HomeMy WebLinkAboutLand Use Case.411 E Main St.16A-84
-
CASELOAD SUMMARY SHEET
City of. Aspen
'""
,,'i..
" ,:::~~~,::;:,'/.:,
. ' . J.~~":" ',. .. \
. . ':,~ ::/~ .", ..,:
.......'...
~,:',
,"
PRO.JECT NAME:
, ..
~I;,~~~~A...$:'~ ~ <; ~"tR ~\e...> '>
'So\..",- ~h.",..-\-' ~Q~$l ~,,:'"
APPLICANT:
REPRESENTATIVE:
TYPE OF APPLICATION:
I. GMP/SUBDIVISION/PUD (4 step)
1. Conceptual Submission
2. Preliminary Plat
3. Final Plat
II.' SUBDIVISION/PUD (4 step)
1.
2.
Conceptual Submission
Preliminary Plat
Final Plat
"'-"~
3.
III.
EXCEPTION/EXEMPTION/REZONING (2 stP.p)
IV.
SPECIAL REVIEW (1 step)
1.
special Review
use Determdnation
2.
Conditional US"
3.
4.
Other:
"'~\
...,
,. ,
CASE NO.
\I", 1\'::' "8 'i, .' '.. ;':,:
kc,. (:~':"".::'~,".k".(.~
STAFF:
- f.........f. \..1\ t_....c.(\
~A..~ ~.A.k~~~
Phone:
l\"'2..op'\i\,,\
'\2.T' ~'. (,,,""2. '.
; ::':'j,:,~;)
~~, ".-.}' : -',,"
:~!,i~:~&~:;:i1;r~'
i."/:':;;
".,...,....,
Phone:
(FEE)
',:,..,'.
,)",
e,,,
'\ .,.,. ~:
<hh \\',. ;;:,:""
:f y, >,:t~:~;;~ft/.
($2,130.00)
($1,640.00) .
($ 820.00)
.'.'.,.".>",.:.
"':"',:':'~ ,',
i;<:;".:".,e
.. /,':': ...C',-
'''o:;};;>>:'
::,<:->;'~>, ::::';,~
;: );:;:~ '0] .. ,
.,;.~",:,.,.
(Sl.900.00)
(Sl,220.00)
($ 820.00)
.,i~"::'
. ::'};.~;"...,:,
(5J.,490.00)
:,(,..,
($ 680.00)
'.
...
'.. .
,/t",~..,;.'
," .,'
.~ "
1_' ,'.
'. :~, .~
. ~:\:::::{"i,~::' "
.",
,.
P&Z I'.EETING DATE: """'""\ 1.:2-
CC MEETING DATE:
DATE
REFE~,""~"'~at1~~~:~":"~';'
REFERRALS :
~ity Attorney
____City Engineer
_____Housing Director
____Aspen Water Dept.
____City Electric
Environmental Hlth.
~spen Consolo S.D.
Mountain Bell
_Parks Dept.
____!loly Cross Electric
Fire }!arshall
Fire C~ief
.,
____School District
____Rocky Mtn.
____State Hwy Dept.
State Hwy
../ Building
_Other:
~ : :',' .
: " ~ .~ '..
FINAL ROUTI~G:
DATE ROU-:'ED:
slulf<! ,,~,";;,?J.~'iA
j:';,:;':i
,',.,',
~City Attorney
_City Engineer
____Other:
Other:
FILE STATUS AND LOCATION:
'.' -.
____Building Dept.
.',' :-'~:;:I:';"",
:
,I;
,'. "
, ~~\:y>
;;",
...~...,' ", .
.~, ,., ,"
" ,t~~~~:~{~.:::::::"
.,.t."'~"'';'';.'I'' '. ,"
, . _:::,,,,,,,,,,,",,,,,~,,,"i"
.~~~~:..<,:... . .
!'MJj~::.~~r, ''': " :. .
~~"'l'I;."""
