HomeMy WebLinkAboutcoa.lu.ec.Aspen Club Lodge A39-91,,SPEN CLUB LODGE SUBDIV. EXEMPT.
A39-91•,
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ASPEN/PITKIN PLANNING OFFICE
130 South Galena Street
Aspen, Colorado 81611
(303) 920-5090
LAND USE APPLICATION FEES
City
00113
-63250-134
GMP/CONCEPTUAL
-63270-136
GMP/FINAL
-63280-137
SUB/CONCEPTUAL
-63300-139
SUB/FINAL
-63310-140
ALL 2-STEP APPLICATIONS
-63320-141
ALL 1-STEP APPLICATIONS/
CONSENT AGENDA ITEMS
REFERRAL FEES:
00125
-63340-205
ENVIRONMENTAL HEALTH
00123
-63340-190
HOUSING
00115
-63340-163
ENGINEERING --- —
SUBTOTAL
County
00113
-63160-126
GMP/GENERAL
-63170-127
GMP/DETAILED
-63180-128
GMP/FINAL
-63190-129
SUB/GENERAL
-63200-130
SUB/DETAILED
-63210-131
SUB/FINAL
-63220-132
ALL 2-STEP APPLICATIONS
-63230-133
ALL 1-STEP APPLICATIONS/
CONSENT AGENDA ITEMS
-63450-146
BOARD OF ADJUSTMENT
REFERRAL FEES:
00125
-63340-205
ENVIRONMENTAL HEALTH
00123
-63340-190
HOUSING
00113
-63360-143
ENGINEERING
PLANNING OFFICE
SALES
00113
-63080-122
CITY/COUNTY CODE
-63090-123
COMP. PLAN
-63140-124
COPY FEES
-69000-145
OTHER
SUBTOTAL
TOTAL
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Phone:
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#of Hours:
CASELOAD SUMMARY SHEET
City of Aspen
DATE RECEIVED: 7 01 91 PARCEL ID AND CASE NO.
DATE COMPLETE: A39-91
STAFF MEMBER:— LL
PROJECT NAME: Aspen Club Lodge Subdivision Exemption Applic.
Project Address:
Legal Address:
.
APPLICANT: Reinhold Aspen Inc
Applicant Address: 709 E. Durant Aspen, CO 81611 925-6760
REPRESENTATIVE: Sunny Vann, Vann Associates, Inc
Representative Address/Phone: 230 East Hopkins Avenue
Aspen, CO 81611 925-6958
PAID: YES NO AMOUNT: $870.00 NO. OF COPIES RECEIVED 4
TYPE OF APPLICATION: 1 STEP: 2 STEP:
P&Z Meeting Date
PUBLIC
HEARING:
YES NO
VESTED
RIGHTS:
YES NO
CC Meeting Date /o
PUBLIC
HEARING:
YES` N
VESTED
RIGHTS:
YES NO
Planning Director Approval:
Paid:_
Insubstantial Amendment
or Exemption:
Date:_
REFERRALS:
City Attorney Mtn Bell School District
City Engineer Parks Dept. Rocky Mtn NatGas
Housing Dir. Holy Cross State HwyDept(GW)
Aspen Water Fire Marshall State HwyDept(GJ)
City Electric Building Inspecto
Envir.Hlth. Roaring Fork Othery 1
Aspen Con . S . D . Energy Center
DATE REFERRED: �� l/ INITIALS:
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FINAL ROUTING: DATE ROUTED: iL 71 " INITIAL:.'�L
City Atty
Housing
City Engineer Zoning Env. Health
Other:
FILE STATUS AND LOCATION:
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MESSAGE DISPLAY
TO Leslie Lamont CC Amy Margerum
CC Diane Moore
From: Jed Caswall
Postmark: Aug 07,91 4:52 PM
Subject: Aspen Club Plat Amendment
Message:
This is to confirm my discussion with you in which I suggested that
the ordinance related to the above noted matter is, in my view, un-
nerPgSary and not called fnr by the rnris— A_cciimi nrr tha ramnrlal i nri of
'J J
the lodge is undertaken per all applicable building/zoning codes and
is duly permitted, the plat amendment illustrating the modified re-
configuration of the lodge can be presented for approval. The
proposed ordinance that I reviewed is more of a site specific develop-
ment plan and I do not feel the Code calls for Council to approve all
the details for a plat amendment.
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May 14, 1993
Mr. Sunny Vann
Vann Associates
230 East Hopkins Avenue
Aspen, Colorado 81611
Dear Sunny,
Staff has reviewed your letter dated April 5, 1993 regarding the
Aspen Club Lodge. As I understand your letter, you are requesting
a code interpretation for the reconstruction of the Aspen Club
Lodge's east wing. More specifically:
1. Whether at grade spaces, which are located beneath an
overhang or roof, but which are not surrounded by an exterior
wall, count in the calculation of floor area and at what point
the calculation is triggered; and
2. Above -grade existing deck area that is counted in floor
area calculations (because it is covered by a projection from
a building) may be enclosed without increasing the building's
floor area.
Your letter does not reference a specific section of the code,
however staff has assumed that your questions refer to Section 24-
3-101 Definition of Floor Area subparagraph B and C of the
Municipal Code. That section defines floor area and the measures
by which it is calculated.
Exhibit 3, furnished with your letter, depicts a carport for the
east wing of the Aspen Club Lodge. Paragraph "1" of your letter
refers to "spaces" and staff assumes you mean parking spaces.
According to the Code Section 24-3-101 Floor Area subparagraph (C),
carports and garages are exempt from floor area calculations, up
to 500 square feet per dwelling unit, for a lot whose principal use
is residential, but the parking area for lodges is not exempt.
Exhibit 3 portrays a carport design under the east wing of the
Aspen Club Lodge.
In addition, Exhibit 3 includes a retaining wall approximately 2-
3 ft. into natural grade. Staff has interpreted that the wall is
considered an exterior wall and therefore this area would be
included in floor area calculations.
0 40
In reference to the second question regarding existing above grade
decks, staff has referred to Section 24-9-105 Floor Area
subparagraph (A)(1). Although the April 5, 1993 letter does not
provide floor area calculations for the existing Aspen Club Lodge,
staff believes that the lodge already exceeds the allowable floor
area as calculated by current code. This interpretation is based
upon conversations with lodge representatives and reviews of the
lodge during their recent renovation. A non -conforming lodge may
be restored as of right if less than 75% of the floor area or
exterior wall area of the entire structure is demolished or
destroyed. Staff's interpretation of "restored" is to put back
into it's original state. Therefore, the above grade deck space
that has been calculated as floor area may be used in restoration
of the east wing.
However, a complete demolition and reconfiguration of the east wing
would not be interpreted as restoration and redevelopment will be
required to comply with the existing zone district regulations.
For the L/TR zone district, the floor area ratio is 1:1 for the
entire parcel.
Before further review by staff or building permits are issued,
take -offs of the existing building must be reviewed by staff to
determine the floor area of the existing structure and what
portions of the building are exempt from floor area calculations.
In summary, the proposed "carport" beneath the east wing would not
be exempt from floor area calculations and only "restoration" of
the east wing may include all the calculable floor area of the
existing building.
