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Home My WebLink AboutLand Use Case.CU.201 E Main St.35A-89Little Cliff's Conditional Use GMQQS Exemp tion 2737-073-"L8-001 35A-89 C I 'A I'ITKIN PLANNING OFFICE 130 South Galena Street Aspen, Colorado 81611 (303)920-5090 LAND USE APPLICATION FEES City 00113 -63250-134 GMP/CONCEPTUAL -63270-136 GMP/FINAL -63280-137 SUB/CONCEPTUAL -63300-139 SUB/FINAL -63310-140 ALL 2-STEP APPLICATIONS -63320-141 ALL 1-STEP APPLICATIONS/ CONSENT AGENDA ITEMS REFERRAL FEES: 00125 -63340-205 ENVIRONMENTAL HEALTH 00123 -63340-190 HOUSING 00115 -63340-163 ENGINEERING SUBTOTAL On County 00113 -63160-126 GMP/GENERAL -63170-127 GMP/DETAILED -63180-128 GMP/FINAL -63190-129 SUB/GENERAL -63200-130 SUB/DETAILED -63210-131 SUB/FINAL -63220-132 ALL 2-STEP APPLICATIONS -63230-133 ALL 1-STEP APPLICATIONS/ CONSENT AGENDA ITEMS -63450-146 BOARD OF ADJUSTMENT REFERRAL FEES: 00125 -63340-205 ENVIRONMENTAL HEALTH 00123 -63340-190 HOUSING 00113 -63360-143 ENGINEERING PLANNING OFFICE SALES 00113 -63080-122 CITY/COUNTY CODE -63090-123 COMP. PLAN -63140-124 COPY FEES -69000-145 OTHER 4. Name: �� ' ` a Address: -0-p4� 1 / /1 , � Check # Additional billing: SUBTOTAL TOTAL Phone: Project: Date: 7 , #of Hours: LSPEN/PITKIN PLANNING OFFICL 130 South Galena Street Aspen, Colorado 81611 (303)920-5090 LAND USE APPLICATION FEES City 00113-63250-134 GMP/CONCEPTUAL 00125 00123 00115 County 00113 00125 00123 00113 -63270-136 -63280-137 -63300-139 -63310-140 -63320-141 REFERRAL FEES: -63340-205 -63340-190 -63340-163 -63160-126 -63170-127 -63180-128 -63190-129 -63200-130 -63210-131 -63220-132 -63230-133 -63450-146 REFERRAL FEES: -63340-205 -63340-190 -63360-143 PLANNING OFFICE SALES 00113-63080-122 -63090-123 -63140-124 -69000-145 GMP/FINAL SUB/CONCEPTUAL SUB/FINAL ALL 2-STEP APPLICATIONS ALL 1-STEP APPLICATIONS/ CONSENT AGENDA ITEMS ENVIRONMENTAL HEALTH HOUSING ENGINEERING SUBTOTAL GMP/GENERAL GMP/DETAILED GMP/FINAL SUB/GENERAL SUB/DETAILED SUB/FINAL ALL 2-STEP APPLICATIONS ALL 1-STEP APPLICATIONS/ CONSENT AGENDA ITEMS BOARD OF ADJUSTMENT ENVIRONMENTAL HEALTH HOUSING ENGINEERING CITY/COUNTY CODE COMP. PLAN COPY FEES OTHER Name: 4qv, ( —10'Phone: f" Address: 7 �'% Project: SUBTOTAL TOTAL �7 Check # I Date: Additional billing: #of Hours: CASELOAD SUMMARY SHEET City of Aspen DATE RECEIVED: 4 5 89 DATE COMPLETE: S \5 'Es PARCEL ID AND CASE NO. 2737-073-28-001 35A-89 STAFF MEMBER: � — PROJECT NAME: LITTLE CLIFF'S CONDITIONAL USE / GMOS EXEMPTION Project Address: 201 EAST MAIN STREET Legal Address: LOTS A, B, & C, BLOCK 74 APPLICANT: BILL DINSMOOR, SALLY BARNETT, & JULIE WYCKOFF Applicant Address: 200 WEST HOPKINS ASPEN REPRESENTATIVE: SAUL BARNETT Representative Address/Phone: 200 WEST HOPKINS ASPEN (303) 920-2157 ---------------------------------------------------------------- PAID: YES NO AMOUNT: $830.00 NO. OF COPIES RECEIVED: 6 TYPE OF APPLICATION: 1 STEP: 2 STEP: P&Z Meeting Date J`ti \e6- PUBLIC HEARING: YES NO VESTED RIGHTS: YES NO CC Meeting Date PUBLIC HEARING: YES NO VESTED RIGHTS: YES NO Planning Director Approval: Paid: Insubstantial Amendment or Exemption: Date: REFERRALS: City Attorney City Engineer Housing Dir. Aspen Water City Electric Z Envir. Hlth. Aspen Consol. S.D. Mtn. Bell Parks Dept. Holy Cross Z Fire Marshall Building Inspector Roaring Fork Energy Center School District Rocky Mtn Nat Gas State Hwy Dept(GW) State Hwy Dept(GJ) Other DATE REFERRED: S 2? INITIALS: ,-lz FINAL ROUTING: City Atty Housing FILE STATUS AND DATE ROUTED: ( INITIAL: '''i, '-" City Engineer Zoning Env. Health Other: ' LOCATION: MEMORANDUM TO: Jay Hammond Tom Dunlop FROM: Alan Richman RE: Little Cliff's Bakery Conditional Use DATE: November 6, 1986 As we discussed today, I am requesting your written comments on the attached application to relocate Little Cliff's Bakery to the corner of Aspen and Main. As you may be aware, Council will be adopting Ordinance 46, Series of 1986 on November 10 th which will make a bakery a conditional use in the Office zone. Therefore, your review should take into account the typical conditional use reviews and any other standards of the Office zone which may apply. I would appreciate your response to this application in writing no later than Tuesday November llth. Thank you MEMORANDUM To: Alan Richman, Planning Director From: Elyse Elliott, Engineering Department Date: November 10, 1986 Re: Little Cliff's Bakery conditional use We have the following comments on the above application: Parking The applicant provides six off-street parking spaces, each in 9' x 20' which is slightly longer than the required size of 9' x 181. There are numerous on -street parking spaces on Aspen Street that could be used by Little Cliff's customers. The parking spaces on Aspen Street are rarely filled to capacity. This project will have a minimal impact on the present parking situation and vehicular circulation. Trash and Delivery Areas The 6' x 14' area provided for a dumpster is ample for this facility. In their prior location, Little Cliff's used a two - yard dumpster which is 6' x 41. The trash generated in the new location will probably increase due to an increase in bakery items and the addition of a residence. However, the area could easily accomodate two two -yard dumpsters. The location of the dumpsters is easily accessible to the trash trucks. The other delivery trucks can service this business from the alley. GIDEON I. KAUFMAN DAVID G. EISENSTEIN LAW OFFICES GIDEON I. KAUFMAN A PROFESSIONAL CORPORATION BOX 10001 315 EAST HYMAN AVENUE. SUITE 303 ASPEN. COLORADO 81611 October 17, 1986 Mr. Alan Richman, Director Aspen/Pitkin County Planning Office 130 South Galena Street Aspen, Colorado 81611 TELEPHONE AREA CODE 303 925-8166 Re: Conditional Use of a Bakery on Lots A, B, and C, Block 74, City and Townsite of Aspen Dear Alan: Please consider this letter as an application for a conditional use pursuant to an amendment to Section 24-3.2 of the Aspen Municipal Code adding bakery as a conditional use to the O-Office District, which contains the site, and Section 24-3.3 of the Aspen Municipal Code entitled "Grant of Conditional Use". My client, Little Cliff's Bakery, seeks to relocate its 26-year old bakery business from 121 South Galena to 201 East Main Street. Its intent is to restore the historic brick facade of the main structure at that location, and modify its interior to current Code requirements, and, thereby, accommodate its intended bakery use. Included in this bakery conditional use, we would like the flexibility for over-the-counter service of such items as coffee, fruit drinks, bagels and cream cheese, and other associated sandwiches. There will be no waitressing service. The auxiliary structure at the rear of the premises would continue to be used as a one bedroom apartment. While only four (4) off-street parking spaces are mandated and possibly even fewer by special review, my client intends to provide six (6) on -site parking spaces with alley access which amply meets the Code requirements. The building certainly qualifies for historic designation which is being applied for. The conditional use can be granted subject to final historic designation. The grant of this conditional use, therefore, clearly complies with the requirements of the zoning Code, and is consistent with the objectives and purposes of the Code and zoning district in which it is situated as evidenced by the recent amendment adding bakery to the list of conditional uses in the O-Office District. The intention of the O-Office Zone is: "to provide for the establishment of offices and associated commercial uses in such a way as to preserve the visual scale and character Mr. Alan Richman October 17, 1986 Page 2 of formerly residential areas that are now adjacent to commercial and business areas, and along Main Street and other high volume thoroughfares". Section 24-3.2, Aspen Municipal Code. The Little's use of the proposed site as a bakery is a commercial use which preserves the present scale and character of the structure, yet accomplishes a much needed "cosmetic" improvement. The surrounding uses include commercial retail to the North