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HomeMy WebLinkAboutcoa.lu.tu.Little Red Ski Haus.A09901 ri J CASE NUMBER PARCEL ID # CASE NAME PROJECT ADDRESS PLANNER CASE TYPE OWNER/APPLICANT REPRESENTATIVE DATE OF FINAL ACTION CITY COUNCIL ACTION PZ ACTION ADMIN ACTION BOA ACTION DATE CLOSED BY n , A099-01 2735-124-71005 Little Red Ski Haus Temporary Use 118 E. Cooper Ave James Lindt Temporary Use Little Red Ski Haus, LLC Beverly Fiore 11/26/01 Reso. #110-2001 Approved 11/27/01 J, Lindt r ........ (' t""\ -', '-- --,---- -----.......... r".\ ^ DEVELOPMENT ORDER of the City of Aspen Community Development Department This Development Order, hereinafter "Order", is hereby issued pursuant to Section 26.304.070, "Development Orders", and Section 26.308.010, "Vested Property Rights", of the City of Aspen Municipal Code. This Order allows development of a site specific development plan pursuant to the provisions of the land use approvals, described herein. The effective date of this Order shall also be the initiation date of a three-year vested property right. The vested property right shall expire on the day after the third anniversary of the effective date of this Order, unless a building permit is approved pursuant to Section 26.304.075, or unless an exemption, extension, reinstatement, or a revocation is issued by City Council pursuant to Section 26.308.010. After Expiration of vested property rights, this Order shall remain in full force and effect, excluding any growth management allotments granted pursuant to Section 26.470, but shall be subject to any amendments to the Land Use Code adopted since the effective date of this Order. This Development Order is associated with the property noted below for the site specific development plan as described below. Little Red Ski Haus LLC.. 414 Black Bear Trail. Carbondale. CO 81623 Property Owner's Name, Mailing Address and telephone number Lot O. Block 69. City and Townsite of Aspen Legal Description and Street Address of Subject Property 180 Dav Temporary Use Approval to Reopen as a lodge with 23 rooms Written Description of the Site Specific Plan and/or Attaclnnent Describing Plan City Council Resolution #110-2001. 11/26/0 I Land Use Approval(s) Received and Dates (Attach Final Ordinances or Resolutions) December 8. 200 I Effective Date of Development Order (Same as date of publication of notice of approval.) Mav 1. 2002 Expiration Date of Development Order (The extension, reinstatement, exemption from expiration and revocation may be pursued in accordance with Section 26.308,010 of the City of Aspen Municipal Code.) Issued this 8th day of December , 2001, by the City of Aspen Community ~ent ~ecto J>> e Ann Woods, Community Development Director ~ ~ \lIU G Memorandum TO: Mayor Klanderud and City Council THRU: Julie Ann Woods, Community Development Director Joyce Ohlson, Deputy Director~ FROM: James Lindt, Planning Technician ;jL RE: Little Red Ski Haus Temporary Use Permit Public Hearing, 118 E. Cooper Ave., Resolution No. UQ, Series of2001 DATE: November 26,2001 SUMMARY: The applicant, Little Red Ski Haus, LLC., represented by Beverly Fiore, is requesting a 180 day temporary use permit to re-open the Little Red Ski Haus as a lodge at I 18 E. Cooper Avenue. BACKGROUND: The Little Red Ski Haus operated as a lodge for 37 years prior to discontinuing the use in 1999. The current zoning of the property is Residential Multi-family (RlMF), which does not allow for a lodge as a permitted or conditional use. The Little Red Ski Haus was operating as a legally non-conforming use before discontinuing the lodge use for greater then twelve (I2) months in 1999. Because the use was discontinued for more than twelve (12) months, the Little Red Ski Haus' legally non-conforming use status as a lodge was lost pursuant to Land Use Code section 26.312.020(f), Nonconformities. The applicant has completed several pre-application conferences with the planning staff to inquire about rezoning the property to a Lodge Preservation Overlay, which does allow for lodges and accessory uses to lodges as permitted uses. If the application for a temporary use to operate as a lodge for the winter season is granted, the applicant intends to apply for a rezoning application to permanently legalize the use. The Little Red Ski Haus is a Historic Landmark. Due to the Landmark Designation status, an exemption from the Growth Management Quota System for a change in use could be processed administratively if the temporary use were to be approved by Council. CURRENT ISSUES: The applicant proposes to operate the lodge in the configuration in which the building currently exists. The lodge was operated in its current configuration prior to discontinuing the use in 1999. The structure consists of slightly over 5,300 square feet and contains 21 bedrooms to be rented out on a nightly basis. Because the use has only been discontinued for approximately two years, the - 1 - (""\, o conversion would not yield brand new impacts on the surrounding neighborhood and the conversion back to a lodge would add nightly rentals to the diminishing bed base within the City. The Snow Queen Lodge is located directly east of the Little Red Ski Haus and is currently operating as lodging facility. Because of it's proximity to the Snow Queen Lodge and the longevity of the period in which the Little Red Ski Haus operated as a lodging establishment, staff feels that the Little Red Ski Haus is in an appropriate location to operate once again as a small lodge. Staff believes that the lack of on-site parking is an issue that needs to be addressed and resolved in the conversion of the Little Red Ski Haus back to a lodge use, Currently, one carport exists in the rear of the building and three to four on-site parking spaces exist in the front of the building. Any additional parking required would have to be served by off-site parking. The applicant has offered to provide a shuttle to and from the airport and/or the Rio Grande parking garage for their guests. The applicant has also consented to buying Residential Parking Passes from the City to allow for their guests to park on the streets in certain areas of town as they did when the property last operated as a lodge. Staff feels that the applicant's representations regarding the parking issue are sufficient to limit the impacts of the proposed temporary use on the neighborhood, STAFF COMMENTS: 26.450.030 Criteria Applicable to all Temporary Uses When considering a development application for a temporary use, City Council shall consider, among other pertinent factors, the following criteria as they, or any of them, relate thereto. A. The location, size, design, operating characteristics, and visual impacts of the proposed use, Staff Finding: Staff believes that the location of the proposed temporary use is appropriate for a lodge, finding that the Little Red Ski Haus operated as a lodge in it's current location and configuration for thirty seven years prior to 1999. The Little Red Ski Haus is also located directly adjacent to the Snow Queen Lodge which currently operates as a lodging establishment. Staff finds this criterion to be met. B. The compatibility of the proposed temporary use with the character, density and use of structures and uses in the immediate vicinity. Staff Finding: This property is zoned ResidentiallMulti-Family. The zone districts in the immediate vicinity are Residential Multi-family (R/MF) and Lodge/Tourist/Residential (LITR). The Snow Queen Lodge operates as lodging facility and is immediately to the east of the Little Red Ski Haus. The proposed -2- 1""\ f1 use fits with the density of the neighborhood in that there are mainly multi-family buildings and lodges in the area. Staff finds this criterion to be met. C. The impacts of the proposed use on pedestrian and vehicular traffic and traffic patterns, municipal services, noise levels, and neighborhood character. Staff Finding: Staff feels that the temporary use may have an affect on the parking situation in the neighborhood. The applicant has offered in the application to provide a shuttle to and from the airport and/or the Rio Grande parking garage to help resolve the off-site parking issue. Since the Little Red Ski Haus has only been used as something other than a lodging facility for the past two years, staff feels that the neighborhood conditions have not changed drastically since that point in time. Staff feels that re-opening the property as a lodge would not impose new impacts on the neighborhood. Because the applicant has offered to provide a shuttle to and from the airport and/or the Rio Grande parking garage, and purchase residential parking passes for their guests, staff feels that the proposed parking situation will be better than it was two years ago when the property last operated as a lodge. The Little Red Ski Haus is within easy walking distance to the urban core and transit. Staff finds this criterion to be met. D. The duration of the proposed temporary use and whether a temporary use has previously been approved for the structure, parcel, property or location as proposed in the application. Staff Finding: The proposed temporary use will exist from December 1, 2001 to May 1,2001. The applicant is proposing to apply for a rezoning to Lodge Preservation Overlay during this time period to legalize the lodge use on a permanent basis. Staff recommends that a condition of approval be placed on the temporary use application that would insure that a rezoning application is made by the owner during this temporary use time period. Staff finds this criterion to be met. E. The purposes and intent of the zone district in which the temporary use is proposed. Staff Finding: Staff feels that the applicant has made steps to legalize their zoning to allow for a lodge use by completing several rezoning pre-application conferences with various city staff members. Staff does not feel that the current zone district's intent includes the use of a lodge, but does feel that the intent of the Lodge Preservation Overlay Zone District, in which the applicant wishes to rezone to, includes the use of a lodge as a permitted use. Staff believes that the subject - 3 - t""\, ("") parcel is in an appropriate area to operate a small lodge. Staff finds this criterion to be met. F. The relation of the temporary use to conditions and character changes which may have occurred in the area and zone district in which the use is proposed. Staff Finding: Staff does not feel that the conditions and character of the neighborhood have changed since the Little Red Ski Haus was last operated as a Lodge. Staff finds this criterion to be met. G. How the proposed temporary use will enhance or diminish the general public health, safety, or welfare. Staff Finding: Staff feels that increasing the nightly rental bed base would promote the public economic welfare of the City, given that the nightly rental bed base has been declining over the past several years. The City Environmental Health Department has been consulted about the applicant's proposal to serve a continental breakfast and found that it would not require a food service license if the applicant only serves non-potentially hazardous foods (such as bagels and muffins). Chief Building Official Stephen Kanipe has completed a walk through of the property and found that minor fire safety issues need to be brought up to code as part of the Temporary Use Permit. The aforementioned fire code requirements have been included as proposed conditions of approval to reinforce that they be completed prior to opening as a lodge. Kanipe feels that minimum Uniform Building Code requirements would need to be met if a major remodel is done to the property. A major remodel is not being considered by the applicant as part of the Temporary Use Permit Application. Staff finds this criterion to be met. REFERRAL AGENCY COMMENTS: The Building Department and the Environmental Health Department were solicited for comments on the proposed application. The Environmental Health Department reviewed the proposed application and felt that the applicant would not need to obtain a food service license if they are only planning on serving a continental breakfast that consists of non-potentially hazardous foods as an accessory use to the lodge. The Building Department has also reviewed the proposed application and conducted a site visit. Chief Building Official Stephen Kanipe came to the conclusion that a change in use without doing a remodel would not require the applicant to upgrade the structure to meet minimum Uniform Building Code requirements, However, the Building Department does recommend that the applicant not be allowed to utilize the two lofts or the northernmost room on the -4- '" r) first floor (named "last chance") for lodging due to a lack of egress. The Building Department also requests that all battery operated smoke detectors be tested and that the applicant have the Fire Marshal test the pull stations prior to reopening as a lodge. RECOMMENDATION: The Community Development Department recommends approval of the Little Red Ski Haus' temporary use permit for the purpose of allowing it to be used as a lodge with twenty rental rooms, with the following conditions: I) The duration of this temporary use permit shall be from December 1, 2001, to May 1,2002. No extension ofthis temporary use shall be granted unless a rezoning application is applied for during the temporary use time period. 2) The applicant shall provide a shuttle to and from the airport for the use of their guests. 3) The applicant shall obtain Residential Parking Passes from the City to allow guests to park on the streets. 4) The applicant shall only serve a continental breakfast that consists of non- potentially hazardous foods as defined by the City Environmental Health Department. 5) The applicant shall have the Fire Marshall test and find satisfactory the pull stations prior to opening as a lodge. 6) The applicant shall test and have in working condition all of the battery operated smoke detectors prior to opening as a lodge. 7) The northernmost room (named the "last chance") on the first floor shall not be used or occupied as a lodging or living area. 8) The lofts shall not be used as lodging areas or living areas. 9) The applicant shall apply for an Administrative Change In Use application prior to opening as a lodge. PROPOSED MOTION: "1 move to approve Resolution No. \ lO , Series of200l, approving with conditions a temporary use permit to allow for the Little Red Ski Haus, located at 118 E. Cooper, to operate as a lodge from December 1,2001 to May 1,2002." -5- r,. ,t""\ I CITY MANAGER COMMENTS: ATTACHMENTS: Exhibit "A" - Land use application Exhibit "B" - Referral Comments Exhibit "c" - Location Map - 6- ,-", i""') RESOLUTION NO. ~ (Series of 2001) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, GRANTING A TEMPORARY USE PERMIT TO ALLOW FOR THE LITTLE RED SKI HAUS TO BE OPERATED AS A LODGE WITH TWENTY ROOMS AT 118 EAST COOPER AVENUE, LOT 0, AND WEST HALF OF LOT P, BLOCK 69, CITY AND TOWNSITE OF ASPEN WHEREAS, pursuant to Section 26.450 of the Aspen Municipal Code, the Applicant, Little Red Ski Haus, LLC., has submitted an application for a Temporary Use Permit to store allow for the Little Red Ski Haus to be operated as a Lodge on Lots 0 and the Western Half ofP, Block 69, City and Townsite of Aspen; and, WHEREAS, the Applicant requests to use this property from December I, 200 I, to May 1, 2002; and, WHEREAS, Community Development reviewed the temporary use application and recommends that the City Council approve the temporary use permit with conditions; and, WHEREAS, City Council finds that the proposed temporary use is not inconsistent with the character and existing land uses of the surrounding parcels and neighborhood and that granting the temporary use permit will not adversely impact the neighborhood; and, WHEREAS, City Council finds that granting the temporary use permit will further the public interest and welfare by maintaining a valuable summertime recreational activity in the Aspen area which is also consistent with the uses permitted in the underlying zone district. