HomeMy WebLinkAboutLand Use Case.CU.308 S Hunter St.A56-93CASELOAD SUMMARY SHEET
City of Aspen
DATE RECEIVED: 9 28 93 PARCEL ID AND CASE NO.
DATE COMPLETE: 2737 - 182 -25 -002 A56 -93
STAFF MEMBER: LL
PROJECT NAME: Goldberg Conditional Use Review
Project Address: 308 S. Hunter St.
Legal Address:
APPLICANT: David & Susan Goldber
Applicant Address: P. O. Box 1091, Aspen, CO 81612
REPRESENTATIVE: Rick Neilev, Neilev & Alder
Representative Address /Phone: 201 N. Mill St., Suite 102
Aspen, CO 81611 925 -9393
FEES: PLANNING $ 942 # APPS RECEIVED 5
ENGINEER $ # PLATS RECEIVED
HOUSING $ 55
ENV. HEALTH $
TOTAL $ 997
TYPE OF APPLICATION: STAFF APPROVAL:_ 1 STEP: x 2 STEP:
P &Z Meeting Dat 4% PUBLIC HEARING: ES NO
VESTED RIGHTS: YES NO
CC Meeting Date
PUBLIC HEARING: YES NO
VESTED RIGHTS: YES NO
DRC Meeting Date
REFERRALS:
City Attorney
City Engineer
Housing Dir.
Aspen Water
City Electric
Envir.Hlth.
Zoning
DATE REFERRED: P
Parks Dept.
Bldg Inspector
Fire Marshal
Holy Cross
Mtn. Bell
ACSD
Energy Center
INITIALS: l�? b
FINAL ROUTING:
DATE ROUTED:
School District
Rocky Mtn NatGas
CDOT
Clean Air Board
Open Space Board
Other
Other
DUE: 1 7 3
City Atty _ City Engineer _Zoning _Env. Health
Housing _ Open Space Other:
FILE STATUS AND LOCATION:
J
MEMORANDUM
TO: Aspen Planning and Zoning Commission V
FROM: Leslie Lamont, Deputy Director o.
DATE: October 3, 1995 `()�
RE: Information Item Hunter Street Pub, Insubstantial
Amendment to a Conditional Use
SUMMARY: Staff presents this insubstantial amendment to the
Planning and Zoning Commission as an information item due to the
conditions of approval placed upon the Pub during the conditional
use approval of 1993. If the Commission disagrees with staff this
item will be scheduled on a future agenda for discussion.
The Hunter Street Pub received a conditional use approval to
operate a restaurant and pub in the C -1 zone district. The
approval was granted with five conditions. Please see Resolution
93 -39.
The owners, Susie and David Goldberg, have the opportunity to
expand into the adjacent retail space which used to be a gallery.
The primary purpose for expansion is to set up a keg beer system
which requires a significant amount of space for the kegs, storage
of other items and the sale of micro -brew beer paraphernalia. In
addition the Goldberg's have formed a partnership with two
individuals that have worked for them in the past. Please see
letter dated September 21, 1995.
Although the Goldberg's intended to operate an adjunct of the
Silver City Grill and have food preparation on site together with
a bar operation, the Pub has become primarily a beer drinking
establishment that specializes in- micro -brew beer.
INSUBSTANTIAL AMENDMENT: A conditional use may be amended at
either the planning staff level or by the Planning and Zoning
Commission. Pursuant to 24 -7 -308 the following criteria for an
insubstantial amendment are:
1. The change will not cause negative impacts on pedestrian and
vehicular traffic circulation, parking or noise;
RESPONSE: The expansion is into an existing retail space of
approximately 360 square feet. Approximately 140 square feet will
be used for a keg beer system and the retail space will be reduced
to 156 square feet. The keg system will replace the extensive use
of bottled beer thereby reducing the amount of delivery trips.
2. The change will not substantially affect the tourist or local
orientation of the conditional use:
RESPONSE: The Hunter Street pub has become a popular local venue.
The expansion of the pub eliminates a primarily tourist oriented
retail use for a local oriented and locally owned business.
3. The change will not affect the character of the neighborhood
in which the use is located;
RESPONSE: The character of the neighborhood is retail with a
mixture of restaurants, small retail shops and some offices.
Expansion of the pub will not change the low -key local oriented
nature of the area.
4. The change will not increase the use's employee base or the
retail square footage in the structure;
RESPONSE: During review of the conditional use for the Pub, it was
determined that 3 -5 employees were generated during the previous
use of the space which was a beauty salon. Currently the Pub is
operated by one full time employee. The Kane Gallery, which is the
proposed expansion space, used 1.5 full -time employees. It is
anticipated that the proposed Pub expansion will generate an
additional .5 full -time employees. Therefore, operation of the Pub
totals 1.5 full time employees whereas the previous uses of the
space generated 4.5 employees.
The expansion will not increase the retail square footage of the
building and with the need for storage will decrease the commercial
net leasable space.
S. The change will not substantially alter the external visual
appearance of the building or its site.
RESPONSE: The change to the Pub will be internal only.
DISCUSSION: Due to the nature of the expansion and the minimal
affect of the expansion on the character of the neighborhood and
the building, staff finds that this change to the conditional use
is insubstantial in nature. However, the specific conditions of
approval from the conditional use approval require that "any
increase to the size of the restaurant... or "change in tenancy for
the additional space" shall be reviewed by the Planning and Zoning
Commission.
Therefore staff has brought this insubstantial change to your
attention as an information item. If the Planning and Zoning
Commission does not believe that this is an insubstantial
amendment, staff will reschedule this item at a latter agenda.
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However, staff recommends approval of the insubstantial amendment
to the approved conditional use with the following conditions:
1. The ramp to the lower floor of the building must remain
accessible during all seasons and hours of operation.
2. This amendment to the 1993 conditional use approval does not
negate the conditions of approval that were placed upon the
conditional use that was granted by the Planning and Zoning
Commission November 16, 1993.
3. This insubstantial amendment shall enable a 360 square foot
expansion of the Hunter Street Pub into the adjacent commercial
space with 156 square feet of net leasable retail space.
ATTACHMENTS:
A. P &Z Resolution #93 -39
H. Applicant's Proposal
3
EXHIBIT A
( RESOLUTION OF THE ASPEN PLANNING AND ZONING COMMISSION FOR
CONDITIONAL USE APPROVAL OF A BAR /SANDWICH ADaUNCT TO THE SILVER
CITY GRILL LOCATED AT 308 SOUTH HUNTER STREET, ASPEN COLORADO
Resolution No. 93- -z q
WHEREAS, the applicants, Susan and David Goldberg, have
submitted an application to convert a beauty salon space into a
bar /restaurant space as an expansion of the existing Silver City
Grill restaurant located in the same building; and
WHEREAS, pursuant to Section 24 -5 -210 a restaurant is a
conditional use in the C -1 zone district requiring a public
hearing; and
WHEREAS, the Planning and Zoning Commission (herein after the
"Commission ") held a public meeting October 19, 1993; and
1
WHEREAS, the Commission found that the proposed conversion
would not enhance the mixture of uses in the immediate vicinity
primarily because of existing trash problems and potential delivery
problems; and
WHEREAS, the applicants relocated the trash dumpsters out of
the public alley and resubmitted their application for review; and
WHEREAS, the Commission held a public meeting on November 16,
1993; and
WHEREAS, the Planning staff recommended approval of the
revised application with conditions; and
WHEREAS, the Commission reviewed the conditional use and found
the proposal consistent with the goals of the City of Aspen to
encourage local oriented business; and
WHEREAS, the Commission amended the conditions of approval to
C reflect that the approval was for an expansion of the existing
restaurant.
NOW, THEREFORE BE IT RESOLVED by the Commission that it does
hereby approve the conditional use for the conversion of the L.A.
Salon to a restaurant as an expansion of the Silver City Grill
located at 308 South Hunter Street with the following conditions:
1. The Environmental Health Department shall review food
preparation plans and shall inspect the site prior to the issuance
of a Certificate of Occupancy.
2. Prior to the issuance of any building permits the trash
dumpsters and grease containers shall be covered and enclosed as
recommended by BFI and maintained on the property of 308 South
Hunter.
3. All representations made in the application and at the public
hearing shall be followed.
4. Any increase in the size of the restaurant or any additional
installation of cooking equipment, including venting shall require
C a substantial amendment to this conditional use to be reviewed by
the Commission.
5. This conditional use represents an expansion of an additional
600 gross square feet for Silver City Grill only Any change in
use, change in ownership, and /or change in tenancy for the
additional space shall require a substantial conditional use review
by the Planning and Zoning Commission.
6. A dumbwaiter or similar facility is not required in the
additional space at this time because this is an expansion of the
Silver City Grill operation.
APPROVED by the Commission at its regular meeting on November
16, 1993.
