HomeMy WebLinkAboutcoa.lu.tu.401 E Hyman Ave.0083.2013.ASLU THE CITY OF ASPEN
City of Aspen Community Development Department
CASE NUMBER 0083.2013.ASLU
PARCEL ID NUMBERS 273718216001
PROJECTS ADDRESS 401 E HYMAN AVE
PLANNER SARA NADOLNY
CASE DESCRIPTION TEMP USE - FOOD VENDING
REPRESENTATIVE ROM HIRSS 970-376-7770
DATE OF FINAL ACTION 12.26.13
CLOSED BY DJAMA MARTIN ON: 03/11/2014
AFFIDAVIT OF PUBLIC NOTICE
REQUIRED BY SECTION 26.304.070 AND CHAPTER 26.306
ASPEN LAND USE CODE
ADDRESS OF PROPERTY: Oro/
Aspen, CO
STATE OF COLORADO )
ss.
County of Pitkin )
I, GL �Go^/�`� (name, please print)
being or representink 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:
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 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.
Signature
The foregoing"Affidavit of Notice"was acknowledged before me this I? day
of l , 2004, by
WITNESS MY HAND AND OFFICIAL SEAL
PUBLIC NOTICE Of My commission expires:
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 Notary Public
24,Article 68,Colorado Revised Statutes,pertain-
ing to the following described property:Lot A,Block
89,City and Townsite of Aspen,commonly known
as the southeast comer of Mill St.and Hyman Ave,
401 E.Hyman Ave.,Aspen,Colorado,81611,by
order of the Community Development Director on
December 26th,2013. The Applicants,Rom Hirss
and Noah Annes,have received approval for a ATTACHMENTS:
Temporary Food Vending operation to be located
at the aforementioned property for a period of one
year. For further information contact Sara Nadolny `V LTL� T TD T T TI ON
at the City of Aspen Community Development COPY�F THE PVLJLl CAl l�lV
Dept.130 S.Galena St,Aspen,Colorado(970) 1.
920-5090.
si City of Aspen
Publish in The Aspen Times Weekly on January 9,
2014. [9854379] -
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.
The Fritz and Erika Lindner Revocable Family Trust& Erika L. Lindner Revocable Trust, 66966
Ten Peaks Court Bend Oregon 97701
Property Owner's Name, Mailing Address
Lot A, Block 89, City and Townsite of Aspen; 401 E. Hyman Ave, Aspen, CO 81611
Legal Description and Street Address of Subject Property
Temporary Food Vending cart — to sell frozen yogurt, savory sandwiches, soup and beverages
from 11 am—2 am, Sunday through Saturday.
Written Description of the Site Specific Plan and/or Attachment Describing Plan
Administrative approval by the City of Aspen Community Development Director via an
administrative Notice of Approval, dated December 26, 2013.
Land Use Approval(s) Received and Dates (Attach Final Ordinances or Resolutions)
January 2nd, 2014
Effective Date of Development Order (Same as date of publication of notice of approval.)
January 3rd, 2015
Expiration Date of'Development Order (The extension, reinstatement, exemption from expiration
and revocation may be pursued in accordance with Section 26308.010 of the City of Aspen
Municipal Code.)
Issued this 26th day of December, 2013, by the City of Aspen Community Development
Director. &4W1
Chris Bendon, Community Development Director
NOTICE OF APPROVAL
TEMPORARY USE PERMIT TO ALLOW A FOOD VENDING CART TO
OPERATE ON THE PROPERTY LOCATED AT 401 E. HYMAN AVE
Parcel ID No. 2737-182-416-001
APPLICANTS: Noah Annes, 612.743.6274; Rom Hirss, 970.376.7770
SUBJECT & SITE OF APPROVAL: Private outdoor space located at 401 E. Hyman
Ave, involving the approval of Outdoor Temporary Food Vending. Business known as
Red Fox Frozen Yogurt and Mill St. Melts.
SUMMARY:
The Applicants have requested Temporary Food Vending approval for the purpose of
erecting a refreshment vending cart on the private outdoor space at the corner of S. Mill
St. and E. Hyman Ave. The Applicants understand this temporary approval will permit
operations for a period of twelve-months from the date of this approval.
STAFF EVALUATION:
Pursuant to section 26.470.060 (7), Temporary Food Vending, 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
Months of operation 12 months 12 months
Hours of operation 11 am—2:30 am
List of products Frozen yogurt with self-
serve toppings, bottled
water, assorted canned
sodas and juices/iced teas,
savory cheese sandwiches,
- - - - - - - - - - - - - - - soup, hot chocolate.
Area of vending site < 50 sq. ft. +/- 49 sq. ft.
The applicant has provided verification from the building owner to operate at this
location. The City's Environmental Health Department has approved the proposed
operation. The operation may begin on the date of this decision.
DECISION:
Staff finds that the Temporary Food Vending application provided by the Applicant
should be granted for a twelve month term beginning on January 2nd, 2014. The
Page 1 of 2
location, on the outdoor private property at 401 E. Hyman, is appropriate for the
food vending cart and the proposal meets the design, location, and operation
requirements of section 26.470.060.8 of the Land Use Code.