~;./,; '.:: '-;'"1'"
:,....."
:ll.."
:I'~~,":'::;':;":':'"
; "f,~f~~::r:,: '.
. ~'I;\'",~ ...'"
. J:1i~.',::(~~~, ,:::.
.~.,.:...,..,.' .
~j,1)' C'. .
'_r> .:::. ,
~'t:.:~:C"'.
~~i .
,'":,
.~",
"".
....;:., .
.:D;::~:;;,~' ~
'-
-
DISPOSITION:
,~~"'~" ..:~, "..,:
,,'
':.~, ','~,~r
-D:"
'-"~
, I ~"d^I.....'
;: 2_
,
1"\?:4
l,\
I Ii"
/1
. ,)
.,7\;~
K)l,..\;..' .
CITY P&Z REVIEW:
, , r -.(-t--
I':)':: "1'"'~4""'t/
'.\ >7-(:,D
!
"
Y"':'i'::l
{.
. ;";'\>.
fn....- \'{:~"
I
\
..,', .
CITY COUSCIL REVIEW:
O::d i na nee No.
CITY P&Z REVIEW:
CITY COUNCIL REVIEW:
'.~
Ordinance No.
CITY P&Z REVIEW:
CITY COUSCIL REVIEW:
"
.:.
'(..
Ordinance No.
':':,~~,<..:;;,\,
"'''''':_'.~''.'_'___'.'''';''':'':''''_''h
'->-,..._.~'.-...."''- ._,._,,,,,,~....'-~-" .~
>' .~
..
.
.'"
!"""\
1""'\
-f'.1 e
MEMORANDUM
FROM:
Bill Dreuding, Zoning Enforcement Officer
Leslie Lee, Planning Office
TO:
RE:
Outdoor Restaurant Seating in Aspen
.
DATE:
May 24, 1984
=======================================================================
On Monday, May 22, 1984, special review approval was granted to Pour La
France and to the Roaring Fork and Spoon restaurants to operate outdoor
seating areas during the summer months. As I think you know, other
restaurants in the downtown which had, in past years, operated outdoor
cafes in required open space were contacted by this office in an effort
'to solicit the required applications. No other restaurants submitted
applications. Therefore, no others should be allowed to operate outdoor
seating areas in the absence of such a special review approval. Appar-
ently there are already restaurants which have begun illegal outdoor
operations for this season and should be contacted immediately.
From a public relations point of view, we would prefer that the City of
Aspen not have to "shut down" unapproved outdoor cafes in the middle of
the summer season. It would be better to enforce the code as soon as
possible before the summer gets underway. The City is very supportive
of outdoor restaurant seating in private open space, but only when
required approvals are obtained.
.
cc: Sunny Vann
Barry Edwards
Jay Hammond
Debbie Seguin
John Bennett
..
~
(--
MEMORANDUM
TO:
FROH:
Aspen Planning and Zoning Commission
Leslie Lee, Planning Office
. Pour La France
. Roaring Fork & Spoon
\\:
,\oj ,
,\:,)f'..r~', .,Y",I"'
:s"cXv'~ . "y)'1;,
, 'r,\ I ~
"bY.::'" u
vy' Q
RE:
Restaurant Open Space Review
DATE:
City Case No. 016A-84
May 22, 1984
=======================================================================
APPLICANTS' REQOESTS
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 411 E. Main Street on
City Block #87. The Roaring Fork & Spoon restaurant is located at
f04 E. Hopkins on City Block #80.
Pour La France is located in the Epicure building, with a lot size
of 6,000 s.f. 1,586 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 1,586 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.L site is open
space. This represents 26.3% of its lot size. Roaring Fork & Spoon
is requesting 300 s.t. (15 ft. x 20 ft.) of the 790 s.L 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 reduced
to 1 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 open 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 review 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.
~
./'
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 GMP applications, outdoor restaurant seating was
an anticipated 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) GMP 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.