Attest:
Jan ey, Deputy rty Clerk
Date Signed a�
Plann oni Commission:
Bruce Kerr, Chairman
Date Signed
EXHIBIT B
J�uuter btreet Vub
308 S. Hunter Street
Aspen, Colorado
(970)926 -6698
TO: Leslie Lamont
Planning & Zoning
DATE: September 21, 1995
RE: Expansion of Hunter Street Pub
308 S. Hunter Street, Aspen
The space formally known as the Pamela Kane Gallery has become available. The Hunter
St. Pub's viability as a local orientated business would be greatly enhanced with the
acquisition of this 360 square foot space.
We need the additional space for several reasons beginning with our desire to replace the
bottle beer concept with a draft beer system. The draft beer system will require an interior
refrigerated space of approximately 140 square feet (see proposed floorplan).
We also propose to sell beer paraphernalia, such as, specialty beer T- shirts, sweatshirts,
hats, mugs & posters. We will need display and storage space for these items.
The original building design had intended the use of the "gallery" and pub space as one.
There is only one electrical meter and electrical panel box for both businesses.
The following statements address the previous P & Z concerns regarding impact from
conditional use businesses.
1. DELIVERIES.
Selling primarily draft beer will reduce deliveries.
We will be able to reduce deliveries from three times a week to one time per week. Draft
beer can be delivered in greater quantities, taking longer to consume. A proposed
refrigerated storage area also reduces the need for increased deliveries.
T- shirts, etc. will be ordered every 2 months.
2. TRASH.
Draft beer is completely recyclable.
Kegs are delivered and kegs are returned to be refilled. We will reduce the trash to almost
zero by converting our business from bottled beers to primarily keg beers.
We will eliminate the cardboard cartons used to transport bottled beers.
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page 2
3. EMPLOYEES.
There will be NO additional employees,
We were allocated 3 full time employees for the Pub in 1993. We operate the Pub with
only ONE (1) FTE. The Kane Gallery operated its business with 1.5 FTE. We propose to
operate a retail/storage end of the business with .5 FTE.
Employees are reduced by working partners. There will always be an owner - operator
working during business hours.
David and Susan Goldberg are to remain owners with the addition of partners, Ty Storlie
(a current Pub bartender) and Brian McShane. This is an opportunity for more locals to
own a business in Aspen.
The additional gallery space of 360 square feet is divided as follows:
Retail Storage Space - 64 square feet
Refrigerated Storage Space - 140 square feet
With a total of 204 square feet of storage space this leaves 156 square feet for retail
displays, working space and customer purchasing area. Please see attached drawing.
4. AREA IMPACT/PARKING.
Business hours do not change.
5. LOCAL BUSINESS.
Prices will continue to be affordable.
Specialty draft beer can be sold as a less expensive product than bottled beer.
The business will continue to be open year round as a neighborhood pub.
T- shirts, etc. will be purchased from other local businesses.
6. CHANGES.
We agree to come before the board for any future changes in use or ownership.
This letter is a courtesy to the P & Z as to the intent of our expansion. We feel that the
board's previous approval for change in conditional use as the Pub allows such an
expansion. Furthermore, the addition of retail space to our business is already an
approved use.
Thank you for your timTZ
4nsideration.
Susan Goldberg �.
Dav id Goldberg
Ty Storlie
Brian McShane
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PZM11.16.93
Tim,yes, David,yes, Sara, yes, Roger, yes, Jasmine, yes, Bruce,yes.
Bruce: I want to compliment the applicant on the fact that we
don't have this room full of the public. It is nice to have the
public here. But I can recall some of these other meetings where
it has been a storm in here and I think that means that you have
done a good job with the neighbors and have resolved many of their
concerns so that they are not here screaming and hollering about
this AH project across the street or down the block from them.
So Tom and Jim and Harry - -all of you -- congratulations on apparently
overcoming the public objections to this project.
SILVER CITY GRILL
CONDITIONAL USE REVIEW
Leslie made presentation as attached in record.
Rick Neiley, Attorney for applicant: Presented affidavit of public
notice. (attached in record)
Neiley made presentation as attached in record. He then read into
the record letters from B. Lee Schumacher, frequent customer,
Fetzer's, an adjacent business, Carol Ann Jacobson Reality, close
business neighbor, Mark Friedland, local business neighbor, Brad
Walters of Red Hat Produce, food delivery to Silver City Grill and
Westman Food Service, delivery service to Silver City Grill. All
of the letters being in support of the expansion of the Silver City
Grill. (attached in record)
Bruce: Do you have a problem with the 4 conditions listed in the
Planning staff memo?
Neiley: No, not at all.
Jasmine: You refer to this as an expansion. Yet this is a
conditional use approval for a restaurant. Why couldn't they have
just applied for an expansion of a conditional use?
Leslie: It is not directly connected to the Silver City Grill.
I wanted this to be all encompassing in case their addition doesn't
fly and another restaurant were to go in we have a space there that
we have reviewed for it's impacts and it's use.
Jasmine: So it doesn't really matter whether this is an expansion
of the Silver City Grill or another completely different operation.
Is that what you are saying?
Leslie: Right. Except for this is only 300 square feet and if
somebody wanted to come in and take over that space and then expand
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that space so we have a full restaurant there that is one of the
reasons for a condition ? that any increase in the size of this
space - -any change in the size of the restaurant then that is a
substantial change in use and needs to come forward to us.
PZM11.16.93
Jasmine: What you are saying is that it doesn't matter whether
this is the Silver City Grill or not. What we are doing in this
conditional use, although the applicants own the Silver City Grill,
we are basically approving a restaurant or not approving.
Bruce: A non - cooking restaurant.
Leslie: At the pre - application conference with everybody they were
arguing with me that this is only a waiting area for people to hang
out when they can't sit everybody in the restaurant. And for
mitigation purposes, especially employee housing, Tom Baker looked
at this as a separate entity. And we had to review it as if it
were a restaurant.
Roger: I was looking at this as an expansion of a conditional use.
And that means that there is still only 2 restaurants in this
building. That, to me, is significant. And I really wish this had
come as - -I don't mind reviewing it for the purposes of employee
generation and things like that as a separate operation. But, to
C me, it is significant that this is an approval of a 3rd restaurant
in this building. I can't support a 3rd restaurant in this
building where I can support an expansion of an existing
restaurant.
Leslie: Seeing that this is a conditional use which requires a
very specific review I do not see a reason why you could not
include that this is only reviewed as an expansion of Silver City
Grill. And if Silver City Grill goes away then this goes away.
Roger: Or it can't be spun off as a 3rd restaurant operation in
this building.
Bruce: Does the applicant have a problem with an additional
condition reflecting Roger's concern?
Neiley: We really thought that the condition which limited the
ability to effectively put in a full kitchen addressed that. And
we do have some concern about the success of it. We don't want to
be in a position where we can't utilize that space for something
else or sell it to somebody else if it is not successful. We
really looked at the conditions that were proposed which limits the
expansion as saying basically a cold kitchen in here - -no oven, no
grill, no hood as limiting the ability to operate that as a
separate full -blown restaurant.
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PZM11.16.93
Bruce opened the public hearing for comment.
Pat McAlister, attorney for Garfield & Hecht: I support this
application. I don't see that it will have any negative effect on
my practice nor on the adjacent zoning district. I have known Dave
and Susie for several years and am a regular customer in the
restaurant and have always known it to be a first class operation.
I think this represents a good opportunity for the Planning &
Zoning Commission to actively support small local business.
Lisa Miller: My question is the hours of operation They said
there is no cooking Is it a full restaurant And
secondly_trying making it with the space currently that they
have. I am not sure how much more overhead. I am not sure
how it works out. (She mumbled a lot!)
Michael McCue: I am chairman of the Restaurant Association, the
Roaring Fork Chapter. And Dave has been associated for a number
of years. He is on the Board of the Restaurant Association. As
a former president and now as chairman I have had a lot of
experience with him in that situation. And one of our concerns
with the Restaurant Association and with CCLC working closely with
Bill Dinsmoor who is the present president to really address the
concerns that we as an industry have as well as the City has about
i trash and about trash maintenance. And Dave along with the rest
of the Board has worked diligently to try to aid that process to
improve the conditions of the alleys and as far as deliveries and
to other issues he has come up with. So I know that David is very
aware of those issues and know that he has worked diligently with
us through the Association to address those issues.
Quite honestly on a different tag I feel that he also represents
small business. The more traditional concept of what the
restaurateur in Aspen was and hopefully will continue to be in that
they have created an opportunity for themselves and provide the
service to the community. Right now I see their needs in the new
space as being that they will be able to provide their customers
an opportunity to sit in a warm, comfortable condition while
waiting to be seated upstairs. Also to have a more casual
opportunity to dine in that new space as opposed to having to sit
down to a full dinner upstairs.
I think that the restroom facilities within the building the way
they function now are extremely dangerous. People have to
literally go into an alley in order to go to the bathroom
facilities that exist for them now. They will have an opportunity
to expand those facilities and provide their customers with a
cleaner and a more comfortable situation. These are serious
concerns.
