HomeMy WebLinkAboutcoa.lu.sr.Wienerstube.06A-85
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CAsELOAD SUMMARY SHEET
City of Aspen
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REPRES EN TAT IV E:
Representative Address/Phone:
Type of Appli cation:
I. GMP/SUBDIV IS ION/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
III. EXCEPI' ION/EXEMPI'ION/REZ ON ING (2 step)
IV. SPECIAL REV IEW (1 step)
($1,900.00)
($1,220.00)
($ 820.00)
($1,490.00)
($ ~6.00
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Special Review
Use Determination
Condi ti onal Use &~A"""~"~
Other:
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~ CC MEETING DATE: . ~ .;2..-/ PUBLIC HEARING: ~ NO
DATE REFERRED: ~O/j.,--fNITIALS: ~
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REF~RALS :
vi ~City Atty ____ Aspen Consolo S.D. ____ School District
~ City Engineer ____ Mtn. Bell ____ Rocky Mtn. Nat. Gas
_ Housing Dir. ____ Parks Dept. ____ StateHwy Dept (Glenwd)
_ Aspen Water ____ Holy Cross Electric ____StateHwy Dept (Gr.Jtn)
_ City Electric ____ Fire Marshall VBldg: Zoninq!Inspectn
_ Envir. Hlth. ____ Fire Chief ____ Other:
==============================================~-=-===============~==
FINAL ROUTING: DATE ROUTED: s:; INITIAL:V-
_ City Atty City Engineer ____ Building Dept.
....-.::. Oth e r : ____ Oth e r :
FILE STATUS AND LOCATION: rr; '~ cMrrv f,/I~~ V>uV~
6sper.;t 5 \-z. "\ \s-~
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Ci ty Council
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, Reviewed By:
Aspen P&Z
Ci ty Council
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MEMORANDUM
TO:
Aspen Planning and Zoning Commission
FRON:
Alan Richman, Planning Office
Wienerstube Conditional Use - Outdoor Dining
RE:
DATE:
~Iay 21, 1985
====~~==~==========================~==========================~========
APPLICANT'S REQUEST
The applicant, Carinth ia, Inc., d/b/a The Wienerstube Restaurant,
requests approval to amend their conditional use permit to provide
outdoor dining service in a proposed 950 to 1000 square foot patio
area during the summer months. P&Z approved a conditional use permit
for the Wienerstube to relocate to 307 South Spring Street (the Old Post
Office Building) located in the C-l zone district, on December 4,
1984. The applicant also received a GMP e).emption to add 500 square
feet of space to the building, principally to provide for a covered
entr ance ar ea on Hyman Aven ue and to pr ov ide a roof for th e cool er at
the rear of the building.
PLANNING OFFICE REVIEW
This proposal should be revie\~ed according to the conditional use
criteria of the Code, specifically, Section 24-3.3 (b) stating that
the Commission should determine whether the proposed use:
1. Meets all zoning Code requirements,
2. Is consistent wit.11 the intent of the zone,and
3. Is designed to be compatible with surrounding uses.
The application should also be reviewed as a special review request
for a commerical restaurant in required open space as per Section 24-
3.7 (d) (8) since the area in question significantly reduces the open
space on the property. The Commission should be aware, however, that
this building was originally constructed in the 1960' s, prior to the
imposition of an open space requirement in this district, and that my
crude calculations indicate a reduction to about 30% open space on
the site, still above the 25% required in the zone. I believe a detailed
calculation of this value by the zoning official may result in a
val ue below 25%, and therefore, recommend that you undertake the
special review to cover all possible outcomes.
The proposed dining area is located on the northern and western edges
of the property, wrapping around the Human Avenue side of the building
onto the side used for parking. As the site plan (which \~ill be
available at your meeting) demonstrates, the area does not intrude
upon either the sidewalk or the parking area. Instead, it is to be
slightly stepped up from grade, with a fence, hedges and planter to
delineate its extent, and a temporary awning for covering.
