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Home My WebLink AboutLand Use Case.CU.435 W Main St.A137-002735-124-50-053 L' Auberge Conditional 435 W. Main St. y A137-00 Use Permit Amen, �u SU�c' COMMUNITY DEVELOPMENT DEPARTMENT 130 South Galena Street ` Aspen, Colorado 8161 1 (970) 920-5090 City of Aspen Land Use: F-1041 Deposit 1042 Flat Fee 1043 H PC 1046 Zoning and Sign Referral Fees: 1163 City Engineer 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 078 Reinspection 079 Aspen Fire Other Fees: 1006 Copy 1165 Remp Fee 1302 GIS Maps 1303 GIS Fee 1481 Housing Cash in Lie j383 Open Space Cash in Lieu 1383 Park Dedication 1468 Parking Cash in Lieu 1 Performance Deposit 1268 Public Right-of-way 1164 School District Land Ded. TOTAL NAME: / � / i *= ADDRESS/PROJECT: PHONE: CHECK# CASE/ PERMIT#: DATE: I N ITI # OF COPIES: I I V I".70 0 30 AO I LEG-P D 0 FOUND SUR EY MONIRh NT AS DESCRIBED ® MANIDLE 3:( STREET LIbHT 96X UTILITY ♦ SURVEY COLTNW CITY MDNIREMi 0 GAS, EWRETRA •� GHTESYNETEMROPERTY L+ HRI PT LINES 701E DIS ICT ICE" WA7�R 'LI IS LOCALE iN MAIN STREET ALL OTHER UTILITIEJ ARE LOCATE IN THE ALLEY. I I � I r�� I V I �o A(�INwn I__ 017p, HOUSE �r( • c^eIN I LMI1 A I G A D7ST zo w7 RESERVED OPEN SPACE 7` ' YICIMIT MAP j, NTS M LAI At A Ry 7 L I SITE r I I I MIL O 1�d0 W�w� �R�FfMML PLAT L-AUBERGE D'ASPEN A COMMON INTREST COMMUNITY THISRECCOORDEDETS 1. PLAT e1NS 00R 3 0 AT I'AIGE 7S. N STZF£T WIN , E 7s \ CURB WIT I� 9WM. BASIN` �•IEIT 77 / Oc BEA RNYR Rr,yDJ e / WIN WIN / •J % •' IT CO.r_ VLL P� C. UNIT / SN AREA / „J 24 Odd '\•••V ! TC\. % CABIN . CABIN • J • . ^ WIT / ,�,_� WIT % % WIN • 7.' 79 COMMON 71 . • ' UNIT T a O GRIM W l r %€{ p? I •` -t \ fir• 7B , d d /• W I i 1. 7h ' •/ J . �WIT COMMONNy{III 'll7yy'I-� F IUBIN • /� AREA 7 L�7; CABIN�.� 'WRT .I s WIN • 7"� COMON AREA 'A'T Ws I f/I, ANr . ICABIN.I TWIT 3'I6pIPU CRO ROILER ROOM 7. CLERK AND RECORDER'S CERTIFICATE STATE OF CWORADO 1 • I�� X R�E.�11s1.+ .R.M ,.RWfH�rt UBIM �� 'WWIT � V ` COUNTY OF PITK IN I !3. I NHEERE��r��CERTIFY THAT THIS INSTRUMENT WAS D D^TMrOEOF' CE A 0 0.0G, [ G••f 79S —333:_Jai— AAINDb ] DULY RECEPTION N0. AT WWF �.�AH�� Al F A3 1M THE AECORD IN CONTY, COLORADO. pO . Z O !4 PI, I COW ER A ^,yp�f ORDER 'yr` AND OFFICIAL Res: I cG Mr c�MY_HAHD YpTARY H. CERTIFICATION OF 0 .�FIF � R ALM NNOlDIMO COEAMv-pUMISON INC. A COLOR ADO CORPORATION v WERE., CONFIRMS AND ACRNOR, dPiEI THAT IT IS THE SOLE OVI OF THE PROPERTY DESCRIBED HEREIN. ALMA HOLDINB COW-OURNISON, INC. IT, E IN FI L I,MPR 7 DENT • STATE OF CVLO IPM I Cow" OF THIS RA D1Ar AQNOBLEDGED BEFORE IE TMIf " ` y PUEl(`AC DAY OF 190 BY AUDREY LEE MAISFIELD AS PIESI �.OF� KM HOLDING COMPANY-3ISGHI ■1 TNfS7 IM'7 HAIID AND OFF UAL SEA z ROTA Y PUBLIC TIE of LEIDEN'S CERTIFICATE THE UINDEIl1OED FOR THENlELVES THEIE SUCCESSOR], AND Af,10NS AN "HEF ICIMY IOC ASSIQEEI OF TIE DEEDS OF TRUST OW Af31OWi NT3, RECORDED IN 9001( 697 AT tMSFS B37 BN e.0 AND MI HEREBY CONSENTS TO TIE REOIMMG OF ,.F TEE FONT IOF ANY REMEDY "JUMT GE D ASPEN AND AGREES OF NO 7INST Cl OSUJE OR C3 EMLIMII~AI REITCTIONS/HAND EASEIEMT�E ST^IL�ISNEAFFECT D HERE,., � YECTRA ANl FOIMERriF ITC N /I S■IS3 [MILLET/RIT7EUE1L /,/'y PARTNERSHIP BY: E STATE CO GoOYARy COWT7 OF FI YX H 1 \ P^ RE6t1.'. TH IAO^EOOI WA ACRNOWLEDOEO THIS iD Mr OF S731LYGoY,E B ■■ d1W 'iLMe I�L.n�l, rN, .s T^, rr2PirllnT Ds EGIA 9~ 9ITNESS WIT OFFICIAL SEAL- a sM MT COM1171I M_ EIIP I RES: WKI AIIY 1C Y CND■ ALL By TMESEWSENT3: 10 r `IV THNT ALP-HOLOINO COEANY-GUMISONr INC. 1'DECLMANT'I IS THE Of TMAT REAL PROPERTY SITUATED PI TRIM tOWTY, 1010 OF pM�YICMO �TK 01PI,TK?A1 TfT�TE dFRCOLORAAO I'tROPERTY BEING MORE UARTICMARLY DE5MIBE91 AS FWLO1MI LEGAL ASCRIPTION LOTS I AND I1 ��PERKINS SW01 V171GH CONSISTS MG OF LOTS A// 9, C, D EI H AID I tlyyLODU 3,' CITY AND TOWNS ITE OF ASPEN(��A7 SMOIlM OM TIE ALAT T(E1EOF AEQORDED IN FLAT BOON IO.AT PAGE 75, CNWTAINING 0.520 AGES, MOE OR LIE S. .UrA 7. TINT BECLARANT HAS CAUSED SAID REAL PROPERTV TO BE LAID OUT SURVEEVvBB0 AMID SUBDIVIDED AS L WREPOE D ASPEN (OWWIVISION-i IN /ITRIN CONTYt�COL. SUBJECT 10 THE EASEMENTS AID OTHER LIENS Ol MC Ee�UT3IEOM K [OVE SR C..., 1�0113 AND ON MRESTR RESTRIS PLAT ICTIONS, RECORDED STATE OF COLORADOH UTI 1 9 1. -G- PRO COUNTY OF PITKIN 1 .,` 'PUBN IRS LIM At H FOI1EppINB MS NOREDOED MIS fy__ynY Oi TUG eY yryP—{ BE■ C-R-M�a�af.� y3lLV By IRO RI TI■{NEI. MIN; THE FOREOOI MO TITLE EXAMS MER'I RT11IGTE MA TEST! OVLY HMO AGNORLEDGEO BEFORE MTi THIS DAY OF BY VINCENT J. MIGENS AS PR �Viaa.. -•S.�Q IITKIN Y i1TLE, INC. WI rNE33 I MAID 1J AND OFF N0.'�fE Owb D. IIRIRMm PUD MY COMM 1151OI EXPIRES. La W .WrA RBIMBQO "'MRiXO9N1NW103w �� MOT IC 'ta C0.• A. CO MUNI rY DEVELOPMENT DIRECTOR APPROVAL THIS PLAT IS MER�EEIN;J4 OF THE APPROVED 1Br THE COMMUNITY MT DAY OF ICr OF ��PNSMT TOO IS OF TRE THE CITY OF ASPEN. D A S- CITY ENGINEER'S APPROVAL THIS RAT IS HEREBY ARPROVED FOR CONTENT AND FORM ON" AID NOT THE ACCUIIACY OF ,UNITS CALCIiATRyI O�NHSE011NDGNRAFTING IUR7CITY TD COIORAD0,7TG133jibDAY OF NDEDr MiB R Ok THE CITY O ASPEN, so0a� ATTEST 1`N11♦ REAR er � IA EM6I VEER B. SURVEYOR'S CERTIFICATE I JOM HMOWMTN A ,T ATE REGIaSTERED rROFESSIONL LAID SWIVErOR IG THE STCOL011ADOr DO HEREBY CERTIFY TT TMf RAT OF 'L AUBERGE 0 ASP" TRULY AND CORRERLY RErREfFMT3 Tllf RESULTS OF A SURVEY MADE UBDER MY DIRECT 0p�0POHSI%IL " SUPERVISION nM0 CIECR IMBt MICN SURVEY WAS PRENAREG' N.ACLOIIDATUT W ITH ANTI LLE 51 0P TITLE SR 0E TIE tPLORMPR 71ED' STATUTES AND TINT THIS PLAT CONTAINS ALL TIE 1HORINTIGH QR 1YCOLORA00 REVISED STATUTES 34-33.3-209. SWYEY PR .TIMAN I:10,000. CWOIT A 0IS RED E33IOMA a �./J'.l LAND SURVEYOR NO. lswl J--, III THE RESERVATIONS ECLAN ND AT HERESY RESERVES TO ITSELF AITS $UCCESSORS AND Ys, T FaLORI NG: AFK ANENT -TIE RIGHT TO EATER WGH THE PROPERTY FOR La AND SELL THE DEVELOPMENT AS ♦ROVALS AND RESERVE! THE RIGHT TO AS MAY BE NECESSARY FOR THAT IMMT/L AS USED MEREIN� SINLL SE DEEMED A SUCCESSOR AND ASSIGN OF \RANT p011 TIE FURt07E; 1EREOF OKT IF SPECIFICALLY DESIGNATED ECLAR T eY M IMSTRUENT REC011DED IN TIME RECORDS OF PITKIM TY COLORADO AND ONLY TO THE PARTICULAR 11 GHT1 AND INTERESTS IFS ♦ DESIGNATED THEREIN, WO, AID PHRASES THE MEANING OF WORDS AND PHASES HEREIN SINLL 1NYE 11E SAME 1ENI1. AS THOSE DEFINED IN THE MATH �•� O� v v Ir. EASEMENTS �:` "• % �• ARANTRESY RESERVES FOR ITSELF 1 TS SUCCES30115 AHD >� •- O )f; J OM ORANTS, RN.ECT rO TIE EASE/ENTS AMI OTHER 1lRAAMAMAMTTT(((��5 SHORN OR DESCR USED ON THIS FLAT AND OTHERWISE TED OW RESERVED HEREINt THE FOLLOWING= b•'•%,.¢ U1II UTI STY EASEMENT. A NON-EXCLUSIVE EASEMENT TO DECLARANT, 3000E fOR3 AND ASS IOIN ('DECLARMT'1, THE A530C1 AT ION AND TD ITTMOV IOERS OVER, ACROSS AND LPDEN (A) ANT PORT IONI.OF THE AS]OCI ATIBNr IMCLUOING 71E RIGHT OF YEN ICULAR ACCESS TO MAINTAIN ATHE"SSOCIATION, AS MAT 9E MV13AKE FOR THE INSTALLATION, CONSTRUCTION AND N INTENMAY OF IRRIOATIOI AID DRAM WEE WITHIN THE SUBOIVIS ION. 1 E WIT ACCE33 EAIEIEMT. A M011-EXaU7l VE EASEMENT i0 THE OWNER AID GUESTS OF ONE HMOUlE WIT FOR DRIVEWAY, PEDESTRIAN ACCESSI AID tMRINO Iu11I0It., OVER AID ANIQS5 THE COMMON AREA LOGTEd BET■EEN TIME BONIDARr OF THE HMOUfE W1T AND MAT BOUDARIE OF WANTS M 7A AIO 75 SUBJECT i0 THE ASSOC I ATIOM'S RULES AND REOUI TIONS DEfCRI{ED iM THE DE0. ARATIGo 1. C AREA PARR ING. TIME COMON PEAS SHALL eE MADp IMIE Rr TIE THE ASSOCIATION Fd TIE PARR IMD OF ONE OPERABLE VEHICLE FUSE OF THE OfRSTHEOF EACH GFORA OF 1'�PARRIN({ FR DEFINED AID DESIGATEO 1N TIE ATI ilE ASSGOIArMAY RELOCATE AIDDE710MAFItMARRING FOI USE BY RSM"GUESTSAIDIEOUI^T ION,RUSETHE S. COMYv. AREA SPA THE CO9gN AREAS RNLL BE MADE AYA'LABL FOR USE sY TIME THEWS AND THEIR OlESiS FORA SPA AND DECK !.S V'CM SHIewN ON THIS FLAT AMID AS FURTHER DEi SHED AND DESIGNATED IN TIE D&LARATIOG- THE ASSOCIATION NAY RELOCATE THIS SPA AND Di CK WITHIN TIE C"" AREA AS IT DEEMS MECESSARY AND ADVISABLE AND MY IM�OSIEI IT GM F011TIE USE THEREOF. e. tE0E7 TRIAN PATH, THE COMMON AREAS SMALL BE MADE AYAI IABLg PER A PEDESTRIAN PATH AID WALKWAY AND MAINTENANCE THEREOF 'pYER AID AC103S THD7f FORT ION! OF TIME COMMON AREAS THE A770CIAII MY RELOCATE THIS PEOE3IRIAN PATH AS IT DEEMS NECESSARY M ADYI SAIIBLE_ AND MAT MUSE REWLATIdM FOR THE USE THEREOF. 1. C41MOM AREA A. TIE AREA lIIOBN ON THE PLAT AS ' AREA A' MAY eE MAINTAINED Br TIE A320C1 AT AS SET FORTH IN THE OECLARAT ION FOR MECHANICAL . EDIII tHEM AM STORAGE. 3. BO LER ROOM. THE ASSOCIATION SMALL OWN THE BOILEN ROOM AND ITS CONTENTS LOG1E0 ITNIM GRIN WIT 17 WHICH SHALL Bf VSED FOR THE BENEFIT 5 OF CABIN WITS 13 THROUGH 1 INCLUSIVE. ■. RE ERVED OPEN SPACE. NO PARKING OR STRUCTURES SMALL 9E PERMITTED WI TNIW T T AREA ■I YHIN MOUSE WIT A DESI GNA TEO AS 'RESERVED OPEN SPACE'. V. PLAT NOTES AL REFERENCES TO THE RECORDED DOCUMENTS REFERRED TO THE REAL ESTATE RECORDS OF THE CLERK AND REORDER OF IITRIN COUNTY, COL AGO V I SURVEYOR S NOTES I DA E OF PREPARATION AUGUST, It" 1. eE RIXOS ARE 411ED ON NORTH LINE OF BLOCK 11 AS SHOWN. 3CR RD�IEASEtENTIN :AIDI RIGHTS WAY ARE SHOWN CASE W.I97R7P, EFFECNC TIVE DATE: f/OI A. TMIDS PROPERTY 11 FAJECT TO MI NESAL. RI ON'S AND RIGHTS OF IKAYUNIFOR SI'A7ES SMMIIN ICTEDL S7,C11EST TV 5IRTUC3RECONDEOT AUTHORITY THE Ar IAOE IS AFTER YOU FIRST DISCOVER ASEO UPON MY DEPECT IN I YENS FROM THE DATE OF DRM,%I INDEX SHEET I1, SITE PLAN, CERTIFICATES SHEET >f, WIT OIMEWIONS PREPARED BY ASPEN SURVEY ENGINEERS) INC I 210 SOUTH GALENA STREET ASPEN, COLORADO $1611 PHONE/FAX (970) 925-3816 DATE JOB 10/M 1703,1 SHEET I OF 7 County of Pitkin } AFFIDAVIT OF NOTICE PURSUANT } SS. TO ASPEN LAND USE REGULATIONS State of Colorado } SECTION 26.304.060(E) I .\ uk r ice` ��.•�.w,,, being or representing an Applicant to the City of Aspen, personally certify that I have complied with the public notice requirements pursuant to Section 26.304.060(E) of the Aspen Municipal Code in the following manner: 1. By mailing of notice, a copy of which is attached hereto, by first-class postage prepaid U.S. Mail to all owners of property within three hundred (300) feet of the subject property, as indicated on the attached list, on the 30 day of ID , 200 0 (which is days prior to the public hearing date of ► N \ � Aa o ). 