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF ASPEN, COLORADO, THAT: Section I: In accordance with Section 26.450.020 of the Aspen Municipal Code, the City Council of the City of Aspen, Colorado, does hereby grant Little Red Ski Haus LLC, a temporary use permit to operate the Little Red Ski Haus, located at 118 E. Cooper Avenue, as a lodge with twenty (20) rooms, subject to the following conditions: f'\ Resolution No. _, Series of:!OOI Page 2 tj I. The duration of this temporary use permit shall be from December I, 200 I, to May 1,2002. No extension of this temporary use shall be granted unless a rezoning application is applied for during the temporary use time period. 2. The applicant shall provide a shuttle service to and from the airport for the use of their guests, 3. The applicant shall obtain Residential Parking Passes from the City to allow guests to park on the streets. 4. The applicant shall only serve a continental breakfast that consists of non- potentially hazardous foods as defined by the City Enviromnental Health Department. 5. The applicant shall have the Fire Marshal test and find satisfactory the pull stations prior to opening as a lodge. 6. The applicant shall test and have in working condition all of the battery operated smoke detectors prior to opening as a lodge. 7. The northernmost room (named the "last chance") on the first floor shall not be used or occupied as a lodging or living area. 8. The lofts shall not be used as lodging areas or living areas. 9. The applicant shall apply for an Administrative Change In Use application prior to opening as a lodge. APPROVED, on November 26, 2001, at a public hearing before the City Council of the City of Aspen, Colorado. Helen Kalin Klanderud, Mayor John Worcester, City Attorney ATTEST: Kathryn S. Koch, City Clerk LAND USE ApPLICATION GVlt'b;f- \'AJ/ t1-rt~JJ1'IO,U .' 1""", PROJEC1: Name: ReJ. 5 Location: ApPLICANT: Name: Address: Phone #: t..L..c Tr-a.; I C"-../'bcni,a..te. Co' REPRESENTATIVE: Name: -B", \/e rty Fiore, Address: Lil'1 13 k<..k Bea..,r Ti-"t.; ,} CCUb<!)hd.a./e., Co . Phone #: CJ 70 70 t.( - 0;). g 0 EXISTING CONDITIONS: (description of existing buildings, uses, previous approvals, etc,) t',' 'f1a.l 'j r. tv...€- u; It;.... /, g{? Wc>o.l ,'a..""'e S 3coi- ACL'1 <t.s &L .ileA... Iore~h-f...s' .c '" .--;, COnJ,...Tio'" ' I PR;~; ~ "':~O: :';":':,,::: >:~' ~odifiu1illoo, Ok) TYPE 0 F ApPLICATION: (please check all that apply): o Co~ditional Use 0 Conceptual PUD o Special Review 0 Final PUD (& PUDAmendment) o Design Review Appeal 0 Conceptual SPA o GMQS Allotment 0 Final SPA (& SPA Amendment) o GMQS Exemption 0 Subdivision o ESA - 8040 Greenline, Stream 0 Subdivision Exemption (includes Margin, Hallam Lake Bluff, condominiumization) Mountain View Plane Lot Split Lot Line Adjustment o o ~ o Temporary Use TextlMap Amendment Have you attached the following? o Pre-Application Conference Summary o Attachment #1, Signed Fee Agreement o Response to Attachment #2, Dimensional Requirements Form o Response to Attachment #3, Minimum Submission Contents o Response to Attachment #4, Specific Submission Contents o Response to Attachment #5, Review Standards for Your Application o Conceptual Historic Devt. o Final Historic Development o Minor Historic Devt. o Historic Demolition o Historic Designation o Small Lodge Conversion! Expansion o Other: " I FEES DUE: $ r ,'lOS', CO , ......... ~ ".. " Mandlknapp@aol.com, 09:10 PM 11/20/01 -0500, Little Red Ski House From: Mandlknapp@aol.com Date: Tue, 20 Nov 200121:10:10 EST Subject: Little Red Ski House To: jamesl@cLaspen.co.us X-Mailer: AOL 6.0 for Windows US sub 10539 X-ECS-MaiIScanner: Found to be clean Dear Mr. Li ndt P1Ahll ~ COVJI'espol/1det1C€ X. ~C<€.I IV d ~ eSO vell ~3 L.J 1+1 e I< ec! s I~)' J-/C{ Us Telft1jtJovC( Vy Us;e Thank you for the oonversation on the topic of the variance for the Little Red Ski House. My points are: Front Yard-The variance should specifically prevent parking on the front yard. This is unsightly and unnecessary. There is no access to that space. By permission, I allowed the former manager to drive over my parking space at Der Berghofto the immediate north to park his car on the front yard. In return, he agreed to work hard to stop guests at the LRSH from parking north of the property line and blocking the parking spaces of units at Der Berghof. This was always a big problem. I will no longer agree to allow persons to use the parking space to enter the LRSH property. You indicate that the LRSH has represented that there are several parking spaces in the front yard. There is room for only one vehicle and there has never been a request to me to allow more than one to cross my drive to park in the front yard. I doubt there ever was a right to park cars on the front yard. In any event, parking on the front yard in modern Aspen is out of bounds and I hope that the Council will protect our neighborhood from such intrusions. Pavement--The LRSH has a mud area across the front of its property with no sidewalk. This area is a mess in every season. In the winter it is dangerous. Many people fall in the snow pack and ice. Others try to walk into the street to avoid the area and fall. The sound ofa yell and the crash of skis isoommon. Before the LRSH is allowed to operate as a lodge, it should be required to pave the walkway across the front of the property. I would think the City would be fearful of liability for the significant injury that may happen without this simple improvement being made. Parking On Street-I raise for your consideration the problem of parking in general. I will not go into detail because the Council can develop the issue itself and there are others who will be impacted much more than I. The street is full of parkers in all seasons now using the residential parking cards. Adding 20 to 25 more cars will cause huge disruption. How can the street fairly be asked to take on that burden? In the old days those cars oould park all over town but that is no longer possible. Likely, many will go to Koch Park and I suspect many Aspenites who use the Park and the spaces will be upset. Hopefully, if the Council grants a variance, it will find a solution to place those guest cars in some other location. THE VARIANCE- It has been raised to me in oonversation that perhaps it is not possible to simply ask for a variance to operate as a lodge from residential without a full and proper rezoning procedure. I raise this to you and Council for your own oonsideration and I assume others will also. The Council has changed this neighborhood substantially over the years. The LRSH is a quaint idea and I like quaint ideas as much as anyone in Aspen. In fact, I dislike progress. Still, the density of the street. which is very much a neighborhood, has changed immensely since the LRSH fiourished. It really would be unfair to grant a variance that does not fully oonsider the huge impact that a 1950s style operation would have on the neighborhood. Maybe at least 1970 style rules. If this request for a variance is in fact improper, I assume the Council will address the point. Printed for James Lindt <jamesl@ci.aspen.co.us> 1 r"\ ~ Mandlknapp@aol.com, 09: 1 0 PM 11/20/01 -0500, ,Little Red Ski House Thank you and also the Council for your oonsideration, Mike Knapp. #6, Der Berghof 100 E. Cooper St. Printed for James Lindt <jamesl@ci.aspen.co.us> 2 ,.....", ~ ASPEN/PITKIN COMMUNITY DEVELOPMENT DEPARTMENT Agreement for Payment of City of Aspen Development Application Vees CITY OF ASPEN (hereinafter CrTY) and {3 e V (hereinafter APPLICANT) AGREE AS FOLLOWS: 1. <<t. b e-t "- bte".-k:t4.5-r 2. APPLICANT understands and agrees that City of Aspen Ordinance No. 57 (Series of 2000) establishes a fee structure for Land Use applications and the payment of all processing fees is a condition precedent to a detennination 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 illitial deposit and to thereafter pennit additional costs to be billed to APPLlCANT on a monthly basis. APPLICANT agrees additional costs may accrue following their hearings and/or approvals. APPLICANT agrees he '",ill be benefited by retailling 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 afrecovering its full costs to process APPLICANT'S application. 4. CITY and APPLICANT further agree that il is impracticable for CITY staff to complete processing or present sufficient infonnation 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 filII fees prior to a detennination of application completeness, APPLICANT shall pay an initial deposit in the amount of $ which is for 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 at a rate of $205.00 ptr planner hour over the initial deposit. 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 grounds for suspension of processing, and in no case will building penn its be issued until all costs associated with case processing have been paid. crTY OF ASPEN APPLICANT By: ~JJL By: ie Ann Woods ommunity Development Director Date: Mailing Address: I-/;<-{ )2,{.." {lL /?'eA..-f" TV'",-: I CtLl"bO>1 .,{,LI-e. . Cog 16 "-~ , g: 15u ppo rtlfo rms\agrpayas.doc 1/]0/01 ~ t""\ ATTACHMENT 2 DIMENSIONAL REQUIREMENTS FORM Proj ect: Applicant: Location: Zone District: Lot Size: Lot Area: /";1'1-1'1' Ad. 5(1; H~'H: /...;,r1e. Qpol S'K:H"",sJ LL.c... ~ lJP\Ie....C'f Fio..-e, A'tE'....r fie t::<ttst Goooe".. SrrepT . 4...'>00 .5t "....re, -t'e<e.-i' <1"<< $vnUt (for the purposes 0 calculating Floor Area, Lot Area may be reduced for areas within the high water mark, easements, and steep slopes. Please refer to the definition of Lot Area in the Municipal Code.) Commercial net leasable: Number ofresidential units: Number of bedrooms: Existing: Existing: Existing: Proposed: Proposed: Proposed: Proposed % of demolition (Historic properties only): J DIMENSIONS: Requ' ed: , , Re ired: / quirel RequVed: ,. Req/lired: R/quired: 4eqUired: i Existing: IRequired: " Combined Sides: Existing: I Required: F>i,ti'g non-oollihnuiti" " -,~.t Existin Proposed: Propo Pr osed: Principal bldg. heigh: Access. bldg. heig t: On-Site parkjlg: % Site covyage: % Open Space: Front letback: ProDosed: Proposed: Proposed: Proposed: Proposed: Proposed: Existing. Existing: Variations requested:' /11"""" 1"""\ " ~ OTIS, WALKER '" ~ McCORMICK REAL ESTATE October 19, 2001 Note To: The Aspen City Council From: Steve WaJker Subject: The History of the Little Red Ski Haus Marketing and Sales Program Dear Folks, I thought it would be useful background information for you to know the thinking behind the marketing program that led to the current group that is buying and reopening the Little Red Ski Haus. About 10 months ago, Marge Babcock, the owner of the Little Red Ski Haus, called me to discuss placing the property on the market. As a former guest on several occasions in the late 60's, I have long held very wann feelings and memories of the Little Red Ski Haus. As a result of being a guest, Marge and I have been friends for years. When Marge called, I thought ''well, here goes another of Aspen's historic lodges as it will be sold to a developer who will turn it into a remodeled Victorian to be sold for $1,000 per square foot at $5 million to $6 million". Marge, however, had a different plan in mind. When we met, she asked me for my opinion of the value of the property as a lodge or as a home for sale to a developer. I indicated that the property would sell for $200,000 to $300,000 more as a "home for redevelopment" and would likely sell in substantially less time. I told Marge that finding a buyer who has the financial ability and interest in running the property as a lodge would be much more difficult in that we would be selling a business and that businesses are generally valued based on historic cash flow. Marge's attorneys, accountants and other advisors all told here she would be better off financially to sell the property as a home. One said "your crazy not to sell this as a home and waJk away with significantly more money". But, Marge wanted the Little Red Ski Haus to continue as a bed and breakfast and carry on the tradition of decades of happy guests who have stayed in and enjoyed the wann hospitality ofa true "Aspen lodge" as lodges used to be in the 60's and 70's and 80's. As we all know, many of our visitors lament the loss of the small and unique lodges, stores and restaurants that used to be part of Aspen's charm. 302 E. Hopkins Avenue, Aspen, Colorado 81611 (970) 920-4500 Fax (970) 920-1085 (800) 598-7147 Email: oandw@sopris.net Website: www.otisandwalker.com J"""\ ~ This, then, is the background that brings us to the present. We have found an ideal group of close friends who love the property and wish to purchase it and carry on the tradition and history of the Little Red Ski House. The group includes one partner who is a leading preservation architect in Chicago who has restored Victorian homes in the Chicago area as well as commercial buildings. The mother of another partner owns a home in Carbondale and will be the general manager. Another partner currently operates a business in Aspen that serves tourists. As a result, Aspen has a unique opportunity to preserve bed base and to preserve and continue a meaningful part of its history. We all can thank Marge for being steadfast in her vision for the Little Red Ski Haus to continue to serve guests in Aspen this winter and into the future. Without this vision, she would have sold to the highest bidder and the property would have gone the traditional way of redevelopment. I thought this background information would be helpful to the City Council in understanding the present sale and the plans ofthe new owners. Sincerely, , ~f-0;/~I(~ Steve Walker 11-21-19950,20AM F~ P.3 ~ ". .d Review Standards: Application for Temporary Use A. The Little Red Ski Haus is located at 118 East Cooper Avenue. The original structure was a Victorian home built in 1888. It was opened as a bed and breakfast by the the owner, Marge Babcock and her late husband and run as a Bed and Breakfast for 37 years. With addtitions put on by the ownm, the structure is 5,300+ square feet. It has 21 bedrooms and is in excellent condition, It bas not been run as a B & B for two years due to Mrs. Babcock's health. The visual impact of the home will remain the same. B. The structures to the immediate right and left of the Ski Haus are a Bed & Breakfast . and an apartlnent building. The two buildings across the street are apartment . buildings. C. The impact of the proposed tempomy use will be no greater than it was when operated as a B & B. Most lodgers fly into Aspen and do not have vecbicles. It will be run as a B & B which characteristically are "homelike" and quiet. D. The duration oCthe temporary use is 6 months. It has never had a temporary use permit and has only operated by the owners on a Permanent Permit. E. The district is zoned for the use of this residence as a B & II F. There has been no character changes in the area and zone district since this was last operated as a B & B. G. The proposed temporal)' use will enhanced the entire area of the City of Aspen. It will allow the first B & B in the city to once again reopen and operate. It will assure that a Historic Building be preserved. The permit will also give additional bed space to the area and help assure that visitors to Aspen have a variety oflodging choices. Submitted by: &..e--<-~ ~'"\..Q... Beverly Fi~ Little Red Ski Haus lie (970) 704-0280 11-22-1995 1~,53PM FROM r\ P.2 F\ To: James Lindt From: Beverly Fiore, Agent Little Red Ski Haus Bed & Breakfast Re: Parking The property has places for parking of 5 vehicles. Under no circumstances would we allow guests to infiinge on neighboring properties. If, for any reason, more cars were brought to the property, we would take the vehicles to the public parking facility for our guests. The present owner of The Little Red Ski Haus has told us that the majority of suests have been Australians, New Zealanders and Europeans. Obviously these SUests and most American guests fly into Aspen and do not bring vebicles into town. One of the services we plan to provide for our guests is shuttle service to and from the airport. With this provided service, I do not see that we would often, if ever, have an over-abundance of guest vehicles. t"'"\ ,,..., Section of I louse Name of Room ~~gJc Double Bunk Personal .---...----.-------- - .------------.---------- -~---_..-_.~ ~...~_.., - -- --------- Beds Bathrooms __Qriginal !i~)~!i'c;_ Silver Bell OwneI~Rri:vate room I ._--~----- -- -------------..