HomeMy WebLinkAboutlanduse case.lodge lottery.130 W Cooper Ave.A81-96 CASELOAD SUMMARY SHEET- CITY OF ASPEN
DATE RECEIVED: 11/4/96 CASE# A81-96
DATE COMPLETE: STAFF: Stan Clauson
PARCEL ID# 2735-124-69-005
PROJECT NAME: Fireside Lodge Small Lottery Application
Project Address: 130 W. Cooper Ave.
APPLICANT: Sam Houston
Address/Phone: 620 E. Hyman Ave. Aspen 81611 925-8664
REPRESENTATIVE: Holland&Hart
Address/Phone: Art Daily 925-3476
RESPONSIBLE PARTY: Applicant Other Name/Address:
FEES DUE FEES RECEIVED
PLANNING $0 PLANNING $ #APPS RECEIVED
ENGINEER $0 ENGINEER $ #PLATS RECEIVED
HOUSING $0 HOUSING $ GIS DISK RECEIVED:
ENV HEALTH $0 ENV HEALTH $
CLERK $0 CLERK $ TYPE OF APPLICATION
TOTAL $ TOTAL RCVD $ Staff Approval
Review Body Meeting Date Public Hearing ?
I P&Z DYes ❑No
I CC ['Yes :No
I CC (2nd reading) ❑Yes ❑No
REFERRALS: -
❑ City Attorney ❑ Aspen Fire Marshal ❑ CDOT
❑ City Engineer ❑ City Water ❑ACSD
❑Zoning ❑ City Electric ❑ Holy Cross Electric
❑ Housing ❑ Clean Air Board ❑Rocky Mtn Natural Gas
❑ Environmental Health ❑ Open Space Board ❑ Aspen School District
❑ Parks ❑ Other: ❑ Other:
DATE REFERRED: INITIALS: DATE DUE:
APPROVAL: Ordinance/Resolution# Date:
Staff Approval �,,3,,4 (2 Date:
Plat Recorded: , ` Z,�' ZA'"',' 4-- Book , Page
CLOSED/FILED DATE: lc} 'V 'f; INITIALS: , I/ILkJ ., -3--b.,,�;,�,
ROUTE TO: 6,,77 l (.u'A et / 47 r99
2
/` fitr./-
HOLLAND & HART LLP
ATTORNEYS AT LAW
DENVER•ASPEN 600 EAST MAIN STREET TELEPHONE(970)925-3476
BOULDER•COLORADO SPRINGS ASPEN,COLORADO 8161 1-1953 - - - FACSIMILE(970)925-9367
DENVER TECH CENTER
BILLINGS•BOISE
CHEYENNE•JACKSON HOLE
SALT LAKE CITY
WASHINGTON,D.C. ARTHUR C.DAILY
adaily@hollandhart.com
November 4, 1996
HAND DELIVERY
Stan Clauson NOV 00 4 1996
City of Aspen Planning Director
Community Development Department
130 S. Galena Street
Aspen, CO 81611
Re: Fireside Lodge - Lottery Application
Dear Stan:
I'm enclosing an original and one copy of a Small Lodge Conversion Lottery
Application for the Fireside Lodge property at 130 West Cooper Avenue, Lots K, L, M, N,
0 and P, Block 61, City and Townsite of Aspen. The Application is submitted on behalf of
Sam Houston (and/or assigns), who is under contract to purchase the subject property from
Monica and Peter Mocklin. Authorization letters are included with Attachment 2 to the
Application. You'll note that to the extent necessary, the Mocklins are co-applicants.
As you and I have discussed several times over the past week, the regulations and
procedures that govern the Lottery and the subsequent Change in Use Application are not
fully defined at this time. Accordingly, the Applicant reserves the right to make such
adjustments in the Applications as may be necessary or appropriate to bring them into
compliance with Aspen's Land Use Regulations.
If you need additional documentation or information, please don't hesitate to call me.
