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Home My WebLink AboutLand Use Case.709 E Durant Ave.43A-85-0199 0 19,#001 Ave WooperÂ©06- Coomin,aum 436-&5- Â«el (21 kr A meupvrer Â»744:,0 0 -3--/11- R - .... "900.- Â·4 t â€¢ EISPEn CLUB LODGE 709 EAST DURANT AVENUE ASPEN, COLORADO .. . P SUMMARY OF F.A.R. TRANSFER 103.13 SQUARE FEET OF EXISTING F.A.R. ALONG SOUTHWEST PERIMETER OF THE BUILDING HAS BEEN REMOVED.(SEE SHEET A-1 AND 1982 BUILDING PERMIT FOR SPINNAKER LOUNGE). THIS 10313 SQUARE FEET OF EXISTING F.A.R. WILL BE TRANSFER.ED IN THE FOLLOWING MANNER: ITEM -1 NEW HOTEL ENTRANCE AWNING =37.9 SO. FT. (SEE SHEET A-1 AND ITEM-1 NARRATIVE) ITEM-3 NEW AIR LOCK TO EAST WING=24.0 S.Q. FT. (SEE SHEET A-1 AND ITEM-1 NARRATI'VE) ITEM-8 UP GRADE OF ROOM 252 EAST WING=37.8 SQ. FT. TOTAL OF ITEMS: 1,3,8 - 99.7 SO. FT. THIS REPRESENTS A NET DECREASE OF 3.43 SO. FT. IN F.A.R. - , ASPEn CLUB LODGE + a 709 EAST DURANT AVENUE ASPEN, COLORADO PROPOSED CHANGES TO EXISTNG WOODSTONE INN ITEM - 1 (SHEET A-1) NEW MA IN ENTRANCE TO HOTEL AT SPPING STREET REMOVAL OF EXISTING 1790'SQUARE FOOT AWNING. INST ALLATION OF NEW - 10 8 SQUARE FOOT AWNING THIS REPRESENTS A TRANSFEP OF 37 8 101.i.AR:E FEET OF EXISTING FAR FROM 1982 BUILDING PERMIT SEE SHEET A--1 ITEM -2 (SHEET A-1) PE MO'VAL OF EXISTING TRASH FACILITY AND CONSTRUCTION OF NE 'i,Â·,: F L 1.-1 4.1,1/E P BOX TO MATCH EXISTING SOUTH ENTRANCE FLI]WER BOW TH'!3 DOES NOT PEPPE'BENT ANY CHANGE IN EXISTING FAR. ITEM -3 (SHEET A-11 ADDITION OF A GLASSED IN AIR LOCK AT THE SOUTHWEST EA5T WING ENTRANCE. THIS REPRESENTS A TRANSFER OF 24 SQUARE FEET OF EXISTING FAR FROM 1982 BUILDING PERMIT. SEE SHEET A-1. THIS DOES NOT REPRESENT ANY INCREASE IN EXISTING FAR. ITEM -4 (SHEET A-I) WEST HALLWAY CONS TRUC E P.)N CIDNSTRUCTION OF ACCESS DOOPWAY IN THE WE'31- I, i DE 'Ilf- P-i- :HSE',Â·' IT ALLCIW GUESTS BETTER' ACCESS FF'ICI[~1 THE LOBBY TO THE NE [ i :1 f ' IL'I 1 THI'i, DOES NOT REF'R'ES,ENT ANY INHANGE IN E?0:.1 'I,-FINE, FAP LUM -5 (SHEET A-1) EAST HA[-LWAY CONSTRUCI ioN FONSTRUCTION OF ACCESS DOORWAY IN THE EAST SIDE OF THE LOEIGY TO ALLOW IGI-IE'STS BETTER ACCESS FROM THE LOBBY TO THE EAST WING ROOMS TI-IlS DOES NOT REPRESENT ANY CHANGE IN EXISTING FAR ASPEN*PIT~V REGIONAL BUILDING ~PARTMENT 506 East Main Street -w Aspen, Colorado 81611 - 303/925-5973 BUILDING INSPECTION CHECK LIST Inspection Reinspection Partial Complete Permit No. Yoll- Steel - Electric Plumbing - Heating -_ Building Footings Temp Underground Rough Frame Cassions Underground - Waste & Vent _--__ Flue Insul. Wall ___ Swim Pool - Water Pipe F. P. Flue - Drywall Struct. Slabs Rough -_ Gas - Glass Door - Special Damp Proof - Service Final - Combust. Air Mobile Home i. Foun. Insul Final Final Final Found. Drain Stove Type - Zoning FIRELIFE&SAFETY Stove # Accepted ' ~ Rejected Reinspection Fee $30.00 Yes No No. Bdrms. (You are ordered to make the following corrections on the construction which is now in progress at the address below) thÂ«56.m 61.! E (~OLD AN\Ottl R_AGG~) 0,4-0 54: D O F-i= * doN- -266452.6 - Kitchen _ Tub____ Shower- Lav.- W.C.- Ice___ W. Bar___ Tub/Shower- Jacuzzi Bidit_ - _ Hose Bib- Laundry- Auto Washer___ Hot Tub __-_ D.W.- City- County- Time of Arrival/48 Time of Departure/,4 /3 Address 30 9 2 , Duran-1- Phone Work' Home: Subdivision Request Redd Zf lf/ 3 19(00 9 1 4 7 Time contractor (43 a La Q ro Request for M. T. WOM) FR./Â£2IP.M. Time I ' dll_ A. - Owner 4 5pn r I V/~ Â£Â°An E- Inspected Date 36~ Inspector .E .701,09 Rev. 1/85 , U .. COLOmBO ARCHITECTS CONTRACTORS DEVELOPERS 715 W. MAIN ST. ASPEN, CO 81611 (303) 925-6079 ASPEN/PITKIN REGIONAL BUILDING DEPARTMENT 517 E. HOPKINS F March 24,1986 4 ASPEN, CO. 81611 0 Sfor< 66,14 7,# U'. 15DM JIM WILSON 41 -1. 80 0 BILL DRUEDING kied,w.4 ht,3-,4,44 5Lo.!,tlot c64 +W P. 4- RE: Meeting of March 17,1986 Jim & Bill, Pursuant to our meeting of March 17,1986 on the conditions and requirements necessary to accommodate an acceptable "scaling off" of the abandoned F.A.R. area of the former Anchorage Restaurant facility. I would like to follow up with this memo which summarizes our discussion and outlines the collective points and requirements for demolition and new construction. DEMOLITION 1. Remove anlighting fixtures and install cover plates . DANT 2. Remove all electrical panels and sub-panels in area. 1 3. Remove all plumbing fixtures and cap lines in concrete in wall 4 4. Remove ventilation equipment and cap duet work at point of separation 5. Cap gas line either at point of reuse in non-abondoned area or if this does not occur at this level, cap back at boiler room. 6. Remove all hoods, vents and drains from kitchen area abondoned. 7. Remove access via fire door at pool area, i.e. Remove pool building or make it self contained with no access via stairs or door to the abandoned area. 8. Remove all counters, shelves, tables, salad bars or bars which occur in this area. 8. Order a Demolition inspection by Building Department and Zoning prior to any new construction. NEW CONSTRUCTION l 1. Construct a continuous 2x6 stud wall with 5/El" Type X gyp. bd on both sides at point of separation from useable space. 9 2. Access to this area shall be via only a single minimum access ( 18*24) fire access door. March 24,1986 Bulldlng [~artment Memo-Aspen Club Lodge-Meetll'~70 f March 17, 1986 4 3. Provide only a minimum light source for the area (2-flourescents) switched at access door. 4. Relocate any displaced electrical panels or sub-panels to non-abandoned area. 5. Retain sprinkler system in the abandoned area 6. Verify thr. fire rating of any mechanical shafts which may enter or exlt area. Cover all sharts with 1 hr. lids. 7. Notify the fire department of the location and nature of any abandoned Shafts. 8. Install in line smoke detector in the abandoned area. In series with smoke detectors located in useable space. 9. Order full final inspection of new construction Note: It should also be noted that the applicant does have the right to apply for credit for all plumbing fixtures removed. e.g. sinks, water closets,etc. Our office will be submitting Demolition and New Construction plans addressing the aforementioned items within the next few days. Should you have any questions or additions to the requirements as I have listed them, please contact my office at your earliest convenience so that this process can be completed aft expediously as possible and the applicant can meet his commitment to the City. Thank you for your helpfulness and cooperation in this project Sincerely, ~lan~s P. Colombo UPI: ms CC: Jim Wilson 8111 Drueding 4 Alan Richman Richard Butera Andy Hecht .. COLOmBO ARCHITECTS CONTRACTORS DEVELOPERS 715 W MAIN ST ASPEN, CO 81611 (303) 925-6079 j i J March 18,1986 1 L L---..Jlwl City Clerk's Ottice Kim Wilhoit --J 130 S. Galene St. Aspen, CO 81611 Re: Withdrawal of Board of Adjustments Application for the Aspen Club Lodge- Open Space Varience Deer Kim, Please accept this formal request of withdrawal of application for Open Space Variance to the Board of Adjustments on behalf of the Aspen Club Lodge. The applicant was requesting an open space variance to accommodate an Employee Parking facility ramp. The applicant has decided to withdraw this request and to not build the employee parking facility. Alan Richman, Paul Taddune, Steve Berstein, Jim Wilson and 8111 Drueding ere aware of this request for withdrawl on this matter I would like to thank yourself es well as 811 of the Board of AdJustment members for their patience and assitence on this metter Sincerâ‚¬Â© 06le'go James Ff. Colombo JPC:lnâ‚¬ CC: v Kim Wilhoit ~Alan-Richmah---y.7 9 ~-Â£ Paul Taddune Ellil Drueding Richer-d Outer-ti .. MEMORANDUM TO: Jim Wilson, Chief Building Official Bill Drueding, Zoning Official FROM: Steve Burstein, Planning Office RE: Woodstone/Aspen Club Lodge FAR Exemption of Basement Space DATE: ~ March 17, 1986 In a meeting with Alan Richman, Paul Taddune, Dick Butera, Jim Colombo and myself held on March 6, 1986, the transfer of FAR space and other matters concerning building and zoning code enforcement were discussed. The results of the meeting are as f ollows: 1. The Planning Office is satisfied if the 2,223 square feet of the former Anchorage Restaurant is (a) closed off through removal of natural light and ventilation, and all mechanical systems such as plumbing and heating such that it does not meet the Uniform Building Code definition of habitable space, and (b) is not used for storage or any other use in the C-1 zone district which would count as FAR (i.e., it is totally dead space). This arrangement, which appears to be preferred by the owner over the parking area proposal, can be made to the Building Department's satisfaction in the absence of the Board of Adjustment meetings. 2. The Planning Office recommends that a perdiem fine for violation of this closure, as proposed by Dick Butera on several occasions, be included in an agreement with the owner. 3. Mr. Butera agreed to complete the condominiumization plat with the understanding that no employee deed- restriction are necessary until the time of sale of any unit. The Planning Office recommends that a temporary Certificate of Occupancy be issued for 30 days as suggested by Mr. Butera, to allow for completion and filing of the plat. CC: Paul Taddune, City Attorney .. MEMORANDUM TO: Paul Taddune, City Attorney FROM: Steve, Burstein, Planning Office RE: Woodstone (Aspen Club Lodge) Condominiumization Plat DATE: 1 February 25, 1986 4 The purpose of this memorandum is to clarify the status of the conditions of approval given by Council for Woodstone (Aspen Club Lodge) Condominiumization Plat amendments on August 26, 1985 and December 16, 1985. Most of the conditions of approval were to be met prior to the recordation of the condominiumization plat. Dick Butera's present intention is to not condominiumize the Woodstone and therein avoid compliance with certain conditions of approval. The key conditions Mr. Butera would like to avoid are the necessity of filing a plat amendment prior to the issuance of a Certificate of Occupancy and deed restricting employee housing. We need to determine what further action is needed. I suggest that we look at the following possible actions relating to this situation: 1. Consider vacation of the plat of record, 2. Require follow-through with the recordation of the plat and all conditions attached to it, 3. Consider amending the conditions of approval, or 4. Create an ad-hoc agreement between the City and the owner to ensure that the conditions of approval which mitigate impacts from the proj ect that are most important to the City's interest are met. Each of these alternatives is evaluated below: 1. It appears that vacation of the Woodstone Condominium map could be accomplished through resubdivision. Based on Section 20-4(a) of the Municipal Code, condominiumization is a resubdivision activity. To rejoin all condominium units into a single parcel would be a resubdivision act ivity and handled procedurally as a subdivision exception. The main loss to the City from this approach would be the employee housing commitment. One on-site unit and four units in the Cortina Lodge have been approved to meet the Woodstone's employee housing obligation set through condomin- iumization. This change effects the Cortina condominiumization .. proj ect. The condominium declaration of covenants would need to reflect the absence of these deed-restricted units associated with the Woodstone. However, the entire Cortina Lodge was to be deed-restricted as a low income employee domitory; and units not associated with either the Jerome or Woodstone would be reserved for future employee housing obligation. The Woodstone vacation would not cause the Cortina employee housing project to be disolved if Mr. Butera proceeds with that condominiumization and deed-restric- tion as approved. The off-site parking requirement for 23 parking spaces set as a condition of the original condominiumization approval has been waived in an April 2, 1985 agreement. On-site parking would be effected if the applicant does not implement the parking plan approved through the August 26, 1985 amendments, potentially increasing the Woodstone's non- conformity regarding on-site parking requirements (see discussion of Condition #5 below). Other conditions of approval have been met, and so would not appear to be effected by subdivision vacation. However, the City has no assurance that such features as the handicapped access and trash storage pick-up arrangements are not changed. 