- Rutlue's R\lI1 I I 1 -- Spar Gulch 1 1 1 - Gro\lI1d F100r Magnifico 1 I Prospector 1 Last Chance I 1 BuckholTI 1 Dipsey'Doodle 2 1 First F100r Blondies 1 little Nell 2 Four Friends 2 Fast Staff Name Unknown 1 Top F100r Gentlemen's Ridge 2 Bell MO\lI1t:ain 1 Stein Erikson 1 Baby Doe 1 little Annie's 1 Total Wreck 1 Last Dollar 1 Strawpile 2 Total . 21 Rooms 7 6 30 4 (Bunk Beds ~ 2 x 15) Total of 43 Beds, 4, with private bathrooms Eight additional bathrooms - 12 total -"-<,-,--' ,-'j'-,~~"",,,,, f', OTIS,WALKER REAL ESTATE A , cCORMICK Little Red Ski Haus 23 Bedrooms/12 Baths 118 East Cooper Avenue Offered at $2,500,000 Historic Lodge in Aspen Own a piece of Aspen's history! Built in 1888, this remodeled and expanded Victorian lodge presents a truly unique opportunity to operate a bed and breakfast in the heart of Aspen. For 36 years The little Red Ski Haus attracted travelers from around the world who sought out its simple atmosphere to stay, meet and get acquainted with fellow travelers, around the fireplace or dinner table. Rooms range from singles to four bunks in a room. Many share baths. The lodge is located just a few blocks from the ski lifts and Aspen's legendary dining and nightlife. 'This popular B&B has a loyal following awaiting the energy of a new owner/operator. In a resort where lodging pillows are in high demand but short supply, The little Red Ski Haus represents a tremendous oppoI11lnity for the B&B entrepreneur. Contact Listing Agent Steve Walk.er 302 E. Hopkins Avenue, Aspen, Colorado 81611 (970) 920-4500 Fax (970) 920-1085 (800) 598-7147 Email: oandw@sopris.net Website: www.otisandwalker.com r""\ r""\ , OTIS, WALKER cCORMICK REAL ESTATE The Little Red Ski Haus . The original structure was built in 1888 Construction: Wood Frame Parking: One car carport in rear of building & street parking Size of Structure: 5,300 square feet +/- Lot Size: 4,500 square feet Bedrooms: 23 Bathrooms: 12 Additional Amenities: Office, Study w/potbelly stove & organ, Fireplace and Bay Windows The little Red Ski Haus is located two blocks from Aspen's central core with its world class dining and nightlife and just four blocks from the Silver Queen gondola. Aspen Mountain skiing can be accessed even more quickly via lift lAjust a few blocks from the front door. The lodge sits in the middle of a very quiet mostly residential neighborhood. RFr A. Aspen and the Roaring Fork Valley's public transportation system (and in the winter, the free shuttle between Aspen's four ski mountains) is just a short walk toward town, so your guests won't even need a car when staying at The little Red Ski Haus. Although the lodge has not been open for business for the last two years, it is in good repair and ready to open its doors at once. The owner has met with city planners who have given preliminary approval to reopening the lodge as is. Due to the shortage oflodge rooms in Aspen, the seller believes a new owner can expect cooperation from the city and expeditious approvals. The rooms are filled with antiques, although the owner may wish to keep several. 302 E. Hopkins Avenue, Aspen, Colorado 81611 (970) 920-4500 Fax (970) 920-1085 (800) 598-7147 Email: oandW@sopris.net Website: www.otisandwalker.com . . r\ , r, JI Owner Marge Babcock from the 100'" Anniversary Aspen Times Article In front of The little Red Ski Hans, 1998 Marge and her husband first opened the bed and breakfast in 1962. She operated it for 36 years, hosting visitors from around the world. Many came back year after year to enjoy the special ambiance and camaraderie that is such an integral part of the lodge. The first guest paid $10 a week. One cowboy, who worked at the Red Onion, stayed all winter paying 50 cents a night. The original house had only five rooms, a dining room, kitchen and three bedrooms upstairs. Marge's husband built more rooms, in stages, in the back of the house, ultimately expanding the lodge to 20 rooms. Rooms, for the most part, are named after old silver mines and ski runs. Although the lodge has been closed for two years Marge still gets calls daily from around the world from travelers wanting to stay in this special part of Aspen. October 1 Z< 2001 Little Red Sehoa1 Haus Vicinity MapSI<, () Legend ~ roads parcels o I 280 560 I 1,120 Feet I 1""'\ (') Name and Mailina Address Include in Mailing: Yes Leaal Description Marjorie Babcock Subdivision: CITY AND TOWNSITE OF ASPEN 2161 Kalia Rd #412 Honolulu, HI 96815 Block: IThru: Remarks: 69 Lot: -Lot: & W 1/2 OF LOT P. o Assessor's Office Value Land: $596,500.00 Bldg(s): $215,700.00 Total: $812,200.00 Taxes: $2,112.84 Note: Assessed Value is typically 10-30% below.Market Value, however there are exceptional variances with regard to VACANT LAND. Complex: Unit#: Remarks: Land Size: Property Use Code: Parcel (Mapping) #: Physical Address: 4500 2735 12 4 71 005 118 E COOPER AVE ASPEN Note: Physical Address is incorrect 37% of the time, due to incomplete county information. Sales Historv Various Sa Ft Mise Amenities Structural Bldg. Value Original Yr Built 1888 Bedrms 20 Baths 12 Rooms Sq Ft - Heated 5218 Building Model Sq Ft - Total 5218 Building Type Stories RpofCov.F Ro"1SmXqf',, # of Structures on Site (per County): 1 ** Note; A significant number of properties (in the county records) do not have accurate bedroom and bathroom infonnation. *** The infonnation in this report is directly from county records and there is no guarantee as to the accuracy of the information. OCT. 19.2001 3:49PM STEWART TITLE ASPEN 1""'\"('"") ,. , STEWART TITLE OF ASPEN, INC. 620 East HopKins Ave. Aspen, CO 81611 Phone: (970) f)25~3577 Fax: (970) 925-1384 NO.315 P.1/7 TO: -~~ /J~ ./ 4d-.O IOerS- FAX NO,: FROM; DATE: TIME SENT: RE: PLEASE CALL IFYOU DO NOT RECEIVE TOTAL OF :;z.. , . l' AGES MESSAGE: rpA ./I~- HOW DOES YOUR TITLE COMPANY RATE ?? DEMOTECH, :we. has been ccmrniuianedby FA.'INIE MAE to esmblish guidelines and tate linallcial stability for the Title Industry. DEMOTECH rates STEWART TITLE as tbe ONLY title oampany in the United States to receive the highest pas.s(ble rating four years in a row! I! DOUBLE PlUMB(A'~ CHECK IT OUT! i....... ;;':t1 d[ ~C{, 7 e s ChCL1f-1 G OCT. 19.2001 3:49PM ~EWART TfTLE ASPEN SCHEDULE A NO.315 P.2/7 ~ Order Number: 00028861 1. Ejfecttvedate; Augqst: 2S, 200,,1 lit 1,30 A.Ii. 2. pOlicy or Policies to be issued.: (a) A.L. T.A. Owner's (Extended) Proposed Insured: LI7':rX.E iUlD SKI HAUS, LLI;, A COLOIlADO ;L,l:MI!I;'JW LIABILI'l''r COMPANl' Amount uf Insurance $ 1,900,000.00 (b) A.L, T.A.. Mo~gagee 's $ Proposed Insured: (c) Leasehold $ Proposed IllSured: 3. The estate or interest in the land described or referred to ill this Commitment and covered herein is tee simple 4. lItle to the t.... simpl.. estate or interest ill said lQlfd is at the effective date hereof vested ill.' }lAR.10lUB BABCOCK ilXLEr, !!'RUS:rEP: UNDER fHM UNRBCORllJW LIVING r1l.us:r AGREBIfBN!!' GAffED NOVBlfBEil 9, HSS S. The land referred to in thi.s Commitmellt is described as follows: Lot 0 and /:.he w....t ofls-hal:! of Lot P, Bloo/r: 69, aI!!':! JlND TOWNSI!!'E OF ASI'I!:N. , aOlJN'l''r 0$ PI7'KZN, S!!'A!!'E OF COLOAADO. " STATEMENT OF OHAll.GES Th4se chtrrges ON! d"e an4 pay4ble before a PD/iCf can be in.ed. own8.rS Premium Form 110.1 (Owner) Tax a.,rt;i.i.J.ellt.. $3,122.00 $ 100.00 $ ;2 0 .00 fa," TwJ. ten..ll OCT. 19.2001 3:49PM STEWART TITLE ASPEN ,-, .j NO.315 P.3/7 SCHEDULE B Sectioll 1 t") Order Number: OOOZ886J REQUIREME1(l"S The following are the requirements to be complied with; ltem (a) Payment to or for the account of the graru-ors or mortgagors of theju/l consideration Jar the estate or interest to be insured. Item (b) Proper instrumem(s) creating the estQJe or interest to be insured I1I1lSt be exectlled alld duly filed for record, to wit; J. A. At~idavi~ by a T~us~ee, set~ing ~orth the name of said ~~us~, the names and ~ddress.s o~ all ~he frustees who are represented by such name and ehe authority of the &f~iant ~o executa apd record the affidavit, and the authority of the TrusteeS who are thereby empOWered to oonvey o~ otherwise act an behalf of til.. rrust:. and s. capy of the Trust Agreement for the Marjorie Babcock Riley Living Trust for review by Stewart fitle. NOTE. !l'he rrust Ag~eemOlmt will not be r.."orded, and may be returned to th.. !'rustee(s) upon request after it has been reviewed by Stewart fitle. 2. The following is required w~th respect to ~ittle Red S~ Haus, L.t.C., a . Limited Liability Company, a. sstiSf."tory evidence furnished by' the Seoretary of State in which ArtiCles were filed, confirming that said Limited Liability Company is in good standing. (i.e., Certificate of Good S~iUlding, or copy of Articlss of organization bearing file stamp from the Secretary of State.) b. Copy of the ~ticles of Organization of said ~i/1lited ~i&bility Company. c. Copy af t./l& ol'srating Agrsement of sa.id Limited Liability Company. NOTE: If any Mana.gers are themselves partnerShips trusts, limited liability companies or corporations, additional req~irements w~l hs necessary. 3. Improvement Survey of the subject property, completed in the last SiK mOn~hs approved by Stewart ritle of Aspen, Inc., this survey is to be reteinsd jn the tiles "f Stswart !'itle of Aspen, Inc. and Stewart fitle of Aspen, Inc. reserves the right to add further requirements and/or exoeptions to this commitment upon receipt of said survey. 4. Evidence satisfactory ~o Stewart ritle Guaranty Company, furnished by the o~~ioe of the Director of Finan"e, City of Aspen, that the following taxes have bssn p&id~ or that conveyance is 8Xem~~ trom sa~a taxes: (I) fhe "Wheeler Real Estate Trans:fer r""," pUrS1J/L~t to Ordinall"" Na. 20 (Seriu o:t Zn!!) and (2) '!l'he "HousinfJ R....l' Esta~e !l'ransfer Tax" pursllaJlt to Ordinanoe No. J3 (Serie.. of J990). continued On next page -J- CCT.IS.2001 3:50PM STEWART TITLE ASPEN r\ NO.315 P.4/7 n Continuat~on ot Scnedule B - Section 1 Order Number: 00028881 5. A. C.rt~icate ot non-foreign status, duly exeouted by Cbe seller(s), pursuant to section 1445 of tne Internal Revenue Code AND B. Satisfaotory evidence 'of the seller(s) Oolorado resi~ency (or inoorporation) pursuant to Colorado House Bill 92-1270. NO:I'E: SectiOn 1445 o:f the Internal RIOvenu.. Code re9u.ires withholding o:f tax :from sales proceeds i:f the transferor (seller) is a foreign person or entity. Colorado House Bill 92-1210 may require withholding o:f tax trom sales proceeds if the sellar(s) is not a colorado resident. Detailed information and Fo~s are available :from Stewart Title. 6. Indemnity and Affidavit as to Debts, Liens and Lesses, duly axe~uted by the seller and buyer and approved by St~art ~itls o~ Aspen, ~nc. 7. Deed, executed by all ~stees o:f the Marjorie Babcock Riley Living ~rust conveying fee title to the purchaser(s). ' ~2- OCT. 19.2001 3:50PM STEWART ,.....", TI TLE ASPEN SCHEDULE B Section ;I NO.315 P.5/7 r" Order Number: 0002888l EXCEPTiONS The policy ar pclicles ta be issued will cOll1a/n exceptions to the following unless the same are dlspased of to tile satisfaction of the Compll1lY: 1. Rights 01' claims o/parties in possession, not shown by the public records. 2. Easements, ar claims of easemenes, not shown by the pUblic records. 3. Discrepancies, conjlicts in boundary lines, shortage InlVea, encroachments, and any facts which a correct s~ anti inspe~icn of the premises would disclose and which are not shown by the public rec(Jr'ds. 4. Any lien, or right to a lien.. for services, labor or nuuerial heretofore or hereafter furnished, imposed by law and not shown by the public records. 5. Defects, liens, encumbrances. adverse claims or other matters, !fany, created,jlm appearing In the public records or attaching subsequent to the effe~ive date hereof, but prior to rhe date the proposed insured acquires of record/or value the estate or interest or mortgage thereon covered by this commitment. 6. Unpatented mining claims! reservations or exceptions In patents, Or an act authoming the Issuance thereof; water rights claims or title to water. 7. Any and all unpaid taxes and assessments snd any unredeemed tax sales. B. Exceptions snd Hinera! Reservations as contained in Patent to Aspen ~ownsite recorded March l, 1897 in Book lJ9 at Page JZ6 as Reception NO. 60156. NO'!'!!: provided that S~ewart 'l'itle or Aspen" Inc. records the documentl!l o;f conveyance in the proposed trSnsac~ion the .tatu5 of title will be updated from the time of this commitment to the time ot said reoording. If said update reveals intervening liens or changes in the status of said title appropriate aotion(a) will be taken to disclose or eliminate ssid change prior to the recording of said documents. If said update reveals no intervening liens or changes in the ststus ot title, EXception NO. 5 above will be deleted. NO'!'E: Policies issued hereunder will be subject to exclusions set forth in the AL'l'A 1992 policy form. policy 3acket, setting rorth said terms, oonditions made availsble upen. request. the terml1, conditions, and Copies of ths 1992 form and egalusions, will bs OCT. 19. 2001 3 : 50PM STEWART n TL.E ASF'tN r\ ~iO. 315 P.6/7 ~ ,;1. DlSCLOSURES Pursuant to C.R.S. llHl-IZl, notice i. h....by given thai: <A) THE SUBJECT IUlALI'ROI'ERTY MAY BlH.OCATED IN A SPECIAL TAXING DISTRICT; (B) A CERTIFICATE OF TAXES DUE LJSTlN'O EACH TA.XlN'G JURISDICTION' SHALL BE OETAINED FROM THE COUJI;"rY TREASURER OR THE COUNTY TREASUlUlR'S AtmlOIDZED AGENT; (C) INFORMATION RllOARDING SPECIAL DrS'rIDeTS AND WE BOUNDAR.1);lS OF SUCH DrSTlUCTS MAY BE OBTAINED PROM THIa BOARD OF COUNTY COMMISSIONERS, THE COl,JNrY CLERK A.NI) MCORDER., OR THE COUNTY ASSESSOR. Nolio: Colorado Division of Ii1s=ce Regulation. 3-5-1, ?aragrapb C of Article VII rtqllires thai "Every title entity $bal! be responsible for all mallenl whil'h appear of ~ord prior to the lime of recording WAl!l1oVer !he !itle entity oonduclS the clcsing 0Ul4 is respQlll:ible for reeordinll or filing of logo) documents resulting from the ltansaction which was. clo~d.' Provided that Stewart Title of Aspen, IDe, conducrs lb. closing of the inSUrellll'llmllCQOI1 aud is reoponsible for recordinlllbO IOlla) doollDlent.> from the transaction, exceptioll nUlilber 5 will not appear on tile Owner's Title Policy aud lbe rader's Ti lie Policy WA... issullcl. NOle: Affil1lllllive Mechanic's Lien Protection for the Owner may be availabl. (typically by deletion of Exception No, 4 of Schedule B, Sec:tion2 of the Co_tment from tile ow"er's Policy to be issued) upOll compliance with the fOllowing oonditions: i A. The land do&cribod in Schedule A of this 0011lmitllleot IlillSt be a single family re$idence, which includes a cOlldominium or toWDhouse unit. , B. No labor or mat.dab have been furnished by l1lechallics or materiaIIIlBll for p1l1'Jloses of COllStruction "nllle land described ill Schedule A of this CollU1litmeo.t within tile past 6 months. c. The COMpany must receive an applOpriate ametavit indemnifying the Company against unfiled mechanic's wd materialmen's lieus, D, The company lIIu,t receive paYlllCllt of the aPPlOpri.te premium. E, If there has bee" cOliStruction, improvemellts or m'lior repairs UlIdertolcon on the property to be purohaood. within six months prior to tho D.to of tbe Commitmao.t, the requir.meD.ts to obtain. coverage for WU'ecor<led li<lJls will include: disolosure cf certain constroction informalion; fmouejal information as 10 the seller, th8 builder andlor the contractor; paymoot of lhe appropriate premiUDl; fully executed Indemnity agreemllllts satisfactory to tho CCIliPIll1Y; and, my additional requirelUlll1la as may be necessary after an examination of the aforesaid illformation by the Company, No COy!\ta3f> will be given under any ciroulll$laDcel for lobor or "",teri.1 for whieh the ilIsured ha$ contracted fcr or agreed to pay. , . NOTHING BERlIDi' CONTAINED WlLL BE DEEMEO TO OBLIGATE THE COMPANY TO PROVIDE ANY Oli' 'tHE COVERAGl1:S REFERRED TO HEREIN L)NLESS THE .wOVE CONDITIONS ARE FULLY SATISFIED. Order No, OD02BSG1 DisclolfUI'CS (YSDD) Rev. 10/99 NO.315 P.?