HomeMy WebLinkAboutLand Use Case.CU.219 E Durant Ave.1985-CU-1~>
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DATE:
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Aspen Planning and Zoning Commission
Colette Penne, Planning Office
Chart House - Conditional Use and Exemption from Growth
Management
February 5, 1985
_____________________________________~________^__~_____________= Y-x=~
LOCATION: 219 E. Durant Avenue
BONING: L-1
APPLICANT'S RBQUEST:
The applicant is requesting exemption from growth management and an
expansion of heir Condition Use Permit for 500 additional square feet.
PLAPNING OFFICE RE9IEw:
Section 24-11.2 (h) allows exemptions from growth management for the
expansion of an existing commercial use by not more than 500 square
feet for the purpose of providing a small addition of space which can
be shown to have minimal or manageable impact upon the community -and
can b2 justif.ied by the benefit which will accrue to the wmmunity.
To substantiate that any resulting impact is minimal. or manageable,
findings should be made that:
a. A minimal number of additional employees are generate3 by the
expansion or the application will provide additional employee
housing;
b. A minimal amount of additional parking demand will be created or
that parking can be accommodated on site;
c. There is minimal visual impact on the neighborhood; and
d. Minimal new demand is placed on services available at the site
such as:
(1) water;
(2) Sewer;
(3) Roads;
(4) Drainage; and
(5) Fire Protection.
In addition, since restaurants are a conditional use in the L-1 zone,
the suitability of an expansion should be determined by considering
the following criteria:
a. Whether the proposed use otherwise complies with all requirements
imposed by the zoning Code;
b. Whether the proposed use is consistent with the objectives and
purposes of this zoning code ar,d the applicable zoning district;
and
c. If the proposed use is designed to be compatible with surrounding
land uses and uses in the area.
The proposed additions meet all area and bu1R requirements (although
there are existing non-conformities in other setbacks) and the location
of tk~,e restaurant within the L-1 ::one is compatible with the surrounding
uses and convenient. The location on Durant Avenue :~af:es the Chart
Rouse accessible by public transportation, pedestrian usage, and
although the current parking spaces are in on-street locations (mostly
~ i ..~
along Monarch) there is easy automobile access which appears to be
very workable. There is also a parking lot to the southwest of the
Restaurant which is mostly used by skiers during the day. The restaurant
presently has a footprint area of 5716 square feet and proposes to
expand by 500 square feet. The resulting FAR on the site will be
approximately .52:1, while the district allows an external FAR of
1:1. Approximately 508 of the site will be apen space. The L-1 zone
requires at least 258 open space. The requirements for height and
distance between buildings are also met.
a The additions will be made along the rear of the building facing Dean
Street and at the southwest corner. This placement is sensitive and
will have minimal visual impact on the neighborhood. The square
footage will accommodate a larger lounge/waiting area, a seafood bar
and expansions in storage and office space. The breakdown is as follows:
Lounge (4.5 x 28) 126 sq. ft.
Storage (14.5 x 6) 87
Office (14.5 x 8) 116
' Bar (10 x 16.9) ],69
TOTAL 498 sq. ft.
Larger restrooms are being built and the circulation between the. bar
area and the dining room is being upgraded. Office and storage space
is being lost to accommodate the restroom expansion and will be
replaced as .part of this proposal. The bar and waiting area is
currently inadequate for the dining capacity of the restaurant, but no
add__.' nal dining capacity---will result from his expansion. The
Engineerin partment reports that they-do not anticipate' an increase
in water usage, trash generation, etc. Additional parking requirements
may not be generated, but the addition of the two parking spaces as
shown in the alternative plan will help to alleviate any resulting
problem. Lastly, since seating capacity for dining is not being
expanded, no new employees will be generated.
'r PLANAING OFFICE RECOMMENDATION:
The Planning Office recommends approval of Special Review for the
purpose of a GMP exemption for the expansion of the Chart House
Restaurant by not more than 500 sg. ft. and an expansion of the
existing Conditional Use Permit with the following condition:
1. The two parking spaces shown on Alternative #1 be instituted.
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THOdfAS WELLS 8. ASSOCIATES ARCHITECTS
71450t1TN~MILI STREET ASPE N. COLORADO 616 t1 TELEPHONE 303923-7919
Deceaber 31, 1984
Aspen Planning and Zoning Commission
P. Q., Box V
Aspen CO 81b11 Re: ChartHouse Restaurant
Dear Members;
EncIlosed are four copies of the drawings of
proposed renovations and additions to the
subject project together with a check for the
S68Dw..00 application fee. Proof of ownership
and lease will be submitted under separate
cover. Per our telephone conversation with
Alaxr.Ri.chaond of last week, we are requesting
that this. application be included on the agenda
o£ your Ee'bruary 5th meeting. ~
The priaary intent of the proposed work is to
prolfide lar er public restrooms_as well as new
circulation between the-Bar Area and the Dining
Room in floe exitsting building. There will be
no additional dining capacity. The additional
--. _
floor area indicated, which meets the SOO
agwnre foot GMP exemption provision. is to make
up for the office and storage spaces lost by
the restrooa expansion, and to provide a small
aawnt of Bar and Waiting Area which is now
inadequate for the existing dining capacity.
