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HomeMy WebLinkAboutcoa.lu.gm.124 E Cooper Ave.1982 ca 'o m n xO N ,. o yea CO pp. rn ca rc a LO o ma CD A 2 'O men CO at men DECLARATION OF COVENANTS, RESTRICTIONS ANB+CONNITIONS i FOR THE SNOW QUEEN LODGE The Snow Queen Lodge Limited Partnership, a Colorado limited partnership (hereinafter "Covenantor") for itself, its successors and assigns, in consideration for the granting of the approval herein referenced with respect to the following described property, hereby covenants with the City of Aspen, Pitkin County, Colorado, to restrict said property, and hereby does restrict said property as follows: 1. Covenantor, the Snow Queen Lodge Limited Partnership, is the owner of the following described property, together with the improvements located thereon, situated in the City of Aspen, County of Pitkin, State of Colorado, commonly known as the "Snow Queen Lodge" : East one-half Lot P And Lot Q, Block 69, City and Townsite of Aspen 2 . On February 8, 1982 , the City Council of the City of Aspen granted approval of covenantor' s request to expand an existing 250 square foot employee unit by combining it with an existing free market room for a total of 420 square feet and to reconstruct a new rental lodge unit of not more than 420 square feet, upon the filing of this dedication and declaration restricting Unit No. 101, Snow Queen Lodge, as depicted on the E00{{ 524 RAGE 1 C floor plan annexed hereto and incorporated herein,as Exhibit "A" , to low income employee housing guidelines. 3 . In consideration for the granting of said approval, Unit No. 101, Snow Queen Lodge, as depicted on Exhibit "A" annexed hereto and incorporated herein shall be and hereby is restricted exclusively to use as low income City of Aspen employee housing use, occupancy and rental guidelines and qualifications as may be in effect and amended from time to time. Verification of an employee' s income and employment qualifica- tions shall be accomplished by the City of Aspen or its housing designee prior to and as a condition of each employee's occupancy of Unit No. 101. In the event the Snow Queen Lodge is condo- miniumized, said Unit No. 101 shall be retained as a portion of the common elements. Further, said Unit No. 101 shall not be rented or utilized for any purpose other than employee housing for qualified persons. 4 . In the event that any municipal improvement or improve- ments of any kind contemplated in Section 20-16 of the Municipal Code of the City of Aspen, as amended, become, in the sole judgment or discretion of the City Council of the City of Aspen, necessary or desirable to the area of the Snow Queen Lodge, covenantor will make no objection to any special assessment or special tax or proceeding therefor on the basis that the property is adequately served by existing improvements and/or on the basis 2 that the premises will not be served or benefited by the improve- ment or improvements proposed. Further, covenantor agrees to join, upon the City' s demand therefor, any improvement district formed for the construction of such improvements, including, without limitation, drainage, underground utilities, paving, curbs, gutters, sidewalks, street lights, etc. in the area of the Snow Queen Lodge or to reimburse the City of Aspen directly on demand therefor if the City should choose to construct said improvements without the formation of a district. 5. The dedication and covenants contained herein shall be deemed a burden upon and run with the title to the Snow Queen Lodge, shall be binding upon covenantor and its successors and assigns and upon all other persons or entities having any right, title or interest in or to the Snow Queen Lodge or any part thereof, and shall inure to the benefit of and be specifically enforceable by the City of Aspen or its designee by any appropri- ate legal action including injunction, abatement or eviction of non-complying tenancies, all for a period of fifty (50) years from the date of recording in the office of the Pitkin County Clerk and Recorder. 6. None of the covenants contained herein shall be released or waived in any respect or modified or amended during the period they are binding without the prior written consent of the City of Aspen as reflected by resolution of the City Council. 3 PO K 524 ? E S 7 . Covenantor hereby warrants and represents that any and all persons, firms or entities having any lien, encumbrance or interest in the Snow Queen Lodge have consented to the covenants, dedication, and restrictions contained herein. IN WITNESS WHEREOF, this Declaration of Covenants, Restric- tions and Conditions for the Snow Queen Lodge has been duly executed this Io- day of SSE'-aivtien- , 1986. COVENANTOR: SNOW QUEEN LODGE LIMITED PARTNERSHIP , �/�, p By �(rcnca v)° "-'c Norma Dolle, General Partner STATE OF COLORADO ) ss. County of Pitkin The foregoing instrument was acknowledged before me this /0th day of -DELI e/K4S bf� , 1986, by Norma Dolle, as a general partner of Snow Queen Lodge Limited Partnership. , ; ,L;" UV,t. Creftl WITNESS MY HAND AND OFFICIAL SE °aR'... a/sjn /7.. . t3 IKY1�Y°WO iYdl PS .`13QY® �/�O '. 41 In Iiu.Ann.00 81612 My commission expires: Notary Public In 66143 / s Address 4 i*t ) II ,y } F7C J ae, Al t . I 1... • 1 ¶1 Sat 1 �i fin• eu c 14_ ilk w c1 i1 t t J' ), / i- . 1 I ■ ��. ®_.___�y. __ I _ _ 51 _.-_ore I ant 4 , / . IR p �s l�: _.- 1 IP 99e!ttt I III! "II fi r .,--. "arr.' 45r . RI:. { 7L 4 e. =l Niw... r(J I s f C I i • c ! t, L g IP r 3 � , �1 4, \ 0 A I g'i\ 6 t, �_ 0 Z 46 I 4 N yP n•\ • a �11111111ii 1 I I 1 ' , I IP .-1 frf1,•M. u • EarWere ' =-' — -— im Aovrringk -.b n$Ag-t4 C Welton Anderson & Assoddes 6Ho\vouserJJ low IM•!4a:'1•-' / farPanesivY MW/POO O-.3)1 AYY steer CITY OF ASPEN do MEMO FROM STEVE BURSTEIN 10 C 1k A ttD.hE y For , : stet 6;hstein R Snc.tl LorAyt OeciertitiP6i) Coveted, ,ies-h(L+Itn0 ; Gino CD nLfin"", Ate : Qecen' ' 101 111Sg ok i/ - ibutIvi Q Olt hri':ItrA. 6 me i:Jefrvirtini' ti -eint) ,or kfmm:i a ( I uhNN -IL X1144-, �l /)/i4ffipt.�e. �l ��. DVytiil f �^.-w � . 'lP/t� 4 C1 4 it al CDkibit "4 Aptpto, vfreirr 4.04f#IOI 9 ,lu kf„i/ 71, p40.04A '..c Ire Au.0�L��''`(10 1144., fel 40 itraerti A U ; d 'L J fQ tk 1-irvot d p1_�t • CITY s1^ '�"�� , PEN ,yk ' - 130 r Ks:„reet ,, 'i ;, 4' 1611 aspen ! % 30342451t2 I 2 MEMORANDUM DATE: December 8, 1986 TO: Planning Office Engineering Department FROM: City Attorney RE: Snow Queen Lodge Please review the attached Declaration of Covenants with regard to the Snow Queen Lodge and let me know if they meet with your approval. I would appreciate your answer as soon as possible since the Snow Queen Lodge needs to obtain a CO. Let me know if you have any questions. PJT/mc Attachment • • Regular lit:eting _ _ Aspen City Council February 8_, 1982 il Councilman Collins asked how much delay this would mean; Glenwood Canyon has been analvs • re-analysed and redesigned. Skrotzki told Council this will not delay anything at all. 1 The constructrion schedule is to come from both ends into the center, that will be 18 tc ----- I .months. • Councilmembers Knecht, Michael and Mayor Edel in favor; Councilmembers Collins and Parry !. opposed. Motion carried. Ii 1 CONDOMINIUMIZATI0N AND EXEMPTION FROM GMP - Tom Thumb Building Colette Penne, planning office, told Council this is a request for subdivision exception I to condominiumize the Tom Thumb building and for exemption from the GMP for three employ units: Ms. Penne pointed out that six month minimum leases should be imposed. The thre • employee units are two one-bedrooms and a studio sizes 539 square feet, 636 square feet and 399 square feet. The applicant requested the middle income category and listed i - I '. construction costs of $240 per square foot as justification. The county housing office recommended income categories which the P s 2 adopted, which are low income for the two smaller units and moderate income category for the larger unit. . Ms. Penne told Council the planning office recommends approval with rental at low for units 1 and 2 and moderat for unit 3 with six month minimum leases and the engineering conditions. Tam Scott, representing the applicant, told Council the city's income guidelines compute out that 25 per cent of annual income is a fair amount to attribute to rentals. The I middle sized apartment would fit the low income by only $40; the cut off for moderate • I is an annual income of $12,200. If one uses the 25 per cent criteria, an employee would need to earn $12,160 going by square foot for rental rates. Scott said with this and th quality of the project and the location of the units, it would not be out of line to request the moderate bracket. Mayor Edel asked if these units were designated when the IIdevelopment application came to the city. Ms. Penne