Please call me if you have questions regarding this interpretation.
Sincerely,
Diane Moore, City Planning Director
cc: Stryker/Brown Architects
MEMORANDUM e a r 0 4 I "
TO: Mayor and Council �p��4sC C� 0J1,A�Q-j1-
THRU: Carol Idd, City Manager
THRU: Amy Mar m, Planning Director
FROM: Leslie Lamont, Planning
DATE: August 12, 1991
RE: Aspen Club Lodge Condominumization Plat Amendment and
..cci%.A_L ding vt ulnance
SUMMARY: The new owners of the Aspen Club Lodge propose structural
and programmatic changes to the lodge and wish to vest those
amendments. The lodge was condominiumized in 1983. Pursuant to
Section 7-1007 C (2), a condominumization shall only be modified
by approval of City Council.
Staff recommends approval of Ordinance _ at first reading, please
see attachment A.
COUNCIL GOALS: This review process is consistent with Council Goal
# 14.
PREVIOUS COUNCIL ACTION: Subsequent to the Aspen Club Lodge
(a.k.a. Woodstone Inn) condominiumization, several significant
development changes were reviewed by the planning Department and
City Council. Attached for your review is a summary of the history
and documents attesting to the approved changes, please see
attachment B.
BACKGROUND: The Aspen Club Lodge (a.k.a. Woodstone Inn) was
condominiumized February of 1983. The condom iniumization has been
amended several times. Please see attached history with supporting
documents.
The current Lodge is a non -conforming structure in the
Lodge/Tourist Residential zone district in several aspects: the
Lodge exceeds the allowable external floor area, rental space
exceeds allowable internal floor area ,/,required open space and on -
site parking are non -conforming.;
Pursuant to Section 9-103.C.1 a nonconforming structure may be
extended or altered in a manner that does not change or that
decreases the nonconformity. The applicant's propose to reduce
the number of lodge rooms, relocate the restaurant downstairs to
the existing bar/lounge area, relocate the kitchen and bar,
construct a new conference room, and provide new guest and staff
support space including ski -tuning area, men's and women's spas,
and office, lockers and a lounge for the staff.
The renovation is intended to slightly reduce the external floor
area by removing a portion of the roof overhangs 40dt the basic
volume, will remain virtually unchanged. //\\{-
The internal floor area rental space will remain the same and the
non -unit space will increase slightly. The renovation will not
increase the building's total internal floor area.
There are no proposed changes to the on -site parking or open space.
The rannyaticn of the Aspen club Lodge �-be--�.�mp1ished in two
phases. The first phase include ?????????�?-'intended to be
completed by December of 1991. Phase wo will commence in the
spring of 1992. Each phase has been developed to stand on its own.
Thus upon completion of phase one, if`the owners decide to sell or
not pursue phase two,the future operation of the'`lodge or the site
appearance � not co�promised. v
In summaryVA___the proposed renovation does not increase the
nonconforming aspects of the Lodge. The renovation will either
decrease or alter the structure in a manner that does not increase
the nonconformities.
REFERRAL COMMENTS: Having reviewed the above application and made
a site visit, the Engineering Department has the following
comments:
1. The existing parking spaces which are numbered 9-18 on the7115
submitted plans and the curbs which define these spaces appear to �t
encroach into the alley. A survey needs to be done by a licenced
surveyor to determine the amount of encroachment. Since Municipal
Code requires an emergency access width of 20 feet for alleys,
these parking spaces will have to be located within the property
boundary.
r
2. There is a stone wall which appears to extend out into the
right-of-way of Spring Street and is not a licenced encroachment. p 2
The applicant must submit a survey by a registered surveyor which �PI1iS
determines whether or not this wall encroaches into the right-of-
way and if necessary obtain an encroachment licence before issuance
of a building permit.
3. All encroachments and their licence numbers need to be shown on
the new plat. This includes the licence for the awning on Spring
Street and any new encroachment licenses that may be issued.
4. A handicap access was installed from the sidewalk to the lodge
as a requirement of the last review but there is no handicap access
from the street onto the sidewalk in this area. We recommend that
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one be constructed in the sidewalk in this area before a building
permit is issued.
5. Trash storage access is adequate. Since this area is different
than what is shown on the original plat, it needs to be shown on
the new plat.
6. The applicant needs to submit a plat which complies with the
requirements in section 24, article 7-1004 D. 2. a. (2) of
Municipal Code.
PROBLEM DISCUSSION: Pursuant to Section 7-1003 C (2) a
--condominiumization shall be modified only by approval nf fitjr
Ccuncil. There are no specific standards for an amendment.
However, staff reviewed the application for compliance with past
approvals and the extent to which the proposed renovation is
c%twg�•� consistent with the dimensional requirements of the zone district.
�Vj, Compliance with original approval
RESPONSE: It appears from the documents that the only conditions
of approval that have not been me re the recordation of the
amended condominiumization plat r4b`'*"!affordable housing units;,,
&tr- be provided upon he sale yance o ;*individual ,
condominium unit# was condition of the 1985 agreement.
condition is still binding. Therefore at such time when individual
condominiums are soldithe four affor3able units shall be provided
pursuant to the regulations set forth in the 1985 agreement.(I
SHOULD TIE THIS TO CURRENT APCHA GUIDELINES) js -t�Af FrNLe
.ghat' �1
The 1985 amendment also required'2,22 square feet of the former
Anchorage restaurant, in the basement lte� be closed off through
removal of natural light � ventilation, and all mechanical
systems. In N4,9-95,e beloggrade space lkounted in floor area
ton. Currently, the Land Use Code excludes below grade
% space from floor area calculations so the renovation will utilize
the previously closed off space for conference facilities.
The applicant's shall obtain encr achment licenses, from the Loth`#
Engineering Department sever -al en rGa ments: Those lamed USA
t encroachments and the recorda ion number shall be identified on the COAX
0 final plat. (
�J1C,rOQc�lnnMwti�S £�cIS'f".
2. Compliance with L/TR Zone Distr ct
fflo'
RESPONSE: The Aspen Club/Lodge is c rently nonconforming in
several aspects. The renovation,propores---a either decrease some
nonconformities or alter without increasing the nonconformities.
However, parking spaces 9-18 (as indicated on the site plan)
encroach into the alley by approximately 2-3 feet. Phase two of
the renovation proposes to remodel the east wing. During the
remodel the applicant may either pull the parking spaces further
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If parallel parking were used, the applicant would have to
eliminate some parking spaces resulting in an increase in the on -
site parking nonconformity. The L/TR zone district enables the
reduction of parking via a cash -in -lieu payment. The applicant
will then be required to make a cash -in -lieu payment for any
further reduction in on -site parking. ???????????????????????
The Zoning Officer will review the plans to make a final
L;o1rt� determinati regarding the incrre se or -decrease floor area,
` l both externa and internal --end shall determine wh her the
renovation does i act"maintain or decrease the nonconfor ties
of the lodge.
..... �..:,.�T. INFO. TO ESTABLISH A BASELINe FOR FUTURE COND.