~
",,--
.
~
.1"""'\
MEMORANDUM
TO:
FROM:
LESLIE LEE, . PLANNING OFpICE
JAY HAMMOND, CITY ENGINEERING ~
MAY 7, 1984
RESTAURANT OPEN SPACE RWIEWS
DATE:
RE:
-----------------------------------------------------------------
-----------------------------------------------------------------
This special review procedure was brought about, at least in
part, by our experience with an encroachment request from Pour
la France. The issue was raised as to the appropriateness of
using required open space as income-producing restaurant seating.
Pour la France, in order to utilize their adjacent open space
as seating, proposes construction of a substantial planter in
the right-of-way thereby providing a landscaping amenity without
sacrificing any private property to that purpose. Since landscaping
is one of the appropriate uses of private Dopen spaceD the question
became whether the applicants should be allowed to push the
planter area out onto the right-of-way. I have attached my
memo of October 3 on the matter.
One suggestion might be that the P & Z consider requiring that
a percentage of the open space be used for landscaping and perhaps
requiring a planted buffer of a specified minimum width between
the proposed seating and the right-of-way on the private property.
JH/co/RestaurantOpenSpaceReviews
Enclosure
c,::]p ~i1rl1u
.' '. -~);. J. ..... t I
..... - . - ~ .
MAY 1 0 1;~ 'Ii'
. ASPEN / PITKIN CO,
" PlANNING OFFICE
~.
,~
CIT
reet
611
MENORANDUH
TO:
Leslie Lee, Planning Office
DATE:
5/7/84
City Attorney~
FROM:
Barry D. Edwards, Assistant
RE:
Restaurant Open Space Review - Pour La France1
Roaring Fork & Spoon
We have reviewed your memorandum of April 23, together
with the application of April 15, 1984, by Deborah Sequin;
and, the application of April 10, 1984, by Pour La France
(John S. Bennett).
The applications appear to comply with the intention
of Sec. 24-3.7(d) (8), since the structures that have been
constructed or are proposed (fencing and a planter) are
contemplated in Sec. 24-3.7(d), the last parenthetical.
But, the planning commission will need to make its
finding that the proposed open space uses are not detrimental
to the purpose and intent of sub-section (d) (1), (2), (3),
and (5).
To that end, the drawing submitted by Roaring Fork and
Spoon lacks adequate dimensions; and, although the dimensions
are stated in the Pour La France application, they aren't
shown on its map either.
If you have any questions or conmlents, please notify
me. All in all, this appears to be a discretionary decision
by the planning commission under the section.
r
,,-..,
~
"o~~ F~I
~ ~.
BAKERY &. CAFE
4/24/84
This confirms that Pour la France I , Inc. has the
landlord's permission to put outdoor seating in the area
between its north window and the Main St. sidewalk.
~ r
~/~ -
fo The Epicurean
<;:t". " :S<::l\-.i.re::t. "-,, (~.:r.~)
Wholesale
~~i~~-'OO1
Aspen, Colorado 81611
(303) 920-1714
Retail
48&~tA-MI4l.glfs9t
Aspen Colorado 81611
(303) 920-1151
,-,
,-,
"'\
,,~ I..t f')~!
BAKERY &. CAFE
'...../'-
4/24/84
Dear Leslie:
Please add this to our outdoor seating application.
Collette had originally asked for it. but I only had it
in verbal form at the time WE submitted the earlier information.
Thank s f or your he lp .
SiP::1Y,
John S. Bennett
Wholesale
;300 pc ~~'I " :" nlth Street
Aspen, Colorado 81611
(303) 920-1714
"
411 E. Main
AlIpen. Colorado 81611
3031920-1152
Reloll
~D::\ :';outr, Mill Street
Aspen Colorado 81611
(303) 920-1151
~
/-
~
April 15, 1984
Re: Outdoor Dining
To whom it may concern;
The Roarin~ Fork and Spoon made every effort to contact
city authorities before establishing a patio business. After
being told to simply "go ahead", 11e did.