said these were not; P 6 z is aware this should be changed as the developer needs to know going into the project what income category the units will be. Alan Richman said in the commercial GMP competition, points 1 are not given for specific income level categories. ' I Councilman Parry said if an employee in the building wanted to rent a unit here and they earned too much money, they could not rent it. Alan Richman told Council the city has ro • Iactivated the occupancy guidelines except for the units that specifically go through the housing office. Richman said when there is a city housing Office, they may be able to activate the income/occupancy guidelines for all projects; at this point, the city does not have a mechanism to qualify renters or purchasers. Council went through the calcula• p tions for each apartment for each category. I� Scott asked if law is ever found to be illegal or is repealed, then will the deed restri tions automatically be terminated. City Attorney Tadduno said he would noC reeerr,i.ecd this as (this is a concession under • ntf' ;t, C opr-,n :into .1 out _ . a - f;'.a,t_, afhLn for a departure of city policy. The city has asked people to voluntarily deed restrict units 'in city exchange for things. Taddunc said if the ci is 9 g y giving someone development rights based on certain GMP exemptions, there should be no equivocation. Scott said the, H. units were not built as low income units to the developers mind. Mayor Edel said the i Council has been trying to get as many low income units into the market as they can. Councilman Collins moved that all three units be classified as moderate income category; seconded by Councilman Parry. Councilman Collins said he felt they should be moderate because of the size of the units the location of the units, where they are situated in the building they should be moderate units. . Councilmembers Collins, Michael and tarry in favor, Councilman Knecht and Mayor Edel 1 opposed. Motion carried. • Councilman Parry moved to approve the subdivision exception for the purposes of condo- miniumization and GMP exemption for the three employee units outlined with the rental and sale prices set at moderate income level ; conditioned upon (1) six month minimum leases with -no more than two shorter tenancies per year; (2) the five engineering conditions for plat amendment outlined in the engineering department memo; (3) deed restrictions documents be submitted to the city attorney with 50 year restrictions for rental and sale prices set at moderate; seconded by Councilman Collins. All in favor, with the exception of Councilman Knecht and Mayor Edel. Motion carried. GMP EXEMPTION FOR EMPLOYEE UNIT - Snow Queen Lodge Colette Penne explained-this is a request to expand an existing 250 square foot employee unit by combining it with an existing free market room for a total of 420 square feet 1 and to reconstruct a new rental lodge unit of not more than 420 square feet. Councilman ' j Parry questioned the condition which said this unit shall be rented to employees of this p lodge. Ns. Penne said this is typical of lodge and is required in the ordinance. Council pointed out if this is required, it does not need by a condition. • Councilman Parry moved to approve GMP exemption for the construction of an employee unit of 420 square feet at the Snow Queer Lodge (by combining an existing Jodge room with an existing employee space of inadequate size) , and replacement of that same square footage in the form of a new lodge ren!. q g r g rental rep..: with the following conditions; (1) deed restrictic to low income employee rental guidelines and against commercial rental or sale for a period of 50 years as sot forth in EOct inn 24--11 .4 (b) (3) ; (2) in the event that the lodge is condominiumized, the deed restricted unit must he retained as a portion of the common elements of the lodge; (3) health , safety and fire inspection and compliance prior to approval; seconded by Councilman Collins. Al ] in favor, motion carried. • I _ ithe planning office recommends approval with rental at for units 1 and 2 and moderat. 1 for unit 3 with six, month minimum leases and the engineering conditions. Tam Scott, representing the applicant, told Council the city's income guidelines compute out that 25 per cent of annual income is a fair amount to attribute to rentals. The middle sized apartment would fit the low income by only $40; the cut off for moderate is an annual income of $12,200. If one uses the 25 per cent criteria, an employee would f need to earn $12,160 going by square foot for rental rates. Scott said with this and the quality of the project and the location of the units, it would not be out of line to request the moderate bracket. Mayor Edel asked if these units were designated when the • development application came to the city. Ms. Penne said these were not; P 6 Z is aware this should be changed as the developer needs to know going into the project what income 1 category the units will be. Alan Richman said in the commercial GMP competition, points • ; are not given for specific income level categories. ' I Councilman Parry said if an employee in the building wanted to rent a unit here and they I earned too much money, they could not rent it. Alan Richman told Council the city has activated the occupancy guidelines except for the units that specifically go through the . I housing office. Richman said when there is a city housing Office, they may be able to activate the income/occupancy guidelines for all projects; at this point, the city does I not have a mechanism to qualify renters or purchasers. Council went through the calcula- • I Lions for each apartment for each category. Scott asked if law is ever found to be illegal or is repealed, then will the deed restrr. • tions automatically he terminated. City Attorney Taddune said he would not recoemend this as;this is a concession under protest. Chapman pointed out the applicant is askin,: for a departure of city policy. The city has asked people to voluntarily deed restrict units in exchange for things. Taddune said if the city is giving someone development rights based on certain GMP exemptions, there should be no equivocation. Scott said the i• . units were not built as low income units to the developers mind. Mayor Edel said the I Council has been trying to get as many low income units into the market as they can. Councilman Collins moved that all three units be classified as moderate income category; seconded by Councilman Parry. • Councilman Collins said he felt they should be moderate because of the size of the unite, the location of the units, where they are situated in the building they should be moderate units. Councilmembers Collins, Michael and Varry in favor, Councilman Knecht and Mayor Edel I opposed. Motion carried. Councilman Parry moved to approve the subdivision exception for the purposes of condo- �� miniumization and GMP exemption for the three employee units outlined with the rental • and sale prices set at moderate income level; conditioned upon (1) six month minimum leases with no more than two shorter tenancies per year; (2) the five engineering ( conditions for plat amendment outlined in the engineering department memo; (3) deed restrictions documents be submitted to the city attorney with 50 year restrictions for Ii rental and sale prices set at moderate; seconded by Councilman Collins. All in favor, III: with the exception of Councilman Knecht and Mayor. Edel. Motion carried. II GMP EXEMPTION FOR EMPLOYEE UNIT - Snow Queen Lodge ------ 1 . ` Colette Penne explainel t1it is a request to expand an existing 250 square foot employee_ '- '� I unit by combining it with an existing free market room for a total of 420 square feet and to reconstruct a new rental lodge unit of not more than 420 square feet. Councilman. Parry questioned the condition which said this unit shall be rented to employees of this „. .? '1 � lodge. Ns. Penne said this is typical of lodge and is required in the ordinance. Z , .' ' Council pointed out if this is required, it does not need b$ a condition. Councilman Parry moved to approve GMP exemption for the construction of an employee unit of 420 square feet at the Snow Queer Lodge (by combining an existing lodge room with an • 0 existing employee space of inadequate size) , and replacement of that same square footage i in the form of a new lodge rental ref : with the following conditions; (1) deed restrict, - to low income employee rental guidelines and against commercial rental or sale for a � II Q -7 t period of 50 years as set forth in Section 24-11.4 (h) (3) ; (2) in the event that the Q✓J. tl, h L iodg . is condominiumized, the deed restricted unit must be retained as a portion of the common elements of the lodge; (3) health, safety and fire inspection and compliance prim. to approval; seconded by Councilman Collins. All in avo r, carried. • S€,+( a4- t3.lu PPP" A File' ��� 5 6 `LE � .Zna. Iaf Jj. . 