and East and Paepke Park to the West. The residential structure to the South will be buffered from the subject structures by way of the parking area and alley. The proposed bakery use is compatible with the surrounding uses in that it will be open to the public during regular retail hours consistent with the surrounding commercial uses, and operate without disturbing the neighbors. In addition, the use does not duplicate any of the other surrounding commercial uses. Clearly, this location is replete with commercial establishments which serve the permanent population, either directly or in support of their tourist based businesses. The block containing these premises also contains the In And Out House, a food preparation and food service business aimed primarily at the permanent population of Aspen. There can be no doubt that a community bakery would be compatible with surrounding uses and, in fact, a similar use in the form of the Mesa Store Bakery existed for many years just down the street from this proposed location. The impact on traffic should be minimal. In addition, the provision of six (6) off-street parking spaces should alleviate any concerns about additional traffic problems, and this relatively central location should find much of the traffic to be pedestrian. In consideration of the foregoing facts, I believe that the conditional use sought for this location to be most appropriate and consistent with the objectives and purposes of the zoning Code and appropriate for receiving approval as a conditional use. Naturally, if youhave any concerns or questions regarding this matter, please feel free to contact me. Very truly yours, LAW OFFICES OF GIDEON I. KAUFMAN, a Professional Corporation By 1 GK/bw Gide Kaufman _AOLLAND & HART ATTORNEYS AT LAW DENVER DENVER TECH CENTER COLORADO SPRINGS ASPEN BILLINGS BOISE CHEYENNE WASHINGTON, D C. Gideon Kaufman, Esq. 315 East Hyman Avenue Aspen, Colorado 81611 600 EAST MAIN STREET ASPEN, COLORADO 81611 October 15, 1986 Re: Little Cliff's Bakery _ TELEPHONE (3ai) 9253476 TELECOPIER (303) 9259367 CHARLES T. BRANDT D I� "�nlll Dear Gideon: I appreciated receiving the information you provided to me last week concerning the various deliveries to ttle Cliff's locationaatrtheand t e manner in which they will be made at the proposed corner of Main Street and Asp en our e. clients, Mat and Kay Bucksbaum, are You, As I mentioned to dust, traffic parking considerations ffic a concerned about noise, e's of the three lots across stemming from the proposed use by the nd payou the alley from Mr. and Mrs. Buckbaumtsdre eliveridece.ies would bedmade eto the er a conversation with Bill Little, tha bakery as follows: Cisco/Noble Twice a week from alley ly in late morning orthe afternoon; Aspen Dairy Three times a week around 6 a.m. Street (since parking from Main will be available at that hour); Flour Delivery Once a month at no set time, unknown _ delivery point (presumably from the allev); and Once a month delivery to the Baked Goods Little's residence on Snowbunny Lane due to lack facilities of anticipated storage at the proposed location. points and schedules appear to minimize any noise The above delivery p proposed and circulation impact on the residences to the south of the p p bakery location. reservations about the proposed seven off-street We have strong the east proposed apartment parking spaces olflthese sets B a en pa�king spaces fare efor customer use, we on the alley). HOLLAND & HART Gideon Kaufman, Esq. October 15, 1986 Page 2 anticipate that. such a use will cause ar�ivintlon andldethe artingeandnoise dust in from cars startng their enginesg p the summer months as the alley caretakersnot wpaved. a1soloc�ureasetheytutilizethe res- idential owners and their the alley for ingress and egress to and from their garages and off- street parking areas off of the alley. We believe the alley should constitute a "buffer", as you sug- he gested in your rezoning application, between the commercial uses on t north side of the block (along Main street) and the residences located on the south side of the block. If the off-street parking spaces are used by customers of Little Cliff's, the "buffer" disappears and the alley is utilized by those coming and going to the bakery. We urge that the off-street parking spaces be reduced from seven in number to aof lesser number which will accommodate the ff streeth par the following king those employed by the bakery. This app folio and benefits: First, employees would be assured of off-street parking the number of d be ng spaces on increased sincepen theAvenue parkingnd Main spaces willenotobecus- tourer use would be i customers com- ing uti- lized by employees. Second, the impact on the alley by and going and the resultant noise, etc. would be eliminated. Third, the conditional use requirement that off-street parking fur- nished be would still be met. of r and he One final concern is the plaAs you know, ethe aBFIsh dtrash etrucks tand time of day it will be empeto tied. As very the hydraulic equipmentissdumpedllit caft n alsoymake tse noiseifthetrash noisy. When the trash is comprised of bottles, cans client dinhlocating theurg inlanmarea r also be addressed by your client's residence and that delivery be farthest removed from our scheduled mid to late morning. You and your client's attention to our requests would be greatly appreciate6. Very truly yours, l.._� V Charles T. Brandt for HOLLAND & HART CTB/sg cc: Mr. and Mrs. Matthew Bucksbaum Alan Richman Sally Barnett 200 West Hopkins Ave. Aspen, Co. 81611 (303) 920-2157 May 15, 1989 Mr. Alan Richman Planning Director Aspen/Pitkin Planning Office 130 S. Galena Street Aspen, Co. 81611 Re: Conditional Use Application for Little Cliff's Bakery Dear Alan; This will reply to your letter advising me that our application was not complete. We anticipate that our bakery operation will be more limited than the Little Cliff's full-blown bakery operation, at least with respect to the variety and type of bakery products, and that our food service operation will be somewhat more extensive with a menu consisting of three or four types of sandwiches, a soup, a stew, salads and an "entree" such as roasted chicken. As stated in our application, the food service will be self-service with no table service. The Little Cliff's bakery operation was run as a family business with as many as ten employees (including Ruth, Bill and Cliff) on the premises during the height of the business. We believe that financial considerations prompted Ruth and Bill to cut down on employees and run a bare bones employee type operation during the latter months. We also plan to run a family -type business. Bill Dinsmoor and I (two of the three partners) will be involved in the day to day business on a full-time basis. Julie Wyckoff (the third partner) will work part-time, as will Jane Dinsmoor (Bill's wife) and my husband. We will engage a full-time baker, a part-time chef (food preparer), and up to three additional full-time people for dishwashing, clean-up and food preparation and bakery assistance. Bill Dinsmoor (who has substantial restaurant experience) and I will be involved in the food and bakery preparation on a regular day-to-day basis and we anticipate that if out business grows in time as expected we may have to engage an assistant baker and an additional one -and -a -half persons for food preparation. Accordingly, we expect to engage a total of four -and -one-half "outside" employees for our restaurant/bakery business, which may increase to a total of seven "outside" employees if the business develops as anticipated. While our proposed use shifts the emphasis somewhat from bakery to food service, we do not believe that the new use will generate more employees than were engaged for the prior use. In both situations the emphasis was and will be owner active participation. I enclose our check to the Planning Office for $125.00 for review of our application by the Housing Office. I also enclose the following: 1) Six copies of a site plan, showing the existing and proposed structures, outdoor dining area, proposed fruit stand location and proposed landscaping. 