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PZM11.16.93
Those are reasons enough to give this serious consideration. I
would hope you will be in favor of this application.
Casey Kaufman: I own Takah Sushi Restaurant and I feel a lot of
empathy for David and Susie because I also try and make a small and
very awkward space work. In a community where you work a lot of
hours and off seasons and on seasons it becomes increasingly
difficult and even threatening when you hear about all of the
different people with very deep pockets that are moving into town.
I just must say that I would urge you to approve this application
and I join in the feeling that it shows support for some local
people - -a small business that mostly serves local people and I must
add that it seems like there are so many situations so similar in
town that have been made to work that it seems rather arbitrary to
say that David and Susan can't do their thing.
Marty Draper: I am a contractor and have been remodeling that
building of and on for the last 6 or so years. I know that David
has improved that building almost 100 %. I remember when was
in there and Dudley's was like - -the trash was terrible when they
were in there. Since David and Susan have taken over the building
it is the best I have ever seen the building. It is cleaner. It
is better maintained better taken care of. I highly recommend you
approve this application.
There was no further public comment and Bruce closed the public
portion of the hearing.
COMMISSIONER COMMENTS
Roger: I see a further reason for tying this off as an expansion
to the existing Silver City Grill. That is the restroom facilities
in this new area. Actually it improves the conditions of the
previous conditional use of the Silver City Grill. To me that by
itself -- putting these 2 together it would be impossible to separate
them in the future by spinning this off as a restaurant separate
from the Silver City Grill. This has to be an expansion of the
conditional use as opposed to a conditional use review for a new
restaurant.
Sara: I voted for this application the last time. And I want to
re- iterate that the purpose of the C -1 Zone District is to provide
for the establishment of commercial uses which are not oriented
towards serving the tourist population. I want to support what has
been said during the public hearing.
It also should minimize adverse effects and I congratulate you.
I have been watching that alley in the last month and walking home
that way and it is a different alley.
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PZM11.16.93
This should have been presented as an expansion of a conditional
use. Philosophically for me it is hard to think of a third
restaurant in that building. It is not difficult at all to think
of it as an extension. So I support this application again as an
expansion of a conditional use and not a new restaurant.
Tim: I voted against this the last time. We never really try to
attack a local status or disrupt the intent of a local attitude of
having a small restaurant. And we by no means felt that the
restaurant was ill run or that it wasn't providing a nitch in the
community. And we by no means discussed anything that was along
the lines of your presentation. We are in favor of this
restaurant. We are in favor of a conditional use like this in this
building. So your whole presentation basically to me was mute.
The things that really are at the essence here are basically what
Roger is talking about and it's being not a whole new restaurant
and that is the way it was presented.
The other thing that turned my opinion around that time was not who
or what they are selling or where they live or how long they have
been here or how many people like them in the community. It is
that the accumulative impact of now having instead of Silver City
Grill which to me is a sandwich place, now it is putting it's
sandwich place in that could compete with them. And if it is a
/ holding pen for Silver City Grill and Bahn Thai then that in itself
l becomes a bigger restaurant. The impacts become bigger. The trash
becomes bigger. The toilets are used more. The noise, the traffic
of the conditional use becomes accumulatively much more. And so
to put that into a space that is really not zoned for it where you
say if you had to go across the street where you have the free
right to do that, well that's where Little Annie's is as a full
blown restaurant. And we have spaces like that in town and we have
needs for those kinds of restaurants in town.
If you keep stretching what started out as a good idea into a
little space here which then competes with this good idea and
impacts this conditional use is where I was at when I voted against
this. And to say you have cleaned up the alley or you brought in
people who eat there doesn't change what it does to that building.
It doesn't change what it does to the noise, to the parking and to
the smells, to the traffic for that building.
Your presentation didn't address any of what is going to happen in
the future when you have not only one bigger restaurant there that
now has a bar with a waiting area and Bahn Thai being off of it and
Silver City Grill serving more dinners. But a third restaurant
that basically can stay with that space, can then impact that space
separately as having 3 restaurants in there. I am all for the
Silver City Grill. I am all for local businesses. I am all for
the community plan. But to stretch a conditional use space like
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PZM11.16.93
this you still haven't told me how it is going to be comfortable
for what I see happening there.
I am across the street at Mason and Morse and I go there and I like
the food. But the cumulative activity of where they are going to
make it a different kind of restaurant to make it a full scale
restaurant that competes with other full scale restaurants that are
in the zone, that do have all the mitigation, that do have what a
restaurant really needs to operate, I can't see how it can compete.
And I can't see how it is a good idea for that space.
David: Is this primarily a waiting room or is it primarily a bar
or a restaurant?
Neiley: The concept originally arose to create a space
particularly for winter time use where the patrons who were coming
to the restaurant and finding it full and parting, could wait. In
conjunction with that expansion we were going to move the bar down
there and create some seating which is effectively what is going
on down here. We need the ability to serve food or we can't serve
liquor. And to put things in a little perspective, how this sort
of came to be a separate application is in addition to what Leslie
mentioned about employee impact is the City Clerk's office said
"You have got to get a separate liquor license because we consider
it a separate premises. So when we went to look for a conditional
review we just sort of looked at it as separate premises.
This is really is an expansion and is intended to be an expansion.
It is intended not to compete but to complement. And as you can
see it is relatively small. So whether or not a space like this
could survive as a separate restaurant on it's own I don't know.
It probably could. That is not the intention here. The intention
is to really expand an existing operation in somewhat of an awkward
location simply because there isn't any other place to do it.
It does offer us the advantage of the ability to create 2 new
restrooms which are inside and within the courtyard. And it is
close enough so that people will wait there to come to the main
restaurant to eat. The intention is to use it as an annex to the
Silver City Grill.
Bruce: Can we add a condition referencing the representations and
promises made by the applicant?
David: I hear you saying it is a separate restaurant by definition
of the liquor licensing board. It is a catch 22. It is really a
separate entity. Conceivably it could be spun off. I hear other
members of the Board talking as if it would be tied to the
conditional use or be an expansion of the existing conditional use.
And that would be acceptable.
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l Is it a waiting room? Because if it is a waiting room it is a
whole different life- safety category and I can't do that because
of the considerations that go with that.
Neiley: It is not a waiting room in the sense that that is all it
is. It is an area in which full dinners aren't going to be served.
And in that sense it's an area where people can wait until there
are tables available in the main restaurant. And hopefully it will
get a good lunch business doing cold sandwiches out of there which
we really don't do out of the existing location.
David: So it would be fair to call it a waiting bar /restaurant.
Goldberg: We are not talking about that many people waiting for
dinner. We are talking maybe 15 people a night. So I don't think
we could make it work if it was just that.
David: I am thinking what the exiting requirements are and whether
that is going to work technically within the space out the back
door to get your second exit.
Neiley: I did have a talk with Bill Drueding about that and he
looked at it and said he didn't identify any problems such as
those. I described it more as a part of the restaurant and simply
a waiting area which is clearly what the Goldbergs want to do
there. They will be serving sandwiches and beer.
Roger: We need to deal with the dumb waiter and delivery. By
tying it to the Silver City Grill and if primarily the deliveries
are to the Silver City Grill and this is just an adjunct of that
operation I have less of a problem of waiving the dumbwaiter or a
delivery method into this space.
Sara: There is that terrific ramp.
Leslie: And it is right next to the alley.
Jasmine: I think Roger's point is if this is one operation rather
than 2 that makes a big difference. I am willing to go along with
not requiring the dumbwaiter if this is going to be one operation.
MOTION
Roger: I move to approve the conditional use for the expansion of
the Silver City Grill operation into a location that replaces
Elli's Salon at 308 South Hunter Street with the conditions #1
through #4 as stated on Planning office memo dated November 16,
1993 and the addition of condition #5
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Leslie: This conditional use represents an expansion of 600
additional gross square feet for Silver City Grill only. Any
change in use, change in ownership and /or change in tenency of the
additional space shall require a Substantial Conditional Use Review
by the Planning & Zoning Commission.
Roger: And add condition #6 addressing the dumbwaiter aspect that
the dumbwaiter or similar facility is not required in this expanded
space at this time because it is an expansion of the Silver City
Grill operation.
Jasmine seconded the motion.
Roll call vote:
Tim,yes, David,yes, Sara, yes, Roger, yes, Jasmine, yes, Bruce,yes.
GALENA PLAZA CC ZONE DISTRICT COMMERCIAL GMOS
Kim made presentation as attached in record.
I recommend item #7 is a housing mitigation requirement that is not
technically part of this special review approval and motion and is
C actually covered in the final recommended motion. So I recommend
delete #7.
Sunny made presentation as attached in record.
Bruce opened the public hearing for comment. There was none and
he closed the public portion of the hearing.
