review by: Staff for Completeness, Planning & Zoning Commission
Public Hearing: Yes: Planning & Zoning Commission
Referral Agencies:
Planning Fees: Planning Deposit ($480)
Referral Agency Fees:
Total Deposit: $480 (additional hours are billed at a rate of $195 /hour)
To apply, submit the following information:
1. Proof of ownership.
2. Signed fee agreement.
3. Applicant's name, address and telephone number in a letter signed by the applicant which states the
name, address and telephone number of the representative(s) authorized to act on behalf of the
applicant.
4. Street address and legal description of the parcel on which development is proposed to occur,
consisting of a current certificate from a title insurance company, or attorney licensed to practice in
the State of Colorado, listing the names of all owners of the property, and all mortgages, judgments,
liens, easements, contracts and agreements affecting the parcel, and demonstrating the owner's right
to apply for the Development Application.
5. Total deposit for review of the application
6. 11 Copies of the complete application packet and maps.
P & Z = 9; Planning Staff = 2
7. An 8 1/2" by 11" vicinity map locating the parcel within the City of Aspen.
8. A written description of the proposal and an explanation in written, graphic, or model form of how
the proposed development complies with the review standards relevant to the development
application. Please include existing conditions as well as proposed. Please refer to the review
standards in the application.
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.
05/22/2000 15:25 9709254666 JAMES GUEST PAGE 02
•
LEASE: SUMMARY OF BUSINESS TERMS
THIS LEASE: SUMMARY OF LEASE TERMS is made and entered into this 1 Q M
day of May, 2000, by and between GELD, LLC, a Colorado limited liability company, whose address
is Post Office Box 1247, Aspen, Colorado 81612 (referred to below as "Landlord "), and WORLD
LINK CAFE, LLC, whose address is 520 East Hyman Avenue, Aspen, Colorado 81611 (referred to
below as "Tenant ").
WITNESSETH:
Section 1
•
A. IN CONSIDERATION of the mutual covenants and agreements set forth herein
and in the full Lease to which this Summary of Business Tenns is attached, which Lease is made a
part hereof by this reference, Landlord does hereby lease to Tenant and Tenant does hereby rent from
Landlord the following described Leased Premises: Unit 1 A, Pitkin Center Condominiums, 520 East
Hyman Avenue, Aspen, Colorado 81611, containing approximately 950 square feet. Notwithstand-
ing thc estimates of square footage of thc Premises and the entire building, the rent reserved here-
under is not based upon a dollar amount per square foot but is a gross amount for the entire space.
B. Tenant shall cause the entire space to be insured to limits set forth below, shall
pay all such utilities metered to or utilized in connection with such space and shall keep and maintain
the space in good condition and repair subject to the uses, limitations, restrictions and requirements
hereinafter set forth.
C. Whenever specifically used herein the term "Tenant's Fractional Share" of
Landlord's expenses shall mean the fraction, the numerator of which is the square footage of the
Leased Premises set forth above and the denominator of which is t t.. f'Va" approximate
total square footage of net rentable space in the Building). t 1. 09= co,.,,An. ,ra
Section 2
Term. The term of this Lease shall commence at 12:01 a.m. on the first day of July,
2000, and shall expire at 1 1:59 P.M. on the 31st day of June, 2005. Wherever specifically used
herein, the term "Lease Year" shall mean each full calendar year during the term hereof, commencing
on July 1, 2000.
Option to Extend. Tenant shall have one (1) option to extend the term of this lease.
The extension shall be for a period of five (5) years, commencing on July 1, 2005 and terminating
on June 30, 2010. As a condition of the exercise of this option, Tenant must be in good standing
under the Lease and not in default of any of its provisions. An uncured default under the Lease shall
void the option permitted hereunder. The option to extend must be exercised no later than ninety
days prior to the expiration of the Lease Term, and must be exercised by Tenant's delivery of written
notice to Landlord.