2. Recordation of the plat would be the cleanest and most desireable alternative, now set in place by City approvals to occur. It allows the City to address prior to plat recordation and issuance of a Certificate of Occupancy, parking, FAR transfer and the other conditions attached to the August 26 and December 16, 1985 approvals. We could also address the mezzanine restaurant deck question posed by the Aspen Alps Homeowner's Association. 3. One possible amendment to the conditions of approval is to delete the requirement that prior to issuance of a Certificate of Occupancy the condominiumization plat must be recorded. The effect of this is to allow the condominium plat is linger on in limbo; other than that no harm would result to the City. 4. In the event that the plat was vacated (Alternative #1), it would be desireable to make an agreement concerning on-site parking plans, trash and handicapped access and possibly employee housing to ensure that these matters are handled to the City's satisfaction. Discussed below are the pertinent conditions attached to Council's approvals of the Woodstone Plat amendments. Council approved the requested plat amendment on August 26, 1985 subject to the seven conditions listed on the attachment. I have the following comments and concerns: Condition #3: The awning encroachment license was granted .. by Council and the awning has been constructed. Condition #4: The Cortina Lodge employee housing project has been approved including Units 1, 9, 10 and 17 for Woodstone employees; however, no Cortina condominiumization plat nor deed restrictions have been recorded and no deed- restriction has been filed on Room 232 of the Woodstone to my knowledge. The employee commitment originated with the Soderling Subdivision Exception, approved May 11, 1981 and has been reaffirmed throughout all subsequent agreements between the City and the owner of the Woodstone. The April 2, 1985 agreement between Woodstone Associates and the City of Aspen states "...the four (4) deed-restricted employee housing units for employees of the Woodstone Inn Condominium is a condition of condominiumization approval, and therefore, must be satisfied prior to the sale, conveyance, mortgage, or encumbrance of any individual condominium units in the Woodstone Inn..." It appears that since approval of the Cortina employee housing units for Woodstone employees has been accomplished, then no further action (i.e., deed-restriction) is required before the final condominiumization plat can be recorded. The units must be deed-restricted, however, before the sale, conveyance, mortgage or encumbrance of individual condominium units. Condition #5: The Planning Office and Engineering Department have approved a new parking plan submitted by Jim Colombo showing 66 spaces that included a new parking space in an area that had landscaping. The landscaping rocks have been removed and a new space created. The existing trash area has also been removed. The Woodstone's parking is still non-conforming. Section 24-4.5 of the Municipal Code calls for 1 space per bedroom (92 spaces) and 4 spaces per 1,000 square feet for other uses (8 spaces for the restaurant), a total of 100 spaces for this facility. It appears that the City should still be working with the owner to remedy this situation (see Condition #1 of the December 16 approval). Condition #6: The handicapped access on Spring Street has been constructed. On December 16, 1985 City Council approved a plat amendment to reorganize 2,223 square feet of basement floor area from the Anchorage Restaurant to the new mezzanine level Aspen Club Lodge Cafe, consisting of 2,145 square feet. Comments on those conditions of approval are as follows: Condition #1: The owners must still appear in front of the Board of Adjustment to apply for an open space variance for the parking ramp. This meeting has been postponed until March 20, 1986. The applicant cannot obtain a Certificate of Occupancy for the mezzanine restaurant until approval .. from the Board of Adjustment is obtained or, in the event of denial, a plan to close the Anchorage Restaurant space is approved by the Planning Office and Building Department. Any change in this condition should be approved by Council. Condition #3: This condition clearly requires that the amended plat be submitted prior to a Certificate of Occupancy for all changes approved in the two meetings of Council. The issue of FAR transfer must be resolved prior to the recordation of the plat. Virtually all of the other conditions of approval appear to have already been met. Employee housing can be dealt with after plat recordation, given the Cortina approval, and need not hold up recordation. For these reasons, this condition of approval should be retained. Condition #4: The Statement of Subdivision Exception must also be submitted prior to a Certificate of Occupancy. In conclusion, I believe that the applicant should follow through with the recordation of the condominium plat. Approval from the Board of Adjustments for the open space variance and Council approval of the mezzanine deck must be obtained prior to the plat recordation. There appear to be no other issues needing resolution before the plat can be resolved. The plat would finalize a fairly complicated set of proceedings that otherwise may become more confusing if much time passes. It would also enable the owner to sell condominium units after deed-restriction of employee housing, and result in less delay when he desires to do so. If Mr. Butera wishes to vacate the Woodstone Condominiumization plat, then an agreement covering parking, trash area and handicapped access would be desireable. A temporary Certificate of Occupancy could be issued for a period of no more than 60 days to allow the applicant time to obtain these approvals and prepare the final plat. The temporary Certificate of Occupancy should be revoked after 60 days if the plat is not recorded. CC: Alan Richman Jim Wilson Bill Drueding SB.nec.26 .. MEMORANDUM TO: Paul Taddune FROM: Steve Burstein, Planning Office RE: Woodstone (Aspen Club Lodge) Condominiumization Plat DAT E: February 19, 1986 In a conversation with Dick Butera today we discussed the following items: 1. Mr. Butera does not intend to follow through with condominium- ization of the Aspen Club Lodge. He believes the employee housing obligation is, therefore, voided and does not intend to deed restrict either on-site or off-site units he has committed to through the condominiumization plat amendment process. Furthermore, no plat amendment would be filed at this time. The recordation of the plat amendment was the principle instrument for compliance to the conditions of approval acted on by Council on August 26 and December 16, 1985. Some of those conditions are substantive and outside the "use by right" of the owner with or without condominium- ization including employee housing, movement of trash storage and pick-up and handicapped access. Reconstruction of the Anchorage/Aspen Club Lodge Restaurant on the mezzanine level through transfer of PAR is a use by right; however, the mechanism by which it is to be achieved is through a condition of approval entailing the approval by the Board of Adjustment. Condition #7 of Council's 8-26-85 approval states "Nothing in this approval shall be construed to reduce the owner's obligations made by the original approval of condominiumization and all subsequent agreements". The employee housing obligation may be a part of a former agreement that is "free standing" from condominiumization. 2. Mr. Butera would like to delete condition #3 of the December 16, 1985 Council approval requiring plat amendment submission prior to Certificate of Occupancy. I suggest that if condominiumization is no longer a valid instrument for enforcement of the conditions of approval for items not covered as "use by right" than there should be: a) An amendment to the condominium plat approval allowing a Certificate of Occupancy without plat submission, and .. b) A separate agreement incorporating key representation. 3. An issue has been raised through a complaint about the mezzanine level deck. My approach was to require another plat amendment clearly showing the deck. Council would then have the opportunity to review this item as it should be on the condominium plat map and Council did not specifically review it before. However, this procedure may be rather irrelevant if no condominium plat is to be recorded. SB.19 <31 t.e C c 6*< (k-,3 4Â»~ 3 42 LJ o to C %4-0 -2 Â£ 5 \ c ,# 9/\A 1 Co-&-O .-- C ", / .A - C ,~LO . \4 95( 00 LAj N> ' ~-1.0 .-M_.X, ' L 5 0-4 i J . 4-CL /u..b is ~fl~- 1 K L.-f tfu L.,o Â£*,-4~ 4-~e- A-â‚¬- 690 +A .A , /1 L.Â» tMA Â£ 9 wÂ£1 'W- B U.\0 ~ vv Â£ c.k-ZOL A a_..9 .4. 463 1-01 19 03 6 45*M to 5#4 0 -1 F .Lo - 3 ~hu- 6Â« Angch-ouls u 0-1-9. 4,Â£ F# - A-l LL-4 4-0 \ <. C\ ,. JAL A-d Q L 5 4 L-5 OU- 1 -ic a L =1 -4.0 NU- ULA OU L , A-U , A-Â« .. MEMORANDU M TO: Aspen City Council A THRU: Hal Schilling, City Manage{1 FROM: Steve Burstein, Planning Of~ice ~60 RE: Woodstone Condominiumization Plat Amendment DATE: December 10, 1985 SU MMARY: The Planning Office recommends tabling action on the requested Plat Amendment. REQUESTED ACTION: The applicant requests approval to reorganize 2,223 square feet of existing FAR from the current Anchorage Restaurant, creating an employee underground parking facility exempt from FAR calculations, and transferring 2,145 of this area to a new mezzanine level restaurant above the lobby. Access to the new garage will be off of Ute Avenue. Also requested is the designation of two storage areas, currently General Common Element (GCE) and Unit 100 Limited Common Element (LCE) areas, to Unit 232, a deed-restricted employee housing unit. PREVIOUS COUNCIL ACTION: On August 26, 1985, City Council approved the Woodstone Plat Amendment consisting of ten (10) amendments to the original Woodstone Condominiumization Plat. The original condomini- umization was accomplished through City Council approval of the Soderling Subdivision Exception on May 11, 1981. An agreement was made on April 2, 1985, between the City of Aspen and the current owners of the Woodstone, Woodstone Associ ates, that reinterpreted the original conditions of condominiumization. BACKGROUND: The request before you tonight is another change in the space arrangement that if approved will be recorded as a single plat amendment submission, combined with changes approved on August 26, 1985. PROBLEM DISCUSSION: A. Referral Agency Comments: 1. Engineering Department - In a memorandum from the Assistant City Engineer dated December 3, 1985, the following points were made: a. The applicant should be required to submit and record the Final Plat for amendments approved on August 26r 1985, as well as any changes approved through the ~.1 .. present request prior to