Sincerer,
Arthur C. Daily
for Holland & Hart LLP
ACD/caf
Enclosure
cc: Sam Houston (w/copy) (Hand Delivered)
Monica and Peter Mocklin (w/copy) (Hand Delivered)
Sunny Vann (w/copy)
ATIACHMENII 1
LAND USE APPLIC;ITICN F
1) Project Name Fireside Lodge
•
2) Project Location 130 West Cooper Ave. , Lots K, L, M, N, 0 and P, Block 61,
Aspen, CO 81611 lot(1 tx lute , lot & block 'umber, legal.description %%here
appropriate)
3) Present Zoning RMF 4) Mt Size 18,000 sf
5) Applicant's Name, Address & phone $ Sam Houston' and/or assigns,
620 E. Hyman Avenue, Aspen, CO 81611. Phone No. 970-925-8664.
6) Representative's Name, Address & Phone # Arthur C. Daily, Esq. (925-3476) , Holland &
Hart, 600 E. Main St. , Aspen, CO 81611, and Sunny Vann, Vann Associates,
230 _E. Hopkins Ave., Aspen, CO 81611 (925-6.958)
7) Type of Application (please check-all that apply):
•
Conditional Use Conceptual SPA Conceptual Historic Dev.
Special Review Final SPA • Final Historic Dev.
8040 Green Ll?ne Conceptual POD Minor Historic or c_ Dev.
Stream Margin Final HUD Historic is De oLitiai
Mountain View Plane Subdivision a Historic Designation
Conianinionization Text/Map Amendment Q Allotment
7fJt Split/Lot Line g Small Lodge Conversion/ MOS Exemption
Adjustment i Ilibri/
8) Dasm-iption of Existing Uses (amber and type of existing structures;
approximate sq. ft.; number of bedrooms; any previous ovals granted to the
prcPertY)
Fireside Lodge building, containing 20 lodge rooms and a 3500-square font
(90 seat) restaurant
9) Description of Development Applicmitim.
See attached Responses to Attachments 2 and 3
•
10) Have ytiu attached the following?
Yes Response to Attathment 2, Minima SI*gnigSiai Contents
Yes Resixxise to Attaciament 3, Specific &g-irnissicn ccritaits
Response to Attachment 2
Lottery Application
(Small Lodge Conversion)
1. Applicant: Sam Houston and/or assigns, 620 East Hyman,
Aspen, CO 81611. Phone No. 970-925-8664. Representative
authorization letters attached hereto as Exhibit A.
2. Subject Property: The Fireside Lodge, 130 West Cooper
Avenue, Lots K, L, M, N, 0 and P, Block 61, Aspen, CO 81611.
3 . Disclosure of Ownership. See Title Insurance
Commitment attached hereto as Exhibit B.
4 . Vicinity Map. See attached Exhibit C.
18257.
S
EXHIBIT A
Aspen/Pitkin Community Development Department
130 South Galena Street
Aspen, CO 81611
Re: Authorization to Submit Small Lodge Applications
Ladies and Gentlemen:
Please consider this letter authorization for Sam Houston and/or his authorized
representatives to submit a Small Lodge Conversion Lottery Application and a Small Lodge
Change in Use Application for the property at 130 West Cooper Avenue, Lots K, L, M, N, 0
and P, Block 61, City and Townsite of Aspen, commonly known as the Fireside Lodge. Mr.
Houston and/or his representatives are hereby authorized to act on our behalf with respect to all
matters reasonably pertaining to the aforementioned applications, and we hereby join as co-
applicants in such applications.
Sincerely,
1; r-
r�
(, 1 \ L
MO <�. Mockli J
A/3 i / /
'-t`r T ocklin .
Date: November 1, 1996
•
EXHIBIT A
Aspen/Pitkin Community Development Department
130 South Galena Street
Aspen, CO 81611
Re: Permission to Represent
Ladies and Gentlemen:
Please consider this letter authorization for Arthur C. Daily, Esq., of Holland & Hart
LLP, and/or Sunny Vann of Vann Associates, to represent us in the processing of our Small
Lodge Conversion Lottery Application and our Small Lodge Change in Use Application for the
property at 130 West Cooper Avenue, Lots K, L, M, N, 0 and P, Block 61, City and Townsite
of Aspen, commonly known as the Fireside Lodge. Mr. Daily and/or Mr. Vann are hereby
authorized to act on our behalf with respect to all matters reasonably pertaining to the
aforementioned applications.