MOTION
Roger: I move to approve the Galena Plaza Special Reviews for
reduction of 11 parking spaces and approximately 500 square feet
of open space and an FAR bonus of 1.6 to 1 with the conditions #1
through #6 on Planning Office memo dated November 16, 1993.
Jasmine seconded the motion.
Roll call vote:
Tim,yes, David,yes, Sara, yes, Roger, yes, Jasmine, yes, Bruce,yes.
MOTION
Roger: I move to score the Galena Plaza Growth Management project
at 27 and 1/2 points as recommended by the Planning Office finding
that the required thresholds have been met for growth management
19
z
EXHIBIT A
C RESOLUTION OF THE ASPEN PLANNING AND ZONING COMMISSION FOR
CONDITIONAL USE APPROVAL OF A BAR /SANDWICH ADJUNCT TO THE SILVER
CITY GRILL LOCATED AT 308 SOUTH HUNTER STREET, ASPEN COLORADO
Resolution No. 93-
WHEREAS, the applicants, Susan and David Goldberg, have
submitted an application to convert a beauty salon space into a
bar /restaurant space as an expansion of the existing Silver City
Grill restaurant located in the same building; and
WHEREAS, pursuant to Section 24 -5 -210 a restaurant is a
conditional use in the C -1 zone district requiring a public
hearing; and
WHEREAS, the Planning and Zoning Commission (herein after the
"Commission ") held a public meeting October 19, 1993; and
WHEREAS, the Commission found that the proposed conversion
would not enhance the mixture of uses in the immediate vicinity
primarily because of existing trash problems and potential delivery
problems; and
WHEREAS, the applicants relocated the trash dumpsters out of
the public alley and resubmitted their application for review; and
WHEREAS, the Commission held a public,meeting on November 16,
1993; and
WHEREAS, the Planning staff recommended approval of the
revised application with conditions; and
WHEREAS, the Commission reviewed the conditional use and found
the proposal consistent with the goals of the City of Aspen to
encourage local oriented business; and
WHEREAS, the Commission amended the conditions of approval to
reflect that the approval was for an expansion of the existing
restaurant.
NOW, THEREFORE BE IT RESOLVED by the Commission that it does
hereby approve the conditional use for the conversion of the L.A.
Salon to a restaurant as an expansion of the Silver City Grill
located at 308 South Hunter Street with the following conditions:
1. The Environmental Health Department shall review food
preparation plans and shall inspect the site prior to the issuance
of a Certificate of Occupancy.
2. Prior to the issuance of any building permits the trash
dumpsters and grease containers shall be covered and enclosed as
recommended by BFI and maintained on the property of 308 South
Hunter.
3. All representations made in the application and at the public
hearing shall be followed.
4. Any increase in the size of the restaurant or any additional
installation of cooking equipment, including venting shall require
a substantial amendment to this conditional use to be reviewed by
l the Commission.
5. This conditional use represents an expansion of an additional
600 gross square feet for Silver City Grill only Any change in
use, change in ownership, and /or change in tenancy for the
additional space shall require a substantial conditional use review
by the Planning and Zoning Commission.
6. A dumbwaiter or similar facility is not required in the
additional space at this time because this is an expansion of the
Silver City Grill operation.
APPROVED by the Commission at its regular meeting on November
16, 1993.
Attest Plann in / �d�oni Commission:
Jan ey, Deputy �y Clerk Bruce Kerr, Chairman
Date Signed Date Signed � � T
I���(�3Z!I:Llilli
TO: Aspen Planning and Zoning Commission
FROM: Leslie Lamont, Senior Planner
RE: Goldberg /Silver City Grill - Conditional Use Review
DATE: November 16, 1993
SUMMARY: The applicants have requested a conditional use review
to create a bar /sandwich establishment as an adjunct to the Silver
City Grill. A restaurant is a conditional use in the C -1 zone
district. Staff recommends approval of the conditional use with
conditions.
The Commission denied this application at the October 19, 1993
meeting. Some Commission members where very specific regarding
existing problems that should be alleviated before consideration
of another restaurant in this building. Please refer to the
minutes of that meeting that have been provided in your packets.
The Goldbergs have attempted to address the Commission's concerns
and have resubmitted their proposal for review.
APPLICANT: Susan and David Goldberg as represented by Rick Neiley
LOCATION: 308 South Hunter Street, Aspen
ZONING: Commercial, C -1
APPLICANT'S REQUEST: Conditional use approval for a restaurant in
the C -1 zone district.
REFERRAL COMMENTS: Due to the amended proposal the Engineering
Department will present updated referral comments to the Commission
at the meeting. All other referral comments are still relevant.
Please see attached referral comments from the Engineering,
Environmental Health Departments and the Housing Office, Exhibit
A.
STAFF COMMENTS:
Proposal - The Goldbergs own the Silver City Grill and seek to
provide additional space especially for patrons waiting to eat at
the Silver City Grill. Initially, they explored expanding into the
retail space next door. The Goldbergs now have the opportunity to
take over the L.A. Salon space, a full service beauty salon, on the
lower level which is approximately 600 gross square feet (which
includes the storage /delivery area). They propose to remodel the
space into a lunch, snack and late night food service and bar
operation. A full kitchen with oven will not be installed.
The Goldbergs have submitted an
attached application Exhibit B.
is a revised plan for the space.
e1
�.J
amended application, please see
Included in the new application
Conditional Use Review - Pursuant to Section 7 -304 the criteria for
a conditional use review are as follows:
A. The conditional use is consistent with the purposes, goals,
objectives and standards of the Aspen Area Comprehensive Plan,
and with the intent of the Zone District in which it is
proposed to be located; and
RESPONSE: The recently adopted Aspen Area Community Plan (AACP)
recommends guidelines for locally serving commercial businesses to
encourage and preserve local serving businesses: developments
which include locally oriented businesses should be encouraged via
a menu of options; and incentives for strategic growth by locally
serving commercial and office uses and small lodges should be
provided.
The purpose of the C -1 zone district is to provide for the
establishment of commerical uses which are not primarily oriented
toward serving the tourist population.
The Silver City Grill hopes to provide an "annex" for a waiting
area and additional sandwich and bar area. The Grill have become
a popular local eatery. They are open year round, often include
local coupons in the paper and have kept their prices low. The
development of the small sandwich shop /bar "annex" to the Silver
City Grill will help the Grill provide better customer service
without having to locate to a larger, perhaps more expensive,
commercial space or go out of business.
B. The conditional use is consistent and compatible with the
character of the immediate vicinity of the parcel proposed for
development and surrounding land uses, or enhances the mixture
of complimentary uses and activities in the immediate vicinity
of the parcel proposed for development; and
RESPONSE: The building is surrounded by a variety of commerical
uses. Garfield and Hecht is to the north and the Wienerstube to
the northeast across a parking lot. To the south are several
retail establishments and Mezzaluna restaurant. Boogies is to the
southwest of this building. Although residential is an allowed use
in the C -1 zone district the only residential in the near vicinity
are the condominiums across the alley from the Wienerstube
restaurant.
C. The location, size, design and operating characteristics of
the proposed conditional use minimizes adverse effects,
including visual impacts, impacts on pedestrian and vehicular
circulation, parking, trash, service delivery, noise,
2
vibrations and odor on surrounding properties; and
RESPONSE: Restrooms, which are not available in the Silver City
Grill, are provided for in this new space (2). Direct access to
the rear of the building and alley also exist in the new space
which is necessary for trash and service and delivery purposes.
Either a dumb waiter or roll -bar delivery system can be installed
in the rear corridor. However, food delivery, which will be
coordinated with the Silver City Grill, is made on the ramps at the
front of the building. According to the applicant, they will
comply with the Code if recommended but delivery personnel complain
that a dumb waiter is time consuming to load and unload and they
would rather use the ramps in front. The ramps are currently used
for Bahn Thai and the Grill.
According to the Environmental Health Department, there are no
impacts on air or water quality. The project meets the
requirements for sewage disposal and there are adequate provisions
for water needs.
Trash dumpsters that service the building have been relocated to
the rear of the building onto the private property out of the
public right -of -way. BFI does not recommend a full enclosure but
rather a cover to shield the dumpsters from rain and snow. But the
grease buckets will be kept enclosed. The applicant will provide
sketches for the Commission's review of the cover and grease
enclosures out of the right -of -way.
D. There are adequate public facilities and services to serve the
conditional use including but not limited to roads, potable
water, sewer, solid waste, parks, police, fire protection,
emergency medical services, hospital and medical services,
drainage systems, and schools; and
RESPONSE: The public facilities are adequate to serve this new
restaurant in the building.
E. The applicant commits to supply affordable housing to meet the
incremental need for increased employees generated by the
conditional use; and
RESPONSE: The conditional use review process enables staff to
assess employee generation impacts. Typically, the incremental
increase in employees from the existing to the proposed uses shall
be mitigated. Review of the proposal by the Housing Office
indicates that the L.A. Salon use generated 3 -5 employees, which
is in excess of the highest requirement of the land use code for
the C -1 zone. Employee generation for a restaurant is also based
upon the highest requirement of the code. The Housing Office finds
that there is no increase in employees generated by the conversion
of the beauty salon to the restaurant.