the issuance of a Certificate of Occupancv. b. The radius of curvature of the ramp to the underground parking area may be too tight for a car to be able to make the turn. C. The applicant should be required to furnish documenta- tion on the assignment of fourteen (14) parking spaces shown on Woodstone Condominiumization Plat as to whether they are for use by the Woodstone or the Aspen Al ps. B. Planning Office Comments: The Woodstone is presently above its allowable FAR. Therefore, for the applicant to create a new mezzanine level restaurant, some of the current floor area must be removed from the building. One a Ppr oach to this problem was a proposal by the applicant to seal the space housing the Anchorage off and fill it with dirt. The Planning Office felt that to exempt an area from FAR through filling it with dirt would be very difficult to monitor. It would also be a waste of space when the Woodstone is deficient in its off-street parking. As an alternative to the applicant's idea, we suggested that the area in question be used for parking, since this would also not count as FAR. The applicant is willing to explore whether such an option is feasible. Section 20-23(A)(53 of the Municipal Code states that "any changes, alterations, or renovation made to common areas shall not diminish the size or quality of the common areas." We feel that the mezzanine restaurant meets this criteria, as it should be an attractive space utilizing the southfacing windows for views of Aspen Mountain. It should be noted that the subject air space is presently under ownership of the Cantrup Estate. A request has been filed with the Bankruptcy Court to grant a Motion for Leave to Sell Property Out of The Ordinary Court of Business. In the absence of any objection by any party. the Court can grant the motion on or before December 16, 1985. Chief Executive Officer of the Estate. Spencer Schiffer, has agreed that this application should pro- ceed. A condition of approval should be to require that this sale be finalized prior to the recordation of plat, thereby eliminating any potential problems of conflicting contentions of ownership. The request to change the owner ship designation of two storage areas to the employee unit 232 also does not appear to diminish the quality of common areas. There appears to be adequate storage space elsewhere in the lodge. Furthermore, this change enhances the empl oyee unit by increasing the square footage for 2 .. the employee's use. It also achieves a closer approximation to the on-site employee housing obligations, and the approval of this change is one of the conditions of approval for the Cortina Lodger approved by Council on December 9, 1985. The underground parking proposal seems to have many merits. A net gain of four parking spaces would be created. The entrance/exit on Ute Avenue would not appear to cause serious congestion or sight-distance problems. Both the Aspen Alps Condominium Association and Aspen Skiing Company, who are adjacent property owners, have submitted letters of support for the application. perceiving no negative efforts on their present or proposed projects. The one problem area is that the ramr: would encroach into required open space. According to the applicant's calculations, 425 s.f. would be displaced from the Fool open space area. The Woodstone is presently deficient in the required 25 percent open space. and this proposal would further reduce open space. The Board of Adjustment is enpowered to grant a variance to the application of such zoning require- ment s. ALTERNATIVES: Council may consider the following alternative motions: 1. Table this review until the Board of Adjustment has considered the open space requirements issue. 2. Approve the request subject to the following conditions: a. Approval by the Board of Adjustment shall be obtained for the open space encroachment prior to issuance of a building permit. b. The sale of the airspace above the lobby to Woodstone Associates shall be finalized prior to recordation of the pl at. C. Documentation shall be furnished to the Engineering Office on the assignment of fourteen (14) parking spaces (numbers 48-62) shown on the Woodstone Condominiumization Plat prior to recordation of plat. d. A Final Condominiumization Plat Amendment shall be submit- ted, containing all changes approved on August 26, 1985, and on December 16. 1985, and shall conform to the requirements of Section 20-15 of the Municipal Code. e. The applicant shall submit a Statement of Subdivision Exception through the City Attorney' s Office. 3. Deny the request . 3 .. ADVISORY COMMITTEE VOTE: The Planning Commission did not review this request as it has been processed as an expedited review. REOOMMENDATION: The Planning Office recommends that action by Council be tabled unt il the Board of Adjustment has considered a request for a variance cf open space requirements. We support the project; however, we believe that the Board of Adjustment should be allowed to process an application properly and without the pressure of Council approval subject to the Board's acquiesence. Should Council instead feel comfortable taking action on this reg uest prior to Board of Adjustment review, we recommend approval subject to the above conditions. PROPOSED MOTION: "Move to table the Woodstone Condominiumization Plat Amendment unt il the Board of Adjustment has considered a request for a variance of open space reg uirements." SB.9 4 .. SPENCER F. SCHIFFER, P.C. ATTORNEY AT LAW 434 EAST COOPER ASPEN, COLORADO 81611 11~1[E Â© IN Owellif (303)925-2043 DEC 1 7 1985 1 1 1, December 16, 1985 , Mr. Steven Burstein Planning Office City of Aspen 130 South Galena Street Aspen, Colorado 81611 RE: Cantrup Estate - Woodstone Air Rights Dear Steve: In accordance with your request, this letter is given to confirm that the Cantrup Estate has agreed to sell whatever rights or interests it may have in the air space above the lobby of the Woodstone Inn to Woodstone Associates. The sale is conditioned upon Bankruptcy Court approval. A motion to obtain that approval has been filed and notice of the motion was mailed to creditors on November 26, 1985. If no objections are filed the Court may grant the motion on or after this date. The deadline for filing objec- tions was December 11, 1985 and, although I am not positive at this time, I do not believe that any objections have been filed. I would be happy to answer any questions you might have, but would suggest that you consult with Paul Taddune who is quite familiar with this matter and sent me a letter regarding it dated October 24, 1985, a copy of which is enclosed. ll Very ~ruly yourA, yenter F. A SFS:ljk Enclosure ec: Andrew V. Heeht, Esq. r[* .. WOODSTONE CONDOMINIUMIZATION PLAT AMENDMENT ' On December 16, 1985 City Council approved the request 3 in favor, 1 opposed, to reorganize 2,223 square feet of existing floor area (counted FAR) from the current Anchorage Restaurant and transferring 2,145 Sq. ft. of this space to a new mezzanine level restaurant above the building, subject to the following conditions: 1. The Anchorage Restaurant shall be reconstructed as an employee parking area so as not to count against FAR. The applicant must apply for a variance from the Board of Adjustment for the open space encroachment of the parking ramp/cover prior to the issuance of a building permit. Prior to the issuance of a Certificate Of Occupancy for the mezzanine restaurant, approval by the Board of Adjustment must be obtained or, in the event that the Board denies the request, a plan to definitively seal up the space from FAR use with appropriate legal provisions for enforcement must be approved by the Planning Office and Building Department. 2. The sale of the airspace above the lobby to Woodstone Associates shallbe finalized prior to recordationof the plat. 3. A final Condominiumization Plat Amendment shall be submitted prior to Certificate of Occupancy containing all changes approved on August 26, 1985, and or. December 16, 1985 and shall conform to the requirements of Section 20-15 of the Municipal Code. 4. The applicant shall submit prior to Certificate of Occupancy a Statement of Subdivision Exception through the City Attorney's Office. SB.51 . CITY OF ASPEN 1 MEMO FROM STEVE BURSTEIN Toi 40, 1 '044,~ f r 0 /h & Jkw (3 Â«JG# Râ‚¬,- Oun-Unu-ttÂ» cÂ«uÂ«< 1 04 : pe,3* 10, /17 9 401,4 Ntlf arlk &44 irkÂ£ 442 0,41~1~ h< -/41/ W.*142(M< - 1 I 44.1 61 4 0Â·711 4 'ruy,~4 uto i câ„¢4yw~*Lm b J .1 4 441 A AN A 4, Ja /(4 14*Aw.4 , cl Â£41. -4 114vn~ 6-t &01;14/ 4 cmÂ·,fltid rl-~At -4 A-0.1 0& Lot 1 4 9 4 (4464,# Â¢-4 An~JAO 4 44/9<~ leA 9-16-35 Ad '8# 11- 16-35 (222 ittald),(fr444 hhtl /07*~up/43 ~tdâ„¢J, 40 s ;i 441 6 UtÂ©ld . J 1 ~. 44 UÂ°13 Â°1*1 114 ~ EraÂ·~ 23 2 .1 L .c .6 - jUd t R.4 .1314+L QurlkrN :g F 001+5 41/lot *1-7 0(4. CXLA 4 ci 4'324 ft 4,1 ov,6tnv . 3 8-ub-,2 4 %41LU.4 Â£4Â·ufl-,Â©4 4 4 0Â·t..â€ž a.*PAK i LL 44 Kitf.NA . 41. A~* A~ J-Jo r,Uv;p 4 11, WrAL Arw*J<MAQ j Ilt5- Â· .. UNITED STATES BANKRUPTCY COURT FOR THE DISTRICT OF COLORADO Bankruptcy Case No. 83 B 01161 G IN RE: ) HANS B. CANTRUP and JUNE ALLEN MOSS ) CANTRUP, ) Debtors. ) NOTICE PURSUANT TO RULE 23 OF MOTION FOR LEAVE TO SELL PROPERTY OUT OF THE ORDINARY COURSE OF BUSINESS Pursuant to Local Rule 23 of the Rules of this Court and Rule 2002 of the Bankruptcy Rules, notice is hereby given that Spencer F. Schiffer, Chief Executive Officer for the above-entitled Estate, has filed a Motion for Leave to Sell Property Out of the Ordinary Course of Business, more particularly described as the sale of the air rights above the lobby of the Woodstone Inn to Woodstone Associates, 520 East Durant, Aspen, Colorado 81611 for $2,500.00. A copy of the Motion is available for inspection during regular business hours at the United States Bankruptcy Court for the District of Colorado, 400 Columbine Building, 1845 Sherman Street, Denver, Colorado 80203. PLEASE TAKE NOTICE that in the absence of an objection by an interested party, the Court may grant the Motion for Leave to Sell Property Out of the Ordinary Court of Business. Any objection to the Motion should be filed with the Court and a copy shall be served upon the undersigned counsel, whose name and address appears below on or before DFCErn,362, /1, 1990 . If there are objections, this matter will be set for hearing before the Court. In the absence of any objection by any party, the Court may grant the Motion on or after DretmaGE. /6, /9,9.9 , without further notice or evidence. Spencer F. Schiffer Chief Executive Officer 434 East Cooper Avenue Aspen, CO 81611 303-925-2043 .. COLOmBO ARCHITECTS CONTRACTORS DEVELOPERS 715 W. MAIN STREET ASPEN, CO 81612 (303) 925-6079 9 December 1985 Steve Burstein Planning Office City of Aspen Re: Aspen Club Lodge Plat Amendment: Steve, Persuant to our discussions and !Jour request please find the following open space and dimensional perameters concerning the proposed Employee parking facility at the Aspen Club Lodge. My office will continue to research variation and alternative designs which could provide less impact upon open space requirements, and contact you of their development. The following should help you in your analysis of the impacts. 1. The current pool area open space is =6,340.0 sq. ft. 2. The current stairwag enclosure occupies = 110.0 sq. ft. 3. The proposed pool area open space would be= 5,915.0 sq. ft. 4. The proposed overhang structure and stalrway enclosure = 95.0 sq. ft. 5. There would be a loss of current open space in this area counting all structures and driveway surfaces of = 425 sq. ft. 6. This represents 6.7% reduction of open space in this area. 7. There would be a loss of z parking spaces at Ute Ave. to accommodate access and curb cut to lot. 8. The lot would provide for 6 total parking spaces. 