14\UA� USE REVIEW)
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5 RECOMMENDATION: Staff recommends approval of the plat amendment
� for the Aspen Club Lodge with the following conditions:
1. Pri-of p the issuance any ilding permits th Zoning
Officer shall \review and approve the renovation inclu g but not
limited to the ..,decrease 'in nonconformities-, the .,a teration of
nonconformities 4d the transfer of internal floor area.
2. Prior to the issuance of any building permit for Phase One, the
' at shall deposit a performance bond for $ in ensure the
fin inn of a final plat and the elimination of the encroaching
p ng spaces 9-18 in the alley.
3. A final pat shall be recorded prior to the issuance of a
Certificate of Occupancy for Phaasse�T-w-G of the renovation. If Phase
Two of the renovation does no ct ommence construction by May
-� then the applicant shall have 30 days to file the final amended
condominiumization plat. If said plat is not filed the applicant
?shall forfeit the $ performance bond.
4. Prior to the recordation of the amended final plat the
Engineering Deparmtnet shall review and approve the amended plat
for compliance with the requirements in section 24, article 7-1004
D. 2. a. (2) of Municipal Code. The plat shall include all
encroachments and their licence numbers and the new trash storage
area.
5. Prior to the issuance of any building permits for Phase One a
handicap access from the street onto the sidewalk shall be
constructed.
'PROPOSED MOTION: I move to read Ordinance , Series of 1991.
I move to adopt, on first reading, Ordinance , Series of 1991.
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T Y M A N A G E R
COMMENTS:
ATTACHMENTS:
A. Ordinance
B. Approval History
C. Site Plan
nderlying zone district. The third part, or Section IV.,
des ibes the proposed renovation. The fourth part addre -
es the enovation's compliance with the applicable view
requiremen of the Aspen Land Use Regulations. For the
reviewer's con nience, all pertinent suppor ing documents
relating to the roject (e.g., Title nsurance Policy,
Woodstone Inn Condom z ium Map, etc. are provided in the
various appendices to th applic ion.
While the Applicant attempted to address all
relevant provisions of a Land se Regulations, and to
provide sufficient i ormation to en le a thorough evalu-
ation of the appl' ation, questions may rise which result
in the staff' request for further inf ation and/or
clarificat' n. The Applicant would be pleas to provide
such a itional information as may be required in he course
of the application's review.
II. APPROVAL HISTORY
The Aspen Club Lodge, which was formerly known as the
Woodstone Inn, has been the subject of numerous land use
applications and reviews. While the various land use files
contained in the City Clerk's office contain a considerable
amount of information with respect to these applications,
the lodge's prior approval history can be briefly summarized
as follows.
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On May 11, 1981, the City Council approved a subdivi-
sion exception application submitted by Hans B. Cantrup (the
owner of the property) and Ronald E. Soderling (a prospec-
tive purchaser) to condominiumize the Woodstone Inn and the
Anchorage restaurant. The approval was subject to various
conditions, the most relevant of which was a requirement for
the provision of four (4) deed restricted affordable housing
units. One (1) unit was to be provided on -site at the
Woodstone Inn. The remaining (3) units were to be leased to
Mr. Solderling at the Alpina Haus, a multi -family structure
that apparently was also owned by Mr. Cantrup. The remain-
ing conditions of approval were as follows.
1. Twenty-three (23) parking spaces were to be
provided off -site at the Continental Inn (a.k.a., the Grand
Aspen Hotel), for the use of the Woodstone Inn and the
Anchorage restaurant.
2. Condominium unit #121 of the Woodstone Inn, and
units 442, 43 and 44 of the Alpina Haus Lodge were to be
deed restricted for a period of fifty (50) years as low
income affordable housing units.
3. A sign was to be placed in the Continental Inn
parking lot to ensure the twenty-three spaces were reserved
for use by patrons of the Woodstone Inn and the Anchorage
restaurant.
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4. The proposed condominium map was to be revised to
reflect the removal of a temporary second floor located over
the Woodstone Inn's lobby.
5. Three (3) encroachment license agreements approved
by the City Council were to be executed and recorded by the
applicants.
6. All requirements for the condominiumization of
existing lodges were to be met by the applicants and all
agreements were to be approved as to form by the City
Attorney.
Apparently, Mr. Cantrup's proposed sale of the blood-
stone Inn to Mr. Soderling fell through. On June 14, 1982,
the Council approved the assignment of the May 11, 1981,
Cantrup/Soderling condominiumization approval to Resort
Hotel Development, Inc. (RHD), subject to the same condi-
tions as the original approval. All of the conditions were
subsequently met by RHD following their acquisition of the
Woodstone Inn. A condominium map, a subdivision exception
statement, restrictive covenants and a master lease pertain-
ing to the Alpina Haus affordable housing units, a parking
lot lease for the twenty-three parking spaces at the
Continental Inn, and the condominium declarations were
recorded by RHD on March 11, 1983. These documents are
recorded at Book 14, Page 45, and at Book 441, Pages 789,
794, 803, 811 and 814, respectively, in the office of the
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Pitkin County Clerk and Recorder. The subdivision exception
statement, which memorialized the conditions of approval, is
attached hereto as Exhibit 1, Appendix B. The Woodstone Inn
condominium map is attached as Exhibit 2, Appendix B.
It should be noted that the three (3) Alpina Haus
affordable housing units, and the twenty-three (23) parking
spaces at the Continental Inn were leased from Mr. Cantrup,
the owner of the properties. The City was a third party
beneficiary to the leases, which were to run for fifty (50)
and twenty (20) years, respectively. The three (3) en-
croachment license agreements were executed and recorded on
April 30, 1982, apparently prior to the assignment of the
Woodstone Inn condominium approval to Resort Hotel Develop-
ment. The agreements are recorded in the Pitkin County
Clerk and Recorder's office in Book 425 at Pages 907, 913
and 919.
No condominiumized hotel units were ever sold by Resort
Hotel Development, who operated the Woodstone Inn until its
sale to Woodstone Associates in 1984. Upon purchase of the
property, Woodstone Associates became the successor in
interest to the Woodstone Inn condominium approval and to
the affordable housing and parking lot leases between Mr.
Cantrup, Resort Hotel Development, and the City. On April
2, 1985, Woodstone Associates entered into an agreement with
the City (see Agreement between Woodstone Associates and the
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City of Aspen, Exhibit 3, Appendix B) that amended the
conditions of the May 11, 1981, Woodstone Inn condominium
approval.
The amended conditions were apparently dictated by Mr.
Cantrup's bankruptcy, the acquisition of his properties by
John H. Roberts (d.b.a., Aspen Mountain Joint Venture), and
the foreclosure of the Alpina Haus by its former owner. As
a result of the foreclosure, the Woodstone Inn's lease of
three (3) affordable housing units at the Alpina Haus was
terminated. The agreement in question, however, permitted
Woodstone Associates to delay the replacement of the units
until individual condominiumized hotel units were sold. The
agreement also waived the City's requirement for twenty-
three (23) off -site parking spaces. A second agreement was
executed on April 2, 1985, which canceled and released the
Continental Inn parking lot lease (see Cancellation and
Release Agreement, Exhibit 4, Appendix B).