Sincere y,
Siitlfouston and/or assigns
Date: November 1, 1996
i1n11
•
o EXHIBIT B
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Commitment for Title Insurance
Fidelity National 71tle Insurance Company
A Stock Company
COMMITMENT FOR TITLE INSURANCE
FIDELITY NATIONAL TITLE INSURANCE COMPANY,a Corporation,herein called the Company,for valuable
consideration,hereby commits to issue its policy or policies of title insurance,as identified in Schedule A,in favor
of the proposed insured named in Schedule A,as owner or mortgagee of the estate or interest covered hereby in
the land described or referred to in Schedule A,upon payment of the premiums and charges therefore;all subject
to the provisions of Schedules A and B and to the Conditions and Stipulations hereof.
This Commitment shall be effective only when the identity of the proposed Insured and the amount of the
policy or policies committed for have been inserted in Schedule A hereof by the Company,either at the time of
the issuance of this Commitment or by subsequent endorsement.
n all and
preliminary to the issuance of such policy or policies of title insurance and liability This Commitment is p y P
the effective date hereof or when the policy
obligations hereunder shall cease and terminate six(6)months after P
or policies committed for shall issue, whichever first occurs, provided that the failure to issue such policy or
policies is not the fault of the Company. This Commitment shall not be valid or binding until countersigned by an
authorized officer or agent.
IN WITNESS WHEREOF,the Company has caused this Commitment to be signed and sealed,to become valid
when countersigned by an authorized officer or agent of the Company,all in accordance with its By-Laws. This
Commitment is effective as of the date shown in Schedule A as "Effective Date."
IIP PPTRIN COUNTYTITLE, IN Fidelity National Title Insurance Company
601 EAST HOPKINS, 3RD FLOOR
ASPEN, CO 81611
(970) 925-1766 BY LE 0,s iso,
J
92 oOpPOR rqs
SEAL s President
so, ATTEST
C)0\ 15ik913+ClA\9,—)
Countersigned L ��� Secretary
Authoriz;r : re
FORM 27-83-66(9/94)
ALTA COMMITMENT-1966 Valid Only if Schedule A and B are Attached
The conditions of this commitment require that the premium and charges be paid prior to the issuance of the title policy(s).Therefore,no policy(s)will be issued
until the charges have been remitted to the issuing agent.
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SNOILV111dILS ONV SNOI1IONO)
• I
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&12AFNr
COMMITMENT FOR TITLE INSURANCE
SCHEDULE A
1 . Effective Date : 10/01/96 at 08 : 30 A.M.
Case No. PCT11298
2 . Policy or Policies to be issued:
(a) ALTA Owner ' s Policy-Form 1992 Amount$ 2 , 600 , 000 . 00
Premium$ 4 , 824 . 00
Proposed Insured: Rate : STANDARD
SAM HOUSTON
(b) ALTA Loan Policy-Form 1992 Amount$
Premium$
Proposed Insured: Rate :
Tax Certificate $20 . 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:
PETER MOCKLIN and MONICA MENGA MOCKLIN
4 . The land referred to in this Commitment is situated in the County
of PITKIN, State of COLORADO and is described as follows :
LOTS K, L, M, N, 0 AND P, BLOCK 61, CITY AND TOWNSITE OF ASPEN.
COUNTY OF PITKIN, STATE OF COLORADO.
ISSUING COMPANY: FIDELITY NATIONAL TITLE INSURANCE COMPANY OF CALIFORNIA
By: PITKIN COUNTY TITLE, INC. Schedule A-PG. l
601 E . HOPKINS This Commitment is invalid
ASPEN, CO. 81611 unless the Insuring
970-925-1766 Provisions and Schedules
970-925-6527 FAX A and B are attached.
AUTHORIZED AGENT
0
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 :
1 . Re-recordation of Deed recorded January 8, 1996 as Reception No.