/? ~ STEW ART TITLE GUARANTY COMPANY Privacy Policy Notice PURPOSE OF mls NOTICE Title V of the OrllDlln-Leach-BIi1ey Act (GLBA) generally prohihits any r",,,,,cia! ipstitution, directly or tbrough it. .ffiliatllll, from sbaring l1C)llpublic pOtSOII3I infomuotion about you whh . lJOnaffi1iated lhird party unlllllS th. institution provid.. you with a ~otice of its privacy poilcios and practic.., such as lbe lype of information Ihat it eoUects ahoul you and the ca"'gorie, of persons Dr enli~ies to whom it may be di,closed. In compliance with the GLBA, we aro providwlI you with !his documenl, which notifi.s you of the privacy polioies ...d pt'l\Clioes of Stewatt Tille Guaranty Company. We may eollecl nonpublic personal information ab01.l1 you from the following sources: -. Info:mation we receive from you, such.. 011 applicalions or other fotlll~. .. lPfOtlD.tiOll ahmlt your transaCtions we secure from Oil' files, or from our affiliates or others. -- I:rIfOnnatioll we receive from a OOI1SUmt.!' repotling ageoey. -. Infol'IliStion that we receive from others involved in your lTaDSaelion. ~uch as the .eal estate .genl or lender. Unlel$ it i. speeificlllly Slaled olherwise in lIl1 amende4 Privacy Poli.y Nolice, no additionaluonpublie persollal information will he collllCte4 about you. W. may di,close any of the above i:oformalicn thai w. collecl aboulour custom"", or former cuslo""'rs to our affiliates Dr to oonaffiliated thinl partie, as permitted by l.w, We aJso """y alaelose this iofol'l1'llltion aboul O\\r cu'lollle.. or former customers 10 the following types of DOnaftiliated eompllllies Ihat perform marketing $l!I'Vi..s <In our behalf <It wilh whom we bave joinlltllltketing ag"",,,,enlB: -. FiDancial aervice providelll such as compllllio.s oogage4 in b;w.!tiog, eonsUllle!' finance, securities and wsuranee, n NOll-fillaneia\ eompame$ such.. e.o.volope sluffers lIl1d oi:Por fulfillment service providers. , \\IE DO NOT DISCLOSB ANY"NONPUBUC PERSON/U. INPORMATION AllOUT YOU WITH ANYOJ\'E POR ANY PURPOSB THAT IS NOT SPECIFICALLY PERMmED BY LAW. We reslrict access 10 DO:lpubJie Ipe1'$Ol1al information .bout you to those employees who need to blow thaI informatIon in order 10 provide products or serviees to YO\l. We maintain physia.l, elec!rollic, and proce<lural safeglllu'ds that complY with federal regulatiollS to guard yoIII' :lollpublic persolllll information. I'll. Ne. IIOQ2M61. Stnwt. TUki or....., h. Prlv_~tklfNot~(PBg(rl) Rm-.1I'1t201lO1 (YPPNtl I 1""'\ ,-.. Little Ria Ski Haos, LLC . Beverly~Fiore, Agent 414 Black Bear Trail Carbonaale, Colorado October 22, 2001 City of ASpen, The Little Red Ski Hillls, LtC wishes to reopen the Little Red Ski1HIaiis' as a~Bed and ;:~:~~~ :~eo~:::~~: =sT::p~r~O~~:r~~~:~:€JJ:rl1()~ b~e~()pen to business for 2 I am the licensed agent in the State ofColorad6 for The Little'R:ea SkiHaos;tLC. ~ Sincerely, ~~ ~~"\!L Beverly Fiore 414 Black Be!lr Trail Carbondale, Colorado 81623 Phone: (970) 704-0280 FAX: (970) 704~03gT . ,', " . .,' "~."" ,'''.m.,' ........_,--.,~"-'"._~~.."",...'^~...... .. ~ ... "">~'"'..'.':~_,;~".~"'-,._\"""""""""''''''' ."""".",,,,,.~,,,,,,*,,,,,,,,,;,"~;;>!:q.""'~'~''''''''~'''''~.>:!i'' ",~'''''~'. .. I I I I I ~ I I I -;",..j'( I I iiiBi ~ ~ !%iJ ~ i ~ ~ ~ I I !il ~ I I I I !!l I I ~j 11~ .J ,,-.. (') I, Marge Babcock, give David Fiorie and his associates my permission to submit to the city of Aspen an application for a temporary permit to re-open and operate The Little Red Ski Haus as a Bed and Breakfast starting December 1, 2001. DATED: October, 12,2001 SIGNED ?!i!rt GB~./ ~ Marge Babcoc (...\ f1 , &h;b;~ ''E,' Stephen Kanipe, 02:00 AM 10/31/01 -0700, Re: Little Red Ski Haus Temporary Use X-Sender: stephenk@comdev (Unverified) X-Mailer: Windows Eudora Pro Version 2.1.2 Date: Wed, 31 Oct 2001 02:00:26 -0700 To: James Lindt <jamesl@ci.aspen.co.us> From: Stephen Kanipe <stephenk@ci.aspen.co.us> Subject: Re: Little Red Ski Haus Temporary Use Cc: denism@ci.aspen.co.us I agree, with some hesitation. I think the UCBC would require that the usual life safety equipment be in place and operable, like some detectors, fire extinguishers and such. We would also need a floor plan to evaluate the whole thing like exits and common rooms. I'm not sure what remodeling has taken place since it was a lodge, but if not much has happened it should be easy. sk At 04:07 PM 10/30101 -0600, you wrote: >Hi Stephen, > The Little Red Ski Haus has applied for a temporary use to convert back to >a lodge for the winter. Denis and I spoke about whether they would have to >bring everything up to code or not. The people that are buying the place >are planning on rezoning it and doing a large remodel after they can get >Iand use approvals (a four to six month process). The temporary use permit >would allow them to open for the winter as a lodge if City Council approves >it. Denis does not feel that for the temporary conversion and the >temporary use permit that they would have to upgrade everything to code >until they did their large remodel. Do you agree? I need to know because >they are scheduled for public hearing on 11/26 before Council. > > Thanks, >James > > > Printed for James Lindt <jamesl@ci.aspen.co.us> 1 ,'iifi r-.. A Jannette Whitcomb, 11:19 AM 10/31/01 -0700, Little Red haus X-Sender: jannette@comdev X-Mailer: QUALCOMM Windows Eudora Pro Version 4.2.0.58 Date: Wed, 31 Oct 200111:19:55 -0700 To: jamesl@ci.aspen.co.us From: Jannette Whitcomb <jannette@ci.aspen.co.us> Subject: Little Red haus James... I spoke with Beverly Fiore about the Little Red Haus and food service. She will only be serving non-potentially hazardous foods, such as pastries, breads and cereals. She plans to remodel and install a commercial kitchen in the future. Until she does the remodel (and only serves the above food types) she is not required to have a food service license. Therefore, I do not believe I need to review her temporary permit. Let me know if you need more clarification or information, Jannette Whitcomb, REHS Food Program Manager Aspen Environmental Health Department 970.920.5069 http://www.aspengov.com/eh/city/index.html Printed for James Lindt <jamesl@ci.aspen.co.us> 1 - - o - - ~ .- ..c .- .r::. >< W a.. <C :E ~ - z - ~v > UJ ::J <C J: 52' UJ c W"o 0:::' W ..J l- I- - ..J 1'4 i (') tIl Gl E cu Z 'C cu Gl &, (,) Gl CU "i tIl ~ (,) ~c1! c rn OGlo Gl 'C ,!Q.o.tIlQ. l!! Gl:folll!!O 1! Z_ ::IolItIl::l 'C 0 l!!t)tIlGi:I: CU~~2~~Gl &,._.__cucuc ol:l:::rno.o.o <DII6]D~ ~ z r./J. ~ n ~ ,... I " Mandlknapp@aol.com, 09:10 PM 11/20/01 -0500, Little Red. Ski. House Dear Mr. Lindt: Pulol,'c Co('respo0,cI.e/I'C~ R ect!-/' i/ ~J R e-!)Ct td I VI. Cj LJ'H-le- keel S)"I HqUS -reM AOV'O v'y tJ.se- From: Mandlknapp@aol.com Date: Tue, 20 Nov200121:10:10 EST Subject: Little Red Ski House To: jamesl@ci.aspen.co.us X-Mailer: AOL 6.0 for Windows US sub 10539 X-ECS-MailScanner: Found to be clean Thank you for the oonversation on the topic of the variance for the Little Red Ski House. My points are: Front Yard-The variance should specifically prevent parking on the front yard. This is unsightly and unnecessary. There is no access to that space. By permission, I allowed the former manager to drive over my parking space at Der Berghofto the immediate north to park his caron the front yard. In return, he agreed to work hard to stop guests at the LRSH from parking north of the property line and blocking the parking spaces of units at Der Berghof. This was always a big problem. I will no longer agree to allow persons to use the parking space to enter the LRSH property. You indicate that the LRSH has represented that there are several parking spaces in the front yard. There is room for only one vehicle and there has never been a request to me to allow more than one to cross my drive to park in the front yard. I doubt there ever was a right to park cars on thetrontyard. In any event, parking on the front yard in modern Aspen is out of bounds and I hope that the Council will protect our neighborhood from such intrusions. Pavement-The LRSH has a mud area across the front of its property with no sidewalk. This area is a mess in every season. In the winter it is dangerous. Many people fall in the snow pack and ice. Others try to walk into the street to avoid the area and fall. The sound of a yell and the crash of skis is common. Before the LRSH is allowed to operate as a lodge, it should be required to pave the walkway across the front of the property. I would think the City would be fearful of liability for the significant injury that may happen without this simple improvement being made. Parking On Street--I raise for your oonsideration the problem of parking in general. I will not go into detail because the Council can develop the issue itself and there are others who will be impacted much more than I. The street is full of parkers in all seasons now using the residential parking cards. Adding 20 to 25 more cars will cause huge disruption. How can the street fairly be asked to take on that burden? In the old days those carsoould park all over town but that is no longer possible. Likely, many will go to Koch Park and I suspect many Aspenites who use the Park and the spaces will be upset. Hopefully, ilthe Council grants a variance, itwill find a solution to place those guest cars in some other location. THE VARIANCE-It has been raised to me in oonversation that perhaps it is not possible to simply ask for a variance to operate as a lodge from residential without a full and proper rezoning procedure. I raise this to you and Council for your own oonsideration and I assume others will also. The Council has changed this neighborhood substantially over the years. The LRSH is a quaint idea and I like quaint ideas as much as anyone in Aspen. In fact, I dislike progress. Still, the density of the street. which is very much a neighborhood, has changed immensely since the LRSH flourished. It really would be unfair to grant a variance that does not fully oonsider the huge impact that a 1950s style operation would have on the neighborhood. Maybe at least 1970 style rules. Ilthis request for a variance is in fact improper, I assume the Council will address the point. Printed for James Lindt <jamesl@ci.aspen.co.us> 1 (""'\, {\ ~, Mandlknapp@aol.com, 09:10 PM 11/20/01 -0500, Little Red Ski House Thank you and also the Council for your oonsideration, Mike Knapp. #6, Der Berghof 100 E. Cooper St. Printed for James Lindt <jamesl@ci.aspen.co.us> 2 '" ~...,.:~ )littlt 1tdt ,;Gi ~iWl Historic Bed & Breakfast Victorian Lodging n"""iI">f?",qED r\U:y~iU'. I NUV ;) (J LUJJ ASPEN I PiTKIN COMMUNITY DEVELOPMENT Your Hosts: Ken and Katie Crow Business Manager Beverly Fiore November 28,2001 James Lmdr~' " :Dep,ariJrfft:to}:flaimin,.g ',,'; Citf;or Asp'en" .<1.,:...:, ," "" -~."':% .. ""'1'-&'" . .. .... '"' ~ ~4~4"\ .;;.::' t).South Galena ';;' . "i>"'*<;p%t ..."_">,, .,'" -,.- ...."... ",' ,""Y#. ' ", HC08161'1- '::"&:z::::;:: "n, .... ",', ,..... .. .'.:"...., i-+:', ' ""'+0+li'*'" .. ,-,',-."...,y.u...","/" "f;;?:' JA.", .. i;:, ., ~;':";;:;;' '-jaflit4;i+;R;"'4.. "'~+**:"!""" ' ' ""'''0..<"-' '. .. u,', """.,."4"di1*d~l%6s+, "::;::;:hx,**" ,,~4~, r .. 111dt;,:1";:;~!!!!'!!1?~ ..W~~; .. ..... < .if' ....>J4d~4.... 'H jif:i... ; "', ,.,:.t,:.'.,.(iy:L.....;y-,..{.:/<A.,:.:,..._SxA..y,;.. .. "";'_':::'/i;~'",";~-&1" '" W'.' " EL;;~_;~'ij, 5'~~~~.::S+~!'~S:i,:#l:+&:z.t5gt4<,:1tj;;~z"~W:0*. " ",~~< ""', ,;' ,i ,>. '~-'" ,', .' ;'!!fit;, ~~1"<?uld F.~~to t?ank~o~~..!~~#_w or and Ci q~c~' ;~p.:-olHer!~!;aff roembetftl :~!,m~l )lour help ana: consl(;Ierat~tn o"(tr $lffprt& to Q"l,"n~\llll . plratmg stall!s fo . . 'U: ::;n:,itd<;~~e~:~~!;rraus:Z!~' 'iij?~rfl~!~pp~~l;iate'~Out!Hjo~dSS\ijfidjisHt!n~ I :s I, :::;:p' '. ~~tlfYou in 1telsuing%tllblt1:bs as we go through the review and ", . ., fot'ffurrenovations. We are excited about becoming a vital part of the Aspen.:; DRF:wp .'i,',/ .,:; 118 East Cooper Avenue' Aspen, Colorado 81611 . Phone: 970.925.3333 . Fax: 970.704.0381 www.littleredskihaus.net rJ f") j Stephen Kanipe, 08:45 AM 11/6/01 -0700, Little Red Ski Haus X-Sender: stephenk@comdev X-Mailer: QUALCOMM Windows Eudora Pro Version 4.2.2 Date: Tue, 06 Nov 2001 08:45:21 -0700 To: jamesl@ci.aspen.co.us From: Stephen Kanipe <stephenk@ci.aspen.co.us> Subject: Little Red Ski Haus Cc: erikp@ci.aspen.co.us, jima@ci.aspen.co.us, stephenk@ci.aspen.co.us, tomp@ci.aspen.co.us, tonyf@ci.aspen.co.us, vickim@ci.aspen.co.us, denism@ci.aspen.co.us, brianpa@ci.aspen.co.us James, From our site visit to 118 E. Cooper on 11/5/011 have three comments: 1) all battery operated smoke detectors should be tested 2) no occupancy of rooms without proper egress (Last Chance?) 3) Fire Marshal should test pull stations That is all. Stephen Printed for James Lindt <jamesl@ci.aspen.co.us> 1 r\ f1 ... - AFFIDAVIT OF PUBLIC NOTICE REQUIRED BY SECTION 26.304.060 (E), ASPEN LAND USE CODE' ADDRESS OF PROPERTY: i J :? E, C Ci CJ 1)(2 /' It V E' , , Aspen, CO SCHEDULED PUBLIC HEARING DATE: ,200_ STATE OF COLORADO ) ) ss. County of Pitkin ) I, J3 eve v' {l: j:::-,' tF e (name, please print) being or repres nting an Applicarlt to the City of Aspen, Colorado, hereby personally certifY that I have complied with the public notice requirements of Section 26.304.060 (E) of the Aspen Land Use Code in the following manner: ~ Publication of notice: By the publication in the legal notice section of an official paper or a paper of general circulation in the City of Aspen at least fifteen (15) days prior to the public hearing. A copy of the publication is attached hereto. \/ . ~ Posting of notice: By posting of notice, which form:wl!i;'o!ltainedfrom the Community Development Department, which was nfade of suita.~~e, waterproof materials, which was not less than twenty-two (22) inches wi4e and twenty-six (26) inches high, and which was composed ofletters not less than one inch in height. Said notice was posted' at'rea~{ ten" (i 0) da:W"". prior to the public hearing and was continuously visible from the !OCK.day of 'Y1 c~ ,2001-, to and including the date and time of the public hearing. A photograph of the posted notice (sign) is attached hereto. '5 ~ Mailing of notice. By the mailing of a notice obtained from the Co~unity Development Department, which contains the information described in Section 26.304.060(E)(2) ofthe Aspen Land Use Code. At least ten (10) days prior to the public hearing, notice was hand delivered or mailed by first class, postage prepaid U.S. mail to all owners of property within three hundred (300) feet of the property subject to the development application, and, at least fifteen (15) days prior to the public hearing, notice was hand delivered or mailed by first class postage prepaid U.S. mail to any federal agency. state, county, municipal government, school, service district or other governmental or quasi-governmental agency that owns property within three hundred (300) feet of the property subject to the development application. The names and addresses of property owners shall be those on the current tax records of Pitkin County as they appeared no more than sixty (60) days prior to the date of the public hearing. A copy of the owners and governmental agencies so noticed is attached hereto. (continued on next page) r~ I) Rezoning or text amendment. Whenever the official zoning district map is in any way to be changed or amended incidental to or as part of a general revision of this Title, or whenever the text of this Title is to be amended, whether such revision be made by repeal of this Title and enactment of a new land use regulation, or otherwise, the requirement of an accurate survey map or other sufficient legal description of, and the notice to and listing of names and addresses of owners of real property in the area of the proposed change shall be waived. However, the proposed zoning map has been available for public inspection in the planning agency during all business hours for fifteen (15) days prior to the public hearing on such amendments. rQ ..~...? . (~ ) +~ Signature The foregoing "Affidavit of Notice" was acknowledged before me this [~Wday of Y\<,\\) < , 200l., by mD\l~;~\~ -:ri<lVf' "OFFICIAL SEAL" LYNDA RUSHER Notary Public, Slate of Illinois My Commission Exoires 08/13/05 WITNESS MY HAND AND OFFICIAL SEAL My commission expires: 'X ~\()5 ~~~.