2) Six copies of a West elevation showing a proposed trompe 1'oeil mural on the West wall of the addition and the proposed corridor between the rear building and the addition to the front building. 3) Three copies of our application for minor historic development review. That application includes copies of our application previously filed, the enclosures described in items 1 and 2 above and this letter. We thank you and your staff for your courtesy and cooperation. Sincerely, Sally tBaett v � `w. .V. NORTH ELEVATION of BAKERY 7530 y�a/%- Sfrc¢f �rickd� C U R B E c-, U T T E R Liza N i-10 i5' —i 3.8S I FO U N IRON C A P d/�IL Ul fn 04 4 )5' RIVA,ke. r�JCE to Qy O o� 140 z F B U I L D I N G 25 IT -REGE.NT A bi)--r,.4 fr posej I COrr;dor 6 u i .yr D yy{� E W �A� Ly.�1p► ,y �c.4 4 il.. `• Fiawc4 Sa RLER � ih• REBAR WITH CAP rj� r� 0sNrt,63 I ��iS iOFi�s�r (ems` FENCE r- ✓✓ll � 1 � — j rR i — —r - -svru �4 —` � ■ in I Gass ;/rza _— z _ _■ LLoff ' n �- ... a:n jf IS��ar l T I n, T I I'. �pr�dud E X 1 5 T I N G ----- -�' r I E L V/ES I ELEVATION ION cf:- BAKERY 'rR. ft4pq uoEiL- Mu2At-- EXISTING LEGAL DESCRIPTION Lots A, B R C, Black 74, Original Aspen Townsite i' t EXISTINC-i --- WEST ELEVATION ION of BAKERY AC'IG)ITICN SCALE 1' OI' t� r EXI STINC-i Oct. 19, 1987 City of As yen Asoen, CO. `.Co Who?a It Mav Concern: The Unit behind Little M iffIs Bakery, 201 h;. Plain St. has been recorded and covered on the covenant for employee hol_ising only. Clifford Little o c.m z cn 547 a v cfl r^ C� V a DECLARATION OF COVENANTS, RESTRICTIONS AND CONDITIONS FOR LITTLE CLIFF'S BAKERY Little Cliff's Bakery (hereinafter "Covenantor"), for itself and its heirs, personal representatives, successors and assigns, in consideration for the granting of a rezoning/conditional use, all with respect to the following described property, hereby covenants with the City of Aspen, County of Pitkin, Colorado, to restrict said property, and hereby does restrict said property as follows: 1. Covenantor represents that it is the record title owner of the following described property, together with the improve- ments (including a building used for bakery purposes (hereinafter "bakery") and a structure located on the rear of the property currently used for storage which may be converted into a residen- tial dwelling unit (hereinafter "dwelling unit")) located thereon: Lots A, B, C, Block ?? City and Townsite of Aspen also known as 201 East Main Street, Aspen, Colorado 81611 (hereinafter "Property"). 2. The dwelling unit located on the above described property shall and hereby is restricted solely to use as "employee housing" for use by an employee of the bakery and shall not be separated from the bakery through lease or sale. The City or its housing designee shall verify the qualifications of any um, 547 Pni_,_. -6 occupant of the dwelling unit prior to and as a condition of occupancy. 3. The covenants contained herein shall run with the land and shall be binding on all parties having any rights, title or interest in the above -described property and improvements, or any part thereof, and their heirs, representatives, successors and assigns, for the period of life of the longest -lived member of the presently -constituted Aspen City Council plus twenty-one (21) years, or for a period of fifty (50) years, whichever period is less, from the date these covenants are recorded. 4. None of the covenants contained herein shall be released, modified or waived in any respect during the period they are binding without the prior written consent of the City of Aspen reflected by Resolution of the City Council of the City of Aspen. 5. In any legal proceeding to enforce the provisions of these covenants, the prevailing party shall be entitled to recover its costs and fees therein, including its reasonable attorney's fees and expert witness fees. 6. Covenantor warrants and represents that any and all persons, firms or entities having any lien, encumbrance or interest have consented to and acknowledged that the covenants outlined herein are superior thereto and further acknowledge that 2 If Bou 547 PAGE947 the approval granted by City is expressly conditioned upon such consents and acknowledgements having been obtained. IN WITNESS WHEREOF, this declaration has been duly executed this day of �J , 1987. LITTLE CLIFF'S BAKERY STATE OF COLORADO ) ) ss. County of Pitkin ) The foregoing instrument was acknowledged before me this day of October, 1987, by Clifford W. Little. —, i1 W;TNESS MY HAND AND OFFICIAL SEAL. 1101�1 mission expires: ��7Ail J�IIC -`� 3 COMMONWEALTH LAND TITLE INSURANCE COMPANY A Reharxe Group Hoklogs Comp ay COMMITMENT FOR TITLE INSURANCE SCHEDULE A 1. Effective date: 04/11/89 AT 8:00 A.M. Case No. PCT-3323 C2 2. Policy or policies to be issued: (a)ALTA Owner's Policy -Form B-1970 Amount $ 96,000.00 (Rev. 10-17-70 & 10-17-84) or 10/21/87 Premium $ 456.00 PROPOSED INSURED: BILL DINSMOOR, SALLY BARNETT and JULIE WYCKOFF (b)ALTA Loan Policy, Amount $ (REV. 10-21-87) Premium $ PROPOSED INSURED: (c)Alta Loan Construction Policy, 1975 Amount $ (Rev. 10-17-84) Premium $ PROPOSED INSURED: Tax Cert. $ 10.00 3. Title to the LEASEHOLD estate or interest in the land described or referred to in this Commitment is at the effective date hereof vested in: PLEASE REFER TO EXHIBIT "A" ATTACHED HERETO AND MADE A PART HEREOF 4. The land referred to in this Commitment is described as follows: LOTS A, B and C, BLOCK 74, CITY AND TOWNSITE OF ASPEN, COUNTY OF PITKIN, STATE OF COLORADO Countersigned at: PITKIN COUNTY TITLE, INC. Schedule A-PG.1 601 E. HOPKINS This Commitment is invalid ASPEN, CO. 81611 unless the Insuring 303-925-1766 Provisions and Schedules A and B are attached. Authorized officer or agent r -r COMMONWEALTH LAND TITLE INSURANCE COMPANY A Belo-<e G,oap KNdnVs Comp ny EXHIBIT "A" WILLIAM R. LITTLE and RUTH A. LITTLE, dba LITTLE CLIFF'S BAKERY. By That Certain Lease Dated November 20, 1986; Title to the Fee Simple Estate or interest in the Land described or referred to in this Commitment is at the effective date hereof vested in Claude M. Conner and Claudine M. Conner by Warranty Deed recorded in Book 302 at Page 606 This commitment is invalid unless Schedule A -Section 1 PG.2 the Insuring Provisions and Schedules Commitment No. PCT-3323 A and B are attached. COMMONWEALTH LAND TITLE INSURANCE COMPANY A ReL.ince Giay Fl*fugs Compiiry SCHEDULE B-SECTION 1 REQUIREMENTS The following are the requirements to be complied with: ITEM (a) Payment to or for the account of the grantors or mortgagors of the full consideration for the estate or interest to be insured. ITEM (b) Proper instrument(s) creating the estate or interest to be insured must be executed and duly filed for record to -wit: 1. Recordation of that certain Lease by and between Claude M. Conner and Claudine M. Conner and William R. Little and Ruth A. Little, d/b/a Little Cliff's Bakery, dated November 20, 1986. 2. Good and Sufficient Assignment of that certain Lease dated November 20, 1986 by and between Claude M. Conner and Claudine M. Conner and William R. Little and Ruth Little d/b/a/ Little Cliff's Bakery assigning said Lease to Bill Dinsmoor, Sally Barnett and Julie Wyckoff. 3. Certificate of Nonforeign Status of Individual Transferor signed by Transferor (s). This commitment is invalid unless Schedule B-Section 1 PG.1 the Insuring Provisions and Schedules Commitment No. PCT-3323 r .- —A n -- 4- 4- 1.—A COMMONWEALTH LAND TITLE INSURANCE COMPANY A Reliance G,osq, Convx y SCHEDULE B-SECTION 2 EXCEPTIONS The policy or policies to be issued will contain exceptions to the following unless the same are disposed of to t:.e satisfaction of the Company:r 1. Rights or claims of parties in possession not shown by the public records. 2. Easements, or claims or easements, not shown by the public records. 3. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, and any facts which a correct survey and inspection of the premises would disclose and which are not shown by the public records. 4. Any lien, or right to a lien, for services, labor or material heretofore or hereafter furnished, imposed by law and not shown by the Dublic records. 