F. The proposed conditional use complies with all additional
standards imposed on it by the Aspen Area Comprehensive Plan
and by all other applicable requirements of this chapter.
RESPONSE: The proposed conditional use will comply with the other
regulations of this chapter. As stated above, if the Commission
requires a dumbwaiter or roll bar system on the rear stairs the
applicant will install these features. Deliveries will continue
to be coordinated with the Grill. Trash and grease containers will
be maintained out of the public right -of -way.
RECOMMENDATION: Staff recommends approval of the conditional use
for a restaurant replacing the L.A. Salon at 308 South Hunter
Street with the following conditions:
1. The Environmental Health Department shall review food
preparation plans and shall inspect the site prior to the issuance
of a Certificate of Occupancy.
2. Prior to the issuance of any building permits the trash
dumpsters and grease containers shall be covered and enclosed as
recommended by BFI and maintained on the property of 308 South
Hunter.
3. All representations made in the application and at the public
hearing shall be followed.
4. Any increase in the size of the restaurant or any additional
installation of cooking equipment, including venting shall require
a substantial amendment to this conditional use to be reviewed by
the Commission.
5. This conditional use represents an expansion of an additional
600 gross square feet for Silver City Grill only Any change in
use, change in ownership, and /or change in tenancy for the
additional space shall require a substantial conditional use review
by the Planning and Zoning Commission.
6. A dumbwaiter or similar facility is not required in the
additional space at this time because this is an expansion of the
Silver City Grill operation.
RECOMMENDED NOTION: "I move to approve the conditional use for the
replacement of L.A. Salon with a restaurant at 308 South Hunter
Street with the conditions recommended in the Planning Office memo
dated 11/16/93."
EXHIBITS:
A. Referral Comments
B. Amended Application
PLANNIyn & ZONING COMMISSIONh
EXHIBIT , APPROVED
19 BY RESOLUTION
MEMORANDUM
TO: Leslie Lamont, Senior Plan er
FROM: Tom Baker, Housing Office
DATE: September 28, 1993
RE: Employee Generation: LA Salon/ Silver City Grill
SUMMARY: It is the Housing Office's opinion that their is no
incremental increase in employee generation between the LA Salon
use and the Silver City Grill use. It is staff's finding that the
LA Salon use generated 3 -5 employees. This employee generation is
in excess of the highest requirement of the Land Use Code for the
C -1 Zone. Therefore, there can be no increase in employee
generation for mitigation purposes.
1
N
MEMORANDUM
To: Leslie Lamont, Planning Office
From: Chuck Roth, City Engineer �
Date: October 7, 1993
Re: Goldberg Conditional Use Review for a Restaurant
Having reviewed the above referenced application, and having made a site inspection, the
Engineering Department has the following comments:
1. Trash - The dumpsters are currently located in the alley. There appears to be more
than adequate space on the applicant's property for trash storage. Any conditions of
approval should include the requirement that all trash be stored on the applicant's
property, out of the alley public right -of -way.
2. There are sufficient utilities to serve the project, and the Engineering Department does
not see any adverse impacts from the proposal.
cc: Bob Gish, Public Works Director
�1'.I,s
M
MESSAGE DISPLAY
TO Leslie Lamont
From: Chuck Roth
Postmark: Oct 13,93 1:14 PM
Status: Previously read
Subject: Goldberg Conditional Use for Restaurant
------------------------------------------------------------------------------
Message:
I would like to add some clarifying language to the condition of
approval. The matter of the dumpsters being in the alley will be
directly tied to the land use approval, and replacing the dumpsters
in the alley will be enforcable through any land use approval
enforcement process, not through any other section of the Code
relating to dumpsters in general because there are so many dumpsters
in alleys that those sections of the code are not enforcable or
applicable to this conditional use approval.
n
C 0
To: Leslie Lamont, Planning Office
From: Chris Chiola, Environmental Health Department( !1
Date: October 2, 1993
Re: Goldberg Conditional Use Review
The Aspen /Pitkin Environmental Health Department has reviewed the above - mentioned land use
submittal under authority of the Pitkin County Code Title ll, and has the following comments.
SEWAGE TREATMENT AND COLLECTION: Sections 2 -7 and 5 -200:
The project meets requirements for the disposal of sewage by using existing facilities.
ADEQUATE PROVISIONS FOR WATER NEEDS: Sections 2 -6 and 5 -205:
This project also meets these requirements by using existing facilities.
WATER QUALITY IMPACTS: Sections 2 -22 and 5- 107.2:
There are no concerns of this Department under water quality impact issues.
AIR QUALITY: Sections 2 -17 and 5 -106:
The project will have no impacts on air quality. The application states that no grills or ovens will be
installed. This eliminates possible air quality impacts.
CONFORMANCE WITH OTHER ENVIRONMENTAL HEALTH LAWS: Section 2 -2
To comply with requirements of this Department, the applicant must undergo the plan review process.
This process requires the submission of plans in regards to the preparation of food and equipment and
facilities involved as well as the fees associated with such a review. The plan review must be
completed with a walk through inspection, conducted by Department staff, prior to beginning operation.
This approval from the Environmental Health Department does not delay this review but is a future
condition to be met before opening.
El
EXHIBIT B
Richard Y. Neiley, Jr., P.C.
Eugene M. Alder, P.C.
NEILEY & ALDER
ATTORNEYS
201 North Mill Street, Suite 102
Aspen, Colorado 81611
(303) 925.9393
FAX Number
(303) 925.9396
November 10, 1993
Leslie Lamont
Aspen /Pitkin County Planning Office
130 South Galena Street
Aspen, Colorado 81611
Re: DSG Restaurants, Inc. Application for Conditional
Use Review
Dear Leslie:
As we have discussed, my clients David and Susan Goldberg
and DSG Restaurants, Inc. have requested reconsideration of their
Conditional Use Review Application at the November 16, 1993 Plan-
ning & Zoning Commission meeting. Thank you for scheduling us for
this meeting. I want to address several items raised at the
October 19, 1993 public meeting at which I was unfortunately not
present. Please consider this letter a supplement to our Con-
ditional Use Review Application dated September 27, 1993.
There seems to be genuine concern regarding the impacts
of restaurant expansion in the 308 South Hunter Street building.
While we appreciate these concerns, we do not believe that any
impacts resulting from this modest restaurant expansion exist which
cannot be adequately mitigated. The Goldbergs' Silver City Grill
on the upper level the building has become a popular, local
oriented restaurant operation. We have never received any
complaints from the City, the Health Department, our landlord,
neighbors in the building or any members of the public with respect
to this restaurant.
Reconficrured Premises Submitted herewith is a recon-
figured floor plan for the proposed restaurant operation. The
total square footage of the space is approximately 600 square feet.
The floor plan will result in net leasable space per the City's
definitions of only approximately 372 square feet. Projected
seating is for approximately 19 customers. We anticipate the need
for only 2 to 3 employees. This expansion of restaurant space in
the building is minimal.
11
Letter to Ms. Lamont
November 10, 1993
Page 2
Trash Removal Until submission of the Conditional Use
Review Application, the Goldbergs were never notified of any
problems regarding the location of the dumpster or grease disposal
containers in the alley. once this issue was raised, all disposal
facilities were relocated to the parking area behind the building.
We have made inquiry the ability to completely enclose the waste
containers. We have been advised that complete enclosure is not
desirable but that creating a covered trash structure is. The
Goldbergs will commit to the construction of a covered structure
for the location of all waste containers within the building's
parking area. The Goldbergs do not project the need for any
additional trash facilities beyond those already in place.
Miscellaneous Restaurant Review Criteria Because of the
small size of the proposed restaurant and the fact that a full
kitchen is not being installed, impacts with respect to traffic
generation, odors, noise, service delivery and other conditional
use concerns are minimal or non - existent. The use compliments
other uses in the building and is supported by other tenants in the
building, as will be demonstrated at the public hearing. The
surrounding area is a mixture of offices, retail shops, commercial
businesses and restaurants, as well as residential. The addition
of a small sandwich shop type restaurant is compatible with those
uses.
Aspen Area Community Plan The Aspen Area Community
Plan, in the Commercial /Retail Action Plan Section, provides the
following:
Intent: to provide incentives for
managed strategic growth by locally
serving commercial and office uses
and small lodges.
Policies: developments which
include locally oriented businesses
should be encouraged via a menu of
options.
Action Plan:
3. Explore FAR bonuses for restric-
tions for locally serving uses.
4. Explore buy down of commercial
space for locally oriented uses and
deed restricted local space.