2. By posting a sign in a conspicuous place on the subject property (as it could be seen from the nearest public way) and that the said sign was posted and visible continuously from the 3 day of 'Wvbu-\vt- , 200 0 , to the \'' day of A0 '`'� , 200c, . (Must be posted for at least ten (10) full days before the hearing date). A photograph of the posted sign is attached hereto. (Attach photograph here) 0 Signature a J Signed before me this '� day of^- 200 e . by WITNESS MY HAND AND OFFICIAL SEAL My Commission expires: Notary Public PUBLIC NOTICE i RE: L'AUBERGE CONDITIONAL. USE ANMENDiIENT — 435 WEST NLkIN STREET NOTICE IS HEREBY GIVEN that a public hearing will be held on Tuesday, November 14, 2000, at a meeting to begin at 4:30 p.m. before the Aspen Planning and Zoning Commission, Fire Station Meeting Room, 420 E. Hopkins, Aspen, to consider an application submitted by AHL Holdings, requesting approval for an amendment to their conditional use permit regarding occupancy terms for condominiumized lodge units at 435 W. Main Street. For further information, contact Chris Bendon at the Aspen/Pitkin Community Development Department, 130 S. Galena St., Aspen, CO (970) 920-3072, chrisb@ci.aspenco.us. sBob Blaich, Chair Aspen Planning and Zoning Commission City of aspen account Pubiish in the Aspen Times on October 28.2000 u EXHIBIT #5 LISSF OWNERS WITHIN 300' OF PISERTY 501 WEST MAIN LLC 4 BC #202 , CO 81611 ASPEN HOMEOWNERS' ASSOCIATION A COLO NON PROFIT CORPORATION 311 W MAIN ST ASPEN, CO 81611 BECK GLENN A PO BOX 1102 VICTORVILLE, CA 92392 ALG SECOND DUAL PERS RES TRUST C/O GILDENHORN ALMA L 2030 24TH ST NW WASHINGTON, DC 20008 BAILEY MIRANDA 1994 TRUST 50% C/O JANUS CAPITAL 620 E COOPER ASPEN, CO 81611 BLAU SETH J BLAU JUDITH 3896 DOGWOOD LN DOYLESTOWN, PA 18901 ALH HOLDING COMPANY GUNNISON A COLORADO CORPORATION 435 W MAIN ST ASPEN, CO 81611 BARTON META PACKARD 6507 MONTROSE AVE BALTIMORE, MD 21212 BLONIARZ JOHN W & DONNA L 1839 N ORLEANS ST CHICAGO, IL 60614 BOOMERANG LTD BRAFMAN STUART REVOCABLE TRUST BROWDE DAVID A 500 W HOPKINS AVE BRAFMAN LOTTA BEA REVOCABLE 176 BROADWAY STE 7A ASPEN, CO 81611 TRUST NEW YORK, NY 10038 161 E CHICAGO #30B CHICAGO, IL 60611 CARINTHIA CORP CHAMBERS PETE CITY OF ASPEN 45 E LUPINE DR PO BOX 10086 130 S GALENA ST ASPEN, CO 81611 MULONN, VA 22106 ASPEN, CO 81611 0 CLICK JANE COMCOWICH WILLIAM L CONDER CANDIDA E 333 W MAIN ST 420 W MAIN ST 19816 GRAND VIEW DR ASPEN, CO 81611 ASPEN, CO 81611 TOPANGA, CA 90290-3314 CRUSIUS FRANKLIN G CRETE ASSOCIATES LP CROWLEY SUE MITCHELL CRUSIUS MARGARET J 3418 SANSON STREET 409 S GREENWOOD AVE 5855 MIDNIGHT PASS RD APT 507 PHILADELPHIA, PA 19104 COLUMBIA, MO 65203 SARASOTA, FL 34242 FLECK KATHRYN DEREVENSKY PAULA DEROSE VINCENT 27 N MOORE 1128 GRAND AVE 1209 N 14TH AVE TOWER B GLENWOOD SPRINGS, CO 81601 MELROSE PARK, IL 60160 NEW YORK, NY 10013 FRANKEL KATHY REVOCABLE TRUST GOLD RANDAL S GOLDENBERG STEPHEN R & CHERYL J 444 N WELLS #303 EPSTEIN GILBERT AND MOLLIE 430 W HOPKINS AVE PO BOX 9813 ASPEN, CO 81611 CHICAGO, IL 60610 ASPEN, CO 81612 An N WERNER AND HARRIET HOPP ROSALIND HUGGIN H SCOTT WINTER ERNST & SON INC C/O HOPP CLEMENT A JR AS JOINT 205 S MILL ST #3 ORDINGER WEG 12 TENANTS ASPEN, CO 81611 HAMBURG GERMANY, 22609 107 S WARBLER LN SARASOTA, FL 34236 ILGEN EILEEN L & JACK D & ELOISE ILGEN IN JOINT TENANCY 51 MAIN ST CO 81611 JOHNSTON DANIEL R & MARGARET S 2018 PHALAROPE COSTA MESA, CA 92626 KEIM JAMES T PEITZ H QUINN JR 17550 BAR X RD COLORADO SPRINGS, CO MARCUS RENEE A 432 W HOPKINS ASPEN, CO 81611 • 0 JACOBY FAMILY LTD PARTNERSHIP CASPER J JACOBY III PO BOX 248 ALTON, IL 62002 KARP MICHAEL 3418 SANSOM ST PHILADELPHIA, PA 19102 KENDIG ROBERT E KENDIG MARILYN SUE 450 S GALENA ST STE 202A 80908-1500 ASPEN, CO 81611 MCDONALD FAMILY TRUST MCDONALD W SCOTT & CAROLINE TRUSTEES 320 W MAIN ST ASPEN, CO 81611-1614 P SON CHARLES G 500 W HOPKINS ASPEN, CO 81611 PRICE DOUGLAS L AND VALERIE 8611 MELWOOD RD BETHESDA, MD 20817 RISCOR INC 200 CRESCENT CT STE 1320 DALLAS, TX 75201 ROSENTHAL DIANNE PO BOX 10043 ASPEN, CO 81612-7311 MARTEN RANDOLPH 129 MARTEN ST MONDOVI, WI 54755 MCDONALD FAMILY TRUST 320 W MAIN ST ASPEN, CO 81611 PEITZ H QUINN JR KEIM JAMES T 17550 BAR X RD COLORADO SPRINGS, CO 80908-1500 RANKIN CONSULTING LLC 336 VINE ST ASPEN, CO 81611 RIVA PARTNERS LP 1717 MAIN ST STE 5200 DALLAS, TX 75201 SAMIOS CAROLE SAMIOS NICHOLAS A P 0 BOX 867 WESTMINSTER, MD 21158 JACOBY FAMILY LTD PARTNERSHIP CASPER J JACOBY III GEN PARTNER PO BOX 248 ALTON, IL 62002 KASPAR THERESA DOSS PO BOX 1637 ASPEN, CO 81612 MAC DONALD BETTE S TRUST 15 BLACKMER RD ENGLEWOOD, CO 80110 MARTIN SCOTT M C/O PARAMOUNT PICTURES 5555 MELROSE AVE HOLLYWOOD, CA 90038 MOUNTAIN STATES COMMUNICATIONS INC PO BOX E ASPEN, CO 81612 PRICE DOUGLAS 8611 MELWOOD BETHESDA, MD 20817 RICKEL DAVID 8324 BROODSIDE RD ELKINS PARK, PA 19027 ROGERS REGINA 6 WOOD ACRES RD GLEN HEAD, NY 11545 SCOTT MARY HUGH C/O RUSSELL SCOTT III & CO LLC 7000 E BELLVIEW AVE STE 120 ENGLEWOOD, CO 80111 MARY HUGH SHEEHAN WILLIAM J AND SEALS JOHN R & CAROLYN SHEEHAN NANCY E *SSELL SCOTT III & CO LLC 4410 MEDICAL DR #400 10 GOLF VIEW LN 38 SUNSET DR SAN ANTONIO, TX 78229 FRANKFORT, IL 60423 ENGLEWOOD, CO 80110 SHERWIN KITTY P & WALTER J I NT 70liMANDALE RD g DA, MD 20817-4701 SLOVITER DAVID SLOVITER ROSALIE 1358 ROBINHOOD RD MEADOWBROOK, PA 19046 0 8.2% SILVERSTEIN PHILIP SILVERSTEIN ROSALYN 25 KNOLLS CRESCENT BRONX, NY 10463 STASPEN LIMITED PARTNERSHIP C/O JOHN STATON 191 PEACHTREE STREET SUITE 4900 ATLANTA, GA 30303-1763 TAD PROPERTIES LTD LIABILITY CO PO BOX 9978 ASPEN, CO 81612 THALBERG KATHARINE 221 E MAIN ST ASPEN, CO 81611 *COASTS LTD 110 WEST C ST STE 1901 SAN DIEGO, CA 92101 WOLOFSKY MOIRA 50% INT 129 CLARENDON AVE PALM BEACH, FL 33480 • SLOVITER DAVID SLOVITER ROSALIE 1358 ROBINHOOD RD MEADOWBROOK, PA 19046 STRANDBERG JOHN J & JANE T 2510 GRAND AVE APT 2403 KANSAS CITY, MO 64108 TAD PROPERTIES LTD LLC TOWNE CENTRE PROPERTIES LLC 323 W MAIN ST STE 301 ASPEN, CO 81611 TORNARE RENE 308 W HOPKINS AVE ASPEN, CO 81611 ULLR COMMONS DEVELOPMENT CORP 75 S THIRD ST CARBONDALE, CO 81623 YOUNG PAUL III 13355 NOEL RD LB 28 DALLAS, TX 75240 • SIMON LOUIS & EILEEN 1576 CLOVERLY LN RYDAL, PA 19046 SLOVITOR DAVID AND ELAINE 1358 ROBIN HOOD RD MEADOWBROOK, PN 19046 STRANDBERG JOHN J & JANE T 2510 GRAND AVE APT 2403 KANSAS CITY, MO 64108 TEMPKINS HARRY TEMPKINS VIVIAN 420 LINCOLN RD STE 258 MIAMI BEACH, FL 33139 TORNARE RENE 308 W HOPKINS AVE ASPEN, CO 81611 WHYTE RUTH PO BOX 202 ASPEN, CO 81612 n LJ CASE NUMBER A137-00 PARCEL ID # 2735-124-50053 CASE NAME L'Auberge Conditional Use Permit Amendment PROJECT ADDRESS 435 W. Main St. PLANNER Chris Bendon CASE TYPE Conditional Use Permit Amendment OWNER/APPLICANT ALH Holdings REPRESENTATIVE Alan Richman DATE OF FINAL ACTION 11 /14/00 CITY COUNCIL ACTION PZ ACTION Reso.60-2000 ADMIN ACTION BOA ACTION DATE CLOSED 12/19/00 BY Chris Bendon PARCEL ID: 2735-124-50053 DATE RCVD:-k 10/2�Iihm Sr , : L'AubCA CASE NAMEerge Conditional Use Permit Amendment �'PLNR: PROJ ADDR: 435 W. Main St. CASE TYP: Conditional Use Permit Amendment OWN/APP: ALH Holdings ADR C/S/Z: ..... P REP: Alan Richman ADR: PO Box 3613 C/S/Z: Aspen/CO/81612 PHN FEES DUE1 1110 D FEES RCVD; 1110 (Put in Timeslips) ATE OF FINAL ACTION ITY COUNCIL:_ BOA: .CLOSED:- �. 1 __ Ah__. pRA PLAT SUBMITD ��PLAT (BK,PG): .._W_. AD MEMORANDUM TO: Planning and Zoning Commission THRU: Julie Ann Woods, Community Development Director Joyce Ohlson, Deputy Director FROM: Chris Bendon, Senior PlannerNVVI RE: L'Auberge Conditional Use Amendment — Public Hearing Owner Occupancy Allowance DATE: November 14, 2000 SUMMARY: The owners of the L'Auberge Lodge, located on Main Street, have applied for an amendment to their conditional use to specifically set forth the amount of time in which owners of individual lodge units can occupy their unit. If approved, L'Auberge units would need to be available to the general public on a short-term basis for at least six months of each year. DISCUSSION: In 1995, the applicant proposed a code amendment to allow a "Lodge" as a conditional use in the Office Zone District and the amendment was adopted by the City. Until that time, lodges were not a recognized land use along Main Street, although many lodges existed there for quite some time. The code amendment resulted in the addition of "Lodge units and Lodge units with Kitchens" as a conditional use in the Office Zone District. The applicant also obtained conditional use approval for the existing and proposed lodge units in their redevelopment scheme, pursuant to P&Z Resolution 95-41. In the current application, the applicant raises a question as to whether the L'Auberge units are in fact "Lodge Units" due to their detached configuration. Because the conditional use criteria are designed to recognize unique development configurations and designs, visual impacts, and operating styles and the conditional use review recognized the particular configuration of the L'Auberge project, staff believes these units are in fact "Lodge Units" regardless of their detached nature. Moreover, the project is referred to as a "Lodge" throughout the 1995 application materials, minutes, staff reports, referral comments, and approving documents and staff finds it hard to believe their could be such confusion regarding the intended use of the land. Since 1995, when the development approvals were granted to the L'Auberge project, the City of Aspen re -codified the Lodge Preservation Program in a manner that is more conducive to small lodge redevelopment. As a part of the new LP provisions, lodges in the LP Overlay Zone District were allowed to be available to the general public only 6 months (or more) of the year. This change specifically recognized