12,>--- b yot. sril • . o N rl> , .SO F.A .R.6. Pub I' jA,, —!1 S , it tilitibr4,tie..-ktttOt( . HPC reVie■; C. Welton Anderson & Associates Architects October 30 , 1981 MEMORANDUM I V177 !i NOV 21981 ,i L TO: PLANNING AND ZONING COMMISSION isik ASPEN ,:rt91CU.ri, CITY COUNCIL t PLANNING OF;LLiCE FROM: C . WELTON ANDERSON, ARCHITECT RE : LODGE APPLICATION FOR G.M. P . EXEMPTION AND CONDITIONAL USE APPROVAL FOR A NEW EMPLOYEE UNIT FOR THE SNOW QUEEN LODGE , 126 COOPER ST. ASPEN, COLORADO, NORMA DOLLE ,PROPRIETOR After the long awaited and hastily revised conditional use and G.M.P . exemption hearing for the Snow Queen Lodge , it became evident that two (2) employee units for 800 s . q . (250 s . q . existing and 550 s . q . new) added to a lodge of approximately 1300 s . q . was economically unrealistic . To expand the existing 250 s . q . unit to the required 400 s . f . code minimum or wait for a further revision to the code , down to 250 s . f . , (which I still urge) and face possible shutdown has made the applicant uneasy . This amendment solves , I believe , all these concerns , plus is consistent with the intent of the Lodge Preservation Ordinance , i . e. to help upgrade and make more attractive to the tourist preexisting lodges in now non-conforming zoning districts . The proposal (see attached drawing) is to combine a very old existing free market room with the "bandit" room (built with a permit pre G.M.P . /post "Lodges in non-conforming districts are to be discouraged" legislation -which makes it a quasi- legal free market lodge room eventhough used for manager ' s housing) , into a two (2) room deed restricted employee unit over 420 s . f . suitable for two or three employees . In return, the applicant would be allowed to construct a single new "free market" unit of the same square footage-more marketable to tourists than either of the existing rooms . ..., Planning / Architecture / Interior Design Box 9946 / Aspen ,Colorado 81612/(303) 925-4576 Page 2 of 2 P & Z - Snow Queen Lodge October 30 , 1981 The result would be : 1 . Net decrease in existing rentable lodge rooms of one (1) room. 2 . No net increase in rentable room square footage if new room is no larger than two (2) existing rooms (which square footage is exempted if deed restricted , therefore subtracted from "rentable" square footage of lodge) . 3. Improvement of overall safety and wellbeing of the lodge and occupants by adding a new second floor stairwell . . In other words , the addition of approved deed restricted employee housing to lodges in non-conforming districts is not considered an expansion of the lodge . Since the code allows for existing rental rooms so converted to be "replaced" (as long as there is no net increase in room/unit count or in non-employee square footage) with new construction, the applicant requests : 1 . G.M.P . exemption for a deed restricted employee unit of approximately 420 s . f . and "reconstruction" of no more than the 420 s . f . deeded into a new rental lodge unit . 2 . Conditional use approval for the employee unit . Your consideration of this application is appreciated . CbvLL C . Welton Anderson Architect for Snow Queen Lodge Sn ., ',x : � r 9.25,-t c_I „ • } .T�2oYnA, ��f& — nAsvie __. 14VPvi iifistsde F/14v.v;, 1C,4' t ,,i,4 4-a5,!4e. :,1a {a , • Iir 21 i ehlr,^.< b th Pm, W4 ) lief {.,, {f, 1 4 4., z,,. :,, FL 2„ Cinr,� — nt( ( 4 t 111.114'sl, ,`f , r f( •4 , -FL ',1 '4 4 '14t 4 ii H- I / ' t (� (2- U 1111/4- Al PIPIN 5•14M er I' .f) = ' Mite\O A , 13 \ii L '� e431S,A14 � 505111566 Z WI/pie it,for J_) r i ?: ^ - - i°,Tf,' '° li'. '''' ) " faetirr)rep br vhi�Jll Y1 o'^'h S{lu,1% 4ae w;;iiP�rjrV or i'70/97( prjr,fib, 44)1 SQj'fr LI Olt khwpi s t �8.64tiuyw:r�'nas — r,�✓llh (•v��cl l+ 14--- r^he.ire>4al up)» i ,f k+,i�rn,nJ n,rjtr/' i ), 1 —a.—"- ``— j N%>rP )1IaN; "Si(f9�1‘1Plti 1'nJn ..--45‘j ii,n1I +k""JA Ana enit •Jrr is' c .vt-Jj s 364 ' , I 64 44 r4141 /4/ C 1C9 r 44 aIA pl Pk Ej-21' 11 ni,SCe A 0 ^"'*' 6rj y/' " . 0r ,'44 f ,,,,/, ✓✓ I ! i 17 1 MEMORANDUM TO: Mayor Bill Stirling FROM: Steve Burstein, Planning Office /� RE : Snow Queen Lodge Inquiries and Consideration for HPC Review DATE : November 25 , 1985 Pursuant to your questions about how long Norma Dolle was delayed from starting her Snow Queen Lodge improvements project , I am provid- ing you with the following information. Mrs. Dolle first contacted the Planning Office on August 12 , 1985 about modifying the expansion and employee housing plan for the Snow Queen Lodge which had received approval in 1982 . Before setting out the necessary reviews for her , I researched the prior review file, the Historic Inventory file on her house , the City Zoning Map and a list of structures and sites which I thought had each received individual historic designation. The Snow Queen Lodge appears to be designated "H" on the Zoning Map and is included in the list of structures mentioned. On August 14, I told her no further land use review was necessary for the changes she proposed based on its status in the L-3 Zone District , but the addition should be reveiwed by HPC as the structure was designated. I did not hear from Mrs. Dolle for approximately two weeks. On September 4 , we spoke about HPC review procedures. Later that week it was agreed that replacement of windows could be done without HPC approval . The Snow Queen was scheduled for the September 10 , 1985 HPC meeting. On September 6 , 1985 , I discovered the mistake of designa- tion, so I called Welton Anderson, the architect for the project , to tell him no HPC review was necessary . I also tried to call Mrs. Dolle. On September 9 , I reached Mrs . Dolle to explain the situation and apologize for the incorrect identification. Approximately 4 weeks passed between Mrs. Dolle first contact and the end of the story. However, during about two weeks of that time, as I recall , no action was pursued. cc : Alan Richman SB.15 /114k I)--Z wlxf,vta tip I d ;At--wa, f1,eMPl,y+c 4e n' net p kat°W ,r✓r/4 a(nl alt'�ur,ii . :Q ,U t ,4edli* A#+,s 1st 4 (thu (te t '„#0104,-h (2)14cr sc dd kith d I0µ'td F.A,(far i-3,SD r,e 1 it,/✓k revitW Wm ni,e lel, MEMORANDUM TO: Aspen City Council FROM: Colette Penne, Planning Office RE: GMP Exemption -Rpproval for a new employee unit for the Snow Queen Lodge, 126 Cooper Street iii 7 DATE: February 8, 1982 APPROVED AS TO FORM: 7(: �s�. � 1 . (-�'' ' Location: Snow Queen Lodge, Lot Q and East 1/2 of ;L t P, Block, 9 (124 E. Cooper Avenue) i Zoning: R-MF Lot Size: 4500 sq. ft. Applicant's Request: To expand the existing 250 sq. ft. employee unit by combining it with an existing free market room for a total of 420 sq. ft. and reconstruction of a new rental lodge unit of not more than 420 sq. ft. Referral Agency Comments: Engineering Department "In view of the already-built nature of the "proposed" improve- ments, the Engineering Department has little problem with poten- tial impacts. Additionally, the northerly portion of the lot is graveled and devoted to parking and a trash dumpster. There would appear to be no point in requiring further improvement of the inadequate parking currently on site. " City Attorney "Ordinance No. 26 (1981 ) allows a non-conforming lodge to be enlarged for the purpose of constructing deed restricted employee housing units accessory to the principal use, subject to approval by the P & Z, utilizing the criteria set forth. Of paramount importance is that the new unit be deed restricted to employee rental guidelines and against commercial rental or sale for a period of 50 years as set forth in Section 24-11 .4(6) (3) . With respect to applicant's addendum dated June 12, 1981 , I have the following additional comments: 1 . The so-called illegal unit can be legitimized provided said unit meets all criteria of Ordinance No. 26 (1981 ) in the judgement of P & Z and is deed restricted as indicated above. Otherwise the illegal condition should be abated. 