ID
i
Letter to Ms. Lamont
November 10, 1993
Page 3
5. Revise the Neighborhood Commer-
cial and Service /Commercial /Indus-
trial Development permitted and
conditional use lists to insure only
locally serving uses are permitted
within those zone districts.
The significant thrust of the Community Plan relates to
the preservation and fostering of local business. This is pre-
cisely the objective of the applicants. The Goldbergs live in the
Aspen area and are owner /operators of the Silver City Grill. They
intend to be directly involved in the day -to -day operations of the
proposed restaurant. They use their business to promote community
causes such as Mountain Rescue, through donations of food, partici-
pation in fund - raisers and operation of food concession at the
Aspen Air Show with all proceeds benefitting Mountain Rescue.
Displacement of Other Tenants At the October 19, 1993
public meeting, Lisa Miller, formerly of the LA Salon, objected to
the proposed conditional use, because she was interested in leasing
the subject premises. The restaurant expansion is supported by the
building owner, Gerry Long, who has advised the Goldbergs that the
Salon is no longer interested in the space. It is not the Gold -
bergs' intention to displace any other tenant in the building.
Their interest in the space arose only after they were advised that
the LA Salon was relocating. After the Conditional Use Application
was filed, one of the partners in the LA Salon decided she did not
wish to relocate because of circumstances completely unrelated to
the Goldbergs. That decision has now, apparently, changed again.
Compliance with Definition of Restaurant Some concern
has been raised regarding the applicants' ability to comply with
the definition of restaurant contained in the Municipal Code. That
definition requires restaurants which are located off ground level
to have use of an elevator or dumb waiter for service access.
Although the proposed space is served by back stairs and a ramp,
both of which have immediate access off of an alley, neither an
elevator nor dumb waiter is available. However, because the
purpose of this definition is to facilitate the delivery of
supplies, the premises should be considered to comply. A ramp upon
which hand trucks can easily be moved is in fact more convenient
and is less labor intensive than the use of a dumb waiter which
requires loading and unloading at 2 levels. As will be demon-
strated at the public hearing, none of the applicants' suppliers
objects to the use of either the stairs or the ramp. Furthermore,
applicants can install a roller system down the back steps which
will function substantially the same as a dumb waiter.
Letter to Ms. Lamont
November 10, 1993
Page 4
As a matter of fairness, it is pertinent to note that
very few other restaurants in the Aspen area that are not on the
street level have either elevators or dumb waiters. The definition
in question was adopted in 1988, and the City's enforcement of this
definition apparently only applies to buildings in which new
restaurants are established after 1988. Even a brief review of
existing restaurants, and of restaurants currently being con-
structed, reveals the lack of required facilities for the following
establishments: Planet Hollywood (currently under construction);
Anguilla (currently being remodeled); The R Bar (recently opened in
a space not formerly occupied by a restaurant); Eric's (recently
opened in a space not formerly occupied by a restaurant); Pizza Hut
(formerly Mama Maria's and being completely reconfigured and
remodeled); Benjamin's Deli (currently being completely remodeled;
Bahn Thai; The Charcuterie; Milans; Su Casa; Loretta's; Takah
Sushi; Carnavale; The Chart House; The Steak Pit; Flying Dog Brew
Pub; the Golden Horn; and many others.
In conclusion, the proposed conditional use is entirely
consistent with the purposes and intent of the zone district and
the Municipal Code in general. The restaurant expansion as a
conditional use should be permitted in the circumstances.
Very truly yours,
N I EY & ALDER
�j
ichard Y. Neiley, Jr.
V
RYN /agk
Enclosures
f
ASPEN /PITKIN PLANNING OFFICE
130 S. Galena Street
Aspen, Colorado 83611
(303) 920 -5090 FAX# (303) 920 -5197
September 29, 1993
Rick Neiley
Neiley & Alder
201 N. Mill St., Suite 102
Aspen, CO 81611
Re: Goldberg Conditional Use Review
Case A56 -93
Dear Rick,
The Planning Office has completed its preliminary review of the
captioned application. We have determined that this application
is complete with the exception of two items. Please submit the
following items by October 5th.
Referral fees for the Housing Office and Environmental Health
Department. $55 each for a total of $110.
Signed Agreement to Pay Form (enclosed).
We have scheduled this application for review at a public hearing
by the Aspen Planning and Zoning Commission on Tuesday, October 19,
1993 at a meeting to begin at 4:30 p.m. Should this date be
inconvenient for you please contact me within 3 working days of the
date of this letter. After that the agenda date will be considered
final and changes to the schedule or tabling of the application
will only be allowed for unavoidable technical problems.
The Friday before the meeting date, we will call to inform you that
a copy of the memo pertaining to the application is available at
the Planning Office.
Please note that it is your responsibility to mailing notice to
property owners within 300' and to post the subject property with
a sign. Please submit a photograph of the posted sign as proof of
posting and an affidavit as proof of mailing prior to the hearing.
If you have any questions, please call Leslie Lamont the planner
assigned to your case.
Sincerely,
po.Q-�
Debbie DuBord
Office Manager
PUBLIC NOTICE
RE: GOLDBERG CONDITIONAL USE REVIEW
NOTICE IS HEREBY GIVEN that a public hearing will be held on
Tuesday, October 19, 1993, at a meeting to begin at 4:30 pm before
the Aspen Planning and Zoning Commission in the second floor
Conference Room, City Hall, 130 S. Galena Street, Aspen, Colorado,
to consider an application submitted by David & Susan Goldberg, P.
O. box 1091, Aspen, CO 81612 requesting Conditional Use Review
approval for a restaurant in the C -1 Commercial Zone District. The
applicants propose a restaurant in the lower level of 308 S. Hunter
Street in the space currently occupied by L.A. Salon. The property
is more specifically described as the South 1/2 of Lots A, B and
C, Block 100, City and Township of Aspen. For further information,
contact Leslie Lamont at the Aspen Pitkin Planning Office, 130 S.
Galena St., Aspen, CO. 920 -5101.
s /Bruce Kerr, Chairman
Planning and Zoning Commission
ASPENTITKIN PLANNING OFFICE
130 South Galena Street
Aspen, Colorado 81611
Phone 920 -5090 FAX 920 -5197
MEMORANDUM
TO: City Engineer
Housing Director
Environmental Health
FROM: Leslie Lamont, Planning Office
RE: Goldberg Conditional Use Review
DATE: September 29, 1993
Attached for your review and comments is an application submitted by David and
Susan Goldberg requesting Conditional Use Review approval for a restaurant.
Please return your comments to me no later than October 7, 1993.
Thank you.
NEILEY & ALDER
ATTORNEYS
201 North Mill Street, Suite 102
Aspen, Colorado 81611
Richard Y. Neiley, Jr., P.C. YAX Number
Eugene M. Alder. P.C. (303) 925-9393 (303) 925-9396
November 10, 1993
Leslie Lamont
Aspen /Pitkin County Planning Office
130 South Galena Street
Aspen, Colorado 81611
Re: DSG Restaurants, inc
Use Review
Dear Leslie:
Application for Conditional
As we have discussed, my clients David and Susan Goldberg
and DSG Restaurants, Inc. have requested reconsideration of their
Conditional Use Review Application at the November 16, 1993 Plan-
ning & Zoning Commission meeting. Thank you for scheduling us for
this meeting. I want to address several items raised at the
October 19, 1993 public meeting at which I was unfortunately not
present. Please consider this letter a supplement to our Con-
ditional Use Review Application dated September 27, 1993.
There seems to be genuine concern regarding the impacts
of restaurant expansion in the 308 South Hunter Street building.
While we appreciate these concerns, we do not believe that any
impacts resulting from this modest restaurant expansion exist which
cannot be adequately mitigated. The Goldbergs' Silver City Grill
on the upper level the building has become a popular, local
oriented restaurant operation. We have never received any
complaints from the City, the Health Department, our landlord,
neighbors in the building or any members of the public with respect
to this restaurant.
Reconfigured Premises Submitted herewith is a recon-
figured floor plan for the proposed restaurant operation. The
total square footage of the space is approximately 600 square feet.
The floor plan will result in net leasable space per the City's
definitions of only approximately 372 square feet. Projected
seating is for approximately 19 customers. We anticipate the need
for only 2 to 3 employees. This expansion of restaurant space in
the building is minimal.
Letter to Ms. Lamont
November 10, 1993
Page 2
Trash Removal Until submission of the Conditional Use
Review Application, the Goldbergs were never notified of any
problems regarding the location of the dumpster or grease disposal
containers in the alley. Once this issue was raised, all disposal
facilities were relocated to the parking area behind the building.
We have made inquiry the ability to completely enclose the waste
containers. We have been advised that complete enclosure is not
desirable but that creating a covered trash structure is. The
Goldbergs will commit to the construction of a covered structure
for the location of all waste containers within the building's
parking area. The Goldbergs do not project the need for any
additional trash facilities beyond those already in place.
