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HomeMy WebLinkAboutLand Use Case.CU.219 E Durant Ave.1985-CU-1Chart House Special Review TO: Aspen Planning and zoning Ccmmission FROM: Colette Penne, Planning Office RE: Chart House - Conditional Use and Exemption from Growth Management DATE: February 5, 1985 LOCATION: 219 E. Durant Avenue ZONING: L-1 APPLICANT'S REQUEST: The applicant is requesting exemption from growth management and an expansion of their Condition Use Permit for 500 additional square feet. PLANNING OFFICE REVIEW: Section 24-11 .2 (h) allows exemptions from growth management for the expansion oto an existing commercial use by not more than 500 square feet for the p,srpose of providing a small addition of space which can be shown to rave minimal or manageable impact upon the community and can be justif ied 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 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 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 t yestaUrunt within the L-1 :;oIIE: is com}%atlble w:th the surrouncing uses and convenient. The locution on 1,urarit Avenue rZlkes the Chart House acces:,ible by public transportation, pedestrian usage, andalthough the current parking spaces are in on -street locations (mostly • 0 along Monarch) there is easy automobile access which appears to be very workable. There is also a p;:rkin j lot to the southwest or the Restaurant which is mostly used by skiers during the clay. 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 50% of the site will be open space. The L-1 zone requires at least 25% open space. The requirements for height and distance between buildings are also met. The additions will be made alona 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 addit--L�nal dining capacity will result from this expansion. The -- Enginee ri-n- department reports that they�o not this 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. PLANNING 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 sq. 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. r -�-c..b• �'� co--x o-P�-rb v �--� o� Mtn � s ray �-i � � r� � cave S v1 c-a Lk r �.� ra o o -+6 o CX A ' v�5 1 �v�� ►— � tsi— y� vti w v o� i4k" S p(,kl ►2 1- n I `I S-4 vvo- KL S J 2 THOMAS WELLS & ASSOCIATES ARCHITECTS 314 SOUTH MILL STREET ASPEN. COLORA00 B1611 TELEPHONE 303 926-7817 December 31, 1984 Aspen Planning and Zoning Commission P. Q. Box V Aspen CO 81611 Re: ChartHouse Restaurant Dear Members: Enclosed are four copies of the drawings of proposed renovations and additions to the subject pro3ect together with a check for the S68Q.00 application fee. Proof of ownership and lease will be submitted under separate cover.. P1er our telephone conversation with Alarr Richmond of 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 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-conforminq 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. ry truly yours, e�qSe I , i -all Thomas O. Wells Architect S E • MEMORANDUM To: Colette Penne From: Elyse Elliott - - 4 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 arpiicant's alternative plan (labeled Alternative ttl) , 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 C-I'll ASPEN 130 soot" ;alma street aspen, ctdorado 81611 303-925 2020 MEMORANDUM FrD DATE: January 14, 1985 TO: Colette Penne, Planning Office FROM: City Attorney7�7- (//. RE: Chart House Special Conditional Use Review 0d'� i 2 I �85 Under Section 24-11.2(h) the Chart House may make this expansion of less than 300 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 • • MEMORANDUM TO: Aspen Planning and Zoning Commission FROM: Colette Penne, Planning Office RE: Chart House - Conditional Use and Exemption from Growth Management DATE: February 5, 1985 LOCATION: 219 E. Durant Avenue ZONING: L-1 APPLICANT'S REQUEST: The applicant is requesting exemption from growth management and an expansion of their Condition Use Permit for 500 additional square feet. PLANNING OFFICE REVIEW: 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 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 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 very workable. There is also Restaurant which is mostly used presently has a footprint area expand by 500 square feet. approximately .52:1, while the 1:1. Approximately 50% of the requires at least 25% open spa distance between buildings are automobile access which appears to be a parking lot to the southwest of the :)y skiers during the day. The restaurant of 5716 square feet and proposes to The resulting FAR on the site will be district allows an external FAR of site will be open space. The L-1 zone ce. The requirements for height and 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. PLANNING 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 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. 2 THOMAS WELLS & ASSOCIATES ARCHITECTS 314 SOUTH MILL STREET ASPEN, COLORADO 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 staff 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 office. I do not feel that the addition of 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 of the two stalls indicated. V ry trul ours, c� Thomas O. Wells Architect CHE Inc. WE D _. 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 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/Perry Harvey Chairman, Aspen Planning and Zoning Commission Published in the Aspen Times on January 17, 1985. City of Aspen Account. 14-95- 1)qVV,WjVA-- ...----- PROJECT NAME: APPLICANT: " 1 nL Applicant Addres OASELOAD SUMMARY SHEET City of Aspen one: REPRESENTATIVE: qVK (�( dlse Representative Address/Phone: Type of Application: I. GHP/SUBDIV IS ION/PUD (4 step) Conceptual Submission Preliminary Plat Final Plat II. SUBDIV IS ION/PUD (4 step) Conceptual Submission Preliminary Plat Final Plat III. EXCEPT ION/EXENPTIOI]/REZONING (2 step) -K TV- SpprTAL REVIEW (1 step) >` Special Review Use Determination Conditional Use Other: CASE NO. STAFF: CuJA 1-51 s-I Oi A • S L V1- 36 e- ($2,730.00) ($1,640.00) ($ 820.00) ($1,900.00) ($1,220.00) ($ 820.00) ($1,490.00) ($ con nn� P&Z CC MEETING DATEPUBLIC HEA IQG- YES NO DATE REFERRED; ) 'INITIALS: -------------------- --------------------- RRALS 7City Atty Aspen Consol. S.D. School District City Engineer I-Itn. Bell Rocky Aitn. Nat. Gas Housing Dir. Parks Dept. State Hwy Dept (Glenwd) Aspen -7ater Holy Cross Electric State Hwy Dept (Gr.Jtn) City Electric Fire I,Iarshall -� Bldg: Zoning/Inspectn Envir. Hlth. Fire Chief Other: --------------------- FINAL---UTING : DATE ROUTED: -�^--«INITIAL: CityCity Atty City Engineer ✓ Building Dept. Oth er : FILE STATUS AND LOCATION: Other: CASE DISPOSITION: Reviewed by: Aspen P&Z City Council it I tj 4, Vf-) I 4,- H-6 J t I C. V, N Reviewed By: Aspen P&Z City Council CASE NO. A '' S - CHECKLIST CASE NAME: i _ i l *0 (,� • . �" C� INITIAL/NA* 1. RECEIPT PREPARED 2. CASE ASS IG NE D NU IIB ER 3. NUMBER LOGGED IN ACCOUNTING BOOKS 4. NUMBER LOGGED Oil BULLETIN BOARD LIST 5. CASELOAD SUMMARY SHEET PREPARED ✓ 6. CASE ASSIGNED DATE FOR FIRST/ONLY REVIEW 7. CASE LOGGED III BLACK BOOK 8. CASE