Accordingly, we have been serving food and beverages on
the patio since June, 1983. 'He serve lunch from 11 am to 3pm.
Our happy hour runs.from 3pm to 7pm. Dinner is served bpm to 10pm.
I own the building so there is no question about whether I
have the authority to use the space. Also, the area is referenced
in my liquor license.
,~.
~v;~<? We don't use the entire upper patio, but have fenced off
G (I approximately 2/3's of it. The other third allow:;; clear. access
".Jj J ~
'\00' to Nick's Fish Market on the main level and to Allen Anderson Healty
upstairs. The space vJe use is fenced to comply "lith liquor Im"s.
We hava 8 tables and 32 seats. These occupy approximately 38%
of the open space.
Sincerely,
,
~~
Deborah L. Seguin
Owner
'125 -&112-
3b" 1 r~.
--...................,
-.
i
f'.
Suh 4"~ = I I
\,::.,,, 2'
-----_"? ~--
G<1\o. . --=1I!-C:C~C~""7=~;~:;.~;:::;
<;p:...-::-- <<"'--"1 <:;:-"" <- ._~, 0,-, /L._S (
'> '~--!-._::::~,;~-----_:??> -.----;-)/ <;~
l f "
3'\! -
'- '-"1'"- !
1h\ ,
!
'Be) ^~. !
./
i
I
I
I
.
\
I
,
\
I
450Sq. I
( total)
/
,/
2~HIr .
-a,r'IG" ~\
I
't
lQ~-- .
t
B 1Ct\Q\c.~
:;>-2 "'';'/')~~
J <0L,."".} .)
);
\'5 ;
'.
I
i
I
( 1-;05)\"'1119 t;o(\\ "3roOh'S.c:ciTI\~ \ /~ '.'--r /......1
lbo ~(} )I. /, / //
/ (/..... L
I
64rVIC..C.
jnc)f
f- Cr ='0 \,,"''''
J
I
i
i
I
I
,\ I
3'10 ~.
J-OW\::.r-Y01\O
lo n;:h'no,
..,)
Grcc..l\ ho0'Sc.,
e:.. 3;)Gn f('C:3 \-) ':",$ h
I I , .
''''t'<-.
>
.. .~
-,
..-,
Vc,vl1- ~ F ~!
BAKERY &. CAfE
4/10/84
To: The Aspen Planning & Zoning Commission
We are asking your permission to use the open space in
front of our Main St. cafe for outdoor seating. The area falls
between our front window and the sidewalk, a space approximately
10 x 24 feet in size. The proposed seating area is owned by
our landlord. It would be separated from the sidewalk by a
low planter which would be filled with flowers and small plants.
The seating area, with its surrounding landscaping, would
greatly enhance the attractiveness of our block. The colorful
small sidewalk cafe - whether actually on the sidewalk or
immediately adjacent - is exactly the kind of thing that people
come to Aspen to enjoy. Outdoor cafes have a special character
and personality that are very much.' in keeping with the spirit
of Aspen and we believe they should be encouraged wherever
possible. They appeal equally to locals and visitors alike -
it was commOn in front of our former cafe on Mill Street to
see tourists taking turns photographing each other seated at
one of our sidewalk tables.
The outdoor cafe, in short, is a delightful and popular
addition to downtown Aspen. We believe that it represents a
valid and positive use of open space that does not conflict
with but rather is very much in harmony with the philosophy
and intention of the open space requirements.
Both the Commercial Core and Lodging Commission and the
Historic Preservation Committee have unanimously approved our
plan. We hope you will be similarly inclined.
Thank you for your consideration.
Sincerely,
~ $'. l'f~
John S. Bennett
Chairman of the Board
of Directors
Wholesale
300 i'uppy SI , ,ill, Slreet
Aspen Colorado 81611
(303) 920-1714
411 E. Main
Aspen. Colorado 81611
303/920-1152
Retail
108 ?cdh Mill Slroot
Aspen, Colorado 81611
(303) 920~1151
'":.
