HomeMy WebLinkAboutcoa.lu.sr.Cantina.A01885
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""u\SELOAD SUMMARY SHEET
City of Aspen
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.. DATE RECENED:O-;)$-K!:>
..,DATE RECENED COMPLETE:
PROJECT NAME: ~...).,.'-"'''' D"",-\\J..oOR \)~""'",,
APPL ICANT d tJ)
Applicgnt Address/Phone:
REPRESENTATIVE:
Representative Address/Phone:
CASE NO. Olga ~6f)
STAFF: "'" 6
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Type of Application:
I. GMP/SUBDIVISION/PUD (4 step)
Conceptual Submission
____ Preliminary Plat
____ Final plat
($2,730.00)
($1,640.00)
($ 820.00)
II. SUBDIVISION/PUD (4 step)
Conceptual Submission
Preliminary Plat
Final Plat
($1,900.00)
($1,220.00)
($ 820.00}
($1,490.00)
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____ III.
.~IV.
EXCEPJ' lON/EXEMPJ' ION/ REZ ON ING (2 ~t ep)
SPECIAL REVIEW (1 step)
J
Special Review
Use Determination
Conditionql Use" - (.., ,,1 l&)(<6'))
Other: o..:::lc~of<, v.,"','^"'\ L...Y.- ,
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G CC MEETING DATE: 'S'-'...'^-lL \."j) PUBLIC HEARING: YES ~
============~::=:=R:=~E:=R:;:~~~~:~~==;~:;;::::==~~~============
REFERRALS:
~.City Atty
~ City Engi neer
____ Housing Dir.
Aspen vlater
____ City Electric
____ Envir. H1th.
_ Aspen Consol. S. D.
_ Mtn. Bell
____ Parks Dept.
_ Holy Cross Electric
____ Fire Marshall
_ Fire Chief
____ School District
_ Rocky Mtn. Nat. Gas
____ StateHwy Dept (Glenwd)
--:-T' StateHwy Dept (Gr.Jtn)
--x-.,!};l,d9t_ Zoni ng/Inspectn
____ Other:
--------------------------------------------~1~.- -~-----------~----
--------------------------------------------- -- - ------------ /7--
FINAL ROUTING: DATE ROUTED: . ZD 8' INITIAL: './'-
,____ City Atty ____ City Engineer - -____ Building Dept.
Other: Other:
OlXN'P
FILE STATUS AND LOCATION:
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CASE DISPOSITION:
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. Reviel.led By:
Aspen P&Z
City Council
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MEMORANDUM.
TO:
Aspen Planning and Zoning Commission
FROM:
RE:
Steve Burstein, Planning Office
The Cantina Outdoor Dining Special Review
DATE:
June 18, 1985
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LOCATION: 411 East Main Street, Lots A, B, C and D, Block 87, City
and Townsite of Aspen.
ZONIHl: CC (H)
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APPLICANT'S REQUEST: The application is requesting permission for an
outdoor patio dining and cocktail use at the Cantina Restaurant in the
Chitwood Plaza. The open courtyard consists of. 1500 square feet of
which 260 square feet would be used by Pour La France and 710 square
feet would be used by the Cantina. There would be 32 seats at 10
tables for the Cantina.
Within this patio space it is proposed to place a two foot wide
planter across the frontagewith an angled 8. foot wic:'te opening to
allow access to both The Cantina and Pour La France. The p-J:an-t:er
segment extending across the Pour La France Restaurant will be placed
2 feet into tn-e. rig.ht-of-way. The paving surface for the plaza as
well as the sidewalks adjacent to the building complex on Main and
Mill Streets would be a "Dutch Handmold Brick." A 6 foot diameter
planting peaest"cr} would occupy the center of the plaza. Four tree
grates with silver maple trees would be located around the peripheries
of the plaza. Finally, permanent quarter round shaped 'awrr~ would
be placed above windows and doors (seven inside the plaza).