1
05/22/2000 15:25 9709254666 JAMES GUEST PAGE 03
Section 3
•
A. Tenant agrees to pay Landlord during the first year of the Lease, at Landlord's
address shown above, or at such other place as Landlord may from time to time designate in writing
to Tenant, a minimum annual rental of $62,400.00 for the Leased Premises, in equal monthly
installments of $5,200.00 ( "Base Monthly Rental ") on or before the first day of each month;
provided, however, that rent for the first month of the Lease shall be due upon execution hereof
B. For the second and subsequent years of the Lease and for any renewal period,
Tenant shall pay Landlord a minimum annual rental to be calculated in accordance with the
provisions of Article 111 of the Lease. In no event shall the annual rent paid by Tenant increase less
than four percent (4 %) nor greater than eight percent (8 %) a year, which increase shall be applied
to the rent payable during the preceding year. As during the first year of the Lease, rent shall be
payable in equal monthly installments on or before the first day of' each month.
Section 4
common Area and Utility Expenses. Tenant shall pay Tenant's Fractional Share of
Landlord's expenses of managing, repairing and maintaining the Building Common Areas, as well
as such share of Landlord's costs of providing certain utility and other services to the Building, all
as more ttlly described in Article V of the Lease.
Section 5
Taxes. Tenant shall pay Tenant's Fractional Share of Landlord's general property
taxes, as more fully described in Article VI of the Lease.
Section 6
Insurance. Tenant shall pay Tenant's Fractional Share of Landlord's fire, casualty and
general public liability insurance premiums, as more fully described in Article VII of the Lease.
Section 7
Buildinn Maintenan Expens Tenant shall pay Tenant's Fractional Share of
Landlord's periodic costs of repairing and maintaining the Building utility systems and those external
aspects of the Building itself which do not involve the structural integrity thereof, all as more fully
described in Article XI of the Lease.
.section 8
Interior Utility Expenses. Landlord shall pay the cost of providing all common area
utilities to the Leased Premises as more ft►Ily described in Section 4 above and Article V of the
Lease. Interior utilities for the Leased Premises shall be billed separately to Tenant.
2
05/22/2000 15:25 9709254666 JAMES GUEST PAGE 04
Section 9
Estimated Share. Tenant's estimated share of the costs identified in Sections 4
through 8 above will be approximately S1,000.00 per month for the first year of the Lease.
Section 10
ae. Tenant shall use the Leased Premises as an intemet cafe. Upon prior written
consent of Landlord (which consent will not be unreasonably withheld), Tenant may use the Leased
Premises for some other purpose so long as it does not compete with any other use in the Building.
Section 11
Seem itv Deposit. Contemporaneously herewith, Tenant shall deposit with Landlord
as security for the faithful performance by Tenant of all of the terms of this Lease the sum of
S10,400.00. This deposit is to be retained by Landlord until sixty (60) days following the
termination of this Lease and any renewals or extensions hereof, at which time the deposit will either
be returned to Tenant or retained in whole or in part by Landlord in accordance with the provisions
of C.R.S. § 38 -12 -101, sm. At no time may Tenant use or apply this deposit in lieu of rent.
Landlord shall not be obligated to maintain the security deposit in a separate account and shall be
allowed to co- mingle it with other funds. The security deposit shall not bear interest.
Section 12,
Signs. Tenant shall not erect, display, affix or allow any sign, shade, awning, fence,
antenna, booth, or any device or structure whatsoever upon or about the exterior of the Leased
Premises or upon the Budding or the Building Common hlements without, in each instance, first
obtaining the written consent of Landlord. Tenant shall not make any other alterations in or on the
Leased Premises except in accordance with the provisions of Article XI of the Lease.
Section 13
Lease Summary Controls. In the event of any conflict between the terms and
conditions of this Lease Summary and the body of the Lease of which this is made a part, this Lease
Summary shall control, and the provisions set forth herein shall govern the parties relationship and
their rights and obligations.
Section 14
Guarantee. By execution below, the undersigned individuals personally guarantee
each and every obligation of Tenant set forth in this Lease Agreement, absolutely and without
condition, and each individual shall be jointly and severally liable with Tenant for the performance
of all obligations and the payment of all amounts due under the Lease. Guarantors agree that notice
or demand served upon Tenant shall constitute notice or demand upon Guarantors, that Tenant's
occupancy or use and enjoyment of the Premises constitutes good, valid and adequate consideration
for this guarantee and that regardless of the solvency, filing ofbankruptcy or other inability of Tenant
to perform hereunder, Guarantors shall be fully obligated for the performance of this Lease as though
a Tenant hereunder.
3
05/22/2000 15:25 9709254666 JAMES GUEST PAGE 05
IN WITNESS WHEREOF, Landlord, Tenant and Guarantors have executed this
Lease: Summary of Business Terms on the day and year first above written.
