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HomeMy WebLinkAboutcoa.lu.co.435 W Main St.A073-99■ VAUBERGE WASPEN 435 W. MAIN 2735-124-50053 CONDO EXEMP sc-A-,Jot��t N 6 1''-- 1 ON COMMUNITY DEVELOPMENT DEPARTMENT 130 South Galena Street Aspen, Colorado 81611 (970) 920-5090 City of Aspen Land Use: 1041 Deposit 1042 Flat Fee 1043 H PC 1046 Zoning and Sign Referral Fees: 1163 City Engineer is 1205 Environmental Health 1190 Housing Building Fees: 1071 Board of Appeals 1072 Building Permit 1073 Electrical Permit 1074 Energy Code Review 1075 Mechanical Permit 1076 Plan Check 1077 Plumbing Permit 1078 Reinspection Other Fees: 1006 Copy 1302 GIS Maps 1481 Housing Cash in Lieu 1383 Open Space Cash in Lieu 1383 Park Dedication 1468 Parking Cash in Lieu Performance Deposit 1268 Public Right-of-way 1 164 School District Land Ded. TOTAL ( � . I Lt NAME: _: 4 .�z. — ; �.^• ADDRESS/PROJECT: ~• PHONE: CHECK# z� CASE/ PERMIT#:%� r( # OF COPIES: DATE: 1 INITIAL: CASE NUMBER A073-99 PARCEL ID # 2735-124-50053 &2735-124-500054 CASE NAME L' Auberge D'Aspen PROJECT ADDRESS 435 W. Main St. Lots 1 &2 Perkins Subdivision PLANNER Chris Bendon CASE TYPE Subdivision Exemption for Condominiumizatio OWNER/APPLICANT L'Auberge C/O Tracy Haisfield REPRESENTATIVE Kaufman & Peterson DATE OF FINAL ACTION CITY COUNCIL ACTION PZ ACTION ADMIN ACTION Approved BOA ACTION DATE CLOSED 12/19/00 BY J. Lindt PARCEL11312735-124-50053 &271 ATE RCV 8/24/99 CAS' A073• CASE NAME: L' Auberge D'Aspen PLM Chris Bendon u2" ""viiu��rrrrn:.. `�ceurir,e "— PROJ ADDR: 435 W. Main St. Lots 1 &2 Perkins S CASE TYP: Subdivision Exemption for Condomin P lamp OWN/APP: L'Auberge C/O Tracy ADR 435 W. Main St. C/SIZ:- Aspen/CO/81611 HN 925-8279 REP: Kaufman & Peterson ADR: 315 E. Hyman Ave., st C/S24 Aspen/ CO/81611 HN 925-8166 FEES DUE:. 255.00 FF 160.00 E j�,; FEES RCVD: 415.00 STA MTG DATE , REV BODY CLOSE PLAT DATE OF FINAL AC CITY COUNCIL; PZ: a BOA: ADM To: From: Date: Re: C7 MEMORANDUM Chris Bendon, Planner Chuck Roth, Project Engineer C`V September 30, 1999 L'Auberge d'Aspen Lodge Condominium Plat General — (1) These comments are based on the fact that we believe that the submitted site plan is accurate, that it shows all site features, and that it is feasible. The wording must be carried forward exactly as written unless prior consent is received from the Engineering Department. This is to halt complaints related to approvals tied to "issuance of building permit." (2) If there are any encroachments into the public right-of-way, the encroachment must either be removed or be subject to current encroachment license requirements. 1. Draft Plat Comments a. Label driveways. ✓ b. Delineate parking spaces in accordance with approved GMQS plan. c. Provide a note beneath the title that the plat amends the Perkins Subdivision Plat at Book _,Page_. d. Indicate zone district. V w 1(eto,4 �1 .� e. Underneath the title state "A Common Interest Community." &A;A f. Show trees that are subject to City tree removal permit requirements. ,i g. Add statement by surveyor that survey closes within 1:10,000 h. Label area to nearest 0.001 acre. 2. City Water Department — The plat cannot be approved by the City until separate water services and meters are installed for each unit or until an agreement for common water services, as tMM6��� V-0 4 7 AWP*&1 • regards billing and shut -offs, etc., has been approved and signed by the Water Department and the owner. 3. Aspen Consolidated Sanitation District — Two District manholes were paved over and need to be cleaned. One is in the alley; the other is on the property. The applicant needs to convey ownership information to the District and to meet with the District representative to determine if agreements similar to the Water Department's are necessary. DRC Attendees Staff: Karma Borgquist, Tom Bracewell, Ed Van Walraven, Chuck Roth 99M 145 2 BROOKE A. PETERSON LAW OFFICES OF GIDEON I. KAUFMAN* HAL S. DISHLER** KAUFMAN & PETERSON P.C. TELEPHONE � (970) 925-8166 OF COUNSEL: ERIN FERNANDEZ ELY*** 315 EAST HYMAN AVENUE, SUITE 305 FACSIMILE ASPEN, COLORADO 81611 (970) 925.1090 ' ALSO ADMITTED IN MARYLAND '• ALSO ADMITTED IN TEXAS ) 1 '•' ALSO ADMITTED IN FLORIDA August 2 4 , 1999 Mr. Chris Bendon Aspen/Pitkin Community Development HAND -DELIVERED 130 E. Galena St. Aspen, Co. 81611 Re: L'Auberge D'Aspen/ Subdivision Exemption for Condominiumization Dear Chris: Please accept this letter as a request for subdivision exemption for the purpose of platting the L'Auberge property to permit separate ownership of the cabins and the house, as such development was approved in City of Aspen, Resolution No. 35 (Series of 1995) and Resolution No. 95-41. Pursuant to Land Use Code Sections 26.88.070 and 26.52, the standards for review have been met. Enclosed are the following, in duplicate, as required: 1. Pre -Application Conference Summary; 2. A check for $415 payable to the City of Aspen; 3. Proof of ownership as evidenced by Pitkin County Title