The Planning Office finds that the P&Z should consider the following
issues in its review:
1. The appl i cant represent s th at at th ei r pri or location th e
outdoor space, intended for about 60 guests, normally
operated in-lieu-of use of the indoor space during the
summer months. The applicant, therefore, anticipates no
additional impacts as a result of this space, including no
additional staff to be hired nor added parking to be provided,
beyond the 10 off-street spaces already offered.
2. The applicant proposes to construct a protected wind-break
in the delivery area, covering an additional 85 square feet
A.
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,
of floor area. Since the applicant has already used the
full 500 square foot growth management exemption available
to any commercial building, it is represented that the
overhangs on the south and east sides of the building lvill
be eliminated to compensate for any possible FAI, increase.
During a site visit, I found that these overhangs had
already been eliminated to make room for the new addition
proposed herein.
3. The Planning Commission has already found the proposed
restaurant use to be consistent with the intent of the C-l
zone, vlhich is for uses not primarily oriented toward the
tourist population. The Planning Office finds the outdoor
dining use to be similarly consistent Ivith this intent as it
will serve the many local patrons of the restaurant in this
neighborhood and throughout the town. We also do not find
that the use "derogates the purposes of the open space
requirement" (Section 24.3.7 (d) (8)) since it makes the
area around the building more usable and will enhance the
attractiveness of the site due to the patio r s design.
4. The only issues which should concern the Planning Commission
as to compatibility with neighbors are those of potential
noise and/or odors from the outdoor operation. Since
conditional use is a public hearing, these questions can best
be answered by comments from neighbors vlho attend the
meeting. Hovlever, we have received one written comment, from
long-time neighbor Patricia Moore, enth usiastically supporting
the proposal.
5. The Engineering Department has looked at the proposed design
and found that it does not adversely affect the sidevlalk or
pa r ki ng ar ea and th at th e loading dock continues to meet
Code requirements for service areas. Their review, and that
of other referral agencies, has resulted in no additional
concerns for you to address.
PLANNING OFFICE RECOMMENDATION
The Planning Office recommends that you grant conditional use approval
and special review approval for the Wienerstube to operate an outdoor
dining area of about 950 to 1000 sq. ft. in the location proposed,
subject to the applicant complying wi th the FAR limitations previously
placed on the building Ivhich limits the cumulative addition to the
entire building to no more than 500 square feet.
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CHARLES ,CUNNIFFE' & ASSOClATE'S/ ARCHITECTS
P.O, SOX 3534, MPEN, COLORADO 81612 TELEPHONE 303/925-5590
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CHARLES L. CUNNIFFE, A.IA.
May 15, 1985
Mr. Alan Richman
, City ~of Aspen .
Planning Department
1)0 South Galena.Street
iAspen, ,Colorad,08:l611
Dear A1ani
It, was good to'meet you the other day. The following 'is
a lis,t of areas forth-e- Wieners tube Restaurant and the Old
Post Office Building as youreC!.uested.
, BUILDING AND SITE AREAS:
Original Build ing :
New Covered Area:
New Cooler Area:
New Delivery Area:
Total New Area I
Total New Areal
Total
Total
Area of
Area of
Sitel'
Building:
=
TOTAL
52% OPEN
SPACE
5175.60 s.f. @ footprint
168.56 s.f.
192:0 s.f.
114.0 ,s.f.
474.56 s.L Ground Floor
140.0 ,s.f. Second Floor
,12,000
.5,790.16
s.f.
s.,f.
950.0 s.f.
44% TOTAL
OPEN
SPACE
Proposed Outdoor Dining:
=
If therea-re any questions please feel free to call.
Sincerely,
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To:
From:
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Date:
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liENORANDUH
Janet Raczak, Planning Office ~
Elyse Elliott, Engineering Office ~
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MAY-61985
Weinerstube Outdoor Dining Conditional Use Review
May 2, 1985
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This department has reviewed the above application and made a
site inspection and has no problerils with it.