Landlord: Tenant:
GELD, LLC WORLD LINK CAFE, LLC
a Colorado limited liability company
gitre
By 4o ..1/4..C -L t nes -- C By _
Lowell Meyer, its manager
ua . r
JAM • GU /
Guarantor:
�+ 1 —BERG
4
, , ll V C
MEMORANDUM
TO: Aspen Planning and Zoning Commission
THRU: Julie Ann Woods, Community Development Director
Joyce Ohlson, Deputy Director t
i ,,. FR OM: Fred Jarman, Planner-6:1 RE: Worldlink Cafe Reduction of Open Space Variance — Public Hearing
DATE: July 18, 2000
Q APPLICANT: --- ---^
i Q 1 Worldlink Cafe, :
James Guest
^V `
` q
REPRESENTATIVE:
1 � I James Guest / ck - ; at 44.401 •
, a.
_
LOCATION:
520 East Hyman Street; Atv'c- • ,� 7
Parcel ID: 2737-182-15-004 °�
ta ,..
Z ONING: -..-„, '"'. ,: d'
Commercial Core (CC) & Historic _ ' ' ` �" �'
District Overlay Worldlink Cafe front patio / garden area where
applicant wishes to accommodate outdoor seating.
1 CURRENT LAND USE:
Internet Cafe cmx
PROPOSED LAND USE: . `-
k Internet Cafe with outdoor seating. I ,
SUMMARY: _
(/ \ iL/ The Applicant is requesting Special
tb y )4\
l' Review approval for a Reduction in
f • Q Open Space to place a minimal amount , E
of outdoor seating in front of the :„
Worldlink Cafe. This is a one -step . -`
review before the Planning and Zoning -v
Commission.
Worldlink Cafe front patio / garden area where
/ 6 GL tau- G &I n a" re . applicant wishes to accommodate outdoor seati
1 ng.
.Mlph P 4 � v 514 A t• .: a R • „V:4... Ap,,nr”
- ,f 4.41 ,, w /`Ld.t"iel ;1 DP 4 1 )??`Lt- -
REVIEW PROCEDURE
Special Review shall apply to all development in the City of Aspen designated for
Special Review including reduction of open space requirements in CC (Commercial
Core) Zone District [Section 26.430.040(C)]. Whenever a special review is
conducted to determine whether a reduction of the open space requirement in the CC
zone district is to be granted, it shall be reviewed in accordance with the standards
set forth at Section 26.575.030(B).
Following the receipt of a recommendation from the Community Development
Department, the Planning and Zoning Commission shall by resolution approve,
approve with conditions, or deny a development in the City of Aspen designated for
Special Review including reduction of open space requirements in CC Zone District.
STAFF COMMENTS:
Worldlink Cafe, James Guest, ( "Applicant "), is requesting approval for Special
Review for the reduction of oven space to place two or three tables with
accompanying chairs in the patio / garden area in front of the Worldlink Cafe
on East Hyman Street. As the pictures on the first page and Exhibit C indicate,
the Worldlink Cafe has a large amount of open space in front of the building.
The owner has maintained an attractive garden including trees and benches for
pedestrians creating a nice courtyard. The applicant is proposing two tables and
eight chairs. Staff believes that as a result of the large size of the courtyard, the
applicant could accommodate three (3) tables and twelve (12) chairs if so
desired.
The applicant recently opened an Internet cafe in the building, which provides
10 computers for patrons to access the World Wide Web. Along with providing
access to the Internet, the cafe also serves beverages and a minimal amount of
pre- cooked food to be heated in a microwave and served to patrons in the true
sense of the cafe use. The applicant would like to use the large amount of
currently vacant open space in front of the cafe to place outdoor seating for
patrons and the general public. This space is entirely separate from the right -of-
way and does not encroach into the right -of -way in any way. The cafe building
frontage is actually set back further from the sidewalk and street right -of -way
than the rest of the building. This provides for additional open space
immediately in front of the cafe. Further, Staff believes that the placement of
outdoor seating will not interfere with pedestrian traffic while at the same time
add an attractive streetscape and pedestrian amenity to the area.
Therefore, Staff believes the proposal meets the review criteria for a reduction of
open space in the form of outdoor seating in the proposed location and does not
impact pedestrians in the right -of -way on East Hyman Street and supports this
variance from the reduction of open space in the CC Zone District for the
Worldlink Cafe.