2. Cooking facilities (i .e. , kitchen facilities) in the new unit appear to be proper so long as the unit is utilized only as an employee unit. Section 24-3.1 (0) defines a lodge as "a building containing three (3) or more units, none of which contain kitchen facilities, intended for temporary occupancy of guests." The employee unit now allowed by Ordinance No. 26 (1981 ) is accessory to the lodge use and the addition of kitchen facilities to the employee unit would not conflict with the lodge definition. Planning Office Review: Background This application came to the Planning and Zoning Commission first in the form of a request to build a 400 square foot new w Memo: GMP Exemption for a New Employee Unit for the Snow Queen Lodge, 126 Cooper Street Page Two February 8, 1982 employee unit at the Snow Queen Lodge and to legitimize an existing 200 square foot employee unit. The P & Z approved construction of the new unit and tabled action of legitimizing the small employee unit until new legislation could be written and adopted which allows for employee units that are smaller than the minimum outlined in the GMP section of the code. The reason for this action was a reluctance on the part of P & Z to not allow the small employee unit to be legitimized, which, with the new unit netted no increase in employee housing and removed a unit which had been functioning adequately. Rather than wait for the process of the adoption of new legisla- tion, and because the construction of .a new employee unit and enlarging the existing employee unit was not an economically realistic alternative, the revised application proposes to combine a very old existing free market room with the small employee room into a two room deed restricted employee unit of approximately 420 square feet. A new "free market" lodge rental room would be constructed of equal or less square footage than the new combined employee room. A new second floor stair- well will be added, improving the overall safety of the lodge. The proposed addition will not increase the non-conformity of the lodge. One lodge room is being subtracted from the present number of units for employee housing and Ordinance No. 26 (1981 ) allows for the expansion of rental rooms provided an equal amount of existing square footage is converted from rental rooms to deed restricted employee units. Since the existing "bandit room" cannot be legally used as such, the total square footage of the new employee room will be allowed for the new lodge rental room. Planning Office Recommendation and P & Z Action: The Planning Office recommends GMP exemption for the construc- tion of an employee unit of 420 square feet at the Snow Queen Lodge (by combining an existing lodge room with an existing employee space of inadequate size) , and replacement of that same square footage in the form of a new lodge rental room with the following conditions: 1 . Deed restriction to low imcome employee rental guidelines and against commercial rental or sale for a period of 50 years as set forth in Section 24-11 .4(b)(3). 2. In the event that the lodge is condominiumized, the deed restricted unit must be retained as a portion of the common elements of the lodge. 3. The deed restricted units provided at the lodge shall be limited in their rental solely to employees of that lodge and shall not be rented to other employees of the community nor rented on the open market. 4. Health, safety and fire inspection and compliance prior to approval . Your consideration of this matter is certainly appreciated. Sincerely, C• NIA-- C. Welton And rson, Architect for the Snow Queen Lodge CWA/mgb Enclosures • PUBLIC NOTICE • RE: Snow Queen Lodge - Conditional Use NOTICE IS HEREBY GIVEN that a public hearing will be held before the Aspen Planning and Zoning Commission on Tuesday, January 5, 1982 at a meeting to begin at 5:00 P.M. in the City Council Chambers, City Hall , 130 S. Galena, Aspen, to consider a conditional use application submitted by Norma Dolle requesting approval for a nonconforming lodge to reconstruct existing free market rooms to be exempted from GMPand converted to an employee unit and to construct a free market unit with the same square footage as the previously- existing free market unit. For further information, contact the Planning Office, 130 S. Galena, Aspen, 925-2020, ext. 223. s/ Olof Hedstrom Chairman, Aspen Planning and Zoning Commission Published in the Aspen Times on December 3, 1982 City of Aspen Account • .. CERTIFICATE OF MAILING I hereby certify that on this second day of December, 1981 , a true and correct copy of the Notice of Public Hearing regarding Snow Queen Lodge - Conditional Use was deposited into the United States mails, postage prepaid, and addressed to the following: Mr. James E. Scull Frances H. , Sara E. , Christopher M. Johnston Box 2051 Box 3734 Aspen, CO 81612 Aspen, CO 81612 Mr. Joseph L. Tita Mr. Robert . Leatherman 29 Patti Lynn Lane Ms. Kathryn N. Pitner Houston, TX 77024 1363 S. Columbine Denver, CO 80210 Lt. Col . Richard Owen Merritt Box 3733 Mr. and Mrs. Robert A. Jacobson Aspen, CO 81612 149 Parish Road New Canaan, Connecticut 06840 Mr, Sandra P, Johnston Box 233 Mr. Michael Ohnmacht Aspen, CO 81612 Box 1172 Aspen, CO 81612 Limelite, Inc,Mr. Leroy G. Paas B.F. Walker, Inc. 228 E. Cooper Box 178 Aspen, CO 81611 Denver; CO 80217 Augustus F. Hallum Friedrich L. and Diana Stammberger Margery L. Hallum c/o Janice P. Stammberger Marther Her 4724 Lemona 121 North 5th St. Sherman Oaks, CA 94103 Aspen, CO 81611 Mr. and Mrs. Kenneth Gutner Ronald D, Austin 3285 Dato David F. Jones Highland Park, IL 60035 Perry A. Ey 600 E, Hopkins Avenue Garth G. Gilpin . Aspen, CO 81611 Travis J. and Joan G. Harrison 7145 Fair Oaks #37 Canada House of Aspen, Ltd. Dallas, TX 75231 411 South Monarch St. Aspen, CO 81611 Mr, Robert L. Silverman J. Allen Dougherty Paul G. Anderson and Elinor H. Andersota20 Jeffrey Road Box 2916 Malvern, PA 19355 Aspen, CO 81612 Mr, and Mrs. Edwin V. Ladd, Jr. Karen N. Hynds 184 Maxine Road Henrietta Carol Atchison Bristol , Connecticut 06010 Jean B.C. Vagneur 203 Briar Lane Mr, and Mrs. Donald R. Wrigley Morris, IL 60450 Box 3399 Aspen, CO 81612 Floyd B, Joy 765 Garfield South Mr, Robert C. Riddell Denver, CO 80209 2629 Whitmore Fort Worth, TX 76107 - Page Two Snow Queen Lodge - Conditional Use Mr. John Robert Adler Mr. and Mrs. James W. Manning 224 Homewood Road 4193 S. Dahlia St. Los Angeles, CA 90049 Englewood, CO 80110 Snow Flake Lodge, Inc. Mr. Robert H. Durham, Jr. 221 E. Hyman 717 Seventeenth Street Aspen, CO 81611 Suite 2460 Denver, CO 80202 Frances Willoughby Herron Box 545 Mr, and Mrs, Fred C. Larkin Aspen, CO 81612 One Cove Lane Littleton, CO 80123 Mr. and Mrs. Richard E. Sabbatini 204 E. Durant Avenue Mr. and Mrs. Steven R. Stunda Aspen, CO 81611 230 Stony Run Lane Apt. 2-D Mr. and Mrs. Terry A. Miller Baltimore, MD 21210 21873 W. Highway 82 Aspen, CO 81611 Dr, Hugh J. McGee 3928 S, Jasmine Mr. Glenn Eugene Law Denver, CO 80237 Box 2537 Aspen, CO 81612 Mr. and Mrs. James Gardner 5769 Snowberry Lane Mr. and Mrs. Rodney E. Berle Littleton, CO 80123 Mr. Wayne Ariola 534 South West Gate Mr, Dwight K. Shellman, Jr. Trustee Los Angeles, CA 90052 James N, Babcock, Trustee S.N, Babcock Inter Vivos Trust Mr, C.M. Clark 118 E. Cooper Street Box 566 Aspen, CO 81611 Aspen, CO 81612 Cooper Street Lofts Condominium Association Brixia, Inc. 128 E, Cooper Street c/o Dan Hindelang Aspen, CO 81611 . Box 8502 Aspen, CO 81612 W/J Ranch, Inc, Box 4765 Glennis George Beck Aspen, CO 81612 Box 1111 Aspen, CO 81612 Mr, Leonard J. Koval Mrs, Barbara W. Koval Mr. and Mrs. Albert M. Rosen 920 Forest Glen West • Box MM Winnetka, Kansas 60093 Taos, New Mexico 87571 Mr, Lyle D. Reeder Mr. and Mrs. Horace Thompson Box 4859 Mr. and Mrs. Verne G, LaTourette Aspen, CO 81612 5619 Maradoe Circle Shreveport, Louisiana 71109 Mr. and Mrs, Joseph R. Tarbet Box 3640 Lucrettia Donnell D. Coke Aspen, CO 81611 7130 Royal Lane Dallas, TX 75230 Mr. Stuart Williams 18 Field Point Road Fairfield, Connecticut O Page Three/Snow Queen Lodge -Conditional Use e Mr. Isiah Coleman Box 11239 �i Aspen, CO 81612 � \/ Mr. Robert G. Gardner 5 Hilliard Place Cambridge, Massachusetts Mr. William R. Hough One Beach Drive Apt. 1002 St. Petersburg, Florida 33731 Mr. and Mrs. Clifford Llewellyn 122 E. Durant St. Aspen, CO 81611 Aspen Townhouse Central Partnership 803 Bonita Drive Aspen, CO 81611 Mr. Philip H. Fredrick 46 Bridle Path Orchard Park, WY 14127 Harvey C. Taylor W. 301 N. 9439 Highway E Hartland, Wisconsin 53029 Mr. and Mrs. Charles L. Severy Ms. Margaret S. Johnston Mr. Charles Lamb Severy Mr. Richard L. Severy 30 Dexter Street • Denver, CO 80220 Myrtis Mixon Collins Box 3828 Aspen, CO 81612 James R. Shenk, Trustee Shenk Trust Account Box 9647 Aspen, CO 81612 Mr. Harry Uhfelder. Box 1165 Aspen, CO 81612 Mr. and Mrs. S: Elliott Harris 1 8200 more, MD Drive Baltimore, MD 21208 4 Mr. and Mrs. S. Elliott Harris 8200 Pike Symphony Drive (\ j Pikesville, MD. 21208 �J 4 , , RECORD OF PROCEEDINGS 100 Leaves // ORDINANCE NO. 026 (Series of 1981) AN ORDINANCE REPEALING AND RE-ENACTING SECTION 24-13. 11 OF THE MUNICIPAL CODE OF THE CITY OF ASPEN SO AS TO CLARIFY THE LIMITATIONS ON THE AMOUNT OF DEED RESTRICTED EMPLOYEE HOUSING UNITS WHICH MAY BE ADDED TO NON-CONFORMING LODGES IN THE R-6 THROUGH R-40 ZONE DISTRICTS WHEREAS, the Aspen Planning and Zoning Commission has recommended that Section 24-13. 