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HomeMy WebLinkAboutbocc.min.spec.03071983 '��; - :,t.. . ;�.;: , - — - _ �i, ` ; e ' .a,s ' ;.t ♦ 4 " • .' �� . , . �''4.. 1 � :��.��?7�i�R ,.., vr��r:<„ ., . ,t� �b��:.: A�s ��� �� �''7y, s.��r ��' z n� ''F-�?{}� �� .�' �-;+i��.:�i:.,"'..r�,s. ..`.B.+a.�� kaae�..,reM�1''r�k[�.d.t...rx. ..,�..,�,t.ua:.J�+�.r:-....�.�3:5�.'�....+a,� :;-.".«.cCk��c.-.'r..n..,..,.b.�.tEif�4�i.�� ..... k'i✓�� �;�, �.i,`.. .�. ;� � :� t:� t� ;.� ;:� j.e{ i:l `� PITKIN COp[VTY ,75:�•,. . �`� BOARD OF CCNMISSIOI�RS ��� j� 4 =. . ' 3 SPECIAL MEETING 7 MAR�.'Ei, 1983 � ��PRESENT: GEORG� MADSEN, THCt7AS BLI,KKE, ROBERT W CfiILD, FIELEN KLANDERUD, MIC9iAEL KINSLEY � j, 4 5� �����.����� ' . �?�Public The Boazd convened a special meeting to continue the public k�aring on Ruthie's ;�Hearing Con't: Restaurant. Discussion was continued from the previous reon,�a,-�eting, at the request �Ruthie's � _ of the applicant, to allow for a presentation before the entire Board. Colette Penne - •r � o£ the Planning Office explain�d that the applicant has requested approval for the � � nighttime operation of the restaurant, both during the winter and s�res months; v; �: * daytime winter and s�r approval was �„ granted during the past several months. The �� applicant has pmposed to institute a requised reservation syst�n and provide all t? � access to and from the facility. The Planning Office expressed sane concern with visual � �� ". inpacts, as the facility would be visible £rom town, and with the Yyousing rern.irements; �. �Y �.— � the Housing Director has indicated that fifteen (15) e�loyees must be housed, whereas .i the applicant has only agreed to house seven (7). A more important consideration, �� however, concerns the Code; the facility can only be agproved if found to be accessory to the principal recreational use of the subject area, as restaurants are othenvi.se !� � �: prohibited in the AF-1 zone. Although such a finding was made with respect to daytime j operations, the Planning Office was unable to find that the nighttime use of the ;: restaurant would be accessory, and reoo�rtrended denial on this basis. i ' Assistant Planning Director Alan Richccan explained that the City Engineer has �• � expressed sottie concern with pazki.ng in the base area during the s�r months. He �':�,;'� ::° � has requested an opportunity to discuss parking with the applicant, so as to ensure � � ' .� . ..� that adequate facilities are pmvided. It has been suggested that a tennis court owned =: C'.. by the applicant and utilized for parking in the winter, remain as a parking area , during the swm�er months also. Lennie Oates, representing the applicant, agreed to resolve this issue in conjonction with the City Engineer. He also not� that the . applicant would agree to e�cecute an agreement with the County that vrould allow for the enforcement of the rern,;red reservationJtransportation systan proposed by the � applicant. Kinsley explauied that he was supportive of the daytime use of the proposed facility � R,� , ,'�Cartnissionex's Meeting 7 March, 1983 - 1 �;. �;�� i - , .i i � �.__....�.n�._4.�..�.w...__ ;, ,t::` . , `>{:u, � � s� • F �r �� & . ¢..�uvSq;c� ``r �. � J -�; M '�yJ�r�hrti�. �l�Zi�S j�s��x,�� ,$!�t� � S } �flY,�. �'��, �.� �„��4.: �.�,-s�a.� ii r�•�}y�� (�tif ...i� � kGt�'� ��y�t, '`�����Ip���..�"r� rY � ��f4 �CY'� ��� . � r �„� �,� :�C+�,���t^�.7: V :� J/itl4 it ;�.atS��> �,'� ti��Gi f';C q'd r � i`$� �:M ��-.. t. j`i?t3an.�..v_ . #,�..:_t.�..+.. "'° i•Y* ' . � :hj!!G'sY+�w -..s;.. !�.....,..... .� _.<,:..-...- . ^.�� . . .a...�,.:a;ic,s.�x- :..w+.,.:..u.stS.h 2 , f :� t:; ;� as such was considered a valuable �nenity and as such was permi.tted by zoning. He ;:� expressed some concern, however, with night use, particularly with respect to the n ;��..,'3 ertq�loyee housing requirements and the Land Use Code. The housing of £ifteen (15) �� + � . �' :] eRployees as proposed by the Housing Director only represents one third (1/3) of the � ,. . t-L�:,y.