388956 from Peter Mocklin to Peter Mocklin and Monica Menga Mocklin,
to show City of Aspen Real Estate Transfer Tax Stamp or Exemption.
2 . Deed from : PETER MOCKLIN and MONICA MENGA MOCKLIN
To : SAM HOUSTON
3 . Evidence satisfactory to the Company that the Real Estate Transfer
Tax as established by Ordinance No. 20 (Series of 1979) and Ordinance
No. 13 (Series of 1990) has been paid or exempted.
4 . Certificate of nonforeign status executed by the transferor (s) . (This
instrument is not required to be recorded)
5 . Evidence satisfactory to the Company that the Declaration of Sale,
Notice to County Assessor as required by H.B . 1288 has been complied
with. (This instrument is not required to be recorded, but must be
delivered to and retained by the Assessors Office in the County in
which the property is situated)
6 . Completion of Form DR 1079 regarding the witholding of Colorado Tax
on the sale by certain persons, corporations and firms selling Real
Property in the State of Colorado. (This instrument is not required
to be recorded)
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, enchroachments,
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 Deeds from the City
of Aspen recorded in Book 49 at Page 283 , Book 59 at Page 211, and
Book 79 at Page 28 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" .
This commitment is invalid unless Schedule B-Section 2
the Insuring Provisions and Schedules Commitment No. PCT11298
A and B are attached.
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 ' 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. PCT11298
A and B are attached.
FIDELITY
NATIONAL
TITLE
INSURANCE
COMPANY
11111
ee
Fidelity National Title Insurance Company
17911 Von Karman Avenue, Suite 500
Irvine, CA 92714-6253
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Response to Attachment 3
Lottery Application
(Small Lodge Conversion)
Description of Proposed Development
1. Total Development Area: 18,000 square feet.
2. Type of Development Proposed: Residential.
3 . Total Units and Bedrooms:
(a) Four 4-bedroom free-market townhome units
(b) Two studio accessory dwelling units
Total Units: 6 Total Bedrooms: 16
4 . Zoning Compliance
(a) Zoning district - RMF
(b) Proposed use: multi-family residential (a
permitted use in the RMF Zone) , plus accessory
dwelling units (a conditional use in the RMF
zone)
(c) FAR - 1 : 1
(d) Total lot area and permitted development: 18,000 sf
(e) Density of proposed development:
(i) Four 4-bedroom multi-family
units at 4000 square feet of
minimum lot area each = 16, 000 sf
(ii) Two attached studio accessory
dwelling units - not counted as
units of density = -0- sf
Total Minimum Lot Area: 16, 000 sf
(f) FAR of Proposed Development:
(i) Four 4-bedroom multi-family units
containing approximately 4, 375
square feet each = 17,500 sf
(ii) Two attached studio accessory
dwelling units, each containing
500 square feet of net livable
( 250 square feet of FAR
excluded) = 500 sf
net
Approximate Total FAR: 18, 000 sf
5. Affordable Housing
(a) Employee generation of existing use (Dave Tolen
calculations) :
(i) 20 lodge units ( .2x20) = 4 employees
(minimum)
(ii) 3500 square feet of net
leasable area in
restaurant = 3500 x 5
1000
employees = 17.5 employees
(minimum)
Total Employees (existing use) : 21. 5 (minimum)
(b) Employee generation of proposed use (four 4-bedroom
townhome units) : According to Dave Tolen, using
either the old GMQS or the Aspen Area Community
Plan method of calculation, this proposed use
generates less than 21.5 employees that must be
housed.
(c) Since the change in use will generate fewer
employees than the existing use, no employee
housing mitigation is required under Ordinance 29
(Series of 1996) .
(d) Notwithstanding the mitigation formula, the
Applicant proposes to build two attached studio
accessory dwelling units, each 500 square feet
in size.
18258.