RECOMMENDATION:
Staff is recommending approval of the Worldlink Cafe Special Review /
Reduction of Open Space for outdoor seating in the patio /garden area in front
of the cafe on the south side of the property located at 520 East Hyman Street.
RECOMMENDED MOTION:
"I move to approve the Worldlink Cafe Special Review / Reduction of Open Space to
place outdoor seating in the patio /garden area in front of the cafe on the south side of the
property located at 520 East Hyman Street with the conditions in the draft resolution."
ATTACHMENTS:
Exhibit A -- Review Criteria and Staff Findings
Exhibit B -- Application Letter
Exhibit C -- Site Photo Documentation
Exhibit D -- Site Location Map
Exhibit E -- Resolution #.t), Series 2000
EXHIBIT A
SPECIAL REVIEW
REVIEW CRITERIA & STAFF FINDINGS
The following section provides land use code language regarding a proposal for a
variance from the reduction of open space requirements pursuant to Section
26.575.030(B).
Reduction of required open space in the Commercial Core (CC) zone district. The
Commercial Core (CC) zone district requires that building sites within the zone district
provide at least 25% of open space, unless the Planning and Zoning Commission, by
special review (See Chapter 26.430), approves a reduction. A reduction of the required
open space may be approved by the Planning and Zoning Commission only if
1. The applicant demonstrates that the provision of less than the required
amount of open space on -site will be more consistent with the character of
surrounding land uses than would be the provision of open space according to the
standard. In making this finding, the Planning and Zoning Commission may
consider the following:
a. It may be appropriate to have open space on the site when the
building is located on a ctrppt corner.
STAFF FINDING
The site and location, where the applicant is requesting to place tables and chairs, is not
located on a corner lot. The Worldlink Cafe building is set back from the pedestrian right -
of -way 34 feet; it is the furthest of all adjacent and surrounding businesses by a
considerable amount. In this large open space in front of the cafe, the owner has placed
pavement squares conforming to adjacent businesses, three medium size trees, a small
landscaped area containing flowers, and two wood benches. These storefront open space
elements are consistent with open space elements of adjacent businesses. These elements
will remain in place and untouched with the proposed use. However, Worldlink Cafe
provides a considerable amount of true walkable open space compared to surrounding
businesses. Staff believes that the proposed minimal outdoor seating will be more
consistent with the character of surrounding land uses than would be the provision of
open space according to the standard.
b. The open space can be linked to neighboring nede.c amenities.
STAFF FINDING
The lot is located in the Commercial Core (CC) zoning district, which allows restaurants,
cabarets, nightclubs, and tea rooms as permitted uses. The Worldlink Cafe is a logical fit
to the area as a permitted use in both the restaurant / cafe and service commercial uses.
Currently, the open space provides a neighboring pedestrian amenity to the area, which
Staff believes will be enhanced with the provision of a minimal amount of cafe -style
seating for cafe patrons as well as an amenity to the general public. Further, this
proposal will not decrease any access to the cafe or detract from the free pedestrian
flow on the sidewalk right -of -way. Staff believes that the proposed minimal outdoor
seating will be more consistent with the character of surrounding land uses than would
be the provision of open space according to the standard.
c. The open space provides relief intended to maintain the
. rominence o an ad "acent hi • • <. •• • .
STAFF FINDING
Staff finds there are no historical properties adjacent to the Worldlink Cafe. However, the
cafe is located within the Historic Overlay District therefore provides no relief
maintaining the prominence of an adjacent historic landmark.
d. The open space is intended for a particular functional purpose,
such as dining or the protection of an existing tree.
STAFF FINDING
The open space has existed with no specific or particular purpose other than as an open
pedestrian courtyard space including trees, flowers, and two benches for the use of the
building. The intention of the Worldlink Cafe is to place an outdoor seating /dining area
for patrons to the cafe as well as for the general public. The existing landscaping and
benches will remain untouched by this proposal and will add to the cafe style seating
arrangement. Staff believes that the proposed minimal outdoor seating will be more
consistent with the character of surrounding land uses than would be the provision of
open space according to the standard.
e. It may be inappropriate to have open space on the site when other
buildings along the street front are built to the property line, especially
along public malls, or when the open space is configured in such a
manner as to serve no public murpnse.
