HomeMy WebLinkAboutcoa.lu.co.435 W Main St.A073-99■
VAUBERGE WASPEN 435 W.
MAIN 2735-124-50053 CONDO EXEMP
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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 ( � .
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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
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PROJ ADDR: 435 W. Main St. Lots 1 &2 Perkins S CASE TYP: Subdivision Exemption for Condomin P
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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
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•
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
•
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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
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970-925-3816
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named on maps. Construction
of streets and roads may be In
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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
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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
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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
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ROOF ENCROACHMENT AOREEMENT
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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
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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
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