APPLICABLE SECTION OF ZONIHl CODE: Section 24-3.7 states that a
Special Review by the Planning Commission is required for commercial
restaurant use of required open space. J(- ~?
BACKGROUND: The Chitwood Plaza Building? (fo6,erlY known as the
Epicure Plaza Building) was aw_a~de~~in the 1979 commer-
cial growth management compet:ition. The Main Street courtyard, to be
used for the outdoor dining, was conceived to be an integral feature
of the site design, as evidenced in the following quotes from the GMP
submission.
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\., eV\J)Qc ~~,~ "The Main Street courtyard will be heavily landscaped, utilizing
T ~ '~.t'^~"\ some of the existing trees as well as new trees and a three foot
~iX~J" high hedge around the dining space. The retaining of the dining
".c~/' 'V. function within the required open space requires Planning nd
I{\",'< /'I Zoning Commission approval. Should this approval not be granted,
the dining function will be eliminated and the area landscaped
with the remaining courtyard space." (page 3)
XJ
"The most important amenity of the proj ect is the large useable
garden space on the Main Street frontage." (page 7)
On June 9, 1981, the Planning and Zoning Commission recommended
approval of an exception from GMP for three employee housing units
and no parking requirements imposed on the$e three uni ts. City
Council approved this exception on June 22, ]981.
An open space sp~€ial review was conducted for Pour La France Restau-
. rant in May 1984. The original site plan included a two foot wide
planter encroaching into the right-of-way by approximately three
feet. The placement of the planter was changed in the applicant's
proposal; and approval was granted for an arrangement in which a one
foot wide planter would stand on private property. Subsequent to
approval a low wooden fence was constructed.
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On dl!m:!:re,i9.8$,,<J-rty Council granted an encro.achment license for the
placement of the Pour La France planter, trees and tree grates 2 feet
in the right-of-way. On June 17, Council will consider the encroach-
ment of awnings in the public right-of-way.
The ~-r.d~q"fA!:'I'eill'S granted a variance for the U$e of permanent
awnings proposed in the right-of-way on June 13, 1985.
The Historic Preservation Commission and the Commercial Core and
Lodging Commission have both approved the proposed improvements to
the Chitwood Plaza complex.
MAJOR ISSUE AIiID CONCERNS
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A. Referral Agency COJIIIDents:
Engineering Office - In a memo dated May 29, 1985, the Engineer-
ing Office pointed out that the additional 32 person seating
capacity created by the outdoor dining area would cause greater
demand for parking in that vicinity, as well as have minimal
effects on the building's utility use and trash generation.
B. Staff Comments: The design of the open dining area seems to work
well and would be an attrac.tive feature of the streetscape. The
opening from the planter is eight f.eet wide, allowing adequate access
to both restaurants. The 4 foot 1 inch gate going directly into the
Cantina dining area likewise should be wide enough. The trees would
be located a sufficient distance from the building to not be subject
to snow dumping on them from roof or awning tops. Proposed vegetation
should serve the pu ose of controlling air and noise pOllution off
Main Street and th plowln and drifting of snow. The open space use
should contribute pos . y to the diversity and ambience of the
streetscape. Furthermore, outdoor dining was an anticipated use in
the GMP application for this building and was well-received at that
time.
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The loss of~r,,<:.S" standing in the courtyard which were mention
in the GMP application should not represent a loss of amenities, as
the new plantings will replace them.
The CC zone district does not require off-street parking; therefore
additional parking demands from this proposal would have to be met
by on-street and off-Site parking lot facilities. It is felt that
par king is an.-..ae..;Jd,ulative prol:rl em for the Comme-rcial Core. However,
it should be noted that there is curb:-side parking in front of
Chitwood Plaza, and the Rio Grande parking lot is about one block
away.
RECOMMENDATION: The Planning Office recommends that you give approval
to this special review application.
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MEMORANDUM
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Date: June 5, 1985
TO:
Steve Burstein, Planning Dept.