9. The net gain in off street parking would be 4 spaces. .. ASPEN SKIING COMPANY 0060 ATLANTIC AVENUE â€¢ AIRPORT BUSINESS CENTER â€¢ BOX 1248 â€¢ ASPEN, COLORADO 81612 â€¢ PHONE 303/925-1220 December 6, 1985 *0 1 141 Mr. Alan Richmond City of Aspen Planning Department 130 South Galena Aspen, CO 81611 Dear Alan, I have reviewed the plans and walked the site of the proposed Woodstone employee parking facility and resulting driveway. I see no problems with the proposal from the perspective of either the existing Little Nell base facilities or the proposed Little Nell Hotel and base redevelopment. Ye'6Ys- truly, 039 O -.4â‚¬2.:,Â» teÂ»,1 Peter Forsch ASPEN MOUNTAIN â€¢ BUTTERMILK MOUNTAIN â€¢ SNOWMASS â€¢ BRECKENRIDGE .. Aspen Alps Condominium Association December 6,1985 Planning Department City of Aspen 700 Galena Street Aspen, Colorado 81611 Attn: Alan Richman Planning Department: We have reviewed the proposed underground employee parking presented by the Aspen Club Management Company with members of that company and its architect. The plans, as presented, appear to be innovative and practical. From all appearances, the proposed plans will improve the area south of the Aspen Club Hotel pool and should not affect the traffic flow in the south Spring and Ute Avenue area. We encourage you to consider the application of the plan. Cord' 1 , U Â· /Iln n i 14Â« 8#7 .~ewey General Manager GGH:pme cc: Doug Carlson, Aspen Club Management Company Box 1228Â· Aspen, Colorado 81611 Phone 925-7820 , 'L 1%.moÂ¥Im k ~ DEC - 41985 2 MEMORANDUM ~f-~ To: Steve Burstein, Planning Office From: Chuck Roth, Assistant City Engineer 0 f_ Date: December 3, 1985 Re: Woodstone Plat Amendment (Revision) Having reviewed the above referenced application and having made a site inspection, the Engineering Department has the following comments: 1. Proper platting is usually required before approvals are given. It may be appropriate and acceptable in this instance to provide approvals prior to recording a plat, however the applicant should be required to provide and record final platting prior to the issuance of a Certificate of Occupancy. Note that a new plat cover sheet should be provided with current owner's, surveyor's and other certificates. 2. We may have some problems with the geometry of the ramp as shown in the application. The radius of curvature may be too tight for a car to be able to make the turn. 3. An apparent problem has come up because of the applicant's request for a loading zone on Spring Street. It is desirable for projects to provide loading zones for visitors, guests and clients on their own property and not on public rights-of-way which should be preserved insofar as possible for public parking. During discussions with the applicant's representa- tive, it was learned that 14 parking spaces (numbers 48 through 62) represented on the plat as being part of the Woodstone Lodge may have been traded or otherwise assigned to the adjacent lodge, the Aspen Alps. The applicant should be required to furnish documentation about these parking spaces. CC: City Engineer Building Department CR/cr/woodstone .. CITY ~Nkâ‚¬SPEN 130 i~~h galenaltreet asp~~Bolorado 81611 903-215 510;0 MEMORANDUM TO: Steve Bur: ig Office FROM: City Atto: *... DATE: December , RE: Woodstone Condominium Plat Amendment, City Case No. 043-A-85 From a legal standpoint, the Woodstone Condominium Plat Amendment looks acceptable. 1. The amendment will not affect the development rights or permitted density of the project because no additional units will be created. Sec. 20-19(a)(4)(ii); 2. There will be no net increase in F.A.R. due to the sealing off of a portion of the lower level in exchange for the addition of the new restaurant facility on the second level. Sec. 20-19(a)(4)(iii); 3. The amendment will not reduce the supply of low or moderate income housing. Sec. 20-22; 4. There will be no net decrease in short-term rental units (Sec. 20-23(A)(1) or employee housing pillows (Sec. 20-23(A) (2) ; the level of management, maintenance and services provided will be unaffected (Sec. 20-23(A)(3); and the quality and size of the common areas will not be diminished (Sec. 20-23(A)(5)); 5. The amendments will result in a physical upgrading of the lodge and restaurant facility. (Sec. 20-23 (A) (6) ) . My only question would be concerning an item listed on the "Narrative of Changes." Item #2 states that the existing trash facility will be removed, but I see no provision for a new facility. .. TO: City Attorney City Engineer Zoning Official From: Steve Burstein, Planning Office Re: Woodstone Condominium Plat Amendment (Revision) Date: November 22, 1985 Attached for your review is a revised application submitted by Jim Colombo in behalf of Woodstone Associates, requesting approval of an amendment to the plat for the Woodstone Condominium. This revision converts the present Anchorage Restaurant space to parking, exempt from F.A.R. calcualtions. Other aspects of the plat amendment request stated in Colombo's letter of November 12, 1985 are still current. Please review this material and return your comments to the Planning Office no later than December 5, 1985 in order for this office to have adequate time to prepare for the December 16th meeting of City Council. If you have any questions or anticipate problems meeting this deadline, please call or drop by the Planning Office. Thank, you. .. COLOmBO ARCHITECTS PLANNERS CONTRACTORS 715 WEST MAIN STREET ASPEN, COLORADO P NOVEMBER 21, 1985 1 t. ALAN RICHMAN, Director: Aspen/Pitkin Planning Depaaratment PLANNING DEPARTMENT CITY COUNCIL PLANNING & ZONING COMMISSION RE: ASPEN CLUB LODGE(WOODSTONE INN) PLAT AMENDMENT (REVISED) ALAN, Please accept this revised application on the part of the Aspen Club Lodge for a Plat Amendment hearing by the City Council. The request for plat amendment consists of the reorganization of 2,145.0 square feet of existino F.A.R. from the current Anchorage Restaurant on the lower level of the Aspen Club Lodge. The Anchorage Restaurant currently contains 4,445.0 square feet. This revised request is to create an employee underground parking facility of 2,222 sq. ft. of the former Anchorage restaurant area of this total square footage on the lower level(as shown on sheet A 14 )., and to transfer 2,145 of this sq. ft. to a new mezzanine level restaurant above the lobby (See sht. A 1 5) The second item for plat amendment request the designation of two current general storage areas on the second level of the East Wing to become L.C.E's, deed restricted to Employee unit 232. These two storage areas are of 42 sq.ft. and 74 sq.ft. each and this total of 116 sq.ft. would be added to employee unit 232 (See sheet A 1 6). ITEM 1 -The F.A.R. reorganization would be as follows: 1. 2,145.0 square feet would be applied to a new Restaurant facility located at the mezzanine of the lobby. 2. The exisitng Anchorage at the lower level would no longer operate as a restaurant with ang public seating. 3. The existing Anchorge kitchen area would remain to supplement the new mezzanine level kitchen and seating. 4. The existing restrooms located in the Anchorage area at the lower level will remain and be used as public facilities serving the lobby level. 5. The balance of area ( 4,445.0 sq. ft. minus 2,222.0 sq. ft.,of area which will become an underground employee parking garage with access from Ute Avenue, equals 2,223.0 sq. ft. which will be used as a ski locker facility and summer conference area .. - Alan Richman-City Council Nov. 21,1985 Revised Plat Amendment Application 6. Public restrooms would be installed at the second level to accommodate restaurant and lobby level use. These new public restroorns would occupy a portion of the space recently approved for guest room expansion in room 202 of the West Wing. (See sht. A 14) The new restrooms would not cause any net increase or decrease in guest pillow numbers. 7. Handicap access to the new restaurant will be provided by the existing elevator which is located less thon 18 feet from the new entrance to the restaurant. The new restrooms will have full handicap access from the restaurant. 8. The new Employee Parking Garage of 2,222 Square ft. of previous Anchorage restaurant area would become F.A.R. exempt area and credit of 2,145 sq. ft. of this reorganization would be applied to the mezzanine level restaurant, leaving a 77 sq. ft. surplus of F.A.R. as a result of the reorganization. The Employee Garage would contain Six new space all together. Four standard spaces will be provided, One compact space and one standard size space intended for Employee long term parking storage. Access to the new garage will be off of Ute Ave. The new Ramp will be entirely within property lines of the Applicant. See Sht. A 14 as amended. ITEM 2- L.C.E.'s Deed Restriction to Unit 232 Employee Unit. 1. Existing storage areas on second level of East Wing represent 42 sq. ft. and 74 sq. ft. respectively. (See Sheet A16) 2. These two current Limited Common Elements would be deed restricted to Unit 232 of the East Wing, an Employee housing unit. 3. The total of these L.C.E.'s (116 sq. ft.) would be added to Unit 232. Please accept this request for City Council review of this Plot Amendment application for the Aspen Club Lodge as described above. Should you require any addidional information concerning this issue, please contact m!4 office. Sincerely, / f\194 L_f LY p 264 b James P. Colombo JPC: kjc cc: Alan Rlchman Paul Toddune Dick Butera Andy Hecht . 4 .. SPENCER F. SCHIFFER, P.C. ATTORNEY AT LAW Aip,~ C~Lo1CAID~81611 ktttlb 1 13031 925-2043 443 ~October 10, 1985 ~ ~ Paul Taddune, Esq. Aspen City Attorney City of Aspen 130 South Galena Street Aspen, Colorado 81611 RE: Cantrup Estate -- Woodstone Air Rights Dear Paul: When Hans Cantrup sold the Woodstone Inn in Mareh of 1982 the purchaser agreed that, if Cantrup could first obtain city approval, the condominium map and declaration would be amended so as to create a separate condominium air space unit above the lobby which would then become the property of the seller. As Chief Executive Officer for the Estate, I now have to make a determination as to whether or not the rights which Cantrup reserved to himself have any value. Section 20-23(B) of the Code provides in part that: "A condominiumization of a lodge pursuant to this section shall be modified only by the written agreement of the City Council and the owner or owners of the condominiumized lodge property. The documents creating and governing the condominium shall be modified by the condominium owners only with the prior written approval of the City Council." Although I can't find any specific provision in the code which would expressly preclude such a proposal, it seems to me that the City would not be inclined to grant an application for such a proposal in the absence of some particular plan for the use of the space. Although, as I understand, the space could not now be used because of FAR constraints, there is always a possibility that at some time in the future itmight be usable and therefore might have some value. .. ASPEN/PITKIN PLANNING OFFICE 130 S. Galena Street Aspen, Col orado 81611 (303) 925-2020 MEMORANDUM TO: City Attorney City Engineer FROM: Steve Burstein, Planning Office RE: Woodstone Condominium Plat Amendment City Case No. 043A-85 DATE: Â¢Jov ember,18,~1985 6 Attached for your review is an application submitted by Doug Carlson on behalf of Woodstone Associates, requesting approval of an amendment to the Plat for the Woodstone Condominiums. Please review this material and return your comments to the Planning Office no later than December 5, 1985, in order for this office to have adequate time to prepare for the December 23rd meeting of Council. 