the nature of small lodge operations and the possible redevelopment incentive this flexibility could offer. It is important to remember that this provision was considered as an incentive to LP development and not available to other non -LP projects. In contrast, all other lodge properties (non -LP lodges) did not benefit from this 6- month change and remain under the requirement of "available to the general public on a short-term basis." (Short-term is defined as one month, or less.) In recent code amendment discussions, staff and the Commission have discussed how "available to the general public on a short-term basis" generates a certain complexity for condominiumized lodge units that are not in the LP system. The language suggests that owners of those non -LP units cannot stay in their own unit. The City is prepared to address this complexity in a more comprehensive manner. In light of the City's direction on this larger topic, L'Auberge representatives have requested the specifics of the L'Auberge project be examined under an amendment to the conditional use. Despite its non -LP status, the L'Auberge property is typical of many of the small lodges that are in the LP Overlay Zone District. When the LP designation originated, it was a voluntary system and many properties are not included in the LP system that fit the small lodge mold. In fact, Main Street is a good example of the random pattern of the LP Overlay -- Hotel Aspen (LP), Tyrolean (non -LP), Innsbrook (LP), L'Auberge (non -LP), Christiannia (LP). Another contributing factor and an argument in support of the L'Auberge request is the following: If the 1995 redevelopment were requested today, staff would encourage the applicant to look at the benefit of rezoning into the LP System. In light of recent concerns about our lodge base, a rezoning into the LP system with a redevelopment request would probably receive favorable reviews from staff. And in that scenario, the 6-month allowance would automatically apply to the property and the provision could actually induce the redevelopment. Staff s primary concern regarding this request is to establish a regulation that is simple to understand and enforce. Both staff and the applicant have an interest in a regulation that is simple, clear, easy to convey to prospective owners, and easy for staff and the owners to enforce. Staff does have a concern, however, about the possible reduction in occupancy rates and tourist turn -over. Lodges serve a very important role in a resort economy and the prospect of this property functioning less like a traditional lodge and more like a second home, even if for only a portion of the year, could have an effect upon our economic sustainability. Although, it is difficult to know for certain whether this change will have any effect and even more difficult to ascertain the level of that impact on the City, especially considering this project only represents 18 units. It is for this last reason, however, that staff does not support the conditional use amendment. As mentioned above, staff is more concerned with a regulation, if one is adopted, that is clear and easy for staff and prospective owners to understand. The most straight -forward regulation would mirror that of the LP overlay properties. The Resolution has been structured to provide this simplicity with a few administrative checks to ensure compliance. 2 • APPLICANT: L'Auberge Lodge. ALH Holdings, owner. Represented by Gideon Kaufman, Kaufinan Peterson Attorneys, and Alan Richman, AICP, Alan Richman Planning Services. LOCATION: 435 West Main Street, Aspen ZONING: Office (0) CURRENT LAND USE: Lodge (condominiumized). PROPOSED LAND USE: Lodge. The conditional use request is for owner -occupancy of each unit of up to six months of each year. PREVIOUS ACTION: The Commission has not previously considered this application, with the exception of code amendment discussions in October related to the Hotel definition. REVIEW PROCEDURE: Conditional Use. The Commission shall, by Resolution, approve, approve with conditions, or deny the request during a public hearing. STAFF COMMENTS: Review criteria and Staff Findings have been included as Exhibit "A." The application has been included as Exhibit `B." RECOMMENDATION: Staff recommends the Commission not approve the conditional use amendment. ALTERNATE RECOMMENDATION: Staff recommends an approval, if granted, be simple and easy to understand and apply. Staff believes the proposed Resolution accomplishes this simplicity. RECOMMENDED MOTION: "I move to adopt Resolution No. 00-, approving an amendment to the conditional use for the L'Auberge Lodge to allow six-month owner occupancy periods." ATTACHMENTS: Exhibit A -- Review Criteria and Staff Comments Exhibit B -- Development Application 3 RESOLUTION OF THE ASPEN PLANNING AND ZONING COMMISSION APPROVING A CONDITIONAL USE AMENDMENT REGARDING OWNER OCCUPANCY OF INDIVIDUAL UNITS FOR THE L'AUBERGE LODGE, 435 WEST MAIN STREET, LOTS A -I, BLOCK 38, CITY AND TOWNSITE OF ASPEN. Parcel No. 2735.124.50.053 Resolution No. 00 - WHEREAS, the Community Development Department received an application from ALH Holding Company — Gunnison, a Colorado Corporation, owner of the L'Augberge D'Aspen located at 435 West Main Street, Aspen, Colorado, for an amendment to the conditional use approval granted by the City of Aspen, pursuant to Planning and Zoning Commission Resolution 95-41, to set forth the manner in which owners of individual lodge units can occupancy their unit; and, WHEREAS, pursuant to Planning and Zoning Commission Resolution No.95-41, substantial changes in the manner in which the property operate as a lodge are required to be reviewed as an amendment to the conditional use approval and may be approved by the Planning and Zoning Commission pursuant to the criteria and procedures of conditional use review, Chapter 26.425 and the City of Aspen Land Use Code; and, WHEREAS, the Community Development Director reviewed this application pursuant to the review criteria set forth in Chapter 26.425 and recommended the Planning and Zoning Commission not approve the amendment to the approved conditional use; and, WHEREAS, during a duly noticed public hearing on November 14, 2000, the Planning and Zoning Commission considered the recommendation made by the Community Development Director and comments from the general public and approved, with conditions, by a to L-J vote, the conditional use amendment regarding the manner in which owners of individual lodge units may occupy their units. NOW, THEREFORE BE IT RESOLVED by the Commission: The conditional use for the L'Auberge D'Aspen lodge operation is hereby amended to permit owners of individual lodge units to occupy their unit such that each unit remains available to the general public for short-term occupancy periods at least six months of each calendar year, subject to the following conditions: 1. The general public includes all persons with no ownership interest in the property. Unit owners are not considered the general public for the purposes of this conditional use amendment. 2. The applicant shall provide a copy of the condominium declarations to the City of�� Aspen Community Development Department and said documents shall clearly CAA identify this six-month owner occupancy provision, require amendments to the condominium declaration regarding this provision to be reviewed by the City of PZ Reso. No. 00-_. Page 1 Aspen, and shall permit the owners association to enforce the six month owner occupancy provision. 3. The L'Auberge D'Aspen Condominium Owners Association shall diligently enforce the six-month provision on their own and upon written request by the City of Aspen. 4. The six month owner occupancy provision shall apply only to the lodge units, identified as "cabin units" on the condominium plat, and shall not apply to the single family home located at the corner of Fourth and Main Streets, identified as "house" on the condominium plat. The house shall operate consistent with regulations that apply generally to single-family houses, unless otherwise approved. 5. The applicant shall record this Planning and Zoning Resolution with the Pitkin County Clerk and Recorder located in the Courthouse Plaza. Building. There is a per page recordation fee. In the alternative, the applicant may pay this fee to the City Clerk who will record the resolution. 6. All material representations made by the applicant in the application and during public meetings with the Planning and Zoning Commission shall be adhered to and considered conditions of approval, unless otherwise amended by other conditions. APPROVED by the Commission at its regular meeting on November 14, 2000 APPROVED AS TO FORM: PLANNING AND ZONING COMMISSION: City Attorney ATTEST: Jackie Lothian, Deputy City Clerk Robert Blaich, Chair PZ Reso. No. 00-_. Page 2 EXHIBIT A STAFF COMMENTS: CONDITIONAL USE 26.425.040 Standards applicable to all conditional uses. When considering a development application for a conditional use, the Planning and Zoning Commission shall consider whether all of the following standards are met, as applicable. A. The conditional use is consistent with the purposes, goals, objectives and standards of the Aspen Area Community Plan, with the intent of the zone district in which it is proposed to be located, and complies with all other applicable requirements of this Title; and Staff Finding Staff believes the request is consistent with other applicable requirements of the Land Use Code. The request is consistent with the stated purpose of the Office Zone District as an acceptable place for high volume commercial uses. The lodge use is not mentioned in the Office Zone purpose statement, but lodging typically represents a high volume of activity. Staff does not believe the request demonstrates consistency with the Economic Sustainability goals and objectives of the Aspen Area Community