The existing building is a conditional use in
the:L-1 zone, and the setbacks, parking, etc.
are existing nonconforming conditions. All
new•work is within the required setback lines,
and: since no additional dining capacity is
being provided, there will be no increase in
stay, existing non-conformity.
V t y truly\yo~jurs, RC~~C..+a2S ~~...~gQSe hate '. 1~~ T~,..~
Thomas O_rWCel/1's ~V.C~ 1.-~~~~.~..~ `..AS 6.\`D~.~ A
Architect l.t `O aJlv,k .
C' \'[L/•""• A~ S \ Cam- ~ `'4 .ti
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MEMORANDUM
To: Colette Penne ''00/~n/
From: Elyse Elliott"~D/e
Date: January 25, 1985
,,
~.
Re: Chart House Restaurant Addition Special Review
Upon reviewing the application and making a site inspection of
the Chart FIouse Restaurant, which is in the L-1 zoning district,
the Engineering Department has the following comments:
L-1 zoning dictates that there be 258 open space per building
site. The restaurant presently has a footprint area of 5716
square feet and proposes an addition of 500 square feet for a
total area of 6217 square feet. This will leave 488 open space
on their site of 11,962 square feet.
The proposed addition is located along the side and in the rear
of the restaurant. It will not affect the restaurant's compliance
to front, side and rear yard setback requirements. The restaurant
will also continue to meet the criteria for height, distance
between buildings and floor area ratio.
Since the proposed addition is to enlarge the restrooms and
waiting area, an increase in customers is not foreseen. Therefore,
we do not anticipate an increase in water usage, trash generation
or parking requirements. However, we feel that the applicant's
alternative plan (labeled Alternative 41) , wY.::.:i allows for the
addition of two parking places would help to alleviate the
parking problem at the Chart House Restaurant.
For these reasons,
application.
we see no problem with this Special Review
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CITY ~ ~~PEhT
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130 south galena street
aspen, Colorado 81611-
``303-925-2020
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MEMORANDUM
DATE: January 14, 1985
TO: Colette Penne, .P,~lJ~anning Office
FROM: City Attorney/~i-~_
RE: Chart House Special Conditional Use Review
Under Section 24-11.2(h) the Chart House may make this expansion
of less than 500 square feet subject to the special review of the
Planning and Zoning Commission. The Commission must find the
__ following:
1. A minimal or manageable impact on the community, and
2. That the expansion can be justified by the benefit which will
accrue to the community.
For the first requirement, the Commission should make findings
that:
(a) A minimal number of additional employees are generated
by the expansion or the application will provide addi-
tional employee housing;
(b) A minimal amount of additional parking demand will be
created or that parking can be accommodated on site;
(~c) There is minimal visual impact on the neighborhood; and
(d) Minimal new demand is placed on services available at
the site such as
(1) water;
(2) Sewer;
(3) Roads;
(4) Drainage; and
(5) Fire Protection.
The applicant has, at the behest of the Planning Office, submitted
two plans. One of these plans shows two required parking spaces
on-site. The Commission may require the addition of those two
parking spaces if they feel that the addition of this square foot-
age will not constitute a minimal amount of additional parking
demand.
MU/mc
T0: Aspen Planning and Zoning Commission
FROM: Colette Penne, Planning Office
RE: Chart House - Conditional Use and Exemption from Growth
Management
DATE: February 5, 1985
LOC~TIOP: 219 E. Durant Avenue
ZOHIPGs L-1
APPLICBNT'S RSQOffiT:
The applicant is requesting exemption from growth management and an
expansion of their Condition Use Permit for 500 additional square feet.
PLAPPING OFFICE RSVIBA:
Section 24-11 .2 (h) allows exemptions from growth management for the
expansion of an existing commercial use by not more than 500 square
feet for the purpose of providing a small addition of space which can
be shown to have minimal or manageable impact upon the community and
can be justified by the benefit which will accrue to the community.
To substantiate that any resulting impact is minimal or manageable,
findings should be made that:
a. A minimal number of additional employees are generated by the
expansion or the application will provide additional em ployee
housing;
b. A minimal amount of additional parking demand will be created or
that parking can be accommodated on site;
c. There is minimal visual impact on the neighborhood; and
d. Minimal new demand is placed on services available at the site
such as:
(1) Water;
(2) Sewer;
(3) Roads;
(4) Drainage; and
(5) Fire Protection.