11 of the Municipal Code of • the City of Aspen be revised so as to clarify the limitations on the amount of deed restricted employee housing units which may be added to non-conforming lodges in the R-6 through R-40 zone districts, and WHEREAS, the City Council desires to repeal and re-enact Section 24-13. 11 of the Municipal Code of the City of Aspen pursuant to the recommendations of the Aspen Planning and Zoning Commission. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO: Section 1 That Section 24-13. 11 of the Municipal Code of the City of Aspen is hereby repealed and re-enacted to read as follows: Sec. 24-13. 11 EMPLOYEE HOUSING IN NON-CONFORMING LODGES Notwithstanding the provisions of Section 24-13. 4 of this Code, a nonconforming lodge ' may be enlarged, extended, constructed, re- constructed or structurally altered for the purpose of constructing deed restricted employee units accessary to the principal use. Such enlargement, extension, construction, a reconstruction, or structural alteration must be reviewed and receive approval by the Plan- ning and Zoning Commission pursuant to the conditional use review process of Section 24-3 . 3 of this Code prior to the issuance of a building permit. • RECORD OF PROCEEDINGS 100 Leaves The Planning and Zoning Commission shall use the following conditions and review criteria: 1. For non-conforming lodges in the R-6, R-15, R-15A, R-30, R-40; R/MF, CC, C-1, S/C/I, NC and 0 zones, expansion of deed restricted employee units provided there is no increase in lodge units. Review and approval pursuant to review criteria as follows : a. Compliance with any adopted housing plan, specifically the need for seasonal employee rooms and deed restrictions against commercial rental or sale. b. Maximization of construction quality and unit size. c. Minimization of adverse environ- mental and social impacts. d. Compatibility with surrounding land uses and zoning including area and bulk requirements of the underlying zone district. • e. Adequacy and availability of utilities. f. Adequacy and availability of parking. 2. In all zones:. deed restriction to employee rental price guidelines and against commercial rental or sale. In the event that the lodge is condominium- ized, the deed restricted units must be • retained as a portion of the common elements of the lodge. 3. Health, safety and fire inspection and compliance prior to approval. 4. The expansion may be in rental rooms 'i provided an equal amount of existing square footage is converted from rental rooms to deed restricted employee units. --� 5. The deed restricted units provided at the lodge shall be limited in their rental solely to employees of that lodge and shall not be rented to other employees of the community nor rented on the open market. -2- RECORD OF PROCEEDINGS 100 Leaves FORM 10 C.F.MOFCM FL B.B.B L.CO. ' Section 2 If any section, subsection, sentence, clause, phrase or portion of this ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and in- dependent provision and such holding shall not affect the validity of the remaining portions thereof. Section 3 A public hearing on the ordinance shall be held on the 6710 day of i97 1981, at 5: 00 P.M. in the City Council Chambers, Aspen City Hall, Aspen, Colorado, 15 days prior to which hearing notice of the same shall be published once in a newspaper of general circulation within the City of Aspen. INTRODUCED, READ AND ORDERED published as provided by law by the City Council of the City of Aspen, Colorado, at its regular meeting held on the .#7 day of 4 , 1981. erman Edel, Mayor ATTEST: &ynSKo2 ' ��—°`"e-- `� City Cle FINALLY adopted, passed and approved on the -0-24b day of . 1981. / % / Heiman Edel, Mayo ATTEST: Kathryn SA/Koch City Cle - -3- • C. Welton Anderson $c' Associates Architects TO: Aspen City Planning and Zoning Commission FROM: Snow Queen Lodge 124 E . Cooper Aspen, Colorado 81611 RE : YET ANOTHER AMENDMENT TO SNOWQUEEN LODGE APPLICATION FOR THE ADDITION OF EMPLOYEE HOUSING TO A LODGE IN A NON-CONFORMING DISTRICT DATE : SEPTEMBER 2 , 1981 This amendment is pursuant to a comment from Collette Penne in the Planning Office that our previous application did not include enough square footage to constitute an "employee unit" . We therefore wish to raise the number of square feet being applied for to 400 square feet for the new unit . Ms . Penne further stated that she believed our attempt to deed restrict and legalize the existing employee unit was impossible because this unit did not meet the 400 square feet minimum size prescribed for new employee units in the Growth Management Plan. We would appreciate clarification of this point by the Commission. It is our understanding that it was nowhere intended in the drafting of the various ordinances promoting employee housing, that the Growth Management Plan standards should be used to deny an application to add a quite habitable existing unit to the pool of deed-restricted employee housing. C. Welton Anderson , Architect Snow Queen Lodge a Planning / Architecture / Interior Design Box 9946 / Aspen ,Colorado 81612/(303) 925-4576 C Welton Anderson & Associates Architects T0: Aspen City Planning and Zoning Commission FROM, Snow Queen Lodge 124 E. Cooper Aspen, Colorado 81611 RE, Conditional Use Application for the addition of employee housing to a lodge in a non- conforming district DATE: 6 April 1981 This application is for the conditional use approval for the addition of approximately 300 square feet of employee housing to the Snow Queen Lodge which is located at 124 E. Cooper Street, Aspen, in the yellow 'Victorian house next to the Little Red Ski Haus. The lodge is located in the RMF zoning district which, although in close proximity to the mountain and other lodges , is a non-conforming use. The existing lodge has approximately 1900 square feet of floor area on a 4500 square feet pre-existing non-conforming lot. The Floor Area Ratio (FAR) in the RMF zoning district is 1, 1 and this addition would not even bring this structure to 0. 5, 1. The applicant proposes to construct the bulk of the 300 square feet of new employee housing on top of existing one story additions to the old Victorian house. This would not significantly increase the footprint of the building and will serve to improve the architectural integrity of the existing Victorian house. As indicated in the accompanying material, there is space along the alley for five parking spaces. Presently that parking area is underutilized and accommodates two cars. To address the concerns of the Planning and Zoning Commission and Engineering Department, that space shall be improved per Engineering's recommendations to be fully usable for parking. This is the first application before the P & Z for Conditional Use approval for employee housing in a lodge situated in a non-conforming zoning district, and as such, should come under close scrutiny. The applicant feels the addition of a bedroom and bath to house employees of the Snow Queen Lodge is the type of small scale project which the ordinance was intended to encourage. And the upgrading and preservation of Aspen's remaining Victorians ( particularly those with unique architectural features such as the Snow Queen's) are certainly matters of community concern. l8 CITY,; .' ; PEN 130s , • . • ;, r tree aspen ""'';:: ' + }', 81611 MEMORANDUM TO: Colette Penne, Planning Office FROM: Jay Hammond, Assistant City Engineer A" DATE: August 25 , 1981 RE: Snow Queen Lodge Conditional Use A brief comment regarding the Snow Queen' s application to add an employee unit to the non-conforming lodge at 124 East Cooper . In view of the already-built nature of the "proposed" improvements , the Engineering Department has little problem with potential impacts . Additionally, the northerly portion of the lot is graveled and devoted to parking and a trash dumpster. There would appear to be no point in requiring further improvement of the inadequate parking currently on site. CITY, � '. ;1 / t PEN - ,�• 130 .�' r . � r ..`, reet .26!. 20 1.931 asp ,�iy L�< . 0.1611 , _ ICJ A°,PEN / PITKIN CO, PLANNING OFFICE MEMORANDUM DATE: July 17 , 1981 TO: Alan Richman FROM; Paul Taddune RE; Snow Queen Lodge - Conditional Use Ordinance No. 26 ( 1981) allows a non-conforming lodge to be en- larged tor the purpose of constructing deed restricted employee housing units accessory to the principal use, subject to approval by the P&Z , utilizing the criteria set fortn. Of paramount impor- tance is that the new unit be deed restricted to employee rental guidelines and against commercial rental or sale for a period of 50 years as set forth in Section 24-11. 4(b) (3) . With respect to applicant's addendum dated June 12, 1981 , I have the following additional comments : 1. The so-called illegal unit can be legitimized provided said unit meets all criteria of Ordinance No. 26 ( 1981) in the judgment of P&Z and is deed restricted as indicated above. Otherwise the illegal condition should be abated. 