Plan. Specifically, a possible reduction in the number of guests and lessened tourist turn -over activity could result with the proposed six-month owner occupancy periods. This in turn could negatively affect the retail and restaurant activity that is typically associated with short- term occupancy traditional lodge operations upon which a resort economy is predicated. This request has not demonstrated the creation of long-term sustainability that respects the resort underpinning of Aspen's economy. B. The conditional use is consistent and compatible with the character of the immediate vicinity of the parcel proposed for development and surrounding land uses, or enhances the mixture of complimentary uses and activities in the immediate vicinity of the parcel proposed for development; and Staff Finding Staff believes the property will remain compatible with surrounding properties with this amendment. C. The location, size, design and operating characteristics of the proposed conditional use minimizes adverse effects, including visual impacts, impacts on pedestrian and vehicular circulation, parking, trash, service delivery, noise, vibrations and odor on surrounding properties; and Staff Finding Staff does not expect any noticeable changes in these adverse effects that would require remediation. D. There are adequate public facilities and services to serve the conditional use including but not limited to roads, potable water, sewer, solid waste, parks, police, fire protection, emergency medical services, hospital and medical services, drainage systems, and schools; and Staff Finding There are adequate facilities to serve the property and no additional services would be required with this change. E. The applicant commits to supply affordable housing to meet the incremental need for increased employees generated by the conditional use; and Staff Finding No increase in affordable housing is expected and no employee housing mitigation measures have been requested. The Community Development Director may recommend, and the Planning and Zoning Commission may impose such conditions on a conditional use that are necessary to maintain the integrity of the city's zone districts and to ensure the conditional use complies with the purposes of the Aspen Area Community Plan, this Chapter, and this Title; is compatible with surrounding land uses; and is served by adequate public facilities. This includes, but is not limited to imposing conditions on size, bulk, location, open space, landscaping, buffering, lighting, signage, off-street parking and other similar design features, the construction of public facilities to serve the conditional use, and limitations on the operating characteristics, hours of operation, and duration of the conditional use. C 0 6z 3613 r4aAe.*. e,6&T4da 91612 October 20, 2000 ct �Ecus•cg Sen�cec � p4ae/54x (970) 920-1125 �i6rv,se.; h I C 0, Mr. Chris Bendon, Senior Planner G Aspen Community Development Department 130 South Galena Street Aspen, Colorado 81611 RE: APPLICATION TO AMEND CONDITIONAL USE PERMIT FOR 12AUBERGE Dear Chris, This is an application submitted pursuant to the Planning Office's direction to amend the conditional use permit previously granted to L'Auberge to operate a lodge in the Office (0) zone district. The conditional use permit was granted by the Aspen Planning and Zoning Commission pursuant to Resolution 95-41 (attached hereto as Exhibit #1). L'Auberge is located at 435 West Main Street (Lots A through I, Block 38, City and Townsite of Aspen). A copy of the recorded condominium plat, depicting the property's existing conditions, has been provided. The location of the site in relation to neighboring properties is shown on the vicinity map contained on the condominium plat. This application is being submitted by ALH Holding Company - Gunnison, a Colorado Corporation, which is the property owner (hereinafter, "the applicant"). Proof of the ownership of the property is provided by Exhibit #2, an attorney's letter and warranty deed. Authorization for Alan Richman Planning Services to represent the applicant is provided by Exhibit #3. A pre -application conference was held with a representative of the Community Development Department on October 18, 2000 (see Exhibit #4, Pre -Application Conference Summary). At this meeting, the staff confirmed that the applicant would be subject to conditional use review by the Planning and Zoning Commission, to amend (if necessary) the previously approved conditional use permit. Since conditional use review requires notice as a public hearing, the applicant has provided a list of all owners of property within 300' feet of the subject property (see Exhibit #5). The list was obtained from the City's records through the GIS Department. The next section of this application identifies the applicable standards of the Aspen Land Use Regulations for this conditional use review and. provide$ a response to eac�l} o. t�es�h'� standards.1�2U o�AqePVL c'"W;a avrawd Mr. Chris Bendon October 20, 2000 Page Two Conditional Use Amendment The Office (0) zone district lists "Lodge units and lodge units with kitchens" as a conditional use. This listing was added to the conditional use table for the Office zone district pursuant to Ordinance 31, Series of 1995, concurrent with the approval of L'Auberge's conditional use permit and with the granting of a growth management allotment to the owners to add new lodge units to the property. The amendment to the use table was adopted by the City as a way of legitimizing the historic use of the property as a lodge. Pursuant to the approvals granted in 1995, the applicant has built additional lodge units that were authorized for the property and has operated these units as tourist accommodations. The applicant has also submitted to the City a condominium plat for the property, and has recorded that plat in the office of the Pitkin County Clerk. The City questioned whether a change in the form of the ownership of the property, coupled with a potential change in use, represents a substantial change to the approved conditional use. According to Condition #20 of Resolution 95-41, "Any 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". Section 26.425.080 of the Aspen Land Use Code lists the types of activities that may be considered to be insubstantial amendments to an approved conditional use. Although the applicant believes the proposed changes are a technical clarification, not a substantial change, the staff has determined that the Planning and Zoning Commission should review this as a conditional use amendment. Section 26.425.080 B. of the Code therefore requires that the applicant must repeat the conditional use review to amend the prior permit. The standards for conditional use review, as listed in Section 26.425.040 of the Aspen Land Use Code, and the applicant's responses to these standards, are as follows: A. The conditional use is consistent with the purposes, goals, objectives and standards of the Aspen Area Community Plan, with the intent of the Zone District in which it is proposed to be located, and complies with all other applicable requirements of this Title. Response: L'Auberge has long been one of Aspen's most recognizable small lodges, offering a unique lodging experience to guests in the Aspen area. The small cabins that dot this site are consistent with the historic character of West Main Street, and also evoke images of this community's ties to the traditions of European alpine resorts. The new additions to the site have continued this style, while upgrading the entire image of the property in terms of both architecture and landscaping. Mr. Chris Bendon October 20, 2000 Page Three The lodging use and its visual appearance make the property consistent with the intent of the Office zone district, which is "To provide for the establishment of offices and associated commercial uses in such a way as to preserve the visual scale and character of former residential areas that are now adjacent to commercial and business areas, and commercial uses along Main Street and other high volume thoroughfares". The applicant proposes that the condominiumized lodge be permitted to operate consistent with the definition of the term "lodge" in the Aspen Land Use Code. This definition reads as follows: "Lodge. Same as hotel, except that lodges in the Lodge Preservation (LP) Zone District must be available for overnight lodging by the general public on a short-term basis for at least six months of each calendar year, and may have kitchens within individual lodge rooms." The cabins on the property contain kitchens so, by definition, they are not hotel rooms. The applicant hereby represents that the units will be made available for overnight lodging by the general public on a short-term basis for at least six months of each calendar year. This occupancy restriction will be included in the condominium documents for this property, along with a mechanism for the condominium association to enforce the limitation. The occupancy restriction will also be disclosed in all real estate brochure and marketing for the units. -'S The applicant would also point out that the building at the corner of Fourth and Main is a house that has historically been occupied as a residence, and has not been rented out to guests as part of the lodge. It is the applicant's intention to maintain this use, and not to make it available for overnight lodging by the general public on a short-term basis. B. The conditional use is consistent and compatible with the character of the immediate vicinity of the parcel proposed for development and surrounding land uses, or enhances the mixture of complimentary uses and activities in the immediate vicinity of the parcel proposed for development. Response: L'Auberge is consistent and compatible with the character of West Main Street. There are several other lodges operating in this area, including