STAFF FINDING
The Worldlink cafe is setback a full 34 feet from the edge of the sidewalk right -of -way. It
is the furthest setback building on the block by a considerable amount than all
surrounding buildings on its block and the opposing block. The intent of placing minimal
outdoor seating is for the benefit of cafe patrons as well as the general public. As a result
of the large amount of current open space, pedestrian access to the cafe and along the
adjacent sidewalk fronting the cafe will not be impeded. Staff believes that the proposed
minimal outdoor seating will be more consistent with the character of surrounding land
uses than would be the provision of open space according to the standard.
World Link Cafe, LLC.
520 E. Hyman Ave
Aspen, CO, 81611
P.O. Box 11769
Aspen, CO, 81612
Phone : 970 -544 -0001
Fax : 970 -544 -0006
Dear Sir / Madam,
This letter is in regards to the application of using open space.
World Link Cafe is situated on 520 E. Hyman Avenue, we are set
back 34 feet from the side walk. At NO time will the use of the
open space impair or be a hindrance to anything or anybody.
The reason for this request is that World Link Cafe would like to
put minimal tables and chairs outside for the enjoyment of our
customers and for the general public.
Attached is a diagram for this proposal.
Many Thanks
je er ,
ames Guest
World Link Cafe
JUN-15-2000 TH'J 0503 FM FEY, N0, P, J5
ATTACHMENT
+'LAND USE APPLICATION FORM
1, Protect name woc1 l.\cik CSC
2. Project location Sao E. \ rags A..ie. v ,) Colg\6 \\
(indicate street address, lot and block number or metes and bounds description)
3. Present zoning _ 4. Lot size
5. Applicant's name, address and phone number j rn Gue-
Rob \Rr - .S‘co\ , Ash Co, Rll, \\ -
6. Representative's name, a dress, and phone number orc9 L 4.C,�e.
Sao E. 1Ai,Y a ) W
, Co, R \L \\
7. Type of application (check all that apply):
Conditional Use Conceptual SPA _ Conceptual HPC
_ Special Review Final SPA Final HPC
8040 Greenline Conceptual PUD _ Minor HPC
Stream Margin Final PUD _ Relocation HPC
Subdivision _ Text/Map Amend. Historic Landmark
GMQS allotment _ GMQS exemption _ Demo/Partial Demo
View Plane Candominiumization Design Review
Lot Split/Lot Line Appeal Committee
Adjustment
8. Description of existing uses (number and type of existing structures,
approximate sq. ft., number of bedrooms, any previous approvals granted to the
property)
`6 \% c /J.\ ate.._ c c .. a eviss .. • r .
9. Description of development application wcsOs \I•-e S ys. Pc„,,,
10. Have you completed and attached the following?
Attachment 1- Land use application form
Attachment 2- Dimensional requirements form
Response to Attachment 3
Response to Attachment 4
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SITE PHOTO DOCUMENTATION EXHIBIT C
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View from East Hyman St. showing existing garden / patio area including trees, flowers, and
benches. Proposed outdoor seating will occur in this area.
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View o.f W.orldlink Cafe showing open space in front of Easterly view of garden area showing open space and
the building where proposed outdoor seating will be pedestrian amenities.
placed.
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SITE VICINITY MAP EXHIBIT D
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Page 2 i _uuntain Nlarketplacc June 14 - Ju - 27
Cover Story
G
Internet and coffee come together at World Link Cafe'
By Rick Carroll - ,�; `,'s of travelers who have no computer
Aspen Daily News Saf Wrius qp access.
Back in the early days of cafes, com- That's certainly how Guest and
munication and information was hard to �`. ". Hedberg see it.
come by. Cafes became the center for * " °� � "I know that they (cyber cafes) are
these services, and people would rou- not very big in the states," Guest sa d.
1 tinely gather to drink coffee and read " `; "But World Link Cafe will be for the
the news paper. ° R locals as well as the people who do have
p p . `' k, - t �, ; computers and they don't want to travel
.