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ASPE~PfTKIN A~GIONAL BUILoDINl:.. DEPAt:lTMENT
MEMOR:ANDlJM
TO: Janet .ll.aczak" Planning'
FROM: Patsy Newbury, Zoning Official
DATE: ,Apri:l 23, 1985
RE:, Wieners tube Outdoor Dining Conditional Use Review
Case No. 006A-85
1. The proposed outdoor eating, area along Hyman Avenue takes' out about 40'
of sidewalk. I' think, that is 'pret'ty ridiculous.
2. The bui:lding is presently at maximum for allowable floor area allowed
under previous review"
3.' The new, awning already appears to encroach the sidewalk _ Do they have
an,encroachment license?
4. The proposed eating area ,would also r~quire an encroachment lic,ense,
5. Information ,received does not show lot lines so, the rear dining area
may also encroach into adjac'ent property"
PN!ar
'""-
officli!ls:
11,0 EaSt Hallam:St:reet: '
Aspen. ,Colorado 81611 303/925-5973
mail address:
50S Ea.t: Mam St:reet:
ASpen. 'Colorado 81611
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APR23-
SPEN
ree t
611
FROM:
Barry
April 22, 1985
TO:
Janet Raczak,
DATE:
RE:
Wienerstube Outdoor Dining Conditional Use Review
Case No. 006A-85
We have reviewed the application of March 6, and its
addendum of March 10, 1985, together with the drawing of the
proposed use dated March 5, 1985 enclosed with the application.
The City Attorney's office is informed of the application,
and has no comment at this time. We will be present, of course,
at the planning and zoning commission meeting on May 21.
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11.
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PUBLI C NOTI CE
RE: Wienerstube Outdoor Dining Conditional Use Review
NOTICE IS HEREBY GIVEN that a public hearing will be held on May
21, 1985, at a meeting to begin at 5:00 P.M., before the Aspen Planning
and Zoning Commission, to consider an application submitted by Carinthia,
Inc., d/b/a Wienerstube Restaurant, requesting conditional use approval
for th.~ (:rp~rrl.tinn of a pati,y uining are<t i~! the C-:l ~Ol!"::' f^-:; h; r :l~;t.-.
The Wienerstube Restaurant is moving to the Old Post Office building
on Spring Street and Hyman Avenue. The Wienerstube is requesting
conditional use approval for patio dining at their new location, 633
E. Hyman, Aspen, Colorado.
For further information,
Office, 130 S. Galena, Aspen, CO
contact the Aspen/Pitkin Planning
81611 <3030} 925-2020, ext. 225.
s/Perry Harvey
Chairman, Aspen Planning_
and Zoning Commission
====================================~=================================
Published in the Aspen Times on April 18, 1985. ,
City of Aspen Account.
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PATRICIA MOORE
610 East Hyman Avenue. Aspen, Colorado 81611 · Phone 303 925-3523
TO Colette Penne. P&Z. Aspen
DATE
L~-12-85
SUBJECT
As the Wiener Stube is moving across the street from where I have lived and
worked since June 1964. I feel I ~ auld extend an enthusiastic welcome.
I have been an admi rer nf both IIIr Nlayri tsch and Mr Schoeff I er for the many
years they have been in the restaurant business in Aspen. I have found their
gardens an inspiration and have consulted with Iv\r Schoeffler from time to
time about mine.
I ho~e they wi II do extensi ve gardens in their new location and that there
will be massive quontities of room for tables for outdoor dining. Everything
these gentlemen have done in the past has been impeccable and I am sure
they wi I I carry through in the same manner in their new location.
Congratulations to the 600 block of East Hymm for having captured such
splendid neig~bors.