the Innsbruck Inn, Christmas Inn, Aspen Mountain Lodge, Hotel Aspen, Molly Gibson Lodge, and Sardy House. What is unique about L'Auberge is the small scale of its buildings and their unique mountain character, which have long been a very distinctive part of this historic district. The small scale of these structures is one factor that ensures these lodge units will continue to be used as short term accommodations after they have been sold to individual owners. The very nature of these units will make them unattractive to persons looking to purchase a dwelling in Aspen that they will use solely for their own occupancy. • Mr. Chris Bendon October 20, 2000 Page Four C. The location, sue, design and operating characteristics of the proposed conditional use minimizes adverse effects, including visual impacts, impacts on pedestrian and vehicular circulation, parking, trash, service delivery, noise, vibrations and odor on surrounding properties. Response: No changes are proposed to the size or design of the existing lodge, or in the manner in which it operates. Therefore, there will be no adverse visual effects from this proposal, nor will there be any impacts on pedestrian and vehicular circulation, parking, trash, service delivery, noise, vibrations and odor on surrounding properties. D. There are adequate public facilities and services to serve the conditional use including but not limited to roads, potable water, sewer, solid waste, parks, police, fire protection, emergency medical services, hospital and medical services, drainage systems, and schools. Response: This property already is served by the full compliment of public facilities and services. The proposed amendment to the conditional use should not cause any increase in the demand for these services. E. The applicant commits to supply affordable housing to meet the incremental need for increased employees generated by the conditional use. Response: There will not be any increased employee generation caused by the proposed amendment to the conditional use. Conclusion I believe we have submitted all of the materials requested during the pre -application conference and have responded to the applicable standards of the Aspen Land Use Code and have demonstrated our compliance with said standards. Should any reviewing agency request additional information, or need for us to clarify any of the statements made herein, we will respond in a timely manner. Please feel free to contact us as necessary. Very truly yours, ALAN RICHMAN PLANNING SERVICES Alan Richman, AICP MAP AND EXHIBITS 0 EXHIBIT #1 • A RESOLUTION OF THE ASPEN PLANNING AND ZONING COMMISSION APPROVING CONDITIONAL USE FOR A LODGE IN THE OFFICE ZONE DISTRICT FOR L'AUBERGE LODGE LOCATED AT 435 A. MAIN STREET (LOTS A -I, BLOCK 38) CITY AND TOWNSITE OF ASPEN, COLORADO Resolution No. 95-4 WHEREAS, the applicants proposed a code amendment to allow a lodge in the office zone district in order to legitimize the current use of the lodge and to allow an expansion of the lodge; and WHEREAS, the Commission approved the proposed code amendment at a public hearing on April 18, 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 WHEREAS, the lodge proposal was reviewed 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 WHEREAS, 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 WHEREAS, on May 9, 1995, the Planning and Zoning Commission continued the public hearing, reviewed the proposal and staff recommendations, and voted unanimously to approve the request with conditions; and WHEREAS, 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. NOW, THEREFORE BE IT RESOLVED by the Commission that it does hereby approve a conditional use for the L'Auberge Lodge with the followinq-conditions: 1. Prior to the lodge GMQS allocation by the city Council, the applicant shall submit a revised service utility plan that has been reviewed and approved by the ACSD, and the water, electric, and engineering departments. 2. Any costs for new public services that must be installed or upgraded shall ibe borne by the applicant on a partial or full basis depending upon the specific agency's requirements. 3. Prior to the issuance of any building permits, the applicant shall file restrictions against future installation of fireplaces and woodstoves with the Environmental Health Department. 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 service/trash 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. 8. Any irrigation system that is installed shall be incompliance with the Water Conservation Code. 1 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 2 currently exist on the site. 10. 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. 11. All lighting fixtures will face downward and be shielded to eliminate the potential for glare or nuisance to neighboring properties. Lighting along the walkways will be low to the ground (approximately 3' in height) and shielded. 12. All work in the alley and public right-of-way shall require a permit from the Streets Department. 13. During construction, noise cannot exceed maximum permissible sound level standards, and construction cannot be done except between the hours of 7 am. and 10 p.m. 14. Early warning devices and fire extinguishers shall be provided in all cabins and the manager's residence. 15. 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. 16. Prior to the issuance of any building permits the applicant shall apply for an encroachment license. 17. This conditional use approval is conditioned upon successful completion of the variance request process or PUD review, Council approval of the 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 VIII, 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 Planning and Zoning Commission and joint GMQS Commission meeting shall be adhered to and considered conditions of approval, unless otherwise amended by other conditions. 20. Any 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. 3 • L APPROVED by the Commission at their regular meeting on May 9, 1995. ATTEST: Jan Ca ey, Deputy City Clerk 4 ASPEN PLANNING AND ZONING COMMISSION Bruce Kerr, Chairman • EXHIBIT #2 • BROOKE A. PETERSON LAW OFFICES OF GIDEON I. KAUFMAN" KAUFMAN & PETERSON, P.C. TELEPHONE (970) 925-8166 OF COUNSEL: HAL S. DISHLER"" 315 EAST HYMAN AVENUE, SUITE 305 FACSIMILE TERRI J. KAFRISSEN ASPEN, COLORADO 81611 (970) 925-1090 ALSO ADMITTED IN MARYLAND October 2 0 2000 •' ALSO ADMITTED IN TEXAS / Mr. Chris Bendon Aspen/Pitkin Community Development 130 South Galena Street Aspen, Colorado 81611 Re: L'Auberge D'Aspen Dear Chris: As you can see from the enclosed copy of the General Warranty Deed recorded October 28, 1992, in Book 692 at Page 829, the owner of the Property is The ALH Holding Company -Gunnison, a Colorado corporation. If you have any additional questions, please do not hesitate to call. Sincerely, KAUFMAN & PETERSON, P.C. A Professional Corporation By Gideo Kaufman GK/bw Enclosure #jWb uNlN[svN Av 7. 5 % 4350178 10/_9/9_ 14:Zq Rec 315.00 SK 692 PG 829 Davis. P:U;:n Cnty Clerk Doc s1::7.50 GENERAL WARRANTY DEED THIS DEED, made this � day of October 1992, between SWISS CHALET/RIT2BUHEL PARTNERSHIP, a Colorado general partnership of the z County of Pitkin and State of Colorado ("Grantor"), and 733 AL3 a. a 1 HOLDING COMPANY-GUNNI9 , a Colorado c � poratio�, whose legal 0O Q (-q address is -l1 S V('. /rle �,� ?l "4? of .the County of ✓,tk• ` and State of ("Grantee"): WITNEssETH: That the Grantor for and in consideration of the sum of TEN y AND N0/100 DOLLARS ($10.00), the receipt and sufficiency of which ois hereby acknowledged, has granted, bargained, sold and conveyed, 4. and by these presents does grant, bargain, sell, convey and c confirm, unto to the Grantee, its successors and assigns forever, o z all the real property together with improvements, if any, situate, a lying and being in the County of Pitkin and State of Colorado i described as Lots 1 and 2, Perkins Subdivision, consisting of Lots A, B, C, D, E, F, G, H and I, Block 38, City and Townsits of Aspen, a as shown on the Plat thereof recorded in Plat Book 10 at Page 25. EEC TOGETHER with all and singular the hereditaments and appurte- U 4 nances thereto belonging, or in anywise appertaining, and the t reversion and reversions, remainder and remainders, rents, issues and profits thereof, and all the estate, right, title, interest, claim and demand whatsoever of the Grantor, either in law or equity, of, in and to the above bargained premises, with the hereditaments and appurtenances. \ TO HAVE AND TO HOLD the said premises above bargained and ti described, with the appurtenances, unto the Grantee, its successors and assigns forever. And the Grantor, for itself, its successors and assigns does covenant, grant, bargain, and agree to and with the Grantee, its heirs and assigns, that at the time of the i— ensealing and delivery of these presents, is well seized of the premises above conveyed, has good, sure, perfect, absolute and indefeasible estate of inheritance, in law, in fee simple, and has good right, full power and lawful authority to grant, bargain, sell and convey the same in manner and form as aforesaid, and that the same are free and clear from all former and other grants, bargains, sales, liens, taxes, Pissessments, encumbrances and restrictions of whatever kind or nature soever, except those items of record listed on Exhibit "A" attached hereto. The Grantor shall and will WARRANT AND FOREVER DEFEND the above -bargained premises in the quiet and peaceable possession of the Grantee, its successors and assigns, against all and every person or persons lawfully claiming the whole or any part thereof. The singular number shall include the plural, the plural the singular, and the use of any gander shall be applicable to all genders. s ^3- ',�1� •'��•' it.� r..I' .