Now the traditional cafe no longer c` with them. A lot of people in town don't
4
serves the purpose like it once held so `r( 't
distinctly, thanks to the telephone, tele- , " �` . want the hassle of bringing computers ,tiej vision and radio. But with the advent of I . " ' t `ti +t. to with them."
the Internet, it appears the future of the `. . , • .I "- According to Guest, he and Hedberg
cafe has emerged in the creation of a z x4 t 3( I g 3 have have "so many friends who need to
new hybrid, the cyber cafe. ', P check e- mails, check the stock market." • „ t ,d Throw in high -end coffees, teas and
h° s ., "' .. i , " breakfast, and the two think they have a
"I know that they (cyber � ` - winni
cafes) are not very big in the ng recipe in World Link Cafe,
-, t _ 6 r locate d at 320 E. Hyman Ave. They're
c , ,
14, . t , j I- also proud that they'll be serving
states. But World Link Cafe s' ) , i "Australian meat pies," a breakfast item
� , 4 v j i � they claim will hook the first- timer.
will be for the locals as well Their main gig, though, will be serving 4 4
as the people who do have I coffee and providing access to 10 com-
la , p aters.
computers and they don't
- : f They'll also have a conference room
,r , available and offer computer courses and
want to travel with them. n + .�`'� private tutoring.
: �', When customers visit World Link
A lot of people in town don't „m ., c .., i , Cafe, once they log on they'll be put on
Want the hassle of brie In �` the cafe's Web site. The Web site will
g g � � - y offer links to local lodging, employ -
computers With them:' ro ' '��' -. ,_ meat, dining, events, music, nightlife,
'' and real estate, as well as news on
James Guest weather, stocks and international issues.
Hedberg said the World Link Cafe
World Link Cafe co - owner Web site will serve as a useful tool for
anyone with Aspen on their mind —
Two local entrepreneurs certainly from the vacationer wanting to book a
think that cyber cafes — where cus- trip online to the newcomer looking for
comers can get their Internet and coffee a job.
fixes under the same roof — are long Hedberg and Guest, who've known
overdue in Aspen. And when 28 -year- each other 17 years and play for Aspen's
old Australian transplants James Guest rugby club, also have an online agree -
and Christian Hedberg open World Link Stefanie Deutsch /Aspen Daily News ment with Australia's largest travel
Cafe on July 1, it will be the first cyber Australian natives Christian Hedberg (left) and James Guest (right) will open World Link agency.
cafe to do business in Aspen. Cafe, Aspen's first cyber cafe, on July 1. Now that the international trend has finally made " They'll have advertising with us and
The cyber cafe is a concept that's it's way to town, the new business will feature high -end coffees, teas and breakfast, compli- we'll have advertising with them,"
already taken off in Latin America, mentedby fun Internet access. Guest said. "It will be like an exchange
Europe, Asia and Australia. But in the program. They'll have World Link Cafe
U.S., - cyber cafes have remained are in other countries. One of the main -based restaurant consultant. "It could on their Web site."
unproven for the most part. There's just ones is that most other countries don't be that it's so easy to get on the Internet Guest and Hedberg hope that Aspen
a few in Los Angeles, while London has have the easy access: to the Internet that here, and it also could be that Starbucks serves as the launching ground for a con -
about 200 cyber cafes, according to the Americans have, making demand for is so popular." cept they could franchise one day.
"Internet Cafe Guide." cyber cafes greater in outside countries. That said, Olson also believes the "This is something we've researched a
Theories range on why cyber cafes "It makes a lot of sense in Latin market for cyber cafes in the U.S. may lot," Hedberg said. "We're ready to get
aren't catching on in the U.S. like they America," said Sharon Olson, a Chicago be stronger in its resort towns, because -. scatt
City of Aspen
Fax
To: James Guest From: Fred Jarman, Planner
Fax: D260999 S 4 oo0b Pages: 5 including cover
Phone: 379.1195 Date: 5/25/00
Re: Worldlink Cafe Code Info CC:
❑ Urgent ❑ For Review ❑ Please Comment ❑ Please Reply ❑ Please Recycle
• Comments:
James,
After taking your application to our staff meeting for staff review, the consensus was to allow you to
have two (2) tables and eight (8) chairs in front of the cafe in the patio area. None of it can extend into
the pedestrian right-of-way. We felt that because your application is pending (and most likely going to
be approved) then you should be able to go ahead as it has clear benefits to the public. Also, we
discussed that you might want to ask for use of the "patio area" for outside dining instead of just limiting
your self to two (2) tables and eight (8) chairs. By allowing to use the "space" then you might even be
able to fit more seating out there than what you propose. This of course could all be prohibited if P & Z
Commission denies the application. Staff will fully support this application. Should be a no brainer!