In addition, since restaurants are a w nditional use in the L-1 zone,
the suitability of an expansion should be determined by considering
the following criteria:
a. whether the proposed use otherwise complies with all requirements
imposed by the zoning Code;
b. Whether the proposed use is consistent with the objectives and
purposes of this zoning code and the applicable zoning district;
and
c. If the proposed use is designed to be compatible with surrounding
land uses and uses in the area.
The proposed additions meet all area and bulk requirements (although
there are existing non-conformities in other setbacks) and the location
of the restaurant within the L-1 zone is compatible with the surrounding
uses and convenient. The location on Durant Avenue makes the Chart
House accessible by public transportation, pedestrian usage, and
although the current parking spaces are in on-street locations (mostly
along Monarch) there is easy automobile access which appears to be
very workable. There is also a parking lot to the southwest of the
Restaurant which is mostly used by skiers during the day. The restaurant
presently has a footprint area of 5716 square feet and proposes to
expand by 500 square feet. The resulting FAR on the site will be
approximately .52:1, while the district allows an external FAR of
1:1. Approximately 508 of the site will be open space. The L-1 zone
requires at least 258 open space. The requirements for height and
distance between buildings are also met.
The additions will be made along the rear of the building facing Dean
Street and at the southwest corner. This placement is sensitive and
will have minimal visual impact on the neighborhood. The square
footage will accommodate a larger lounge/waiting area, a seafood bar
and expansions in storage and office space. The breakdown is as follows:
Lounge (4.5 x 28) 126 sq. ft.
Storage (14.5 x 6) 87
Office (14.5 x 8) 116
Bar (10 x 16.9) 169
TOTAL 498 sq. ft.
Larger restrooms are being built and the circulation between the bar
area and the dining room is being upgraded. Office and storage space
is being lost to accommodate the restroom expansion and will be
replaced as part of this proposal. The bar and waiting area is
currently inadequate for the dining capacity of the restaurant, but no
additional dining capacity will result from this expansion. The
Engineering Department reports that they do not anticipate an increase
in water usage, trash generation, etc. Additional parking requirements
may not be generated, but the addition of the two parking spaces as
shown in the alternative plan will help to alleviate any resulting
problem. Lastly, since seating capacity for dining is not being
expanded, no new employees will be generated.
PLJiPPIPG OFFIC& RBCOl1!lSPDATIOA:
The Planning Office recommends approval of Special Review for the
purpose of a GMP exemption for the expansion of the Chart Bouse
Restaurant by not more than 500 sq. ft. and an expansion of the
existing Conditional Use Permit with the following condition:
1. The two parking spaces shown on Alternatiyve #1 be instituted.
THOMAS WELLS & ASSOCIATES ARCHITECTS
314 SOUTH MILL STREET ASPEN, COLORAOO 81611 TELEPHONE 303 925-7817
February 4, 1985
Aspen Planning and Zoning Commission
PO Box V
Aspen, CO 81611
Re: Chart House Restaurant
Dear Members:
I have reviewed the planning sta££ memorandum
on the subject project and would like to add
the Following comments:
Although the alternate site plan indicates two
parking stalls as requested by the planning
o££ice, 2 do not Feel that the addition o£
these two stalls is a practical suggestion.
Most important is that at least two street
spaces would be lost in order to gain the new
spaces within the property. Secondly, the
existing retaining wall would have to be
relocated to accommodate the grading
required. This would seem to be an
unreasonable expense For the questionable gain
o£ the two stalls indicated.
V ry trul ~c'G/s,
r
Thomas 0. Wells
Architect
CHE Inc.
PUBLIC NOTICE Iln, I Ji~IN f 4~
RE: CHART HOUSE CONDTTIONAL USE REVIEW
NOTICE IS HEREBY G1VEN that a public hearing will be held on
February 5, 1984, at a meeting to begin at 5:00 P. M., before the Aspen
Planning and Zoning Commission, in Aspen City Council Chambers, 130
S. Galena Street, Aspen, Colorado, to consider conditional use review
for an expansion of approximately 500 square feet to the Chart House
Restaurant which is located within the L-1 zone district. Restaurants
are subject to conditional use review within the L-1 zone district.
For further information, contact the Planning Office, 130 S. Galena
Street, Aspen, Colorado 81611 (303) 925-2020, ext. 225.
s/ferry Harvey
Chairman, Aspen Planning
and Zoning Commission
Published in the Aspen Times on January 17, 1985.
City of Aspen Account.
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PROJECT NAME:
APPLICANT: l(.
Applicant Address/P
R EPRES ENTAT IV E
Representative Addr
Type of Application:
CASELOAD SUMMARY SHEET
City of Aspen
CASE NO..~A
STAfFF: C_
C~...~;~a..,l Vii?
