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`� PITKIN COp[VTY
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�`� BOARD OF CCNMISSIOI�RS ���
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3 SPECIAL MEETING 7 MAR�.'Ei, 1983 �
��PRESENT: GEORG� MADSEN, THCt7AS BLI,KKE, ROBERT W CfiILD, FIELEN KLANDERUD, MIC9iAEL KINSLEY �
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�?�Public The Boazd convened a special meeting to continue the public k�aring on Ruthie's
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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;
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* 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
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� access to and from the facility. The Planning Office expressed sane concern with visual �
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inpacts, as the facility would be visible £rom town, and with the Yyousing rern.irements; �.
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� 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 !�
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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
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restaurant would be accessory, and reoo�rtrended denial on this basis.
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Assistant Planning Director Alan Richccan explained that the City Engineer has
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� 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 � �
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..� that adequate facilities are pmvided. It has been suggested that a tennis court owned =:
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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
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applicant.
Kinsley explauied that he was supportive of the daytime use of the proposed facility �
R,� ,
,'�Cartnissionex's Meeting 7 March, 1983 - 1
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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
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;��..,'3 ertq�loyee housing requirements and the Land Use Code. The housing of £ifteen (15)
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�' :] eRployees as proposed by the Housing Director only represents one third (1/3) of the
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- total rnmiber of �loyees required for the facility, and c,rould require that the
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�''. comrnmity subsidize the balance, It was not considered appropriate that the crnmiunity E .
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��;; 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
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�-��>: application to the Code; the Code was considered a tool establishing a unified
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(,e� regulatory system for land use throughout the County, and intended to px�otect the
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�? ublic Y�alth, safet and welfare_ S ecific criteria have been identified so as to
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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
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- could be considered accessory as defined by the Code, and to al]Aw for such may
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''' i encoura e other uses not tible with the zone. If additional restaurant ace was
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`�'' � necessary on Aspen Mountain, Kinsley suggested it may be more appropriate to expand
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``=�i. existing facilities. He then moved to deny the night use of the facility based upon
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� ; 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,
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and suggested that the Board consider approval subject to a public review of the
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r-�' operation within one (1) year. He also questioned the basis for denial as a somewhat
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� 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
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YY' has agreed to house fifteen {15) e1[ployees. He also noted that a new restaurant 3
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'�' can �t be constructed if its use is limited to a six (6) month period; building costs �
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��' and the tap fee rec�,;red by the Aspen Metro Sanitation District are such that extended
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hours may be necessaty for the facility to operate.
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'�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
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��N' � additional com�nts; there being none, the hearing was closed.
The motion initiated by Kinsley passed with opposition fran Madsen and Blake. �
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�*�� There being no further business, the meeting was adjourned.
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,"*, ully Submitted,
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% +- Deputy Co�mty Clesk � Chairnian '
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�,,..; � , 7 "9arch, 1983 - 3