Bill Drueding, Zoning I}JI'J>
FROM:
SUBJECT:
Chitwood Building - Encroachment Request
Cantina Outdoor Dining
Enclosed is a copy of Section 4506(b), 1982 U.B.C. The Building
Department would require retractable awnings or relief through
the Board of Appeals. Section 4506(c) would require the awnings
over the door on Mill st. not extend more than 7 feet from the
building or nearer than 2 feet to the curb. Again, Board of
Appeals relief would be necessary.
In September, 1983, Pour La France requested an encroachment
license for planters in front of their business so they could
increase their outdoor seating. I believe Jay Hammond's memo of
January 12, 1984, addresses this question. Refer to Section
(c)(6) of attached memo.
cc: Jay Hammond, City Engineer
Ron Mitchell, Asst. City Manager
Patsy Newbury, Zoning Official
Jim Wilson, Building Official
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MEMORANDUM
TO:
Jay Hammond, City Engineer
FROM:
Steve Burstein, Planning Office
RE:
Encroachment License for Chitwood Plaza
DATE:
June 3, 1985
=====================================================================
The Planning Office has. no problem with the proposed encroachments
requested in the encroachment license application at the Chitwood
PI az a.
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MEMORANDUM
To: Steve Burstein, Planning Office
From: Elyse Elliott, Engineering Office
Date: May 29, 1985
Re: Cantina Outdoor Dining - Special Review
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After reviewing the above application and making a site inspection,
the Engineering Department has these comments:
The outdoor dining area will increase the restaurant's capacity
by 32 persons. This will have a minimal effect of the building's
utility usage and trash generation. The Chitwood Plaza has
adequate room for covered trash storage and can be easily accessed
by a trash vehicle.
The extra capacity will probably create more demand for parking
in that vicinity.
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MEMORANDUM
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MAY 3 0 &is .
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To: Streets Dept.
Parks Dept.
Building and Zoning Dept.
Planning Dept.
From:
Jay Hammond, city Engineer~
Date:
May 29, 1985
Re:
Encroachment License for Chitwood Plaza
=====~=============================================================
The applicant has informed us that no sidewalk construction may
begin until this issue has been resolved, so we need to schedule
a Council date as soon possible. Please submit your comments to
this office by June 3, 1985.
Thank-you for your cooperation.
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MEMORANDUM
Re: Encroachment License for the Chitwood Plaza
===================================================================
Attached for your review is an application for an encroachment
license for the Chitwood Plaza (Epicure Building and Pour La
France). I would appreciate your comments by June 5, 1985.
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MEMORANDUM
RE:
Jay Hammond, City Engineer
Bill Drueding, Zoning Official
Steve Burstein, Planning Office
Cantina Outdoor Dining - Special Review
May 22, 1985
TO:
FROM:
DATE:
============~=========================================================
AttaChed for your review and comments is an application submitted by
Pete Rosell on behalf of The Chitwood Plaza, the Applicants for
Cantina Outdoor Dining. The Applicants ~re requesting an outdoor
patio dining , .
Please review and return your comments no later than June 4, 1985 so
this office has adequate time to prepare for its presentation before
P&Z on June 18, 1985..
Thank you.
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HEMORANDUM
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TO: Aspen Planning and Zoning Commission
FRO~1:
Leslie Lee, Pfanning Office
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RE:
Restaurant Open Space Review
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Pour La France
Roaring Fork & Spoon
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DATE:
City Case No. 016A-84
May 22, 1984
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APPLICANTS' REQUESTS
Two restaurants, Pour La France and the Roaring Fork & Spoon, have
made a joint special review application to utilize their buildings'
open space as outdoor seating areas for their restaurant operations.
Subsection 24-3.7(d) of the City Code pertains to this particular
application. More specifically, subsection 24-3.7(d) (8) allows that
with special review and approval by the P&Z, commercial restaurant
uses may occur within the required open space of a building site.
Both restaurants are located within Aspen's Commercial Core (CC)
zone district. Pour La France is located at 4l1E. Main Street on
City Block #87. The Roaring Fork & Spoon restaurant is located at
J04 E. Hopkins on City Block #80. .