APPROVED BY:
�Z. Z7• 13
Chris Bendon Date
Community Development Director
Attachments:
Exhibit A— Review Criteria
Exhibit B— Application
Page 2of 2
Exhibit A
Review Criteria
26.470.060.8 Outdoor food/beverage vending license. Outdoor food/beverage
vending shall be approved, approved with conditions or denied by the Community
Development Director based on the following criteria:
a. Location. All outdoor food/beverage vending must be. on private property and
may be located in the Commercial Core (CC), Commercial (Cl), Neighborhood
Commercial (NC), or Commercial Lodge (CL) zone districts. Outdoor Food Vending
may occur on public property that is subject to an approved mall lease. Additional
location criteria:
Staff Response: The proposed outdoor vending stand will be located in the CC zone
district, and on private property. Staff finds this criterion to be met.
1) The operation 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.
Staff Response: The proposed outdoor vending stand will be consistent in its location
and will not move during the duration of the approval period: Staff finds this criterion
to be met.
2) Normal operation, including line queues, shall not inhibit the movement of
pedestrian or vehicular traffic along the public right-of-way.
Staff Response: The proposed outdoor vending stand is located adjacent to the Mill
Street and Hyman Mall pedestrian areas. These are wide open areas where line
queues are not expected to interfere with pedestrian flow in the immediate area. Staff
finds this criterion to be met.
3) The operation shall 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.
Staff Response: The outdoor vending stand will be located such that it does not
interfere with the ingress/egress of those patronizing the adjacent retail stores. A six
(6)foot ingress/egress will be maintained around the building entrances. Staff finds
this criterion to be met.
a. Size. The area of outdoor food/beverage vending activities shall not exceed fifty
(50) square feet per operation. The area of activity 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 outdoor vending operation comprises an area of 49.5 sq. ft.
The Code allows for 50 sq.ft. in size. Staff finds this criterion to be met.
b. Signage. Signage for outdoor food/beverage 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
Page 3of 2
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 proposed signage measures just less that the permitted six
square feet. Staff finds this criterion to be met.
c. Environmental Health Approval. Approval of a food service plan from the
Environmental Health Department is required. 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: Environmental Health has approved the plan for this temporary
outdoor vending operation and has no additional comments. There are adequate
trash facilities at this location, and there is no open flame char-broiling occurring
in conjunction with this application. Staff finds this criterion to be met.
d. Building and Fire Code Compliance. All outdoor food/beverage vending
operations must comply with adopted building and fire codes. Applicants are
encouraged to meet with the City's Building Department to discuss the vending
cart/stand.
Staff Response: The potential application is in compliance with the building and
fire departments. Additionally the applicants are storing afire extinguisher on the
site. Staff finds this criterion to be met.
e. Application Contents. An application for a food/beverage vending license shall
include the standard information required in 26.304.030.B, plus the following:
1) Copy of a lease or approval letter from the property owner.
2) A description of the operation including days/hours of operation, types of
food and beverage to be offered, a picture or drawing of the vending cart/stand,
and proposed signage.
3) The property survey requirement shall be waived if the applicant can
demonstrate how the operation will be contained on private property.
Staff Response: The applicants have provided all of the necessary information, as
listed above, with this submittal. Staff finds this criterion to be met.
f. License Duration. Outdoor foodibeverage vending licenses shall be valid for a
one (1) year period beginning on the same the date that the Notice of Approval is
signed by the Community Development Director. This one (1) year period may not
be separated into non-consecutive periods.
Staff Response: The applicants understand that this temporary outdoor food
vending license is valid for the period of one year from the date of this approval,
and will need to reapply within one year's time should they wish to continue this
operation. Staff finds this criterion to be met.
Page 4of 2
g. License Renewal. Outdoor food/beverage vending licenses may be renewed.
Upon renewal the Community Development Director shall consider the returning
vendor's past performance. 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. Unresolved complaints may result in denial of a
renewal request.
Staff Response: This application represents the first renewal of the temporary
outdoor food vending license. There are no known issues stemming from the
applicant's prior six month license. Staff finds this criterion to be met.
h. Business License. The vending operator must obtain a business license.
Staff Response: The applicants currently have a valid business license with the City
of Aspen. Staff finds this criterion to be met.
i. Affordable Housing and Imppact Fees Waived. The Community Development
Director shall waive affordable housing mitigation fees and impact fees associated
with outdoor food/beverage vending activities.
Staff Response: Affordable Housing and Impact Fees are waived as part of this
administrative approval. Staff finds this criterion to be met.
j. Maintenance and public safety. Outdoor food/beverage 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 applicants understand these sections of Code and understand
they must abide by these at all times. Staff finds this criterion to be met.
k. Abandonment. The City of Aspen may remove an abandoned food/beverage
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 applicants are aware of this provision. Staff finds this
criterion to be met.