Commitment; 4. Applicant information authorizing Kaufman & Peterson to submit this application as their representative; 5. An 8 %1' by 11" vicinity map locating the parcel within the City of Aspen; 6. An existing plat of Perkins Subdivision; 7. Prior approvals -Resolution No. 95-35 and 95-41; and 8. A proposed plat from a registered land surveyor. Please call me if you have any questions and let me know your comments. Thank you. Sincerely, KAUFMAN & PETERSON, P.C. A Professional Corporation By l 5 Erin Fernandez E EFE/ds Enclosures • r' a�� ��i � ��Q-Q� AUG--03-1999 14:20 FROfL RSPEWP J TK I N COM 'DEV TO 0 9927e374 P.01 PLANNER: PROJECT. REPRESENTATIVE: OWNER: TYPE OF APPLICATION: DESCRIPT1iON: CITY OF ASPEN PRE -APPLICATION CONFERENCE SUMMARY Chris Bendon, 920.5072 DA-ff , 6,21.99 L'Auberge Gideaon Kaufrrran Tracy Haisfield Subdivision exemption for Condominiumization Condo'ing of existing lodge project. j f Land Use Code Section(s) 26.88.070 Condominiumization 26.62 Development Review Procedures 26.52.030 Application and Fees Review by: Staff for complete application, referral agencies for technical consider tions, Community Development Director for final approval. Public Hearings: No. Referral Agencies: Engineering, Planning Fees: Planning Flat Fee $255 Referral Agency Fees: Engineering $160 Total Deposit: $415 � I I To apply, Oubmit the following information: j l . Total deposit for review of the application. 2. Proof of ownership. i 3. Applicant's name, address and telephone number in a letter signed b� the applicant, w}�ich also states the name, address and telephone number of the representative. Include street address and legal d scription of the property. 4, Surnmary letter explaining the request (existing conditions and proposed uses) and addessing the Standards of the Land Use Code sections listed above. 5. An 8 1/2" by 11" vicinity map locating the parcel within the City of Aspen. 6. Old (existing) plat if one exists. (from City Engineering or County Recorder) 7. Proposed plat from a registered land surveyor. Call City Engineer for plat requirem nts. 920'.*0 8. Copies of prior approvals (from City Clerk) i 9. 2 Copies of the complete application packet (items 2-8) ; Process: iL i Apply. Planner reviews case for completeness and sends to Engineering and referral agencies. K-3 weeks litter planner will contact applicant with the suggestions from Engineering for preparation of the Final Plat. 1,17he applicant's surveyor makes those changes and brings in 2 reproducible mylar copies to the planner. Planner reviews plat for consistency with Engineering' suggestions and the Director approves, approves with conditions, or denies applicaltion based on consistency with the review criteria and technical considerations. Plat is then be signed by City Engineer. pplicant then can record the final plat at the County Clerk and Recorder (fee). i TOTAL F.01 FNT COMMITMENT FOR TITLE INSURANCE SCHEDULE A 1. Effective Date: 07/01/99 at 08:30 A.M. 2. Policy or Policies to be issued: (a) ALTA Owner's Policy -Form 1992 Proposed Insured: PROFORMA (b) ALTA Loan Policy -Form 1992 Proposed Insured: Case No. PCT-6747P Amount$ TBD Premium$ Rate:STANDARD Amount$ Premium$ Rate: Tax Certificate: $10.00 3. Title to the FEE SIMPLE estate or interest in the land described or referred to in this Commitment is at the effective date hereof vested in: THE ALH HOLDING COMPANY-GUNNISON, A COLORADO CORPORATION 4. The land referred to in this Commitment is situated in the County of PITKIN State of COLORADO and is described as follows: LOTS 1 AND 2, PERKINS SUBDIVISION, CONSISTING OF LOTS A, B, C, D, E, F, G, H AND I, BLOCK 38, CITY AND TOWNSITE OF ASPEN, AS SHOWN ON THE PLAT THEREOF RECORDED IN PLAT BOOK 10 AT PAGE 25. PITKIN COUNTY TITLE, INC. 601 E. HOPKINS ASPEN, CO. 81611 970-925-1766 970-925-6527 FAX AUTHORIZED AGENT Schedule A-PG.1 This Commitment is invalid unless the Insuring Provisions and Schedules A and B are attached. FNT SCHEDULE B - SECTION 1 REQUIREMENTS The following are the requirements to be complied with: ITEM (a) Payment to or for the account of the grantors or mortgagors of the full consideration for the estate or interest to be insured. ITEM (b) Proper instrument(s) creating the estate or interest to be insured must be executed and duly filed for record to -wit: THIS COMMITMENT IS FURNISHED FOR INFORMATIONAL PURPOSES ONLY, IT IS NOT A CONTRACT TO ISSUE TITLE INSURANCE AND SHALL NOT BE CONSTRUED AS SUCH. IN THE EVENT A PROPOSED INSURED IS NAMED THE COMPANY HEREBY RESERVES THE RIGHT TO MAKE ADDITIONAL REQUIREMENTS AND/OR EXCEPTIONS AS DEEMED NECESSARY. THE RECIPIENT OF THIS INFORMATIONAL REPORT HEREBY AGREES THAT THE COMPANY HAS ISSUED THIS REPORT BY THEIR REQUEST AND ALTHOUGH WE BELIEVE ALL INFORMATION CONTAINED HEREIN IS ACCURATE AND CORRECT, THE COMPANY SHALL NOT BE CHARGED WITH ANY FINANCIAL LIABILITY SHOULD THAT PROVE TO BE INCORRECT AND THE COMPANY IS NOT OBLIGATED TO ISSUE ANY POLICIES OF TITLE INSURANCE. FNT SCHEDULE B SECTION 2 EXCEPTIONS The policy or policies to be issued will contain exceptions to the following unless the same are disposed of to the satisfaction of the Company: 1. Rights or claims of parties in possession not shown by the public records. 