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HomeMy WebLinkAboutcoa.lu.tu.534 E Cooper Ave.A012-03 .f"') CASE NUMBER PARCEL ID # CASE NAME PROJECT ADDRESS PLANNER CASE TYPE OWNER/APPLICANT REPRESENTATIVE DATE OF FINAL ACTION CITY COUNCIL ACTION PZ ACTION ADMIN ACTION BOA ACTION DATE CLOSED BY tl A012-03 2737 -182-24008 Boogie's Diner Temporary Use Application 534 E, Cooper 51. James Lindt Temporary Use Application Lenny Weinglass owner 3/1 0/03 Reso 21-2003 APPROVED 03/11/03 D Driscoll t) () C~,^l/lVI\ I I Cot<< t;VL ~/J\ I c5~ ~"6,S Se~+.5 V\lA~d O\wLA.\~ v\~~1~k ~\sbt;01 Cj9/Mftlti$ -'- ------ 1;J aJ~~"t-- lf5ftb\ GtfJJ.o if it2 - t:OG~ Htk -- fc..[A\[Yl eJ v' I ~ut1~ ~-1CAV'}~i 16e>.b.uJ ~tL c-~ A ~ , , VII'+- A- _--N o MEMORANDUM TO: \L -V- THRU: Mayor and City Council -J4:o ' - Julie Ann Woods, Community Development Director FROM: James Lindt, Planner \3l-- RE: Boogie's Diner Temporary Use Permit- Public Hearing DATE: March 10, 2003 Temporary Tent/Awning Location: Boogie's Diner, 534 E. Cooper St. Applicant: Leona~d "Boogie"W einglass Zone District: Commercial Core Land Use Request: Temporary Use request to maintain tent ovet outdoor seating until end of March, SUMMARY: The Applicant, Leonard "Boogie" Weinglass, is requesting a temporary use permit to maintain an awning/tent on the second floor patio of Boogie's Diner located at 534 E, Cooper Avenue throughout the month of March, The Community Development Department has reviewed the request and recommends approval of the temporary use permit. PREVIOUS COUNCIL ACTION: 'There have been no previous approvals to allow for the second floor patio at Boogie's Diner to be tented, BACKGROUND: Boogie's Diner has erected a temporary tent structure (awning) over the second floor patio to allow for the outdoor patio to be used as restaurant seating during portions of the winter months, Staff put the applicant on notice that he requires temporary use approval to maintain the tent structure and the applicant submitted the attached application in order to remedy the zoning violatiori. STAFF COMMENTS: Staff believes that the applicant's request to maintain the tent-like structure during the month of March allows for the restaurant to accommodate more visitors during this time period,' Currently, the applicant has approval to use the space for seating and does so P101 ,~ t"\ PI02 eluring the summer months without tenting the area, Therefore, no new net leasable space is technically being created. In addition, staff believes that allowing for the applicant to tent the outdoor seating will not have an adverse affect on the surrounding area, The applicant has maintained the tent for almost a month while waiting to get on a City Council agenda, During the month timeframe, statT has not received a complaint about the tent structure. In the past, other restaurants in the immediate VICInIty have received temporary use approval to tent their outdoor seating in a similar fashion, An example of this is Mezzaluna Restaurant that is located just about a block east of Boogie's Diner. In 1997- 1998, Mezza]una Restaurant was granted temporary use approval to tent their outdoor seating for several weeks during the winter season, Therefore, staff feels that there is precedence for approving a temporary use of this nature. Additionally, staff does not feel as if the tent structure has a considerable negative affect on the visual appearance of the building because it can only scarcely be seen from the public right-of-way. Thus, staff believes that the proposal meets the temporary use review standards and recommends that City Council approve the temporary use request. The applicant has also requested to erect the tent at other times during the year in addition to the month of March, The other time periods that the applicant has requested to tent the patio area are during the week of Christmas through New Years, the week of the X-Games, and President's Day Weekend, Therefore, staff has proposed a condition of approval that allows for the Community Development Director to approve" future requests to tent the patio area for less than 14 days if he/she determines that it, is consistent with this original request. RECOMMENDATION: Staff recommends that City Council approve with conditions the proposed temporary use to allow for Boogie's Diner to maintain the tent structure over the second floor patio area throllghout the month of March, 2003, RECOMM ENDED MOTION: "I move to approve Resolution No,~1 , Series of 2003, approving with conditions, a temporary use permit to allow for Boogie's Diner located at 534 East Cooper Avenue to tent their second floor patio throughout the month of March, 2003" CITY MANAGER COlVliY]J!.J'HS: 8fL. - f~<-<P ~_ ATTACHMENTS: Exhibit "A" - Review Criteria and Staff Responses Exhibit "B" -- Application 1"""'\ , P105 EXHIBIT A <":", i:: ."