Pour La France is located in the Epicure building, with a lot size
of 6,000 s.f. I,S86 s.f. of the total 6,000 s.f. is open space.
This represents 26.4% of its lot size. Pour La France is requesting
that 207 s.f. (9 ft. x 23 ft.) of the I,S86 s.f. of open space area
be utilized for outdoor restaurant seating during the summer months
(approximately 13% of the total open space).
Roaring Fork & Spoon is located in the Seguin building, with a total
lot.size of 3,000 s.f. 790 s.f of the total 3,000 s.f. site is open
space. This represents 26.3% of its lot size. Roaring Pork & Spoon
is requesting 300 $.f. (IS ft. x 20 ft.) of the 790 s.f. of open
space area to be used as outdoor seating for the restaurant (approximately
38% of the total open space).
PLANNING OFFICE REVIEW
Comments from the Engineering Department dealt mainly with the Pour
La France landscape planter. They were concerned that, in the original
site plan for the proposed seating area, the planter encroached into
the right-of-way by approximately 3 feet. In the current application,
however, no right-of-way encroachment occurs. The planter was re.duced
to I foot in width and stands only on private property.
Comments from the City Attorney's Office stated that both of the
applications appear to comply with the intention of Section 24-3.7(d)(8).
It was suggested that the Planning Commission will need to make its
finding based on whether or not the proposed open space uses comply
with and are not detrimental to the purpose and intent of subsections
(d) (1), (2), (3) and (5). These subsections deal with open space
requirements and not the commercial use of op~n space and are, therefore,
not relevant to this review. They were dealt with at the time of
project approval and are not changed by the special revieVl applications.
It should be noted that, in the case of Pour La France, both the
Commercial Core and Lodging Commission (CCLC) and the Historic preser-
vation Commission (HPC) have approved the proposed plan. Both restaurants
operated outdoor seating areas during the summer months of 1983.
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Page 2
From a circulation and design standpoint, both applicants provide
for adequate access to and from the proposed outdoor seating areas.
While neither site plan shows precise table placement, sufficient
area exists for tables and circulation to occur. Also, access to
and from the interior of the buildings will not be hampered" given
careful placement of tables.
In the original GNP applications, outdoor restaurant seating was
an anti~ipated future use for a portion of the Epicure courtyard.
This intended type of outdoor and seasonal commercial use was not
referenced in the Seguin Building (Smith Building) GNP application.
PLANNING OFFICE RECOMMENDATION
The Planning Office recommends that approval be granted by the Planning
and Zoning Commission to Pour La France and the Roaring Fork & Spoon
restaurants to utilize the requested open space for outdoor restaurant
seating areas. If approved. the additional commercial square footage
would be usable only in the warm months of the year. We feel that
outdoor cafes actually enhance rather than detract from the usability
of private open space as proposed by the two applicants. Furthermore,
we think that this type of outdoor cafe use adds greatly to the viability
of streetlife and pedestrian experience which is so important to
Aspen.
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PROPOSAL:
To Use Open Space for Outdoor Sunwer Seating
Size & Location of Space:
The actual seating area would be approximately 207
~ square feet located between the Pour la France! cafe
and the sidewalk (along Main Street). We anticipate
placing around 6 to 8 tables in the area.
Dimensions of Planter:
34" high, The planter would be approximately 1 foot
wide.
Attached Plans:
The attached drawings indicate the area in question.
As drawn, the planter encroaches 3 feet onto...t.he existing
sidewalk - something for which we originally planned
to ask permission from the City Council. For time con-
siderations we decided to drop that request and we now
plan to build a smaller planter entirely on our own
property. The more narrow planter will retain the same
basic design and appearance that are shown.
Affect on Open Space:
We do not plan to enclose - and thus actually reduce -
any open space at all; however, we do propose to use
207 feet of the building's open space for open air seating
in the summer months. The building has 1,586 square feet
of open space, which represents 26.4% of its lot size.