An application to amend the Woodstone Inn condominiumi-
zation approval (Planning Office Case #23A-85) was submitted
by Woodstone Associates on July 25, 1985. The proposed
amendment involved various revisions to several of the
rooms, the relocation of the building's trash storage area
and the on -site affordable housing unit, and other miscella-
neous building improvements. The City Council approved the
application on August 26, 1985, subject to seven (7)
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conditions (see Planning Office Approval Summary, Exhibit 5,
Appendix B). The conditions of approval can be summarized
as follows.
1. A new condominium plat and narrative description
explaining the various amendments was to be recorded.
2. A new statement of subdivision exception was to be
recorded.
3. An encroachment license for a proposed new awning
was to be obtained and the agreement recorded.
4. Permission to relocate the on -site affordable
housing unit was conditioned upon the approval of the
Housing Authority and City Council of a new plan for the
four (4) affordable housing units required pursuant to the
original Woodstone Inn condominiumization approval.
Approval was to be obtained prior to recordation of the
revised condominium map.
S. Permission to relocate the building's trash area
was conditioned upon the provision of one (1) new parking
space on -site. The new space was to be approved by the
Planning Office prior to recordation of the revised condo-
minium map.
6. Handicapped access was to be provided at the
buildinges spring street entrance.
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7. All conditions of the May 11, 1981, condominiumiz-
ation approval, and the subsequent agreements pertaining
thereto, were to remain in full force and effect.
A second amendment application (Planning Office Case
#43A-85) was submitted by Woodstone Associates (d.b.a., The
Aspen Club Lodge) on November 12, 1985. This application
requested permission to transfer approximately two thousand
two hundred (2,200) square feet of floor area from the
Anchorage restaurant in the lodge's basement to a new
restaurant to be constructed over the lobby. The existing
Anchorage restaurant would cease to exist, and the basement
area in question would be sealed to prevent further use.
Apparently, subgrade space, with the exception of parking
and storage areas, was included in the calculation of floor
area in 1985. The application again requested permission to
relocate the on -site affordable housing unit, and included
a new proposal to increase its size.
The second application was revised by Woodstone
Associates on November 21, 1985, to substitute an employee
parking area for the area of the basement that had been
proposed to be sealed. As parking was exempt from the
calculation of floor area, the revised request effectively
accomplished the same result as sealing the space from use.
The parking idea apparently originated with the Planning
Office, who was concerned about the ability to preclude
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future use of the sealed area. A new garage ramp was also
proposed with access to Ute Avenue. The City Council
approved the revised application on December 16, 1985,
subject to four (4) conditions (see Planning Office Approval
Summary, Exhibit 6, Appendix B). The conditions can be
summarized as follows.
1. A portion of the Anchorage restaurant was to be
converted to employee parking or sealed to the satisfaction
of the Planning Office and Building Department. A variance
was to be obtained from the Board of Adjustment for the
parking ramp in the event required.
2. Woodstone Associates was required to complete its
purchase of the airspace above the lobby from the Cantrup
Estate prior to recordation of a revised condominium map.
3. A revised condominium map was to be prepared and
recorded which incorporated the amendments approved on
August 26 and December 16, 1985, prior to issuance of a
Certificate of Occupancy for the relocated restaurant.
4. A new subdivision exception statement was to be
recorded which reflected the August 26 and December 16,
1985, approvals.
On February 19, 1986, Woodstone Associates informed the
Planning Office that they did not intend to follow through
with the condominiumization of the Aspen Club Lodge. As no
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1. The concept of using a portion of the old Anchor-
age restaurant space for employee parking was abandoned.
Instead, the space was to be sealed to the satisfaction of
the Building Department. As a result, a variance from the
Board of adjustment was no longer required.
2. An agreement was to made between Woodstone
Associates and the City which would impose a fine for the
unauthorized use of the sealed area.
3. Woodstone Associates agreed to record a revised
condominium map and subdivision exemption statement with the
understanding that no employee deed restrictions were
required until such time as individual condominium lodge
units were sold. A thirty (30) day temporary Certificate of
Occupancy was to be issued for the new restaurant, during
which time the revised condominium map was to be prepared
and recorded.
The Building Department inspected the sealed space in
the old Anchorage restaurant on April 24, 1986. The Depart-
ment's Building Inspection Checklist indicates that the area
in question was in fact sealed (see Permit #9015, Exhibit 9,
Appendix B). Woodstone Associates' request for a variance
from the Board of Adjustment was withdrawn on March 18,
1986. To the best of the Applicant's knowledge, there is no
record of the recordation of a revised condominium map or
subdivision exception statement. It is also unknown whether
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amended condominium map was to be recorded, Woodstone
Associates believed that their affordable housing require-
ments were null and void. Apparently, they wished to "undo"
the prior condominiumization approval of the Woodstone Inn
and the conditions attendant thereto. This decision is
believed to have been motivated by their need to obtain a
Certificate of Occupancy for the new restaurant, and the
fact that a revised condominium map and statement of
subdivision exception had not been prepared.
The Planning Office's comments with respect to blood-
stone Associates' position are summarized in a memorandum
from former planner Steve Burstein to Paul Taddune, the City
Attorney (see Exhibit 7, Appendix B). According to the
memorandum, the majority of the conditions of the August 26
and December 16, 1985 approvals had been met. The only
conditions which apparently remained were the requirements
that a revised subdivision exemption statement and condomin-
ium map be prepared and recorded, and that a portion of the
Anchorage restaurant be converted to parking or sealed.
On March 6, 1986, a meeting was held between Woodstone
Associates, the City Attorney, and the Planning Office to
discuss the status of the two approvals. The results of
that meeting are discussed in a memorandum from Steve
Burstein to the Building Department dated March 17, 1986,
(see Exhibit 8, Appendix B) and are summarized below.
11
0
an agreement exists between Woodstone Associates and the
City regarding the unauthorized use of the sealed area of
the former Anchorage restaurant.
The August 26 and December 16, 1985 approvals to amend
the original Woodstone Inn condominiumization are believed
to be the last land use approvals obtained by Woodstone
Associates with respect to the Aspen Club Lodge. While most
of the conditions attendant to these two approvals appear to
have been met, a revised condominium map and subdivision
exception statement apparently were never recorded. As no
condominium lodge units have ever been sold, the requirement
that four (4) affordable housing unit be provided as a
condition of condominiumization approval does not appear to
have been triggered.
In summary, the May 11, 1981, condominiumization
approval of the Woodstone Inn appears to be in full force
and effect, except as otherwise modified by the April 2,
1985, Woodstone Associates agreement with the City, and the
August 26 and December 16, 1985, approval amendments. While
a revised condominium map and statement of subdivision
exception apparently were never recorded, this oversight is
most likely insufficient to void the various approvals. As
such approvals normally run with the land, they would appear
to have been transferred to Reinhold Aspen upon their
purchase of the Aspen Club Lodge.