V~
Patricia ~
Form ML8.N7Z (!;)lne Drawing Bo.rd Inc.. Bo> 505. D~II~s, Texas
'---.--
CERTIFICATE OF MAILING
I hereby certify that on this //{/J day of ~ ,
198~ a true and correct copy of the attached Notice of Public Hearing
was deposited in the United states mail, first-class postage prepaid,
to the adj acent property owners as indicated on the attached list of
adjacent property owners which was supplied to the Plannaing Office by
the applicant in regard to the case named on the public notice.
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Nancy ,Crell i
etTy/eOUNTYPLIl-NNJN.O,,"iCi ."
130 S, ,i,~ i::>,)'A ;:-
AaPEN: eOL-ORADO a,." :;-.:;
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130 C' t::::>JA
ASPEN, (;01..,>,..,(.,',) 81811
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I'<ETUF,N TO SENDER
NO FDF,WAHD:r:NG mmE:!', ON FIq
UNABLE TO FOI',WAI'<D
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Gerald P.
Box 1282
Aspen, CO
& patricia D~ Long
81612
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620 Hyman Associates
Donald J. Fleisher/James Cox
620 E. Hyman Avenue
Aspen, CO 81611
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send to:
Box 321
Aspen
81612
BLOCK 100,CITY Ah'D TO~"'SITE OF ASPEn
S~ of LOTS A,B & C
GERALD 1'. & PATRICIA D. LONG
Box 1282
Aspen. Colorado 81612
N~ of LOTS A, B [. C
H [. B CO"WANY,A Colorado Partnership
Box 1709
Aspen, Colorado 81612
LOTS D & E
LEMOS. LEHOS, CUTTS & LENOS
Boris M. & Dora L. Lemos r~)
Donald H. & Je~nnie M. Lemos (~)
James A~ [. Karen D. Cutts (~)
Barbara S. Lemos ,(~)
6635 De Longre Avenue
Hollywood. California 90028
LOTSF-l
MOUNTAIN STATES CmJ}RJNICATIONS
George A.. Vicenzi & Martin Flug
[., Craig Rowley ,
Box 2238
Aspen. Colorado 81612
LOTS K - M (Northerly Portion)
~. MARTIN CERISE (~) & ROBERT L.
KOPP & CO. (~)
Box 100
,'Aspen. Colorado 81612
RE:
Carin'thia,Inc.
, for /""'"'Ii'-tio
Distri,
- Application
Use, C-I
LOTS 11 - I
W. R. \.!,\LTON
Box 665
Aspen. Colorado 81612
LOTS K - L
'E. r;ORRIS & GOODIUCH H. TAYLOR
602 East HymauAvenue
Aspen. Colorado 81611
LOT M
PA;'RICIA }:OORE
610 East lI)"=n Avenue
Aspen. Colorado 81611
LOTS N - 0
, ,
~~'~'A~~~;~ SIGn
:LOTS P - Q
620 HUlAN ASSOCIATES. A ColoraClo Joint
Venture Composed of:
Donald J. Fleisher (1/6)
James Cox (5/6)
620 Eas t ll)'1Ilan Avenue
A~pen, Colorado 81611
LO:r-S. R - S
Jack S. Crandall
Box 1066
Aspen. Colorado
(~) & GESINE CRANDALL (I
81612
---------------------=-=---=-c.c---_-c-='