1
LAND USE APPLICATION J?Lff3(
1) Project /lame Fireside Lodge
•
2) Pt jest Location 130 West Cooper Ave. , Lots K, L, M, N, 0 and P, Block 61,
Aspen, CO 81611
(indicate street address, lot & block number, legal l Cc rti`n wb re
appropriate)
3) Present-Zoning RMF 4) Lot Size 18,000 sf
5) Applicant's Name, Address & Phone $ Sam Houston and/or assigns,
620 E. Hyman Avenue; Aspen, CO 81611. Phone No. 970-925-8664.
6) Representative's Name, Address & Phone # Arthur C. Daily, Esq. (925-3476) , Holland &
Hart, 600 E. Main St. , Aspen, CO 81611, and Sunny Vann, Vann Associates,
230 E. Hopkins Ave. , Aspen, CO 81611 (925-6.958)
7) Type of Application (please .k-all that apply): • .
Conditional Use amnceOmial SPA Conceptual Historic D v.
Special Reviei Final SPA Final Historic c De i.
•
8040 then??m dial RJD . Minor Historic c Uev.
Stream Margin Filial PZJD Historic Demcliticn
Maintain View Plane Suixdivision Historic ri c Dasignatiai
Car3aaini rani zati cn Text/Map Amendment GUS Allotment
lot Split/lnt Lire X Small Lodge Conversion/ G Dm-motion
Adjustment A p, Wlbt'3/
8) Desc=iption of Existing Uses (rn t er and type of existing cti rg ;
approximate 5q_ ft aver of bedzioamrs: any Previous approvals granted to the
pr prfy) .
Fireside Lodge building, containina 20 lodge rooms and a 3500'sciiiare fnnt
(90 seat) restaurant
•
•9) Desc ipti c of A ? ti cxi
z •
See attached Responses to Attachments 2 and 3
•
10) Have you. attached the following'
Yes Response to Attachment 2, Minimum Samission Caritents
Yes Response to 3, Specific sk*-pli i(Zl QX1t8Its
///////freisticia /4// / �g4s / .
Response to Attachment 2
Lottery Application
(Small Lodge Conversion)
1. Applicant: Sam Houston and/or assigns, 620 East Hyman,
Aspen, CO 81611. Phone No. 970-925-8664. Representative
authorization letters attached hereto as Exhibit A.
2 . Subject Property: The Fireside Lodge, 130 West Cooper
Avenue, Lots K, L, M, N, 0 and P, Block 61, Aspen, CO 81611.
3 . Disclosure of Ownership-. -- See -Title Insurance
Commitment attached hereto as Exhibit B.
4 . Vicinity Map. See attached Exhibit C.
18257.
EXHIBIT A
Aspen/Pitkin Community Development Department
130 South Galena Street
Aspen, CO 81611
Re: Authorization to Submit Small Lodge Applications
Ladies and Gentlemen:
Please consider this letter authorization for Sam Houston and/or his authorized
representatives to submit a Small Lodge Conversion Lottery Application and a Small Lodge
Change in Use Application for the property at 130 West Cooper Avenue, Lots K, L, M, N, 0
and P, Block 61, City and Townsite of Aspen, commonly known as the Fireside Lodge. Mr.
Houston and/or his representatives are hereby authorized to act on our behalf with respect to all
matters reasonably pertaining to the aforementioned applications, and we hereby join as co-
applicants in such applications.
Sincerely,
Mo •'. . Mockli
• 1 �
t-r'7 ocklin '
Date: November 1, 1996
EXHIBIT A
Aspen/Pitkin Community Development Department
130 South Galena Street
Aspen, CO 81611
Re: Permission to Represent
Ladies and Gentlemen:
Please consider this letter authorization for Arthur C. Daily, Esq., of Holland & Hart
LLP, and/or Sunny Vann of Vann Associates, to represent us in the processing of our Small
Lodge Conversion Lottery Application and our Small Lodge Change in Use Application for the
property at 130 West Cooper Avenue, Lots K, L, M, N, 0 and P, Block 61, City and Townsite
of Aspen, commonly known as the Fireside Lodge. Mr. Daily and/or Mr. Vann are hereby
authorized to act on our behalf with respect to all matters reasonably pertaining to the
aforementioned applications.
Sincere y,
Sa"ri louston and/or assigns
Date: November 1, 1996