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HomeMy WebLinkAboutcoa.lu.tu.309 E Main St.0063.2012 THE CITY OF ASPEN City of Aspen Community Development Department CASE NUMBER 0063.2012.ASLU PARCEL ID NUMBERS 2737 073 29 002 PROJECTS ADDRESS 309 E. MAIN ST PLANNER JIM POMEROY CASE DESCRIPTION TEMP FOOD VENDING REPRESENTATIVE SHIRLEY TIPTON DATE OF FINAL ACTION 10.10.12 CLOSED BY ANGELA SCOREY ON: 10.19.12 > 0 File Edit Record tjavigat2 Form Reports Format Tab Help �_.. Routing Status Fees Fee Summary Mam Actions �Attachments�Routing 1�skory S valuation �Arch(En-q �Cuskom Fields 1 Sub Perms � ► i Permit typed Aspen Land Use Permit# D063.2012.ASLU Address 315 EMAIN ST Apt(Suite' city JASPEN State CO zip 81 61 1-1 929 Permit Information I Master permit Routing queue aslu07 Applied 10f2t2D12 Project Status pending Approvedl� 1 Description APPLICATION FOR TEMP FOOD VENDING REVIEW Issued Closed(Final Submitted SHIRLEY TIPTON 544 2499 Clock ;Running Days Expires 9!27!2013 Submitted via L- Owner ; Last name ASPEN EMPORIUM,LLC� First name SHIRLEY TIPTON 315 E MAIN ST j" ASPEN CO 81 61 1-1 929 i€ Phone (970)544-2499 Address si Applicant 1'�€ Owner is applicant? E]Contractor is applicant? Last name ASPEN EMPORIUM,LLC First name SHIRLEY TIPTON 315 E MAIN ST ASPEN CO 81 61 1-1 929 Phone (970)544-2499 Cust#129217 J Address Lender as name First name ?' Phone ( ) - Address _ _ -: _- . Enter the permit type code AspenGold5(server) angeias,. `O o� 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. Catherine M Bergman Miner's Real Estate LLC P.O. Box 1365 Aspen CO 81612, Property Owner's Name, Mailing Address and telephone number Lots C D E and half of B Block 80 of the City and Townsite of Aspen and commonly known as 315E Main St Aspen CO 81611 Legal Description and Street Address of Subject Property Temporary Outdoor Food Vending on property that also hosts Aspen Emporium & Flying Circus with the intent to sell roasted chestnuts during the cold weather months, and gelato during the warm weather months. Written Description of the Site Specific Plan and/or Attachment Describing Plan Administrative approval October 10 2012 Land Use Approval(s) Received and Dates (Attach Final Ordinances or Resolutions) October 10, 2012 Effective Date of Development Order(Same as date of publication of notice of approval.) March 10 2013 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 10th day of Oc ober, 2012, b the City of Aspen Community Development Director. Chris Bendon, Community Development Director NOTICE OF APPROVAL TEMPORARY USE PERMIT TO ALLOW A FOOD VENDING CART TO OPERATE ON THE PROPERTY OF THE ASPEN EMPORIUM & FLYING CIRCUS, LOCATED AT 315 E MAIN ST. LOTS D, E, AND HALF OF B, BLOCK 80 PARCEL ID NO. 273707329002 APPLICANT: Shirley Tipton SUBJECT & SITE OF APPROVAL: Aspen Emporium & Flying Circus, at 315 E. Main St, involving the approval of Temporary Food Vending for the operation of a chestnut roasting and gelato cart. SUMMARY: The Applicant has requested Temporary Food Vending approval for the purpose of operating a food vending cart on the grounds of the Aspen Emporium & Flying Circus, STAFF EVALUATION: Pursuant to section 26.470.060 (7) of the City of Aspen Land Use Code (hereinafter Code), Temporary Food Vending is permitted in the Commercial Core (CC) and Commercial Lodge (CL) zone districts when specific review criteria are met. Per the review criteria/operational requirements, the applicant is proposing the following: Requirement Proposal Location CC or CL zone CC zone Months of operation 6 months 6 months Hours of operation 9am to 8 pm Sun - Sat List of products Roasted chestnuts (seasonal), gelato, lemonade Area of vending site < 50 sq. ft. +/- 12 sq. ft. The applicant has provided verification from the building owner representative and tenants within the building granting permission to operate. Also, the city's Environmental Health department has approved the proposed operation. The operation may continue on the date of this decision. DECISION: Staff finds that the Temporary Food Vending application provided by the Applicant should be granted for a six month term beginning on October 10, 2012. Please note that this is the second time that the applicant has been approved for this operation at the same location. The location, outside of the Aspen Emporium & Flying Circus building, is appropriate for the food vending cart and the proposal meets the design, Page 1 of 6 location, and operation requirements of Section 26.470.060 (7) of the Land Use Code. APPROVED BY: dA...