**See Reverse Side --------------------- - --- -- --- - - .
BLOCK 101, CITY AND To~mSITE or ASPEN
LOTS P - S
CHATEAU ASPEN CONDOMINIUMS - 22 '-units
Chate~u Aspen Condo Association
731 East Durant Avenue
Aspen. Colorado 81611
--------------------------------------
BLOCK 99, CITY AND TOW/SITE OF ASPEN
LOT5A-B
GARY G. & LESLIE J. TROYER
601 E. Hopkins Ave.
Aspen. Colorado 81612
LOT C
GEJ~D G. TROYER
601 E. Hopkins Ave.
Aspen, Colorado 816ll
LOTSD-E
LESLIE JEAN S}IITIl
601 E.-Hopkins Ave.
Aspen, Colorado 81612
LOTSF-G
ANN E, ClIAP}1AN
Box 3150
Aspen . Colorado
ALL
ASPEN SQUARE CONDOS - 105 units
Aspen Square Condo Association
617 E. Cooper Avenue
Aspen, Colorado 81611
-----------------------------------------
-----------------------------------------
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BLOCK, 96, CITY AND TOWNSITE OF ASPEN
E 5' of LOT G & ALL OF LOT H
STEIN ERIKSEN
,Box 1245
Aspen, Colorado 81612
LOTS Q, R [. S
AJAX }IOUNTAIN ASSOCIATES. LTD.
c/o Stephen J. Marcus
Box 1709
Aspen. Colorado 81612
============================c=~===a===_=
BLOCK 95, CITY AND TOHNSITE OF ASPEN
LOTS G, II & I
DIKRAll DINGILIAN, A.S.
.160 West 225th Street
New York City, New York 10463
-,
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BLOCK 95 CONTINl'ED
E2~' OF LOT Q & ALL OF R & S
C.A. MUER CORP.
1548 Porter Street
Det,roit, Michigan 48216
--- --------------------.--"'--- ------------
---- -------------------.-'------ ----------
BLOCK 104, CITY AND TOWNSITE OF ASPEN
LOTS A & B
JAMES \'Y. HAMMOND, JR. and MAX WILLI)I~'1S
Suite 200, 16800 Dallas Parkway
Dallas, Texas 75248
LOTS C & D
EDGE OF AJAX CONDOMINIUMS
Unit 1 - Mike Fitzgerald
520 East Durant Avenue, #204
Aspen, Colorado 81611
Unit 2 -
Thomas F. Kane
39 Prospector Hill
Summit, New Jersey
Avenue
07901
Units 3,4,5 - Edge of Ajax, Inc.
Box 2202
Aspen, Colorado 81612
LOTS K, L, M & N
Y;EO-:A. ROWLAND
c/o Dennis R. Lucas
2907 Hill AvenUe
Grand Junction, Colorado 81504
----------------------------------------
----------------------------------------
BLOCK 105, CITY AND TO,VNSITE OF ASPEN
LOTS A, B, C & D
HANNAH DUSTIN BUILDING ASSOCIATES
Box 2238
Aspen, Colorado 81612
LOTS E, F, G, H & I
ELAINE KRAUT
18145 Colline Vue Boulevard
Brookfield, Wisconsin 53220
LOTS K, L, M, N & 0
BELL MOUNTAIN LODGE, INC.
Box 328
Aspen, Colorado 81612
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MEMORANDUM, ,'.
TO:
v6ty Attorney
C~ Engineer
yRl'fiilding: Zoning
Enforcement Officer
FROM:
Janet Raczak, Planning Office
RE:
Wienerstube Outdoor Dining Conditional Use Review
Case No. 006A-85
April 10, 1985
DATE:
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Attached for your review is an application submitted by Albert Kern on
behalf of the Carinthia, Inc., d/b/a The Wienerstube Restaurant
requesting Conditional UBe-approval for, the operation of a patio dining
-area in the C-l zone district. The Wienerstube Restaurant is currently
moving to the Old Post Office building on Spring Street and is requesting
this approval for patio dining at that location.
Please review this material' and return your referral comments to the
Planning Office no later than May 7, 1985, in order for this office to
have adequate time to prepare for its presentation before P&Z at a
public hearing on May 21st.
Thank you.
,-"
,,-,
TELEPHONE (303) 925-7411
......
ALBERT KERN
ATTORNEY AND COUNSELOR AT LAW
480 E. HYMAN STREET
ASPEN, COLORADO 81€l1l
April 10, 1985
City of Aspen
Planning & Zoning Department
130 South Galena Street
Aspen, Colorado 81611
Attention: Ms. Colette Penne
RE: Addendum to Application for Patio Use
Approval - C-l District
Weinerstube Restaurant
Dear Colette:
You have requested an addendum to the application filed
by Carinthia, Inc. on March 6, 1985 with regard to the basis
for support of the additional outside restaurant seating.