LOGGED OIl ADJACENT PROPERTY aI ERS NOTIFICATION 9. REFERRAL MEMO PREPARED AND SENT OUT 10. PUBLIC NOTICE PREPARED 11. DATE BY WHICH MUST BE PUBLISHED 12. DATE BY WHICH MUST BE MAILED TO ADJACENT PROPERTY 017NERS : /�/%•S� 13. PUBLIC NOTICE TAKEN TO ASPEN TIMES (Date Published: I J ) 14. DATE PUBLISHED LOGGED 011 ADJACENT PROPERTY OWNERS NOTIFICATION LIST 15. PUBLIC IIOTICE RAILED TO ADJACENT PROPERTY MNERS (Date hailed: ) 16. DATE MAILED LOGGED Oil ADJACENT PROPERTY OWNERS NOTIFICATION LIST 17. PUBLIC NOTICE MAILED TO APPLICANT(S) (Date Mailed: ) AFTER FIRST REVIEW. IF APPLICABLE 18. CASE ASSIGNED DATE FOR SECOND REVIEW 19. CASE RE -LOGGED III BLAC: BOOK 20. CASE LOGGED 014 ADJACENT PROPERTY OUNERS NOTIFICATION Case I•To. _ - Checklist Page 2 21. PUBLIC NOTICE PREPARED 22. DATE BY WHIM BUST BE PUBLISHED: 23. DATE BY WHICH MUST BE MAILED TO ADJACENT PROPERTY OWNERS : 24. PUBLIC NOTICE TAKEN TO ASPEiv TIIlES (Date Published: ) 25. DATE PUBLISHED LOGGED OV ADJACENT PROPERTY WNERS IOTIFICATION LIST 26. PUBL,IC NOTICE MAILED TO ADJACENT PROPERTY a,7NERS (Date flailed: ) 27. DATE MAILED LOGGED ON ADJACENT PROPE- TY OI9NERS NOTIFICATION LIST 28. PUBLIC NOTICE MILED TO APPLICANT(S) ( Date flailed • ) AFTER REVIEW COMPLETED 29. COPY OF RESOLUTION/ORDINANCE OBTAINED AND IN FILE 30. CASELOAD SUI14ARY SHEET ROUTED I-7/FILE (if applicable) *NA = Not Applicable 0 MEMORANDUM To: Colette Penne From: Elyse Elliott 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) , 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. 0* •• CITY OF ASPEN 130 4uth galena street asp�03-925 Colorado 81611 -2020 MEMORANDUM DATE: January 14, 1935 TO: Colette Penne, Planning Office FROM: City Attorney4l'CI,- p r�6r�od[E ( �21885� U 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 N THOMAS WELLS & ASSOCIATES ARCHITECTS 314 SOUTH MILL STREET ASPEN. COLORADO 81611 TELEPHONE 303 925-7817 December 31. 1984 Aspen Planning and Zoning Commission P. O. Box V Aspen CO 81611 Re: ChartHouse Restaurant Dear Members; Enclosed are four copies of the drawings of proposed renovations and additions to the sub3ect pro3ect together with a check for the $680.00 application fee. Proof 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 of the proposed work is to provide larger public restrooms as well as new circulation between the Bar Area and the Dininq_ Room in the exitstinq_ buildinq. 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 buildinq 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 yours, IISe Thomas 0. Wells Architect � A -a LEASE 1. PARTIES This lease is entered into on / 1972, between THE CHART HOUSE CORPORATION, a Colorado corporation, (referred to as"Lessor")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) years commencing on ! �' , 1972 and ending on �� ' -,) , 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. 0 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 30. ENTIRE AGREEMENT; MODIFICATION This lease contains the entire agreement between the parties, and any executory agreement hereafter made shall be ineffective to change, modify, 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 Colorado corporation Y Its PApcS M Its "LESSOR" CHART HOUSE ENTERPRISES, a Cali orni co poration B % Y Its 0 Its -33- "LESSEE" EXHIBIT "A" Lots 6, 7, 8 and 9, Block 3, Eames Addition, City and Townsite of Aspen, Colorado. Recorded at_........2 2.04 :..................o P o'clock ...... ..----- April 23 ..._.....--....t...................._. 1973 Reception No._.. 0119 Peggy E Miklich............... ....0...............