— Chris Bendon Date Community Development Director Attachments: Exhibit A—Temporary Food Vending Standards Exhibit B — Application Page 2 of 6 Exhibit A: Review Criteria Sec. 26.470.060 7. Temporary food vending. Temporary Food Vending on private property or public property that is subject to a mall lease for food vending or outdoor restaurant seating in the Commercial Core (CC) or Commercial Lodge (CL) Zone Districts shall be approved, approved with conditions or denied by the Community Development Director based on the following criteria: a. Location. All outdoor food vending shall be located in the Commercial Core (CC) zone district. Temporary food vending may operate in interior arcades of buildings within the Commercial Core and Commercial Lodge zone districts only if the approval of the property owner and of all businesses that have access in the arcade has been granted. The temporary operation shall under no circumstance be located in the public right-of-way. The normal operation of the food cart, including line queues, shall not inhibit the movement of pedestrian or vehicular traffic along the public right-of-way. Other criteria that all applications must be in compliance with: 1) Multiple vending sites shall not be allowed for any single owner or entity. 2) The food cart shall be in a consistent location as is practically reasonable and not intended to move on a daily basis throughout the duration of the permit. 3) The food vending cart shall be placed in a location that does not interfere with required emergency egress or pose a threat to public health, safety and welfare. A minimum of six (6) foot ingress/egress shall be maintained for building entrances and exits. 4) Before a food vending cart can begin operating, it must receive approval from the property owner and all adjacent businesses. Staff response: The cart is located within the CC zone district on private property. The owner only operates out of this one location, is located within a set area of the property, does not interfere with ingress or egress, and has received approval to operate from the property owner and adjacent businesses. b. Operation Plan. The Applicant shall create an operation plan to include in all letters that seek approval from the property owner or adjacent businesses. The operation plan shall contain the following information, at a minimum: 1) Months of intended operation 2) Hours of operation Page 3 of 6 3) Location 4) Comprehensive list of all food and beverage being served. If any element of the operation plan is altered after a Temporary Outdoor Food Vending permit has been issued, the Community Development Director has the ability to revoke the issued permit. Staff response: The Applicant notes that the business will be operated for 6 months starting in October, Sundays through Saturdays, from Sam to 8pm. During the cold weather seasons roasted chestnuts will be served, and during the warm weather seasons gelato will be served. This vendor also anticipates participation in Lemonade Day, a yearly one-day event involving area youth. c. Duration. The temporary food vending operation shall be permitted to operate for a period of six (6) months. The six (6) month period shall begin on the same the date that the Notice of Approval is signed by the Community Development Director. This six (6) month period may not be separated into non-consecutive periods. Once the six (6) month timeframe has expired, the operation shall be subject to an additional review and permit process. The Community Development Director shall consider a returning vendor's past performance in considering a permit renewal. This shall include, but shall not be limited to, input from the Environmental Health Department, Chief of Police, special event staff, and feedback from adjacent businesses. The Community Development Director may require a temporary cancelation of operations to accommodate special events, holidays, or similar large public gatherings. Such action will be taken if it is determined that the food cart will create a public safety issue or create an excessive burden on the event activities. The Community Development Director may revoke the permit and cause removal of the vending operation if the vendor fails to accommodate such a request. Staff response: The Applicant notes that the business will be operated for 6 months starting October 10`", 2012. d. Fee. The permit fee for a