5. Defects, liens, encumbrances, adverse claims or other matters, if any, created, first appearing in the public records or attaching subsequent to the effective date hereof but prior to the date the proposed insured acquires of record for value the estate or interest or mortgage thereon covered by this Commitment. 6. Taxes due and payable; and any tax, special assessment, charge or lien imposed for water or sewer service or for any other special taxing district. 7. Reservations and exceptions as contained in Deeds recorded in Book 59 at Pace 207 and in Book 161 at Page 7 as follows: "Provided, that no title shall be hereby acquired to any mine of gold, silver, cinnabar or copper, or to any valid mining claim or possession held under existing laws." 8. Terms, conditions, obligations and provisions of Lease by and between Claude M. Conner and Claudine M. Conner as set forth in that certain instrument dated November 20, 1986; and Assignments thereof. 9. Terms and conditions of Ordinance No. 50 (Series of 1986) designating the Webber Building, as an Historic Structure and Site pursuant to Section 24-9.7 of the Aspen Municipal Code as contained in instrument recorded January 5, 1987 in Book 527 at Page 519. 10. Terms, conditions and restrictions Little Cliff's Bakery, as contained 9, 1987 in Book 547 at Page 945. of Declaration of Covenants for in instrument recorded October This commitment is invalid unless the Insuring Provisions and Schedules A and B are attached. Schedule B-Section 2 PG.1 Commitment No. PCT-3323 COMMONWEALTH LAND TITLE INSURANCE COMPANY A Ref -Ke CAo.q WkIr V S Conruiry SCHEDULE B-SECTION 2 CONTINUED Exceptions numbered NONE are hereby omitted. The Owner's/Mortgage Policy to be issued, if any, shall contain the following items in addition to the ones set forth above: (1) The Deed of Trust, if any, required under Schedule B-Section 1. (2) Unpatented mining claims; reservations or exceptions in patents or in Acts authorizing issuance thereof; water rights, claims or title to water. This commitment is invalid unless Schedule B-Section 2 the Insuring Provisions and Schedules Commitment No.PCT-3323 A and B are attached. Commitment For Title Insurance Commonwealth Land Title Insurance Company, a Pennsylvania corporation, herein called the company, for a valuable con- sideration, hereby commits to issue its policy or policies of title insurance, as identified in Schedule A, in favor of the proposed Insured named in Schedule A, as owner or mortgagee of the estate or interest covered hereby in the land described or referred to in Schedule A, upon payment of the premiums and charges therefor; all subject to the provisions of Schedules A and B and to the Conditions and Stipulations hereof. This Commitment shall be effective only when the identity of the proposed Insured and the amount of the policy or policies committed for have been inserted in Schedule A hereof by the Company, either at the time of the issuance of this Commitment or by subsequent endorsement. This Commitment is preliminary to the issuance of such policy or policies of title insurance and all liability and obligations hereunder shall cease and terminate 120 days after the effective date hereof or when the policy or policies committed for shall be issued, whichever first occurs, provided that the failure to issue such policy or policies is not the fault of the company. IN WITNESS WHEREOF, the said Company has caused its Corporate Name and Seal to be hereunto affixed; this instrument, including Commitment, Conditions and Stipulations attached, to become valid when countersigned by an Authorized Officer or Agent of the Company. COMMONWEALTH LAND TITLE INSURANCE COMPANY Attest: By Secretary President Conditions and Stipulations The term mortgage, when used herein, shall include deed of trust, trust deed, or other security instrument. 2. If the proposed Insured has or acquires actual knowledge of any defect, lien, encumbrance, adverse claim or other matter affecting the estate or interest or mortgage thereon covered by this Commitment other than those shown in Schedule B hereof, and shall fail to disclose such knowledge to the Company in writing, the Company shall be relieved from liability for any loss or damage resulting from any act of reliance hereon to the extent the Company is prejudiced by failure to so disclose such knowledge. If the proposed Insured shall disclose such knowledge to the Company, or if the Company otherwise acquires actual knowledge of any such defect, lien, encumbrance, adverse claim or other matter, the Company at its option may amend Schedule B of this Commitment accordingly, but such amendment shall not relieve the Company from liability previously incurred pursuant to paragraph 3 of these Conditions and Stipulations. 3. Liability of the Company under this Commitment shall be only to the named proposed Insured and such parties included under the definition of Insured in the form of policy or policies committed for and only for actual loss incurred in reliance hereon in undertaking in good faith (a) to comply with the requirements hereof, or (b) to eliminate exceptions shown in Schedule B, or (c) to acquire or create the estate or interest or mortgage thereon covered by this Commitment. In no event shall such liability exceed the amount stated in Schedule A for the policy or policies committed for and such liability is subject to the insuring provisions, the Conditions and Stipulations, and the Exclusions from Coverage of the form of policy or policies committed for in favor of the proposed Insured which are hereby incorporated by reference and are made a part of this Commitment except as expressly modified herein. t. Any action or actions or rights of action that the proposed Insured may have or may bring against the Company arising out of the status of the title to the estate or interest or the status of the mortgage thereon covered by this Commitment must be based on and are subject to the provisions of this Commitment. 1 %I 6 American Land Title Aw cintion Commitment 1966 Corer Page Donn 1004.8 Y• • ID • • r• •. ' 011- 0 1) Project Name 2) Proj ect Itcation o-�,5 Pt e) R D I C R S7 tQ j),► 0 STD ^FT (indicate street addiess, loft & block mml er, legal description where appropriate) 3) Present Zoning O w 1'1� N (9 Q l( �ai�j 4) Iot Size l Uo 5) Applicant's Name, Address f& Phone # 1 U -11 rJ s M oa a- -SN lY M R NC- C - A l'�\'c e- W y e_1.0 o (-F �I e>A ►.)4e - o LO. %\ AA . A-s n e N 22 16 I I gae - a\S-I � 6) Representative's Name, Address & Phone #c-�=- r 7) Type of Application (Please check all that aPPly): ,/Conditional Use Cbnoeptual SPA Conceptual historic Dev. Special Review Final SPA Final Historic Dev. 8040 Greenline Conceptual PUD `� Minor Historic Dev. Stream Margin Final PUD Historic Demolition McKmtain View Plane Subdivision historic Designation Condc o i n i i nn i nation Text/Map Amendment fCMQ6 Allotment Iot Split/Lot Liney QR26 lion Adjustment 8) Description of Existing Uses (amber and type of existing structures; approximate sq- ft. ; rnmber of bedrooms; any previous approvals granted to the PAY) • Tt.J o EK 1 Ski C T Rom, cT4t,re s , rJ a� 10 �i 1 \ N `'v X M�q �lSeSL asp b�karn� .�s �11b Boyne �vocd 6ew�c� . �ecu b.ti�\o2w� °`-Q$`f'a�►w�.-.�e�� ov &-kt Afprto S oz- 9) Description of Development Application f�2��cs1 �e�scQ �T c,J ��- - ` -pf fc CCJL �rz �ls�e 6-F- W-tck,L ��.\e2�+o �s ��t �,�o�o.�., ,fi ��uati� 'La-e, -C-eVz&T C M Q S cx�mp'ja J K \ /ey s fl��e� I.cerv� �se e, Lk A\fi�ry R•l +nt�� w�� Lam M04Ck 1-i D Y'C .., c ►�� e o ►�� n• ae�� C�i-ft-A\NA bU"VrA gALJ1t, k l _ c.o'yIc-1 ��- �r-LT %"Ib -�w•1 - K 1'vc. ;1 e cud &- 10) Have you attached the following? y E-s Res�e to Attachment 2, Minimum Submission Omits Respimse to Attacdment 3, Specific Suhnission Qontents _ Response to Attachment 4, Review Standards for Your Application (�.:.,R tn►c.c'.e�S�,s` �e�.�'ec;�� c`�e�c►��: ExT�-tor' o�evJ �e �Nb�C"�K��t� ��« w��l Ice, �,�,.s<<�� b,--►��.��s, ��s�(�t&. Ave ��cl,,�sc& w�-��'C-.,,9aY tis.