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. HNT, as to an undivided 1/3 BRUNZ 200axtyxd interest, and JOSEPH B. CABELL, as to an undivided 1/3 interest, STATi DOCOMIWRY FEE APR 2 3 1973 of the L 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 of ONE HUNDRED FIFTY THOUSAND and 00/100 ($150,000.00) and other valuable considerations, Dollars, to the said part y of the first part, in hand paid by the said part i e s 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 ie s 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 P i t k i n and State of i 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 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 hereditaments 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 part y 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. Andthassdd THE CHART HOUSE CORPORATION, a Colorado Corporation part y of the first part, for it sel f , heirs, executors and administrators, do e s covenant, grant, bargain and agree to and with the said partie s of the second part, their heirs and assigns, the above bargained premises in the quiet and peaceable possession of said part ie s 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 part y of the first part ha s hereunto set its hand and seal the day and year first above written. Signed, Seale4 and Delivered in the presence of THE... HART.__ HOUSE --- CORP_OR- [SEAL] r? AT ION 114 Color Corporation / / -iJ_" SEAL] By l---------------------------- Tresiaeri Secretary -------------------------------- --•': ------------------------------------------- ----•----------------------------•--•---•-------•----•--... [SEAL] STATE OF COLORADO, ss. Count* of L �% i The foregoing. tristiiiment izaA acknowledged before me this /— day of !% 1973'e_ :.H1RBE -BALDERSON, as President, and attested by ALFRED- BENT;";as.S cretary of THE CHART HOUSE CORPORATION, a Colorado. =corporatiorn My conisiissioli oxpire-s t ZC> , 19 7 3 . Witness my hand and fficial seal. -- • J - Notary Public. •If by natural person or persons here Insert name or names; yyif by person acting in representative or official capacity or as Lion er of oor- then insert nay of such officer hen insert name of son or offieers,uas thetpresident orotherorflcerscapacity ssuch eorporattinn naming itic Statu � dcknotvtcdgment, Beesion 1927. No. 16 SPECIAL WARR.tNIT DEED. —Bradford Publishing Co., 1824-48 Stout Street, Denver, Colorado-10-71 I hereby certify that on this day of 198. , a true and correct copy of the attached Notice of Public 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 Crell' 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 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/Perry Harvey Chairman, Aspen Planning and Zoning Commission Published in the Aspen Times on January 17, 1985. City of Aspen Account. • Transamerica Title Insurance Services 777 1II THE CITY OF ASPEN 130 SOUTH GALENA ASPEN, CO. 81611 ATTN: PLANNING & ZONING Transamerica Title Insurance Compa �>3�Ss4k�Lx�xe�t t-2R*% 601 E. Hopkins Aspen, Colorado 81611 (303) 925-1766 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 TO ]HE 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 PAAS 228 E. COOPER ASPEN, CO. 81611 LOTS K THROUGH 0, inclusive, BLOCK 77, CITY AND TOWNSITE OF ASPEN OWNER: RICHARD & HELEN SABBATINI C/O HOLLAND & HART 600 E. MAIN ST. ASPEN, CO. 81611 LOTS P THROUGH S, inclusive, BLOCK 779 CITY AND TOWNSITE OF ASPEN OWNER: ASPEN MANOR LODGE, LTD. 411 SO. 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 AND BLOCKS 2 & 3, CONNOR'S ADDITION OWNER: HANS B. & JUNE CANTRUP C/O 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: • 0 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 SO. 