food vending cart shall be the current fee listed in Land Use Code Section 26.104.070, Land use application fees. e. Size. The area of outdoor food vending activities does not exceed fifty (50) square feet. The area of outdoor food vending activities shall be defined as a counter area, equipment needed for the food vending activities (e.g. cooler with drinks, snow cone machine, popcorn machine, etc.), and the space needed by employees to work the food vending activity. Staff response: The Applicant notes that the business will be approximately.12 sq. ft in size. Page 4 of 6 f. Number. The number of Temporary Outdoor Food Vending carts allowed within the City of Aspen at any given time shall be limited to four (4). This number shall be based upon valid Land Use Applications approved by the Community Development Director. Food vending locations within interior arcades are exempt from this limitation. Staff response: This application brings the current number of Outdoor Food Vending carts within the City of Aspen to two. g. Signage. Signage for temporary food vending carts shall be exempt from those requirements found within Land Use Code Section 26.510, Signs, but not excluding Prohibited Signs. The total amount of signage shall be the lesser of fifty percent (50%) of the surface area of the front of the cart, or six (6) square feet. Sign(s) shall be painted on or affixed to the cart. Any logos, lettering, or signage on umbrellas or canopies counts towards this calculation. Food carts may have a sandwich board sign in accordance with the regulations found within Chapter 26.510. Staff response: The Applicant has agreed to meet the signage requirements. h. Abandonment. The City of Aspen may remove an abandoned food vending operation, or components thereof, in order protect public health, safety, and welfare. Costs of such remediation shall be the sole burden of the property owner. Staff response: The review criterion is not applicable. i. Environmental Health. An application to the Community Development Director for temporary outdoor food vending shall only be submitted and approved subsequent to submitting and obtaining approval of a food service plan from the Environmental Health Department. The area of outdoor food vending activities shall include recycling bins and a waste disposal container that shall be emptied daily and stored inside at night and when the outdoor food vending activities are not in operation. Additionally, no outdoor, open-flame char-broiling shall be permitted pursuant to Municipal Code Section 13.08.100, Restaurant Grills. Staff response: The Applicant has received approval from the Environmental Health Department. j. Affordable Housing Waiver. The Community Development Director shall waive affordable housing mitigation fees associated with the temporary new net leasable square footage being created by outdoor food vending activities. Page 5 of 6 k. Year-round Operation. The outdoor food vending activities may occur year- round. An application for an approval of temporary outdoor vending activities shall not constitute nor be interpreted by any property owner, developer, vendor, or court as a site specific development plan entitled to vesting under Article 68 of Title 24 of the Colorado Revised Statutes or Chapter 26.308 of this Title. Approvals granted in this subsection are subject to revocation by the City Manager or Community Development Director without requiring prior notice. 1. Maintenance and public safety. An application for temporary outdoor food vending activities shall not diminish the general public health, safety or welfare and shall abide by applicable City regulations, including but not limited to building codes, health safety codes, fire codes, liquor laws, sign and lighting codes, and sales tax license regulations. Staff response: The Applicant has agreed to meet applicable city regulations. (Ord. No. 14, 2007, §1; Ord. No. 913, 2010 §1) Page 6 of 6 AFFIDAVIT OF PUBLIC NOTICE REQUIRED BY SECTION 26.304.070 AND CHAPTER 26.306 ASPEN LAND USE CODE ADDRESS OF PROPERTY: 15 I,;� U - Aspen, CO STATE OF COLORADO ) ss. County of Pitkin ) (name, please print) being or representing an Applicant to the City of Aspen, Colorado, hereby personally certify that I have complied with the public notice requirements of Section 26.304.060 (E) or Section 26.306.010 (E) of the Aspen Land Use Code in the following manner: VIPublication of notice: By the publication in the legal notice section of