16+4 If you have any questions or anticipate problems meeting this dead- line, please call or drop by the Planning Office. Thank you. 14 8 9 34 co. -1 ir 1 NOV 1 41985 T. Richard Butera UU-- ~- No~EmbGP' 13 ~985 ~ Mr. Alan Richmond Director Planning Department City Council Aspen, CO 81611 Dear Alan: I, T. Richard Butera, as owner of *Â¥e koodltone Inn am requesting a plat amendment appro~FAf/or th,b Woodstone Inn. l/k j Signed LI~ T. Rich~ Butera TRB/pn 1450 Crystal Lake Road, Aspen, Colorado 81611 303/925-8900 ..'. 0 . COLOmBO ARCHITECTS PLANNERS CONTRACTORS 715 WEST MAIN STREET ASPEN, COLORADO 1 NOVEMBER 12, 1985 ~ ALAN RICHMAN, Director: Aspen/Pit.kin Planning Depaaratment PLANNING DEPARTMENT CITY COUNCIL PLANNING & ZONING COMMISSION RE: ASPEN CLUB LODGE(WOODSTONE INN) PLAT AMENDMENT ALAN, Please accept this formal application on the part of the Aspen Club Lodge for a Plat Amendment hearing by the City Council. The request for plat amendment consists of the reorganization of 2,145.0 square feet of existing F.A.R. from the current Anchorage Restaurant on the lower level of the Aspen Club Lodge. The Anchorage Restaurant currently contains 4,445.0 square feet. This request is to seal off from any future use 2,145.0 square feet of this total square footage on the lower level(as sl-iown on sheet A 14 ). The second i tem for plat amendment request the designation of two current general storage areas on the second level of the East Wing to become L.C.Es, deed restricted to Employee unit 232 These two storage areas are of 42 sq.ft. and 74 sq.ft. each and this total of 116 sq. ft. would be added to employee unit 232 (See sheet A 16). ITEM 1 -The FAR. reorganization would be as follows 1. 2,145.0 square feet would be applied to a new Restaurant facilitq located at the mezzanine of the lobby. 2. The exisitng Anchorage at the lower level would no longer operate as a restaurant with any public seating. 3. The existing Anchorge kitchen area would remain to supplement the new mezzan i i-ie level kitchen and seating. 4. The existing restrooms located in the Anchorage area et the 10'wer level will remain and be,used as public facilities serving the lobby level. 5. The balance of area< 4,445.0 sq. ft. minus 2,145.0 sq. ft. of permanently sealed off area) equals 2,300.0 sq. ft. which will be used as a ski locker facility and summer conferenceared. 6. Pub lie restroon-is woul d be installed al the second level to accommodate restaurant and lobby level use. These new public restrooms would occupy e portion of the space recent.14 approved for quest room expansion in roorn 202 of the West Wing. (See sht. A 14) The new reett-,2,0,7-15 would not ceuee etiy net 1,-IC,-15â‚¬100 or dect--15800 in gueot. pillow nunibers. .. Alan Richman, City Council Nov et-fiber 12,1985 Aspen Club Lodge Plat Amendment 7. Handicap access to the new restaurant will be provided by the existing ele,vator which is located less than 18 feet frorn the new entrance to the restaurant. The new rest.rooms will have full handicap access from the restaurant 8. The permonetly sealed off lower level ared of 2,300 sq. ft would remain sprinklered end have a fire door acc.ess as shown on Sht A 14 which would accommodate emergency access only The bloc.k wall construction and the size and shape of the fire door would prevent use of the area as storage or other. It is proposed to put a deed restriction on this sealed off area to insure the compliance of its non-use. Included in this deed restriction could be a $400 per day fine payable to the City of Aspen for violated use. A second solution for scaling off this eliminated ore would be to fill in the area via earth, sand or other impenetrable substance The applicant would prefer the first proceedure. but would agree to the second or variation ofeither as the Council deems necessarld ITEM 2- L.C.E. s Deed Restriction to Unit 232 Employee Unit 1. Existing storage areas on second level of East Wing represent 42 sq. ft. and 74 sq. ft. respectively. (See Sheet A 1 6) 2. These two curt-ent Limited Common Elements would be deed restricted to Unit 232 of the East Wing, an Et-r-iplogee housing unit. 3. The total of these L.C.E.'s (116 sq. ft.) would be added to Unit 232. Please accept this request for City Council review of this Plot Amendment application for the Aspen Club Lodge as described above. Should you require any addidional information concerning this issue, please contact my office. Sincerely, ,. Jan-ks R Colombo U JPC kjc ce. Alan Richrnart Paul Taddune Dick Butera Andy Hecht EDWARDS & TADDUNE, P.C. ATTORNEYS AT LAW BARRY D. EDWARDS ASPEN PROFESSIONAL BUILDING OFFICES: PAUL J. TADDUNE 600 E*sT HOPKINS, SUITE 301 ASPEN. CO 81611 (303) 925-9180 CITY HALL OFFICES: # 130 SOUTH GALENA STREET 6 October 24, 1985 ASPEN. CO 81611 (3031 925-3247 Spencer F. Schiffer, Esq. 434 East Cooper Avenue Aspen, Colorado 81611 Dear Spence: I have the following comments and observations concerning your October 10, 1985, correspondence pertaining to the Woodstone Air Rights: 1. Arguably the creation of a separate condominium air space unit above the lobby at the Woodstone falls within the definition of "subdivision" as set forth in Section 20-3(s), thus requiring City approval. In this regard, I note from the handwritten language in the Woodstone agreement that the parties contemplated approval by the City of Aspen. 2. As you know the Woodstone has already received condominiumi- zation approval. I don't recall that the air rights are shown on the condominium plat. Thus, you are correct in observing that Section 20-23(b) would require a modification to the condominium plat and only by "written agreement of the City Council and the owner or owners of the condominiumized lodge property". 3. The Planning Office and Building Department should be con- tacted with regard to building and use constraints. My recollec- tion is that the building, in its current configuration, has utilized all build-out potential. 4. Note the language of Paragraph 20-5(a) of the Municipal Code that it is unlawful to agree to sell any separate interest within the definition of subdivision "until such subdivision has been approved in writing by the City Council and the plat thereof recorded in the office of the Pitkin County Recorder. Provided, however, that a written agreement to sell or lease which is expressly conditioned upon full compliance by the seller with the subdivision regulations of the City of Aspen within a specified period of time, and which expressly recites that seller's failure to satisfy such condition within said period of time shall termin- ate the agreement and entitle the buyer to the prompt return of EDWARDS & TAI)DUNE Letter to Spencer F. Schiffer, Esq. October 24, 1985 Page Two all consideration theretofore paid by the buyer under said agree- ment shall not constitute a violation of this subsection. In addition, Section 20-5(b) requires a GMP development allotment prior to subdivision. In summary, it is clear there is no inherent right to use and develop the air space above the lobby. Further, it is uncertain as to whether such development would be permitted under the Muni- cipal Code, and, in any event, City approval would be required, leading one to the conclusion that the value of the space, if in fact it has any value, is extremely speculative at this time. Very truly yours, :1-- Paul J. Taddune City Attorney PJT/mc 2J .. Paul Taddune, Esq. Aspen City Attorney October 10, 1985 Page Two I am enclosing copies of the relevant documents with copies also to Alan Richman, and would ask if both of you could comment at your convenience to give me some guidance. Thanks very much for your cooperation. Veri truly yowith 4/trk S~heer F. SchÂ¢~fer, P.C. SFS:ls Enes. Ce: Mr. Alan Richman Planning Director James B. Holden, Esq. Thomas F. Quinn, Esq. . . .. CITY OF ASPEN A~A MEMO FROM STEVE BURSTEIN c o . 4 & I Ta d 0,1 4 1- a u. sfeÂ·iÂ· 861,4-ki ,* 00:TE. 59'147,-â€ž 27, )16 ; 2 <. cc p-t#,;# / I flÂ»C,>lf I k :od jt.r.i E'Â·~,yisle, Ht.lÂ·.64,j " 4/ ' .4 1 Orcj O-A.lop $:A h,Â·. LJ ti,-it,T #& asi'Â¢.i,~ 4 n.Â·j aii e ,(i'G E 4Â£7- {. 1 / 1 (-1 '.1 A E- p,(< alu-,1 4 0-n,/1 1 14Â·W {< 925, 47'.6 â‚¬19.fl 'r~fi (i fi'w<<'~ f w : f 1 '8' v + lit9- 627'~1'I~dc-I c~1,~l''linct. n B.~f jec: 1.1.-9 0~t 411(11.t/(1. . 4.0 .4 k LTh; Dj 4 i 1 1 +134 04 -4 ru (j UN catia, Â£ e *19 r vk j u ' 4 -for-&,ft 21 tl Thv ~,65;,Vvic,v FLJ 4.Â£41â€žLk<,62 1. .12 . ri<Â·4 31 2 41 . 1 4 41/ ,/1 ' - 1..1 $ A ' / 4. J,j~ T <v A 11.)-13 J ) Il 14; Jit ,~0 -'- ..t-, 1 , 1 1 -' . e' J'%. ~13.'f> 0 *'114.4 M.,OA}i i 1, 44' !. tr,flurvy, Ch'*1419J . -L 1 1 1--24- (U, 1.1-,i 4. F'J'..111\621 0.42Â»!.dif-7- l')r.4,4. ~20.4 1 . 1 -t 3Â·,7 4. 0-t / ,<rÂ«~ :.j.<4.1. 1.1 *171 kÂ»J 04,,C-~2 p-{' ri 12 4 V ' Ii'.2 Ill.... (~tl~ryMN,01'- t{/N,61 . t i~ 2:-1 pa *41 4.11' tj,d 1 44-4 rru 0 0 MEMORANDUM TO: Aspen City Council THRU: Hal Schilling, City Manager FROM: Steve Burstein, Planning Office RE: Woodstone Plat Amendment DATE: ~ August 26, 1985 REQUEST: The applicant requests approval of a plat amendment consist- bizAe ing of ten changes to the Woodstone Inn Condominiumization Plat as stated in letters from the applicant and as summarized below. SU MMARY: The Planning Office recommends approval of this plat amendment including changes in conditions of approval with the attached conditions. PREVIOUS COUNCIL ACTION: The Soderling Subdivision Exception for purposes of condominiumization of the Woodstone Lodge and Anchorage Restaurant was approved by City Council on May 11, 1981, subject to six conditions. On June 14, 1982, City Council consented to the assignment of the Woodstone Inn Condomiumization approval from Hans and June Cantrup to Resort Hotel Development, Inc. On February 17, 1983, City Council granted approval of condominiumization of the Woodstone Inn, reassigning conditions of approval to Woodstone Associ- ates. As a result of the Cantrup bankruptcy and sale of the Woodstone Inn to Woodstone Associates, an agreement was made on April 2, 1985, between the City of Aspen and Woodstone Associates that reinterpreted those conditions of condominiumization. BACKGROUND: The present owner of the Woodstone Inn, Dick Butera, desires to make changes that involve modifying the approved condomini- umization documents as part of an effort to upgrade the facility. Section 20-23(B) states: "A condominiumization of a lodge pursuant to this section shall be modified only by the written agreement of the City Council and the owner or owners of the condominiumized lodge property. The documents creating and governing the condominium shall be modified by the condominium owners only with the prior written approval of the City Council." The pertinent documents involved in this requested modification are the condominiumization plat and the conditions of approval. This application is furthermore made as a request for exception from the full subdivision process pursuant to Section 20-19. 901 0 wra 4 4 - 0 0 PROBLEM DISCUSSION: Summarized below are the amendments proposed for the Woodstone Inn: 1. Expand Room 127 from 240 sq. ft. to 375 sq. ft. by extending into Unit 100 (Office space). 2. Expand Room 137 from 239 sq. ft. to 450 sq. ft. by extending into Unit 100 (Office space) . 3. Expand Room 202 from 268 sq. ft. to 600 sq. ft. by extending into Unit 100 (Storage space). 4. Expand Room 252 from 224 sq. ft. to 269 sq. ft. by extending into Unit 100 (Covered walkway). 5. Expand Room 302 from 268 sq. ft. to 445 sq. ft. by extending into Unit 100 (Storage space). 