I. G11P/SUBDIV IS IOM/PUD ( 4 step)
Conceptual Submission ($2,730.00)
_ Preliminary Plat ($1,640.00)
Final Plat ($ 820.00)
II. SUBDIV IS IOII/PUD ( 4 step)
._ Conceptual Submission ($1,900.00)
Preliminary Plat ($1,220.00)
Final Plat ($ 820.00)
III. EXCEPTION/EXEIiPTIO17/P,EZGNIPIG (2 step), ($1,490.00)
_~ n~_ cnFr7AL REUIEI9 (1 step) ($ «~ ~~~ /
~ Special Reviee:
Use Determination
Conditional Use
Other
P&Z CC i1EETING DATE: ~e-'O ~ PUBLIC HE I G: YES NO
DATE REFERRED: I~ 'INITIALS:
REFER.RALS:------____°____________________________ '_____-____________
~// City Atty Aspen Consol. S. D. School District
City Engineer tit n. Bell Rocky Eitn. Nat. Gas
_ Housing Dir. Parks -Dept. State Hwy Dept (GlerN~d}
Aspen I•later Holy Cross Electric State Hwy Dept (Gr.Jtn)
City Electric Fire llarshall ~ Bldg: Zoning/Inspectn
Envir. Hlth. Fire Chief Other:
FINAL UTING: / DATE ROUTED: ti IP]ITIAL:.~
City Atty City Engineer / Building Dept. UUU
0th er • Other
FILE STATUS APID LOCATIOPi:s~e-wv ~„~(,a
CASE DISPOSITION: _
z `r:::
Reviewed by: ,Aspen P&Z City Council
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Reviewed By: j Aspen P&Z City Council
CASE NO/~. Al L• B~ /5, - ®`EC-RL IS T
CASE NAME: L ~>~RT I~fVI~~ •~~R'IQC~~~ //~
1. RECEIPT PREPARED
2.
3.
4.
5
6.
7.
8.
9.
20. CASE LOGGED Ol'I ADJACENT PROPERTY Q7NERS NOTIFICATION
IIJITIAL/NA*
CASE ASS IGNED IdUPiBER ~C/
NUfIBER LOGGED Ild ACCOUI7TIISG BOOKS ~~y
I7UIIBER LOGGED Oid BULLETIN BOARD LIST
CASELOAD SUI•IIdARY SHEET PREPARED
CASE ASS IGIIED DliTE FOP, FIRST/`PdLY REV IE47 '~~..i
CASE LOGGED II7 BLACY. B 00 K ~'-
CASE LOGGED OId ADJACENT PFOPERTY 06.71dER5 NOTIFICATION
REFERRAL IlEI70 PPEPARED AND SENT OUT
10. PUBLIC 170TICE PREPAPED
11. DATE BY i,]HICH BUST BE PUBLISHED:
12. DATE BY i'7HIC'H [iUST BE NAILED TO ADJACENT PROPERTY
Oi7NERS: /'/9•SS
13. PUBLIC bIOTICE TAKEN TO AS~,PEi7 TIDIES
(Date Published: I 1 ~S )
14. DATE PUBLISHED LOGGED ON ADJACENT PROPERTY Oi9idERS
NOTIFICATIpI7 LIST
15. PUBLIC IIOTICE I'11ILED TO AIa7ACEIdT PROPERTY Oi^7NERS
(Date [?ailed: )
16. DATE MAILED LOGGED. Oid ADJACENT PROPERTY 0671dERS
t70TLFICATI0D1 LIST
17. PUBLIC IdOlICE I'IAILED TO APPLICANT(S)
(Date 1?ailed: )
AFTER FIRST REVIEW F APPLICABLE
18. CASE ASS IGNED 1]ATE FOR SECOND REV IEP7
19 . CASE RE-LOGGED IN BLACP: E OOIi
Case ido. -Checklist
Page 2
21. PUBLIC NOTICE PREPARED
22. DATE BY I~7HIC`I IfUS1 BE PUBLISHED:
23. DATE BY i•7HICH RUST BE 1'IAILED TO ADJACENT PROPERTY
OU7I]ERS
24. PUBLIC tIOTICE TAKEbi TO ASPEP3 ^tII.]ES
(Date Published: )
25. DATE PUBLISHED LOGGED Oid ALUACEP?T PROPERTY Oi•IP7ERS
PIOTIFICATIOf7 LIST
26. PUBLIC NOTICE PIAILED TO ADJACENT PROPERTY (X4PIERS
(Date Bailed: )
27. DATE I1IILED LOGGED ON ADJACEP?T PROPEL TY O49NERS
NOTIFICATION LIST
28. PUBLIC NO1^ICE P•'lAILED TO APPLICAPIT(S)
(Date I7ailed• )
AFTER REV IEW COEIPLETED
29. COPY OF RESOLUTION/ORDIP7AD]CE OBTAINED APID IN FILE
30. CASELOAD SUPIBIARY SHEET ROUTED t'7/FILE (if applicable)
*NA =Not Applicable
MEMORANDUPI
To: Colette Penne n
From: Elyse Elliott"~Je
Date: January 25, 1985
Re: Chart House Restaurant Addition Special Review
Upon reviewing the application and making a site inspection of
the Chart House Restaurant, which is in the L-1 zoning district,
the Engineering Department has the following comments:
L-1 zoning dictates that there be 25~ open space per building
site. The restaurant presently has a footprint area of 5716
square feet and proposes an addition of 500 square feet for a
total area of 6217 square feet. This will leave 48~ open space
on their site of 11,962 square feet.