an official paper or a paper of general circulation in the City of Aspen at least fourteen (14) days after final approval of a site specific development plan. A copy of the publication is attached hereto. Publication of notice: By the publication in the legal notice section of an official Paper or a paper of general circulation in the City of Aspen no later than fifteen (15) days after an Interpretation has been rendered. A copy of the publication is attached hereto. Si ure p The foregoing "Affidavit of Notice" was acknowledged before me this day of / 'G"._ — , 2012-, by �jWZMIEL /' 1(14449144-W WITNESS MX.HAND AND OFFICIAL SEAL PUBLIC NOTICE Of DEVELOPMENT APPROVAL My comipssion expires:' Notice is hereby given to the general public of the a�- 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 1 24,/Aicle 68,Colorado Revised Statutes,pertain- ing a the following described property:Aspen Em- t '[7 Ub.IC -� por'dm&Flying Circus,commonly known as 315 JJ E.'Rain St,Aspen,Colorado,81611,by order of S' GCS the Community Development Director on October T 10,2012. The Applicant,Shirley Tipton,received •(•�•••., approval of a Temporary Food Vending cart on the aforementioned property.For further information contact Jennifer Phelan,at the City of Aspen community Development Dept.130 S.Galena St, ATTACHMENTS Aspen,Colorado(970)920-5090. Aspen,Colorado OF THE PUBLICATION Aspen s/City Publish in The Aspen Times Weekly on October 18,2012.[8497384) 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: Aspen Emporium & Flying Circus, commonly known as 315 E. Main St, Aspen, Colorado, 81611, by order of the Community Development Director on October 10, 2012. The Applicant, Shirley Tipton, received approval of a Temporary Food Vending cart on the aforementioned property. For further information contact Jennifer Phelan, at the City of Aspen Community Development Dept. 130 S. Galena St, Aspen, Colorado (970) 920-5090. sl City of Aspen Publish in The Aspen Times on October 18t', 2012 Page 1 of 6 CITY OF ASPEN PRE-APPLICATION CONFERENCE SUMMARY PLANNER: Sara Adams 970-429-2778 DATE: October 1, 200 ; 'tv; IED 2 PROJECT: 315 E Main Street, Food Vending APPLICANT: Shirley Tipton, Aspen Emporium LLC 0�.T 2 2012 TYPE OF APPLICATION: Temporary Food Vending for Aspen Emporium DESCRIPTION: The Applicant is requesting approval for a Temporary Outdoor Food Vending permit in order to operate a chestnut roasting stand at 315 E. Main St. The Applicant has not specified the periods of time when the food stand is intended to operate, but this information will need to be included with the Land Use Application, in addition to: • Desired months of operation • Full list of food being offered • Location All of this information should be included in the Applicant's Operation Plan. The operation plan shall be included in the letters of approval that must be signed by the property owner(s) or owner's association(s). In addition, the Applicant must obtain approval from the property owner, all businesses on the lot, and all business on the adjacent properties. The Applicant will need to comply with the criteria established in Section 26.470.060(7), Temporary Outdoor Food Vending. Below is a link to the Land Use application Form for your convenience. http•//www aspenpitkin com/Portals/0/docs/City/Comdev/Apps%20and%2OFees/landusegppfonn.pdf Land Use Code Section(s) 26.304 Common Development Review Procedures 26.470.060(7) Temporary Outdoor Food Vending Follow link below to view the City of Aspen Land Use Code http://www aspenpitkin com/Departments/Community-Development/PIanning-and-Zoning[Title-26- Land-Use-Code/ Review by: Community Development Staff for complete application Public Hearing: Not required for this review. Planning Fees: $79, flat fee for Administrative Community Development Staff Review Total Deposit: $79 Total Number of Application Copies: 2 Copies, including appropriate drawing for board review To apply, submit the following information: 0 Total Deposit for review of application. 0 Pre-application Conference Summary Page 2 of 6 0 Applicant's name, address and telephone number, contained within a letter signed by the applicant stating the name, address, and telephone number of the representative authorized to act on behalf of the applicant. = Street address and legal description of the parcel on which development is proposed to occur, = Completed Land Use application and signed fee agreement. 