-:...::','",,:,.,:,,::,.., REVIEW CRITERIA AND STAFF FINDINGS: 26.450.030 Temporary Use When considering a development application for a temporary use, City Council shall consider, among other pertinent factors, the following criteria: A. The/ocation, size, design, operating characteristics, and vis lUll impacts of the proposed llse. ' Staff Finding; Staff believes that the size and design of the temporary tent stmcture is fimctional to allow for the applicant to safely ~lse the patio area for restaurant seating during the winter season, Staff also feels that the tentstnlcture does not have a significant adverse visual impact on the structure given that it is located on the second floor patio that is not visible from Cooper Aventle and is only partially visible from Hunter Street Staff finds this criterion to be met ' " B. The compatibility of the proposedtemporarYllsewitllthe character, density and use oj structures and uses in the immediate vicinity. Staff Finding: The reason that the applicant wishes to maintain the tent structure is to use the patio for outdoor dining during the winter seasoll, Boogie's Diller already usestlle patio area as seating throughout the rest of the year, Therefore, staff believes that maintaining the tent for winter outdoor dining purposes is consistent with the normal use of the patio area, Staff finds this criterion to be met C. The impacts of the proposed use on pedestrian and vehicular traffic and traffic patterns, municipal services, noise levels, and neighborhood character. Staff Finding; Staff does not believe that the tent stmcture will have any negative impacts on vehicular traffic, traffIc patterns, municipal services, or noise levels, In addition, staff does not believe that allowing for the tent structure to be maintained will have a negative Impact of) the neighborhood character because it can only scarcely be seellfroIIlthe public right- of-way, Staff also feels that the proposal may have a positive affect on pedestrian circulation within Boogie's Diner because they will have more seating available to accommodate people that normally have to wait on the stairs leading up to the restaurant or on the corner during busy periods, Staff finds this criterion to be met r-\ .c?\ P106 D. The duration of the proposed temporary use and whether a temporary use has previously been approved for the structure, parcel, property or location as proposed in the application. Staff Finding: The applicant has requested to keep the tent structure up through the end of March, which is well within City Council's authority to approve a temporary use for less than a six (6) month time period, In addition, staff has proposed a condition of approval that allows the Community Development Director to approve the applicant's requests to tent the area during other times of year if helshe believes that it is consistent with the request that City Council is approving herein, Staff tinds this criterion to be met E. The purposes and intent of the zone district in which the temporary ase is proposed, . Staff Finding: The applicant would like to maintain the tent so that the outdoor patio can be used for dining during the winter season, The applicant already uses the patio for dining throughout the rest of the year. Therefore, staff believes that the proposed temporary use is consistent with the Commercial Core Zone District, ~hich is to provide service/commercial uses such as restaurants and dining facilities, Staff finds this criterion to be met. F. The relation of the temporary use to conditions and character changes which may have occurred in the area {md zone district in which the use is proposed. Staff Finding: Other restaurants in the immediate vicinity have been granted temporary use approval in the past to tent their patios for the purpose of outdoor dining during the winter season, An example of a similar circumstance was that of the temporary use that was granted for Mezzaluna Restaurant to tent their patio in 1997 and 1998, Therefore, staff feels