�1 ASPEN/PITKIN PLANNING OFFICE 130 S. Galena Street Aspen, Colorado 81611 (303) 920-5090 May 24, 1989 Sally Barnett 200 West Hopkins Avenue Aspen, Colorado 81611 RE: Main Street Bakery and Cafe Dear Sally, This is to inform you that the Planning Office has completed its preliminary review of the captioned application. We have determined that your application is complete. We have scheduled your application for review by the Aspen Planning and Zoning Commission at a public hearing on Tuesday, July 18, 1989 at a meeting to begin at 4:30 p.m. The Friday before the meeting date, we will call to inform you that a copy of the memo pertaining to your application is available at the Planning Office. The Land Use Regulations require that the public hearing be noticed by the applicant. Attached for your information are the Public Hearing Notice Requirements. Specifically, the Conditional Use requires posting of the property and mailing to surrounding landowners. A public notice has been enclosed for this purpose. If you have any questions, please call Tom Baker, the planner assigned to your case. Sincerely, Debbie Skehan Administrative Assistant Enclosure PUBLIC NOTICE RE: MAIN STREET BAKERY AND CAFE (FORMERLY LITTLE CLIFF'S BAKERY) CONDITIONAL USE REVIEW AND GMQS EXEMPTION IN AN HISTORIC BUILDING NOTICE IS HEREBY GIVEN that a public hearing will be held on Tuesday, July 18, 1989 at a meeting to begin at 4:30 p.m. before the Aspen Planning and Zoning Commission, 2nd Floor Meeting Room, 130 South Galena Street, Aspen, CO, to consider an application from Bill Dinsmoor, Sally Barnett & Julie Wyckoff requesting Conditional Use/GMQS Exemption approval for the property at 201 East Main Street, Lots A, B & C, Block 74, City and Township of Aspen which is historically designated. The applicants propose to move the bakery equipment into the building at the rear of the property and remodel the interior of the front building to accommodate a bakery/deli-restaurant operation with increased seating capacity. The applicant also propose an enclosed walk- way to be constructed between the two buildings. For further information, please contact the Aspen/Pitkin Planning Office, 130 South Galena Street, Aspen, CO 81611 (303) 920-5090. s/C. Welton Anderson, Chairman Aspen Planning and Zoning Commission MEMORANDUM TO: City Engineer Housing Director Environmental Health Fire Marshall FROM: Tom Baker, Assistant Planning Director RE: Little Cliff's Conditional Use/GMQS Exemption DATE: May 24, 1989 Attached for your review and comments is an application from Bill Dinsmoor, Sally Barnett, & Julie Wyckoff requesting Conditional Use/GMQS Exemption approval for the former Little's Cliff's Bakery location. Please review this material and return your comments no later than June 26th. Thank you. ASPEN/PITKIN PLANNING OFFICE 130 S. Galena Street Aspen, Colorado 81611 (303) 920-5090 Ms. Sally Barnett 200 W. Hopkins Aspen, Co., 81611 RE: Conditional Use Application For Little Cliff's Bakery Dear Sally, This is to inform you that the Planning Office has completed its preliminary review of the captioned application. We have determined that your application IS NOT complete. In order to complete the application, you will need to address the criteria for conditional use review, as recently revised by Ordinance 7, Series of 1989. Specifically, the following has been added as a review standard for all conditional use applications: "The applicant commits to supply affordable housing to meet the incremental need for increased employees generated by the conditional use". I suggest that the following is the way to assess this operation's compliance with this standard. The applicant should identify the number of employees required to serve the proposed operation, as compared to the number which served the more limited bakery operation previously approved for the site. Your representations will then be reviewed by the Housing Authority, to determine whether they meet Housing Authority standards for this use. The difference in employee generation between the former and the proposed use will be the applicant's responsibility and a suitable plan for housing must be submitted. You will also need to submit a check to the Planning Office for $125, for review of this application by the Housing Office. I regret that we did not pass this information to you at the time of your pre -application conference. This was an oversight on our part, which I hope does not inconvenience you too greatly. Please also provide us with six copies of a site plan, illustrating existing and proposed structures, general outdoor dining configuration, proposed landscaping, etc. While your application makes reference to this plan, all we received was attachment 3, illustrating the proposed elevations. Finally, we request that you submit 3 copies of your application for minor historic development review in a separate package from your application for Conditional Use/GMQS exemption. We process these applications along separate tracks and need to establish individual files for HPC versus P&Z matters. Your cooperation in this matter will be appreciated. If you have any questions in this regard, please contact Tom Baker or Roxanne Eflin. Thank you. Sincerely, o At�� / I l Alan Richman Planning Director frm.incomplete.cliffs CITY OF ASPEN f PRE -APPLICATION CONFERENCE SUMMARY PROJECT: f- f1� _ / -tom r"S APPLICANT'S REPRESENTATIVE: REPRESENTATIVE'S PHONE: o2 OWNER'S NAME: SU RY n /OA^ 1. Type of Application: �•-1' lax-- S 2. Describe action/type of development being requested: Gv r T 3. Areas is which Applicant has been requested to respond, types of reports requested: Policy Area/ Referral Agent Comments 4. Review is: P&Z Onl (CC Only) (P&Z then to CC) 5. Public Hearing: (YES) (NO) / 6. Number of copies of the application to be submitted: (4 7. What fee was applicant requested to submit:*Z D P/ O - 8. Anticipated date of submission: frm.pre app v- • S I w ID 1) Project Name 2) Project Location k c A R, e� C'_ B L e c yC "� 5 x U� C r-�,j M61N CTRCi`T (indicate street address, lot & block rnmber, legal description where appropriate) 3) Present Zoning O IN T 1� N 6 V t-LAai�1 4) lot Size 5) Applicant's Name, Address & Phone # B I U I f f-J S M mn �I S IA —Y M R OC 4 AIIX t�,�Cl.CO � F� of J 16AR►J2� �o:� LA3. kA 0 AAA . OKC?�Qn1 9 16 11 6) Representative's Name, Address & Phone # SfzN j\-. R)PI-O E-n- a0„ �=• �up•�1rV� ��4n.>i �- ��1fl11 �oZo �\�'7 7) Type of Application (please check all that apply): 4 Conditional Use Conceptual. SPA Conceptual l Historic Dev. Special Review Final SPA Final Historic Dev. 8040 Greenline Conceptual PUD Minor Historic Dev. Stream Margin Final PUD Historic Demolition Mountain View Plane Subdivision Historic Designation Oandomi n i umi?ation Ttxt/Map Amermiment GMQS Allotment Lot Split/Lot Line L �Q'R2s Excuption Adjustment 8) Description of F`xi -t i ng Uses (nm,i er and type of existing i rig structures; approximate sq. ft. ; number of bedrooms; any previous approvals granted to the Ply)- Tt,,)o ExR,,,cT.t,res �rJn1� b.it\c��N' �lvo�twta�cl iq3-- q b t�Icv 3 ,-k-kl, B o yn e. f ooA Se-wtc.L , �tIU- 61-,\ktrJ &-ff?rO T, wW .'T;e( J o', S�oQ, . Inf 1,l K '/ I UO&L\- ,COO- U-4-0- Aflpro�� bK� F�r�s �rawfiuQ N��ev�b�- 19,%11K, 9) Description of Developuent Application k-9 ttri&X o o k- LLA-r- ru eu.0 RLs� re��>z � � M Q S C )� m.P�i o �3 � �dr• � l o �( e-� fl.� p ea t-�'r.,N& �s � it. � QVC e.t-y �2.q u.+,� rt\t,� w �l ►'►'�o J C l ^9 D Y'!s� �� i � Z R- o t � � a. a e1 � t.- Urga i9UUsil�C,��'C� �tu�-.,��'C,e� at r.NT ie,..kk&.Jcj W\1\ be, %cIA �., V wr t P o rfii 0 , i, b e- Ge M CAe `cl). 10) Have you attached the following? � CS Response to Attactmient 2, Minimum Submission Contents Res se to Attachuient 3, Specific Submission Contents Response to Attachment 4, Review St-ancards for Your Application \'t � b�c��ae�iST�� c cIa v� s .e ,L,.,Jcaccfi� �xT��or o�e►J �p�� Well UOJc9 sc--w<&. Au a-,,,,e�,�sc& w�.�k-•..9aY ,,,0.11 �e �N�Tr��"Ct� a.