Popcorn Wagon returning, but must go through historic review

by Curtis Wackerle

Aspen’s Popcorn Wagon is about to be reborn with a new structure as it navigates the twists and turns of city bureaucracy.

The latest in a series of Popcorn Wagon owners, Marcus and Dena Marino, who also own nearby D-19 restaurant, sought to renovate the old wagon when the food stand — as famous for its late night gyros as its popcorn — closed for the off-season. But the city issued a red tag in June, forcing work to stop on the new wagon, when it learned that the Marinos had actually scrapped plans to renovate the old wagon and instead were building a new one. Apparently, the old wagon was more far gone than originally thought, with little working plumbing and a badly damaged floor, according to city Community Development Director Chris Bendon.

The Marinos declined to comment for this article.

“I didn’t get the impression from them that they intentionally went beyond the original scope,” said Bendon.

The red tag remained in effect for about one week, until the owners came to an agreement with the city that allows them to continue to get the wagon ready for the summer but compels them to appear before the city’s Historic Preservation Commission later this summer in a special meeting, which has yet to be scheduled.

The wagon is phasing its opening and should be up to full operation in the coming weeks.

Like all other structures in the commercial core, which was designated as a historic district in the 1970s, the wagon is subject to HPC review whenever the property owner wishes to alter the exterior.

The wagon is a bit of a gray area, Bendon said. The old wagon, which Bendon said was more like a vehicle that had been parked for years near the corner of Hyman and Mill, was not subject to HPC review. Nor was it considered historic; nor was it mentioned in the saga of Ordinance 30, which sought to impose tougher historic preservation standards on structures as recent as 30 years old.

But the new wagon, which is more of a “fixed structure,” must be subjected to HPC review, said Bendon, noting that the definition of  what does or does not go before the HPC is a bit of a gray area.

“The line that was crossed was it is a permanent, fixed structure, as opposed to a wagon,” Bendon said.

The HPC has review powers over the design of new structures in the commercial core, and its design guidelines have helped shape the infill legislation-spurred projects that have been prevalent in Aspen during the past few years. However, the guidelines don’t particularly speak to structures such as the Popcorn Wagon, which Bendon said should make for an “interesting review.”

Bendon noted that the old wagon “wasn’t on anyone’s list” for having potential historic value, unlike 98 other post-World War II structures in Aspen whose owners must receive special permission from the city if they wish to renovate, expand or demolish them.

“It certainly is a social landmark,” Bendon said.

curtis@aspendailynews.com