.
1"""\
~.
PROPOSAL:
To Use Open Space for Outdoor Summer 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 the 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.
~.r) ~_'
r'-..
,-...,
..
MEMORANDUM
FROM:
Aspen City Council
Jay Hammond, Assistant City Engineer~
TO:
DATE:
October 3, 1983
RE:
Pour La France Planter Encroachment
Applicant's Request:
The attached letter and site plan were submitted by John
Bennett, on behalf of Pour La France, requesting an
encroachment license for their Main Street restaurant.
They are requesting the license for the purpose of
constructing a planter in the right-of-way. Also attached
is a memorandum from the Commercial Core and Lodging
Commission, as well as a copy of the minutes of the
Historic Preservation Committee meeting of August 9, both
in support of the project.
Referral Comments:
The City Attorney's office commented that:
II 1. Although the encroachment area itself would not be
used for commercial purposes, placing the planter on
the right-of-way instead of the applicant's property
does expand the private property area usable for
commercial purposes. This type of request (a la
O'Leary's) is therefore distinguishable from the
normal encroachment request (for canopies, rock
fascia, etc.) and might be considered more as a
mall lease than an encroachment license.
2. On the other hand, the planter will increase the at-
tractiveness of the Main Street frontage.
3. I believe the outdoor dining space is going to be
reviewed by the P&Z. This encroachment request should
follow, or be in conjunction with, that review."
The Zoning Officer had the following comments:
"1. Visiting the site I noticed the fire hydrant between
the pr~posed encroachment and the curb. Does this
pose an access prOblem?
__..I .~
~
~
.,
J "'--.
Page Two
Pour La France Planter Encroachment
October 3, 1983
2. It might be noted that the restaurant use in the
required open space is in the process of a Planning
& Zoning commission review as required in Section
24-3.7(8).
3. The area south of the proposed encroachment is required
open space. Open space must be open to the street
with certain exceptions such as fences and landscaping.
Does this oroposed bulk and encroachment meet the
intent of these exceptions?"
Review:
li-
In looking at the site plan for the proposed planter, it would
appear that the encroachment will be for the planter alone
and seating will not actually occur on the right-of-way.
It is also the stated intention of the property owner to
place trees in the sidewalk adjacent to the curb on Main
Street. It would be possible to put in treeS and the proposed
planter while still leaving the required eight foot sidewalk
due to the width of the Main Street R.O.W.
As noted by the Zoning Officer, there is a fire hydrant in
the sidewalk that would probably need to be relocated to allow
a clear sidewalk.
Recommendation:
While the applicant is not proposing to utilize the right-of-
way as income producing seating area, it is clear that by
piacing the planter outside the property line the maximum
available soace is usable as.seatina. The anplicant is
proposing to provide an amenity to both the right-of-way
and the restaurant in the form of landscaping without
sacrificing any private property.
In our recent attempts to establish a City policy regarding
granting of encroachments, we have generally tried to discourage
licenses for new construction on the theory that all new projects
should contain all functions within the property. In view of
the fact that this structure is new and that placement of
seating in the project "open space" eliminates a substantial
area intended for landscaping on the property, the City
Engineering Department recommends denial of the Pour La France
encroachment request.
Council Action:
If Council agrees, the motion should read as follows:
to deny the ~our La France encroachment request."
"Move
j> .
~. ..~
,~
~
)~.-
Page Three
Pour La France Planter Encroachment
October 3, 1983
If Council wishes to approve the request, we would suggest
the following motion: "Move to approve the Pour La France
encroachment request subject to the following:
1. Relocation of the fire hydrant at the applicant's
expense to a location approved by the City Engineer.
2. Execution of an encroachment license agreement satisfactory
to the city Attorney."
JH/co
Enclosures
.