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NOTICE OF APPROVAL
FOR AN INSUBSTANTIAL PLANNED DEVELOPMENT AMENDMENT AND AN
INSUBSTANTIAL AMENDMENT TO AN APPROVED COMMERCIAL DESIGN
REVIEW OF THE CHART HOUSE LODGE PLANNED DEVELOPMENT, LEGALLY
DESCRIBED AS: MOUNTAIN SIDE BUILDING, DANCING BEAR RESIDENCES
ASPEN, ACCORDING TO THE AMENDED AND RESTATED CONDOMINIUM MAP
RECORDED SEPTEMBER 19, 2016 IN PLAT BOOK 115 AT PAGE 64 AND AS
DEFINED AND DESCRIBED IN THE AMENDED AND RESTATED CONDOMINIUM
DECLARATION RECORDED SEPTEMBER 19, 2016 UNDER RECEPTION NO.
632277, TOGETHER WITH THE EXCLUSIVE RIGHT TO POSSESSION AND
OCCUPANCY OF A COMPARABLE RESIDENCE DURING THE RESIDENCE
WEEKS RESERVED BY THE OWNER PURSUANT TO THE AMENDED AND
RESTATED RULES, REGULATIONS AND RESERVATION PROCEDURES
RECORDED SEPTEMBER 21, 2016 UNDER RECEPTION NO. 632372 AND
AGREEMENT RECORDED OCTOBER 26, 2016 AS RECEPTION NO. 633316, CITY
OF ASPEN, COUNTY OF PITKIN, STATE OF COLORADO; COMMONLY
DESCRIBED AS 219 E. DURANT AVENUE
Parcel ID: 2735-131-06-800
APPLICANT: Dancing Bear Residences Condo Association and Chart House
Project Owner, LLC
411 S. Monarch Street
Aspen, CO 81611
REPRESENTATIVE: Sara Adams,
BendonAdams, LLC
300 S. Spring St., Suite 202
Aspen, CO 81611
SUBJECT &
SITE OF APPROVAL: Chart House Lodge Planned Development (PD) – Dancing Bear
Residences Mountain Side Building
Zoning: Lodge (L) with a Planned Development (PD) Overlay
BACKGROUND AND SUMMARY:
The Chart House Lodge PD was approved by City Council on August 8, 2005 pursuant to
Ordinance No. 32, Series of 2005. Approvals granted the development of eleven (11) timeshare
lodge units with twenty-one (21) rentable keys, two (2) affordable housing units, and 27 parking
spaces.
The Applicant is requesting an Insubstantial Planned Development Amendment for the Chart
House Lodge to clarify the use of an outdoor patio/deck space that is identified in the 2006 Chart
House Lodge Final Plat (Bk 77 P 51). The Applicant states that the purpose of this amendment is
to “utilize the currently unused outdoor space for dining and seating which aligns with the intent
and representation of the Chart House Lodge PD.” The proposed space will include an outdoor
deck area for such dining and seating. The plaza area, as mentioned on the 2006 Final Plat, extends
into the Durant Street public Right of Way; however, the applicant wishes to only utilize the area
on the subject private property. The deck measures roughly 10’ wide by 31’6” long and is proposed
as a synthetic wood deck with metal railing. Per Land Use Code section 26.575.020.D.4.c decks
of a mixed use, commercial, or lodge building located in the Lodge (L) Zone District shall be
exempt from Floor Area Calculations.
STAFF EVALUATION:
Land Use Code Section 26.445.110(A) regulates Insubstantial Amendments to an approved
Planned Development as authorized by the Community Development Director. The Director finds
that the proposed activation of the outdoor deck to clarify the use of the ground floor area on the
north façade of the Chart House Building will not change the use or character of the development,
is consistent with the representations made in the project’s original approval, does not require the
granting of any variation from the project’s allowed uses, and does not increase height or floor
area. While the initial 2006 plat shows the deck area with a retaining wall, there were unforeseen
Parks Requirements that came to light because of the request. Land Use Code Section 26.412.090
regulates Insubstantial Amendments to a Commercial Design Approval. Staff finds that the
addition of the patio section at 219 East Durant Avenue, is consistent with the representations
made during the original review. The patio area was contemplated in the original 2006 Chart House
PD approval. The change from a retaining wall to the elevated platform design was due to
unforeseen issues with the Cottonwood tree located adjacent to the patio. Additionally, staff finds
that the request does not require any other land use action(s) by the Planning and Zoning
Commission or other decision-making body. Staff finds that the request meets the representations
made in the 2006 plat while taking into account the additional requirements from the Parks
Department.
REFERRAL AGENCIES:
The Land Use Case was referred out to the Engineering and Parks Departments. The Engineering
Department had no comments for the proposed amendment. This is because the disturbance is
entirely with the property line and does not extend into the Right-of-Way. The area is also below
the threshold to require any stormwater runoff treatment and makes no impact to pedestrian
accessibility. The Parks Department made four comments that will be conditions of approval.
Normally, any deck within the setback must be 6” or lower in height from finished grade. However,
the request considers unforeseen parks requirements from the original creation of the plat in 2006.
The original plat contemplated the change in grade and utilized a retaining wall to even out that
grade. With the additional Parks requirements that would not have been possible. Specifically, that
no changes of grade would be allowed within the dripline of the Cottonwood tree, and that no
excavation occur within 6’ of the trunk of the tree.
DECISION:
The Community Development Director finds the administrative application for an
Insubstantial PD Amendment, as noted above, to be consistent with the applicable review
criteria and thereby, APPROVES the request with the following Conditions of Approval.
1. A tree permit will be required for work/excavation within the dripline of the large
right-of-way Cottonwood. Standard tree protection and care/ watering required
during construction. See attached.
2. Provide shop drawings of steel deck to City Forester for approval prior to
fabrication. Submittal must show proximity of Northern outer beam and posts to
large Cottonwood in the right-of-way (COA tree inventory ID# 7460). No excavation
will occur within 6’ of the trunk of the tree. Post holes will be dug by hand within the
top 18” of the soil. Exposed roots 2” in diameter or larger will require inspection by
the City Forester or his designee prior to being cut.
3. No changes of grade will be allowed within the dripline of the Cottonwood.
4. Any Concrete demo is to be done by hand and returned to existing top of concrete
grade with topsoil.
Exhibit A contains representations made while acknowledging that the dimensions were
estimations and may vary slightly at time of building permit.
APPROVED BY:
______________________________ ________________________
Phillip Supino, Date
Community Development Director
CONSENTED TO:
______________________________ ________________________
Date
Attachments: Exhibit A – Proposed Conceptual Deck Rendering and Plan View (Recorded) Exhibit B – Insubstantial Amendment to a Planned Development Approval – Review Criteria (Not Recorded) Exhibit C – Insubstantial Amendment to a Commercial Design Approval – Review Criteria (Not Recorded)