�w,�c�Cc+�� b�i�u�S, April 24, 1989 Planning and Development Director Aspen Planning and Development Agency 130 South Galena Street Aspen CO 61611 Re: Conditional Use, GMQS Exemption, and Historic Minor Development Application Lots A,B, R C, Block 74, City and Townsite of Aspen Dear Sir: This letter constitutes the response to attachment 2, Minimum Submission Contents, for the above mentioned Development Application. The applicants are Bill Dinsmoor, Sally Barnett and Julie Wyckoff, c/o Barnett, 200 West Hopkins, Aspen, CO 81611. Telephone number (303) 920-2157. The representative authorized to act on behalf of the applicants is Saul Barnett, 200 West Hopkins, Aspen, CO 61611. Telephone number (303) 920-2157. The street address of the parcel on which the devel- opment is proposed to occur is 201 East Main Street, Aspen, CO. The legal description is Lots A, B, R C, Block 74, City and Townsite of Aspen. Attached hereto as Exhibit I is a Commitment for Title Insurance, effective date April 11, 1989, issued by Commonwealth Land Title Insurance Company, listing the names of the owners of the fee estate, the names of the owners of the existing leasehold estate and all recorded mortgages, judgments, liens, easements, contracts and agreements affecting the property. The applicants have entered into a written purchase - 2 - agreement with the owners of the leasehold estate under which the applicants will purchase the leasehold estate and substantially all of the equipment and supplies now used in the operation of the bakery business currently conducted at the property. The closing of the purchase and sale is now scheduled to take place on may 4, 1989. Attached hereto as Exhibit 2 is an 8is" by 11" vicinity map locating the subject parcel within the City of Aspen. The following is an explanation of why the proposed development complies with the substantive development review standards relevant to the Development Application: The subject property is zoned 0-Office District, with "H" overlay. There are two buildings on the site which are individually historically designated. The front building (containing approximately 1430 square feet) is now used as a bakery and for over-the-counter service of beverages, baked goods and sandwiches. The front building originally contained 1170 square feet and an addition of approximately 260 square feet was added to the rear of the building pursuant to the bakery conditional use granted in November, 1986. The rear building (containing approximately 900 square feet) is used for the storage of items used in the bakery business. There is an outdoor deck on the east side of the front building which is used for outdoor eating when weather permits. The applicants plan to remodel the interior of the rear building and move all of the bakery equipment from the front building to the rear building. All of the bakery equip- ment is now located in the rear portion of the front building - 3 - (approximately 260 square feet) and in the west half of the front portion of the front building (approximately 585 square feet). The east half of the front portion of the front building is now used as retail space for display cases, refrigeration units, counter, and customer seating. With the removal of the bakery equipment to the rear building, the applicants plan to use the rear portion of the front building (approximately 260 square feet) as an expanded kitchen facility (part of that space is now used for kitchen facilities) and to expand the retail space in the front portion of the front building by utilizing the west half now used mostly for bakery equipment. Applicant also plans to construct an enclosed corridor between the front and rear buildings, creating a doorway opening in each building approximately 4 feet wide by 8 feet tall and a connecting corridor running approximately A feet between the buildings. The exterior of the connecting corridor will be finished with stucco to match the exterior of the existing buildings. The exterior of the existing buildings will be repaired to patch and paint missing stucco and clean up the exterior appearance. As is the case with the present use, the proposed development will conduct a retail and wholesale bakery business and the retail sale of baked goods and other food products by over-the- counter service with no waiter or waitress table service. In addition to fresh -baked products, the applicants will serve a variety of coffees, teas and juices, soups, sandwiches, stews, cheeses, pates, pastas, salads and simple "main course" specialties. The target customers are locals and seasonal locals and the emphasis will be to enable customers to easily and conveniently "take-out" well -prepared, fresh, delicious foods (whether baked goods, snadwiches, cheeses, stews or a whole roasted chicken) to eat at home or for a music tent picnic or a hiking or biking trip. The interior table seating will be increased from approximately 10 persons to - 4 - approximately 40 persons depending on the configuration of the remodeled space and the extent of the display cases, wall shelving and counters placed in the retail space. The exterior patio will be used for outdoor patio eating as is now the case with the present use. When the current user applied for a bakery conditional use in October, 1986, the applicant stated that it might use the rear building as a residence. Because of the problems raised by the possibility of two principal uses on the property, the conditional bakery use was granted with the condition that if the auxiliary rear building was used as a residence, it would be occupied only by an employee of the bakery and not be separated from the bakery through lease or sale. In fact:}.. the rear building has not been and is not now used as a residence, but has been used as auxiliary storage space for the bakery. The applicant seeks to solidify the connection between the two buildings by requesting in this application the bakery/restaurant conditional use of both buildings. The applicant intends to provide six on -site parking spaces and will maintain the same or, if required, an enlarged trash area at the rear of the property. The proposed development will use the same food and supply vendors as are now used by the existing bakery/food operation and we do not anticipate a more frequent delivery schedule. As stated in Section 5-213 A of the Regulations, the "purpose of the Office (0) Zone District is to provide for the establishment of offices and associated commercial uses in such a way as to preserve the visual scale and character of former residential areas that are now adjacent to commercial and business areas, and commercial uses along Bain Street and other high -volume thoroughfares." And as stated in Section 7-301 of the Regulations, "Conditional uses are those land uses which are - 5 - generally compatible with the other permitted uses in the Zone District ." The proposed bakery and restaurant use of the property will preserve the present scale and character of the buildings and is consistent with the purposes and intent of the Aspen Area Comprehensive Plan and the Office (0) Zone District. The surrounding uses include commercial retail to the North and East of the property and Paepcke Park to the West. The residences to the South are separated from the property by the parking area and a paved alley. The businesses in the block to the East include a coffeehouse with food service at one site and a take-out sandwich shop at another. Also, diagonally across Main Street, there is the 5ardy House with:restaurant facilities. Accordingly, the proposed conditional use is clearly consistent and compatible with the character of the immediate vicinity of the subject property and the surrounding land uses. Also, by providing a bakery and deli -restaurant services (primarily "take-out") with a variety of baked goods, prepared foods and packaged food products, the proposed development will enhance the mixture of complimentary uses and activities in the immed- iate vicinity and, indeed, in the entire community. The proposed conditional use minimizes any adverse effects on surrounding properties. The alley behind the property has been paved, reducing the amount of dust, dirt and stones created by vehicular traffic. There are six parking spaces provided in the rear of the property