2. Easements, or claims of easements, not shown by the public records. 3. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, any facts which a correct survey and inspection of the premises would disclose and which are not shown by the public records. 4. Any lien, or right to a lien, for services, labor, or material heretofore or hereafter furnished, imposed by law and not shown by the public records. 5. Defects, liens, encumbrances, adverse claims or other matters, if any, created, first appearing in the public records or attaching subsequent to the effective date hereof but prior to the date the proposed insured acquires of record for value the estate or interest or mortgage thereon covered by this Commitment. 6. Taxes due and payable; and any tax, special assessment, charge or lien imposed for water or sewer service or for any other special taxing district. 7. Reservations and exceptions as set forth in the Deed from the City of Aspen of record, providing as follows: "That no title shall be hereby acquired to any mine of gold, silver, cinnabar or copper or to any valid mining claim or possession held under existing laws". 8. Easements, rights of way and all matters as disclosed on Plat of subject property recorded in Plat Book 10 at Page 25. 9. Terms, conditions, obligations and provisions of Statement of Exemtion from the Definition of Subdivision for Perkins Subdivision as set forth in instrument recorded July 11, 1980 in Book 391 at Page 574. 10. Terms, conditions, obligations and provisions of Subdivision Agreement as set forth in instrument recorded August 14, 1980 in Book 393 at Page 49. 11. Terms, conditions, obligations and provisions of Restriction and Covenants as contained in Deed recorded September 2, 1980 in Book 394 at Page 101 and re -recorded in Book 394 at Page 190. 12. Any loss or damage of the result of re-sudividing of Lot 2, Perkins Subdivision. 13. Terms, conditions, provisions and obligations as set forth in Agreement Creating Protective Covenants recorded April 24, 1995 in Book 779 at Page 236. 14. Terms, conditions, provisions, obligations and all matters as set forth in ordinance No. 29, Series of 1995 by City Council recorded July 24, 1995 in Book 788 at Page 43. (Continued) • FNT • 15. Terms, conditions, provisions, obligations and all matters as set forth in Resolution of the Board of County Commissioners recorded June 10, 1996 as Reception No. 393526 as Resolution No. 95-50. 16. Terms, conditions, provisions and obligations as set forth in Revokeable Encroachment Agreement recorded August 16, 1996 as Reception No. 396080. 17. Terms, conditions, provisions and obligations as set forth in Occupancy Deed Restriction recorded August 27, 1997 as Reception No. 407728. 18. Deed of Trust from : ALH Holding Company -Gunnison, a Colorado Corporation To the Public Trustee of the County of Pitkin For the use of Swiss Chalet/Kitzbuhel Partnership, a Colorado General Partnership To secure $90,000.00 Dated October 16, 1992 Recorded October 28, 1992 in Book 692 at Page 838 Reception No. 350180 The beneficial interest of the above Deed of Trust was assigned to Pitkin County Bank & Trust Company by instrument recorded October 28, 1992 in Book 692 at Page 861. 19. Deed of Trust from : ALH Holding Company -Gunnison, A Colorado Corporation To the Public Trustee of the County of Pitkin For the use of Swiss Chalet/Kitzbuhel Partnership, a Colorado General Partnership To secure $825,000.00 Dated October 16, 1992 Recorded October 28, 1992 in Book 692 at Page 840 Reception No. 350181 Assignment of Rents and Leases given in connection with the above Deed of Trust recorded October 28, 1992 in Book 692 at Page 845. The beneficial interest of the above Deed of Trust was assigned to Pitkin County Bank & Trust Co. by instrument recorded October 28, 1992 in Book 692 at Page 861. 20. Deed of Trust from : ALH Holding Company-Gunnision, a Colorado Corporation To the Public Trustee of the County of Pitkin For the use of Swiss Chalet/Kitzbuhel Partnership, a Colorado General Partnership To secure $160,000.00 Dated October 16, 1992 Recorded October 28, 1992 in Book 692 at Page 832 Reception No. 350179 (Continued) FNT , Modification Agreement changing various terms of the Deed of Trust above was recorded October 28, 1992 in Book 692 at Page 824. The beneficial interest of the above Deed of Trust was assigned to Pitkin County Bank & Trust Company by instrument recorded October 28, 1992 in Book 692 at Page 861. FNT , ADDITIONAL INFORMATION AND DISCLOSURES The Owner's Policy to be issued, if any shall contain the following items in addition to the ones set forth above: (1) The Deed of Trust, if any, required under Schedule B-Section 1. (2) Water rights, claims or