Please respond to the criteria in the code which is actually part of your application but you never
received. This way, when I draft my staff report that we take to P & Z, I will be able to make the best
case. The criteria is attached and marked.
Cheers.
Hope this helps. Let me know if you have any questions. (I will be out of town until June 6 and it looks
like we will be on the July 18 P & Z agenda).
Fred 920.5102
Part 500 - Supplemental Regulations ` ° - Section 26.575.030
to, the storage, display, and merchandising of goods and services; provided, however, that
the prohibition of this subsection shall not apply when such use is in conjunction with
permitted commercial activity on an abutting right -of -way.
10. Commercial Restaurant Use. The provisions above notwithstanding, required open
space may be used for commercial restaurant use if the Planning and Zoning Commission
shall determine that such use is compatible with or enhances the purposes of these open
space requirements and that adequate pedestrian and emergency vehicle access will be
maintained. Trellis structures shall only be proposed in conjunction with commercial
restaurant uses on a designated Historic Landmark or within (H) Historic overlay zones and
must be approved by the Historic Preservation Commission pursuant to review requirements
contained in Chapter 26.415 and the Community Development Director pursuant to Section
26.470.060(A)(2)(a)(1). Such approved structures shall not be considered as 'floor area or a
reduction in open space on the parcel.
4 B. Reduction of required open space in the Commercial Core (CC) zone district. The
Commercial Core (CC) zone district requires that building sites within the zone district provide at
least 25% of open space, unless the Planning and Zoning Commission, by special review (See
Chapter 26.430), approves a reduction. A reduction of the required open space may be approved
by the Planning and Zoning Commission only if:
1. The applicant demonstrates that the provision of less than the required amount of
open space on -site will be more consistent with the character of surrounding land uses than
would be the provision of open space according to the standard. In making this finding, the
Planning and Zoning Commission may consider the following:
_ a. It may be appropriate to have open space on the site when the building is
located on a street corner.
-„, b. The open space can be linked to neighboring pedestrian amenities.
„'� —,n c. The open space provides relief intended to maintain the prominence of an
R � adjacent historic landmark.
0/4‘ - n d. The open space is intended for a particular functional purpose, such as dining
or the protection of an existing tree.
e. It may be inappropriate to have open space on the site when other buildings
along the street front are built to the property line, especially along public malls, or
when the open space is configured in such a manner as to serve no public purpose.
2. Payment in lieu. When the Planning and Zoning Commission determines open space
is inappropriate on the site, it may reduce or waive the requirement if the applicant shall
make a payment -in -lieu according to the following formula:
City of Aspen Land Use Code - Page - 245 Revised 07/01/99
City of Aspen
Fax
To: James and Christian From: Fred Jarman, Planner
Fax: 544.0006 Pages: *including cov
Phone: 379.9930 Date: 6/22/00 \ \ \ \\ //
Re: Worldlink Cafe Noticing information CC:
❑ Urgent ❑ For Review ❑ Please Comment ❑ Please Reply ❑ Please Recycle
• Comments:
James,
As promised. Here is the notice to be mailed out and code regulations you need to be aware of. Also
included is an Affidavit that needs to be completed and brought back to me prior to the hearing.
Cheers.
Hope this helps. Let me know if you have any questions.
Fred 920.5102
PUBLIC NOTICE
RE: WORLDLNK CAFE — REDUCTION OF OPEN SPACE VARIANCE
NOTICE IS HEREBY GIVEN that a public meeting will be held on Tuesday, July 18, 2000 at a
meeting to begin at 4:30 p.m. before the Aspen Planning and Zoning Commission, Sister Cities
Meeting Room, City Hall, 130 S. Galena St., Aspen, to consider an application submitted by James
Guest requesting approval for a variance to waive the open space requirements of the City of Aspen
Land Use Code. The property is located at 530 E. Hyman and is commonly known as The
Worldlink Cafe. For further information, contact Fred Jarman at the Aspen/Pitkin Community
Development Department, 130 S. Galena St., Aspen, CO (970) 920 -5102.
sBob Blaich, Chair
Aspen Planning and Zoning Commission
•
Public notice
1. General. Prior to a public hearing on a development application, notice
shall be provided to the public, pursuant to the terms of this section. Table 6 -101
establishes the steps in the development review process at which time notice is to be
given.