Miscellaneous Restaurant Review Criteria Because of the
small size of the proposed restaurant and the fact that a full
kitchen is not being installed, impacts with respect to traffic
generation, odors, noise, service delivery and other conditional
use concerns are minimal or non- existent. The use compliments
other uses in the building and is supported by other tenants in the
building, as will be demonstrated at the public hearing. The
surrounding area is a mixture of offices, retail shops, commercial
businesses and restaurants, as well as residential. The addition
of a small sandwich shop type restaurant is compatible with those
uses.
Aspen Area Community Plan The Aspen Area Community
Plan, in the Commercial /Retail Action Plan Section, provides the
following:
Intent: to provide incentives for
managed strategic growth by locally
serving commercial and office uses
and small lodges.
Policies: developments which
include locally oriented businesses
should be encouraged via a menu of
options.
Action Plan:
3. Explore FAR bonuses for restric-
tions for locally serving uses.
4. Explore buy down of commercial
space for locally oriented uses and
deed restricted local space.
Letter to Ms. Lamont
November 10, 1993
Page 3
5. Revise the Neighborhood Commer-
cial and Service /Commercial /Indus-
trial Development permitted and
conditional use lists to insure only
locally serving uses are permitted
within those zone districts.
The significant thrust of the Community Plan relates to
the preservation and fostering of local business. This is pre-
cisely the objective of the applicants. The Goldbergs live in the
Aspen area and are owner /operators of the Silver City Grill. They
intend to be directly involved in the day -to -day operations of the
proposed restaurant. They use their business to promote community
causes such as Mountain Rescue, through donations of food, partici-
pation in fund - raisers and operation of food concession at the
Aspen Air Show with all proceeds benefitting Mountain Rescue.
Displacement of Other Tenants At the October 19, 1993
public meeting, Lisa Miller, formerly of the LA Salon, objected to
the proposed conditional use, because she was interested in leasing
the subject premises. The restaurant expansion is supported by the
building owner, Gerry Long, who has advised the Goldbergs that the
Salon is no longer interested in the space. It is not the Gold -
bergs' intention to displace any other tenant in the building.
Their interest in the space arose only after they were advised that
the LA Salon was relocating. After the Conditional Use Application
was filed, one of the partners in the LA Salon decided she did not
wish to relocate because of circumstances completely unrelated to
the Goldbergs. That decision has now, apparently, changed again.
Compliance with Definition of Restaurant Some concern
has been raised regarding the applicants ability to comply with
the definition of restaurant contained in the Municipal Code. That
definition requires restaurants which are located off ground level
to have use of an elevator or dumb waiter for service access.
Although the proposed space is served by back stairs and a ramp,
both of which have immediate access off of an alley, neither an
elevator nor dumb waiter is available. However, because the
purpose of this definition is to facilitate the delivery of
supplies, the premises should be considered to comply. A ramp upon
which hand trucks can easily be moved is in fact more convenient
and is less labor intensive than the use of a dumb waiter which
requires loading and unloading at 2 levels. As will be demon-
strated at the public hearing, none of the applicants suppliers
objects to the use of either the stairs or the ramp. Furthermore,
applicants can install a roller system down the back steps which
will function substantially the same as a dumb waiter.
Letter to Ms. Lamont
November 10, 1993
Page 4
As a matter of fairness, it is pertinent to note that
very few other restaurants in the Aspen area that are not on the
street level have either elevators or dumb waiters. The definition
in question was adopted in 1988, and the City's enforcement of this
definition apparently only applies to buildings in which new
restaurants are established after 1988. Even a brief review of
existing restaurants, and of restaurants currently being con-
structed, reveals the lack of required facilities for the following
establishments: Planet Hollywood (currently under construction);
Anguilla (currently being remodeled); The R Bar (recently opened in
a space not formerly occupied by a restaurant); Eric's (recently
opened in a space not formerly occupied by a restaurant); Pizza Hut
(formerly Mama Maria's and being completely reconfigured and
remodeled); Benjamin's Deli (currently being completely remodeled;
Bahn Thai; The Charcuterie; Milans; Su Casa; Loretta's; Takah
Sushi; Carnavale; The Chart House; The Steak Pit; Flying Dog Brew
Pub; the Golden Horn; and many others.
In conclusion, the proposed conditional use is entirely
consistent with the purposes and intent of the zone district and
the Municipal Code in general. The restaurant expansion as a
conditional use should be permitted in the circumstances.
Very truly yours,
& ALDER
Y. Neiley, Jr.
RYN /agk
Enclosures
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ASPEN /PITKIN PLANNING OFFICE
Agreement for Payment of City of A pen Development Application Fees
CITY OF ASPEN (hereinafter CITY) and DAVID GOLDBERG and SUSAN GOLDBERG
(hereinafter APPLICANT) AGREE AS FOLLOWS:
1. APPLICANT has submitted to CITY an application for
conditional use review in
-einafter, THE PROJECT).
2. APPLICANT understands and agrees that City of Aspen Ordinance
No. 77 (Series of 1992) establishes a fee structure for Planning Office 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 proposed 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 to allow APPLICANT
to make payment of an initial deposit and to thereafter permit additional costs to
be billed to APPLICANT on a monthly basis. 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 approval, unless
current billings are paid in full prior to decision.
(REAL)
GAGPTE (REAL)
................. . .. . ....... * .......... . .... .
7 .......................... ........................................... . ................................. .............. . ......................... . . .......... ......... I . ....... . ..... ..... ( SAL)
NTATZ OF COLOILADO,
county of ...... Pi.tkirL ......... . ............ M Tho f inatmmnt was acknowledged
b ofora me this ................ lolh .... . ........ . I ... . ..... .. day o f ........... Maly ........................... so..74 .....
b .. . ......................... ........... ;.; A;0k!xq ... qqkqno .............. ... ...............................................
.. ----------------------- .. ............. ........ . ............ ..........................
........... .... ........................... ..... I .. -
Witnm my hand and offi&l N"L
My commission expirm .......... Dec
lu &SUR is of elij w
invert MW4 M.4 am
330-P-REVISED WAR RANTY DEED TO JOI NT TENANTS --7M Q F. N«kd 01 "k BlIk & Ulbl C" E4M rl C"'
SHIP'N- MAIL- XPRESS TEL No. 602 299 9133 Oct 06,93 14:17 P.02
elk, MW for e.ewd the. 30 .dw etAug�tl A. D• 144., at. ls].8..o. tax.. P.. at . ............. ___ bb, sirtll 1F....P6GE.lEJ- 77...nF.COxuEa.
r,.x „ten No, .... 169721.......... Bt. ....... Julia—gane ................ _.._ .............. ... DEPUTY.
Made this 10th day of May in the yw of our Lord
one thousand nine hundred and seventy four between
STATE 1C C INIACf FEE
CLARAHELLE GAGNE AUG "u Ni1I a
of the County of Pitkin •ad State of Colorado, of the fast part, and
GERALD P. LONG and PATRICIA D. LONG f_,.•,. ^��
of the County of Pi.tkin and State of Oclomdo, of the second Pak;
Witneeeath, That the said part y of the first part, for and in consideration of rhs am of
ONE HUNDRED DOLLARS AND OTHER GOOD 6 VALUABLE CONSIDERATION M0151111✓111,
to the said party of the first part in hand paid by the said parties of the second part, the receipt whereof is bereby son -
feseed and acknowledged, ha ft granted, bargained, sold and conveyed, sad by flops presents does grant, bargain, nn
convey and confirm, unto the add parties of the second part, not in tenancy in common but in ;dnt tenancy, ths survivor of
them, their a,eigns and the heirs and udgns of such survivor forever, in the following described lot a or parcel of land
situate, lying and being in the County of P i t k i n and State of Colorado, to -wit!
SOUTH ONE -HALF OP LOTS Ae Be Q C
BLOCK 100
CITY AND TOWNSITE OF ASPEN
PITKIN COUNTY, COLORADO.
Togatl ar with all said eingalar the hereditaments and appurtenanom thereunto beloagfng, or in anywlm a Ing,
and the reversion and reversion, remainder and remainders, rents, issues and profits thereof; lad aII the estate, t, title,
interest, claim and demand whaUOever of the said part Y of the feet part, eitbw In law or equity, of, in sad to the above
bargained promises, with the hwWitaments and appurtenances.