2 copies of the complete application packet and maps. A written description of the proposal and a written explanation of how a proposed development complies with the review standards relevant to the development application § 26.470.060(7) Temporary Outdoor Food Vending. D A drawing depicting the size of the temporary use (not to exceed fifty (50) square feet). O A site plan depicting the location of the temporary use. Q If applicable, a signed letter from the owner of the business that the temporary use will be operating by or in association with. D Signed letters from those restaurant or retail businesses that the temporary use will be operating adjacent to. A signed letter from the property owner. Q Proof of approval from the Environmental Health Department for a food service plan. Disclaimer: The foregoing summary is advisory in nature only and is not binding on the City. The summary is based on current zoning, which is subject to change in the future, and upon factual representations that may or may not be accurate. The summary does not create a legal or vested right. Page 3 of 6 �"— Aspen Emporium LLC dba Aspen Emporium and Flying Circus ASPENLand Use Application for Temporary Food Vending OA& We seek permitting to allow vibrant retail operation that reflects the fun and frippery we offer on behalf of our 45 artisans and vendors. To that end we respectfully respect vending permits under the City of Aspen code. Applicant/approved Agent— Shirley Tipton Aspen Emporium and Flying Circus Co-owner/co-manager 315 E. Main S_t. Aspen, CO 81611 970-544-2499, 970-948-3119 (c) shirleytipton�i)_comcast.net Applicant is the orized agent a managi g partner of Aspen Emporium, LLC To meet our community goals of increasing and supporting local business as we increase downtown vitality and foot traffic, we submit this application for a temporary food vending permit consistent with the requirements of the City of Aspen land use codes. We respectfully request approval. Our operation plan for this vending is as follows— • Desired months of operation • Year-round, weather permitting • Winter holiday season for roasting/roasted chestnuts • Hours of operation will be 9a to 8p as traffic requires though most often will be 9a-6p. • Full list of food being offered: Gelato, Chestnuts in winter, no hazardous foods • Location 315 E. Main Street, legal description: Lots C & D, Block 80 and half of lot B, block 80, parcel id 2737-073-29-002 • Egress/access will be maintained at all times • Signs meet City of Aspen code and are appropriately permitted • Photo of vending cart: Gelato cart - 4' x 2' x 3'h RECTIVED OU 0'x„2012 ���'� C I TY O ir A 6 P I:N Page 4 of 6 • Cart will be in a small cart just off the porch, in the grass. Chestnuts will also be just off the porch with roasting device, small, traditional chestnut roaster— operated during holidays as a community "traditional" amenity. Front yard is 39 feet wide and 22 feet deep. Building Side walk Cart Seasonal roaster MAIN STREET • Application includes attachment of permission of property owner on both sides. Please note property owner is also owner of this property and our landlord. We have made multiple attempts to contact business owner for Alderfer's Antiques without success. • City of Aspen Health Department permits are in place and rules will be followed. No hazardous foods will be handled or served from this cart. We respectfully submit this application and believe we are meeting requirements of City of Aspen codes as established in Section 26.470.060(7), Temporary Outdoor Food Vending. Attachment 2—Land Use Application Permission from property owner and adjacent business owner Page 5of6 S} OCT 2 2012 ATTACHMENT 2-LAND USE APPLICATION PRgtl:c'T: Vra:re: _ � 1• H 111 11"i t €l ' lot_f3,k (incriczta a,ry a.'.dre;;.Irx t h?ad:rwm:xr,Iccal d�cr.�icr.wh.-tra��ro :iatel I'xrc4111),��RF 111-RED) -U Cot KM:Yxr'SF.NTaTI�T.: I fOzl? : At ,._s: t 7YrF..OF Arrimi 77ON.'(pleas.-clxk•rll tha.<¢:l;-: (� (iN.CY.�Lxrrplvn ❑ Tcm gran•Us• C:a:icrx�al Pl U P4 D�/[ Grv'±(6 Allmnicrt ['irna I'Ll)(&KID An,cncLn t:;• U 'I cxvM u;Amcrdmeal ❑ SacciPl Re i°•c (] Suhdieisian Carrur.aril SPA ❑ =.SA-IWO'Umnline,Swam ❑ a'ubiivisi:•n Eixmptic-t(ind.Wes 'riva'RP A(&SPA MxtgLL R'Emn Lace It HIT. xnd,:!min`.uir,!z ion) Attics KIn ICId Mountain vii.-Y Plan:. J Connnxc'.<ri prs gu Review ❑ Lo:Split [ Small Lodge Coaveniunt Expar>ic^ Kesidentisl Clesi¢:i Z aril c.- Lt,:I.ir. A:ija ct�rr.'t F1 I Conditicnal Uric CXt:atrG CONDITIflxc: 'do=cr..tic,.et exis:ine bui dims,um b,FLVi:,us app+ovals.et:.) 