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111111 The Hodge Companies Incorporated
Real Estate Development and Management. 1565 Jackson Street. Oakland. California 94612 . (415) 339-9300
May 19, 1985
Mr, Alan Richard
City of Aspen
Planning Department
130 South Galena
Aspen, Colorado 81611
He : Special review for outdoor dining at The Cantina
Dear Alan,
This letter is a formal request for an outdoor patio dining and cocktail use at
The Cantina in The Chitwood Plaza (411 East Main Street), I have enclosed a site
plan and elevation drawings of the patio area for your review, The actual floor
area for the prcject is 19,900 S,F, on a 9,000 S,F, site, The open courtyard on
lV'ain Street is 1,500 s. F , Pour La France uses 260 s. F, of the open courtyard for
their outdoor eating and we propose to use an additional 710 S, F, for ours, There
would be 32 seats at 10 tables for The Cantina.
We feel that this request is in keeping with the city's open space objectives in
that it maintains the open courtyard area which prcvides relief from the mass of
the building and yet developes an enjoyable park-like setting for our customers.
We intend to imprcve the courtyard area with perimeter planters (see detail blue-
print) ,a six foot diameter planting pedestal and new 18-20 foot (J~"-4" caliper)
emerald green maple trees. The paving surface will be a "Dutch Handmold Brick"
paver to match the new sidewalk design, It should be noted that the original Chit-
wood Building was constructed in the late 1800's before the need for open space re-
quirements and that, as was typical of those days, it covered its' entire site,
Please call me at 925-9220 if I can prcvide you with any additional information.
Thank you for your kind attention to this matter and please note that I have
enclosed a check for the $680 deposit towards review fees and a copy of the title
policy showing Hodge Capital Co. as owner.
pCRjrunr
Enclosures
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SCHEDULE A
Order Number:
1 31 30; Commitment Number:
1. Effective date:
May 02, 1985 At 8:1)0 /',,/'1..
2. Policy or Policies to be issued:
A. ALTA Owner'S Policy
Proposed Insured:
B ALTA Loan Policy
Proposed Insured:
First National.
and/or Assigns
c.
Beml( in Aspen
$
$
$
Amount of Insurance
Tax Cert.
1.100,000.00
Form 100
Porm 100.30
Premium
S 5.00
$1216.00
$ 243.20
S 243.20
3. The estate or interest in the land described or referred to inlhis commitment and covered herein is fee simple and title thereto is at the effective date hereof
vested in;
Rodge Capital Company
1. The !and referred to rr"! this commitment is described as follows:
Lots A, B. and C
Blc:ock 67
City and Townsite
County
O\:,iUdn,
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"-
~'~\>~pen
Sta~f
Authorized Countersignature
1652 (20M9!84)
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AGENT'S FILE COpy
Page 2
STEWART 'J'ITLE
G(TAHA:O;'[''\" COMP,\':'iV
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MOO~E PAPER FO~MS Hll.IIS10." (71:'1 ;'2S.\I191
TEAR HERE FOR CORRECTION
^
TAB STOPS
+
1(1 view of the pre numbered pages. when adding pages please VB!! thes<lme nUMber 31),j use A. B, C, etc. on ad.dtbnall)agflS.
+ t + + + +
"OlICYTYPE PROPERTY ~~~~~~? SOUflCE OF BUSINESS COUNTYCl}(
TYPE
1 4040 2 C 3 4 5 09'
_IA81L1TYAT REISSUE RArE llABiLiTY;loT SHOftTTERMRATE ESCROW CK
9 10 11
FIRST SPECIAL CHARGE (CREDIT) SECOND
TYPE AMO'JNT TYPE
" 15 16 17
-
~MuNiCiPAUrv-- SIMUI~fANEOUSPOliCv~.
~f' 7
ARGE ----.. AaS:rRACT"'Cj:~E-------
PREMIUM
8 $836.50
EXTRA WORK CHARG~
12
SPECIAL CHARGE (CREDI1.)