1. Temporary Cessation. 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/beverage cart will create a public safety issue or create an excessive burden on
the event activities.
Staff Response: The applicants have indicated that they are aware there could
possibly be temporary cessations associated with special events, holidays, etc. Staff
finds this criterion to be met.
m. License Revocation. The Community Development Director may deny renewal
or revoke the license and cause removal of the food/beverage vending operation if the
vendor fails to operate consistent with these criteria. An outdoor good/beverage
vending license shall not constitute nor be interpreted by any property owner,
developer, vendor, or court as a site specific development plan entitled to vesting
Page 5of 2
under Article 68 of Title 24 of the Colorado Revised Statutes or Chapter 26.308 of
this Title. Licenses ranted in this subsection are subject to revocation by the City
Manager or Community Development Director without requiring prior notice.
Staff Response: The applicants have indicated they understand the grounds for
license revocation. Staff finds this criterion to be met.
(Ord. No. 14, 2007, §1; Ord. No. 6 — 2010, §3; Ord. No. 913, 2010 §1; Ord. No. 22, 2013,
§1)
Page 6of 2
C,Ajbj4jB RECEIVED
:DEC 19 2013
CITY OF ASPEN CITY OF ASPEN
PRE-APPLICATION CONFERENCE SUMMARY COMMUNITY DEVELOPMENT
PLANNER: Sara Nadolny, 970.429.2739 DATE: 12/19/13
PROJECT: Outdoor food vending at Mill St. and Hyman Ave.
APPLICANT: Noah Annes, 612.743.6274
TYPE OF APPLICATION: Temporary Food Vending - Renewal
DESCRIPTION:
The Applicant is requesting to renew an approval for a Temporary Outdoor Food Vending operation on
private property located at the southeast corner of Mill St. and Hyman Ave. The Applicant previously
received a six month temporary outdoor food vending approval. The Code has since changed and
permits up to one year approvals for temporary outdoor food vending operations. The Applicant will be
required to comply with the criteria established in Subsection 26.470.060(7), Temporary Food Vending,
of the Land Use Code. Below is a link to the Land Use application Form for your convenience.
http://www.aspenpitkin.com/Portals/0/docs/City/Comdev/Apps%20and%20Fees/2011%20 land%20use
%20app%20form.pdf
Land Use Code Section(s)
26.304 Common Development Review Procedures
26.470.060(7) Temporary Outdoor Food Vending
Follow link below to view the City of Aspen Land Use Code
http://www aspenpitkin com/Departments/Community-Development/Planning-and-Zoning/Title-26-
Land-Use-Code/
Review by: Community Development Staff for complete application
Public Hearing: Not required for this review.
Planning Fees: $81 for Administrative Community Development Staff Review
Total Deposit: $81
Total Number of Application Copies: 2 Copies, including appropriate drawing for board review
To apply, submit the following information:
❑ Total Deposit for review of application.
Pre-application Conference Summary (This document).
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.
CI Street address and legal description of the parcel on which development is proposed to occur.
❑ Completed Land Use application and signed fee agreement.
❑ 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 site plan depicting the location of the temporary use.
A drawing depicting the size of the temporary use (not to exceed fifty (50) square feet).
❑ A signed letter from the owner of the business that the temporary use will be operating by or in
association with.
❑ A signed letter from the property owner allowing for the temporary use to occur on their
property.
❑ Signed letters from those restaurant or retail businesses adjacent to the operation of the
proposed temporary use.
❑ 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.
Permit (�
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Main Custorn Fields Outing Status Fee Summary .fictions Routing History
Permit type 3slu aslu Aspen Land Use � Permit'r 10983.2013.ASLU
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Address;101 EHYMAIJ,JAVE AptlSufte
City ASPEN State lC0 Zip 81611-2403
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Permit Information
Master permit Routing queue as1u07 Applied 121912013 I
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Project( Status ;Pending Approved
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Description`' PPLICAT ON REdE VA1 FOR TEMP FOOD VEIIDING AT 401 E H)WAh1- 3
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CEflse��Final
Submitted IROM HIRSS Clod Renning Days F70 Expire; 12i14!2014
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Last name Llt DER TRUST First name
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Phone } Address
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Applicant
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k Owner is applicant? Contractor is applicant?