2. Cooking facilities ( i.e. kitcnen facilities ) in the new unit appear to be proper so long as the unit is utilized only as an employee unit. Section 24-3. 1 (o) defines a lodge as "a building containing three (3) or more units , none of which contain kitchen facilities , intended for temporary occupancy of guests " . The employee unit now allowed by Ordinance No. 26 ( 1981) is accessory to the lodge use and the addition of kitchen facilities to the employee unit would not conflict with the lodge definition. PJT:mc MEMORANDUM TO: Aspen Planning and Zoning FROM: Colette Penne, Planning Office RE: Snow Queen Lodge - Conditional Use and Exemption from GMP for • Employee Unit • DATE: September 8, 1981 Location: Snow Queen Lodge, Lot Q and East z of Lot P, Block 69 (124 E, Cooper Avenue) • Zoning: R-MF Lot Size: 4500 sq. ft. Applicant's To construct 400 square feet of employee housing at the Request: Snow Queen Lodge and to legalize and deed restrict their previously illegal employee housing unit of 200 square feet. Referral Agency Comments: Engineering Department "In view of the already-built nature of the "proposed" improvements, the Engineering Department has little problem with potential impacts. Additionally, the northerly portion of the lot is graveled and devoted to parking and a trash dumpster. There would appear to be no point in requiring further inprovement of the inadequate parking currently on site. " City Attorney "Ordinance No. 26 (1981 ) allows a non-conforming lodge to be enlarged for the purpose of constructing deed restricted employee housing units accessory to the principal use, subject to approval by the P & Z, utilizing the criteria set forth. Of paramount importance is that the new unit be deed restricted to employee rental guidelines and against commercial rental or sale for a period of 50 years as set forth in Section 24-11 .4(b) (3) . With respect to applicant's addendum dated June 12, 1981 , I have the following additional comments: • 1.. The so-called illegal unit can be legitimized provided said unit meets all criteria of Ordinance No. 26 (1981 ) in the judgement of P & Z and is deed restricted as indicated above. Otherwise the illegal condition should be abated. 2, Cooking facilities (i .e. , kitchen facilities) in the new unit appear to be proper so long as the unit is utilized only as an employee unit. Section 24-3.1 (o) defines a lodge as "a building containing three (3) or more units, none of which contain kitchen facilities, intended for temporary occupancy of guests. " The employee unit now allowed by Ordinance No. 26 (1981 ) is accessory to the lodge use and the addition of kitchen facilities to the employee unit would not con- flict with the lodge definition. Planning Office The lodge is a non-conforming use and has at present approxi- Review: mately 1900 square feet. With the addition, the FAR will still be slightly under 0.5:1 . In a letter from the applicant's architect, he states that "this would not significantly Memo: Snow Queen Lodge - Conditional Use and Exemption from GMP for Employee Unit Page Two September 8, 1981 increase the footprint of the building and will serve to improve the architectural integrity of the existing Victorian house." He also committed that the parking space along the alley will be revised to be usable for five spaces, which is adequate because the lodge use is in the R-MF. Ordinance No. 26 (Series of 1981 ) repeals and re-enacts Sec. 24-13.11 of the Municipal Code to allow for a nonconforming lodge to be enlarged, extended, constructed, or structurally altered for the purpose of constructing deed restricted employee units accessory to the principal use. The existing employee unit houses the lodge manager, but is only 200 sq. ft. which is inadequate size and cannot be legalized. The unit to be constructed would be limited solely to lodge employees. There will be no increase in lodge units. Planning Office Recommendation: The Planning Office recommends approval of the addition of an employee unit of 400 square feet to the Snow Queen Lodge and recommends denial of the legalization of the existing converted employee living space. This approval will be for conditional use as well as for exemption from GMP for the employee unit with the following conditions: 1 . That building plans and renderings be submitted prior to the application proceeding to City Council . 2. The applicant submitting a deed restriction to the City Attorney for his review and approval which restricts the employee unit to low income guidelines and against commercial rental or sale, In the event the lodge is condominiumized, the deed restricted units must be retained as a portion of the common elements of the lodge. The deed restricted units provided at the lodge shall be limited in their rental solely to employees of that lodge and shall not be rented to other employees of the community nor rented on the open market, ftscs8A VC\;\ \R:s .3 \\Qs' \N NQ't6 0>P S)-P TO: Aspen Planning and Zoning Commission FROM: C. Welton Anderson, Architect for Snow Queen Lodge RE: Addendum to April 6, 1981 Memo to Planning and Zoning DATE: 12 June 1981 ADDENDUM TO MEMO In the months subsequent to the preparation of the afore- mentioned application discussions with both the applicant and Planning Office concerning the substance of the new ordinance have provided some additional background we would like to add at this time. The Snow Queen Lodge presently contains only five rental guest rooms and a common kitchen/laundry room. It also contains presently an employee studio, of approximately 200 square feet (with cooking facilities) which was converted illegally approximately five years ago from a storage room that was legally built. This space has never been rented commercially, and houses the manager ( the owner' s son) . This application is being amended in two ways. First , the applicant wishes to legalize and deed restrict their previously illegal employee housing unit now that the code has been changed to allow such housing. Secondly, the applicant wishes to provide cooking facilities for the new unit proposed. The Planning Office has confirmed to me that although kitchenettes are not addressed specifically in this new ordinance, the intent of providing employee housing is to provide safe, liveable and complete housing, not dorm space. To my knowledge, not only is this the first application under this ordinance but this is also the first applicant willing to admit honestly from the start the presence of an illegal unit and requesting that it be reviewed and deed restricted. Owl- C Welton Anderson & Associates Architects TO, Aspen City Planning and Zoning Commission FROM: Snow Queen Lodge 124 E. Cooper Aspen, Colorado 81611 RE: Conditional Use Application for the addition of employee housing to a lodge in a non- conforming district DATE: 6 April 1981 This application is for the conditional anprova.1> for the addition of approximately 300 square feet of employee housing to the 'now Queen Lodge which is located at 124 E. Cooper Street, Aspen, in the yellow Victorian house next to the Little Red Ski Haus. The lodge is located in the RMF zoning district which, although in close proximity to the mountain and other lodges , is a non-conforming use. The existing lodge has approximately 1900 square feet of floor area on a 4500 square feet pre-existing non-conforming lot. The Floor Area Ratio (FAR) in the RMF zoning district is 1: 1 and this addition would not even bring this structure to 0. 5: 1. The applicant proposes to construct the bulk of the 300 square feet of new employee housing on top of existing one story additions to the old Victorian house. This would not significantly increase the footprint of the building and will serve to improve the architectural integrity of the existing Victorian house. As indicated in the accompanying material, there is space along the alley for five parking spaces. Presently that parking area is underutilized and accommodates two cars. To address the concerns of the Planning and Zoning Commission and Engineering Department, that space shall be improved per Engineering' s recommendations to be fully usable for parking. This is the first application before the P & Z for flnndittpnal Use approval for employee housin: i a lod:e situated in a n• - • - • H • n. • s rict, - .. . • s ou • come under close scrutiny. The applicant feels the addition of a bedroom and bath to house employees of the Snow Queen Lodge is the type of small scale project which the ordinance was intended to encourage. And the upgrading and preservation of Aspen' s remaining Victorians ( particularly those with unique architectural features such as the Snow Queen's) are certainly matters of community concern. Your consideration of this matter is certainly appreciated. Sincerely, • C. 4,a.