6. Construction of a hallway with glassed-in air lock from lobby to the east wing. 4 7. Construction of a hallway wilL-91Â·aga=in._ai-r--1.eet from lobby to thelast wing. ive,T E, o,r-lv,k f... Brt,b't. tuobl} Change the deed-restricted employee unit from Room 121, contain- ing 369 sq. ft. tb A,â€¢192 'IDAT';9 9 14+.(M,zo> I'll+) 9. Remove the existing trash storage area on the west side of the building, replacing it with flower box, moving trash storage area to be the basement, and designating a new trash pick-up area where trash will be moved to for daily pick-up. 10. Install a new awning on the western entrance extending from the entrancewaÂ¥ to the curb of Spring Street. REFERRAL COMMENTS: A. Building Department - A meeting of the applicant, Zoning Inspec- tor, and Planning Office was held on August 8, 1985, to discuss this proposal. It was stated by the Zoning Inspector that the Woodstone is presently over its allowed Floor Area Ratio (FAR) and his main concern was that the FAR is not further increased. B. Engineering Department - In a discussion with the Engineering Department on August 21, 1985, it was stated that the applicant must apply for an encroachment license for the proposed awning over the western entranceway. In addition, it was stated that the amendment plat should be submitted in accordance with Section 20-15 of the Municipal Code. The amended plat as submitted is not consistent with the archi- tectural drawings in showing common element areas and the lobby 2 .. area (Unit 100) . The new plat should show new proposed ownership "property lines" by use of dashed lines. In addition, the Finai Plat must delineate parking spaces so that verification can be established of the proper number of parking spaces. C. Housing Authority - The Housing Authority staff has had several discussions with the applicant regarding the proposed replacement of employee unit Room 121 with Room 232, a significantly smaller room, and stated that such a replacement would not meet with its approval. Several suggestions were made by Housing Authority staff for acceptable alternatives that would meet the Woodstone Inn's empl oyee housing commitment. At the time of writing, no proposal has been submitted by the applicant to the Housing Authority; and this issue is not resolved. Furthermore, the applicant was told by the Planning Office that if a commi tment for employee housing that is acceptable to the Housing Authority is not made by the applicant prior to this City Council meeting then this item would be pulled from the agenda. We hope to be able to resolve this issue before you at tonight's meeting. D. City Attorney - In a discussion with the City Attorney on August 9, 1985, it was stated that if an employee housing arrangement were made that is agreeable to the Planning office and Housing Authority and was in keeping with the intent of the April 2, 1985 agreement, then such a sol ution would be acceptable to the City Attorney's Office. STAFF COMMENTS: The main concerns regarding the first seven proposed amendments summarized above are: 1. Creating an increase in the FAR for a building which already exceeds the allowable limits. 2. Conversion of space presently used for offices to lodge use that would require a GMP exemption for change in use, pursuant to Section 24-11.2(j). 3. Diminishing the size or quality of common areas created by condominiumization as addressed in Section 20-23. With regards to the first concern, the Zoning Inspector determined from the applicant's representations thusfar made that the FAR would not be increased; and, therefore, this is not a problem. Regarding the second concern, it should be noted that Rooms 125, 126, and portions of Rooms 127 and 137 are presently used for office space; and it is proposed that all this space will be used for lodge units. Rooms 127 and 137 would be expanded back to the size they had been approved for in the original condominiumization plat. Because this is a return to the original use approved and no additional bed count would result through the expansion of Rooms 127 and 137, it was felt that Section 24-11.2(j) does not apply to this request. 3 Regarding the size and quality of common areas, none of the room expansions would appear to substantially reduce the areas actively used by guests and do appear to enhance the general utilization of space in the lodge. Furthermore, through proposed renovations to the hallways, bar, and lobby areas, the quality of space would be im- proved. Changing the deed-restricted employee unit from Room 121 to Room 232 (Summary amendment 8) represents a loss in empl oyee housing space of approximately 145 square feet as well as kitchen facilities. The conditions of condominiumization approved by City Council in 1981 required the Woodstone Inn owner to provide as deed-restricted employee housing Room 121 and three units of the Alpina Haus, total- ling 1,692 square feet. The April 2, 1985 Agreement reaffirms the obligation that Room 121 be employee housing but does not specify the location of three other deed-restricted units, to consist of a minimum of 1, 103 square feet. It is the opinion of the Housing Authority and Planning Office that the mere substitution of Room 232 for Room 121 does not meet the intent of either of the above cited Council actions. At this time, it is up to the applicant to make a suitable proposal for providing his employee housing obligation. As stated above, the applicant has been informed that a commi tment acceptable to the Housing Authority must be made prior to this Council meeting. Amendment 9 concerns a new arrangement for trash storage and hauling. BFI Trash Service was contacted on August 19, 1985, and stated that the proposed method and siting would be acceptable. It should be noted that the trash pick up site is located on the applicant's property and would not encroach on the public right-of-way. However, it is in an area used for parking and this would appear to reduce necessary parking to the best of our knowledge, parking for this facility is already non-conforming and cannot be further reduced, approval of this amendment is not recommended. Amendment 10 pertains to a proposed awning on the western entryway. As already noted, an encroachment license is required for this addition. Appr oval should not be given for this item through the plat amendment action before you. RECOMMENDED MOTION: "Move to grant subdivision exception to the following amendments to the Woodstone condomiumization plat with the conditions listed below: 1. Expand Room 127 from 240 sq. ft. to 375 sq. ft. by extending into Unit 100 (Office space) . 2. Expand Room 137 from 239 sq. ft. to 450 sq. ft. by extending into Unit 100 (Office space) . 4 .. 3. Expand Room 202 from 268 sq. ft. to 600 sq. ft. by extending into Unit 100 (Storage space). 4. Expand Room 252 from 224 sq. ft. to 269 sq. ft. by extending into Unit 100 (Covered walkway). 5. Expand Room 302 from 268 sq. ft. to 445 sq. ft. by extending into Unit 100 (Storage space) . 6. Construction of a hallway with glassed-in air lock from lobby to the east wing. ~.1 Construction of a hallway with 9,=,grn-in-@4Â·fÂ·-leck from lobby to ~...61Qi j' . the elmit wing. 8. Install a new awning on the western entrance extending from the COr entranceway to th of Spring Street. 1-L j -9 . Co:,,tvoÂ·Al;#ft. jUouJ- W 5(121*,#M,~*421, e.4.twui: 1.611 fi.,jobjee h,v,;g J,-pi 'eft,~3~0.:ci,.04 444 -kA, Subject to the following conditions: T*1 1. A Final Plat Amendment shall be submitted which conforms to the .. 1 0 2 3.-L' requirements of Section 20-15, including specifically corrections to the deficiencies noted in the Engineering Departments memoran- dum and per verbal discussion. A written narrative explaining each of the seven amendments shall be submittal as part of the plat amendment. 2. The applicant shall submit a Statement of Subdivision Exception through the City Attorney's office. 3. Encroachment for the Spring Street awning shall be obtain prior to recordation of the amended plat. In the event that encroach- ment is not granted, then Amendment 8 shall not be approved. <tf O -' 4* 4. Dquu,6*t,4 EYLP i.rÂ»4, 44,Â·uiLL.~/32 4 (kgy,' l*h, Gh, /21 --18 Rm. *932 d.Â«46 4 5 66>,t 16 ilk e'ffÂ¥':J< +11, #10Â®,6 /1<*I P *,e.floy-e. A.4*~<15$4 44'Â¥.it w~+34,44, priz'& fect,J,i"'t'" 9"UP,filatis#*ARA-â€¢-6/ki *--1. /, 21 , " +1"jts*lb,rJAN+4*11+,tUÂ·-L-ti. -09* 44 , -9 -...4 : 4. au__-1 f , -6.,a ...UR ~--- I I , *S#Per#*,05# MD:,4-te rl:â€¢t~ 11'il +6,3 15 14 4(60, 1 -4,41 'fli +i-42- 4414 li-Lic*#t,Uct+y-Di -1VJP~b'N-y '6-2pll-84 -~ .-- Rei\ C7Twrket-iryÂ·TpW 40 9 1 A.0 1049*4-, 6 00+10,9 In tk,4 *,PrD'J :144\ b, con,}r/el te re,lvte '144 Dbltj.i~, rr,â€žAl 61 +ke 0(ji~J tedv.#4649',08,1 6+34/ 7/4 '#uan.#~ i ES' ch#I -4 Red-.tiALU ear~. â€ž *taf K.A RrÂ·rm /2 / 4 grn. 262 , ~. al b 'f + 4 k ) 6 5 1) 5 Oril, /1/462 9,0,{ PL ~ri; &1 , ('4191J 4 f j 4 j 'h *r"Pt, 5 ~ 1-1$-b /el'-f i AP,twt p b It 1 ' Q * f ....,(1 4*5-1- 9%Â°/6#f , 6/hkyâ‚¬ 44 j WOODSTONE PLAT AMENDMENT 8/26/85, City Council approved the Woodstone Plat Amendment. The following amendments to the Woodstone condominiumization plat subject to the conditions listed below. 1. Expand Room 127 from 240 s.f. to 375 s.f. by extending into Room 100 (Office space) . 2. Expand Room 137 f rom 2 3 9 s. q. to 450 s. f. by extendi ng i nto Unit 100 (Office space) . 3. Expand Room 202 from 268 s.f. to 600 s.f. by extending into Unit 100 (Storage space) . 4. Expand Room 252 from 224 s.f. to 269 s.f. by extending into Unit 100 (Covered walkway) . 5. Expand Room 302 from 268 s.f. to 445 s.f. by extending into Unit 100 (storage space) . 6. Construction of a hallway with glassed-in air lock from lobby to the east wing. 7. Construction of a hallway from lobby to the west wing. 8. Install a new awning on the western entrance extending from the entranceway to the curb of Spring Street. 9. Change the deed-restricted employee unit from Room 121 to Room 232 (see Condition #4). 10. Remove the existing trash storage area on the west side of the building, replacing it with flower box, moving trash storage area to be the basement, and designating a new trash pick-up area where trash will be moved to for daily pick-up. (see condition #5) Subject to the following conditions: 1. A Final Plat Amendment shall be submitted which conforms to the requirements of Section 20-15, including specifically, corrections to the deficiencies noted in the Engineering Depart- ment's memorandum and per verbal discussion. A written narrative explaining each of the -sâ‚¬*Fan amendments shall be submitted as part of the Plat Amen dment. 2. The applicant shall submit a Statement of Subdivision Exception through the City Attorney's Office. 3. Encroachment for the Spring Street awning shall be obtained prior to recordation of the amended Plat. In the event that encroachment is not granted, then Amendment 8 shall not be a ppr ove d. 4. The employee housing deed-restriction shall only be changed from Room 121 to Room 232 if approval is given by the Housing Authority and by City Council for the four employee units that are obligations attached to the Woodstone Inn. Approvals for the employee housing proposal must be obtained prior to recordation of plat. . M.I.P. t': 4 .. ..h :11 ... 2 .si 131 =...'...@2/%~49~/0., > 'i .Â·zi , 4 /44 5 IÂ·~ . Â·AGREEMENT Â·Â·t*f . 1.. 