that a precedent exists to allow for Boogie's to tent their patio, Staff finds this criterion to be met. G. How the proposed temporary use will enhance or diminish the general public health, safety, or welfare. Staff Finding: Staff does not believe that the proposed temporary use will diminish the general public health, safety, or welfare, The Fire Marshall and the Building Department have been consulted and do not have an issue with the tented structure being maintained, As was mentioned earlier, staff believes that the proposal may actually allow for better pedestrian circulation within the restaurant because they will have the ability to use the patio for ". . seating, This will reduce periods, Staff finds this /""" wait on the stairs during busy P107 l , I i ,! r\ PAGE 01/01 S:hJ'Io~t- \\E/ 02/11/2003 11:32 9709201560 r", BOOGIE'S February 10, 2003 P108 Dear Members of the Aspen City Counc;l: I am asking for your aPl'r""al on a temporary awning at Boogie', Diner, The awning is not a permanent strneture and can be taken down at any time, TIle patio at Boogie', ,eats approximately 60 people during the summer months. In the winter, we lose those seats. Locals and tourists alike are angered when they have to wait 45 minutc3 to an hour fot a table. Listed beJow are a few examples of when we could really use the outside seating: The X.Games Christmas and New Years Presidenfs Weekend The entire month of Marob , Boogie', will g<:nerate much more tax revenue for the community with the wintertime patio. We employ more than 100 people and the awning allom for more job, and more hours to my employees, We need an extra cook, two additional servers and a bus boy to cover the additional seating, Boogie's i5 also, by far, the favont!'; eating establishment for children. The extra 30 scats on the winter patio makes the wait much more bearable for all involved. Also, Boogie's Diner contributes to many charitable organizations in this "Yalley. Some eX;l.mplcs are listed below, just to name a few: The Sunshine Kids Challenge Aspen The Silver Lining Ranch Sister City Program The Buddy Program Additionally, we provide diseoun13 to RFTA. Aspen Police, Mountain Rescue and Aspen Firelighte"" We donate silent auction items throughout the year to over SO addit~oDal organizatio'M. We support all schools and daycare centers. In.rcality~ Boogie's rims like 3 non~profit company. Last year, Boogie's Diner Fouodation gave over S500,000,00 back to the community in charitable donations, I ha~n't drawn a saliry, or taken any money for that matter, in twelve yean>,. The awning is completely fireproof and, therefore, extremely safe, I WIlS personally involved in the installation of it. 10 the past. I have built and run over 1,000 stores and I am fully aware of all .afety procedures. Tn summation,. I strongly believe tile: awning is a 'Win~win situation. Thank you for your time. ;;<: tJ~ Lenny (Boogie) Weinglass E. COOPER ST. ASPEN CO 81611 ( 3 0 3) 92 5 - 6 1 1 1 534 ~ ~ ~~~ PHONE: 248'398'7000 CABLE: DIVESCO fix: 248'398'7123 DIVERSIFIED INVESTMENTS ADDRESS REPLY TO: .NJ// ~-t3~ PlJ~? ~~.~. 22750 WOODWARD AVENUE March 5, 2003 A'>, V(-0 r<?k, ."''-'," , ~ if>./ :',A~', , ~ ''',,;1\ :;0 ~a ,;;j <~~/V ~ 0,.,. '/,1 1~ >f;?, City of Aspen Community Development Dept. 130 S, Galena St. Aspen, CO 81611 VIA: FACSIMILE Re: Boogie's Diner To Whom It May Concern: Please allow me to introduce myself as the owner of unit #304, 520 E, Cooper Ave, Aspen, Co, Please accept this as my wholehearted and unconditional approval of Mr. Weinglass continued use of the tented outdoor seating as it currently exist. Thank you very much. LGW Its Cc: Leonard Weinglass ~ @:!':\ 130 S, Galena St. AspenC081611 (970) 920-5090 (970) 920-5439, fax Aspen Community Development Department Fax To: Reggie Barber From: James Lindt Fax: 920-1560 Pages: Phone: Date: 3/4/03 Staff Memo and Resolution for 3/1 0 Re: Council Meeting CC: o Urgent o For Review o Please Comment 0 Please Reply o Please Recycle . Comments: Hi Reggie, Please find attached a copy of the staff memo and resoiution for Boogie's Temporary Use request to keep the tent up, Please let Boogie know that some one has to be at the meeting on Monday evening to represent the restaurant. The meeting begins at 5:00 PM but the public hearing on this item will probably not get started until at least 5:45 or so, Please let me know if you have any questions or concerns regarding the proposed conditions of approval. Thanks, James 1) ATTACHMENT 7 AFFIDAVIT OF PUBLIC NOTICE REQUIRED BY SECTION 26.304.060 (E), ASPEN LAND USE CODE ADD""" 0' ,.O'ERTY, ")3Lf fj;!5~ 11 SCHEDULED PUBLIC HEARING DAT,E: '3 . 