♦ ' . M y -Nf �� - I- - / p(' �,'ti4i' VIA K� W= #350178 10/28/92 14:29 Rec $15.00 BK 692 FS SZO Silvia Davis, Pitkin Cnty Clerk, Doc s127.Z0 IN WITNESS WHEREOF, the Grantor has executed this deed on the ' date set forth above. SWISS CHALET/KIT•LBUHEL PARTNE HIP, A Colorado general-partne i By • f Norman Bacheldor, as attorney to -fact for partners, Karen ; Melville Batista, Craig W. Melville, Julie Melville Inman, 4 Frank H. Melville, Nancy r Melville Bacheldor and Susan Fib Melville Peguero n. STATE OF COLORADO ) ss. COUNTY OF PITKIN ) , before The foregoing 19 was y noo�aned and Bacheldor sworn as attorney- in -fact this day of October, 1992, by partners, Karen Melville Batista, Craig W. Melville, Julie Melville Inman, Frank H. Melville, Nancy Melvillq Bacheldor and Susan Y. Melville psgusro, of Swiss Chalet/Kitzbuhel Partnership, a Colorado general partnership. Witness my hand and official seal. My commission expires: tary Public ' Noon0� •' Y i� \ try O,•�+Kf fly i �bd10n -2- ' I 1 y'. ;r ,f - • EXHIBIT #3 Mr. Chris Bendon, Senior Planner Aspen Community Development Department 130 South Galena Street Aspen, Colorado 81611 RE: APPLICATION TO AMEND CONDITIONAL USE PERMIT FOR L'AUBERGE Dear Mr. Bendon, We hereby authorize Gideon Kaufman of Kaufman and Peterson, P.C., and Alan Richman of Alan Richman Planning Services to act as our designated representatives with respect to the land use application being submitted to your office for L'Auberge, located at 435 West Main Street. Gideon Kaufman and Alan Richman are authorized to submit an application to amend the conditional use permit previously issued to our property. They are also authorized to represent us in meetings with City of Aspen staff and the Aspen Planning and Zoning Commission. Should you have any need to contact us during the course of your review of this application, please do so through Kaufman and Peterson, P.C. or Alan Richman Planning Services, whose address and telephone number are included in the land development application. Sincerely ALH Holdings/Gunnison Michael Haisfield • EXHIBIT #4 • CITY OF ASPEN PRE -APPLICATION CONFERENCE SUMMARY PLANNER: Chris Bendon, 920.5072 DATE: 10.18.00 PROJECT: L'Auberge Conditional Use Amendment 91 REPRESENTATIVE: Alan Richman, 920.1125; Gideon Kaufman, 925.8166 OWNER: Tracy Haysfield TYPE OF APPLICATION: 1 step — Planning and Zoning Commission DESCRIPTION: The L'Auberge Lodge Owners are interested in amending their Conditional Use approval to specifically set forth the manner in which owners of individual lodge units can utilize their unit, including the amount of time each unit must be available to the general public as a traditional rental unit. P&Z Reso 95-41 allows for such an amendment to the conditional use. Land Use Code Sections: 26.425 Conditional Use Review 26.302 Common Development Review Procedures Review by: Staff for Completeness, Community Development Director for recommendation, Planning and Zoning Commission. Public Hearing: Yes, P&Z. Applicant must post property and mail notice at least 10 days prior to hearing, or at least 15 days prior to the public hearing if any federal agency, state, county, municipal government, school, service district or other governmental or quasi -governmental agency owns property within three hundred (300) feet of the property subject to the development application. Applicant will need to provide proof of posting and mailing with a affidavit at the public hearing. Referral Agencies: None. Planning Fees: $1,110 Minor Review (6-hour deposit) Referral Agency Fees: None. Total Deposit: $1,110 (additional hours are billed at a rate of $195/hour). To apply, submit the following information: Proof of ownership and letter signed by the applicant stating representative authorization. Signed fee agreement. improvement survey, site plan, or a plat map of the property. Include one large version for presentation and a reduced version for the application packet. Proposed timeframes for owner usage and general public usage. Response to the criteria for amending the text of the Land Use Code contained in Section 26.425. A copy of Reso. 95-41. Notes: • A current site improvement survey is not necessary but a plat map of other site plan that describes the property should be included. • A description of a typical unit (floor plan or pictures, etc.) would be helpful to include in the application. Disclaimer: The foregoing summary is advisory in nature only and is not binding on the City. The summary is based on current zoning, which is subject to change in the future, and upon factual representations that may or may not be accurate. The summary does not create a legal or vested right. EXHIBIT #5 LIST OWNERS WITHIN 300' OF PRCORTY 501 WEST MAIN LLC 408 AABC #202 ASPEN, CO 81611 ASPEN HOMEOWNERS' ASSOCIATION A COLO NON PROFIT CORPORATION 311 W MAIN ST ASPEN, CO 81611 BECK GLENN A PO BOX 1102 VICTORVILLE, CA 92392 ALG SECOND QUAL PERS RES TRUST C/O GILDENHORN ALMA L 2030 24TH ST NW WASHINGTON, DC 20008 BAILEY MIRANDA 1994 TRUST 50% C/O JANUS CAPITAL 620 E COOPER ASPEN, CO 81611 BLAU SETH J BLAU JUDITH 3896 DOGWOOD LN DOYLESTOWN, PA 18901 ALH HOLDING COMPANY GUNNISON A COLORADO CORPORATION 435 W MAIN ST ASPEN, CO 81611 BARTON META PACKARD 6507 MONTROSE AVE BALTIMORE, MD 21212 BLONIARZ JOHN W & DONNA L 1839 N ORLEANS ST CHICAGO, IL 60614 BOOMERANG LTD BRAFMAN STUART REVOCABLE TRUST BROWDE DAVID A 500 W HOPKINS AVE BRAFMAN LOTTA BEA REVOCABLE 176 BROADWAY STE 7A ASPEN, CO 81611 TRUST NEW YORK, NY 10038 161 E CHICAGO #30B CHICAGO, IL 60611 CARINTHIA CORP CHAMBERS PETE CITY OF ASPEN 45 E LUPINE DR PO BOX 10086 130 S GALENA ST ASPEN, CO 81611 MULONN, VA 22106 ASPEN, CO 81611 CLICK JANE COMCOWICH WILLIAM L CONDER CANDIDA E 333 W MAIN ST 420 W MAIN ST 19816 GRAND VIEW DR ASPEN, CO 81611 ASPEN, CO 81611 TOPANGA, CA 90290-3314 CRUSIUS FRANKLIN G CRETE ASSOCIATES LP CROWLEY SUE MITCHELL CRUSIUS MARGARET J 3418 SANSON STREET 409 S GREENWOOD AVE 5855 MIDNIGHT PASS RD APT 507 PHILADELPHIA, PA 19104 COLUMBIA, MO 65203 SARASOTA, FL 34242 FLECK KATHRYN DEREVENSKY PAULA DEROSE VINCENT 27 N MOORE 1128 GRAND AVE 1209 N 14TH AVE TOWER B GLENWOOD SPRINGS, CO 81601 MELROSE PARK, IL 60160 NEW YORK, NY 10013 FRANKEL KATHY REVOCABLE TRUST GOLD RANDAL S GOLDENBERG STEPHEN R & CHERYL J 444 N WELLS #303 EPSTEIN GILBERT AND MOLLIE 430 W HOPKINS AVE CHICAGO, IL 60610 PO BOX 9813 ASPEN, CO 81611 ASPEN, CO 81612 HANSEN WERNER AND HARRIET HOPP ROSALIND HUGGIN H SCOTT WINTER ERNST & SON INC C/O HOPP CLEMENT A JR AS JOINT 205 S MILL ST #3 ORDINGER WEG 12 TENANTS ASPEN, CO 81611 HAMBURG GERMANY, 22609 107 S WARBLER LN SARASOTA, FL 34236 • E ILGEN EILEEN L & JACK D & ELOISE ILGEN IN JOINT TENANCY 518 W MAIN ST ASPEN, CO 81611 JOHNSTON DANIEL R & MARGARET S 2018 PHALAROPE COSTA MESA, CA 92626 KEIM JAMES T PEITZ H QUINN JR 17550 BAR X RD COLORADO SPRINGS, CO MARCUS RENEE A 432 W HOPKINS ASPEN, CO 81611 JACOBY FAMILY LTD PARTNERSHIP CASPER J JACOBY III PO BOX 248 ALTON, IL 62002 KARP MICHAEL 3418 SANSOM ST PHILADELPHIA, PA 19102 KENDIG ROBERT E KENDIG MARILYN SUE 450 S GALENA ST STE 202A 80908-1500 ASPEN, CO 81611 MCDONALD FAMILY TRUST MCDONALD W SCOTT & CAROLINE TRUSTEES 320 W MAIN ST ASPEN, CO 81611-1614 PATERSON CHARLES G 500 W HOPKINS ASPEN, CO 81611 PRICE DOUGLAS L AND VALERIE 8611 MELWOOD RD BETHESDA, MD 20817 RISCOR INC 200 CRESCENT CT STE 1320 DALLAS, TX 75201 ROSENTHAL DIANNE PO BOX 10043 ASPEN, CO 81612-7311 MARTEN RANDOLPH 129 MARTEN ST MONDOVI, WI 54755 MCDONALD FAMILY TRUST 320 W MAIN ST ASPEN, CO 81611 PEITZ H QUINN JR KEIM JAMES T 17550 BAR X RD COLORADO SPRINGS, CO 80908-1500 RANKIN CONSULTING LLC 336 VINE ST ASPEN, CO 81611 RIVA PARTNERS LP 1717 MAIN ST STE 5200 DALLAS, TX 75201 SAMIOS CAROLE SAMIOS NICHOLAS A P 0 BOX 867 WESTMINSTER, MD 21158 JACOBY FAMILY LTD PARTNERSHIP CASPER J JACOBY III GEN PARTNER PO BOX 248 ALTON, IL 62002 KASPAR THERESA DOSS PO BOX 1637 ASPEN, CO 81612 MAC DONALD BETTE S TRUST 15 BLACKMER RD ENGLEWOOD, CO 80110 MARTIN SCOTT M C/O PARAMOUNT PICTURES 5555 MELROSE AVE HOLLYWOOD, CA 90038 MOUNTAIN STATES COMMUNICATIONS INC PO BOX E ASPEN, CO 81612 PRICE DOUGLAS 8611 MELWOOD BETHESDA, MD 20817 RICKEL DAVID 8324 BROODSIDE RD ELKINS PARK, PA 19027 ROGERS REGINA 6 WOOD ACRES RD GLEN HEAD, NY 11545 SCOTT MARY HUGH C/O RUSSELL SCOTT III & CO LLC 7000 E BELLVIEW AVE STE 120 ENGLEWOOD, CO 80111 SCOTT MARY HUGH SEALS JOHN R & CAROLYN SHEEHAN WILLIAM J AND C/O RUSSELL SCOTT III & CO LLC 4410 MEDICAL DR #400 SHEEHAN NANCY E 38 SUNSET DR SAN ANTONIO, TX 78229 10 GOLF VIEW LN ENGLEWOOD, CO 80110 FRANKFORT, IL 60423 SHERWIN KITTY P & WALTER J I NT 7017 ARANDALE RD BETHESDA, MD 20817-4701 SLOVITER DAVID SLOVITER ROSALIE 1358 ROBINHOOD RD MEADOWBROOK, PA • 8.2% SILVERSTEIN PHILIP SILVERSTEIN ROSALYN 25 KNOLLS CRESCENT BRONX, NY 10463 SLOVITER DAVID SLOVITER ROSALIE 1358 ROBINHOOD RD 19046 MEADOWBROOK, PA 19046 STASPEN LIMITED PARTNERSHIP C/O JOHN STATON 191 PEACHTREE STREET SUITE 4900 ATLANTA, GA 30303-1763 TAD PROPERTIES LTD LIABILITY CO PO BOX 9978 ASPEN, CO 81612 THALBERG KATHARINE 221 E MAIN ST ASPEN, CO 81611 TWIN COASTS LTD 110 WEST C ST STE 1901 SAN DIEGO, CA 92101 WOLOFSKY MOIRA 50% INT 129 CLARENDON AVE PALM BEACH, FL 33480 STRANDBERG JOHN J & JANE T 2510 GRAND AVE APT 2403 KANSAS CITY, MO 64108 TAD PROPERTIES LTD LLC TOWNE CENTRE PROPERTIES LLC 323 W MAIN ST STE 301 ASPEN, CO 81611 TORNARE RENE 308 W HOPKINS AVE ASPEN, CO 81611 ULLR COMMONS DEVELOPMENT CORP 75 S THIRD ST CARBONDALE, CO 81623 YOUNG PAUL III 13355 NOEL RD LB 28 DALLAS, TX 75240 SIMON LOUIS & EILEEN 1576 CLOVERLY LN RYDAL, PA 19046 SLOVITOR DAVID AND ELAINE 1358 ROBIN HOOD RD MEADOWBROOK, PN 19046 STRANDBERG JOHN J & JANE T 2510 GRAND AVE APT 2403 KANSAS CITY, MO 64108 TEMPKINS HARRY TEMPKINS VIVIAN 420 LINCOLN RD STE 258 MIAMI BEACH, FL 33139 TORNARE RENE 308 W HOPKINS AVE ASPEN, CO 81611 WHYTE RUTH PO BOX 202 ASPEN, CO 81612 0 •. ASPEN/PrrK N COMMUNITY DEVELOPMENT DEPARTMENT Agreement for Payment of City of Aspen Development Application Fees CITY OF ASPEN (hereinafter CITY) and 1 LA \�ok�,`, (hereinafter APPLICANT) AGREE AS FOLLOWS. 