and parking is available on main Street and Aspen Street (particularly beside Paepcke Park). In addition, the property is located on a main bus route with half -block access to RFTA bus stops for down -valley and local bus service, and within easy walking distance to the downtown core area and the new city parking structure under construction. The applicants intend to continue a bike rack - 6 - on the property to reduce the potential for driving to the site. As stated, the trash areas in the rear will be main- tained or enlarged and the frequency of delivery service will not be significantly increased over the present use. The increased amount of deli -restaurant food service anticipated by the applicants will not to any noticeable extent increase the amount of vibrations, odors or noise emanating from the property and the applicants' intended new landscaping for the open space will enhance the visual beauty and serenity of the property and of the surrounding area. The property is located at the intersection of main and Aspen Streets and is easily served by police, fire and emergency medical services. Paepcke Park is across Aspen Street and the property is served by water, electric, sewer and other Aspen utilities. GMQ5 Exemption Since the existing front and rear buildings have been, and are now, used for commercial purposes (a bakery/ food service in the front building and storage in the rear building), the only new commercial space resulting from the proposed development is the approximate 16 square feet of connecting corridor to an historic structure. Because of this minimal new commercial space, we believe the Planning Director may grant the GMQS exemption under Section 8-104 Alb of the Regulations. Section B-104 A2 provides that an applica- tion for a Building Permit shall be submitted before an exemption from GMQ5 can be considered by the Planning Director. Since the application for the Building Permit will not be submitted until the Commission's approval of the Conditional Use Application and the HPC's favorable review of the minor Historical Development Application, we request concurrent Planning Director review. - 7 - Minor Historic Development We believe that the proposed openings to be made in the walls of the two buildings, the construction of the enclosed approximate 16 square feet connecting corridor, and the patching and cleaning of the exterior of the buildings are Minor Development of an historic structure as defined in Section 7-601 E2 of the Regulations. The connecting corridor will be constructed in the narrow separation now existing between the two buildings and will not be observable from the front of the property or the sides of the property except when looking directly into the small separation area between the buildings. It will have a very minimal effect, if any, on the original design of the two buildings and will have no effect on the character of the neighborhood. A scale drawing of the connecting corridor in relation to the existing buildings is attached hereto as Exhibit 3. Section 6-205 A3 provides that a Development Applica- tion for Minor Development for an Historic Landmark shall be reviewed by the Aspen Historical Preservation Committee (HPC) pursuant to the procedures set forth. Conditional Use Section 6-205 A2 of the Regulations provides that a Development Application for Conditional Uses shall be reviewed by the Aspen Planning and Zoning Commission (the "Commission") pursuant to the procedures set forth. Section 5-213 C1 of the Regulations provides that a restaurant use is a conditional use in the Office (0) Zone District for structures that have received historic landmark designation. We have been advised by your agency that a - e - bakery as a conditional use was inadvertently omitted from Section 5-213 C of the Regulations when they were adopted and that the Regulations are being amended by technical correction amendment to include bakery as a conditional use under Section 5-213 C1. We are attaching hereto as Exhibit 4 a sketch plan of the site showing relevant existing and proposed features and proposed elevations of the connecting corridor and the buildings. Consolidated Applications Article 7, Division 3, Section 7-305 of the Regula- tions provides that a Development Application for a Conditional Use may be consolidated with any other Development Application pursuant to the requirements of Common Procedures, Article 6, Division 21 of the Regulations. Section 6-202 C of the Regulations provides that if the applicant has requested the consolidation of Development Applications, the Director shall waive any overlapping application submission requirements in the Consolidated Development Application. For the reasons set forth above, we believe that the proposed Conditional Use GMQS exemption and Historic minor Development are appropriate and consistent with the intent, objectives and purposes of the Aspen Area Comprehensive Code and the Aspen Land Use Regulations, and we respectively request favorable action at the earliest possible date. If you have any questions or require any further information, please contact the undersigned or our representative. riEALTH CENTER i PATH STATE HIG~Y NO 02 TO ASPEN HIGHLANDS SUTTERMILK SNOWM^SS ASPEN INSTITUTE ►AEPCKE AUDITORIUM d� MUSIC TENT TENT � u PHYSICS INSTITUTE T L m� SMUGGLER STREET J O O OHALLAM �STREET ID¢ o WOO O O n 0 O � SLEEKER STREET 000000_ HOPKINS AVENUE _o S"b jeep Propj,1T I Aspen IA Mile I SM LER TRAILER FIT PARKING OKLAHOMA FLATS r D ON &a Sttlon (` \ J HEERKRRON PA ZMPRCK r cc < HYMAN AVENUE wr < z '00 0 a �J 0 L� ICN Boo 3 COPPER Z AVE / a o <� o oho JUAN ST AN LAWNS I TA T ST \` SHARK ST L I 2 I w I G I; g� I J� I I 7 /¢ NtER O / � I \ I SILVR LONE PINE ROAD a \ \\\\\ 0 AVENUE LAKE VIEW ADOITION\\�� _ _ SPRING \NG I KING STREET a QUEEN ST GARRISH PARK DURANTAVE LITE CHILDRENSI - 9 - Thank you for your attention. Very truly yours, ----------- --------------- Sally Barne IY__--1 -- --------- Bill Dinsmoor COMMONWFALTH LAND TITLE INSURANCE COMPANY A Reliance Groary F"dhngs Compury COMMITMENT FOR TITLE INSURANCE SCHEDULE A 1. Effective date: 04/11/89 AT 8:00 A.M. Case No. PCT-3323 C2 2. Policy or policies to be issued: (a)ALTA Owner's Policy -Form B-1970 Amount $ 96,000.00 (Rev. 10-17-70 & 10-17-84) or 10/21/87 Premium $ 456.00 PROPOSED INSURED: BILL DINSMOOR. SALLY BARNETT and JULIE WYCKOFF (b)ALTA Loan Policy, Amount $ (REV. 10-21-87) Premium $ PROPOSED INSURED: (c)Alta Loan Construction Policy, 1975 Amount $ (Rev. 10-17-84) Premium $ PROPOSED INSURED: Tax Cert. S 10.00 3. Title to the LEASEHOLD estate or interest in the land described or referred to in this Commitment is at the effective date hereof vested in. PLEASE REFER TO EXHIBIT "A" ATTACHED HERETO AND MADE A PART HEREOF 4. The land referred to in this Commitment is described as follows: LOTS A. B and C, BLOCK 74, CITY AND TOWNSITE OF ASPEN, COUNTY OF PITKIN, STATE OF COLORADO Countersigned at: PITKIN COUNTY TITLE, INC. Schedule A-PG.1 601 E. HOPKINS This Commitment is invalid ASPEN, CO. 81611 unless the Insuring 303-925-1766 Provisions and Schedules A and B are attached. Authorized officer or agent COMMONWEALTH LAND TITLE INSURANCE COMPANY A Reliance Gasp f-bldutMs Compnry EXHIBIT "A" WILLIAM R. LITTLE and RUTH A. LITTLE. dba LITTLE CLIFF'S BAKERY. By That Certain Lease Dated November 20, 1986; Title to the Fee Simple Estate or interest in the Land described or referred to in this Commitment is at the effective date hereof vested in Claude M. Conner and Claudine M. Conner by Warranty Deed recorded in Book 302 at Pace 606 This commitment is invalid unless Schedule A -Section 1 PG.2 the Insuring Provisions and Schedules Commitment No. PCT-3323 A and B are attached. COMMONWEALTH LAND TITLE INSURANCE COMPANY A Refance Glary F",I, gs Ccriox y SCHEDULE B-SECTION 1 REQUIREMENTS The following are the requirements to be complied with: ITEM (a) Payment to or for the account of the grantors or mortgagors of the full consideration for the estate or interest to be insured. ITEM (b) Proper instrument(s) creating the estate or interest to be insured must be executed and duly filed for record to -wit: 1. Recordation of that certain Lease by and between Claude M. Conner and Claudine M. Conner and William R. Little and Ruth A. Little, d/b/a Little Cliff's Bakery, dated November 20, 1986. 