- C. Welton And rson, Architect for the Snow Queen Lodge CWA/mgb Enclosures • TO: Aspen Planning and Zoning Commission FROM: C. Welton Andersen, Architect for Snow Queen Lodge RE: Addendum to April 6, 1981 Memo to Planning and Zoning DATE: 12 June 1981 ADDENDUM TO MEMO In the months subsequent to the preparation of the afore- mentioned application discussions with both the applicant and Planning Office concerning the substance of the new ordinance have provided some additional background we would like to add at this time. The Snow Queen Lodge presently contains only five rental guest rooms and a common kitchen/laundry room. It also contains presently an employee studio, of approximately 200 square feet (with cooking facilities) whiGi m 6, Las ^^ r.r � illegally approximately five years go from a storage room that was legally built. This space has never been rented commercially, and houses the manager ( the owner' s son) . This application is being amended in two ways. First, the applicant wishes to legalize and deed restrict their previously illegal employee housing unit now that the code has been changed to allow such housing. Secondly, the applicant wishes to provide cooking facilities for the new unit proposed. The Planning Office has confirmed to me that although kitchenettes are not addressed specifically in this new ordinance, the intent of providing employee housing is to provide safe, liveable and complete housing, not dorm space. To my knowledge, not only is this the first application under this ordinance but this is also the first applicant willing to admit honestly from the start the presence of an illegal unit and requesting that it be reviewed and deed restricted. CW AL • • • PUBLIC NOTICE RE: Snow Queen Lodge - Conditional Use NOTICE IS HEREBY GIVEN that a public hearing will be held before the Aspen Planning and Zoning Commission on Tuesday, September 8, 1981 at a meeting to begin at 5:00 P.M. in the City Council Chambers, City Hall , 130 S. Galena, Aspen, to consider a conditional use application submitted by the Snow Queen Lodge pursuant to Ordinance 26, series of 1981 , for a nonconforming lodge to be enlarged for the purpose of constructing deed restricted employee units accessory to the principal use. For further information, contact the Planning Office, 925-2020, ext. 223. s/ Olof Hedstrom Chairman, Aspen Planning and Zoning Commission Ajt Published in the Aspen Times on July 30, 1981 City of Aspen Account • WJ • • • • MEMORANDUM TO: Paul Taddune, City Attorney Engineering Department Fire Marshal/Building Department FROM: Alan Richman, Planning Office RE: Snow Queen Lodge - Conditional Use DATE: July 14, 1981 • Attached is an application submitted by the Snow Queen Lodge requesting conditional use approval pursuant to Ordinance 26, 1.981 which permits nonconforming lodges to expand by providing deed restricted units for employees. The applicant proposes to add approximately 300 square feet of employee housing. The applicant has a previously existing studio which he would like to legalize and deed restrict. There will be a public hearing on August 18, 1981 to consider this application. Please review and return any comments to me by Thursday, July 30. 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( 4 , /- rD, _✓ / 1 '/ r . � C/e✓ t7C.1. /- 1 5_2_0 . , , . 2� �i v s' 'z 6a-A_S . 27 -75-, 7317 7317-3 / g--"4-a-C 44 7 47 -")./.-v-e //c_ _ ys h / <71�Fi�r� a J 41-0/ C X .t /70S ,,Lk.„ 4 coc2/ gtrzi - ;/.) 424 Ciln_Z} -75 - fix //72_) [/ /7 02 391 / d -✓cd r/ c 277? /471f ,1 .) eyteeo / s. 47° /ai = /7 t ;kLcaigiC 14. , 43 d 1/ -27Cces-Lt 9a—Zets., B/c D a -6- . _ O % #5 / / - ' ‘/ c: F00.2_6 c- d( 0 zi.D 7 ix 02 7/ 3 � 4x 3_4 S / 3 - - /� g 7 76 V -7- 7 3S 3 -/c _ 9Ztn6b 3 -G- /c /, t /� N , ,C)(//e--C_ /4 , c (9442, /,S ,/,44e/ �� i °(// /I / to')2 ; / e___ — e/d// 164 _ ,z4 7t 43 229-r 96-n-to o e r 4 to - ; C 77 -2 lit_al -a--A-ce--dice_ y(i-e-z-- ___e_y cz.3 7-0 ovi, ,---,7 cui_cz. ,7,0_,..„ _ 4., . x_.,,,,, qq z s 77 , , , , , , , . i • �1 L MEMORANDUM TO: Aspen Planning and Zoning Commission FROM: Colette Penne, Planning Office RE: GMP Exemption and Conditional Use Approval for a new employee unit for the Snow Queen Lodge, 126 Cooper Street DATE: December 33 , 1981 Location: Snow Queen Lodge, Lot Q and East 1/2 of Lot P, Block 69 (124 E. Cooper Avenue) Zoning: R-MF Lot Size: 4500 sq. ft. Applicant's Request: To expand the existing 250 sq. ft. employee unit by combining it with an existing free market room for a total of 420 sq. ft. and reconstruction of a new rental lodge unit of not more than 420 sq. ft. This requires conditional use approval as per Section 24-3.3 and GMP exemption for the employee unit. Referral Agency Comments: Engineering Department "In view of the already-built nature of the "proposed" improve- ments, the Engineering Department has little problem with poten- tial impacts. Additionally, the northerly portion of the lot is graveled and devoted to. parking and a trash dumpster. There would appear to be no point in requiring further improvement of the inadequate parking currently on site. " City Attorney "Ordinance No. 26 (1981 ) allows a non-conforming lodge to be enlarged for the purpose of constructing deed restricted employee housing units accessory to the principal use, subject to approval by the P & Z, utilizing the criteria set forth. Of paramount importance is that the new unit be deed restricted to employee rental guidelines and against commercial rental or sale for a period of 50 years as set forth in Section 24-11 .4(6)(3) . With respect to applicant's addendum dated June 12, 1981 , I have the following additional comments: 1 . The so-called illegal unit can be legitimized provided said unit meets all criteria of Ordinance No. 26 (1981 ) in the judgement of P & Z and is deed restricted as indicated above. Otherwise the illegal condition should be abated. 2. Cooking facilities (i .e. , kitchen facilities) in the new unit appear to be proper so long as the unit is utilized only as an employee unit. Section 24-3. 1 (o) • defines a lodge as "a building containing three (3) or more units, none of which contain kitchen facilities, intended for temporary occupancy of guests." The employee unit now allowed by Ordinance No. 26 (1981 ) is accessory to the lodge use and the addition of kitchen facilities to the employee unit would not conflict with the lodge definition. Planning Office Review: Background This application came to the Planning and Zoning Commission first in the form of a request to build a 400 square foot new Memo: GMP Exemption and Conditional Use Approval for a new Employee Unit for the Snow Queen Lodge, 126 Cooper Street Page Two _love -&7-r 1981 ls_c�ti., r _ )1 x'111 employee unit at the Snow Queen Lodge and to legitimize an existing 200 square foot employee unit. The P & Z approved construction of the new unit and tabled action of legitimizing the small employee unit until new legislation could be written and adopted which allows for employee units that are smaller than the minimum outlined in the GMP section of the code. The reason for this action was a reluctance on the part of P & Z to not allow the small employee unit to be legitimized, which, with the new unit netted no increase in employee housing and removed a unit which had been functioning adequately. • Rather than wait for the process of the adoption of new legisla- tion, and because—the construction of a new employee unit and enlarging the existing employee unit was not an economically realistic alternative, the revised application proposes to combine a very old existing free market room with the small employee room into a two room deed restricted employee unit of approximately 420 square feet. A new "free market" lodge rental room would be constructed of equal or less square footage than the new combined employee room. A new second floor stair- well will be added, improving the overall safety of the lodge. The proposed addition will not increase the non-conformity of the lodge. One lodge room is being subtracted from the present number of units for employee housing and Ordinance No. 26 (1981 ) allows for the expansion of rental rooms provided an equal amount of existing square footage is converted from rental rooms to deed restricted employee units. Since the existing "bandit room" cannot be legally used as such, the total square footage of the new employee room will be allowed for the new lodge rental room. Planning Office Recommendation: The Planning Office recommends conditional use approval for 7 the construction of an employee unit of 420 square feet at 7 � _ ; ,,77/ the Snow Queen Lodge (by combining an existing lodge room with / / an existing employee space of inadequate size) , and replace- ment of that same square footage in the form of a new lodge rental room. The Planning Office further recommends GMP Exemption for the newly formed employee unit with the follow- ing conditions: 1 . Deed restriction tooVemployee rental guidelines and against commercial rental or sale for a period of 50 years as set forth in Section 24-11 .4(b)(3). 