0 Â·'â€¢liÂ· -? /- J . h .9,. This Agreement is made this' c':' 4 day'of May#'1984:.671.9 HANS B. CANTRUP and JUNE ALLEN MOSS CANTRUP ("tid tt'Â¥10899~ HOTEL DEVELOPMENT, 'INC., a Colorado.corporationlf'RliD:9,, On March 14, 1982, Cantrups and..RHb entered'ikiefthkE 66 Inn Agreement (the "Purchase Agreement") whereby, CAEIE*U#d and RHD agreed to buy the Woodatone'inti located -in~Ah,I@*7 "Property"). On the even date herewith, the paftld* *f&#f Â·frÂ· .11* 41 â€¢ sale of the Property by Cantrupe to RRD. :3 The patti66; de# into this Agreement as a memorandum of their.undersikhdift certain issues in r-egard to the; sale of the=PropertÂ¥ biC K RHD. Therefore, for good and valuable consideratiah,< thal ...r sufficiency of which are hereby acknowledged by the"parti' 2,#t I '' F agree as follows: , a ./.; - -09-' 1010#:, A :. 01Â· 1 1. New;Unitt. : .Exhibit Y 47646%* 48464 PJFEhA*14;4*al , ..411 .14$3~~~62EEN. that after closing of the sale difthe'' Profetty'le.'Ritbitif ditER* &idfâ‚¬9**24$2',4* tions stated therein were met, RRD would convey*td, Cutittu#*â‚¬*181 d.v,4..~*~:~*i-.-. t.''fi Unit to be created in a portion~of the' tairspace -614*+ th**lobbÂ¥Â¥6*Â¥* of 4 ,9913:Â·45-:Off .,i% the Property (hereinafter the "New Unit"): In ordee'to"a,*ist,-Mto in 43Â¢:9 1.Â·'21: 2* 1. 9 . . 4 obtaininga loan to purchase the Property from State Saving* Mortidge ' : 'Â·, * r Company, Cantrups have agreed to subordinate their rights in' And tâ‚¬the ~ 1. il',,1 , New Unit to the interest of State Savings Mortgage Company in andÂ·to the' i,'~ --~.L Property. RHD agrees that, notwiths tanding the subordinatlon of Cantrups' right in and to the New Unit under the Purchase Agreement as aforehaid and notwithstanding the closing of. the sale of the Property by Cantrups to RHD, Cantrups' rights to acquire_the New UniL as more full)LA#,LfÂ£Â£&11 ~Â·~ i+-t.ha--Ru=chaae-Ae=eamant, shall continue in full Â·force and effect_after- the sale of the Property by Cantruns -to RHD,anrin the event that, . pur- suant to the terms and provisions of the Purchase Agreement, RHD shall be . ~~,~ + obligated to convey the New Unit to Cantrups, RHD shall obtain a release ' of the New Unit from the lien of the Deed of Trust on the Property toe the benefit of State Savings Mortgage Copmany, and convey the New.Unit *Â· to Cantrups in accordance with the terms and provisions of the Purchase Agreement within 60 days after all conditions in the Purchase Agreement for such conveyance have been satisfied, or within 60 days after Written , *- -R notice from Cantrups to RHD requesting such conveyance, whichever date 4 , i .,3 2. : 1Â·Â·1 is later. It: 1,1. If.'' .1 4 F J Â¥ k... 2. Soderling-Avis Agreements. RHD and Cantrups agree that,'not- withstanding the closing of the sale of the Property by Cantrups to RHD and the conveyance of title to the Property by Cantrups to RHD subject to the "Soderling-Avis Agreements", as defined in Section 7.11 of the . Purchase Agreement including the correspondence referred to therein, the rights and obligations of Cantrup and RHD with respect to the ' . . 1 -11 Soderling-Avis Agreements, as more fully set forth in said Section 7.11 of the Purchase Agreement, shall continue in full force and effect after 1 .1~ ..f the closing of the sale of the Property. 3. Parking. The parties acknowledge that the City Council ofÂ· . %9 . Aspen, Colorado, has, in connection with a previous application for ~ , 4 ~ c,~ approval by the City of the conversion of the Property to condominiums, required that 23 parking spaces (the "Required Spaces") be provided offsite on other property owned by Cantrup and that a lease be executed ~ ' 2 in connection therewith. On the even date herewith, the Cantrups are 2,17,Â·1 . executing such a Lease to RHD and the Woodstone Inn Association, inc. 4 (the "Parking Lease") . The parties further agree, however, as follows: , a. Because the Required Spaces are located some distance from the Property and are not of practical use to RHD, RHD and the owners, guests and invitees of C .:1 the Woodbtone Inn Condominiums agree that, |if at any Â· -,the lease hnd/or 0 ~ time the City of Aspen shall no longer require that ,/- .. Â· ' c the Required Spaces be leased to RHD and WoodstoBB/- Inn Association, Inc., RHD agrees to terminate,'reduce, Aliminate, or relocate the Parking and RUD, the Woodstone. '. :.. .,7,0 --6. Inn Association, Inc., and their respective successors,' Â·.Â· .F r 'j . p.Â·'27,W, transferees, assigns (including individual purchasers '.Â·62 4' Â·:r::.':0 -1.47. 74 r . - i.:23 .13:.2. Â·I.: jaili~. j AGREEMENT 1 jit .4 1.. , 1 1/â€¢ I ...6.4 Page 2..... I. ..' '.110Â·444[4~ 1'Â·tÂ·*'*lfÂ·14;4-%<*~ Â· Â·Â·~~Â· Â· i, : 34)~-i.'47+:,1.--'it-T:*4&'~I' -"*it~Â·:?~tl~14Â·-1,4.2.11~ -1 0 81~TRINagn" of condominium units),2 invitees; and gueht*1441:AilÂ¢4 -w: 14~I'll/EW#.flm/96"i thereafter discontinue use' or 'conform to7thd#Â¥*di@*Ef 1 -4 119'iNTE"RE"/REN,0/ , 1 b. Promptly after the time that. RHD has{ 24*&196~ , 2.47 4 +If ."F. the City of Aspen approvals for the convetsion Â· 0*81* P Property to condominium@, 'RHD agrees to Apply, Â£6*%*< 1' <4944<.L.1 :' 2 . Â·eit. 4' â€¢ VF W, extension (which extension shall be for atperiddl '22.41 :w,6,â€¢11,4 1, * G'11, time as shall be requested:in writing by Cantruts t . Â· *44 L.@*treti~* '0'Â·44" _- k.etle,4 : 7 114"j I,Â·f.9'Ap:,2%4EL 11'111 'J. - 14.0.:r- .4 . the one-year limitation, contained in Seetiotihi "' 0#Â£*94'-290-4 9, 1 v the Parking Lot Lease,41#ithin which ~ant..apillie,iti fe-- , -Af*#169*44%099, i must be made for reduction[ in or relocation ofâ‚¬El*,:4% ". Â«#*f~guu#'4Â¥,f* Required Spaces. , c. . RHD agrees, after receiving Uritten n6tice ficm?:49: e ~~FU;4*M*.4#Â¢4*fi.44 . A Cantrups, to cooperateiwith Cantrups, aE,dantrupa'0:8ble Z,1**F&*3;',56'6Â·'.047*3.o: . and expense, in obtaining a reduction, atid/* relocatiob, 964:LIT.k',*if:;RfifF or elimination of the Required Spaces withthe City oftÂ· _,9 .i: .., .....4 Â·r + = Aspen; provided, however, that' Cantrups,>adree not,; to:Â·fi~39.i ?:,71-44.9itft? Â· .4 apply for said relocation and/or reductiori Untilk,Duch :it# ~Â·Â·~.3 rf.:)1. :'',iÂ·(f 7 time as the City of Aspen' shall have apptoved theÂ¥-con- 61:,Â·-. - ' ~ Â· ~ F.i... version of the Property to condominiums. RRD? h' obliga- f; ' tion to cooperate with Cantrups as aforesaid, 'maj, require that RHD, as the owner of the Property, act as nominal applicant for such applications. 4. Hensley Property. The "Hensley Property" shall mean the South 50 feet of Lots R and S, Block 107, City and , . ....i<: Townsite of Aspen, County of Pitkin, State of Colorado. The parties acknowledge that the Hensley Property is , ,i> adjacent but not contiguous to the Property and that the Hensley Property is owned by Cantrups. Cantrups desire.. ..44 g to merge the Hensley Property with the Property so as to ': 4 enable Cantrups to ob tain the approval of the City of 6 I ' '10 Aspen to the construction of the New Unit and a Conferente , /,4 Space Unit to be owned by RHD. In order for such a merger to be accomplished, it may be necessary for Cantrups to acquire the property now separating the Property and the i Â· Hensley Property ( the "Other Parcel") and .for all of such property to be in one ownership. Accordingly, RHD agreem at any time after the City of Asped approves the , :LK' conversion of the Property to condominiums and prior to ~ ~; the date of the closing of the first sale of a condominium unit in the Property to a purchaser, upon written request j of Cantrup, to take nominal title to the Hensley Property 0 ~ and the Other Parcel on Cantrups' behalf in order for the ~ ~ City to consider the Hensley Property and the. Other Parcel 4 . . 4 : 1 '1 in calculating the floor area ratios necessary to permit ' development of the New Unit and the Conference Space Unit, and RHD agrees, upon written request of Cantrup, to recon- vey, and Cantrup agrees to accept such reconveyance of, , ..i the Hensley Property and the Other Parcel to Cantrups or . i Cantrups' designated nominees by a bargain and sale deed. 7,Â· Â·4,6.,. ' :1 provided that all of the foregoing matters shall be . :q' 914.3/ k , , 1 approved by the City of Aspen, if necessary. 4 4 e I. 54 1 t , 7: 2 't + vhtfa~â‚¬3'3;all. r'Â·, . I ..1.-4 14,1 .e,1 i --~r4Â·Â·~jÂ·,ts,4.-1,1.Â·.,~ . Â·Â·.44t.:Â· ~ .4 1. AGREEMENT I ; '444#1@*41%~~ie*L.mt:4;~%.11 Page 3..... D.n 4 7 7 L ... .d..14'jiN'. ; ..14.t:11,1 - 1 ./. ' -'t;24?44'1*N, 5. Purchase Agreement Unaffected. Eidept.â€¢Â§%Â·dD ~ amended hereby, all of the terms and 009*81066:,Off Purchase Agreement shall remain. in fulll foree Â· andtilf unaltered and unchanged by this Agreementia:. Natwitlt the generality of the foregoing,l and nbtwithatattdld other provisions of tliis' Agfeement, th@ phÂ¥ ties. Agf< 1 '~ , *11,4 that Section 12.12 of the Purchase Agredudht, Twhiehk ' . ej~~0'jg that any provisiona of the Purchake Akeeedent whith*A ' ':- 7 '.4 I'*i'Pr observance or performance subsequent to-the date702%{El Au/,4 -Â·4%" 21 shall continue in force and effect following th& dat*%2~tÂ¥*Pdit~~ibi~#47%~ closing, shall remain in full force and effect. ~371.4,1 1 -:,r, r ,Â· 1.Â· , 11'. 71 1, ... 1.........42+104,f:*14,!3<41 6. Additional Provisions. The Purchase- AgreemenChasFbeln 24~04*40*1 1 Â· performed by the parties in a form now faccepted by thel~*r- 2,344{ki,4216 -6 ties. Commi tment for Title Insurance 6f Aspen Title 66*#any,fe#14#3', ;4 Ltd., Commitment No. A82-108 C-4, the Waric'anty Deed baild uot#143* /ir.3 thereon and the six encroachments shown on the Condominium k.Â«.r .*,~...i: 0/'......0,' ~'41 1. 2 1 1 . Map for Woodstone Condominiums, prepared 69? Survey Entliteers *14.12. have been accep ted by RHD. Cantrup 's execution of require- ,. ment #12 pursuant to such Commitment does not change RRD'm covenant to accept title subject to the Soderling-Avis Agree- ment and exception #11. and the Anchorage Agreement and. exception #13. IN WITNESS WHEREOF, the parties have executed this Agreement the day and year first above written. hu, 05.l_ W-1 RAMS B. CANTRUP LL . ' dUNE ALLEN MOSS CANTRUP / , , ATTEST : /~ -. RESORT HOTEL DEVELOPMENT, INC. / a Color a620-Dprporation f~ - A'/I / 1 0 U 1, -. -,C>CQ. LÂ· ' / Ba~>91 KA.4 137.< / Joh,i R. Hemphi~-1,/ /Jptrn- Ir.' Platt Â· Â· lÂ·. 4 L_Â»stant Secre,ta / /President .:~ - It , '..Â·vÂ·:1.':~': '.~~. p..Â·:.Â·24:1'*39:~Â§Â¥44{kA;%~1,794*1~ .. Aspen/Pitkip amritil ning Office 130 soU~reet aspen,~1611 April 23, 1980 Mr. Clayton Meyring Aspen/Pitkin Building Department 506 East Main Aspen, CO 81611 Re: Captain's Anchorage - Conditional Use Expansion Dear Clayton: The Planning and Zoning Commission has reviewed Hans Cantrup's application for modification and expansion of the'Captain's Anchorage Restaurant and has approved the application subject to the following conditions: 1. The modification and expansion of the structure complying with all requirements imposed by the Zoning Code. 2. The modification and expansion of the proposed structure complying with the stipulations outlined in the agreement between Hans Cantrup and the City of Aspen, dated October 18, 1979. 3, The problem of bus traffic on Spring Street and its relation to the Spring Street lobby entrance being resolved to the satisfaction of Mr. Cantrup and the owner of the Aspen Alps prior to issuance of a building permit. In the event no suitable arrangement can be worked out by the two parties, the application will be returned to the Planning and Zoning Commission for resolution. Any submission on behalf of the applicant for a building permit should be carefully checked for compliance with the above requirements, and in no case should a permit be issued until such time as compliance is verified. In particular, the applicant should be required to submit sufficient materials in order to readily determine a compliance with the open space requirements of the L-1 zone district. Should you have any questions, or if the Planning Office can be of any fur- ther ass~,Wfice-, please do not hesitate to give me a call. nny Sin nely, nn ssis nt Planner orre â‚¬1-rertief <~h-~U UILIG:,.CrF*.G 1 A rva r:ZE>orbUE 01 -,H,5 Ft,A/7-1 SEEL<4/1 1 1 +.a e. 1 -\ 1 /2. 