~~\~~~) ubhc ATTACHMENTS: COPY OF THE PUBLICATION PHOTOGRAPH OF THE POSTED NOTICE (SIGN) LIST OF THE OWNERS AND GOVERNMENTAL AGENCIES NOTICED BY MAIL f"""., WHITE JALEH 960 E DURANT #7 ASPEN,CO 81611-2024 CURRAN CHRISTINA H C/O MR. & MRS. R.W.E. NEILSON DUKES HOUSE SANDY LANE BLAZEFIELD HARROGA TE, HG3 5DT UK CROCKETT RUFUS PO BOX 3837 ASPEN,CO 81612 RUMSEY DANIEL W 1018 4TH STREET - #103 SANTA MONICA,CA 90403-6127 DEWlND JODETTE L 119 ECOOPER-APT 12 ASPEN,CO 81611-1772 ALLEN DOUGLAS P 520 E COOPER AVE STE 230 ASPEN,CO 81611 MILLER R GREG PO BOX 4577 ASPEN,CO 81612 VANOVER STEF ANIE KAI PO BOX 3394 ASPEN,CO 81612 BRUMDER PHILIP G & ASMUTH ANTHONY QUARLES & BRADY C/O 411 E WISCONSIN AVE STE 2500 MILWAUKEE,WI53202 NELSON ARLENE 119 E COOPER ST #6 ASPEN,CO 81611 ~ NOONAN ELIZABETH A TRUST ~ C/O AUSTINE NOONAN STITT TRUSTEE 1450 SILVER KING DR ASPEN,CO 51611 COLEMAN ISAIAH PO BOX 11239 ASPEN,CO 81612 BINSTOCK ABBE I FLAT 2 2 EGERTON PLACE LONDON ENGLAND,UK SW32EF OTT JOHN POBOX 1004 BENSALEM,PA 19020-5004 WEINGLASSLEONARD PO BOX 11509 ASPEN,CO 81612 LIMELITE INC 228 E COOPER ASPEN,CO 81611 LEBBY ERIN PO BOX 1352 ASPEN,CO 81612 LIMELlTE INC PAAS LEROY G 228 E COOPER AVE ASPEN,CO 81611 WICHMANN VICTORIA 119 E COOPER AVE #4 ASPEN,CO 81611 BLACKWELL CLARENCE A & ANNE H PO BOX 3180 ANNAPOLIS,MD 21403 KING RICHARD 8< LAUREN 1017 N ROXBURY DR BEVERLYHILLS,CA 90210-3021 POPKIN PHILIP G PO BOX 7956 ASPEN,CO 81612 HERRON SANDRA 119 E COOPER ST #19 ASPEN,CO 81611 GUBSER NICHOLAS J PO BOX 870 ASPEN,CO 81612 FENZL SUSAN 119 E COOPER AVE UNIT 11 ASPEN,CO 81611 BOVINO FAMILY INVESTMENTS LLC 2201 S OCEAN BLVD APT 2803 HOLL YWOOD,FL 33019 LONE EAGLE TRUST PO BOX 3550 ASPEN,CO 81612 FUQUA ALVAH D JR & DIANNE L 446 LAKE SHORE DR SUNSET BEACH,NC 28468 PRODINGER IRMA PO BOX 1245 ASPEN,CO 81612 ALH HOLDING COMPANYflNVERNESSLODGEINC 435 W MAIN ST ASPEN,CO 8161 I r-. LADD EDWIN V JR & WILMA C 51 GREAT MEADOW LN A VON,CT 06001-4549 ANDERSEN PAUL EGON 488 CASTLE CREEK RD ASPEN,CO 81611-3110 DOLLE NORMA 124 E COOPER AVE ASPEN,CO 81611 STROH GEORGE C 8525 SKYLAND DR NIWOT,CO 80503 SHAW ROBERT W POBOX 121157 FORT WORTH,TX 76121 CARRIGAN RlCHARD A JR FERMILABS KIRK AND WILSON ROADS BALA VIA,IL 60510 SUMMIT VIEW INC 248 WASHINGTON ST TOMS RlVER,NJ 08754 BOGIN ROBERT M & KIMBERLY B 17 APPLE LN CALIFON,NJ 07830 CALLAHAN PATRICIA 0184 MOUNTAIN LAUREL DR ASPEN,CO 81611 KAUFMAN STEVEN B TRUST C/O VIRGINIA HARLOW 0554 ESCALANTE CARBONDALE,CO 81623-8770 ("\ , . ~ FYRW ALD JON ERlK & GUDRUN L ' 915 CECIL ROAD WILMINGTON,DE 19807 LIMELITE INC A COLORADO CORPORATION 228 E COOPER AVE ASPEN,CO 81611 CLARK ANDREA POBOX 6452 CHICAGO,IL 60680-6452 SAUNDERS-WHITE CAROL REV TRUST PO BOX 8100 ASPEN,CO 81612 GUTNER KENNETH H REVOCABLE TRUST GUTNER KENNETH H TRUSTEE PO BOX 11001 ASPEN,CO 81612 LEATHERMAN ROBERT D PO BOX 11930 ASPEN,CO 81612 JACOBSON F AMIL Y TRUST 2168 SANTA MARGARlTA DR FALLBROOK,CA 92028 KEITH JOHN III 300 puppy SMITH ST #205-230 ASPEN,CO 81611 MACALPINE KENDRA M 1991 TRUST 101 ECOOPERAVE-APT201 ASPEN,CO 81611-1758 JOBE MARCIA POBOX M-3 ASPEN,CO 81612 COHEN FRANK R 335 DETROIT ST #504 DENVER,CO 80206 CLAUSEN FAMILY TRUST NO 1 C/O HYNDS JOHN W TRUSTEE PO BOX 685 MORRlS,IL 60450 SULLIVAN JOHN B SULL V AN JUNE A PO BOX 367 SA V ANNA,IL 61074-0367 NEWMAN KERRY J & RlCKI R 617 PRINCE DR NEWBURGH,IN 47630 ZAUNER HEINZ WRGEN C/O BARBARA ELIAS 0451 STAGECOACH LANE CARBONDALE,CO 81623 CARRUTHERS MARlL YN 101 E COOPER #301 ASPEN,CO 81611 TYLER BERlT G & TYLER CHARLES E 101 E COOPER AVE #302 ASPEN,CO 81611 HOUGH HAZEL C 1 BEACH DR APT #1002 ST PETERSBURG,FL 33701 GILBERT CHARLENE B PO BOX 35 CARBONDALE, CO 81623-0035 GEORGIEFF KATHERINE TRUSTEE OF THE KATHERINE GEORGIEFF REVOCABLE LIVING TRS #11 TOPPING LN STLOUlS,MO 63131 ("'") GLISMANN JOHN P PO BOX 4999 ASPEN,CO 81612 SARICK SHEREEN CLAIRE 95 BARBER GREEN ROAD APT 305 DON MILLS, ONTARIO CANAD MORGAN LUCINDA P 100 E COOPER #10 ASPEN,CO 81611 LARKIN FRED C LARKIN LUCETTA M ONE COVE LN LITTLETON,CO 80123 STUNDA STEVEN R 515 5TH ST ANNAPOLIS,MD 21403 FULSTONE AMY HAYDEN 3 I RIVERS RD SMITH,NV 89430 KEALY MARGE A/KI A KEALY MARGARET 150 E HARTSDALE AVE APT4D HARTSDALE,NY 10530-3527 SCHEUER KIM 100 E COOPER #2 ASPEN,CO 81611 CITY OF ASPEN 130 S GALENA ST ASPEN, CO 81611 SCULL JAMES E PO BOX 2051 ASPEN,CO 81612 A NORRIS JOAN 1999 REV TRUST ' 3334 E COAST HWY PMB 145 CORONA DEL MAR,CA 92625 GOLDMAN SHERYL LYNN 520 E COOPER ST STE 2 IO ASPEN,CO 81611 STARR INC A NEVADA CORPORATION PO BOX 11980 ASPEN,CO 81612 KESSELRING ROBERT 0 100 E COOPER AVE #12 ASPEN,CO 81611 SIRKIN ALAN & ALICIA 3500 S BAY HOMES DR MIAMI,FL 33133 DOLLE NORMA 124 E COOPER AVE ASPEN,CO 81611 KNAPP MICHAEL 137 PEARL ST GRAND RAPIDS,MI 49503-2808 PRODINGER IRMA PO BOX 1245 ASPEN,CO 81612 SHENNAN MELISSA A 2036 N BISSELL ST CHICAGO,IL 60614 CLASEN NORMAN E & LAURA B PO BOX 1155 BASALT,CO 81621 CHICAGO SNOWFLAKE INVESTMENT GROUP INC C/O SHELL PROPERTIES CORP 40 SKOKIE BLVD - STE 350 NORTHBROOK,IL 60062 BRAL VER BETTY SUSANNE PO BOX 11571 ASPEN,CO 81612 TIERNEY MICHAEL P & ANNE PO BOX 2391 ASPEN,CO 81612 BABCOCK MARJORIE TRUSTEE 2161 KALIA RD #412 HONOLULU,HI 96815 LED INGHAM LARRY 45% 124 E COOPER AVE ASPEN,CO 81611 BECK GLENNIS GEORGE 2928 SNOWMASS CREEK RD SNOWMASS,CO 81654 DEWIND JODETTE L 100 E COOPER AVE #3 ASPEN,CO 81611 THALBERG KATHARINE C/O EXPLORE BOOKSELLERS 221 E MAIN ASPEN, CO 81611 BRAYMAN WALTER W & PATRICIA JT 5530 FAIRWAY SHAWNEE MISSION,KS 66205 LAMAN WILLIAM HAND E MARGRIT 2301 CALLE LOS ALTOS TUCSON,AZ 85718 ,." ./ CHALET LlSL PARTNERSHIP LTD 100 E HYMAN AVE ASPEN,CO 81611 VPERREAULT GEORGE C 7336 CAPTAIN KIDD AVE SARASOTA,FL 34231-5442 r/ PERREAULT GEORGE C 7336 CAPTAIN KIDD AVE SARASOTA,FL 34231-5442 ./ TANGUAY MICHAEL LAWRENCE 319 AABC STE G ASPEN,CO 81611-3516 .; LAW GLENN EUGENE PO BOX 2537 ASPEN, CO 81612 J v DALTON CHARLES 0 & SUSNNA C 4406 N OCEAN BLVD MYRTLE BEACH,SC 29577 ,/ LAW GLENN EUGENE PO BOX 2537 ASPEN, CO 81612 DIAGNOSTIC IMAGING ASSOCIATES 3900 S WADSWORTH #250 LAKEWOOD,CO 80235 HALE TERRY L W/ STERN 104 W COOPER AVE #3 ASPEN,CO 8161 I HARTMAN F AMIL Y PARTNERSHIP LTD 209 W FELICITY ST ANGOLA,IN 46703 WINKELMAN WENDY L 108 W HYMAN AVE #8 ASPEN,CO 81611 f\ ,) CRETE ASSOCIATES LP C/O UNIVERSITY CITY HOUSING CO PO BOX 1524 BRYNMA WR,PA 19010 IVES THEODORA H 1874 SPINDRIFT DR LA JOLLA,CA 92037 GLICKENHAUS & CO 6 E 43RD ST NEWYORK,NY 10017 RENO ASPEN PROPER TlES LLC 210 E HYMAN AVE #202 ASPEN,CO 81611 RASMUSSEN DAVID L & RITA M 2907 LUCERN CT ARLINGTON,TX 76012 MACDONALD V ALERlE PO BOX 1681 ASPEN,CO 81612 SCHIFFER SPENCER F 985 CEMETERY LN ASPEN,CO 81611 MORRAY ELIZABETH PO BOX 10459 ASPEN, CO 81612 RUTLEDGE WILLIAM 0 N 305 S ASPEN #2 ASPEN,CO 81611 BEVERS ROCHELLE C REAL ESTATE TRUST 8701 BLUFFSTONE CV APT 1104 AUSTIN,TX 78759-7820 BEVERS ROCHELLE C REAL ESTATE TRUST 8701 BLUFVSTONE CV APT 1104 AUSTIN,TX 78759-7820 LIPTON DONN H & MARILYN G TRUSTEES LIPTON DOUGLAS GREGG&RANDALL CO TRUSTEES 1600 WOODSON RD ST LOUlS,MO 63114 WHITMAN WENDALIN 210 EHYMAN AVE #101 ASPEN,CO 8161 1 BRAL VER RICHARD PO BOX 10605 ASPEN,CO 81612 RK LAND & CATTLE CO LLC C/O RON KANAN PO BOX 649 ASPEN,CO 81612 DAVIS BRUCE L PO BOX 8851 ASPEN,CO 81612-8851 BARNES JACK & BONITA 125 WEST HYMAN - 2A ASPEN,CO 81611 JACKSON KATHIE POBOX 1667 SOLANA BEACH,CA 92075-7667 HEALY JOSEPH E 104 W COOPER AVE APT 4 ASPEN,CO 81611-1764 r\ SHENK ROBERT D 0304 HWY 133 CARBONDALE,CO 81623 GINSBURG ANNE C & ROBERT B 17309 WHITE HAVEN DR BOCA RA TON,FL 33496 KIRSCHNER CAROLE J 300 PUPPY SMITH #203 PMB 278 ASPEN,CO 8161 I SEVERY CHARLES L 70.39% 30 DEXTER ST DENVER, CO 80220 ~ SHENK JAMES R TRUSTEE OF SHENK TRUST 0304 HWY 133 CARBONDALE,CO 81623 PINES LODGE DEVELOPMENT LLC 960 E DURANT AVE #7 ASPEN,CO 8161 I ROSE JON E ROSERITAL 303 MAGNOLIA LAKE DR LONGWOOD,FL 32779 AL YEMENI MOHAMMED & ALICE 819 LINWOOD RD MOORESVILLE,NC 28115 UHLFELDER V AMIL Y INVESTMENTS RLLP 633 N 4TH ST ASPEN,CO 81611 HElM WILLIAM D 124 E DURANT AVE APT 1 ASPEN,CO 81611-1769 TAYLORHARVEYC W301 N9430HWYE HARTLAND,WI 53029 r\ c-\ ~(.J --- P I"-AO~? 6---.' [-ell ~30 7~-70b~ \o<~. M'J ..1 Jj ~ ",<X' ~7 ~(^~I.J2 CITY OF ASPEN WOI/r-." 1I:D?(,3JC) ~ -:2.vo (' "Y-'-') PRE-APPLICATION CONFERENCE SUMMARY )( :t2I V-,.z 1'" \t t-\ . (' 13/~, , j PLANNER: Fred Jarman DATE: August 24,2000 PROJECT: PARCEL ID: REPRESENTATIVE: OWNER: TYPE OF APPLICATION: DESCRIPTION: Little Red Ski House Rezoning and Change in Use 2735-124-71-005 Steve Walker Marge Babcock Rezoning to LP District Overlay / Change in Use The applicant has owned and operated the Little Red Ski House (an historic landmark) as a 24 room B&B for the last 37 years as in the R/MF Zoning District and is currently non-conforming. The owner abandoned the B&B use on April 10, 1999 and has been operating the building as a single-family residence since that date. The owner wishes to place the building on the market as either a single- family dwelling or as a B&B. In order to do this, the applicant will have to 1) rezone to have the RJMF as the underlying Zone District with an LP Zone District Overlay thereby allowing the Little Red Ski House to exist as either a B&B or single-family residence which are permitted uses in the LP Zone District. In either case, the applicant must also apply for a Change in Use to determine . which use it wishes to be within the two zone districts. A change in use for historic landmarks is exempt from Growth Management Quota System. land Use Code Section(s) 26.710.320 lodge Preservation Overlay Zone District 26.470.070 Exemptions 26.310.010 Amendments to the land Use Code and Official Zone District Map Review by: Public Hearing: Referral Agencies: Planning Fees: Planning Deposit ($2,310) Referral Agency Fees: Total Deposit: $2,310 (additional hours are billed at a rate of $195/hour) Community Development Department, Zoning Officer Yes, Planning & Zoning Commission and City Council To apply, submit the following information: 1. Proof of ownership. 2. Signed fee agreement. 3. Applicant's name, address and telephone number in a letter signed by the applicant which states the name, address and telephone number of the representative(s) authorized to act on behalf of the applicant. 4. Street address and legal description of the parcel on which development is proposed to occur, consisting of a current certificate from a title insurance company, or attorney licensed to practice in the State of Colorado, listing the names of all owners of the property, and all mortgages, judgments, 1""'\ ~ liens, easements, contracts and agreements affecting the parcel, and demonstrating the owner's right to apply for the Development Application. 5. Total deposit for review of the application 6. 20 Copies of the complete application packet and maps. Planning & Zoning Commission = 10; Planning Staff = 2; City Council = 8 7. An 8 112" by 11" vicinity map locating the parcel within the City of Aspen. 8. Draft Plat including topography and vegetation showing the current status, including all easements and vacated rights of way, of the parcel certified by a registered land surveyor, licensed in the state of Colorado. Contact Engineering Department if more specifics are needed. 920.5080. 9. A written description of the proposal and an explanation in written, graphic, or model form of how the proposed development complies with the review standards relevant to the development application. Please include existing conditions as well as proposed. Please refer to the review standards in the application. Process: Planner reviews case for completeness and sends to referral agencies for referral comments. Case planner contacts applicant and sets up a site visit. Staff reviews application to determine if it meets standards of review [Section 26...] Case planner makes a recommendation of approval, approval with conditions, or denial to the Community Development Director. The applicant shall post property 5 days prior to the public hearing, attach a picture of the posting notice to the Affidavit to be brought to the public hearing. 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 mayor may not be accurate. The summary does not create a legal or vested right. Land Use Code Information 26.710.320 Lodge Preservation Overlay (LP) zone district. A. Purpose. The purpose of the Lodge Preservation (LP) Overlay zone district is to provide for and protect small lodge uses on properties historically used for lodge accommodations, to permit redevelopment of these properties to accommodate lodge and affordable housing uses, to provide uses accessory and normally associated with lodge and affordable housing development, to encourage development which is compatible with the neighborhood and respective of the manner in which the property has historically operated, and to provide an incentive for upgrading existing lodges on-site or onto adjacent properties. B.. Permitted uses. The following uses are permitted as of right in the LP Overlay zone district: 1. Lodge; 2. Boarding house; 3. Dormitory; 4. Affordable housing for employees of the lodge; . . r\ """'\ .,/ 5. Accessory use facilities intended for guests of permitted lodge units, boarding house or dormitory, which are commonly found in association and are for guest.s only, including office, lounge, kitchen, dining room, laundry and recreational facilities; 6. Accessory buildings and uses; and . 7. The permitted uses of the underlying zone district. C. Conditional Uses. The following uses are permitted in the LP Overlay zone district, subject to the standards and procedures established in Chapter 26.425 of this Code: 1. Affordable housing 2. Restaurant; 3. Timesharing; 4. The uses allowed as conditional uses in the underlying zone district. D. Dimensional requirements. The dimensional requirements for all uses in the Lodge Preservation (LP) Overlay Zone District shall be the dimensional requirements established for those uses in the underlying zone district. Upon consideration of the neighborhood compatibility and the dimensional requirements regulations surrounding zone districts, the dimensional requirements of the underlying zone district may be varied pursuant to Section 26.446, Planned Unit Development. 26.470.070 Exemptions. The following types of development are exempt from the growth management competition and scoring provisions of this Title. Some types of exempt residential and tourist accommodations development are deducted from the pool of annual development allotments and Aspen Metro Area development ceilings; others are not. This Section describes the types of development that are exempt from growth management competition and scoring; conditions or standards, if any, for exemption; and the decision making body responsible for reviewing applications for exemption. A. Remodeling, restoration, or reconstruction of existing buildings. The following exemptions shall not be deducted from the respective annual development allotments established pursuant to Section 26.470.050 or from the Aspen Metro Area development ceilings established pursuant to Section 26.470.030. Exemption review is by the Community Development Director. 1. Remodelinf!:, restoration or reconstruction of existinf!: commercial, lodf!:e or multi- family buildinf!:s. The remodeling, restoration or reconstruction of an existing lodge or multi- family building shall be exempt from the growth management competition and scoring i"", n procedures, provided that it does not create additional dwelling, hotel or lodge units or involve a change of use. To obtain approval to reconstruct demolished commercial or office floor area, the applicant shall demonstrate that affordable housing and parking is provided for the reconstructed floor area as if it were newly constructed space. The addition of a trellis structure to a commercial restaurant use which does not expand commercial or office floor area or create additional dwelling, hotel or lodge units or involve a change of use shall be exempt. When a trellis structure is proposed within an open space area, it shall be demonstrated that the structure: a) is not enclosed by walls, screens, windows or other enclosures; and b) shall maintain fifty (50) percent of the overhead structure open to the sky; and c) is designed and maintained so that snow does not accumulate to form a closed roof-like cover. No bandit unit shall be remodeled, restored or reconstructed unless it has first been legalized pursuant to Section 26.520.020(C). 2. Reconstruction of demolished units. The reconstruction of demolished units shall be exempt. An exemption request that includes a request for an extension of the three year deadline on reconstruction of demolished dwelling, hotel and lodge units shall be accompanied by an improvements survey of the structure. No demolition shall occur until the Community Development Director has verified the accuracy of the improvements survey. The exemption for reconstruction of a demolished unit is available only upon a finding of compliance with the following standards: a. An applicant may propose to demolish and then delay the reconstruction of existing dwelling, hotel or lodge units. b. The applicant shall verify, by a letter submitted t.o and approved by the Community Development Director, the number of existing legal units on the property prior to demolition and shall agree that reconstruction will occur pursuant to the terms of this Section. c. Reconstruction shall occur within five (5) years of demolition, unless an extension ofthis deadline is granted by the City Council for good cause. d. Any building that is demolished shall be limited to reconstruction on the same parcel or on a contiguous parcel owned by the applicant, unless it is determined that reconstruction shall be permitted off-site pursuant to Section 26.520.020(D). 