The proposed addition is located along the side and in the rear
of the restaurant. It will not affect the restaurant's compliance
to front, side and rear yard setback requirements. The restaurant
will also continue to meet the criteria for height, distance
between buildings and floor area ratio.
Since the proposed addition is to enlarge the restrooms and
waiting area, an increase in customers is not foreseen. Therefore,
we do not anticipate an increase in water usage, trash generation
or parking requirements. However, we feel that the applicant's
alternative plan (labeled Alternative #1), whic:7 allows for the
addition of two parking places would help to alleviate the
parking problem at the Chart House Restaurant.
For these reasons, we see no problem with this Special Review
application.
CITY
130
asp
,;.~ 2 119E15
DATE: January 14, 1985
TO: Colette Penne, Planning Office
FROM: City Attorney/~~- ~~,
RE: Chart House Special Conditional Use Review
Under Section 24-11.2(h) the Chart House may make this expansion
of less than 500 square feet subject to the special review of the
Planning and Zoning Commission. The Commission must find the
following:
1. A minimal or manageable impact on the community, and
2. That the expansion can be justified by the benefit which will
accrue to the community.
For the first requirement, the Commission should make findings
that:
(a) A minimal number of additional employees are generated
by the expansion or the application will provide addi-
tional employee housing;
(b) A minimal amount of additional parking demand will be
created or that parking can be accommodated on site;
(c) There is minimal visual impact on the neighborhood; and
(d) Minimal new demand is placed on services available at
the site such as:
(1) Water;
(2) Sewer;
(3) Roads;
(4) Drainage; and
(5) Fire Protection.
The applicant has, at the behest of the Planning Office, submitted
two plans. One of these plans shows two required parking spaces
on-site. The Commission may require the addition of those two
parking spaces if they feel that the addition of this square foot-
age will not constitute a minimal amount of additional parking
demand.
SPEN
reet
1611
MU/mc
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THOMAS WELLS ~ ASSOCIATES 4RCHITECTS
3t4 SOUTH MILL STREET ASPEN. COLORADO 6t6t1 TELEPHONE 303 925-7Bt7
December 31, 1984
Aspen Planning and Zoning Commission
P. 0. Box V
Aspen CO 81611 Re: ChartHouse Restaurant
Dear Members;
Enclosed are four copies of the drawings of
proposed renovations and additions to the
aub~ect project together with a check for the
5680.00 application fee. Proo£ of ownership
and lease will be submitted under separate
cover. Per our telephone conversation with
Alan Richmond of last week, we are requesting
that this application be included on the agenda
of your February 5th meeting.
The primary intent o£ the proposed work is to
provide larger public restrooms as well as new
circulation between the Bar Area and the Dining
Room in the exitsting building. There will be
no additional dining capacity. The additional
floor area indicated, which meets the 500
square foot GMP exemption provision, is to make
up for the office and storage spaces lost by
the restroom expansion, and to provide a small
amount of Bar and Waiting Area which is now
inadequate for the existing dining capacity.
The existing building is a conditional use in
the L-1 zone, and the setbacks, parking, etc.
are existing non-conforming conditions. All
new work is within the required setback lines,
and since no additional dining capacity is
being provided, there will be no increase in
any existing nonconformity.
V,ry truly yours,
n D 2u sewn (QS ~~~Q3e r (o-~c'. '{~~ ~~
IIf \l~l/Ij/J/"'~ ~`~QeS ~C.S'S OG `~ P\A h.....~ ~O FpF~<et
Thomas 0. Wells \~D~ p,.~~~~~e,~ `,t,s sti~~.i+~-X- ~
Architect (~ ( p 1 1 f /~
Se- Cq t-.Y- S l'~2. Q W ~. t7~ ^^F`~+ ~ ~.., ` `A ~0 t+`o~.
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LEASE
1. PARTIES
This lease is entered into on _~~~ / ~ 1972,
between THE CHART HOUSE CORPORATION, a Colorado corporation,
(referred to as~~Lesso:e°)and CHART HOUSE ENTERPRISES, a publicly-
held California corporation, (referred to as"Lessee!').
2. LEASED PREMISES
Lessor hereby leases to Lessee that certain improved real
property commonly referred to as "Chart House Restaurant", Aspen,
Colorado, and more particularly described in Exhibit "A", which
is attached and incorporated by reference (referred to hereafter
as the "Leased Premises").
3. TERM
1. Commencement:
The term of this lease shall be for twenty (20)
ye~a^rs commencing on S'E/~7- ~~ 1972 and ending on
_J~~-/.S 1992.