Last name ;Sf10 YO LLC First name; 401 E HYMAN A'!E �
ASPEN CO 816112403 1`'
Phone :i9?0 376_770 Cust r 129688 rddr sc
Lender
Last name First name i
Phone ± Address
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AspenGold6(server angelas. 1 of i
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6083, 2 0 r-S •Asp RECEIVED
ATTACHMENT 2-LAND USE APPLICATION DEC 18 2013
PROJECT: CITY OF ASPEN
Name:
Location: A t L �n 4 MV1 iv vi S,k c a Ma Q� Block
(Indicate street address,lot&block number,legal description where appropriate)
Parcel ID# REQUIRED) Lek
APPLICANT:
Name: p
Address:
Phone#: 7 L• ;
REPRESENTATIVE:
Name: u p
Address: 0 ny . LvA F
Phone#:
TYPE OF APPLICATION: (please check all that apply):
❑ GMQS Exemption ❑ Conceptual PUD Temporary Use
❑ GMQS Allotment ❑ Final PUD(&PUD Amendment) ❑ Text/Map Amendment
❑ Special Review ❑ Subdivision ❑ Conceptual SPA
❑ ESA—8040 Greenline,Stream ❑ Subdivision Exemption(includes ❑ Final SPA(&SPA
Margin,Hallam Lake Bluff, condominiumization) Amendment)
Mountain View Plane
❑ Commercial Design Review ❑ Lot Split ❑ Small Lodge Conversion/
Expansion
❑ Residential Design Variance ❑ Lot Line Adjustment ❑ Other:
❑ Conditional Use
EXISTING CONDITIONS: (description of existing buildin s uses,previous approvals,etc.)
; ,u
�o C j l 6 . iih
I;c bje -��Om Yc
PROPOSAL: (description of pronosed buildings,uses,modifications,etc.)
6 AIC t 1 7 r k y i >( L'Ab
c tk ( � , aw - G t3' Cs>` �erd�t Fii ' �i1
Have you attached the following? FEES DUE: $�_
❑ Pre-Application Conference Summary
❑ Attachment#1,Signed Fee Agreement
❑ Response to Attachment#3,Dimensional Requirements Form
❑ Response to Attachment#4, Submittal Requirements-Including Written Responses to Review Standards
❑ 3-D Model for large project
All plans that are larger than 8.5"X 11"must be folded. A disk with an electric copy of all written text
(Microsoft Word Format)must be submitted as part of the application. Large scale projects should include an
electronic 3-D model. Your pre-application conference summary will indicate if you must submit a 3-D model.
COMMUNITY DEVELOPMENT DEPARTMENT
Ai%ED
Agreement to Pay Application Fees DEC 18 2013
Anagreement between the City of Aspen ("City") and rITV 11 ASPEN
Property Phone No.: 3QWN"I EMOPNI
Owner("I"): 11� � 1� � Email: ��I�'�� �5 iY� :� �,�V►1
Address of Billing
Property: Address: N
(subject of (send bills here)
application)
I understand that the City has adopted, via Ordinance No. , Series of 2011, review fees for Land Use applications
and the payment of these fees is a condition precedent to determining application completeness. I understand
that as the property owner that I am responsible for paying all fees for this development application.
For flat fees and referral fees: I agree to pay the following fees for the services indicated. I understand that these
flat fees are non-refundable.
$0 flat fee for Select Dept $0 flat fee for Select Dept
$0 flat fee for Select Dept $ 81 flat fee for Flat Fee 1 (Admin GP
For deposit cases only: The City and I understand that because of the size, nature or scope of the proposed
project, it is not possible at this time to know the full extent or total costs involved in processing the application. I
understand that additional costs over and above the deposit may accrue. I understand and agree that it is
impracticable for City staff to complete processing, review, and presentation of sufficient information to enable
legally required findings to be made for project consideration, unless invoices are paid in full.
The City and I understand and agree that invoices mailed by the City to the above listed billing address and not
returned to the City shall be considered by the City as being received by me. I agree to remit payment within 30
days of presentation of an invoice by the City for such services.
I have read, understood, and agree to the Land Use Review Fee Policy including consequences for non-payment.
I agree to pay the following initial deposit amounts for the specified hours of staff time. I understand that payment
of a deposit does not render an application complete or compliant with approval criteria. If actual recorded costs
exceed the initial deposit, I agree to pay additional monthly billings to the City to reimburse the City for the
processing of my application at the hourly rates hereinafter stated.
$ deposit for hours of Community Development Department staff time. Additional time
above the deposit amount will be billed at$325 per hour.
$ deposit for hours of Engineering Department staff time. Additional time above the deposit
amount will be billed at$265 per hour.
City of Aspen: Property Owner:
Chris Bendon A
Community Development Director Name:
City Use: 81 Title:
Fees Due. $ Received:$
January, 2013 City of Aspen 113)0 S. Galena St. 1 (970)920-5090
ATTACHMENT 3
DIMENSIONAL REQUIREMENTS FORM
Prject: ��Uo r� 0 u3 S X
Applicant: c'rA fS
Location: Lip 1 e mw V1
Zone District:
Lot Size: ±9&& Sys_
Lot Area: IC11; su
(for the pure ses of calculating Floor Area, Lot Area may be reduced for areas
within the high water mark, easements, and steep slopes.Please refer to the
definition of Lot Area in the Municipal Code.)