3. Replacement of structures listed on inventory of historic structures. A structure included on the inventory of historic structures that is neither an historic landmark nor located within an Historic Overlay District may be removed from a property and relocated elsewhere within the City of Aspen and need not be demolished in order for a replacement structure on its original site to be exempted from the growth management competition and scoring procedures, provided that the structure is designated as an historic landmark in its new location and all necessary development approvals are obtained from HPC and the Planning and Zoning Commission. r-.. ~ 4. Replacement of demolished multi-family, residential units. Replacement of demolished multi-family residential units shall be subject to the requirements of the Housing Replacement Program (See Chapter 26.530), and Sections 26.470.070(A)(l) and (2), above. 5. Remodelin~, restoration or expansion of existin~ sin~/e-family or duplex dwellin~s. The remodeling, restoration or expansion of existing single-family or duplex dwellings shall be exempt from the growth management competition and scoring procedures. B. Detached single-family or duplex dwelling unit. The following shall be exempt from the growth management scoring and competition procedures: 1) the construction of one or two detached residential units or a duplex dwelling on a lot that was subdivided or was a legally described parcel prior to November 14, 1977, that complies with the provisions of Section 26.480.020(E), or 2) the replacement after demolition of one or two detached residential units or aduplex dwelling, or 3) the remodel or expansion of a single-family dwelling into a duplex dwelling. This exemption shall not be applied to any lot for which any other development allotment is currently being sought or is approved. This exemption shall not be deducted from the respective annual development allotments established pursuant to Section 26.470.050 or from the Aspen Metro Area development ceilings established pursuant to Section 26.470.030. Exemption review is by the Community Development Director. This exemption shall be granted only if the following standards are met. 1. Sin~le-family. In order to qualify for a single-family exemption, the applicant shall have three (3) options: a. providing an Accessory Dwelling Unit (ADU) pursuant to Section 26.520; b. paying the applicable affordable housing impact fee pursuant to the AspenlPitkin County Housing Authority Guidelines, as amended; or c. recording a resident-occupancy (RO) deed restriction on the single-family dwelling unit being constructed. 2. Duplex. In order to qualify for a duplex exemption, the applicant shall have five (5) options: a. providing one free market dwelling unit and one deed restricted, resident- occupied dwelling unit with a minimum floor area of one thousand five hundred (1,500) square feet; b. providing two free market dwelling units and one accessory dwelling unit with a minimum floor area of six hundred (600) net livable square feet pursuant to Section 26.520; c. providing two free market dwelling units and two Accessory Dwelling Units, each with a minimum net livable floor area of three hundred (300) square feet, pursuant to Section 26.520; t"""'\ ~ . d. providing two deed restricted, resident-occupied (RO) dwelling units; or e. paying the applicable affordable housing impact fee pursuant to the AspenlPitkin County Housing Authority Guidelines, as amended. C. Historic Landmark Lot Split. The construction of each new single-family dwelling on a lot created through a Historic Landmark Lot Split pursuant to Section 26.480.030(E). This exemption shall not be deducted from the respective annual development allotments established pursuant to Section 26.470.050 or from the Aspen Metro Area development ceilings established pursuant to Section 26.470.030. Exemption review is by the Community Development Director. This exemption shall only apply if the standards of Section 26.470.070(B)(1) or (2), as applicable, are met. D. Historic landmarks. I. Chanf!:e of use. The change of use of an historic landmark that does not increase the building's existing floor area ratio shall be exempt. This exemption shall not be deducted from the respective annual development allotments or from the Aspen Metro Area development ceilings. Exemption review is by the Community Development Director. Chapter 26.310 AMENDMENTS TO THE LAND USE CODE AND OFFICIAL ZONE DISTRICT MAP Sections: 26.310.010 Purpose. 26.310.020 Procedure for amendment. 26.310.030 Application. 26.310.040 Standards of review. 26.310.050 Temporary suspension of building permits. 26.310.060 Notation of Planning and Zoning Commission resolution on official zone district map. 26.310.070 Recordation of designation. 26.310.080 Placement on city's official zone district map. 26.310.090 Time limitations. 26.310.010 Purpose. The purpose of this Chapter is to provide a means for amending the text of this Title and the official zone district map. It is not intended to relieve particular hardships or confer special privileges or rights on any person. 26.310.020 Procedure for amendment: /","" ~ , A. General. An application for amendments to the Land Use Code or the official zone district map may be initiated by the persons and decision-making bodies identified in Section 26.304.040, and shall be processed in accordance with the Common Development Review Procedures set forth at Chapter 26.304. B. Steps Required: Unless initiated by the City Council in accordance with subsection C below, two steps are required: (a) a public hearing before the Planning and Zoning Commission, and (b) a public hearing before the City Council. 1. Step One - Public Hearing before Planning and Zoning Commission. a. Purpose: To determine if application meets standards for amendment to code text or official zone district map. b. Notice requirements: Publication. (See 26.304.060(E)(3)(a)). 2. Step Two - Public Hearing before City Council. a. Purpose: To determine if application meets standards for amendment to code text or official zone district map. b. Notice requirements: None, except requisite notice requirements for adoption of an ordinance by City Council. C. Emergency amendments to Land Use Code by City Council. Notwithstanding the procedures for review set forth above, and consistent with the authority of the City Council to adopt emergency ordinances pursuant to Section 4.11 of the City Charter, for the preservation of public property, health, peace, or safety, the City Council may amend this Title in accordance with the procedures set forth at Section 4.11 of the City Charter (Emergency ordinances.) 26.310.030 Application. The development application for amendment to the text of this Title or amendment to the official zone district map shall include: A. The general application information required in Section 26.304.030, B. If the application requests an amendment to the text of this Title, the precise wording of any proposed amendment. . C. If the application requests an amendment to the official zone district map: 1. The present zone district classification and existing land uses of the real property proposed to be amended. 2. The area of the property proposed to be amended, stated in square feet or acres, or a major fraction thereof. ,r"\ i"""\ . , , Part -300 - General Procedures and Regulations 26.310.0:2,:lO Section 1 3. An accurate survey map of the real property proposed for amendment. 26.310.040 Standards of review. In reviewing an amendment to the text of this Title or an amendment to the official zone district map, the City Council and the Planning and Zoning Commission shall consider: A. Whether the proposed amendment is in conflict with any applicable portions of this Title. B. Whether the proposed amendment is consistent with all elements of the Aspen Area Community Plan. . C. Whether the proposed amendment is compatible with surrounding zone districts' and land uses, considering existing land use and neighborhood characteristics. D. The effect of the proposed amendment on traffic generation and road safety. E. Whether and the extent to which the proposed amendment would result in demands on public facilities, and whether and the extent to which the proposed amendment would exceed the capacity of such public facilities, including but not limited to transportation facilities, sewage facilities, water supply, parks, drainage, schools, and emergency medical facilities. F. Whether and the extent t.o which the proposed amendment would result III significantly adverse impacts on the natural environment. G. Whether the proposed amendment is consistent and compatible with the community character in the City of Aspen. H. Whether there have been changed conditions affecting the subject parcel or the surrounding neighborhood which support the proposed amendment. 1. Whether the proposed amendment would be in conflict with the public interest and whether it is in harmony with the purpose and intent of this Title. 26.310.050 Temporary suspension of building permits - Pending Ordinance. A. Whenever the Planning and Zoning Commission adopts a resolution recommending to the City Council an amendment to the text of this Title or the official zone district map, or the City Council pursuant to Section 26.31 O.030(D) passes a proposed ordinance on first reading, whichever shall occur first, the proposed ordinance shall be considered a pending ordinance. Unless the Planning and Zoning Commission resolution or the proposed ordinance passed by City Council on first reading states that the proposed ordinance shall not be considered a pending ordinance, no building permit shall be issued by the Chief Building Official which would be prohibited by the proposed amendment for a period of six (6) months. B. Following a recommendation by the Planning and Zoning Commission to the City Council for an amendment to the text of this Title or the official zone district map, the City Council may by - 73- . 1""'\ ~ Par(.-300 - General Procedures and Regulations 26.310.04+0 Section I motion or resolution declare that the proposed ordinance shall not be considered a pending ordinance and any permit applied for which otherwise conforms to this Title shall be issued by the Chief Building Official. 26.310.060 Notation of Planning and Zoning Commission resolution on official zone district map. Within ten (10) days of when the Planning and Zoning Commission adopts a resolution recommending approval of a development application for an amendment to the official zone district map, the Community Development Director shall make a notation on the official zone district map to show the pending amendment. - 69- '. . /""., Part..-300 - General Procedure~ and Regulations 26.3t0.Q70 .,-. , 1 Section.." I 26.310.070 Recordation of designation. Upon the effective date of an act by the City Council approving a development application for an amendment to the official zone district map, the Community Development Director shall notifY the City Clerk of the designation, who shall record among the real estate records of the Clerk and Recorder of Pitkin County, Colorado, a certified copy of the ordinance. The ordinance shall include a legal description of the property whose zone district designation is changed by the amendment. 26.310.080 Placement on City's official zone district map. Upon the effective date of an act by the City Council approving a development application for an amendment to the official zone district map, the Community Development Director shall place the amendment on the city's official zone district map, which is kept in the Community Development Department. 26.310.090 Time limitations. After a decision or recommendation denying a development application for an amendment to the text of this Title or to the official zone district map, the City Council and the Planning and Zoning Commission shall not consider: A. A development application for the same amendment for a period of two (2) years from the date of the action; or B. A development application for amendment to the city's official zone district map or the text of this Title that constitutes any other kind of amendment of any part of the same land for a period of one year from the date of the action. C. The time limitation of this subsection may be waived by the majority vote of the City Council when such action is deemed necessary to prevent injustice or facilitate the proper development of the City of Aspen. 1"""\ '"""" I Attachment 5 Review Standards: Application for Temporary Use Section 26.96.030 When considering a development application for a temporary use, City Council shall consider, among other pertinent factors, the following criteria as they, or any of them relate thereto. A. The location, size, design, operating characteristics, and visual impacts of the proposed use. B. The compatibility of the proposed temporary use with the character, density and use of structures and uses in the immediate vicinity. C. The impacts of the proposed temporary use on pedestrian and vehicular traffic and traffic patterns, municipal services, noise levels, and neighborhood character. D. The duration of the proposed temporary use and whether a temporary use has previously been approved for the structure, parcel, property or location as proposed in the application. E. The purposes and intent of the zone district in which the temporary use is proposed. F. The relation of the temporary use to the conditions and character changes which may have occurred in the area and zone district in which the use is proposed. G. How the proposed temporary use will enhance or diminish the general public health, safety or welfare. att5\tempuse.doc 11-21-19950,19AM FROM ooT-24-2001 WED II:l~ P.2 ~ ..-... FAX NO. ' P. 02 Attachment 5 a,,'V\e'w Standmls: Applintion for Temporary Use Setlion 26.96.030 When OOllslderi!Jg a ~opmClll <Ipplic:rtion for 1I temporary use, City Council sllall consider. among alba l'enJnelll factors, the following cri<<:ria as litey, Or ilny ofthctn relate thereto. ^- The loCll!.ion, size, design, OpCI".lling cbaractel'isties. and visual impacts ofthc proposed use. D. The compatibility of the proposed tanpor.ay us\: with the character, density and Use of StructufCS and uses in the immediate vicinity. C. 111e impacts of the proposed tempol"dIy lIse on pe<!estriiln and vehicular b'affic and lraffic plIt!li!mS, mWlicJpal5CtVices, nOiliC levels, and neighborhood clwacter. D. Tho duration of the proposed tempolalY \lSC and whether a temporary use has previollsly been apl'roWd for lhe structure, pilI'CCl, property or location as proposed in Ibe application. fI. 'The I'"rposes and intClll of the ronc dislricl in 'Mlich the temporllt'Y USe is Proposed. f. 'n", relation of the temporary use to the CQnditiOlls and charactet ehanges which llIIl)' have occlll1'ed in lite area and zone district in which the use is proposed. G. ffow the proposed temporary IIse will enhance or diminish the general public health. sall!ty or welfare. 11115\lemp.....doc 11-21-1995 e,19AM FROM t-" P.l r\ FACSIMILE BEVERLY FIORE 414 Black Bear Trail, Carbondale, Co. 81623 PHONE: (970) 104-0280 FAX: (970) 704-0381 TO; James Lindt, Community Development FROM: Beverly Fiore DATE; October 24, 2001 RE: Attachment 5 TOTAL NUMBER OF PAGES INCLUDING COVER SHEET: 3 MESSAGE; James, If there are any questions or I ha~e not completed this properly, please call me. . Thank you. Beverly Fiore 11-22-199510,52PM FROM r". """'. P.l FACSIMILE BEVERLY FIORE 414 Black Bear Trail, Carbondale, Co. 81623 PHONE: (970) 704-0280 FAX: (970) 704-0381 TO: James Lindt, Community Developent Dept. FROM: Beverly Fiore DATE: October 26,2001 RE: Parking issues for The Little Red Ski Haus TOTAL NUMBER OF PAGES INCLUDING COVER SHEET: 2 MESSAGE: , , ^ \ ' """" , ? ASPEN/PITKIN COMMUNITY DEVELOPMENT 2001 LAND USE APPLICATION FEES T-e i'^-f0r~ ~, CA TEGORY HOURS DEPOSIT FLA T FEE Major 12 Minor 6 Staff Approvals Flat Fee 2405.00 (j:205.0~ Te"'f'. 