2. Option to Renew:
Lessee, upon giving Lessor written notice at least
one (1) year prior to the expiration of the term of this lease,
shall have one (1) five (5) year option to renew this lease
upon the same terms and conditions contained herein.
3. Use:
! The Leased Premises may be used and occupied
during the term hereof only for the purpose of conducting and
operating a restaurant and bar. business comparable in quality
AAq ° A
~J ~e/
30. ENTIRE AGREEMENT; MODIFICATION
This lease contains the entire agreement between the
parties, and any executory agreement hereafter made shall be
ineffective to change, codify, or discharge it in whole or in.
part, unless such executory agreement is in writing and signed
by the party against whom enforcement of the change, modifica-
tion, or discharge is sought.
31. PARAGRAPH HEADINGS
The underscored word or words appearing at the commence-
ment of paragraphs and subparagraphs of this lease are included
only as a guide to the contents thereof, and are not to be con-
sidered in the construction of this lease.
IN WITNESS WHEREOF, the Lessor and the Lessee have
executed this lease as of the day and year first above written.
THE CHART HOUSE CORPORATION,
a Color~do corporation
By-7 ~ .~~
Its ppEs
By
Its
"LESSOR"
CHART HOUSE ENTERPRISES,
a Cali orni~ co oration J~`
C/ r
By
~~ '
Its
By
Its
-33- "LESSEE"
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EXHIBIT "A"
Lots 6, 7, 8 and 9, Block 3, Eames Addition, City and
Townsite of Aspen, Colorado.
2.04 P April 23 1973..._...._........._....Lu:.ia ~ ' t-,
Recorded at....._.. _. ~.........._..-...o clock... _...._.M., _..... ...._..... r_.. _...__, ~ I t1 ~~ •.. '
„ , _ ;`- ~,
Reception No.._ •. ,3119 .__........_PeSSy..li__,.Miklich...--- :.---------..Recorder.
RECORDER'S STAMP
THIS DEED, Made this 2nd day of January ,
19 73 ,between THE CHART HOUSE CORPORATION, a
Colorado Corporation, of the first part, and
HERBERT P.BALDERSON as to an undivided 1/3~in-
terest, ALFRED E• B~NT, a's to an undivided 1/3
e&tdaz £loa~Blr£ a~$t~ad`zQ~ae
P~3dliSElt~1}cFas>yx~i interest, and JOSEPH B.
CABELL, as to an undivided 1/3 interest,
SiA7E D-C-MEhTGRI FEE
f~Pn N 3 197
!S _~ -------
of the
County of and State of Colorado, of the second
part ;
WITNESSETH, That the said part y of the first part, for and in consideration of the sum
°f ONE HUNDRED FIFTY THOUSAND and 00/100 ($150,000.00)
and other valuable considerations, Dollars,
to the said party of the first part, in hand paid by the said part ies of the second part, the
receipt whereof is hereby confessed and acknowledged, ha s granted, bargained, sold and conveyed,
and by these presents do e s grant, bargain, sell, convey and confirm unto the said part ies of
the second part, their heirs and assigns forever, all the following described lot or parcel
of land, situate, lying and being in the County of Pitkin and State of
Colorado, to wit
Lot 6, 7, 8 and 9, Block 3, Eames Addition to the City and Townsite',
of Aspen, Colorado, which property is also described as Lots 6, 7 I
8 and 9, Block 3, Eames Addition to the City and Townsite of Aspen
and also that part of Lots 6, 7, 8 and 9 within the City and Town-
site of Aspen, County of Pitkin, State of Colorado.
Together with all and singular the hereditamenta and appurtenances thereunto belonging, or in any-
wise appertaining, and the reversion and reversions, remainder and remainders, rents, issues and
profits thereof; and all the estate, right, title, interest, claim and demand whatsoever, of the said
party of the first part, either in law or equity, of, in and to the above bargained premises, with
the hereditaments and appurtenances; TO HAVE AND TO HOLD the said premises above bar-
gained and described, with the appurtenances, unto HERBERT P. BALDERSON, ALFRED
E• BENT and JOSEPH B. CABELL the said part ies of the second part, their
heirs and assigns forever.
Andfha~id THE CHART HOUSE CORPORATION, a Colorado Corporation
party of the first part, for it self heirs, executors and
administrators, do e s covenant, grant, bargain and agree to and with the said parties of the
second part, their heirs and assigns, the above bargained premises in the quiet and peaceable
possession of said part ies of the second part, their heirs and assigns, against all and every
person or persons lawfully claiming or to claim the whole or any part thereof, by, through or under
the said part Y of the first part to WARRANT AND FOREVER DEFEND.
IN WITNESS WHEREOF, The said party of the first part has hereunto set its
hand and seal the day and year first above written.
