Pitkin County appears poised to end its pandemic-era authorization for expanded restaurant seating, though one business is pursuing an extension outside of the provision’s scope.
Beyul Retreat is the only remaining business utilizing a temporary seating area, according to Community Development Director Suzanne Wolff. The retreat center near the Meredith community is pursuing a permit to make the tent permanent, which will be considered at a Feb. 12 meeting of county commissioners.
Since 2020, the Merry Go Round Restaurant at Aspen Highlands, the Sundeck at Aspen Mountain and the Woody Creek Tavern utilized the provision. It was renewed in 2022 and 2023.
The Pitkin Board of County Commissioners will consider repealing Emergency Ordinance No. 027-2020 during its meeting on Wednesday. The BOCC unanimously approved its repeal on first reading on Dec. 4, and staff recommends repealing it on second reading.
Questions over the applicability of the ordinance to Beyul Resort’s temporary permit for a tent held up the first shot at a confirmatory vote on Dec. 18.
“I would call the pandemic over. We are not in that situation anymore,” said Commissioner Steve Child at the Dec. 18 meeting, adding that it would be “appropriate” to repeal the 2020 ordinance.
During public comment, some neighbors of the Frying Pan resort alleged that Beyul had violated the intent of the permit program.
Melanie Buccholz, who identified herself as a homeowner in the upper Frying Pan Valley, filed a comment virtually ahead of the Dec. 18 meeting and attached over 300 pages of screenshots and transcripts aiming to prove that Beyul’s use of the temporary tent did not meet the original intent of the pandemic seating ordinance.
“I am specifically concerned with the tent’s use as a concert and music venue they have had since the beginning,” she said on Dec. 18. “There are no tables in that … COVID tent, no food served, no restaurant open.”
The Upper Frying Pan Valley Caucus submitted a letter to the county on Dec. 4 outlining similar concerns regarding the tent and facility capacity.
Abby Stern, co-founder and general manager of Beyul, defended use of the tent at the Dec. 18 meeting.
“We very much have food service, and a lot of it,” she said. “Yes, we have had music. And there's also something really powerful about singing together and about dancing together.”
Stern said that Beyul “wants to be in regulation” and is working with county officials to ensure that.
Ultimately, the BOCC voted to continue the discussion on the pandemic ordinance to Wednesday amid plans for staff to investigate the claims that were made on Dec. 18.
In the agenda for Wednesday’s meeting, county staff wrote, “It is clear from information submitted by neighbors that the tent has been used as part of the ongoing operations of the guest ranch, and that the use of the tent in the past was not limited to an expansion of the restaurant seating area and was in violation of Ordinance No. 027-2020.”
Per county staff, Beyul Retreat obtained approval to utilize a tent in 2021 through September 2022. The retreat center did not obtain a necessary permit for the tent until late 2024, after the violation was discovered. Beyul is now using the tent under a temporary structure permit that will expire on March 25.
With that permit in place, staff wrote in the agenda that they believe repealing the pandemic ordinance will not conflict with Beyul’s temporary permit.
Wednesday’s meeting will allow public comment, but decisions relating to a permit for a permanent tent at Beyul will be made on Feb. 12. The county has a process for land use applications that may or may not include code violations.