-~(i'C'NT--'-"---'.-
_.-l.:!_______________
13
THIRD SPECIAL CHARGE(CRE5i'i'}----
~~T---~~OuNr---------
___-E _
ALTAOWNER'S POLlCY-Amunde'd,lO/17!70
MC/KK
SCHEDULE A
Order No.: 13047
Date of Policy:
April 22, 1985 At 4:35 PM
Policy No.:
o 648957
Amount of Insurance: S
375,000.00
1. Name of Insured:
HODGE CAPITAL COMPANY
2. The estate or interest in the land described hetein and which is covered by this policy is:
FEE SIMPLE
3, The estate or interest referred to here.in is at Date of Policy vested in:
HODGE CAPITAL COMPANY
4. The land referred to in this policy is described as follows:
Lot D, Block 87
CITY AND TOWNSITE OF ASPEN
County of Pitkin, State of Colorado
/) I '
. ! 'I) II I
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AUTHORIZED COUNTERSIGNATURE
S'I'EWAR'r TI'I'LH
GUARANTY COMPANY
CODE 0012
Page 2
.
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,-.,
,-.,
MEMORANDUM
TO:
Paul Taddune
Barry Edwards
Dan HcArthur
Al Richman
Bill Drueding
Jay Hammond ~
FROM:
DATE:
.Tanuary 12, 1984
RE:
Requests for Encroachments into or vacations of Public
Right-of-I'lay
SOMe of. you May recall a memorandum last summer regarding the
establishment of a policy and procedure for the consideration
of requests for encroachments into City rights-of-way. Now
that the winter season has afforded me time tooursue the
matter, I am attempting to put forward an ul?dated procedure.
Based on your co~ents, it would al?pear that codification of
this procedure is advisable. Inclusion of submittal requirements
for encroachment or vac<ition requests, as well as specific review
criteria, should serve both to inform aoplicants of what
information is required as well. as what. considerations may suggest
denial of the request. As a policy, we have suggested the general
inadvisability of granting encroachment or vacation requests.
Codification of this procedure and review criteria as well as
the requirement of an application fee may help to discourage
the submission of frivolous requests.
Another change to the procedure involves the inclusion of
vacation requests under the same submission and review requirements
as encroachments. Several recent re,"!lll~sts ~or street and alley
vacations have pointed UP the need for a consistant nrocedure
for evaluating such requests. It would seem that vacation of a
City right-of-way is a concern virtually identical to encroachment
in that the City is giving up right-of-way in some form. Evaluation
of vacation requests under the same.set of criteria should serve
to address whether the City can afford to grant public right-of-
way on a permanent basis.
What follows is an outline of a suggested ordinance governing
the qranting of encroachment and vacation requests. I would ask
the attorney's office to recommend whether this item should be
an amendment to Section 19-5 or a new ordinance in the Code.
Procedure for Granting Encroachment into or vacation of Public
Streets
(a) Intention - To establish submission requirements
and review criteria for applications to encroach into or vacate
,
,
.~
r-
Page Two
Reouests for Encroachments into or Vacation of Public Right-
of-Way
,January 12, 1984
the public right-of-way in the City of Aspen.
or vacation requests shall meet the following
Drior to issuance ofa building permit or any
or other use of public right-of-way.
(b) Submittal Requirements -Applications for encroachment
licenses or street vacatiqns shall be submitted to the City of
Aspen Engineering Department and shall include the following:
All encroachment
requirements
grading, filling,
(I) Processing Fee - Upon submitting an apDlication
for an encroachment license or the vacation of a street,
the applicant shall be required to pay a processing fee as
established from time to time by ordiance of the City
Council.
(2) Letter.of Application - All encroachment/vacation
applications shall include ten (10) copies of a letter
addressing the following:
(i) Name and address of applicant or representative.
(ii) Name and address of property owners abutting
the area of the encroachment or vacation. In
the case of vacations of large tracts, letters
of support from a majority (all?) of the
abutting owners shall be required.