1. APPLICANT has submitted to CITY an application for a S� (hereinafter, THE PROJECT). 2. APPLICANT understands and agrees that City of Aspen Ordinance No. 45 (Series of 1999) establishes a fee structure for Land Use applications and the payment of all processing fees is a condition precedent to a determination of application completeness. 3. APPLICANT and CITY agree that because of the size, nature or scope of the proposed project. it is not possible at this time to ascertain the full extent of the costs involved in processing the application. APPLICANT and CITY further agree that it is in the interest of the parties that APPLICANT make payment of an initial deposit and to thereafter permit additional costs to be billed to APPLICANT on a monthly basis. APPLICANT agrees additional costs may accrue following their hearings and/or approvals. APPLICANT agrees he will be benefited by retaining greater cash liquidity and will make additional payments upon notification by the CITY when they are necessary as costs are incurred. CITY agrees it will be benefited through the greater certainty of recovering its full costs to process APPLICANT'S application. 4. CITY and APPLICANT further agree that it is impracticable for CITY staff to complete processing or present sufficient information to the Planning Commission and/or City Council to enable the Planning Commission and/or City Council to make legally required findings for project consideration, unless current billings are paid in full prior to decision. 5. Therefore, APPLICANT agrees that in consideration of the CITY's waiver of its right to collect full fees prior to a determination of application completeness, APPLICANT shall pay an initial deposit in the amount of S \\ \ O which is for Imo_ hours of Community Development staff time, and if actual recorded costs exceed the initial deposit, APPLICANT shall pay additional monthly billings to CITY to reimburse the CITY for the processing of the application mentioned above, including post approval review. Such periodic payments shall be made within 30 days of the billing date. APPLICANT further agrees that failure to pay such accrued costs shall be `rounds for suspension of processing, and in no case will building permits be issued until all costs associated with case processing have been paid. CITY OF ASPEN B �J Julie Ann Woods Community Development Director g:\support\forms\agrpavas.doc 12/27/99 APPLICANT By: Date: LA a 0 Mailing Address: �135 f 417 L,.. 51, &� Cu 21611 Co vt.►v471 RESOLUTION OF THE ASPEN PLANNING AND ZONING COMNUSSION APPROVING A CONDITIONAL USE AMENDMENT REGARDING OWNER OCCUPANCY OF INDIVIDUAL UNITS FOR THE L'AUBERGE LODGE, 435 WEST MAIN STREET, LOTS A -I, BLOCK 38, CITY AND TOWNSITE OF ASPEN. Parcel No. 2735.124.50.053 Resolution No. 00 - 60 WHEREAS, the Community Development Department received an application from ALH Holding Company — Gunnison, a Colorado Corporation, owner of the L'Augberge D'Aspen located at 435 West Main Street, Aspen, Colorado, for an amendment to the conditional use approval granted by the City of Aspen, pursuant to Planning and Zoning Commission Resolution 95-41, to set forth the manner in which owners of individual lodge units can occupancy their unit; and, WHEREAS, pursuant to Planning and Zoning Commission Resolution No.95-41, substantial changes in the manner in which the property operate as a lodge are required to be reviewed as an amendment to the conditional use approval and may be approved by the Planning and Zoning Commission pursuant to the criteria and procedures of conditional use review. Chapter 26.425 and the City of Aspen Land Use Code; and, WHEREAS, the Community Development Director reviewed this application pursuant to the review criteria set forth in Chapter 26.425 and recommended the Planning and Zoning Commission not approve the amendment to the approved conditional use. and, WHEREAS, during a duly noticed public hearing on November 14, 2000, the Planning and Zoning Commission considered the recommendation made by the Community Development Director and comments from the general public and approved, with conditions, by a four to zero (4-0) vote, the conditional use amendment regarding the manner in which owners of individual lodge units may occupy their units. NOW, THEREFORE BE IT RESOLVED by the Commission: The conditional use for the L'Auberge D'Aspen lodge operation is hereby amended to permit owners of individual lodge units to occupy their unit such that each unit remains available to the general public for short-term occupancy periods at least six months of each calendar year, subject to the following conditions: 1. The general public includes all persons with no ownership interest in the property. Unit owners are not considered the general public for the purposes of this conditional use amendment. 2. The applicant shall provide a copy of the condominium declarations and a standard sales contract to the City of Aspen Community Development Department and said documents shall clearly identify this six-month owner occupancy provision, require amendments to the condominium declaration regarding this provision to be PZ Reso. No. 00-60 Page i • • reviewed by the City of Aspen, and shall permit the owners association to enforce the six month owner occupancy provision. 3. The L'Auberge D'Aspen Condominium Owners Association shall diligently enforce the six-month provision on their own and upon written request by the City of Aspen. 4. The six month owner occupancy provision shall apply only to the lodge units, identified as "cabin units" on the condominium plat, and shall not apply to the single family home located at the comer of Fourth and Main Streets, identified as "house" on the condominium plat. The house shall operate consistent with regulations that apply generally to single-family houses. 5. The applicant shall record this Planning and Zoning Resolution with the Pitkin County Clerk and Recorder located in the Courthouse Plaza Building. There is a per page recordation fee. In the alternative, the applicant may pay this fee to the City Clerk who will record the resolution. 6. All material representations made by the applicant in the application and during public meetings with the Planning and Zoning Commission shall be adhered to and considered conditions of approval, unless otherwise amended by other conditions. 7. The condominium declarations shall describe the term "available," as used in the requirement that units be available to the general public, as meaning rental rates consistent with the market. APPROVED by the Commission at its regular meeting on November 21, 2000 APPROVED AS TO FORM: CD I _LJ4_ City Attorney ATTEST: /,,ackie Lothian, puty City Clerk PLANNING AND ZONING COMNQSSION: Robert Blaich, Chair PZ Reso. No. 00-60 Page 2 LEGEf D O FOUND SURLY MONUMENT AS DESCRIBED ® MANHOLE STREET -LILT ❑ UTILITY EIL A SURVEY COLTROL CITY MONU ENT ® GAS' { ® ELECTRIC o+` UNIW BOU ARY THESE BOUNDARIES ARE AT RIGHT ANGLES TO THE EXTERNAL PROPERTY LINES ZONE DISTRICT: 0 -OFFICE- WATERLINE IS LOCATE IN MAIN STREET ALL OTHER UTI;LIT;IE ARE LOCATEE IN THE ALLEY. i DITCH GRATES HOUSE UNIT A ?0- 2_ 7 RESERVED OPEN SPACE ae h ao ''►FL PLAT I.DEDICATION I. CEO IF.I-CATION OF OWNERSHIP ' KNOW ALL ME BY THESE PRESENTS: �. Q I I [� [� j (� Ii C I� R ALH HOLDING COMPANY-GUNNISON INC. A COLORADO CORPORATION L / \ U B R V D A S P N HEREBY CONFIRMS AND ACKNOWLEDGES THAT IT IS THE SOLE OWNER OF THE I. THAT HE ALH HOLDING COMPANY-GUNNISON� INC. ('DECLARANT') PROPERTY DESCRIBED HEREIN. IS THE OWN R OF THAT REAL PROPERTY SITUATED IN PITKIN COUNTY, A COMMON INTREST COMMUNITY COLORADO NO LYING SECTIONS 12 T.10 S. R.85 W. THIS PLAT AMENDS PERKINS SUBDIVISION PLAT ALH HOLDING COMPANY-OUNNf50N,'INC. OF BEINGEMORE PARTICULARLY DESCRCOUNTY OF IBEDIASTATE OF FOLLOWSCOLORADO (-PROPERTY-), RECORDED IN PLAT BOOK 10 AT PAGE 25. LEGAL ESCRIPTION BY: AUDRE E HA FIEL , PRESIDENT LOTS I AND 2 PERKINS SUBDIVISION CONSISTING OF LOTS A, B, C� D E, F, G, H AND I LOCK 38, CITY AND TOWNSITE OF ASPEN AS SHOWN ON THE UT STATE OF C01-O RIFIMM) T�IEREOF DE ORDED IN PLAT BOOK IO.AT PAGE 25, CONTAINING 0.620 ACRES, 1 S5. MORE OR LE S. rL COUNTY OF P� h 1 2. THAT DECLARANT HAS CAUSED SAID REAL PROPERTY TO BE LAID THIS PLAT S BE N DULY ACKNOWLEDGED BEFORE ME THIS - .� Q U B(/ OUT SURVEYED AND SUBDIVIDED AS 'L'AUSERGE D'ASPEN ' ('SUBDIVISION') IN DAY OF _b �]E 1999 BY AUDREY LEE HAISFIELD AS PRESf OF' "•:C PITKIN COU TYii COLORADO SUBJECT TO THE EASEMENTS AND OTHER LIENS ALH HOLDING COMPANY-GUN�IISON, INC. h,?' AND ENCUMB ANGES SHOWN OR DESCRIBED ON THIS PLAT OR IN THE DECLARATIONOF COVENANTS, CONDITIONS AND RESTRICTIONS, RECORDED WITNESS MY HAND AND OFFI 1AL SEAL. Zi O� O� O AS RECEPTION NO. MY COMMISSION XPIRES:.`7L111A .A 00 0 tg�5 fop ('DECLARAT ON'I AND INCORPORATED BY REFERENCE HEREIN. s.`+•., ..«..