Signed, Sealedand Delivered in the presence of THE.-GHART._HOUSE...CORPORc(SEAL]
//' r7 AT ION Color ~° Corporation;
~~~ '/"
~~j --- --•--- -------- --------- By~ - / ~-~Cj-~'--(SEAL]
---- ---- - . - S' ecre~ry ~ Fresi3ent -- --
.,` _ " - --- --- ----- --°-- - --°-°- -°-- --°- - -- - ---- --------(SEAL]
STATE~OF COiARADO, l
,,,~ Conn~r of JJJ
'b, ,::
The foregur`ng.iflstidmenC ytraf+.aclvldwledged before me this 2/- day of l<%<'-`'`"`-' ,
Is73 ~,kr?__HFsRBE~4`••p~, BALDERSON, as President, and attested by
ALFRED=~:-BENT;-:as~.$>rcretary of THE CHART HOUSE CORPORATION, a
C- v~ 1 - W(/~/,- my,hand end f~ic'
My cumaiission~pafpires- ~±-y_ ~ •.L 9 ~ 3 itness~ `l~7 I cal.
Colorado.;corporatigch ~~ -,~_ !T~.,-l~~'/C/'/o'~'~~~~~
c., ,. ~.,., ,.. , ;
~,
~~ 1 ,~ Nof~r) Public.
•If by natural Derson or persona here laeert name or names ; if by person acting to teDreeentative or official capacity or u
attorney-tn-tent. then insert name of D~non u executor, attorneyy-in-fact or other Capacity or description; If by officer of oor-
poratloa teen Iveert name of such officer or offlcens, as the yreeiden[ or other offloere o[ such corporatln, naming 1t.-arorurory
dckmm~~edDmrnt, 8eaaba 38E7.
_ .-... _-. ..... n--~ n..lsAn_1M191
I hereby certify that on this: day of ~ ~'~~~
198~~ a true and correct copy of the attached Noti~ a of Pub .ic Hearing
was deposited in the United States mail, first-class postage prepaid,
to the adjacent 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.
/%
Nancy Crel~l'
„.
,, .,
PUBLIC NOTICE
RE: CHART HOUSE CONDITIONAL USE REVIEW
NOTICE IS HEREBY GIVEN that a public hearing will be held on
February 5, 1984, at a meeting to begin at 5:00 P. M., before the Aspen
P1 anning and Zoning Commission, in Aspen City Council Chambers, 130
S. Galena Street, Aspen, Colorado, to consider conditional use review
for an expansion of approximately 500 square feet to the Chart House
Restaurant which is located within the L-1 zone district. Restaurants
are subject to conditional use review within the L-1 zone district.
For further information, contact the Planning Office, 130 S. Galena
Street, Aspen, Colorado 81611 (303) 925-2020, ext. 225.
s/Perry Harvev
Chairman, Aspen Planning
and Zoning Commission
Published in the Aspen Times on January 17, 1985.
City of Aspen Account.
Transamenc~
Title Insurance Services
111111
Transamerica
Title Insurance Compaq,
76aH$ss476L~Cx$iX69C
~tt~~4: 601 E. Hopkins
Aspen, Colorado 81611
(303)925-1766
THE CITY OF ASPEN
130 SOUTH GALENA
ASPEN, CO. 81611
ATTN: PLANNING & ZONING
ENCLOSED IS THE LIST OF OWNERS WITHIN 300 FEET OF THE CHART HOUSE RESTAURANT, LOCATED
ON LOTS 7, 8 and 9, BLOCK 3, EAMES ADDITION T07HE CITY AND TOWNSITE OF ASPEN.
LOTS A & B, BLOCK 77, CITY AND TOWNSITE OF ASPEN
OWNER: AUGUSTA & MARY HALLUM
410 SOUTH ASPEN ST.
ASPEN, CO. 81611
LOTS C THROUGH I, inclusive, BLOCK 77, CITY AND TOWNSITE OF ASPEN
OWNER: LEROY PARS
228 E. COOPER
ASPEN, CO. 81611
LOTS K THROUGH U, inclusive, BLOCK 77, CITY AND TOWNSITE OF ASPEN
OWNER: RICHARD & HELEN SABBATINI
C/0 HOLLAND & HART
600 E. MAIN ST.
ASPEN, CO. 81611
LOTS P THROUGH S, inclusive, BLOCK 77, CITY AND TOWNSITE OF ASPEN
OWNER: ASPEN PIANOR LODGE, LTD.
