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DECLARATION OF COVENANTS, RESTRICTIONS ANB+CONNITIONS
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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
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MEMO FROM STEVE BURSTEIN
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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.
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C. Welton Anderson & Associates Architects
October 30 , 1981 MEMORANDUM
I V177
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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
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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
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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.
Thank you.
•
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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
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Aspen Townhouse Central Partnership
803 Bonita Drive
_ % Aspen, CO 81611
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CITY/COUNTY PLANNING OFFICE
130 S. GALENA
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ASPEN, COLORADO 8161 1 itt
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Garth G. Gilpin
Travis J. and Joan G. Harrison
7145 Fair Oaks #37
Dallas, TX 75231
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1305. GALENA .t.tcS ,ve
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ASPEN, COLORADO V;}.;:i . . -.' :.,4
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Mr. and Mr ‘.., t .even R. Stun
230 Stony R* Lane ' , ,
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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
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130 S. GALENA ,
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ASPEN, COLORADO 81611
Garth G. Gilpin
Travis J . and Joan G. Harrison
7145 Fair Oaks #37
Dallas , Texas 75231
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Aspen, CO 81611
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CITY/COUNTY PLANNING OfnICE
130 S. GALENA
ASPEN, COLORADO 81611 °
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Mr. Leonard J. Koval
Mrs. Barbara W. Koval
tQ+��d1 920 Forest Glen West
4Q5 Winnetka
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CITY/COUNTY F 'tNtNG OPr t"f
180 S. GALENA
ASPEN, COLORADO 81611
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Mr tuart Williams
Field Point Road L`'" 4'"
Fairfield , Connecticut Jtt
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CITY/COUNTY PLANNING orrttit
130 S. GALENA g
ASPEN, COLORADO 81611
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:Aspen, Colorado 81611
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CITY/COUNTY PLANNING °Pries
130 S. GALENA -
ASPEN, COLORADO 81611
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CITY/COUNTY PLANNING OFFICE
130 S. GALENA
ASPEN, COLORADO 81611
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kSPEN, COLORADU 81611
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Mr . and Mrs . James Carder
C/\_\-) •/ 5769 Snowberry Lane
Littleton, CO . 80123