0 3. PROPOSAL: idacri ion ofpr�pnsedhui:dingt.css,:naditicjdixN•.oz.) n` t A rw W!"Ar!FM )ti(r� *'F�t' Hxf r tau attxrht�rl Ihr futlow iug' F 1:1,a 01.K:S f J Pno-Appiicxliuu C.unf_31cum RIJIT1.11CIV I.S:ltncd r%;c Agrccroart -�icF� ce io 'iti x11n1crt+-.-Bmemirr +m�t--*-4 ern^i Nm ta OatErb.,cm 44.St bit ittal _„ur--lm?ud.t5 tFrttsnitesp.rr; is <cu+c u SSandst7L. All i 'ns th. �rC Kr--- )C must be 1'nirlr1A ..1.with an eke: cnp f all wrRt t rd Forruatbmitkd a5 part of h a)?psrru�rte cl�nlA ude an lecttronie - odrl Yuur Rlu�don conference mtnar}will indicate if u muRisubntlt D cl. Page 6 of 6 MINERS" REAL ESTATE, LLC P. O. BOX 1365 ASPEN, CO 81612 November 30,21M TO WHOM IT MIGHT CONCERN It is our understanding that our tenants,The Aspen Emporium and Flying Circus,am agpb-ittg for a permit to root.chestnuts in the front of the property and oumcmus other outdoor aativitics. We have no objeatiavn to this particular function and hqv*an understanding with them that they will indeed oheck with us More initiating any other such funcdons in the fixvTc. We=the olxmcis of the properties on tither side of the 315 L•. Main Stmt location in question. f Catherine M.Tlargman Mgr-Member,Miner,,UC Page 1 of 6 CITY OF ASPEN PRE-APPLICATION CONFERENCE SUMMARY PLANNER: Sara Adams 970-429-2778 DATE: October 1, 2 PROJECT: 315 E Main Street, Food Vending APPLICANT: Shirley Tipton, Aspen Emporium LLC OCT 2 2012 TYPE OF APPLICATION: Temporary Food Vending for Aspen Emporium DESCRIPTION: The Applicant is requesting approval for a Temporary Outdoor Food Vending permit in order to operate a chestnut roasting stand at 315 E. Main St. The Applicant has not specified the periods of time when the food stand is intended to operate, but this information will need to be included with the Land Use Application, in addition to: • Desired months of operation • Full list of food being offered • Location All of this information should be included in the Applicant's Operation Plan. The operation plan shall be included in the letters of approval that must be signed by the property owner(s) or owner's association(s). In addition, the Applicant must obtain approval from the property owner, all businesses on the lot, and all business on the adjacent properties. The Applicant will need to comply with the criteria established in Section 26.470.060(7), Temporary Outdoor Food Vending. Below is a link to the Land Use application Form for your convenience. http•//www aspenpitkin com/Portals/0/docs/City/Comdev/Apps%20and%2OFees/landusegppform.pdf Land Use Code Section(s) 26.304 Common Development Review Procedures 26.470.060(7) Temporary Outdoor Food Vending Follow link below to view the City of Aspen Land Use Code http://www aspenpitkin.com/Departments/Community-Development/Plannin.g-and-Zoninq/Title-26- Land-Use-Code/ Review by: Community Development Staff for complete application Public Hearing: Not required for this review. Planning Fees: $79, flat fee for Administrative Community Development Staff Review Total Deposit: $79 Total Number of Application Copies: 2 Copies, including appropriate drawing for board review To apply, submit the following information: 0 Total Deposit for review of application. = Pre-application Conference Summary Page 2 of 6 0 Applicant's name, address and telephone number, contained within a letter signed by the applicant stating the name, address, and telephone number of the representative authorized to act on behalf of the applicant. = Street address and legal description of the parcel on which development is proposed to occur, = Completed Land Use application and signed fee agreement. 0 2 copies of the complete application packet and maps. Q A written description of the proposal and a written explanation of how a proposed development complies with the review standards relevant to the development application § 26.470.060(7) Temporary Outdoor Food Vending. A drawing depicting the size of the temporary use (not to exceed fifty (50) square feet). A site plan depicting the location of the temporary use. Q If applicable, a signed letter from the owner of the business that the temporary use will be operating by or in association with. D Signed letters from those restaurant or retail businesses that the temporary use will be operating adjacent to. A signed letter from the property owner. Proof of approval from the Environmental Health Department for a food service plan. Disclaimer: The foregoing summary