Commercial net leasable: Existing: Proposed:
Number of residential units: Existing: Proposed:
Number of bedrooms: Existing: Proposed:
Proposed% of demolition (Historic properties only):
DIMENSIONS:
Floor Area: Existing: Allowable: Proposed:
Principal bldg. height: Existing: Allowable: Proposed:
Access. bldg. height: Existing: Allowable: Proposed:
On-Site parking: Existing: Required: Proposed:
% Site coverage: Existing: Required: Proposed:
% Open Space: Existing: Required: Proposed:
Front Setback: Existing: Required: Proposed:
Rear Setback: Existing: Required: Proposed:
Combined F/R: Existing: Required: Proposed:
Side Setback: Existing: Required: Proposed:
Side Setback: Existing: Required: Proposed:
Combined Sides: Existing: Required: Proposed:
Distance Between Existing Required. Proposed:
Buildings
Existing non-conformities or encroachments:
Variations requested:
December 1, 2013 RECEIVED
DEC 18 2013
To Whom It May Concern, CITY OF ASPEN
JOMMUNITV DMLQPMEN?
Rom Hirss and Noah Annes are requesting a renewall for our outdoor food vending
permit to sell frozen yogurt, grilled cheese and refreshments on the corner of Hyman Ave
E and South Mill St on property owned by Erika Linder trustee of the Fritz and Erica
Linder Revocable Family Trust. The current tenant for the adjacent indoor space is
Robert D. Bosselli of Art Tee Gallery.
We are operating as SnoYo LLC and doing business as Red Fox Frozen Yogurt and Mill
St Melts. We are located at 401 E. Hyman Ave,Aspen, CO 81611 with a local phone
number of 970.376.7770.
The authorized representative is Rom Hirss. He can be reached by mail at PO Box 9444,
Aspen, CO 81612. By phone at 970.376.7770. Rom Hirss is authorized to act on behalf of
SnoYo LLC.
Sincerely,
*J1 014D� m
Noah Annes Rom Hirss
Location
Street Address:
401 E. Hyman Ave
Aspen, CO 81611
Legal Description:
City and Town Site of Aspen
Lot A, Block 89
Parcel#273718216001
Description
Rom Hirss and Noah Armes are requesting a renewal for an outdoor food vending permit
to sell frozen yogurt, grilled cheese and refreshments on private property, located on the
South East corner of Hyman Ave E and South Mill St. We are operating as SnoYo LLC
and doing business as Red Fox Frozen Yogurt and Mill St Melts. We provide self-serve
frozen yogurt in the summer and grilled cheese in the winter. Frozen yogurt is a fun,
healthy, interactive snack or dessert. Grilled cheese provides a quick, easy snack option.
Our operation is run out of a 5.5'by 9'wood food cart. The structure look like a small
cabin or shed(a nice good looking shed). Our hours of operation will be 11 AM to 2:30
AM. Red Fox offers 4 flavors of self serve frozen yogurt,—16 self serve toppings,drinks
and late night grilled cheese. Mill St Melts serves grilled cheese, soup and drinks.
How Our Proposal Complies With the Review Standards for Temporary
Outdoor Food Vending
Section 26.470.060
8. Outdoor Food/Beverage Vending License
a. Location: "Commercial Core"
1. our stand will not move for the duration of the permit
2. our operation will not "inhibit the movement of pedestrian or
vehicular traffic"
3. our cart will not interfere with "emergency egress or pose a threat
to public health, safety or welfare".
b. Size
- our cart will not exceed 50 sq/ftb. Operation Plan
1. We intend to operate from mid-June 2013 to mid-October 2013
2. Hours of Operation: at most 11 AM— 1 AM
3. 401 E. Hyman Ave, right next to the fountain
4. attached is a comprehensive list of all food and beverages being
served
c. Signage
- we will have less then 6 sq/ft of signage and follow all signage rules
d. Environmental Health Approval
- We have been approved by the Environmental Health Dept
e. Building and Fire Code Compliance
- We will comply and have a fire extinguisher on site
f. Contents
1. Included: Copy of Lease
2. Included
3. Our entire operation has and will be contained on private property
g. License Duration
- 1 year
h. License Renewal
- We are in good standing with Environmental Health, Police, and our
neighbors
i. Business License
- We have a current business license
j. Affordable Housing Waiver
-great
k. Maintenance and Public Safety
- if anything we feel we are making the city safer by making people
happier and more content
1. Abandonment
- we understand
m. Temporary Cessation
- we understand
n. License Revocation
- we understand
0
To see all the details that are visible on the
ooglescreen,use the"Print'link next to the map.
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FIRST AMENDMENT TO COMMERCIAL LEASE AGREEMENT
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THIS First Amendment to Commercial Lease Agreement (this "First Addendum") is
executed this day of 6 ` 2013 ("Effective Date") by and between Erika Lindner,
Trustee of the Fritz and Erika Lindner Revocable Family Trust ("Landlord') and SnoYo LLC
("Tenant").
WHEREAS, Landlord and Tenant entered into that certain Commercial Lease Agreement
dated June P, 2013 for the leased premises described as approximately 240 square feet of
street level rental area at 401 East Hyman Avenue,Aspen, Colorado 81611, ("Leased Space").
NOW THEREFORE, in consideration of the foregoing premises, the mutual covenants
herein contained and each act performed hereunder by the parties, Landlord and Tenant hereby
agree as follows:
1. Incorporation of Recitals. The above recitals are hereby incorporated into this First
Addendum as if fully set forth herein.