To Have and to Sold the said premises above bargained and described, with the appurtenances, unto the add partly of
the second part, the survivor of them, their assigns and the heirs and &sigma of Such survivor forever. And the mW party
of the first part for . her self , her heirs, executors, and Wministrotom, does ham and smut,
bargain and agree to, and with the mid parties of the second part, the survivor of them, theft assigns and the g
of such survivor, that at the time of the enaaaling and delivery of there presents, she is well mixed of the premised
above con” ed, as of good sure perfect, absolute and indefeasible estate of Inheritance, In law, in fee simple, and ba s
cod right, f power and Vwful authority to grant, bargain, sm�a,sll and convey �tteh,e�i same } iin manner and form afforesstsimd, and that se
hs same arc free and clear from all faPer gerieia� lOY ly /4 an xCe fin STIM
whatever kind or nature sweet, exce
Trust recorded June 16, 1965, in Book 213, at Page 312
and the above bargained promises In the quiet and peaceable posaomion of the mid parties of the second part, the survivor' of
them, their assigns and the heirs and assigns of such survivor, against all and every person or Persons lawfully claiming or
to claim the whole or any part thereof, the said party of the first part sbaa and will WARRANT AND FOREVER
DEFEND.
i
in Witness Whereof The said party of the first part has hereunto set her hand and
Beal the day and year first above written.
Signed, Sealed and Delivered to the Presence of �j
Applicants:
CONDITIONAL USE REVIEW APPLICATION
David and Susan
DSG Restaurant,
P. 0. Box 1091
Aspen, Colorado
Goldberg
Inc.
81612
Representative: Richard Y. Neiley, Jr.
Neiley & Alder
201 North Mill Street, Suite 102
Aspen, Colorado 81611
Date: September 27, 1993
N W- 1 A 0
I. INTRODUCTION
This Application is submitted for conditional use review
for a proposed restaurant use in the C -1 zone district. Applicants
seek approval for a restaurant to be located on the lower level of
the commercial building located at 308 South Hunter Street, Aspen,
Colorado.
On September 24, 1993, Applicants attended a pre -
application conference to review the issues and conditions which
might be imposed in connection with the proposed conditional use.
A copy of the pre - application conference summary is attached hereto
as Exhibit "A."
The Applicants have negotiated a Lease with the owner of
the premises at 308 South Hunter Street, Gerald P. Long. The space
in question is currently occupied by the L.A. Salon, a full service
beauty salon. L.A. Salon is relocating to a new space. Mr. Long
has consented to the Lease and the planning process and has agreed
to provide a copy of his Deed demonstrating his ownership interest
in the subject real property. A copy of Mr. Long's letter of
consent dated September 27, 1993 is attached hereto as Exhibit "B."
The Applicants propose a remodel of the existing approx-
imately 600 square foot space from the current salon configuration
to a restaurant and bar comprising approximately 354 net leasable
square feet. A schematic depiction of the existing space is
attached as Exhibit "C "; a schematic depiction of the approximate
remodel improvements to be installed by Applicants is attached
hereto as Exhibit "D."
The Applicants currently own and operate Silver City
Grill located on the upper level of 308 South Hunter Street in
Aspen. The proposed restaurant use on the lower level would offer
cold sandwiches, beverages and other light fare. The Applicants do
not intend to install a full kitchen with oven and other cooking
facilities. The objective of the Applicants is to provide
primarily lunch, snack and late night food to a primarily local
clientele. The menu would compliment the Silver City Grill by
providing alternatives to hot meals. Additionally, the proposed
lower level restaurant would include a liquor license.
II. CONDITIONAL USE CRITERIA
The C -1 zone district defines restaurants as a condi-
tional use subject to review under Article 7, Division 3 of the
Municipal Code. The proposed restaurant use in the lower level of
308 South Hunter Street is in fact consistent with all conditional
use criteria.
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The recently adopted Aspen
in the Commercial /Retail and Lodging
other things, as follows:
W
Area Community Plan provides
Action Plan section, among
Intent - To provide incentives for strategic growth by locally
serving commercial and office uses and small lodges.
Policies - Developments which include locally oriented businesses
should be encouraged via a menu of options.
Commercial - Halt the erosion of locally serving businesses through
change in use.
- Revise the criteria for changing use in zone districts
outside of the CC zone district in order to prohibit the loss of
local serving businesses through changing use.
Applicants propose a locals' sandwich shop /bar in a
location which is surrounded by substantially larger, more tourist
oriented restaurants such as Mezzaluna, Boogie's, Abetone and
others. The small size of the location enhances the likelihood of
utilization by locals lunch traffic similar to that experienced by
the Silver City Grill.
Section 7 -304 defines the criteria to be considered in
this Conditional Use Review Application.
A. The proposed use is consistent with the purposes, goals,
objectives and standards of the Aspen Area Comprehensive Plan and
with the intent of the underlying zone district. The C -1 zone
district is intended to provide for "the establishment of
commercial uses which are not primarily oriented toward serving the
tourist population." As noted above, the Aspen Area Community Plan
promotes the preservation and fostering of locally owned and
operated businesses serving local needs. This is precisely what is
being proposed by the Applicants.
B. The proposed use is compatible with the character of the
immediate vicinity and surrounding land uses and enhances the
mixture of complimentary uses and activities in the area. 308
South Hunter is entirely surrounded by commercial and office
buildings. Restaurants are located within one block in all
directions from the parcel in question. Most of the restaurants
cater more toward the tourist than to local customers. Numerous
retail outlets exist to the south, west and, to a lesser extent, to
the north and east of the property. The numerous offices in the
area, including realtors, attorneys, banks, title companies,
doctors' offices and the like represent local employees likely to
take advantage of the type of sandwich bar and light food to be
provided by the Applicants.
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C. The location, size, design and operating characteristics of the
proposed use minimize all adverse impacts. The proposed site comes
with one leasehold parking space. The type of business proposed by
the Applicants is a walk -up, fast - service restaurant which
encourages pedestrian access in the heavily populated commercial
core. The Applicants will provide delivery service to offices and
businesses in the area as well as "to go" services. Delivery of
food supplies can be accomplished through a back door accessed off
of the alley between Hyman and Cooper Avenues. Purchases will be
made in conjunction with Silver City Grill, thereby minimizing the
need for duplication of truck parking. Trash will also be handled
in conjunction with Silver City Grill. No offensive odors will
emanate from the space as primarily cold food service is antici-
pated. No grill or oven will be installed and no special
ventilation system will be required.
D. Public facilities and services are adequate to serve the
conditional use of the premises. All water, sanitation and
utilities services are already installed to the premises, and no
additional burden on any public services will result from the
proposed conditional use.
E. No increase in employees will be generated by the conditional
use. L.A. Salon currently employs between three and five full -time
employees. The Applicants intend to employ no more, and probably
less than the number of employees currently utilized in the
premises.
F. The Applicants are not aware of any additional standards,
conditions or requirements applicable to the subject premises under
any provisions of the Municipal Code or the Aspen Area Comprehen-
sive Plan.
Applicants agree to submit additional information which may be
required in accordance with 56 -202 of the Municipal Code including
a legal description of the subject parcel, certification regarding
ownership and a mailing list with stamped, addressed envelopes as
soon as reasonably possible. Any additional information required
by the Planning Office and the Planning & Zoning Commission will be
made available.
III. CONCLUSION
The conditional use requested in this Application is
compatible with surrounding uses and the community needs. The
objectives of the Aspen Area Community Plan and Aspen Area
Comprehensive Plan are met by this Application. The granting of
conditional use approval for a restaurant on lower level of 308
South Hunter Street will provide Applicants, who are local
restaurateurs and members of the community, with an opportunity
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provide a quality product to locals as well as visitors at
reasonable costs.
RESPECTFULLY SUBMITTED this day of September, 1993.
NEILEY /i ALDER
1a&chardp:Y. Neiley, Jr., No. 9878
201 North Mill Street, Suite 102
Aspen, Colorado 81611
(303) 925 -9393
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EXHIBIT "A"
Z-1/q3
PROJECT
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CITY OF ASPEN
APPLICANT'S REPRESENTATIVE:
REPRESENTATIVE'S PHONE: S
OWNER'S NAME:
SUMMARY
2 S U U
1. Type of Application: 77",
2. Describe action /type of development being requested:
3. Areas is which Applicant has been requested to respond, types
of reports requested:
Policy Area/
Referral Agent
7 i
-
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4. Revie (P &Z Only (CC Only) (P &Z then to CC)
5. Public Hear (YES (NO)
i
6. Number of copies of the application to be submitted: _
7. What fee was applicant requested to submit:
k55.
Comments
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8. Anticipated date of submission:
C
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EXHIBIT "B"
MH1L-X FKESb
Dear 1
Sept.�270993
0
1 am awa.ra David and Susan Goldberg want to leaee
t?la coT11mercial space in Aspen thatis now leased by
,.A. 321on, located at 508 South Hunter St.
1 h,-xvi� agreed to lease this space to the Goldberg's for
the operation of a resturant. And I'm further aware that
they have retained. Richard Neiley to represent them
at planning and 'Zoning.
"ply lease agreement with the Goldberg's shall cnmmence
on the first day of November. I am the owner of 'the
building and will forward you a copy of the dead,
as well as a copy of this letter.
Sex'alil Y. Long;
'1166 E . Desert Moon Loop
Tuc::on ' Az . 65715
(602) 299 -5765
Sincerely,
ti.s
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EXHIBIT "C"
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EXHIBIT "D"
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