is advisory in nature only and is not binding on the City. The summary is based on current zoning, which is subject to change in the future, and upon factual representations that may or may not be accurate. The summary does not create a legal or vested right. Page 3 of 6 �— Aspen Emporium LLC dba Aspen Emporium and Flying Circus ASPENLand Use Application for Temporary Food Vending We seek permitting to allow vibrant retail operation that reflects the fun and frippery we offer on behalf of our 45 artisans and vendors. To that end we respectfully respect vending permits under the City of Aspen code. Applicant/approved Agent— Shirley Tipton Aspen Emporium and Flying Circus --'►— Co-owner/co-manager 315 E. Main St. Aspen, CO 81611 970-544-2499, 970-948-3119 (c) sh irleytipton�D_comcast.net Applicant is the "9orized agent a managi g partner of Aspen Emporium, LLC To meet our community goals of increasing and supporting local business as we increase downtown vitality and foot traffic, we submit this application for a temporary food vending permit consistent with the requirements of the City of Aspen land use codes. We respectfully request approval. Our operation plan for this vending is as follows— • Desired months of operation • Year-round, weather permitting • Winter holiday season for roasting/roasted chestnuts • Hours of operation will be 9a to 8p as traffic requires though most often will be 9a-6p. • Full list of food being offered: Gelato, Chestnuts in winter, no hazardous foods • Location 315 E. Main Street, legal description: Lots C & D, Block 80 and half of lot B, block 80, parcel id 2737-073-29-002 • Egress/access will be maintained at all times • Signs meet City of Aspen code and are appropriately permitted • Photo of vending cart: Gelato cart - 4' x 2' x 3'h /'deg . Z�) 1r 3 z s � RECFVED 0 C T 0 2 J12 CITY O �+_- COMMUNITY Page 4 of 6 • Cart will be in a small cart just off the porch, in the grass. Chestnuts will also be just off the porch with roasting device, small, traditional chestnut roaster— operated during holidays as a community "traditional" amenity. Front yard is 39 feet wide and 22 feet deep. Building Side walk Cart Seasonal roaster MAIN STREET • Application includes attachment of permission of property owner on both sides. Please note property owner is also owner of this property and our landlord. We have made multiple attempts to contact business owner for Alderfer's Antiques without success. • City of Aspen Health Department permits are in place and rules will be followed. No hazardous foods will be handled or served from this cart. We respectfully submit this application and believe we are meeting requirements of City of Aspen codes as established in Section 26.470.060(7), Temporary Outdoor Food Vending. Attachment 2 —Land Use Application Permission from property owner and adjacent business owner v Page 5 of 6 OCT 2 2012 nj ATTACHMENT 2—LAND USE APPLICATION PRoirm LY Z�,4 -ji 100 I lv&- "Judi,coe ui4Tt ,Q.l ,.tx i0r,whErc amyromime) .Addrcss,; pk.)r.c Iti(M.WNTAT"T.: coacm-rial PL I) E: UKlQS All Mment I•kw.l PW(&.PLO ❑ Special Rc%iz.L L] 1uF.dirixisa Corpx;'tial SPA ❑ FSA-SWU kyrvcllim Strew" LJ su"i'vision Exemplic,ZMZI,.:d,!s -7 Fitta'.RFIA(&SPA M&YZL-L Killwn La.,v,Hiliff, zen&.min'tlmiznon', AviclukliCill) Mountain"iew I'Llitir _j Des'ryl Review ❑ Lot Splil 7E SAnall Lodge Cammmitw Expinsic-. I Ref-Jealial DC68.1 Vefirwe _j Lo li;4:A.'h ol 11CA F-I Wtrr: Conditiu-mil Utic Exwioc at exiti-.ing btiKop,um,,p.vvi,.-)uilppl0v&ls etc.) PROKWU i4,-U7ip tan;)f jw-lplltA4 huildikqk MS.iwdilicatimi.clu.) Ull VITAYAW Kd iA% Have you altacktA The falkswing? 01,V.: Prc-ApplWaiksii Cutifwism.91mmiLry Atlachrmit!.-1,Sixticil Rx A,,.mcinall Fa wtfgmwv-" a Fcwm --D-R.�nj nwc�� Imiud 9_-_L��_ r­jea (A! i(Wd a$ t Dfliopplindon. 38 iftil coo �!,Vfimmxm.will indicate if hfm lclu*t,,iwbmItr_�D=cL Page 6 of 6 MINERS' REAL ESTATE, LLC P. 0. BOX 1365 ASPEN, CO 81612 November 38,24111 TO WHOM IT M1CHT CONCERN It sr our understanding that our tenants,The Aspen Emporium and Flying Circus,are upp-bring for a permit to roast chemnuts in the front of the property"numcmus other ouoJaor activities. We have no objeetialn to this particular function and have an understanding with them that they will indeed check with us before initiating any other such kmdans in the fiuWrc. We arc the o xmcrs of the properties on eithcr side of the 315 E.Main Strcct location in question. Catherine M.Tlcrgman �j r MgrMember,Miner]LLC