2. Amendments to the Lease. The Lease is hereby amended to include the following
provisions:
a) TERM: The Lease Term shall be amended to include a four-month (4-month) Summer
Lease Term and a four-and-one-half-month (4 %z-month) Winter Lease Term. The
Summer Lease Term shall commence on June 1'c(the "Summer Commencement Date")
and terminate on September 30`" (the "Summer Expiration Date"). The final Summer
Lease Term will expire on September 3e, 2016.
The first Winter Lease Term shall commence on December 1st, 2013 (the "Winter
Commencement Date") and terminate on April 15", 2014 (the "Winter Expiration Date).
The final Winter Lease Term will expire on April 15th, 2016.
b) RENT: Commencing on the Summer Commencement Date and continuing through the
Summer Term, Tenant agrees to pay Landlord, at 66966 Ten Peaks Court, Bend, Oregon
97701 or at such other place as Landlord may from time to time designate in writing to
Tenant, a Base Rent rate of for the four-month Summer Lease Term for the
Leased Premises payable in full in advance on the Commencement Date.
Commencing on the Winter Commencement Date and continuing through the Winter
Term, Tenant agrees to pay Landlord, at 66966 Ten Peaks Court, Bend, Oregon 97701 or
at such other place Landlord may from time to time designate in writing to Tenant, a
Base Rent rate oA as for the four-and-one-half-month Winter Lease Term for the
Leased Premises payable monthly at a rate of er month on the first day of the
month, with a final half-month's rent payment of due on April.
c) SECURIT -POSIT:� h�e Securitye sit shall be deli
o Landlord,-
,up( n a execution of.., Lease by Tenant and shall be held by-Landlord out
I,!�
a r liability for inWrest, except to the extent required by, Lbws) as secpv&y for the
performance)of Tenant's obligaxivis under this Lease. The Security sit is not an
Page 1 of 6
advance payment gf-Rent or a mease of Tenant's liabilities or damages. Landlord y,
from time to time while an ev of default remains ed, without prejudic o any
other remedy, use all or a ion of the Security sit to satisfy past du ent, cure
any uncued default by ant, or Lease or res g from Tenant's bre of this Lease.
If Landlord uses the--Security Deposit, T t shall on demand r ore the Security
Deposit to its original. amount and such by Landlord of the Seextrnty Deposit shall not
-constitute a curd'of the existing event'of default until such a as the entire amount
owing to the-Landlord is paid in�fi�ll and the Security Dep�it is fully restored. Provided
that Tenant has performed alk of its obligations here der, Landlord shall return y
unapplied portion of the Security Deposit to Tenant within thirty (30) days after e later
to occur of: (i) the date,T'enant surrenders possession of the Leased Premises Landlord
in accordance with this Lease; or (ii)the Expiration Date. If Landlord teetee rs its interest
in the Leased Premises, Landlord shall assign the Security Deposit t-a ansfe ree and,
following the.°assignment and the delivery to Tenant of an aqpknowledgement of the
transferee's"responsibility for the Security Deposit if required''by Laws, Landlord shall
have no further liability for the return"of the Security Deposit.
d) ADDITIONAL RENT: As referred to in Section d) UTILITIES below, Tenant shall pay
to Landlord as Additional Rent at the beginning of the Winter Lease Term the cost of
equipment, labor and installation of a separate electric line to provide electricity.
Installation shall be provided by a licensed and bonded electrician and all work shall be
fully permitted by and meet all legal requirements of the City of Aspen.
e) USE: Tenant shall use the Leased Premises for the Winter Term only of the purpose of
operating a warm beverage and food sales kiosk. Tenant shall maintain Tenant's
operating facilities structure at the site in good order and repair throughout the Term of
this Lease. Tenant may maintain Tenant's operating facilities structure at the Premises
during the interim periods between the Winter Lease Term and the Summer Lease Term
for the duration of the Lease provided that there is no other requirement by Law to vacate
the structure from the Premises and provided further that Landlord does not request
Tenant vacate the structure from Premises for any other reason. If Tenant is requested to
vacate the Premises during the interim period between the Winter Lease Term and the
Summer Lease Term, Tenant shall remove Tenant's operating facilities structure at
Tenant's expense within five(5)days of notification to vacate.
f) UTILITIES: Tenant shall have access to ele ref tf l the Leased Premises. Landlord
agrees to install and pay for, subject to Tenant's reimbursement as Additional Rent,
separate electrical access for Tenant's use, with all costs for permitting, equipment,
installation, and any other required.expenses to be paid by Tenant with the first monthly
rent payment for the first Winter Lease Term. Tenant shall establish a permanent sub-
meter on the premises to track Tenant's electric usage at ng and at the end of
the City of Aspen Utilities m ing cycle to dete `` ue'`"iI '�t�l kilowatt hour usage
for the billing period and s tE'11 it portion of the total electric bill on a percent of
kilowatt hour used basis. Tenan allow the owner of the Art Tee Gallery or any other
future Tenant occupying the inside building space 4,61*ast Hyman Avenue access to
the sub-meter to verify electric usage. Tenant agrees dt Tenant will not install any
equipment which will exceed or overload the capacity of any utility facilities, and that if
any equipment installed by Tenant shall require additional utility facilities, they shall be
installed and maintained at Tenant's sole cost and expense in accordance with plans and
Page 2 of 6
specifications which have received prior written approval of Landlord and any additional
facilities or improvements shall be permitted by the City of Aspen. Landlord's approval
of any plans and specifications shall be at its judgment and discretion.