7' 500.00 v C'f!,v" 280.0o.~ t....rl'>.df-; 1J..iJ-SCfo 70.00 Exempt HPC Minor HPC Significant HPC <1000 sq. ft. Significant HPC >1000 sq. ft. Demolition, Partial Demolition, Relocation 500.00 1205.00 2405.00 2405.00 Referral Fees - Environmental Health Major Minor 345.00 180.00 Referral Fees - Housing Major Minor 345.00 180.00 Referral Fees - City Engineer Major Minor 345.00 180.00 Hourly Rate 205.00 ) ~j r""'\ Monday Nov. 26, 2001 James Lindt, City Planner City of Aspen 130 So. Galena Street. Aspen, Co 8161 1 I wish to address the matter of The Little Red Ski House [a private single family residence] wishing to operate as a lodge under a temporary permit for a period of six months. I will restrict my comments to areas of public use. I. Sidewalk: the LRSH be required to complete a sidewalk to the property line [west] under current code if effect in the City of Aspen, year 2001. 2. Front yard parking: Much has changed in the neighborhood in the last yeats. The parking situation no longer makes it feasible for such use. When Marge goes, the parking space goes. 3. General parking on the block of 100 E. Cooper Ave: The brock is fully occupied during both high seasons. The LRSH should be requires to provide van service from the Municipal Parking Garage. Additionally the LRSH could be granted a one space yellow zone in front of the building so perspective tenants will not impose on the private property ofthe neighboring property. Bob Kesselring #12 Der Berghof 100 E. Cooper Aspen CO 81611 -.... 'Sl. /'"', .(l Mandlknapp@aol.com, 09:10 PM 11/20/01 -0500, Little Red Ski House From: Mandlknapp@aol.com Date: Tue, 20 Nov 2001 21 :10:10 EST Subject: Little Red Ski House To: jamesl@ci.aspen.co.us X-Mailer: AOL 6.0 for Windows US sub 10539 X-ECS-MailScanner: Found to be clean Dear Mr. Lindt: Thank you for the oonversation on the topic of the variance for the lillie Red Ski House. My points are; Front Yard--The variance should specifically prevent parking on the front yard. This is unsightly and unnecessary. There is no access to that space. By permission, I allowed the former manager to drive over my parking space at Der Berghof to the immediate north to park his car on the front yard. In retum, he agreed to work hard to stop guests atthe LRSH from parking north of the property line and blocking the parking spaces of units at Der Berghof. This was always a big problem. I will no longer agree to allow persons to use the parking space to enter the LRSH property. You indicate that the LRSH has represented that there are several parking spaces in the front yard. There is room for only one vehicle and there has never been a request to me to allow more than one to cross my drive to park in the front yard. I doubt there ever was a right to park cars on the frcnt yard. In any event, parking on the front yard in modern Aspen is out of bounds and I hope that the Council will protect our neighborhood from such intrusions. Pavement-- The LRSH has a mud area across the front of its property with no sidewalk. This area is a mess in every season. In the winter it is dangerous. Many people fall in the snow pack and ice. Others try to walk into the street to avoid the area and fall. The sound of a yell and the crash of skis is common. Before the LRSH is allowed to operate as a lodge, it should be required to pave the walkway across the front of the property. I would think the City would be fearful of liability for the significant injury that may happen without this simple improvement being made. Parking On Street--I raise for youroonsideration the problem of parking in general. I will not go into detail because the Council can develop the issue itself and there are others who will be impacted much more than I. The street is full ofparkers in all seasons now using the residential parking cards. Adding 20 to 25 more cars will cause huge disruption. How can the street fairly be asked to take on that burden? In the old days those cars oould park all over town but that is no longer possible. Likely, many will go to Koch Park and I suspect many Aspenites who use the Park and the spaces will be upset. Hopefully, if the Council grants a variance, it will find a solution to place those guest cars in some other location. THE VARIANCE--It has been raised to me in oonversation that perhaps it is not possible to simply ask for a variance to operate as a lodge from residential without a full and proper rezoning procedure. I raise this to you and Council for your own oonsideration and I assume others will also. The Council has changed this neighborhood substantially over the years. The LRSH is a quaint idea and I like quaint ideas as much as anyone in Aspen. In fact, I dislike progress. Still, the density of the street, which is very much a neighborhood, has changed immensely since the LRSH fiourished. It really would be unfair to grant a variance that does not fully oonsider the huge impact that a 1950s style operation would have on the neighborhood. Maybe at least 1970 style rules. If this request for a variance is in fact improper, I assume the Council will address the point. Printed for James Lindt <jamesl@ci.aspen.co.us> 1 r'-\ n Mandlknapp@aol.com, 09:10 PM 11/20/01 -0500, Little Red Ski House Thank you and also the Council for your oonsideration, Mike Knapp. #6, Der Berghof 100 E. Cooper St. Printed for James Lindt <jamesl@ci.aspen.co.us> 2 r-.. APPENDIX CHAPTER 11 n 1997 UNIFORM BUILDING CODE Division II-ACCESSIBILITY FOR EXISTING BUILDINGS SECTION 1110 - SCOPE The provisions of this division apply to renovations, alterations and additions to existing buildings. including those idemitied as histonc buildings. This division includes minimum standards for removing architectural barners. and providing and maintaining access to existing buildings and facilities for persons with dis- abilities. SECTION 1111 - DEFINITIONS For the purpose of this division. certain terms are ddined as fol- lows: ALTERATION is any change. addition or modification in construction or occupancy. TECHNICALLY INFEASIBLE is an alteration ofa building or facility that has little likelihood of being accomplished because existing structural conditions would require removing or alt..::ring a load-bearing member that is In essential part of the stnlctural frame, or because existing physical or site constraints prohibit modification or addition of eler::ents, spaces or features that are in full and strict compliance wit:l the minimum requirements for new construction and which .1fe necessary to provide acces- sibility. SECTION 1112-ALTERATIONS 1112.1 General. I 1112.1.1 Compliance. Altero.tions to existing buildings or faci- lities shall comply with this section. Alterations shall not reduce or have the effect of reducing accessibility or usability of a build- ing, portion of a building, or facility. If compliance with this sec- tion is technically infeasible, the alteration shall provide access to the maximum extent technically feasible. EXCEPTION: All!.:ratiors to Group R, Division 1 apartm!.:nt oc- cupancies need not comply will" this section. 1112.1.2 Existing elements. If existing elements, spaces, es- sential features or common areJ.s are altered, each such altered element, space, feature or area shall comply with the applicable provisions in Division I of this appendix chapter and CABOI Al'lSI All?!. EXCEPTION: Accessible means of egress required by Section 1104 need nOl be provided in :UlerJtions of existing buildings and facil. ities. When an alteration is to an J.r~J of primary function, the acces- sible route to the altered area sh:lil be made accessible. The acces- sible route to the primary fu.."1ction area shall include toikt facilities or drinking fountains serving the area of primary func- tion. EXCEPTIONS: 1. The CO$:5 of providing the accessible route need not exceed 20 percent of the ccsts of the alterations affecting the area of primary function. 2. Alterations to windows. ~Jrdware, operating controls, electrical outlets and signs. 3. Alterations to mcchanic.:ti systems or electrical systems, installa- tion or alteration of fire-protection systems, and abatement of ho.zJfd- ous materials. 4. Alterations undertaken :'cr the primary purpose of increasing: the accessibility of an existing building, facility or element. 1-326 1112.2 i\Iodifications. 1112.2.1 General. y[oditications set forth in this section may be used for compliance when the required standard is technically in- feasible. 1112.2.2 Hotel guest rooms. When guest rooms of a hotel are being altered. at least one of every 25 guest rooms being altered shall be accessiblc:, and at least one additional guest room for every 25 guest rooms being altered shall be provided with visibk and audible alarm-indic<lting appliances for persons with hearing impainnents. The total number of accessible guest rooms and guest rooms accessibk to persons with hearing impairments need not exceed the numba required by Section 1103.1.9.2. 1112.2.3 Performance areas. Wl1en it is technically infeasible to alter performance areas to be on an accessible route. at least one of each type of performance area shall be made accessible. 1112.2.4 Platform lifts. Platform lifts may be used when instal- lation of an elevator is technical!y infeasible. 1112.2.5 Toilet rooms. The addition of one accessible unisex toilet facility accessible to occupants on the t100r may be pro~ vided in lieu of making existing toilet facilities accessible when it is technically infeasible to alter existing toilet and bathing facili- ties to be accessible. The unisex facility shall be located on the . same t100r and in the same area as the existing toilet facilities. Each unisex toikt facility shall contain one accessible water closet and lavatory, and the door shall be lockable from within the room. \Vhen existing toilet facilities are being altered and are not made accessible, directional signs shal1 be provided indicating the location of the nearest accessible toilet or bathing facility within the building. 1112.2.6 Assembly areas. Seating shall adjoin an accessible route that also serves as a means of egress. When it is technically infeasible to disperse accessible seating throughout an altered as- sembly area. accessible seating areas may be clustered. Each ac- cessible se:.uing area shall have provisions for companion seating. 1112.2.7 Dressing rooms. When it is technically infeasible to provide accessible dressing rooms in each group of rooms, one dressing room for each sex, or a unisex dressing room, on each level shall be accessible. . -- I. . SECTION 1113 - CHANGE OF OCCUPANCY . Requirements for new construction provided in Chapter II shall apply to existing buildings that undergo a change of occupancy group, unless technically infeasible. SECTION 1114 - HISTORIC PRESERVATION Accessibility provisions of this division shall be applied to his- . toric b1.fildings J.nd facilities as defined in Section 3403.5 of this code. The building official, after consulting with the appropriate his- toric preservation officer, shall determine whether provisions re- quired by this division for accessible routes, ramps, entrances, toilets, parking or signage would threaten or destroy the historic . significance of the building or facility. If it is determined that any of the accessibility requirements listed above would threaten or destroy the historic significance of a building or facility. the modifications of Section 1112.2 for that feature may be utilized. r", 1997 UNIFORM CODE FOR ~ -':lING CONSERVATION o 501 504.2 Chapter 5 MINIMUM PROVISIONS FOR CHANGE OF OCCUPANCY . SECTION 501 - GENERAL l 501.1 Change of Occupancy. The character of the occupancy of existing buildings and structures may be changed, provided the building or structure meets the requirements of this chapter and the requirements of Chapter -+. \Vhere no specific requirements are included herein, the building or structure shall comply with the Building Code. Every change of occupancy to one classified in a different group or a different division of the same group shall require a new certifi- cate of occupancy regardless of whether any alterations to the building are required by this code. If the building or portion thereof does not confo.rm to the n> quirements of this code for t:"e proposed occupancy group or clivi. sian. the building or portion the:-eof shall be made to conform to the Building Code except as specified in this code. The building official may issue a new certificate occupancy stating that the building complies \vith this ,,:octe. 501.2 Hazard Category Classifications. The relative degree of hazard between different occupancy groups or bet\veen divisions of the same group shall be as set forth in the hazard category classi~ fications, Tables 5."'\ throug.h 5~E. An existing building may have its occupancy changed to an occupancy within the same haz;),rd group or to an occupancy in J lesser hazard group without comply- ing to all the provisions of this chapter. An existing building shall comply with the requirements of the Building Code, except as spe. dfied in this chapter, when :1 change in occupancy \vil! place it in a higher hazard group or when the occupancy is changed to Group ,..\, Division 1 or 2; or Group E. H or L SECTION 502 - HEIGHTS AND AREAS Heights and areas of buildings and structures shall met:t the re- quir'Cments of the Building C'Ode for the new occupancy. EXCEPTION: Existing buildings <:xc<:<:ding th<: maximum allow- able h<:ights and areas r<:rmitlcd for new buildings may undergo a change of occupancy if :ht: hazard level of the new occupancy is equal to or h:ss than the existing: hazard group as shown in Table 5.A. SECTION 503 - FIRESAFETY 503.1 General. When a change of occupancy is made to a higher hazard group as shown in Table 5.B, all elements of the exit sys- tem shall comply with the requirements of the Building Code. EXCEPTIONS: l. E\:isting corridors and stairways meeting the re- quirements of Chapter -l. may be used. I 2. Means of egress elements may med the compliance alternatives contained in the UCBC Guidelines. I 503.2 Existing l'vleans of Egress Systems. Existing means of egress systems complying \vith Chapter 4 shall be accepted if the occupancy change is to an equal or lesser hazard group when evaluated in accordance wi:h Table 5~B. 503.3 Separation of Occupancies. When a change of occupan. cy is made to a higher hazard group as shown in Table 5~C, occu- pancy separations shall be provided as specified in the Building Code. When approved by the building official, existing wood lath and plaster in good condition or 1/2~inclHhick (12.7 mm) gypsum wallboard may be accept~d where a or1t~~hOllr oc\.:upancy separa- tion is required. 503.4 Enclosure of Vertical Shafts. 503.4.1 General. Vertical shafts maY be designed to meet th~ r~- quirements of atria :.1S required by t!~e Building Code or the re- quirements of this section. 503.4.2 Stairwavs. Interior stairwavs shall be enclosed as n::~ quired by the Buiiding Code \vhen :1 change of occupancy is ~:1de to a higher hazard group as shown in Table 5-B. EXCEP'TIO:'\S: L. In other th::m Group I Occupancies. an enclo. sure will not be required for openings serving only one adjacent t100r and not connec:ed with corridor.'> or stairways serving other floors. ::?. Existing staif\vays not enclosed need not be enclosed in a continu- ous verticll shaft if each story is separated from other stories by (me-hour fire-resistive construction or approved wired glass set in sted frames and all exit corridors arc sprinklcred. The openings between the corridor Jnt! occupant sp<lce shall have at least one sprinkkr head above the openings on the tenant side. The sprinkler system may be supplied from the domestic water-supply system. provided the system is of auequate pressure. capacity and sizing for the combined domestic and sprinkkr requirements. 503.4.3 Oth.er vertical shafts. Interior vertical shafts, includR ing, but not limiti.::d to. elevator hoistways, service and utility shafts. shall be enclosed with a minimum of one~hour fire-resis- tive construction. EXCEIYfIONS: 1. Vertical npenings_ other th;1O stairways. n..::ed not be enclosed [I' the t.':ntire huilding is provid..::d with an approved au. tomatic sprinkler system. 