(iii) An explanation of the nature of the encroachment
or vacation requested. State the purpose for
Which. the encroachment is needed or the
rationale for the City to consider vacation.
(3) Site Survey - All encroachment/vacation applications
shall include ten (10) copies of a survey prepared by a
Colorado registered land surveyor Showing the following;
(i) One inch equals four hundred (400) feet scale
vicinity map showing the area for which the
encroachment or vacation is requested.
(ii) Property boundaries of all properties abutting
the area of the encroachment or vacation. AIl
boundary lines shall show bearings and
dimensions.
(iii) .Existing structures, improvements, and
landscape features, including trees greater
than six (6) inches in diameter, in the area
of the encroachment or vacation. Show all
existing fences, irrigation and drainage
improvements, curbs, gutters, and sidewalks.
"
...
.
,-.,
,-.,
Page Three
Requests for Encroachments into or Vacation of Public Right-
of-Way
January 12, 1984
(iv) Show the boundary of the encroachment or
vacation including bearings and dimensions
with adequate ties to existing monuments to
permit the legal definition of the encroachment
or vacation for exhibit purposes.
(v) Show all existing utility lines in the right-
of-way in which the encroachment or vacation
is requested.
(vi) Include the surveyor's certificate, signature,
and seal.
(vii) Date of preparation; scale, including bar type
or graphical scale; and true north arrow.
(c) Review Criteria - Following submission of an encroachment
or vacation request to the City Engineering Department it shall be
referred to the various city departments and utilities that may
be affected. Following review and comment by the refferal
agencies the Aspen City Council shall consider the request in
light of the following:
(1) Circulation - Does the orooosed encroachment or
vacation cause a.potential problem with regard to accessing
pronerty in the area. Could the request hinder area
circulation or prevent service vehicles or utility companies
from accessing facilities or other structures.
(2) Streets MaintenaJ:lce - Does the proposed encroachment
or vacation create a possible problem for street maintenance
or snow removal operations.
(3) Utilities - Could the proposed encroachment or
vacation interfere with existing or future utility needs
for the area.
(4 )
vacation
control,
Enforcement - Could the proposed encroachment or
create or aggravate an existing problem for traffic
city police, or fire department personnel.
(5) Expansion - Does the proposed encroachment or
vacation provide the opportunity for expanding the floor
area of structures. Would such expansion require Growth
Management approval. Vacated streets may not be included
in determining floor area ratios on a given ownership, they
may however, be built on.
(6) Income Space - Is the encroaching space intended
for commercial or other income-producing space. If so, it may
require a rental agreement with the City.
L..-
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Page Four
Requests for Encroachments into or Vacation of Public Right-
or-Way
_'anuary 12, 1984
(7) Adopted Plans - Considering whether the proposed
encroachment or vacation is consistant with any adopted
plan (ie. trails, maIls, improvement districts, etc.)
(8) Benefit - Considering whether the encroachment
or vacation is beneficial to the City of Aspen. As a
general policy, it is not in the City's interest to grant
encroachments or vacations, thereby giving oublic prooerty
to private use. New structures should be able to
accomnlish their various lleeds within the confines of their
procerty boundaries and required setbacks.
Granting of encroachments should generally occur under
one of the following conditions:
(i) To acknowledge an existing condition and
outline the owner's liability and res,?onsibility
for maintenance and removal of the encroaching
structure.
(ii) To license an encroachment that is a public
amenity. . Examples may include awning on
commercial structures, planters in the right-
of-way, irrigation systems to maintain
landscaping, etc,
vacation of public right-of-way should generally occur
under the following conditions:
(iii) It can be demonstrated that the city has not
used the right-of-way historically for
roadway, utility, or other purposes.
(iv) All affected utilities and governmental agencies
do not anticipate a reasonable future need
for the right-of-way.
Once again, I ask for your comments and suggestions regarding this
matter. Thanks.
JH/co