title to water. (NOTE: THIS EXCEPTION WILL APPEAR ON THE OWNER'S AND MORTGAGE POLICY TO BE ISSUED HEREUNDER) Pursuant to Insurance Regulation 89-2; NOTE: Each title entity shall notify in writing every prospective insured in an owner's title insurance policy for a single family residence (including a condominim or townhouse unit) (i) of that title entity's general requirements for the deletion of an exception or exclusion to coverage relating to unfiled mechanics or materialmens liens, except when said coverage or insurance is extended to the insured under the terms of the policy. A satisfactory affidavit and agreement indemnifying the Company against unfiled mechanics' and/or Materialmen's Liens executed by the persons indicated in the attached copy of said affidavit must be furnished to the Company. Upon receipt of these items and any others requirements to be specified by the Company upon request, Pre-printed Item Number 4 may be deleted from the Owner's policy when issued. Please contact the Company for further information. Notwithstanding the foregoing, nothing contained in this Paragraph shall be deemed to impose any requirement upon any title insurer to provide mechanics or materialmens lien coverage. NOTE: If the Company conducts the owners or loan closing under circumstances where it is responsible for the recording or filing of legal documents from said transaction, the Company will be deemed to have provided "Gap Coverage". Pursuant to Senate Bill 91-14 (CRS 10-11-122); (a) The Subject Real Property may be located in a Special Taxing District; (b) A Certificate of Taxes Due listing each taxing jurisdiction may be obtained form the County treasurer of the County Treasurer's Authorized Agent; (c) Information regarding Special Districts and the boundaries of such districts may be obtained from the Board of County Commissioners, the County Clerk and Recorder, or the County Assessor. NOTE: A tax Certificate will be ordered from the County Treasurer by the Company and the costs thereof charged to the proposed insured unless written instruction to the contrary are received by the company prior to the issuance of the Title Policy anticipated by this Commitment. This commitment is invalid unless Schedule B-Section 2 the Insuring Provisions and Schedules Commitment No. PCT-6747P A and 2 are attached. • • ALH Holding Company -Gunnison, Inc. c/o Tracy Haisfield 435 E. Main Street Aspen, Colorado 81611 (970) 925-8269 August 4, 1999 City of Aspen 130 S. Galena Aspen, Colorado 81611 Re: L'Auberge, 435 W. Main Street, Aspen, Colorado/ Lots 1 and 2 Perkins Subdivision, originally known as Lots A -I, Block 38, Townsite of Aspen, Pitkin County, Colorado Please accept this letter as authority to Kaufman and Peterson, P.C. to act as my representative and to submit any and all applications with respect to the above described property. Very truly yours, ALH Holding Company -Gunnison, Inc. By: loin L) Tracy isfield Aug 04 99 03:14p rl 133 To \,\Redstone ►' �P� Vlrw f7r ww I J�ycn `f l sunny Cl ) �— 'EAGLE EYE XUPS �G MRPILEY 1 a ri -1 OL 970-925-3816 La2 To�, Aspen Nct all streets cr roads are named on maps. Construction of streets and roads may be In progress in certaln areas. Raw 89 aT�► a,ttn Aspen ;. Aug. 3. 19991 4 37FM11 'NI 69n4 r ;!ii RESOLUTION NO. (series of 1995) A RESOLVTIOX OF TKE CITY COUNCIL OF TEE CITY Op ASPEN, COLORADO,. GRANTING 1994 GNQB LODGE DEVELOPMENT ALLOTNEN1'S AND 1995 GXQ8 LODGE DEVELOFNENT A.LLCTMENTS WHEREAS, Article 8 of Chapter 24 of the Aspen Municipal Coda sets forth a growth zanagement quota systen governing new development within the City of Aspen; and WHEREAS, pursuant to Section 24-8-104.A of the Aspen Municipal Code., eleven (11) lodge units are available for development allotments within the metro area on an annual basis; and WHEREAS, only the rL'Auberge Lodge submitted an application requesting eleven lodge units from the 1994 allocation and one unit from the 1995 allocation; and MEEREAS, the application Was reviewed by the Community Development Department and forwarded to the Growth Management Commission (the Commission) ; and WHEREAS, the Comnission, at a duly noticed. public hearing on April 18, 1995, did evaluate the proposal and found that the development proposal for the L'Auberge Lodge, as amended, has exceeded the minimum thresholds established by Section 24-8-108 of the Aspen Municipal Code; and WEEREAB, the Board of County Commissioners did accept the Commission's score at their public meeting May 23, 1995; and WHEREAS, the Growth Management Commission recommends to the City Council the allocation of eleven 1994 lodge units and one 1995 future allocation as amended and approved at the April 18, 1995, public hearing; and �, WHEREAS, no challenges to the Growth management Commissions Aug. 1 1999' 4:36PM' 69N 'F, 2/6 scoring have been submitted as allowed Under Section 24-8-106.D. �-� of the Aspen Municipal Code. Nor, TSRaEFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO THAT: section 1�_ In accordance with section 24-8-1.06 of the Aspen Municipal Code, the Aspen City Council does hereby grant to the L'Auberge Lodge development proposal an allotment of eleven lodge units from the 1994 growth management quota and one future allotment from the 1995 growth management quota. Isetion 3' In accordance with Section 24-8-110 of the Aspen Municipal Code, the development allotments as awarded herein shall expire on the day after the third anniversary of the date of approval of a site `--- specific development plan for the project as identified herein, unless a building permit is obtained and the project is developed, or unless an exemption from or an extension to the approval is obtained. Data: John besmett, mayor I, Kathryn S. Koch, duly appointed and acting City Clerk do certify that the foregoing is a true and accurate copy of that resolution adopted by the City Counci_I of the City of Asper., Colorado at a Rath zya a. xvah, city Clerk \� M1 riu J�MJ, 4 �'. , yr ".I," N0' Y •�. jk RZgOLUTi[cN or Tea ASPIM PLAlil NO AW 9=10 C09=158=oa APPUVM CMITIOML 1983 FOR i LOOSE IN T= osszcs sm axeTUCT FM L' AUBJMGZ LODGE LOQUIM &Z 455 W. KAIM HTRs3T (LOT/ A-1, SLO= 32) CITY MW TOW91TS Or ]►81=0 OOLORWO Resolution No. 95-4� IP11EA UO the applicants proposed a code ameruhaent to allow a lodge in the offics zone district in order to legitiMiZe the Current use of the lodge arA to allow an expansion of the lodge; and WKEREAB, the Commission approved the proposed code amendment at a public hearing on April 16, 1995, but tabled the associated conditional use review to May 9, 1995, in order to allow staff and the applicant to continue work on the conditional use application; and WSERZU, the lodge proposal was reviewea by the Engineering Department, Aspen Consolidated Sanitation District, the Aspen Fire Marshal$ Parks Department, and the Environmental Health Department, and referral comments were sent to the Planning office; and V=EAi, Planning staff reviewed the request and referral comments and recommended approval for a conditional use for the proposed lodge, with conditions, pursuant to section 24-7•304; and WREARAE, on May 9, 1995, the Planning and Zorinq Commission continued the public hearing, reviewed the proposal and staff -� recommendations, and voted unanimously to approve the request with conditions; and WEME".. in addition to the conditional use approval, the Commission voted unanimously to recommend to City Council the addition of a parking requirement for lodges in the office zone district as stated in staff's May 9, 1995 memorandum and amended on the same date. HOW, TMBREFORZ BE IT RESOLVIlD by the commission that it does hereby approve a conditional use for the L'Auberge Lodge with the following conditions: 1. Prior to the lodge GM,i ,S allocation by the city Council, the applicant shall submit a reirised service utility plan that has been reviewed and approved by the ACSD, and the water, electric, and engineering departments. 2. An costs for new public services that must be installed or upgraded "all be borne by 12m applicant on a partial or full basin depending upar the apeGiliG aaenay'e reauire&enee. 3. Prior to the issuance of any building permits, the applicant shall file restrictions against future installation of firaplaees and woodstoves with the Envirormantal Health Department. A 4g, .i, i -r rVc• 69 3. 1999' 4 �9Fr/1� imer c�i r ,� a ', 4. Prior to the issuance of any building permits, the applicant shall submit a fugitive dust control plan, to be reviewed and approved by the Environmental Health Department. 5. Prior to the issuance of any building permits the applicant shall submit a revised site plan that includes: a. all transformer and utility easements; b. a detailed drawing of the area for all servicejtrash and recycling areas; c. proposed and city specified sidewalks on 3rd and 4th streets between Main street and the alley; d. a revised parking plan to be reviewed and approved by the engineering and planning staff; e. elimination of the curb cut adjacent to the manager's residence. 6. Prior to the issuance of any building permits the applicant shall submit a detailed landscape plan approved by the Parks Department. 7. Prior to the issuance of any building permits: a. tree removal permits and a mitigation plan for removing or relocating any trees 6" in caliper or greater shall be required from the Parks Department and any trees proposed to be saved shall be protected during construction, including no digging or over digging within the drip line; b. the applicant shall enter into an agreement with the Engineering Department to construct curb and gutter in the future; C. the applicant shall pay all applicable water and sewer tap fees; and d. the applicant shall file the appropriate deed restrictions with the Housing office for the deed restricted dwelling unit if required by Council. S. Any irrigation system that is installed shall be incompliance With the Water Conservation Code. 9. As required in section 24-7-1004 c.4.f, the applicant shall maintain the historic runoff patterns that are found on the site and shall correct any runoff or erosion problems that 1 yr Martir N0. 