•" III . THE RESERVATIONS NOT A Y PUBL IC TgT)3 OF C' THE DECLAR N7 HEREBY RESERVES TO ITSELF AND ITS SUCCESSORS AND : 2. LENbER'S CERTIFICATE ASSIGNS T E FOLLOWING: 1. DEVE OPMENT. THE RIGHT TO ENTER UPON THE PROPERTY FOR THE UNDERSIGNED FOR THEMSELVES THEIR SUCCESSORS, AND ASSIGNS AS THE PERFOR ANCE OF ANY WORK FOR THE DEVELOPMENT OF ANY PROPERTY, BENEFICIARY (OR ASSIGNEE) OF THE DEEDS OF TRUST OR ASSIGNMENTS, RECORDED IN AND THE RI HT TO GRANT ADDITIONAL EASEMENTS AND RELOCATE AND/OR BOOK 692 AT PAGES 832 $34 840 AND 881 HEREBY CONSENTS TO THE RECORDING ' SUBSTITUTE EXISTING EASEMENTS WITH RESPECT TO THE PROPERTY AS MORE OF THE FINAL PLAT OF L'AUB�RGE D'ASPEN AND AGREES THAT NO FORECLOSURE OR SPECIFICAL Y SET FORTH AND RESERVED IN THE DECLARATION. D�CLARANT THE ENFORCEMENT OF ANY REMEDY PURSUANT TO THAT DEED OF TRUST HAS RESERV D THE RIGHT TO DEVELOP AND SELL THE DEVELOPMENT AS SHALL IMPAIR/ INVALIDATE, SUPFaSEDE� OR OTHERWISE AFFECT THE APPROVED I THE DEVELOPMENT APPROVALS AND RESERVES THE RIGHT TO COVENANTS, RESTRIC710NS� AND EMENT` 1TABLISHED HEREIN. GRANT AND ELOCATE EASEMENTS AS MAY BE NECESSARY FOR THAT DEVELOPMENT. VECTRA ANK FORMERLY PITK N SWISS CHALET/KITZBUHEL C ANK AN T T PARTNERSHIP 2. SUCCESSORS AND ASSIGNS. SUCCESSOR AND ASSIGN OF DECLARANT, AS USED HEREIN SHALL BE DEEMED A SUCCESSOR AND ASSIGN OF DECLARANT OR THE PURPOSES HEREOF ONLY IF SPECIFICALLY DESIGNATED �/-- BY DECLARAT BY AN INSTRUMENT RECORDED IN THE RECORDS OF PITKIN BY: BY: " COUNTY CO ORADO ANDONLYTO THE PARTICULAR RIGHTS AND INTERESTS SPECIFICAL Y DESIGNATED THEREIN. STATE F COLOR satA;Ry r)S 3, WORD AND PHRASES. THE MEANING OF WORDS AND PHRASES ROOF ENCROACHWNT AGREEMENT : f RECEPTION N0. COUNTY OF PITK*0g�4 G USED HEREI SHALL HAVE THE SAME MEANING AS THOSE DEFINED IN THE 441278 a"^ s �di$t1�+ DECLARAT I O MA T E FOREGOING WAg ACKNOWLEDGED THIS _1�� _�kY OF �� CURS CUT ! %'% [��b OmG� I Sri FEt k Vag _. AS Karam j� �r�iifaP�l - OF VE�TR.A BANS rq,}NiRim IV. EASEMENTS C \. R O•W- IO RFET WITNESS MY OFFICIAL SEAL " +dICOMMISSy1102m, Ipp41' DECLARANT HEREBY RESERVES' FOR ITSELF ITS SUCCESSORS AND ® \� 0.00. MY COMMI SIQr1��1PIRES: ASSIGNS AND GRANTS) SUBJECT TO THE E}�SEMENTS AND OTHER 11G Gw ENCUMBRAN ES SHOWN OR DESCRIBED ON THIS PLAT AND OTHERWISE `) Q 1) TcNNOTARY 'PUBLIC + ( CREATED 0 RESERVED HEREIN THE FOLLOWING: .� s(} tk g 1. UTI ITY EASEMENT. A NON-EXCLUSIVE EASEMENT TO DECLARANT ` h -• \ STATE OF COLORADO) s =, ITS SUCCE SORS AND ASSIGNS ('DECLARANT"), THE ASSOCIATIONt AND TO • N ) SS: UTILITY P OVIDERS OVERT ACROSS AND UNDER (A) ANY PORTIONS OF THE • W a \ COUNTY OF PITKIN ) �{�BC?' PROPERTY ESIGNAT ED AS 'UTILITY EASEMENT' ON THIS PLATS FOR THE •r:,•, INSTALLATION AND MAINTENANCE OF ALL UTILITIES INCLUDING WITHOUT M �s:, LIMITATIO ELECTRIC, GAS, CABLE TELEVISION, TELEPHONE WATER AND i • UNIT N • 3 ige09'ICONC' W,ILK - : `.', THE MELV*ALS.L2KNOWLADGED HIS iv DAY OF 99 BY : 75. ( {Eg'r SEWER:. AN (B1 ANY PORTIONS OF THE PROPERTY WHICH MAY DE DESIGNATED 25 • E `�. CURS CT S A jZ� BY DECLAR NT PURSUANT TO RESERVATIONS AND RIGHTS OF DECLARANT • CABIN r 26 -� CURS KITZBUHEL. to- PROVIDED EREIN OR IN THE DECLARATION CONCERNING THE PROPERTY] • ry e : UNIT • •. 9 8l 84S `\ AND GUTTER WITNESS MY OFFICIAL SEAL INCLUDING�'.,'' ., SH/ILLTUTILETYBBE COMPANCESED IN THE EXERCISE THEMRNGHTSAHEREIN GRANTEDSOAS •• "' i �4_ +� R00 OF BEA MY C hM ;S19 EXPIRES: TO INTERFERE WITH THE USE OF THE UNITS PURPOSES EXCEPT TO THE EXTENT NOS REASONABL AND TIMELY NECESSARY AND lCl ANY PORTIONS OF THE PROPERTY NOTARY-' 4BLIC r PRESENTLY USED FOR OVERHEAD UTILITIES BETWEEN OVER UNDER AND ACCROSS CABIN • 01raI GRATE , , • CABIN • J / 2 �ry UNIT • Rppl �� "" �� . AIhO May �y'LOe! U SOU `� ��a THE CABIN UNITS AND COMMON AREAS. • UNIT I J o • 26 COA"O O^l� Jy 'I THE UNDERSIGNED FOR THEMSELVES 7HEIR'SUCCESSOR No S1GN5 A5 BENEFICIARIES 2. IRR GA710N AND DRAINAGE EASEMENT. A NON-EXCLUSIVE 24 • • �€ • N ARE^ �` OF THE DEED OF TRUST RECORDED ON DULY 21, 1986 IN BOOK 514 AT PAGE 790 HEREBY IRRIGATIO AND DRAINAGE EASEMENT TO THE DECLARANT AND THE • o I •.• �- ® CONSENT TO THE RECORDING OF THIS FINAL PLAT AND AGREES THAT NO FORECLOSURE OR ASSOCIATI N INCLUDING THE RIGHT OF VEHICULAR ACCESS TO MAINTAIN s • • �`""" THE ENFORCE NT OF ANY OTHF EMEDY W IMPAIR THE VALIDITY OF THIS FINAL PLAT. THEM AS M Y�BE ADVISABLE FOR THE INSTALLATIONS CONSTRUCTION AND MAINTENAN E OF IRRIGATION AND DRAINAGE WITHIN THE SUBDIVISION. CABIN • : • `•. I CABIN > • 3. MOU E UNIT ACCESS EASEMENT, A NON-EXCLUSIVE EASEMENT TO • UNIT .� • •sCABIN , "� UNIT • , THE OWNER AND GUESTS OF THE HOUSE UNIT FOR DRIVEWAY PEDESTRIAN COON • 2I „UNIT ., • ' ^ 29 ^ I MARY E. PERKINS ACCESS A D PARKING PURPOSES OVER AND ACROSS THE COMMON AREA AREA I I N 27 .; CABIN N • / LOCATED B TWEEN THE BOUNDARY OF THE HOUSE UNIT AND THE COMMON • I • Iu STATE OF OLORADO) BOUNDARIE OF "NI TS'20 24 AND 25 SUBJECT TO THE ASSOCIATION'S RULES �� • 8' I •�i „ UNIT • r CABIN �QQf/�2�1 • r AND REGUL T I ONS DESCR I dED IN THE DECLARATION, ��.. •;� 8 2a • J I _ • UNIT 19 COUNTY O�P7*4 ) • / / • / 921147 4. CO ON AREA PARKING.' THE COMMON AREAS SHALL BE MADE AVAILABLE BY THE • s THE FOREGOING WAS ACKNOWLEDGED THIS DAY j TN99 BY THE ASSOCIATION FOR THE PARKING OF ONE OPERABLE VEHICLE FOR THE USE OF THE CABIN • •` • �o MARY E. PERKINS OF THE 0 ERS AND THEIR GUESTS OF EACH CABIN UNIT, FOR A TOTAL OF J PARKING UNIT •` +` 1P •�• AA SPACES A SUCH IS FURTHER DEFINED AND DESIGNATED IN THE DECLARATION. THE • 20 27 I` - ��4.2 WITNESS MY OFFICIAL SEAL I M � ASSCOIITI N MAY RELOCATE AND DESIGNATE SPECIFIC PARKING AREAS FOR USE BY • d' I • e �..J MY COMMISSION EXP RES: 1I1/.zy�t� OWNERS AN GUESTS AND IMPOSE REGULATIONS FOR THE USE THEREOF. r • CABIN �•• e ...' •'�hrk�• *' +.d • • ,� ,ac'I 5. CO ON AREA SPA,, THE COMMON AREAS SHALL BE MADE UNIT . , CO o NOTARY PU8LI (r;. AVAILABLE FOR USE BY THE OWNERS AND THEIR GUESTS FOR A SPA AND DECK s 11 • `v AS SUCH I SHOWN ON THIS PLAT AND AS FURTHER DEFINED AND DESIGNATED ••J � • n CABIN - �ON ARIA ~• o "- - - e / o '� IN THE DE LARATION. .THE ASSOCIATION MAY RELOCATE THIS SPA AND DECK % UNIT • �•. * o low BRCR'OA0*vNT AWEMENt 3. T 1 TLE EXAMINER NER' S CERT I F 1 CATE / • : 3 1 2 ti r RECE►tION NO.�.L�� r WITHIN T COMMON AREA AS IT DEEMS NECESSARY AND ADVISABLE AND (� • / ^r o • TTIZ?� HttRVINCENT J. HI AS 'SIDENT OF " 7KIN r INC. DO MAY IMPOSEREGULATIONS FORTHE USE THEREOF. `•• CABIN • �•. COMMON • s CAS IN W E EBY CERTIFY THAT HAV AUSED AN IINATION TO-11f MADE OF THE • UNIT • . AREA SPA hw PROPERTY AND BASED ON THAI EXAMINATION- ALH HOLDING COMPANY- 6. PEDESTRIAN PATH THE COMMON AREAS SHALL BE MADE ,4 • I s 13 r •� UNIT r Y' GUNNISON/ INC. IS THE OWNER IN FEE SIMPLE OF THE PROPERTY FREE AND AVAILABL FOR A PEDESTRIAN PATH AND WALKWAY AND MAINTENANCE �. • . CABIN MECH. 'r e :' 18 CLEAR OF ALL LIENS AND ENCUMBRANCES EXCEPT AS SHOWN AND DESCRIBED THEREOF VER AND ACROSS THOSE PORTIONS OF THE COMMON AREAS.' THE suN1T i • u 3 ON THIS PLAT AND A N TITLE COMMITMENT NO. PCT 16747P WHICH WOULD ASSOCIATION MAY RELOCATE THIS PEDESTRIAN PATH AS IT DEEMS NECESSARY /t,I • r 14 '� b CAB1 �•� .COMMON ARE 'Al • ADVERSELY AFFECT THE INTENDED USE OF THE PROPERTY TO WHICH OR ADVIS BLE. AND MAY IMPOSE REGULATIONS FOR THE USE THEREOF. PIS `•� • I UNIT • • v Fti DEDICATIONS AR MADE TO THE PU^By IC.-'.^ EVENT 15 • �� M41 g CKa - AS 'COMM N7. OAREAEA'AMAYTHBEAREA MAINTAOWN ON INED BYHE THECABIN PLAT ,• • r`• `. 2 u DATED THE Y OF , 1999. S UNIT • • 0 ASSOCIATION AS SET FORTH IN THE DECLARATION FOR MECHANICAL AL 7g°Og (M E • S )6 ro• CABIN •• H EOUIPMEN AND STORAGE. o}' p� O ?6g d( '•� • • ►/ s UNIT ^ BY VINCENT J. N 8. BOILER ROOM, THE ASSOCIATION SHALL OWN THE BOILER ROOM AND ITS CONTENTS W U c • 17 '`•, Ar LOCATED WITHIN CABIN UNIT 17 WHICH SHALL BE USED FOR THE BENEFITS OF CABIN • STATE OF COLORADO UNITS 13 THROUGH 19 INCLUSIVE. ,2's rr COUNTY OF PITKIN 1 SS 9. RESERVED OPEN SPACE. NO PARKING OR STRUCTURES SHALL BE PERMITTED • ` ACKNOMLEO�GEDBEFOREAMWNSR'S ERTIFDAVT HAS. BEN . LY ��r `1999 OPEN SPACE*. TR4Sp WITHIN T AT AREA WITHIN HOUSE UNIT A DESIGNATED AS RESERVED ME OF ENCROACHMENT AGREEMENT BY V I NCENT J. H 1 GENS AS PR F PITKINCOUNTY TITLE, I NC . . BOILER ROOM 25947 RECEPTION NO. 396080 Qs ,, •„ p WITNESS MY HAND AND OFF eRi SEAL> MY COMMISSION EXPIRES:. 4 tx Y 4 y wfbwa V. PLAT NOTES Ml� 1. AL REFERENCES TO THE RECORDED DOCUMENTS REFERRED TO L� THE REAL ESTATE RECORDS OF THE CLERK AND RECORDER OF PITKIN COUNTY, NI JBI ICO%COL�N COLORADO 4• COMMUNITY DEVELOPMENT DIRECTOR APPROVAL VI, SURVEYOR'S NOTES 1. DA E OF PREPARATION AUGUST, 1999. THIS PLAT IS HEREBY APPROVED BY THE COMMUNITY D 1 MENT 0 CrTTOR�OF� THE TG_OF ASPEN COLORAADDOO, THIHIS .� DAY OF 2. BE RINGS ARE BASED ON NORTH LINE OF BLOCK 38 AS SHOWN.' IMON crFAI�CODE b T•HHEE CITY ASPS CM OF THE 3. RE ORDED EASEMENTS AND RIGHTS OF WAY ARE SHOWN ACCORDIN TO PITKIN COUNTY TITLE INC. TITLE CASE NO. 6747Py EFFECTIVE DATE: 7/01/46. -D R 4. THIS PROPERTY IS SUBJECT TO MINERAL.RIGHTS AND RIGHTS OF WAY FOR ITCHES OR CANALS CONSTRUCTED BY THE AUTHORITY OF THE UNITED S 'ATES IN UNITED STATES PATENTS RECORDED IN BOOK AT PAGE 5, CITY ENGINEER'S -APF, VAL. 5. IN ACCORDANCE WITH C.R.S. 3-80-105: NOTICE: ACCORDING TO COLORADO LAW YOU MUST COMMENCE ANY LEGAL ACTION BASED UPON ANY THIS PLAT IS HEREBY APPROVED FOR CONTENT AND FORM ONLY AND DEFECT I THIS SURVEY WITHIN THREE (3) YEARS AFTER YOU FIRST DISCOVER NOT THE ACCURACY OF SURVEYSj CALCULATIONS OR DRAFTING,,PURSUANT TO SUCH DEF CT: 1N,NO EVENT MAY ANY ACTION BASED UPON ANY DEFECT IN C.R.S. 1973 38-51-1 AS AMENDED, HE ENG NEER OF THE CITY OF ASPEN, THIS SUR EY 8E COMMENCED MORE THAN TEN (10) YEARS FROM THE DATE OF COLORADO, T♦'I IS �Q bAY OF /�//a��`3-� ow.. sQOO THE CERTIFICATION SHOWN HEREON. 7. CLERK AND RECORDER'S CERTIFICATE ATTEST: Ie - STATE OF COLORADO ) CLERK COUNTY OF PITKIN 1 SS. BY I HERE Y CERTIFY THAT THIS INSTRUMENT WAS F.4,0 IN MY OFF CE A �Y ENGINEER O'CLOCK,. M.r THIS DAY OF ANI RECO I LAT BOOK .-�T PA E AS 6. SURVEYOR'S CERTIFICATE RECEPTION NO. - IN THE RECORD IN COUNTY, COLORADO. O . 1 JOHN HOWORTH ;A DULY REGISTERED PROFESSIONAL, _ G DRAWING INDEX 4AND SURVEYOR IN THE STATE. OF COLORADO, DO HEREBY CERTIFY THAT THIS Id o PLAT OF 'L'AUSERGE D'ASPEN TRULY AND CORRECTLY REPRESENTS THE SHEET I SITE PLAN CERTIFICATES PI IN COUN ER A ORDER F ° a RESULTS OF A SURVEY MADE UNDER MY DIRECT, PONSIBILITY SUPERVISION .. ;� AND CHECKING1 WHICH SURVEY"'"AS PREP'RF.O (�1 ORDANCE WITH SHEET 2 UNIT DIMENSIONS PREPARED BY !iss M HAND AND OFFICIAL SE w r y0 ARTICLE 51 OF TITLE 38 OF = COLC i� wJl 'S?,TUTES AND THAT THIS O♦ CO PLAT CONTAINS ALL THE INFGni9AT I ON .•�w RFp ( :i(.OLORADO REVISED MY C S; NpF STATUTES 38-33.3-209. SURVEY PR FfA eTHAN 1-10,000. �+ DATE: ASPEN SURVEY ENGINEERS) INC. NOTAR�t�BtTC COLORADO R GIS EKED PRO FESSIONA �i - LAND SURVEYOR NO. 25947 210 SOUTH GALENA STREET vq,ASPEN, COLORADO 81611 PHONE/FAX (970) -925-3816 ` s DATE JOB �• - 10/09 120341 SHEE i OF 2