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/O 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 It -IL VINC N HIGENS MANAGER PITK LINTY OPERATIONS PLEASE ALSO SEND NOTICE TO: AZTEC CONDOMINIUM ASSOCIATION- 6 UNITS 131 EAST DURANT ASPEN, CO. 81611 • 171 MEMORANDUM TO: City Attorney City Engineer Building Department FROM: Col ette Penne, Pl anni ng Of f i ce RE: Chart House Special/Conditional Use Review DATE: January 9, 1985 Attached for your review is an application submitted by Ton; 4;elis Or. behalf 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 exemption 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 for 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. • E 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 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 further information, contact the Planning Office, 130 S. Galena Street, Aspen, Colorado 81611 (303) 925-2020, ext. 225. sf Per—ry-- .azv.ey........ _........ ...... Chairman, Aspen Planninq and Zoning Commission Published in the Aspen Times on January 17, 1985. City of Aspen Account. CJ • THOMAS WELLS & ASSOCIATES ARCHITECTS 314 SOUTH MILL STREET ASPEN, COLORADO 81611 TELEPHONE 303925-7817 December 31, 1984 Aspen Planning and Zoning Commission P. O. Box V Aspen CO 81611 Re: ChartHouse Restaurant Dear Members; Enclosed are four copies of the drawings of proposed renovations and additions to the subject project together with a check for the $680.00 application fee. Proof 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 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 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 non -conformity. V ry truly yours, 6J�ZASe woke.'. N-� -A'9, Thomas O. Wells p���,. �S ��b _. Architect n 1 (} NZ @ —% - ,1 S c e s n ko—"s a K �L7 ����w41 Aa L4�) CLEARPRINT 1020 PROJECT CHAZT 2F-�57AV Asp F- q I THOMAS WELLS & ASSOCIATES / ARCHITECTS ASPEN LOS ANGELES REVISIONS TITLE OF SHEET .�5 1 - 7 E L-A PROJECT NO DRAWING 11-IR Or-1 1 DATE SHEET OF SHE, PROJECT 7HrI:-:_ CHA271 NOLSE I m DIETERICH-POST CLEARPRINT 1020 2 2�==AL,IF4AN7- ASPS! 4, CcL,0 Z-',4VC) THOMAS WELLS & ASSOCIATES / ARCHITECTS' ASPEN LOS ANGELES 1 120 3i -84 REVISIONS, TITLE OF SHEET T PROJECT NO DRAWING NUMBER 8���`' 1 DATE SHEETOF SHEETS rf �j'•—I j iL:uGY `�' M�S� II V, " - - - <�� 0 inn r �I 30 A 32 j 2A LAD PEA fZ ! b -- et � 1 X Jl DI Nil 14,: i -1 G S(14• AS x G ) t� Y�P.(Z_ (1Dx 41) I+o� TOTAL 5= mW F-T Navy P,oR:ri-rjak-I PROJECT T I-i iZ_7AU12-AtiT THOMAS WELLS A ASSOCIATES / ARCHITECTS ASPEN -OS —GELES • • REVISIONS TITLE OF SMEET- LOOIz PL.A1- PROJECT NO. DRAWING NUMBER "I. - G7 DATE SHEET cJG' SMF.E r> DIETERICH-POST CLEARPRINT 1020 7 0 0 Ll r- L 2-1 C4A7 NEW -rc NAAMC-H r- XI S-r wmw 1.4&Qo S-;tJv_ IL G t:lfff f 7-1 P-, L. t-s 1-lppa2.Lowe — --I;, -- - - m 7t,- pU,2---, f-myv OFF<.� C. lrvt�4j F PROJECT THE CHAR-7 HOUSE ' =1 A LA24 W7 THOMAS WELLS & ASSOCIATES / ARCHITECTS ASPEN LOS ANGELES 22- -67 200P Ll Wr. eLVO r.L Ac F- 2-1 - el-3 WRIILVy- Id -A1 0-5!Ui�S S<Jl-as u r. w 0 1 XA vra24 a- I- :!r, ACC 5-14-AS ;ML04-�ATI=- F-WiTz- ;�;Fnp ErZ- i4iTc�HrE$4 REVISIONS: TITLE OF SHEET. C 72 UPPEZ �LCORL 141. .S�- PROJECT NO. DRAWING NUMBER DATE SHEET 4 OF I.E.Tl PROJECT +,$;;L 0' C, 11 . . . C,OA7 4eoot-� 11 up w -7— 1 Mi— je)+ DIETERICH-POST CLEARPRINT 1070 THOMAS WELLS & ASSOCIATES / ARCHITECTS ASPEN LOS ANGELES • REVISIONS: TITLE OF SHEET: �4 i! -- �'-o ii c— PRo-ji,cr No DRAWING NUMBER 2 DATE SHEET OF SHEETS