69�'4 rP. currently exist on the site. io. The applicant shall agree to join any future improvements districts which may be formed for the purpose of constructing improvements in the public right-of-way. l% All lighting fixtures will face downward and be shielded to eliminate the potential for glare or nuisance to neighboring properties. Lighting along the valkvays will be low to the ground (approximately 31 in height) and shielded. 12. All work in the alley and public right-of-way shall require a permit from the Strests.Department. 13, During construction, noise cannot exceed maximum permissible sound level standards, and construction cannot be done except between the hogs of 7 am. and 10 p.m. 14. Early warning devices and fire extinguishers shall bay provided in all cabins and the manager's residence. 1-5. If the applicants intend to use the ditch for irrigation, a utilization plan must be reviewed by the Parks and Water Departments which may include a raw water agreement. The agreement must be signed prior to the issuance of any building permits. 15. Prior to the issuance of any building permits the applicant shall apply for an encroachment license. 17. Viis conditional use approval is conditioned upon successful completion of the variance request process or PUD review, Council approval of this text amendment, and Council allocation of the lodge allotments. 18. The applicant acknowledges Municipal code sidewalk maintenance requirements for all sidewalks abutting the applicant's property. These property owner obligations include timely snow removal as provided for in Section 19, Article VITT, and sweeping and maintenance against hazardous conditions as provided for in section 19, Article IV. 19, All material representations made by the applicant in the application and during public Meetings with the Planninq and Zoning Commission and joint GMQS Commission meeting shall be adhered to and considered conditions of approval., unless otherwise amended by other conditions. 20. my substantial change in the use of this conditional use as a lodge shall require an amendment to the conditional use review and other applicable requirements of the code. Aag. 3. 19993 4:40PMl OF kSHEN "No. 6904 "P. 6/6 APPROVED by the C=MjSsicn at their regular meeting an May 9, 1999. ,\i ATTNST a Jan C ey, Deputy City Clerk i ABPRV PLANNING AND MWING CCANKGSIOV Bruce Kerr, Chairman 1'-20' 0 20 40 LEGEND 0 FOUND SURVEY MONUMENT AS DESCRIBED ® MANHOLE STREET LIGHT ❑ UTILITY BOX • SURVEY CONTROL CITY MONUMENT ® GAS ELECTRIC UNIT BOUNDARY THESE BOUNDARIES ARE AT RIGHT ANGLES fO THE EXTERNAL PROPERTY LINES DITCH GRATES ROOF ENCROACHMENT AOREEMENT RECEPTION NO. A 7- HOUSE r / CAB I N +, UNIT A , UNIT I 25 / CABIN 1 3 0 ? , 221 T % Y •2 • e• ro & � 3 9.8 d • (2� o ` / CAB I N UNIT U h n 24 CABIN • 2p • RESERPEp 2594❑7 N Sp� • VICINITY MAP NITS • UNIT • COtltlDN ARE^ • 2 I / r L • I � • I• / CABIN / • UNIT 20 � � ^ `. • a / • o • / CAB I N / el 14.3 / UNIT • , + r s II CABIN , UNIT • 's Iq r PAVEMENT FINAL PLAT L'AUBERGE D'ASPEN s TR R.pEET W. /DO,pO. S 09 , E \ CONC WALK C(/ ?6g B! \ Rg AND .� SASlS OF GUTTER + a RGCK IVAQ BEAR,NGS DITCH ORATE n CABIN • N UNIT % 26 ry CDMMDN AREA— • , 3 • r+ e• CABIN \, n CB I N A • / � I +.3 i H 29 4) • • • COON AREA , o ^ / tlCABIN e/ UNIT s 13 N • o ^ CABIN • SUN IT N, ?. r • • 14 J e `S 5^ .41 Vie , 09 ! 1 E 269 8 8 0w ?!OtCx 38 • COMMON AREA SPA �`• C7 MECH. • r o/ CABIN , ��� COMMON AREA 'A i/ UNIT s 15 / • CABIN / r UNIT • 1 ,, • �;:.I • s 16 / • CABIN o, s UNIT ,� • 17 / CABIN UNIT 19 / S • 2 0 O n r+ ? o / • s CABIN w / U18T v IP a 0 • ROOF ENCROACHMENT AGREEMENT RECEPTION NO. J rw; C) U ^M I. CERTIFICATION OF OWNERSHIP ALH HOLDING COMPANY-GUNNISON INC., A COLORADO CORPORATION HEREBY CONFIRMS AND ACKNOWLEDGES THAT IT IS THE SOLE OWNER OF THE PROPERTY DESCRIBED HEREIN. ALH HOLDING COMPANY-GUNNISON, INC. BY: AUDREY LEE HAISFIELD, PRESIDENT STATE OF 1 SS. COUNTY OF I THIS PLAT HAS BEEN DULY ACKNOWLEDGED BEFORE ME THIS DAY OF , 1999 BY AUDREY LEE HAISFIELD AS PRESIDENT OF ALH HOLDING COMPANY-GUNNISON, INC. WITNESS MY HAND AND OFFICIAL SEAL. MY COMMISSION EXPIRES: NOTARY PUBLIC 2. LENDER'S CERTIFICATE THE UNDERSIGNED FOR THEMSELVES THEIR SUCCESSORS, AND ASSIGNS AS BENEFICIARY (OR ASSIGNEE) OF THE DEEDS OF TRUST OR ASSIGNMENTS, RECORDED IN BOOK 692 AT PAGES 832, 834 840 AND 861 HEREBY CONSENTS TO THE RECORDING OF THE FINAL PLAT OF L'AU kRGE D'ASPEN AND AGREES THAT NO FORECLOSURE OR THE ENFORCEMENT OF ANY REMEDY PURSUANT TO THAT DEED OF TRUST SHALL IMPAIR INVALIDATE, SUPERSEDE, OR OTHERWISE AFFECT THE COVENANTS, RESTRICTIONS, AND EASEMENTS ESTABLISHED HEREIN. VECTRA BANK FORMERLY PITKIN SWISS CHALET/KITZBUHEL COUNTY BANK AND TRUST PARTNERSHIP BY: BY STATE OF COLORADO) ) SS. COUNTY