411 S0. MONARCH ST.
ASPEN, CO. 81611
LOTS 9, 10, 11, 12 and 13, BLOCK 6, EAMES ADDITION TO THE CITY. AND TOWNSITE OF ASPEN
AND LOTS A, B, C and D, BLOCK 84, CITY AND TOWNSITE OF ASPEN & C R'S
tDDITION
OWNER: HAMS B. & JUNE CANTRUP
C/0 SPENCER SCHIFFER EXC. OFFICER
P.O. BOX 388
ASPEN, CO. 81612
LOTS E THROUGH I, inclusive, BLOCK 84, CITY AND TOWNSITE OF ASPEN
OWNER: MOUNTAIN CHALET ENTERPRISES
333 EAST DURANT
ASPEN, CO. 81611
LIFT ONE CONDOMINIUMS
LIFT ONE CONDOMINIUM ASSOCIATION/THE ASPEN CLUB
131 E. DURANT, ASPEN, CO. 81611
----CONTINUED----
OWNERS LIST CONTINUED:
LOTS 4, 5, 6 and 7, BLOCK 8, EAMES ADDITION TO THE CITY AND TOWNSITE OF ASPEN
OWNER: JOHN & FRANK DOLINSEK
P.O. BOX 275
ASPEN, CO. 81612
ALL OF BLOCK 7, EAMES ADDITION TO THE CITY AND TOWNSITE OF ASPEN
ALL OF BLOCK 83, CITY AND TOWNSITE OF ASPEN
OWNER: THE CITY OF ASPEN
130 S0. GALENA ST.
ASPEN, CO. 81611
LOTS R & S, BLOCK 70, CITY AND TOWNSITE OF ASPEN AND LOTS 8 & 9, BLOCK 2, EAMES
ADDITION TO THE CITY AND TOWNSITE OF ASPEN
OWNER: HAYAN AL-ZAHID, TRUSTEE
C/0 PINES LODGE
411 SOUTH ASPEN ST.
ASPEN, CO. 81611
THE ABOVE NAMES AND ADDRESSED WERE OBTAINED FROM THE RECORDS OF THE PITKIN COUNTY
TREASURER'S OFFICE ON JANUARY 18, 1985.
TRANSAMERICA TITLE INSURANCE COMPANY
VINC N HIGENS
MANAGER PITK UNTY OPERATIONS
PLEASE ALSO SEND NOTICE T0:
AZTEC CONDOMINIUM ASSOCIATION- 6 UNITS
131 EAST DURANT
ASPEN, CO. 81611
MEMORANDUM
T0: City Attorney
City Engineer
Building Department
FRGM: Colette Penne, Planning Office
RE: Chart House Special/Conditional Use Review
DATE: January 9, 1985
Attached for your review is an application submitted by Tom 4iells cr.
beh alf of The Chart House Restaurant, requesting special review and
conditional use review approval for the expansion of The Chart House
Restaurant, located on the southwest corner of Monarch and Durant.
The expansion is proposed to be within the 500 square foot limitation
for exem ption from growth management. The applicant proposes to
expand the restrooms, bar and waiting area and to rebuild the office
and storage areas. Please review this application and return your
referral comments no later than January 22nd, in order far this
office to have adequate time to prepare for its presentation before
the Planning and Zoning Commission at a public hearing on February 5,
1985.
Thank you.
PQBLIC NOTICB
RB: CHART HOIISB CONDITIOPAL DSB REVIBW
NOTICB IS HBREBY GIVB9 that a public hearing will be held on
February 5, 1984, at a meeting to begin at 5:00 P. M., before the Aspen
Planning and Zoning Commission, in Aspen City Council Chambers, 130
S. Galena Street, Aspen, Colorado, to consider conditional use review
for an expansion of less than 500 square feet to the Chart House
Restaurant which is located within the L-1 zone district. Restaurants
are subject to conditional use review within the L-1 zone district.
For f urther information, contact the Planning Office, 130 S. Galena
Street, Aspen, Colorado 81611 (303) 925-2020, ext. 225.
Chairman, Aspen Planning
and Zoning Commission
Fublished in the Aspen Times on January 17, 1985.
City of Aspen Account.
~/
,...
THOMAS WELLS & ASSOCIATES ARCHITECTS
314 SOUTH MILL STREET ASPEN, COLORADO 81611 TrLHPHONE 303925-7817
December 31, 1984
Aspen Planning and Zoning Commission
P. 0. Box V
Aspen CO 81611 Re: ChartHouae Restaurant
Dear Members;
Enclosed are four copies of the drawings of
proposed renovations and additions to the
aub7ect project together with a check for the
5680.00 application £ee. Proof of ownership
and lease will be submitted under separate
cover. Per our telephone conversation with
Alan Richmond o£ last week, we are requesting
that this application be included on the agenda
of your February 5th meeting.
The primary intent of the proposed work is to
provide larger public restrooms as well as new
circulation between the Bar Area and the Dining
Room in the exitsting building. There will be
no additional dining capacity. The additional
floor area indicated, which meets the 500
square foot GMP exemption provision, is to make
up for the office and storage spaces lost by
the reatroom expansion, and to provide a small
amount of Bar and Waiting Area which is now
inadequate for the existing dining capacity.
The existing building is a conditional use in
the L-1 zone, and the setbacks, parking, etc.
are existing non-conforming conditions. All
new work is within the required setback lines,
and since no additional dining capacity is
being provided, there will be no increase in
any existing non-conformity.
V ry truly
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