2. Content of notice. Every notice shall include the name and address of the
applicant, the type of development application sought. date, time and place of the hearing, •
the address and legal description of the subject property if applicable, a summary of the
development application under consideration. and identification of the decision - making
body conducting the hearing and such other information as may be required to fully
apprise the public of the nature of the application.
3. Manner of notice. Every notice shall be given in one or more of the
folio ' • • •• .• ' . ^don 2652.060(E)(4).
yam ���a ,. ::f hate' Iry a" p
1i !lYi ublication of notice shall be provided by the
..1 .Y , .� /�1�1
planning agency at eas a „ says prior to the public hearing through publication
in an official paper or a paper of general circulation in the City of Aspen in the legal
notice section. The content of the notice shall be that described in Section
26.52.060(E)(2).
b. Posting of notice. Posting of notice shall be made by the applicant, who
shall obtain a copy of the form from the planning agency, which shall be posted at least
ten (10) days prior to the public hearing, by posting a sign in a conspicuous place on the
property subject to the development application. The sign shall be made of suitable,
waterproof materials, shall be not Less than twenty -two (22) inches wide and twenty -six
(26) inches high, and shall be composed of letters not less than one inch in height. The
content of the notice shall be that described in Section 26.52.060(E)(2).
c. Mailing of notice. Mailing of notice shall be made by the applicant. who
shall obtain a copy of the notice from the planning agency. which shall contain that
information described in Section 26.5 2.060(E)(2). At least ten (10) days prior to the
public hearing, notice shall be sent by first class, postage prepaid U.S. mail, or at least
five (5) days if sent by hand delivery, to all owners of propem• within three hundred
(300) feet of the property subject to the development application, and at least fifteen (15)
days prior to the public hearing, notice shall be sent by first class, postage pre -paid U.S.
mail or hand delivery to any federal agency, state, count., municipal government, school,
service district or other governmental or quasi - governmental agency that owns property
within three hundred (300) feet of the property subject to the development application.
The names and addresses of property owners shall be those on the current tax records of
Pitkin County as they appeared no more than sixty (60) days prior to the date of the
public hearing.
or / City of Aspen
30
In S>-� i'..
/ 2 6 . 5 - 3
Fax
To: Christian Hedberg From: Fred Jarman, Planner
Fax: 544.0006 Pages: 3 including cover
Phone: 544.0001 Date: 6/15/00
Re: Code language and process Notes CC:
❑ Urgent ❑ For Review ❑ Please Comment ❑ Please Reply ❑ Please Recycle
• Comments:
Christian,
As promised, you will find attached important code language regarding Noticing prior to the
public hearings, which will be both Historic Preservation Commission (HPC) and Planning
and Zoning Commission (P&Z). Also attached is the application for the Historic Preservation
Review. We apologize for this added process as we discovered with further review of your
business location that you are located in the Historic District Overlay as well as being in the
Commercial Core District. Any exterior structural changes need to be reviewed before the
Historic Preservation Commission. This, of course, requires an additional $480.00 application
deposit. Also a Minor HPC Review (which this is) requires 10 day posting before the meeting.
You don't need to complete "Attachment #2" in this application. Also, we can get you in front
of the HPC on July 12, which is the Wed. before your P&Z hearing. I will take you to both
public hearings.
In order to do the mailing for your notices, you will need to come down to City Hall to the
Information Department on the first floor and get a list of the names of the property owners
within 300 feet of your business which costs $50 I think. However you will be able to use the
same list for both notice mailings for HPC and P&Z so you only need one list.
➢ Noticing for P&Z requires posting your property 5 days before the hearing (or beginning
on 7/13) and a mailing out 15 days prior to the hearing (or on July 3rd).
➢ Noticing for HPC requires posting your property 10 days before the hearing (or beginning
on 7/2) and a mailing out 15 days prior to the hearing (or on June 27th).
Now, the most important thing is to get this HPC application back to me as soon as possible
along with the info from the land use review I gave you earlier. That way I can review them
June 15, 2000
and get them into the necessary Commissioner packets for the PHC and the P82. Failure to
do this will set you back a lot because you will lose your place on these public hearing
agendas. You don't want that to happen. Give me a call if you have any questions. Good
luck.
Fred 920.5102
• Page 2
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