OF PITKIN ) THE FOREGOING WAS ACKNOWLEDGED THIS _DAY OF 1999 BY AS OF VECTRA BANK WITNESS MY OFFICIAL SEAL MY COMMISSION EXPIRES: NOTARY PUBLIC STATE OF COLORADO) 1 SS. COUNTY OF PITKIN ) THE FOREGOING WAS ACKNOWLEDGED THIS SAY OF 1999 BY AS OF SWISS CHALET/ KITZBUHEL. WITNESS MY OFFICIAL SEAL MY COMMISSION EXPIRES: NOTARY PUBLIC 3. TITLE EXAMINER'S CERTIFICATE I VINCENT J. HIGENS AS PRESIDENT OF PITKIN COUNTY TITLE INC. DO H�REBY CERTIFY THAT I HAVE CAUSED AN EXAMINATION TO BE MA6E OF THE PROPERTY AND BASED ON THAT EXAMINATION ALH HOLDING COMPANY- UNNISON INC. IS THE OWNER IN FEE SIMPLE OF THE PROPERTY FREE AND CLEAR OF ALL LIENS AND ENCUMBRANCES EXCEPT AS SHOWN AND DESCRIBED ON THIS PLAT AND IN TITLE COMMITMENT NO. PCT 6747P WHICH WOULD ADVERSELY AFFECT THE INTENDED USE OF THE PROPERTY f0 WHICH DEDICATIONS ARE MADE TO THE PUBLIC. DATED THE DAY OF 1999. VINCENT J. HIGENS • STATE OF COLORADO ) &TY OF PITKIN ) SS. • THE FOREGOING TITLE EXAMINER'S CERTIFICATE HAS BEEN DULY ACKNOWLEDGED BEFORE ME THIS DAY OF 1999 BY VINCENT J. HIGENS AS PRESIDENT OF PITKIN COUNTY TITLE, INC WITNESS MY HAND AND OFFICIAL SEAL. MY COMMISSION EXPIRES: NOTARY PUBLIC 4. COMMUNITY DEVELOPMENT DIRECTOR APPROVAL THIS PLAT IS HEREBY APPROVED BY THE COMMUNITY DEVELOPMENT DIRECTOR OF THE CITY OF ASPEN COLORADO, THIS DAY OF 1999. PURSANT TO OF THE MUNICIPAL CODE 6F THE CITY OF ASPEN. I�rl Ke DIRECTOR ENCROACHMENT AGREEMENT S. CITY ENGINEER'S APPROVAL BOILER ROOM 25947 RECEPTION NO. 396080 THIS PLAT IS HEREBY APPROVED FOR CONTENT AND FORM ONLY AND W8T TIaE ACCURAU 017 SURVEYS CALCULATIONS OR WTINC PURSUANT TO C.R.S. 1973 38-51-102, AS AMENDED, BY THE ENGINEER O� THE CITY OF ASPEN, COLORADO, T�IIS DAY OF , 1999. ATTEST: CLERK BY: CITY ENGINEER 6. SURVEYOR S CERTIFICATE I JOHN HOWORTH, A DULY REGISTERED PROFESSIONAL L�ND SURVEYOR IN THE STATE OF COLORADO, DO HEREBY CERTIFY THAT THIS PLAT OF 'L'AUBERGE D'ASPEN' TRULY AND CORRECTLY REPRESENTS THE RESULTS OF A SURVEY MADE UNDER MY DIRECT RESPONSIBILITY SUPERVISION I AND CHECKNG WHICH SURVEY WAS PREPARED IN ACCORDANCE WITH ARTICLE 504 TITLE 38 OF THE COLORADO REVISED STATUTES L AND THAT THIS PLAT CONTAINS ALL THE INFORMATION REQUIRED BY COLORADO KEVISED STATUTES 38-33.3-209. DATE: COLORADO REGISTERED PROFESSIONAL LAND SURVEYOR NO. 25947 7. CLERK AND RECORDER S CERTIFICATE STATE OF COLORADO ) SS. COUNTY OF PITKIN I I HEREBY CERTIFY THAT THIS INSTRUMENT WAS FILED IN MY OFFICE AT O'CLOCK, .M. THIS DAY OF 1999 AND IS DULY RECORDED IN PLAT B66K AT PAGE AS RECEPTION NO. IN THE RECORDS OF PITKIN COUNTY, COLORADO. PITKIN COUNTY CLERK AND RECORDER WITNESS MY HAND AND OFFICIAL SEAL. MY COMMISSION EXPIRES: NOTARY PUBLIC II. DEDICATION KNOW ALL MEN BY THESE PRESENTS I. THAT THE ALH HOLDING COMPANY-GUNNISON, INC. ('DECLARANT') IS THE OWNER OF THAT REAL PROPERTY SITUATED IN PITKIN COUNTY, COLORADO AND LYING SECTIONS 12 T.10 S. R.85 W. OF THE 6TH P.M. COUNTY OF PITKIN, STATE 6F COLORA60 ('PROPERTY'), BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: LEGAL DESCRIPTION HOTAND I�tNDBLOCK21 E38, CITYRKINS BANDITOWNSITENOFSASPEN TING FASOSHOW4 OBI TFIEDOLAT, F, G, THEREOF RECORDED IN PLAT BOOK 10 AT PAGE 25, CONTAINING 0.620 ACRES, MORE OR LESS. 2. THAT DECLARANT HAS CAUSED SAID REAL PROPERTY TO BE LAID OUT SURVEYED AND SUBDIVIDED AS 'L'AUBERGE D'ASPEN ' ('SUBDIVISION') IN PITKIN COUNTY COLORADO SUBJECT TO THE EASEMENTS AND OTHER LIENS AND ENCUMBRANCES SHOWN OR DESCRIBED ON THIS PLAT OR IN THE DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS, RECORDED AS RECEPTION NO. ('DECLARATION') AND INCORPORATED BY REFERENCE HEREIN. III. THE RESERVATIONS THE DECLARANT HEREBY RESERVES TO ITSELF AND ITS SUCCESSORS AND ASSIGNS, THE FOLLOWING: I. DEVELOPMENT. THE RIGHT TO ENTER UPON THE PROPERTY FOR THE PERFORMANCE OF ANY WORK FOR THE DEVELOPMENT OF ANY PROPERTY, AND THE RIGHT TO GRANT ADDITIONAL EASEMENTS AND RELOCATE AND/OR SUBSTITUTE EXISTING EASEMENTS WITH RESPECT TO THE PROPERTY AS MORE SPECIFICALLY SET FORTH AND RESERVED IN THE DECLARATION. D�CLARANT HAS RESERVED THE RIGHT TO DEVELOP AND SELL THE DEVELOPMENT AS APPROVED IN THE DEVELOPMENT APPROVALS AND RESERVES THE RIGHT TO GRANT AND RELOCATE EASEMENTS AS MAY BE NECESSARY FOR THAT DEVELOPMENT. 2. SUCCE55ORS AND ASSIGNS. SUCCESSOR AND ASSIGN OF DECLARANT, AS USED HEREIN SHALL BE DEEMED A SUCCESSOR AND ASSIGN OF DECLARANT FOR THE PURPOSE HEREOF ONLY IF SPECIFICALLY DESIGNATED BY DECLARANT BY AN INSTRUMENT RECORDED IN THE RECORDS OF PITKIN COUNTY COLORADO AND ONLY TO THE PARTICULAR RIGHTS AND INTERESTS SPECIFICALLY DESIGNATED THEREIN. 