2. Good and Sufficient Assignment of that certain Lease dated November 20, 1986 by and between Claude M. Conner and Claudine M. Conner and William R. Little and Ruth Little d/b/a/ Little Cliff's Bakery assigning said Lease to Bill Dinsmoor, Sally Barnett and Julie Wyckoff. 3. Certificate of Nonforeign Status of Individual Transferor signed by Transferor (s). This commitment is invalid unless Schedule B-Section 1 PG.1 the Insuring Provisions and Schedules Commitment No. PCT-3323 . --' - ---- - __- -` --2 3 COMMONWEALTH LAND TITLE INSURANCE COMPANY A Relivxe Gimp F"dav Comprry SCHEDULE B-SECTION 2 EXCEPTIONS The policy or policies to be issued will contain exceptions to the followina unless the same are disposed of to the satisfaction of the Company:V 1. Rights or claims of parties in possession not shown by the public records. 2. Easements, or claims of easements. not shown by the public records. 3. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, and any facts which a correct survey and inspection of the premises would disclose and which are not shown by the public records. 4. Any lien, or right to a lien, for services, labor or material heretofore or hereafter furnished, imposed by law and not shown by the public records. 5. Defects, liens, encumbrances, adverse claims or other matters, if any, created, first appearing in the public records or attaching subsequent to the effective date hereof but prior to the date the proposed insured acquires of record for value the estate or interest or mortgage thereon covered by this Commitment. 6. Taxes due and payable; and any tax, special assessment, charge or lien imposed for water or sewer service or for any other special taxing district. 7. Reservations and exceptions as contained in Deeds recorded in Book 59 at Page 207 and in Book 161 at Pace 7 as follows: "Provided, that no title shall be hereby acquired to any mine of gold, silver, cinnabar or copper, or to any valid mining claim or possession held under existing laws." 8. Terms, conditions, obligations and provisions of Lease by and between Claude M. Conner and Claudine M. Conner as set forth in that certain instrument dated November 20, 1986; and Assignments thereof. . 9. Terms and conditions of Ordinance No. 50 (Series of 1986) designating the Webber Building, as an Historic Structure and Site pursuant to Section 24-9.7 of the Aspen Municipal Code as contained in instrument recorded January 5, 1987 in Book 527 at Page 519. 10. Terms, conditions and Little Cliff's Bakery, 9, 1987 in Book 547 at restrictions of Declaration of Covenants for as contained in instrument recorded October Page 945. This commitment is invalid the Insuring Provisions and A and B are attached. unless Schedule B-Section 2 PG.1 Schedules Commitment No. PCT-3323 COMMONWEALTH LAND TITLE INSURANCE COMPANY A Rene Gicup Holdings Company SCHEDULE B-SECTION 2 CONTINUED Exceptions numbered NONE are hereby omitted. The Owner's/Mortgage Policy to be issued, if any, shall contain the following items in addition to the ones set forth above: (1) The Deed of Trust, if any, required under Schedule B-Section 1. (2) Unpatented mining claims; reservations or exceptions in patents or in Acts authorizing issuance thereof; water rights, claims or title to water. This commitment is invalid unless Schedule B-Section 2 the Insuring Provisions and Schedules Commitment No.PCT-3323 A and B are attached. � l.� JY G t s ft: � � • t �l 1 ♦'f k�i, t •5..+. •M X � Vi It A ld `�•r„)y 77 : � '�� _ ", . ... _, Ate. } + • •.<7 ` <� �� _ . �: fii� ' ' • �� t` �_ �-_air. Commitment For Title Insurance Commonwealth Land Title Insurance Company, a Pennsylvania corporation, herein called the company, for a valuable con- sideration, hereby commits to issue its policy or policies of title insurance, as identified in Schedule A, in favor of the proposed Insured named in Schedule A, as owner or mortgagee of the estate or interest covered hereby in the land described or referred to in Schedule A, upon payment of the premiums and charges therefor; all subject to the provisions of Schedules A and B and to the Conditions and Stipulations hereof. This Commitment shall be effective only when the identity of the proposed Insured and the amount of the policy or policies committed for have been inserted in Schedule A hereof by the Company, either at the time of the issuance of this Commitment or by subsequent endorsement. This Commitment is preliminary to the issuance of such policy or policies of title insurance and all liability and obligations hereunder shall cease and terminate 120 days after the effective date hereof or when the policy or policies committed for shall be issued, whichever first occurs, provided that the failure to issue such policy or policies is not the fault of the company. IN WITNESS WHEREOF, the said Company has caused its Corporate Name and Seal to be hereunto affixed; this instrument, including Commitment, Conditions and Stipulations attached, to become valid when countersigned by an Authorized Officer or Agent of the Company. COMMONWEALTH LAND TITLE INSURANCE COMPANY Attest: / By GSecretary President Conditions and Stipulations 1. The term mortgage, when used herein, shall include deed of trust, trust deed, or other security instrument. If the proposed Insured has or acquires actual knowledge of any defect, lien, encumbrance, adverse claim or other matter affecting the estate or interest or mortgage thereon covered by this Commitment other than those shown in Schedule B hereof, and shall fail to disclose such knowledge to the Company in writing, the Company shall be relieved from liability for any loss or damage resulting from any act of reliance hereon to the extent the Company is prejudiced by failure to so disclose such knowledge. If the proposed Insured shall disclose such knowledge to the Company, or if the Company otherwise acquires actual knowledge of any such defect, lien, encumbrance, adverse claim or other matter, the Company at its option may amend Schedule B of this Commitment accordingly, but such amendment shall not relieve the Company from liability previously incurred pursuant to paragraph 3 of these Conditions and Stipulations. Liability of the Company under this Commitment shall be only to the named proposed Insured and such parties included under the definition of Insured in the form of policy or policies committed for and only for actual loss incurred in reliance hereon in undertaking in good faith (a) to comply with the requirements hereof, or (b) to eliminate exceptions shown in Schedule B, or (c) to acquire or create the estate or interest or mortgage thereon covered by this Commitment. In no event shall such liability exceed the amount stated in Schedule A for the policy or policies committed for and such liability is subject to the insuring provisions, the Conditions and Stipulations, and the Exclusions from Coverage of the form of policy or policies committed for in favor of the proposed Insured which are hereby incorporated by reference and are made a part of this Commitment except as expressly modified herein. 4. Any action or actions or rights of action that the proposed Insured may have or may bring against the Company arising out of the status of the title to the estate or interest or the status of the mortgage thereon covered by this Commitment must be based on and are subject to the provisions of this Commitment. NM 6 American Land Title Association Commitment 1966 Cover Page Form 1004-8 m 4 1 � IF - a t— Ir I 41L T T 0 A _J j-, e 4w# zl�! it J c- c oil 4kfw 0 � tm�, -JAL -Xl!iLL—)l tv-1 j %%ft 4h lkl k lit el t4.wA L IL *14k 1, 1/15 1 " c u = I Fonr s I T S F L o T c es L 7 4 LITTLE CLiFr--$ 201 MAIN STREE T ASPEN) COLOR ADO OCTOaER '8 (o Ak- I lfl 111C (3 IL L R U T snd CLIFF LITTLE Ll T r LG CLIFFS 13Al4EkY- C-,tC)K 2VC6 VF-W,CO- 81612 Gus T 4P fA e- A p x Ft. 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