2. In the event that the lodge is condominiumized, the deed restricted unit must be retained as a portion of the common elements of the lodge. 3. The deed restricted units provided at the lodge shall be limited in their rental solely to employees of that lodge and shall not be rented to other employees of the community nor rented on the open market. 4. Health, safety and fire inspection and compliance prior to approval . c < t 3rt� 0. v\d real > ' MEMORANDUM TO: Aspen Planning and Zoning FROM: Colette Penne, Planning Office RE: Snow Queen Lodge - Conditional Use and Exemption from GMP for Employee Unit DATE: September 8, 1981 Location: Snow Queen Lodge, Lot Q and East 2 of Lot P, Block 69 (124 E, Cooper Avenue) Zoning: R-MF Lot Size: 4500 sq. ft. Applicant's To construct 400 square feet of employee housing at the Request: Snow Queen Lodge and to legalize and deed restrict their previously illegal employee housing unit of 200 square feet. Referral Agency Comments: Engineering Department "In view of the already-built nature of the "proposed" improvements, the Engineering Department has little problem with potential impacts. Additionally, the northerly portion of the lot is graveled and devoted to parking and a trash dumpster. There would appear to be no point in requiring further inprovement of the inadequate parking currently on site. " City Attorney "Ordinance No. 26 (1981 ) allows a non-conforming lodge to be enlarged for the purpose of constructing deed restricted employee housing units accessory to the principal use, subject to approval by the P & Z, utilizing the criteria set forth. Of paramount importance is that the new unit be deed restricted to employee rental guidelines and against commercial rental or sale for a period of 50 years as set forth in Section 24-11 .4(b)(3) . With respect to applicant's addendum dated June 12, 1981 , I have the following additional comments: 1 . The so-called illegal unit can be legitimized provided said unit meets all criteria of Ordinance No. 26 (1981 ) in the judgement of P & Z and is deed restricted as indicated above. Otherwise the illegal condition should be abated. 2. Cooking facilities (i .e. , kitchen facilities) in the new unit appear to be proper so long as the unit is utilized only as an employee unit. Section 24-3.1 (o) defines a lodge as "a building containing three (3) or more units, none of which contain kitchen facilities, intended for temporary occupancy of guests." The employee unit now allowed by Ordinance No. 26 (1981 ) is accessory to the lodge use and the addition of kitchen facilities to the employee unit would not con- flict with the lodge definition. Planning Office The lodge is a non-conforming use and has at present approxi- Review: mately 1900 square feet. With the addition, the FAR will still be slightly under 0.5:1 . In a letter from the applicant's architect, he states that "this would not significantly .r s Memo: Snow Queen Lodge - Conditional Use and Exemption from GMP for Employee Unit Page Two September 8, 1981 increase the footprint of the building and will serve to improve the architectural integrity of the existing Victorian house. " He also committed that the parking space along the alley will be revised to be usable for five spaces, which is adequate because the lodge use is in the R-MF. Ordinance No. 26 (Series of 1981 ) repeals and re-enacts Sec. 24-13.11 of the Municipal Code to allow for a nonconforming lodge to be enlarged, extended, constructed, or structurally altered for the purpose of constructing deed restricted employee units accessory to the principal use. The existing employee unit houses the lodge manager, but is only 200 sq. ft. which is inadequate size and cannot be legalized. The unit to be constructed would be limited solely to lodge employees. There will be no increase in lodge units. Planning Office Recommendation: The Planning Office recommends approval of the addition of an employee unit of 400 square feet to the Snow Queen Lodge and recommends denial of the legalization of the existing converted employee living space. This approval will be for conditional use as well as for exemption from GMP for the employee unit with the following conditions: 1 . That building plans and renderings be submitted prior to the application proceeding to City Council . 2. The applicant submitting a deed restriction to the City Attorney for his review and approval which restricts the employee unit to low income guidelines and against commercial rental or sale. In the event the lodge is condominiumized, the deed restricted units must be retained as a portion of the common elements of the lodge. The deed restricted units provided at the lodge shall be limited in their rental solely to employees of that lodge and shall not be rented to other employees of the community nor rented on the open market. i _ V.- ._ _ _ CITY/COUNTY rutrouria otriiia 130 S. GALENA ASPEN, COLORADO 81611 t,iF:f a I 3J r, ., c'ZitrzNol.iiit ,c,..,./:_•f_ C.: 2, 1/43 w—A :Zit ,LL, Ain, kit KNOwA, Aspen Townhouse Central Partnership 803 Bonita Drive _ % Aspen, CO 81611 \ ., i ..,.. CITY/COUNTY PLANNING OFFICE 130 S. GALENA ; . , ASPEN, COLORADO 8161 1 itt tifgr:.713- f' j. . , , Garth G. Gilpin Travis J. and Joan G. Harrison 7145 Fair Oaks #37 Dallas, TX 75231 ..,... _T 71C-rgi 9 ETUIM1 ii- : ,--- ci ( :30 I. Gil 45 5A04:17N1 12/0 RE 111JRN TO SE r- I NOT DELI VE li A B 1 E: AS A ■ T 0 e -e -.:- ; si. . - n :-.) „, UNABLE TO FL V/A I T Ell ‘c,f_ ,, .1, ---- - CITY/COUNTY PLANNING OFFICE 1305. GALENA .t.tcS ,ve .. .. . DO 81611 ASPEN, COLORADO V;}.;:i . . -.' :.,4 1 H , A e, • ‘, 9 ,4 Mr. and Mr ‘.., t .even R. Stun 230 Stony R* Lane ' , , ,, „ j Apt. 2-D Baltimore, MD \vg-i?ri at 210509N1 12/05/81 RETURN TO SENDER Nat' DE4LIVERABLE AS ADORES: UNABLE TO FORWARD 1 CITY OF A_PEN ei MEMO FROM ALAN RICHMAN \P-) (2_, -19 v. (e) e•-.0 ■.1/44.-± at-Cc Aen--S ‘ o Co r1 l{1c ala 5 -1 ' Qic • ♦, I C.o . i / 1 .- k.,- ' , ., -<(.1/443/4-1--.;e--.. j ,7 .. .3 J-... ). CITY/COUNTY PLANNING Off leg ,, 130 S. GALENA , r -NL\ \ SPEN, COLORADO 81611 A.° i ANirfl !• . , A-:!"-}:“--.. - •• - \ : 70 W77C> r• .,,r L..,r1 i tt ,,N,"..• and Mrs . Steve St nda -1/?0 404 irs/43 Min F40 w T/A, u 40, lel. 2-D see 1/1/4‘ lie)... 1114% 41 iti41.4--Ss t imor erAllb 4-upa'(//,.. 21 ,rer.,, in ;Nibs, --ZpAeip.„., cri,-74 BTU 3D 211111961;9. 0Si ia/0..._ 4. 4.?4, --(.77L 11/4', RETOr41.2114,,SEAticiR _ NOT DE LI V ERA BL.6,t'iSS'A DDbt 69 ED UNABLE TOb'hiirittlARD CITY/COUNTY PLANNiNG OFt-IL,E ' „1'1:ric i_. i ci :: : 3 130 S. GALENA , 5);,/n ASPEN, COLORADO 81611 Garth G. Gilpin Travis J . and Joan G. Harrison 7145 Fair Oaks #37 Dallas , Texas 75231 GIL 45 5A13/ 00, ........ - '5A1376141 10 SEN1 %.,:::Si , HAR •Lcza ' REJORN P UM -------r3;',I1 . AB TO _ _ k. ri cl'I ..r. 14 DT L IELIkt.11.-t:AZBJ...-:. Bi--, - , - - -- - -_ CITY/COUNTY PLANNING ort,Icit 130 S. GALENA ASPEN, COLORADO 81611 t PUIV11 tf' / .1! 1. 4• t . ^ :-Z 7 7. ° • / 1,/vota . VVN Aspen Townhouse Central Partnership S 803 Bonita Drive Aspen, CO 81611 ._ _. _ . , CITY/COUNTY PLANNING OfnICE 130 S. GALENA ASPEN, COLORADO 81611 ° ri ap `i a (r' r. C, ICI - � 6i•�°u ue w�.3 ! \ t i Mr. Leonard J. Koval Mrs. Barbara W. Koval tQ+��d1 920 Forest Glen West 4Q5 Winnetka V S byr CITY/COUNTY F 'tNtNG OPr t"f 180 S. GALENA ASPEN, COLORADO 81611 ^ ;11'61 k� r r1 Mr tuart Williams Field Point Road L`'" 4'" Fairfield , Connecticut Jtt iS NOW N (AIS CITY/COUNTY PLANNING orrttit 130 S. GALENA g ASPEN, COLORADO 81611 • afro • 9• i.• nsb$ r St . Lofts Condominium Assn. a�ro 44 lb: . Cooper St . :Aspen, Colorado 81611 NO MAIL Rilf2TACL CITY/COUNTY PLANNING °Pries 130 S. GALENA - ASPEN, COLORADO 81611 '4' 4 •4:7 t-441( c' t '44)— • 41 1•4.4444' • • Ark.,3•144 —I: n 44pc.if , - -, / -; ' On/FIFF,-- ,4eu Adt ins,• • to.,) Mr. Stuart Williams e 18 Field Point Road as not let r MI) Fairfield, Connecticut CITY/COUNTY PLANNING OFFICE 130 S. GALENA ASPEN, COLORADO 81611 9.)ska. 9`r1-1 iLtik :1:3: 0, s 1, 44 4- kr * Cooper Street Lofts Condominium Assoc. 44 fro ., , *4 s- o 8 E. Cooper Street 4., tk, en, CO 816 1 ci% P 0 " "r"EPTAC E otrUL _ to 1, CITY/COUNTY PLANNING 91:flet 130 S. GALENA kSPEN, COLORADU 81611 I ;Ale /1,9 011 H;41k IN I II: y \ NE I URN N:ironEle. 0E I I VIET•sARI 1-: AS ( I)I)PE:¶ .E:1) \C-S_-;(51-VC"' I JNAKI III Er Mr . and Mrs . James Carder C/\_\-) •/ 5769 Snowberry Lane Littleton, CO . 80123