g) SUBORDINATION; ATTORNMENT; ESTOPPEL CERTIFICATE: This Lease,
including the covenant of quiet enjoyment, may, at Landlord's option, be subject and
subordinate to the lien of any trust deed or deeds, mortgages, or liens resulting from any
other method of financing or refinancing before or hereafter placed upon the Leased
Premises, and to all other amounts advanced thereunder or consolidations and extensions
thereof, provided, however, that in the event of any foreclosure or other suit, sale or
proceeding thereunder, Tenant, if not then in default hereunder, will not be made a party
to any such suit or proceeding, and the same shall not affect the rights of Tenant under
this Lease. This Article VII is self-operative and no further instrument of subordination
shall be required in order to effectuate it. Nevertheless, Tenant agrees to execute such
instruments as may reasonably be requested by any beneficiary or mortgagee to evidence
and make a record of the fact that this Lease is to be inferior to any such deed of trust or
mortgage. If requested by a successor-in-interest to all or a part of Landlord's interest in
this Lease, Tenant shall, without charge, attorn to the successor-in-interest. Tenant shall,
within ten(10)days after receipt of written request from Landlord, execute and deliver an
estoppel certificate to those parties as are reasonably requested by Landlord (including a
mortgagee or prospective purchaser). The estoppel certificate shall include a statement
certifying that this Lease is unmodified (except as identified in the estoppel certificate)
and in full force and effect, describing the dates to which Rent and other charges have
been paid, representing that, to the best of Tenant's knowledge, there is no default (or
stating with specificity the nature of the alleged default) and certifying other matters with
respect to this Lease that may reasonably be requested.
h) INSURANCE: Tenant shall carry liability insurance, covering its use of the Leased
Space and, if applicable, all-risk insurance covering Tenant's property stored thereon, and
shall add Landlord as an additional insured on any such insurance policy. Tenant shall
provide Landlord with proof of insurance prior to taking occupancy and shall provide
Landlord with proof of annual renewal of insurance coverage throughout the full term of
the Lease and at any time during the lease term within five (5) days of Landlord's written
request.
i) REPAIR AND MAINTENANCE: Tenants shall keep the Leased Premises in good
condition and repair, ordinary wear and tear excepted. Tenant's obligations include,
without limitation, repairs to i) electrical wiring and connections to Tenant's kiosk; ii)
alterations performed by contractors retained by Tenant; and iii) snow and ice removal at
the Leased Premises.
j) OPTION TO EXTEND: Upon expiration of the final Summer Lease Term, should
Landlord at its sole discretion offer the property for Lease, and if Tenant is not in default
under any terms of the Lease, Tenant shall have first right of refusal to extend the Lease
on the Lease Premises for two additional four-and-one-half month (4 112-month) Winter
Lease Terms and two additional four-month (4-month) Summer Lease Terms, at then
current market rental rate and lease terms and conditions. Tenant shall provide Landlord
with written notification of intention to exercise the option to extend no later than
September 1 St, 2016. Notice shall be sent to Landlord by registered or certified mail,postage
Page 3 of 6
prepaid and return receipt requested or sent by overnight courier service.
k) MUTUAL REPRESENTATIONS AND WARRANTIES: Each parry hereby represents
and warrants to the other party that (i) it is duly organized, validly existing and in good
standing in accordance with the laws of the state under which it was organized and if such
state is not the state in which the Premises is located, that it is authorized to do business in
such state; (ii) all action necessary to authorize the execution of this First Addendum has
been taken by it; and (iii) the individual executing and delivering this First Addendum on
behalf of it has been authorized to do so, and such execution and delivery shall bind it.
Each party, at the other party's request, shall provide evidence of such authority.
1) INCORPORATION: This First Addendum shall be incorporated into and made a part of
the Lease, and all provisions of the Lease not expressly modified or amended hereby shall
remain in full force and effect and are hereby ratified and confirmed by Lessor and
Lessee.
m) APPLICABLE LAW: This First Addendum shall be governed by and construed and
enforced in accordance with the laws of the State in which the Premises is located without
reference to any provision of Colorado law that would select the laws of another
jurisdiction.
Page 4 of 6
Notwithstanding the foregoing, all other terms, condition, and guarantees of the Lease will
continue to apply.
IN WITNESS WHEREOF, Landlord, Tenant, and Guarantors have executed this Commercial
Lease: Summary of Business Temps on the day and year first above written.