0 , Aspen, CO ,200_ STATE OF COLORADO ) ) 55. Connty of Pitkin ) I, "j fJ..'/MtQS 1--1'//1. JJ-- , (name,pleaseprint) being or representing an Applicant to the City of Aspen, Colorado, hereby personally certify that I have complied with the public notice requirements of Section 26,304,060 (E) of the Aspen Land Use Code il). the following manner: -Xpublication of notice: By the publication in the legal notice section of an offIcial paper or a paper of general circulation in the City of Aspen at least fifteen (15) days prior to the public hearing, A copy of the publication is attached hereto, _ Posting of notice: By posting of notice, which form was obtained from the Community Development Department, which was made of suitable, waterproof materials, which was not less than twenty-two (22) inches wide and twenty-six (26) inches high, and which was composed ofletters not less than one inch in height, Said notice was posted at least fIfteen (15) days prior to the public hearing and was continuously visible from the _ day of ,200_, to and including the date and time of the public hearing, A photograph of the posted notice (sign) is attached hereto, _ Mailing of notice, By the mailing of a notice obtained from the Community Development Department, which contains the information described in Section 26,304.060(E)(2) of the Aspen Land Use Code, At least fIfteen (15) days prior to the public hearing, notice was hand delivered or mailed by first class postage prepaid U,S, mail to any federal agency, state, county, municipal government, school, service district or other governmental or quasi-governmental agency that owns property within three hundred (300) feet ofthe property subject to the development application, The names and addresses of property owners shall be those on the current tax reFor~s of Pitkin CO\lnty as they appeared no more than sixty (60) days prior to the date of the public hearing, A copy of the owners and governmental agencies so noticed is attached hereto, (continued on next page) . (', (-, Rezoning or text amendment, Whenever the offIcial zoning district map is in any way to be changed or amended incidental to or as part of a general revision of this Title, or whenever the text of this Title is to be amended, whether such revision be made by repeal of this Title and enactment of a new land use regulation, or otherwise, the requirement of an accurate survey map or other suffIcient legal description of, and the notice to and listing of names and addresses of owners of real property in the area of the proposed change shall be waived, However, the proposed zoning map has been available for public inspection in the planning agency during all business hours for fifteen (15) days prior to the public hearing on such amendments, <,f' The foregoing "AffIdavit of Notice" was acknowledged btre me t~ .:)1 day of 'FA,.? , 2003.., by ~D"----"-5 ) ~ ",.",._.",,~.....s:.,({.~?::ti:. (C'.'-'. ..... _: ....__:::',:PtJBrxc]-6'fi~t,:... ~_'::':'"')1'''''''''~) . -..: .-.:.-.... "/<'OlN~-:rr.MP'ORA"'RY USE REQue~T RE:~().o.(jIES" 'OFTHEPATIO'.---'-'-">' TN gJI~T';~~: $ . IVENthaf~"~6b~~~~,a~lln; will be held _()~. n~ay, MaJCbeto~-th.e AsperC"- meeting to,~gm . ,.5.00P'~~rs-130"s,'G'aleha' City CounciL~O . cll, C:;ha,tcalli.iri'subffirtt'edbY Street,to. COnSl(!eJ;~n(lJ.>~, - ," -r\il'a:tem::' _~e(;mard Weingl3,ss r~q~~~~nsge~~~~OI~~O( patla 'at ':::porarv use_to<1-l OW? _' -.,-' "'baSis,to. ae-' Bo~~~d:~eb~h~e:~e;;t~~ao~t~:;a;~(ltjng dur~I1~' co. ewinte(.the~prWertY'h;'c01JlrnonlY .known .a~ th. .. :''.'''-B-~='r''liTidls located at 534 E~C()op~ Boo~le_s ~~:'properi:~L~legal1Y aesc:rlb~A..,,~ , ,Avenue.__ .'S....BI. "',"95 City ana 'fowns1te_.<!ll't, LotsR and, DC,. .'. .... ,--,'. pen.'.. .., '. .", . .t'ct Jame's LindLat Foriurther' inlormatiOll".con a, '.~ ,'("""tDe."' .. the" City-O:f~ASP~cn' fom~t~p~nev~;p~;~) 92~ partriJent, 130.5, ,aena . ":' .... 50.95, ja~esl~c.\:~r~~;rio,;ilinKlanderu<i'~~YO,r': COPY OF THE PUBLICATION -~:~i~'~i~;Thi",p.n T;m.~'~nF~~;.;~;n~;l. 3APH OF THE POSTED NOTICE (SIGN) WITNESS MY HAND AND OFFICIAL SEAL My commission expires: lj (',;). 3/.2.J:.:L3> ~+ Notary Public ATTACHMENTS: -' LIST OF THE OWNERS AND GOVERNMENTAL AGENCIES NOTICED BY MAIL r'1 ~ I I !