13
248607
STATEMENT Or EXCEPTION FROM THE
rULL SUBDIVISION PROCESS FOR THE
PURPOSE OF CONDOMINIUMIZATION LORETTA BANNER
PITKIN CT.. RECORDER
WHEREAS, the provisions of Section 20-19(,r)Ipf 4 �C ?M'83
Aspen Municipal Code, as amended, provide that, following receipt
of a recommendation from the Planning Commission, the City
Council may except a particular division of land. I^el +^; tht
division of existing lodge or inn structureb to be used for
condominiums, from the full subdivision process set forth in
Chapter 20 of the Code, when, in the judgment of the City
Council, such division of land meets certain conditions as
eonteired in Section 20-19(a)r and
WHEREAS, pursuant to Section 20-19(a) of said :ode,
Ronald E. Soderling, Hans B. Cantrup and June Allen Moss Cantrup
joirtly requested such an exception for the condominiumization of
the Woodstone Inn as the same is situated on the following
i described real property:
' A tract of land situated in the Townsite of Aspen and Ute
Addition, City of Aspen, Colorado, ell lying within the NWT
i� Section 19 Township 10 South, Range 84 West of the 6th P.M.
described as follows:
r
Beginning at a point being the Northeast corner of Lot A
Block 107 City rnd Townsite of Aspen
Thence S14150'49'W 100.00 feet along the easterly line of said
Lot A to the southeast corner of Lot A
Thence N75•09'11'W 30.00 feet ilong the southerly line of said
Lot A to the southwest corner of Lot A
Thence S141Sp'49'W 20.00 feet along the easterly line of
vacated South Spring Street to the northwest corner of Lot X
Block 107 Cltyiand Townsite of Aspen
Thence 575•09'11'E 190.00 feet along the northerly line of
Lots K through P and the westerly 10 feet of Lot p, Block 107,
City and Townsite of Aspen
Thence S14.50'49'W 100.00 feet to the southerly line of said
Block 107, City and Townsite of Aspen
Thence N75'09'll'W 190.00 feet along the southerly line of
Block 107, City and Townsite of Aspen to the southwest corner
of said block
Thence S14150'49'W f.42 feet along the easterly line of vacated
South Spring Street to the northerly line of Lot 38 Ute
Addition to the City of Aspen
Thence N74124'W 4.44 feet along the northerly line of Lot 38
Ute Addition to the northwest corner of said Lot 38 Ute
Addition to the City of Aspen
Thence S59151',t 44.00 feet
Thence N38.42'W 6.48 feet
Thence M141511E 107.26 feet
Thence N75'09'W 15,71 feet
Thence N14'51'E 14.41 feet
Thence N75'09'W 29.82 feet to the westerly line of the easterly
10 feet of Lot S, Bloc'( 102, City and Townsite of Aspen
Thence N14'5J'49'E 131.95 feet to the Northerly line of
Block 102, City and Townsite of Aspen
�� 7
1v
�r
t�k,441
Thence S75.09'11'E 116.29 feet along the northerly line of
Blocks 102 and 107, City and Townsite of Aspen to the point of
beginning.
County of Pitkin, State of Colorado.
WHEREAS, the Aspen Planning and Zoning Commission
recommended approval of such exception requests and
WHEREAS, the City Council at its meeting held May 11,
I
1981 has confirmed Rat the proposed condominiumization of the
Woodstone Inn is within the requirements of Section 20-19(a) and
should be excepted ftoe the full subdivision processi and
WHEREAS, by Agreement dated June 14, 1982 between the
foregoing Hans e. Cantrup and June Allen Moss Cantrup and Resort
Hotel Development, Inc. ('RHD'), RHO obtained an assignment of
the approval granted by the City Council on May ll, 1981, and
assumed the conditions of same, wh'ch Agreement was approved by
the Aspen City Council on June 14, 19821
THEREFORE, the Aspen City Council, pursuant to Section
20-19(a) of the Aspen Municipal Code, as amended, determined and
declared that the proposed condominiumization of the Woodstone
Inn and the real property above described into individual
condominium units is excepted from the strict requirements of
Chapter 20 of the Aspen Municipal Code, subject to the following
conditions to be fulfilled by RHO prior to or simultaneously with
the recordation of any condominiumizetion documentation relating
to said property-
a. RHO agreeing to provide 21 parking
spaces for use only by the bloodstone Inn and
Anchorage Restaurant. The lease securing
these tpaces at the southwest corner of
Durant and Galena Streets, Aspen, Colorado,
shall be recorded at the time of
condominiumization and shall run with the
land for a period of not lees than 20 I•ears.
b. RHO recording the restrictive covenants
on Unit 121 of the Woodstone Inn and th,
covenant and lease on Units 42, 43, and 11 of
the %Ipins Haus, 935 East Durant Avenue,
Aspen, Colorado, at the time of
condominiumization to mee• the employee
housing requirements of RHO for a term of
50 years.
C. RHO placinq a sign in front if the
perking area at the southwest Coiner if
-2-
wA441
Durant and Colenn to desienate its use as
>
perking for the Woodstone Inn and Anchorage
�•';
P"tuarant.
1
d. RND revising the condominium plat to
=?`
eliminate the temporary floor assembly which
is presently shown but which has been removed
from the Woodstone Inn.
e. RHO executing and recording the three
ip�Y
Encroachment Agreements drafted by the City
i la
of Aspen Engineering Depart.er,t.
f. Meeting ell requireme-ts for the
y.
condowinit;-ization of existing lodges inter
alia, Section 20-23, Aspen Municipal Codc, as
amended. All agreementz shall be aporoved a^
to form by the City Attorney.
-
EXECUTES this 17 day of rebru3ry, 1983.
HERMAN ED+� ELMAYnR �—
KATHRiNCITY CLERK
APPROVED AS TO rORM:
t•.
Pau J. TsPau J. une,
f
City Attorney
STATE Or COLORADO )
) ss.
COUNTY Or PITKIN )
The foregoing instrument was duly acknowledged before
me this day o[j[f� __ , 1983, by HERMAN EOEL
k
1 i
and KATHRYN S. ROCK, personally noun to me to be Mayor and
City Clerk of the City of Aspen, Colorado, respectively.
V.+
Witness my hand and official seal.
!'
My commission expires: fo3.
n
It..
NotaryjPubl c
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• �) AGREEMENT EXHIBIT 3
T1IIS AGREEMENT is made this day of -trdl'ny1, 1985,
by and between the CITY OF ASPEN, a Colorado municipal
corporation (the "City") and WOODSTONE ASSOC., a Colorado general
partnership for itself, and as representative for WOODSTONE INN
ASSOCIATION, IPIC., a Colorado non-profit corporation to be formed
(the "Association").
W I T N E S S E T H
WHEREAS, Poodstone Assoc. is the owner of the Woodstone
Inn Condominiums consisting of the real property described on
Exhibit A, attached hereto and incorporated herein by this
reference:
WHEREAS, pursuant to the condition of
condominiumization approval for the Woodstone Inn Condominiums
that four (4) units be restricted to use as employee housing
under 'Eh guidelines of the City of Aspen as lodging for
employees of the Woodstone Inn Condominiums, the Statement of
Exception from the Full Subdivision Process for the Purpose of
Condominiumization, Full..