3. WORDS AND PHRASES. THE MEANING OF WORDS AND PHRASES USED HEREIN SHALL HAVE THE SAME MEANING AS THOSE DEFINED IN THE DECLARATION. IV. EASEMENTS DECLARANT HEREBY RESERVES FOR ITSELF ITS SUCCESSORS AND ASSIGNS AND GRANTS, SUBJECT TO THE EASEMENTS AND OTHER ENCUMBRANCES SHOWN OR DESCRIBED ON THIS PLAT AND OTHERWISE CREATED OR RESERVED HEREIN, THE FOLLOWING: T I. UTILITY EASEMENT. A NON-EXCLUSIVE EASEMENT TO DECLARANT, S SUCCESSORS AND ASSIGNS ('DECLARANT'), THE ASSOCIATION AND TO UTILITY PROVIDERS OVER, ACROSS AND UNDER (A) ANY PO RTON OF THE PROPERTY DESIGNATED AS 'UTILITY EASEMENT' ON THIS PLAT, FOR THE INSTALLATION AND MAINTENANCE OF ALL UTILITIES INCLUDING WITHOUT LIMITATION, ELECTRIC GAS, CABLE TELEVISION, TELEPHONE) WATER AND SEINER: AND (B) ANY PORTIONS OF THE PROPERTY WHICH MAY OE DESIGNATED BI DECLARANT PURSUANT TO RESERVATIONS AND RIGHTS OF DECLARANT PFOVIDED HEREIN OR IN THE DECLARATION CONCERNING THE PROPERTY, INCLUDING THOSE TO BE LOCATED IN THE COMMON AREAS. IN NO EVENT SHALL THE UTILITY COMPANIES EXERCISE THE RIGHTS HEREIN GRANTED SO AS TO INTERFERE WITH THE USE OF THE UNITS PURPOSES EXCEPT TO THE EXTENT REASONABLY AND TIMELY NECESSARY AND (C) ANY PORTIONS OF THE PROPERTY PRESENTLY USED FOR OVERHEAD UTILITIES BETWEEN, OVER, UNDER AND ACCROSS THIE CABIN UNITS AND COMMON AREAS. 2.. IRRIGATION AND DRAINAGE EASEMENT. A NON-EXCLUSIVE IR2RIGATION AND DRAINAGE EASEMENT TO THE DECLARANT AND THE ASSSOCIATION, INCLUDING THE RIGHT OF VEHICULAR ACCESS TO MAINTAIN THEM AS MAY BE ADVISABLE FOR THE INSTALLATION, CONSTRUCTION AND MMINTENANCE OF IRRIGATION AND DRAINAGE WITHIN THE SUBDIVISION. 3. HOUSE UNIT ACCESS EASEMENT. A NON-EXCLUSIVE EASEMENT TO THE OWNERS AND GUESTS OF THE HOUSE UNIT FOR DRIVEWAY PEDESTRIAN AcCESSj AND PARKING PURPOSES OVER AND ACROSS THE C644ON AREA LOCATED BETWEEN THE BOUNDARY OF THE HOUSE UNIT AND THE COMMON BOUNDARIES OF UNITS 20 24 AND 25 SUBJECT TO THE ASSOCIATION'S RULES AND REGULATILMEMONS DESCRIBED IN THE DECLARATION. L" EA NG THE AREAS �W&L vk A W HICLEO OR HEEUSE�FITHE OWNERSATiON FOR TO NDNTHEKRNGSNOF >`ACHBLE CABIN UNIT A VEE SUUCH IS FURTHER DEFINED AND DESIGNATED IN THE DECLARATION. THE ASS061ATION ASSSCOIATION MAY RELOCATE AND DESIGNATE SPECIFIC PARKING AREAS FOR USE BY 5 WNERSAND COMMO I- SP7.1MPOSE TTHE COMMONTIONS AREAS SHA0 EUM^ EREOF. AVAILABLE FOR USE BY THE OWNERS AND THEIR GUESTS FOR A SPA AND DECK AS SUCH IS SHOWN ON THIS PLAT AND AS FURTHER DEFINED AND DESIGNATED IN THE DECLARATION. THE ASSOCIATION MAY RELOCATE THIS SPA AND DECK WITHIN THE COMMON AREA AS IT DEEMS NECESSARY AND ADVISABLE AND MAY IMPOSE REGULATIONS FORTHE USE THEREOF. 6. PEDESTRIAN PATH. THE COMMON AREAS SHALL BE MADE AVAILABLE FOR A PEDESTRIAN PATH AND WALKWAY AND MAINTENANCE THEREOF OVER AND ACROSS THOSE PORTIONS OF THE COMMON AREAS. THE ASSOCIATION MAY RELOCATE THIS PEDESTRIAN PATH AS IT DEEMS NECESSARY OR ADVISABLE. AND MAY IMPOSE REGULATIONS FOR THE USE THEREOF. 7. COMMON AREA A. THE AREA SHOWN ON THE PLAT AS 'COMMON AREA A' MAY BE MAINTAINED BY THE ASSOCIATION AS SET FORTH IN THE DECLARATION FOR MECHANICAL EQUIPMENT AND STORAGE. 8. BOILER ROOM. THE ASSOCIATION SHALL OWN THE BOILER ROOM AND ITS CONTENTS LOCATED WITHIN CABIN UNIT 17 WHICH SHALL BE USED FOR THE BENEFITS OF CABIN UNITS 13 THROUGH 19 INCLUSIVE. 9. RESERVED OPEN SPACE. NO PARKING OR STRUCTURES SHALL BE PERMITTED WITHIN THAT AREA WITHIN HOUSE UNIT A DESIGNATED AS 'RESERVED OPEN SPACE'. V , PLAT NOTES I. ALL REFERENCES TO THE RECORDED DOCUMENTS REFERRED TO THE REAL ESTATE RECORDS OF THE CLERK AND RECORDER OF PITKIN COUNTY, COLORADO. VI. SURVEYORS NOTES I. DATE OF PREPARATION AUGUST, 1999. 2. BEARINGS ARE BASED ON NORTH LINE OF BLOCK 38 AS SHOWN. 3. RECORDED EASEMENTS AND RIGHTS OF WAY ARE SHOWN ACCORDING TO PITKIN COUNTY TITLE INC. TITLE CASE NO. 6747P, EFFECTIVE DATE: f/0I/94. 4. THIS PROPERTY IS SUBJECT TO MINERAL RIGHTS AND RIGHTS OF WAY FOR DITCHES OR CANALS CONSTRUCTED BY THE AUTHORITY OF THE UNITED STATES IN UNITED STATES PATENTS RECORDED IN BOOK AT PAGE 5. IN ACCORDANCE WITH C.R.S. 3-80-105: NOTICE: ACCORDING TO COLORADO LAW YOU MUST COMMENCE ANY LEGAL ACTION BASED UPON ANY DEFECT IN THIS SURVEY WITHIN THREE (3) YEARS AFTER YOU FIRST DISCOVER SUCH DEFECT. IN NO EVENT MAY ANY ACTION BASED UPON ANY DEFECT IN THIS SURVEY BE COMMENCED MORE THAN TEN (10) YEARS FROM THE DATE OF THE CERTIFICATION SHOWN HEREON. DRAWING INDEX SHEET 1, SITE PLAN, CERTIFICATES SHEET 2, UNIT DIMENSIONS PREPARED BY ASPEN SURVEY ENGINEERS INC. 210 SOUTH GALENA STREET ASPEN, COLORADO 81611 PHONE/FAX (970) 925-3816 DATE JOB 9/00 120341 u1vwo SHEET I OF 2 • • o• • 2 Co - RFSFR V y Ep pPFN s / P4 cE ION w 0 , , • CABIN ; UNIT 25 CAB I N ' UNIT % \, •" 22 CABIN 24 b % CABIN h � cpMMpN �ry UNIT o 21 � •� • CAB I N UNIT / % ''�•,� 20 . CAB I N • UNIT 3 CABIN UNIT ' 12 , , , L * AUBERGE D ' ASPEN 0 10 20 MAIN ST ReE T o , /9. I N CABIN ' �' UUNIT 26 o .. % ��•• % CAB I N CABIN U N I T • • 29 UN I 27T / BIN / ! ctz IT 28 �o % o , • coMMpN REd �1 S ,S�269 at. , ••`7 96z CABIN UNIT �° 3 S ,5,0g // E 8L OCx 38 cpMMpN �l ° : CABIN '•� UNIT 66 14 e / CAB NI N U% / N., , 269.g/ CoMM pN COMMON AREA "A" • I : CABIN % UNIT , 16 ' , ' C •IN a U T • CABIN q; � /°:;? 4� UNIT "� % 17 �' SHEET 2 OF 2 0 0 0 L j� .^V O 0 o � e � 2 q BOILER ROOM PREPARED BY ASPEN SURVEY ENGINEERS,, INC. 210 SOUTH GALENA STREET ASPEN) COLORADO 81611 PHONE/FAX (970) 925-3816 DATE JOB 8/99 12034H t''r'i - _FT t� tY3rt 'i y s