2. Where one~hour fire.resistive tloor construction is required, ver- tical Sh:lfts need not be enclosed when sllch shafts :Ire blocked at every tloor level by the installation of not less than ~ full inch!.:s (51 mm) nf solid wood or equivalent construction. 503.4.4 Openings into vertical enclosures. All openings into such shafts shall be protected by rire assemblies having a fire~pro~ tection rating of not less than one hour and shall be maintained self-closing or shall be <lutomaticdosing by actuation of a smoke detector. All other openings shall be fire protected in an approved manner. Existing fusible linkRtype automatic door~closing de~ vices may be permitted if the fusible link rating does not exceed 135'F (57'C). SECTION 504 - PROPERTY PROTECTION 504.1 Fire Resistance of Walls. Exterior walls shall havt.: fire. resistance and opening protection as set forth in the Building Code. This provision shall not apply to walls at right angles to the property line. EXCEIYfIONS: I. Wh..::re a fire-resistive rating greater than t\\o'O hours is required for a building of any type of construction. existing noncombustible exterior w;db 11.1ving a fire-resistive rating cquivakl1t to two hours as determined by UCBC Guideline :2 may be accepteJ, provided: l.l The building is classified as a Group A. Division 3; Group B: Group F; Group M; and Group S, Divi$ions 1. 2. 3 and..J., ;lnd 1.2 The building does not exceed three stories in height. 2. Existing exterior walls shall be accepted if the occupancy is changed to a hazard group, which is equal to or less than the existing occupancy as defined in Table 5.0. 504.2 Opening Protection. Openings in exterior walls shall be protected as required by the Building Code. When openings in the exterior walls arc required to be protected due to distance from the property line. the sum of tbe area Df such npcnings shall not exc-:ed 50 percent of the total area of the wall in each story. 11 504.2-506 TABLES 5-A-5-E t\ ~ t997l ORM CODE FOR BUILDING CONSERVATION EXCEPTIONS: 1. Protected openings shall not be required for Group R. Division 1 Occupancies that do not exceed three stories in height and that are located not less than 3 feet (914 mm)from the prop- erty linc. 2. Wht::re opening protection is required, an automatic fire-extin- guishing system throughout may be substituted for opening protection. 3. Opening protection may be omitted when the change of occupan- cy is to an equal or lower hazard classification in accordance with Table 5-D. 505.2 Earthquake Loads. Buildings undergoing a change of occupancy shall meet the earthquake regulations of the Building Code for the new occupancy. EXCEPTIONS: 1. A building of Type l-F.R. or Type I1-F.R. con- stmction shall be individually evaluated for safely. 2. Existing buildings may undergo a change of occupancy if the haz~ ard group is equal to or less than the existing occupancy as shown in TableS-E. 3. Vnreinforced masonry bearing wall buildings may be strcngth~ ened in accordance with Appendix Chapter 1. 505.3 Wind Loads. Buildings shall not be considered as d(mger~ ous buildings when subjected to the requirements of the Building Code. SECTION 505 - STRUCTURAL SAFETY 505.1 Vertical Loads. Buildings and structures shall comply with the requirements of the Building Code for vertical load. EXCEPTIONS: 1. Analysis and test methods for evaluation of ex- isting materials may use the methods specified in the code under which the building was constructed, or other standards as approved by the building official. 2. Existing roofs may be retained provided any unsafe or overloaded conditions are corrected and where the roof dead load is not increased by use, reroofing or added equipment. SECTION 506 - LIGHT AND VENTILATION Light and ventilation shall comply with the requirements of the Building Code. TABLE 5-A-HAZARD CATEGORIES AND CLASSIFICATIONS HEIGHTS AND AREAS RELATIVE HAZARD I. 2. 3. 4. OCCUPANCY CLASSIFICATION A-I, H, 1-3 (highest hazard group) A-2, A-2.I, 1-1.1, I-1.2, 1-2 A-3, A.4, B, E, F. M. R-l. 5 R~3, V (lowest hazard group) TABLE 5-B-HAZARD CATEGORIES AND CLASSIFICATIONS LIFE SAFETY AND EXITS RELATIVE HAZARD OCCUPANCY CLASSIFICATION A-l, A-2, A~2,1. E, I, H-I, H-2 (highest hazard group) A~3, A.4 R-I, R-3, B dining und drinking establishments B all others, F, H other than H-] and H-2, M, $-1, S-2 5-3, 5-4, 5.5 V (lowest hazard group) I. 2. 3. 4. 5. 6. TABLE 5-C-HAZARD CATEGORIES AND CLASSIFICATIONS OCCUPANCY SEPARATIONS RELATIVE HAZARD OCCUPANCY CLASSIFICATION H, 1. $-3, S~4 (highest hazard group) A, B, F, M, S~l, $-2, S-5 E R-1. U R-3 (lowest hnzard group) 1. 2. 3. 4. 5. TABLE S.D-HAZARD CATEGORIES AND CLASSIFICATIONS EXPOSURE OF EXTERIOR WALLS AND STAIRWAY ENCLOSURES RELATIVE HAZARD OCCUPANCY CLASSIFICATION 1. H (highest hazard group) M, $-1, S~2 A,E,! B, F-l, R, $-3, $-4, $-5 F-2, U (lowest hazmd group) 2. 3. 4. 5. TABLE 5-E-HAZARD CATEGORIES AND CLASSIFICATIONS EARTHQUAKE SAFETY RELATIVE HAZARD OCCUPANCY CLASSIFICATION 1. A,~, I (highest hnz:l"rd group) R-) F-2. H, 5-5 S, F~ 1, M, $-1. $-2, 5-3. $-4- R-3, U (Iowes! h~lZ;lr(j group) 2. 3. 4. 5. 12 I I "......., 1997 UNIFORM CODE FOR _DING CONSERVATION .t"'\ 601 608.2 Chapter 6 HISTORIC STBUCTURES SECTION 601 - PURPOSE It is the intent of this chapter to provide means for the preservation of historic buildings. SECTION 602 - GENERAL Historic buildings and structures shall meet the minimum stand- ards specified in this chapter. EXCEPTION: Compliance alternatives approved by the building officio! arc allowed wh~n the following criteria are met: 1. Conformance with the general intent of this code. 2. Compliance with the minimum standards requireJ by Chapler 4 and the specific occupancy requirements of this code. 3. Conformance with the requirements of Chapter 5 when :1 change or' occupancy occurs, cxc~pt as modified in this chapter. 4, All unsafe and substo.ndard conditions described in this code are corrected. 5. The restored building or structure shall be no more hazardous. based on life safety, firesafety and sanitation, than the building was be- fore renovJ.tion. SECTION 603 - REPAIRS Repairs to any portion of a historic building or structure may be made with original materials and original methods of construc- tion, subject to provisions of this chapter. SECTION 604 - RELOCATED BUILDINGS Foundations of relocated historic buildings and structures shall comply with the Building Code. Relocated historic buildings shall otherwise be considered a historic building for the purposes of this code. Relocated historic buildings and structures shall be so sited that exterior wall and opening requirements comply with the Building Code or the compliance alternatives of this code. SECTION 605 - FIRESAFETY 605.1 General. Every historic building that does not conform to the construction requirements specified in this code for the occu- pancy or use and that constitutes a distinct fire hazard as defined herein shall be provided with an approved automatic fire-extin- guishing system as determined appropriate by the building offi- cial. However, an automatic tire-extinguishing system shall not be used to substitute for, or act as an alternate to, the required number of exits from any facility. I 605.2 lVleans of Egress. Existing door openings and corridor and stairway widths of less than that specified elsewhere in this code may be approved, provided that in the opinion of the building official there is sufficient \\-idth and height for a person to pass I through the opening or traverse the means of egress. When approved by the building official. the front or main exit doors need not swing in the direction of the path of exit travel, pro- I vided otha approved means of egress having sufficient capacity to serve the total occupant load are provided. 605.3 Fire-resistive Requirements. One-hour fire~resistive con- struction throughout need not be required regardless of construc- tion or occupancy. 605.4 Transoms. Existing transoms may be maintained if fixed in the closed position. Fixed wired glass ~et in a steel frame shall be installed on one side of the transom. SECTION 606 - STRUCTURAL SAFETY 606.1 Vertical Loads. Historic buildings shall comply with Ihe requirements of the Building Code for 110ar live loads. EXCEPTION: The building official may accept existing floors and approve operational controls that limit the live load on any tloor. 606.2 Earthquake Loads. Unreinforced masonry buildings may be exempted from seismic strengthening required elsewhere in this code if the occupancy or character of use is such that the hazard is low. SECTION 607 - SPECIAL CHANGE OF OCCUPANCY PROVISIONS Historic structures undergoing 11 change of occupancy shall com~ ply with Chapter 5. Historic structures may comply with the fol- lowing alternatives: 1. Where finish materials are required to have a flame-spread classification of Class HI or better, existing nonconforming mate- rials shall be surfaced with an approved fire-retardant paint or finish. EXCEPTION: Existing nonconforming materiJ.ls need not be sur- faced with an approved fire-rctardant paint or finish whcn an automatic fire-cxtinguishing system is installed throughout and thc nonconform- ing materials can be substantiatcd as historic in char<lctcr. 2. Regardless of occupancy group, roof-covering materials not less than Class C shall be permitted where a fire-retardant roof covering is required. Nonrated materials may be acceptable only where approved by the building official. SECTION 608 - GUARDRAILS 608.1 Height. Existing guardrails shall comply with the require- ments of Section 405.2. 608.2 Guardrail Openings. The spacing between existing in- termediate railings or openings in existing ornamental patterns shall be accepted. Missing elements or members of a guardrail may be replaced in a manner that will preserve the historic appear- ance of the building or structure. 13 . . . . . . . 1997 UNIFORM BUILDING Cr""\. ("\ 3401 3405 Chapter 34 EXISTING STRUCTURES SECTION 3401 - GENERAL Buildings in existence at the time of the adoption of this code may have their existing use or occupancy continued, if such use or OC. cupancy was legal at the time of the adoption of this code, pro- vided such continued use is not dangerous to life. Any change in the use or occupancy of .::my existing building or structure shall comply with the provisions of Sections 109 and 3405 of this code. For existing buildings. see Appendix Chapter 34. See also Sec- tion 101.3. For a comprehensive code and guidelines on the treatment of existing buildings, see the L'niform Code for Building Conserva- tion. SECTION 3402 - MAINTENANCE All buildings and structures. both existing and new, and all parts thereof, shall be maintained in a safe and sanitary condition. All devices or safeguards required b:' this code sha1l be maintained in conformance with the code edition under which installed. The oWner or the owner's designated agent shall be responsible for the maintenance of buildings and structures. To determine com~ pliance with this subsection. the building official may cause a structure to be reinspected. SECTION 3403 - ADDITIONS, ALTERATIONS OR REPAIRS 3403.1 General. Buildings and structures to which additions, alterations or repairs are made shall comply with all the require- ments of this code for new facilities except as specifically pro- vided in this section. See Section 310.9 for provisions requiring installation of smoke detectors in existing Group R, Division 3 Occupancies. 3403.2 When Allowed. Additions, alteralions or repairs may be made to any building or structure without requiring the existing building or structure to comply with all the requirements of this code, provided the addition, alteration or repair conforms to that required for a new building or structure. Additions or alterations shall not be made to an existing build- ing or structure that will cause the existing building or structure to be in violation of any of the provisions of this code and such addi- tions or alterations shall not cause the existing building or struc- ture to become unsafe. An unsafe condition shall be deemed to have been created if an addition or alteration will cause the exist- ing building or structure to become structurally unsafe or over- loaded, will not provide adequate egress in compliance with the provisions of this code or will obstruct existing exits, will create a fire hazard, will reduce required fire resistance, or will otherwise create conditions dangerous to human life. Any building so al~ tered, which involves a change in use or occupancy, shall not eX~ ceed the height, number of stories and area permitted for new buildings. Any building plus new additions shall nol exceed the height, number of stories and area specified for new buildings. Additions or alterations shall not be made to an existing build- ingor struct4re when such existing building or structure is not in full compliance with the provisions of this code except when such addition or alteration will result in the existing building or struc- ture being no more hazardous based on life safe tv, firesafetv and sanitation, than before such additions or alterations are u~der~ taken. (See also Section 307.11.3 for Group H, Division 6 Occu- pancies.) EXCEPTION: Alterations of existing structural dements or addi- tions of new structural elements. which~ arc not required b; Section 34()1 and are initiated for the purpose of increasing the lateral~force- resisting strength or stiffness of an existing structure. need not be de- signed for forces conforming to these regulations provided that an engineering analysis is submitted to show that 1. The capacity of existing structural elements required to resist forces is not reduced. 2. The lateral loading to required existing structural elements is not increased beyond their capacity, 3. Ne\v structural dements are detailed und connected to the exist- ing structur:J1 ckments as required by these regulations. 4. New or relocated nonstructural elements are detailed and con~ nected to existing or new strucluf::J.1 elements as required by these regu- lations, and 5. An unsafe condition as defined above is not created. 3403.3 Nonstructural. Alterations or repairs to an eXIstmg building or structure that are nonstructural and do not adversely affect any structural member or any part of the building or struc- ture having required fire resistance may be made with the same materials of which the building or structure is constructed. 3403.4 Glass Replacement. The installation or replacement of glass shall be as required for new installations. 3403.5 Historic Buildings. Repairs, alterations and additions necessary for the preservation, restoration, rehabilitation or con- tinued use of a building or structure may be made without conformance to all the requirements of this code when authorized by the building official, provided 1. The building or structure has been designated by official ac~ tion of the legally constituted authority of this jurisdiction as hav~ ing sp~cial historical or architectural significance. 2. Any unsafe conditions as described in this code are cor- rected. 3. The restored building or structure will be no more hazardous based on life safety, firesafety and sanitation than the existing building. SECTION 3404 - MOVED BUILDINGS Buildings or structures moved into or within the jurisdiction shal1 comply with the provisions of this code for new buildings or struc- tures. SECTION 3405 - CHANGE IN USE No change shall be made in the character of occupancies or use of any building that would place the building in a different division of the same group of occupancy or in a different group of occupan- cies, unless such building is made to comply with the require- ments of this code for such division or group of occupancy. EXCEPTION: The character of the occupancy of existing build- ings may be changed subject to the approval of the building offidal. and the building may be occupied for purposes in othc:r groups without conforming to all the requirements of this code for those groups, pro~ 1-299 - ,-", t"'""\ 1997 UNIFORM BUILDING CODE 3405 vided the new or proposed use is less hazardous, based on life and fire risk. than the existing use. No change in the character of occupancy of a building shall be made without a certificate of occupancy, as required in Section 109 of this code. 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