February 17, 1983, and recorded March
i , 19II3 in Book 4 1 Page 811, in the records of Pitkin
County, Colorado provides that Woodstone Assoc.'s predecessor in
.interest, Resort Hotel Uevelopment_,_Inc., a_Colorado g_Qr,o anion
("RHD") shall, as a condition of the City_.apQrovinQ the
condominiumization of the Woodstone Inn, restrict Unit 121 of the
Woodstone Inn, and lease certain units in the Alpina Haus, 935
East Durant Avenue, Aspen, Colorado, for a term of fifty (50)
years, to meet the employee housing requirements of RHD in
connection with said condominiumization of the Woodstone Inn; and
WHEREAS, RHD so restricted Unit 121 of the Woodstone
Inn, and RHD, individually, and as representative of the
Associatior, pursuant to the foregoing employee housing
requirements, entered into that.certain Master Lease Employee
Housing Units dated as of May 18, 1982, and recorded March 11,
.1983, in Book 441 at Page 793 of said records, providing for the
lease of apartments numbered 42, 43,*and 44 located in the Alpina
Haus; and
WHEREAS, Joseph A. Luciani, holder If a deed of trust
encumbering the Alpina fIaus, commenced foreclosure of said deed
of trust, received a Public Trustee's Deed to said property and,
having not previously consented to the aforementioned Master
Lease, affirmatively elected not to honor thelblaster Lease and
RHD's and the Association's possessory rights thereunder; and
WHEREAS, Woodstone Assoc. and the Association desire to
fulfill the employee housing obligations of RHD to the City as
set forth in the aforementioned Statement of Exception by
providing three substitute employee units replacing those: at the
Alpena Haus, and I
WHEREAS, pursuant to that certain Agreement for
Settlement of Litigation ("Settlement Agreement") between the
City and the Estate of Hans B. Cantrup and June Cantrup, dated
198'5 , approved by the City Council on
198Z, the City hszs.-.agreed in paragraph
5 of the Settl ment Agreement, upon the happening of the events
set forth in paragraph 1 thereof, to "waive the requirement for
twenty-three (23) parking spaces, in addition to those_pr_esently
_existing at the Woodstone Inn, and to join in the cancellation
and release of record of the ri:lated parking space lease_
.burdening Lots F, G, and H, Block 91, City andlTownsite of Aspen,
upon the happening of the following: The execution and deliver,
tithe City by the owners of the Woodstone Inn'of an agreement
(in recordable form) to the effect that no individual condominium m
units in the Woodstone Inn will ever be offered for sale, sold1
or__otherwise conveyed, or mortgaged or otherwise encumbered
0
hundred three (1,103) square feet;- may be leased to Woodstone
Assoc. or the Association; and an application shall be submitted
-to the City Council for approval of said units as being in
conformance with the rental and price guidelines, qualification
guidelines and occupancy limitations of the City of Aspen. Said
application shall be considered in good faith and in a timely
anner and approval thereof shall not be unreasonably withheld.
The restrictions pertaining to any employee units shall be
approved by the City Attorney as to form and shall be free from
all liens and encumbrances or be protected by non -disturbance or
subordination agreements to that the foreclosure of any such lien
or encumbrance will not result in the disqualification of such
units as employee housing units.
6. This Agreement shall operate as a covenant running
with the real property described in Exhibit A and shall be
binding on the successors of the parties hereto. Further, this
Agreement shall be recorded in the office of the Pitkin County
'Clerk and Recorder. Upon satisfaction by Woodstone Assoc. of the
requirements and conditions contained herein that a total of four
(4) units be restricted to use as employee housing units for
employees of Woodstone Inn Condominiums, the City will execute
and deliver to Woodstone Assoc. a recordable instrument
evidencing the satisfaction of such requirements and conditions
and releasing the restrictions herein on sale, conveyance,
mortgage, or encumbrance of individual condominium units in the
Woodstone Inn. t
IN WITNESS WHEREOF, arties hereto have executed
this Agreement on this _ day b.,t , 1985.
CITY OF ASPEN, COLORADO
'Charles T. Collins, flavor Pro Tem
ATTEST:
Kathryn S./Koch, City Clerk
STATE OF COLORADO )
ss.
COUNTY OF PITKIN )
The foregoing Agreement was acknowledged before me on
this 28th day of March , 1985, by T. Richard
Butera as President of Woodstone Assoc.
Witness my hand and official seal.
^��\t A.
My commission expires: 11/16/88
Notary Publi
~� Address:101 Lone Pine Rd., 910
F OF c
Aspen, Colorado e1611
-3-
until and unlo's the Woodstone owners have f_ul_complied with
the condominiumization condition and requirements that a total of
four (4) deed restricted employee housing units be provided for
cmp oyees of the bloodstone Inn Condominiums." Said Settlement
'Agreement is incorporated herein by reference.
NOW, THEREFORE, in consideration of the covenants and.,
conditions herein the parties hereto hereby agree as follows:
1. Woodstone Assoc., individually, and on behalf of
the Association, as an inducement to having the City execute this
Agreement, represents and warrants to the City that neither RHD,
Woodstone Assoc., nor the Association has sold, mortgaged,
encumbered, or otherwise conveyed any of the individual
condominium units as of the date of this Agreement. Further, the
Association and Woodstone Assoc. shall not offer for sale, sell,
or otherwise convey, mortgage, or otherwise encumber any
individual condominium units in the Woodstone Inn until and
unless Woodstone Assoc. and/or the Association has fully complied
with the requirement and condition of condominiumization that a
"�J total of f=r (4) units be restricted to use as employee housing
units for employees of Woodstone Inn Condominiums.
2. Immediately following the satisfaction of all
three of the conditions contained on Page 6 (and numbered 1(a),
l(b), and 1(c)) of the Settlement Agreement, the parties will
each:
(i) Execute and acknowledge and then together
record a cancellation and release of the above -described parking
lot lease covering Lots F, G, and H, Block 91, City and Townsite
of Aspen. i
(ii) Cause RHD to enter into a stipulation of
dismissal in connection with Luciani vs. RHD, Civil Action No.
83-CV-25 with the other parties thereto dismissing with prejudice
said case and the City's cross -claim against RHD and the
Association.
3. Woodstone Assoc., for itself, and on behalf of the
Association, acknowledges and agrees that the requirement of four
(4) deed restricted e�n1nY�-_h^"�'*'a t��ts for employees of the
Woodstone Inn Condominiums is a condition of condominiumization
approval and, therefore, must be satisfied prior to the sale,
conveyance, mortgage, or encumbrance of any individual
condominium units in the Woodstone Inn and further represents to
City that there is no mortgage or encumbrance on the Woodstone
Inn which does not acknowledge said condition.,
4. It is understood and agreed that Woodstone Assoc.
may refinance, mortgage, or otherwise encumber, sell or convey
the Woodstone Inn and all condominium units therein as an entire
lodge project and that the restrictions set forth herein on sale,
conveyance, mortgage or encumbrance of individual condominium
units shall apply only to any sale, conveyance, mortgage or
encumbrance of any individual condominium unit or of less than
all of the condominium units. Any such sale, conveyance,
mortgage or encumbrance of the Woodstone Inn as an entire project
shall, however, be subject to the terms and provisions of this
Agreement.