LANDLORD: The Fritz and Erika Lindner Revocable
Family trust and the Erika L. Lindner Trust
By AA-1 /1"104"
Erika Lindner, Trustee
TENANT: SnoYo LLC, a Colorado Limited Liability
Company
x
By
Rom Bower Hirss,Member/Owner
By
Noah Armes,Member/Owner
GUARANTOR(S): Rom Bower Hirss
C i, '
Noah Annes
Page 5 of 6
STATE OF OREGON )
ss.
COUNTY OF DESCHUTES )
On / ;�— S , 2013, before me, the undersigned, a Notary Public in and for said
State, personally appeared ERIKA L. LINDNER, as Trustee of the Fritz and Erika Lindner Revocable
Family Trust and Trustee of the Erika L. Lindner Trust and that by her signature on the instrument,
executed the instrument.
WITNESS my hand and official seal.
By -Xe!�c— A � .w..t Notary Public
(k0MMIs5j0NEreIRESOCM8ER27 OFFICIAL SEAL AL LEN D PEARCE;i��TAE:f PUBLIC-OREGON COMMISSION NO. 463138 STATE OF COLORADO 2015
ss.
COUNTY OF PITKIN )
On Lam• ,,, s, "�4 , 2013, before me, the undersigned, a Notary Public in and for said
State, personally appeared Rom Bower Hirss, as Co-Owner of SnoYo LLC, a Colorado Limited
Liability Company,and that by his signature on the instrument, executed the instrument.
WITNESS my hand and official seal.
n
By \ r P otary Public
a
� m
0
STATE OF COLORADO 0, °f Colors Z,o��ryo
} ss. cq ex its*
COUNTY OF PITKIN )
On ;-,(y , 2013, before me, the undersigned, a Notary Public in and for said
State, personally appeared Noah Annes, as Co-Owner of SnoYo LLC, a Colorado Limited Liability
Company, and that by his signature on the instrument, executed the instrument.
WITNESS my hand and official seal.
B 5'
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Penelop
Smith
Page 6 of 6 of Coiot��o $\ryo
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COMMUNITY DEVELOPMENT DEPARTMENT
Land Use Review Fee Policy
The City of Aspen has established a review fee policy for the processing of land use applications. A flat fee or
deposit is collected for land use applications based on the type of application submitted.
A flat fee is collected by Community Development for applications which normally take a minimal and predictable
amount of staff time to process. Review fees for other City departments reviewing the application (referral
departments) will also be collected when necessary. Flat fees are cumulative — meaning an application with
multiple flat fees must pay the sum of those flat fees. Flat fees are not refundable.
A review fee deposit is collected by Community Development when more extensive staff review is required.
Actual staff time spent will be charged against the deposit. Various City staff may also charge their time spent on
the case in addition to the case planner. Deposit amounts may be reduced if, in the opinion of the Community
Development Director, the project is expected to take significantly less time to process than the deposit indicates.
A determination on the deposit amount shall be made during the pre-application conference by the case planner.
Hourly billing shall still apply.
All applications must include an Agreement to Pay Application Fees. One payment including the deposit for
Planning and referral agency fees must be submitted with each land use application, made payable to the City of
Aspen. Applications will not be accepted for processing without the required application fee.
The Community Development Department shall keep an accurate record of the actual time required for the
processing of a land use application requiring a deposit. The City can provide a summary report of fees due at
the applicant's request. The applicant will be billed for the additional costs incurred by the City when the
processing of an application by the Community Development Department takes more time or expense than is
covered by the deposit. Any direct costs attributable to a project review shall be billed to the applicant with no
additional administrative charge. In the event the processing of an application takes less time than provided for
by the deposit, the department shall refund the unused portion of the deposited fee to the applicant. Fees shall be
due regardless of whether an applicant receives approval.
Unless otherwise combined by the Director for simplicity of billing, all applications for conceptual, final, and
recordation of approval documents shall be handled as individual cases for the purposes of billing. Upon
conceptual approval all billing shall be reconciled and all past due invoices shall be paid prior to the Director
accepting an application for final review. Final review shall require a new deposit at the rate in effect at the time
of final application submission. Upon final approval all billing shall again be reconciled prior to the Director
accepting an application for review of technical documents for recordation.
The Community Development Director may cease processing of a land use application for which an unpaid
invoice is 30 or more days past due. Unpaid invoices of 90 or more days past due may be assessed a late fee of
1.75% per month. An unpaid invoice of 120 days or more may be subject to additional actions as may be
assigned by the Municipal Court Judge. All payment information is public domain.
All invoices shall be paid prior to issuance of a Development Order or recordation of development agreements
and plats. The City will not accept a building permit for a property until all invoices are paid in full. For permits
already accepted, an unpaid invoice of 90 or more days may result in cessation of building permit processing or
issuance of a stop work order until full payment is made.
The property owner of record is the party responsible for payment of all costs associated with a land use
application for the property. Any secondary agreement between a property owner and an applicant representing
the owner(e.g. a contract purchaser) regarding payment of fees is solely between those private parties.
1-013 City of Aspen 1