9 That application shall be for approximately U 4500 square feet, which is approximately 1500 feet more than N:- dublamdr ht, LI the present facility. ' That 1500 square feet will be " baeemen.t" ,= ! area and will therefore not be counted for floor area ratio~ - 1 purposes. If an appitspriate variance is obtained from the dA/ett(Alib.0 of 41006 AREA PAÂ·ko ks il, 1 n ~! Board of Adjustment the definition of "basement" shall be that '1 6 h 9 in .effect at the time the original commitment was made. 3. Assuming that conditional use application is approved by the Planning and Zoning Commission, Cantrup shall, in a timely manner, submit plans to obtain a building permit -7 -Â·Il to, in fact, replace and remodel the Captain's Anchorage restaurant. 4. When that permit is granted Cantrup shall diligently pursue the replacing and remodeling of the Captain's Anchorage in accordance with said permit. 5. That work shall reduce the footprint of the present Captain' s Anchorage in such a manner as to eliminate the deficiency in__PIRen_sace-which.re.sently exists on the propert. 6. On or before Labor Day 1980, Cantrup shall, in Â£ 1 g huz. r) a /4/ one of the following manners, provide Â£-eum#-ean parking spaces: a. The spaces shall be provided off-site. b. The spaces shall be provided underground on-site. c. Cantrup shall obtain from an appropriate body of th@ City of Aspen a reduction in the parking requirement at the site in order a ghTÂ¢% 0 RS (L to eliminate 'the Â£Â©unteen parking space requirement. E i (14Â·r,_uÂ», 125 /â‚¬/ 7. It is agreed that the febrteen parking space reqi.rement is based upon the original ._spaces plus air''additional 6/1.< 64 -1 C- *00 parking spaces for the 1500 square foot expansidn of the % -1 ~ Captain's Anchorage. -1 Pereur>- tt_*n 04 rIAA-t-JazE- oF e>trÂ»*61Â£44 70 crlÂ¥-ES 1449 \AMY < FJOST- 4-Â£)1-4 Pcf #&=rEweR ==//74 -2,56-/â‚¬ r>, 51-01,=r \ 8 940/0 64-i,EN'S ~ %Â«- 22. 26 -2- .. .. IN WITNESS WHEREOF, the parties hereto have executed Â· this Agreement this )<~#day of 0 c.to (.-o~. 1979. C j V4 0. Ronild.,Stock Ildfid' b:/Cantrup -3- Â¥ F fISPEN CLUB LODGE 709 EAST DURANT AVE_ ASPEN, COLORADO F.H.H. REORGIIN 1 71!TION H,IDER LEUEIL RE{1116*INIZIHInN TOTAL LOWER LEVEL (EXISITING)SQUARE FOOTAGE 4,445.0 SO. FT. AREA TO REMAIN: AREA 1-8 = 1,061 SQ. FT AREA 9 = 1,239 SO. FT. TOTAL - 2,300 SQ. FT AREA ELIMINATED FROM USE (PERMANENTLY SEALED OFF) TOTAL = 2,145.0 SQ. FT. SECON[I ILEUEL REOR68NIZIITION NEW CONSTRUCTION AREA KITCHEN AREA = 560.5 SQ. FT. RESTAURANT AREA = 1,584.5 SO. FT. TOTAL = 2,145 0 SQ. FT. SUM Mil HV LOWER LEVEL + SECOND LE'v'EL REORGANIZED F.A.R. = 4,445.0 SO. FT. EXIST I NG LOWER LEVEL F.A.R. AVAILABLE = 4.445.0 SCI. FT. NET LOSS OR GAIN OF F A.R- = NONE .. NARRATIVE OF CHANGES ITEM 1 ~ _NEW MAIN ENTRANCE TO HOTEL AT SPRING STREE[. REMOVAL oF EXIST ING AWNING. INSTALLATION OF NEW COPPER AWNII'Â·IG. ITEM 2 REMOVAL OF EXISTING TRASH FACILITY AND CONSTRUCTION OF NEW FLOWER BOX TO MATCH EXISTING SOUTH ENTRANCE FLOWER BOX. ITEM 3 ADDITION OF A IGLASSED IN AIR LOCK AT THE SOUTHWEST EAST Vil NG ENTRANCE FOR HEAT LOSS EFFICIENCY AND CONVENIENCE FOR NEW [I; Ak ~LOCATION. ITEM-4 1 _CONSTRUCT I ON OF ACCESS DOORWAY I N THE WEST St,DE OF T HE 1 1-1 GE,Y 10 ALLOW GUESTS BETTER ACCESS FROM THE LOBBY TO THE WEST WING j ROOMS. ITEM 5 CONSTRUCTION OF ACCESS DOORWAY IN _THE EAST SIDE OF THE LOBBY TO ALLOW GUESTS BETTER ACCESS FROM THE LOBBY TO THE EAST WING ROOMS. ITEM_b 81-'61:.ADE OF R0011 127 EXE'ANDING 1-[ [F'01-12'24 '-til IAPE FEL-1 iii 473 50UARE FEET THIS EXPANSION WOULD EXTEND P0011127 IN! u I.Ili! 1 1 9, lAi- ATFD AD.1ACENT TO AND WRIT OF R'001-1 1 27 .. AGREEMENT ~v WHEREAS, Hans B. Cantrup ("Cantrup") is the owner of the Wood Stone Inn formerly the Glory Hole Lodge, and ~4 WHEREAS, Cantrup rebuilt and remodeled the Glory 2Hole Loclge, and ' WHEREAS, a permit to perform that remodeling as well as a Certificate of Occupancy for that remodeling were issued conditioned on Cantrup eliminating a deficiency in the open space requirement as well as adding twelve parking spaces, and v WHEREAS, Cantrup committed to eliminate that deficiency and provide the parking spaces, and 4 -k- k ~~ - T u WHEREAS, that commitment was based on a remodeling $.FIC , lc-il-) o f the restaurant known as the Captain' s Anchorage whereby the footprint of that restaurant would be reduced by fifty percent (50%), and WHEREAS, the City Code of the City of Aspen was -.' Â·. amended subsequent to the making of that commitment in such a * manner as to make the design upon which that commitment was based unfeasible, and WHEREAS, because of that change in the Code Cantrup has begun negotiations to secure off-site space in which to provide the parking, and WHEREAS, the City Attorney of the City of Aspen f desires to extend the time in which to allow Cantrup to ~ l provide the ,open space and parking spaces. NOW, THEREFORE, Hans B. Cantrup and Ronald Stock, City Attornepr hereby make the following agreement. \6~1'. On or before October 31, 1979, Cantrup shall submit an application for a modification of the conditional use--that is, the remodeling of the Captain's Anchorage. ~ '-1 ---*-Ii -W .. Street entrance. 7. Nothing in this approval shall be construed to reduce the owner's obligation made by the original approval of condomi- niumization and all subsequent agreements. 0 . +1 1,1 4 Â· 2, - 3 ~,11 Representations that were made b,the applicant (Dick Butera) . - - 1. The applicant expects to spend $450,000 on the entire renovation. 2. One of the major changes which will occur entirely within the common area (Unit 100) , and therefore does not require a plat amendment, is to switch the lobby and bar areas around. 3. It may be possible to cut down the landscaped area in the rear of the Woodstone in order to create one parking space. 4. If Amendment 10 is allowed (trash pick up area in parking lot) it should not cause the complete loss of a parking space. Applicant agreed with Planning office that the parking arrange- ment is very tight. It had been designed poorly in the first pl ace. And the applicant will study the situation further to determine the net effect of a change prior to bringing a proposal to the Planning Office (pursuant to Condition #5). .. STATEMENT OF EXCEPTION FROM THE FULL SUBDIVISION PROCESS FOR THE PURPOSE OF CONDOMINIUMIZATION FOR ACL CONDOMINIUMS, FORMERLY KNOWN AS WOODSTONE WHEREAS, Woodstone Assoc., a Colorado General Partnership (hereinafter "Applicant"), is the owner of a parcel of real property (and the improvements thereon) situate in the City of Aspen, Pitkin County, Colorado, more particularly described as follows: ACL CONDOMINIUMS, according to the Supplemental Condominium Map thereof recorded in Plat Book at Page , and as further defined and described in the Supplemental CondÂ©minium Declaration fer ACL Condominiums recorded in Book at Page also known as ACL Condominiums (formerly the Woodstone Inn Condominiums). WHEREAS, Applicant has requested an exception from the full subdivision process for the purpose of amending the Condominiumization for the subject property; and WHEREAS, the Aspen City Council at its meeting of December 16, 1985, determined that such amendment to the 7 -- - 1 exception would be appropriate and recommend that the same be granted, subject, however, to certain conditions; NOW THEREFORE, the City Council of Aspen, Colorado, does f determine that the owner's application for amendment to the exception from the full subdivision process for the purpose of amending the condominium of ACL Condominiums is proper and hereby grants an exception from the full subdivision process for such amendment; PROVIDED, HOWEr!|~, that the foregoing exception is expressly conditioned upon: (1) the Applicant's recording (contemporaneously herewith) with the Pitkin County Clerk and Recorder that "Dedication of Real Property to Employee Housing Restrictions and Guidelines" for ACL Condominiums, dated , 19__, and (2) the Applicant's strict compliance for itself, its successors and assigns, with the provisions contained therein and all other binding conditions of approval on this matter set by City Council. DATE THIS day of , 1985. Mayor APPROVED AS TO FORM: City Attorney I, , do hereby certify that the foregoing State of Exception from the Full Subdivision Process for the Purposes of Supplementing and amending the Condominiumization of ACL Condominiums was considered and approved by the Aspen City Council at its regular meeting held December 16, 1985, at which time the Mayor, , was authorized to execute the same on befalf of the City of Aspen. City Clerk 2 4, 6 f + 4. U:ill_Exc:11Â£1 _Er-gm_Lule. Condominium UnitC , aa described in I 0 0 4. I bLt Condum: r.ium 1Â·'.ap arill l.t.Â·claration, and designated w. the map attached -9- - hereto as Exhibit "D", 15 specifically excluded from this Bale and Seller 1/ retain ownership thereof. 1 5 â€¢ ACALiLUrant. It 18 understood and agreed that the I . above-referenced Unit 99 is intended to be used for the operation of a fX Â¥ /restaurant and bar, the Purchaser covertants for himself. his successors. \r<' VQk~J ~" ~ agisigns to do nothlng that would interfere with or have any adverse : effect upon the operation or business thereof. Pursuant to the ~~~~~~ Condominium Declaration, the Seller will have a non-exclusive ; right-of-way over the Premises herein described to be used in connection .h said Unit 99 as a means of ingress and egress therefrom which ght-of-way is designated in Exhibit "D" and shall be designated on the idominium Map and in the Declaration to bc flled for record and shall ; t D.of at all times consist of at least two exits and stairways. Such i non-exclusive right-of-way shall be kept open at all times for use of the i Seller, his successors and assigns, the owners of said restaurant and bar ' and the employees, agents, guests, and invitees of the same. Such right-of-way shall run with the land and shall remain an encumbrance upon ! -6- the property as agreed to be conveyed for the benefit not only of the 0 Â¢L Seller, but of any person, persons or corporations which shall hereafter become the owner of said Unit 09. It is further understood and agreed 3 that the Condominium Declaration shall contain specific provisions with D I respect to Unit 99 and the restaurant and bar situated therein sucp that, among other things: as long as the restaurant and bar are operated in a â‚¬ eu h~- legal manriner, which operation shall include music and entertainment, 2 6 U.~ neither the Purchaser, Condominium urit owners or Condominium Association N % shall have any claim or action against Seller, the owners of Unit 99, and the owners and operators of the restaurant and bar, regarding noise cr LO activities in connection with the operation of said restaurant or bar. All utility charges, all taxes, dues, lien3, and asnes/ments ara the like e~- 01 the Condominlum Aincciation shall be fairly and ratably ar,portlor,ed based upon the use and operation of Unit 99, 85 well as its size; the patrons, employees, guests and invitee3 of sold restaurant shall be , ~ prchltited from using the amenities of the Condomir,lu~ General Common j Elementn such as the :wimming Fool and :tawna. It is understand that the Restaurant is not part of the Common Elements or the Condominium. Ch . [ 1.jir' - f) ' 9,Re t, 25Â¢ 6&4/n. #r pw,r''S . .. r ~-1 . 1 A â€¢ A A L---C dz:-47 +1 1 U i u 0,\ , ty-P 4 ;A: e /Cl di 2 1/4 24 1'079(tbs'~~. -1.li: ~'r... ~. '9 J ~, 1.' 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