-,i - total rnmiber of �loyees required for the facility, and c,rould require that the ��`,:. . �''. comrnmity subsidize the balance, It was not considered appropriate that the crnmiunity E . �V�: ��;; subsidi2e this development, and neither was it considered realistic that enQloyees �'�;'. be housed on the moimtain. Kinsley was also concerned with the confoimance of the �,� �=.;.', �-��>: application to the Code; the Code was considered a tool establishing a unified �.:us:. . yt�,r.,, . (,e� regulatory system for land use throughout the County, and intended to px�otect the �-.' �? ublic Y�alth, safet and welfare_ S ecific criteria have been identified so as to �-_;,�: P Y P _ a';.'.° achieve this end, and vari.ous uses have been established as appropriate for ceztain " ` ?� zone districts. It was not felt that the nighttime operation of the proposed facility _ '3��.; - could be considered accessory as defined by the Code, and to al]Aw for such may ;N"; ''' i encoura e other uses not tible with the zone. If additional restaurant ace was r..,l 9 �a SP �� d `�'' � necessary on Aspen Mountain, Kinsley suggested it may be more appropriate to expand �`: ���:': ``=�i. existing facilities. He then moved to deny the night use of the facility based upon �, lk.v� � ; incompatibility with the Code and as the e�loyee housing requirements were not , z �:{ satisfied. Child seconded. �~ ! Madsen was supportive of the application as such was oonsidered a valuable �[ienity, t :� k � and suggested that the Board consider approval subject to a public review of the `r� '; r-�' operation within one (1) year. He also questioned the basis for denial as a somewhat �;�,, � � similar operation, the Cross Country Cookery, operates an Snoc�mass. Kinsley explained �• � �'� that thi.s particular facility is situated within the 'Ibwn 7-imi-ts, whose zoning allavs � ;� for this use. �'�:�� Qates explained that the concessionaire recently myt with the Housing Direetor, and �^ � YY' has agreed to house fifteen {15) e1[ployees. He also noted that a new restaurant 3 � '�' can �t be constructed if its use is limited to a six (6) month period; building costs � , L`i,� ��' and the tap fee rec�,;red by the Aspen Metro Sanitation District are such that extended "�3 hours may be necessaty for the facility to operate. ",T . '�T� Kinslep noted that, if the required tap into the Metro Sanitation District was a �� pivotal financial consideration, he would be willing to review this rec��ir�nent again. ,� Madsen suggested that the Board review the issue of accessozy uses, as this type of : + zestaurant was considered an appropriate use in rtast resorts. He then asked for i; ��N' � additional com�nts; there being none, the hearing was closed. The motion initiated by Kinsley passed with opposition fran Madsen and Blake. � �� ---------- r . �,f,` � t--. Com[ussi I` _ � � -y.�'.,}.�.,y,:;-�Y, . , � 't�T,� '�F� :�� . �a:1�i / .. T� ' '^� `' . 1 � . ,._�`��� ..t�m ������� ���t .,�A..'.���l.r. E {� Y ¢ :[.. �' ' ,�;4 � � ,�d� 715•,�._ s.y�a�..� ��b„ 1 +�T .. , ''� Y .? . . ..h ,, JF`l�r� �+"�gy�'� . . . . . .c ... . . . . T.�..� . tf.-.� �u . . I Fy_ �*�� There being no further business, the meeting was adjourned. ;'i,,., +�:,? ��,,., t� ---------- ' �.�• � ,r• 4„,:. �.� �� . �. ::.,{;:'• :,�� :;_�:;>- � :::t; !::y.., ,"*, ully Submitted, !'`�, � � % +- Deputy Co�mty Clesk � Chairnian ' / e , �; �ti �}. , •t k •� Y yr.'Y 9f�-: y� ' :u'r� !F �,' :i �'" �i`j ;� �� � . ::' � �i� v 5 �, .y. ,. �� � f,' ~ Y C�' r�; i � ,6�r:,. 4?`i Ei,�� �: � �.�., y�ti�,� :•�;•. '� _ _ �. �. � 1 �I t � � t=� �,,..; � , 7 "9arch, 1983 - 3