5.) It is understood and agreed that the required
employee housing units, (the han_Xo_odatQne Inn Unit 121, may be
located either in or outside the Woodstone Inn.. If located in
the Woodstone Inn, the restrictions on said units shall be in the
same form as described in Paragraph 10.3 of the Condominium
Declaration for Woodstone Inn dated December 30, 1982, and
recorded March 11, 1983, in Book 441 at Page 814, Pitkin County
Clerk and Recorder's Office. The employee units, other than
Woodstone Inn Unit 121, unless otherwise agreed to by the City
Council, shall be units not already deed restricted for employee
housing, shall in total consist of a minimum of one thousand one
!�f 5814} = 16-720 �f rltyll�1laJCo..,,JCS.IJO�alrnn1U}sY4�)
)�3� f)J� Un�fnl
i °Ns1 -2-
aver"Y 4 3(.%Ik..t
EXHIBIT A
A tract of land situated in the Townsite of Aspen and Ute
Addition, City of Aspen, Colorado, all lying within the Northwest
1/4 of Section 18, Township 10 South, Range 84 Wept of the 6th
P.M., described as follows:
Beginning at a point being the Northeast corner of Lot A, Block
107, City and Townsite of Aspen; thence South 14°50'49" West
100.00 feet along the Easterly line of said Lot A to the
Southeast corner of Lot A; thence North 75009'11" West 30.00 feet
along the Southerly line of said Lot A to the Southwest corner of
Lot A; thence South 14050149" West 20.00 feet along the Easterly
line of vacated South Spring Street to the Northwest corner of
Lot K, Block 107, City and Townsite of Aspen; thence South
75°09'11" East 190.00 feet along the Northerly line of Lots K
through P and the Westerly 10 feet of Lot Q, Block 107, City and
Townsite of Aspen; thence South 14050'49" West 100.00 feet to the
Southerly line of said Block 107, City and Townsite of Aspen;
thence North 75009111" West 190.00 feet along the Southerly line
of Block 107, City and Townsite of Aspen, to the Southwest corner
of said Block 107; thence South 14*50149" West 6.42 feet along
the Easterly line of vacated South Spring Street to the Northerly.
line of Lot 38, Ute Addition to the City of Aspen; thence North
74024' West 4.44 feet along the Northerly line of Lot 38, Ute
Addition to the Northwest corner of said Lot 38, Ute Addition to
the City of Aspen; thence South 59051' West 44.00 feet; thence
North 38042' West 63.08 feet to the Southwest corner of the
Easterly 10 feet of Lot S, Block 102, City and Townsite of Aspen;
thence North 14050'49" East 220.00 feet to the Northerly line of
Block 102, City and Townsite of Aspen; thence South 75°09'11"
East 116.29 feet along the Northerly line of Blocks 102 and 107,
City and Townsite of Aspen to the Point of Beginning;
TOGETHER WITH 3 non-exclusive licenses to encroach upon public
rights -of -way as contained in 3 Encroachment License Agreements,
all dated April 30, 1982, recorded April 30, 1902 in,
respectively, Book 425 at Page 907; Book 425 at Page 913; and
Book 425 at Page 919;
TOGETHER WITH a perpetual non-exclusive easement for ingress and
egress as established by that certain Short Form Easement
Agreement dated as of April 1, 1976, recorded April 25, 1977, in
Book 327 at Page 777;
County of Pitkin, State of Colorado.
-5-
STATE OF COLORADO )
ss.
COUNTY OF PITKIN )
i
The foregoing greement was acknowledged before me on
this Z ,( day of ( i/7L�!`.• , 1985, by Charles T. Collins
as Mayor Pro Tem, and Kathryn S. Koch, as City Clerk of the City
of Aspen, Colorado.
Witness my hand and official seal.
My commission expires:
t
Public:
V
-4-
WHEREAS, Woodstone has provided the City with such an agree-
ment and the City is now willing to waive the requirement for
twenty-three (23) parking spaces on the Property and, as a
result, Woodstone and Aspen Mountain are desirous of cancelling
and releasing the Lease.
NOW, THEREFORE, in consideration of the covenants and condi-
tions contained herein the parties hereto hereby agree as fol-
lows:
1. Aspen Mountain and Woodstone hereby cancel and release
the Lease as it burdens the Property and agree that said Lease
shall hereafter have no further force or effect.
2. City hereby consents to and joins in the cancellation
and release of the Lease as provided in paragraph 1, above.
3. This Agreement may be executed in multiple counterparts
by the parties hereto which when taken together shall constitute
one document. i
IN WITNESS WHEREOF, the parties hereto have executed this
Agreement as of the day and year first above written.
AMJV: ASPEN MOUNTAIN JOINT VENTURE,
a Colorado joint venture
BY: John H. Roberts
Jrr, n urer
B
James M. Holbrook as hi
Attorney -in -Fact
AND BY: Roberts Aspen Properties, Inc.
a Texas corporation,
Venturer
�-
By:
Aresident
WOODSTONE ASSOC., a Colorado
general partnership, individually
and as representative for the
Woodstone Inn Association, Inc., a
Colorado Non-Profit,Corporation
By
T. Richard Butera,
General Partner
-2-
CANCELLATION AND RELEASE AGREEMENT
EXHIBIT 4
THIS CANCELLATION AND RELEASE AGREEMENT is made this 2 day
of f"�/G , 1985, by and between ASPEN MOUNTAIN JOINT VENTURE,
a Colorado joint venture ("Aspen Mountain"), THE CITY OF ASPEN
COLORADO, a Colorado municipal corporation ("City"), and
WOODSTONE ASSOC., a Colorado general partnership ("Woodstone"),
individually and as representative for WOODSTONE INN ASSOCIATION,
INC., a Colorado non-profit corporation.
W I T N E S S E T H
WHEREAS, Aspen Mountain is the successor in interest to
Hans B. Cantrup with respect to the fee simple ownership of
Lots F, G and H, Block 91, Original Aspen Townsite, City of
Aspen, Pitkin County, Colorado ("Property"); and
WHEREAS, Woodstone is the successor in interest to Resort
Hotel Development, Inc., a Colorado corporation, with respect to
the fee simple.ownership of the Woodstone Inn and as such is the
successor in interest to Resort Hotel Development, Inc.'s lease -
..hold estate in the Property under that certain Parking Lot Lease
("Lease") dated May 18, 1982.with Hans B. Cantrup and June Allen
Moss Cantrup, as lessors, recorded on March 11, 1983 in Book 441
at page 803, Pitkin County, Colorado records; and
WHEREAS, The City has agreed to waive the requirement for
Z
W'64t`b'' twenty-three (23) parking spaces on the Property for use by
,"lc�
��'" guests of the Woodstone Inn and to join in the cancellation and
%10
release of the Lease which presently burdens the Property upon
the execution and delivery to the City by Woodstone of an agree-
�^�\ ment to the effect that no individual condominium units in the
r�
Woodstone Inn will ever be offered for sale, or sold or otherwise
conveyed, or mortgaged or otherwise encumbered until and unless
the owners of the Woodstone Inn have fully complied with the con-
\ dominiumization condition and requirement that a total of four
V (4) deed restricted employee housing units be provided for
employees of Woodstoine Inn Condominiums; and
I
Street entrance.
7.
Nothing in this approval shall be construed to reduce the
owner's obligation made by the original approval of condomi-
niumization and all subsequent agreements.
Representations that were made bythe applicant (Dick Butera) .,
1.
The applicant expects to spend $450,000 on the entire renovation.
2.