On December 4, 1984, the Planning & Zoning Commission
granted conditional use approval for the Weinerstube Restau-
rant to be located in the C-l District, anticipating interior
use for approximately 100 people. The previous lessee of the
space, Sumo's, was granted conditional use approval for its
restaurant seating approximately 168 people. It is the in-
tention of Carinthia, Inc. to provide patio seating for ap-
proximately 60 people during the summer months, which would
be in lieu of interior seating. Based on many years of pre-
vious experience at its present location, the use of the
patio seating is normally substituted for interior use during
the warmer weather season and thus will not create an in-
creased pressure in the neighborhood. It is further antici-
pated that no additional automobile traffic will be created
by the use of the patio space because of the restricted use
of the interior space during those times in which the patio
will be open. It is felt that the patio will be an attractive
addition to the old post office building similar to the Weiner-
stube's present patio.
1""'-,
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City of Aspen
Planning & Zoning Department
Page Two
April 10, 1985
With regard to the Applicant's desire to construct a
wind-break in the delivery area of the new restaurant, I am
now advised that there will be no increase in the square
footage under growth management in that the building over-
hangs on the south and east sides of the building will be
eliminated to the extent that there will be no additional
square footage increase.
Yours very truly,
~jjJ/(:A~
Albert Kern
AK/mc
cc: Carinthia, Inc.
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ALBERT KERN
ATTORNEY AND COUNSELOR AT LAW
430 E. HYMAN STREET
ASPEN, COLORADO 81611
TELEPHONE (803) 9.25-7411
March 6, 1985
City of Aspen
Planning & Zoning Department
130 South Galena Street
Aspen, Colorado 81611
Attention: Ms. Collette Penne
RE: Application for Patio Use Approval
C-I District - Wienerstube Restaurant
Dear Collette:
This is an application by Carinthia, Inc., d/b/a The
Wienerstube Restaurant for conditional use approval under
the Aspen Municipal Code. The Wieners tube previously has
received approval to operate a restaurant in the C-l Dis-
trict in a portion of the old Post Office building utilizing
approximately 3,500 square feet.
The Applicant desires to provide outdoor service in the
patio area (see plans attached hereto) during the summer
months, weather permitting. The patio will contain 18 tables
with 60 seats on the north and west sides of the restaurant
which will be enclosed by a wrought iron fence and hedges.
There will also be planting areas in the northeast and north-
west corners of the patio. The total patio area will consist
of 950 square feet, of which 169 square feet is presently under
the existing building eaves leaving a net area of 781 square feet.
In addition, the Applicant desires to erect a new temporary awn-
ing, for use during the summer months, connected to the build-
ing for coverage of approximately 1/2 the patio area. The awn-
ing will be 404 square feet and will cover a net area of 327
square feet of the proposed patio after deducting the present
building overhang.
The patio service will be similar to the Wienerstube's
present operation and will serve some of its customers during
the warmer days in Spring and Summer. This area will be at-
tractively fenced and hedged along its perimeters and will be
_/-
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City of Aspen
Planning & zoning Department
Page Two
March 6, 1985
an attractive seasonal addition to the restaurant operation.
Additionally, the Applicant desires to construct a pro-
tected wind-break in the delivery area located in the south-
west corner of the building. The wind-break will cover a
total gross area of 125 square feet but will only add a net
coverage of 85 square feet after deducting the present over-
hang of 40 square feet. This additional wind-break is neces-
sary for the protection of the delivery entrance from the
elements. It will be constructed in keeping with the build-
ing's design.
It is believed that the proposed additional use for the
restaurant is compatible with other restaurant uses in the sur-
rounding area and will not create deleterious consequences to
the neighborhood.
AK/mc