One of the major changes which will occur entirely within
the common area (Unit 100) , and therefore does not require a
plat amendment, is to switch the lobby and bar areas around.
3.
It may be possible to cut down the landscaped area in the
rear of the Woodstone in order to create one parking space.
4.
If Amendment 10 is allowed (trash pick up area in parking
lot) it should not cause the complete loss of a parking space.
Applicant agreed with Planning office that the parking arrange-
ment is very tight. It had been designed poorly in the first
place. And the applicant will study the situation further to
determine the net effect of a change prior to bringing a proposal
to the Planning Office (pursuant to Condition #5).
EXHIBIT 5
WOODSTONE PLAT AMENDMENT .
y Council approved the Woodstone Plat Amendment. The
following_amendments to the Woodstone condominiumization plat subject
to the conditions listed below.
1. Expand Room 127 from 240 s.f. to 375 s.f. by extending into
Room 100 (Office space) .
2. Expand Room 137 from 239 s.q. to 450 s.f. by extending into
Unit 100 (Office space) .
3. Expand Room 202 from 268 s.f. to 600 s.f• by extending into
Unit 100 (Storage space).
4. Expand Room 252 from 224 s.f. to 269 s.f. by extending into
Unit 100 (Covered, walkway) .
5. Expand Room 302 from 268 s.f. to 445 s.f. by extending into
Unit 100 (storage space) .
6. Construction of a hallway with glassed -in air lock from lobby to
the east wing.
7. Construction of a hallway from lobby to the west wing.
8. Install a new awning on the western entrance extending from
the entranceway to the curb of Spring Street.
9. Change the deed -restricted employee unit from Room 121 to
Room 232 (see Condition 14)
10. Remove the existing trash storage area on the west side of
the building, replacing it with flower box, ing trash
storage
a
area to be the basement, and designating Pick-up. tr (see condition
up area
where trash will be moved to for daily P
15)
Subject to the following conditions:
specifically,
1. A Final Plat Amendment shall be submitted which conforms o
the requirements of Section 20-15, including sPe Depart -
corrections to the deficiencies al discussion. Anwrittennnarrative
ment's memoraenadu�m of andper
sir amendments shall be submitted as
explaining
part of the Plat Amendment.
2. The applicant
shall
Attorneys a Statement of Subdivision Exception
through
ined
.3 Encro
atomzecordation the
of Spring
amended P1 at. In athe beven
P t athat
,
encroachment is not granted, then Amendment 8 shall not be
approved.
�4. The employee housing deed -restriction shall only be changed
from Room 121 to Room 232 if approval is given by the Housing
employee units that
Authority and by City Council for the four pprovals for the
are obligations attached to the Woodstone Inn. APP
be obtained prior to recordation
employee housing proposal must
of plat.
C,_
The amendment for the removal of the existing trash storage
/ area, moving trash storage to basement and designating a new
trash pick-up area in the Durant Street parking lot shall be
approved if a new parking space can be created elsewhere on
the Woodstone Inn site that satisfies the Planning Office.
The applicant must obtain Planning office's approval prior
to recordation of the plat. In the event that such approval
'\i s not given, then amendment 10 is not approved.
6.. . The applicant shall provide handicapped access at the Spring
TO:
FROM:
RE:
DATE:
EXHIBIT 7
MEMORANDUM
Paul Taddune, City Attorney
Steve, Burstein, Planning Office
Woodstone (Aspen Club Lodge) Condominiumization Plat
February 25, 1986
The purpose of this memorandum is to clarify the status of the
conditions of approval given by Council for Woodstone (Aspen Club
Lodge) Condominiumization Plat amendments on August 26, 1985 and
December 16, 1985. Most of the conditions of approval were to be
met prior to the recordation of the condominiumization plat.
Dick Butera's present intention is to not condominiumize the
Woodstone and therein avoid compliance with certain conditions of
approval. The key conditions Mr. Butera would like to avoid are
the necessity of filing a plat amendment prior to the issuance of
a Certificate of Occupancy and deed restricting employee housing.
We need to determine what further action is needed. I suggest
that we look at the following possible actions relating to
this situation:
1. Consider vacation of the plat of record,
2. Require follow-through with the recordation of the plat
and all conditions attached to it,
3. Consider amending the conditions of approval, or
4. Create an ad -hoc agreement between the City and the
owner to ensure that the conditions of approval which
mitigate impacts from the project that are most important
to the City's interest are met.
Each of these alternatives is evaluated below:
1. It appears that vacation of the Woodstone Condominium map
could be accomplished through resubdivision. Based on
Section 20-4(a) of the Municipal Code, condominiumization is
a resubdivision activity. To rejoin all condominium units
into a single parcel would be a resubdivision activity and
handled procedurally as a subdivision exception.
The main loss to the City from this approach would be the
employee housing commitment. One on -site unit and four
units in the Cortina Lodge have been approved to meet the
Woodstone's employee housing obligation set through condomin-
iumization. This change effects the Cortina condominiumization
EXHIBIT 6
WOODSTONE CONDOMINIUMIZATION PLAT AMENDMENT
On December 16, 1985 City Council approved the request 3 in favor,
1
opposed, to reorganize 2,223 square feet of existing floor area (counted
FAR) from the current Anchorage Restaurant and transferring 2,145
sq. ft. of this space to a new mezzanine level restaurant above the
building, subject to the following conditions:
1. The Anchorage Restaurant shall be reconstructed as an
employee parking area so as not to count against FAR. The
applicant must apply for a variance from the Board of
Adjustment for the open space encroachment of the parking
ramp/cover prior to the issuance of a building a rmthe
t.
Prior to the issuance of a Certificate Of Occupancy
mezzanine restaurant, approval by the Board of Adjustment
must be obtained or, in the event that the Board denies the
request, a plan to definitively seal up the space from FAR
use with appropriate legal provisions for enforcement must
be approved by the Planning Office and Building Department.
2. The sale of the airspace above the lobby to Woodstone
Associates shall be finalized prior to recordation of the plat.
3. A final Condominiumization Plat Amendment shall be submitted
prior to Certificate of Occupancy containing all changes
approved on August 26, 1985, and on December 16,
1985 nd
shall conform to the requirements of Section 20-15 of the
Municipal Code.
4. The applicant shall submit prior to Certificate of Occupancy
a Statement of Subdivision Exception through the City
Attorneys Office.
S B . 5 1
by Council and the awning has been constructed.
Condition 44: The Cortina Lodge employee housing project
has been approved including Units 1, 9, 10 and 17 for
Woodstone employees; however, no Cortina condominiumization
plat nor deed restrictions have been recorded and no deed -
restriction has been filed on Room 232 of the Woodstone to
my knowledge. The employee commitment originated with the
Soderling Subdivision Exception, approved May 11, 1981 and
has been reaffirmed throughout all subsequent agreements
between the City and the owner of the Woodstone.
The April 2, 1985 agreement between Woodstone Associates and
the City of Aspen states "...the four (4) deed -restricted
employee housing units for employees of the Woodstone Inn
Condominium is a condition of condominiumization approval,
and therefore, must be satisfied prior to the sale, conveyance,
mortgage, or encumbrance of any individual condominium units
in the Woodstone Inn..."
It appears that since approval of the Cortina employee housing
units for Woodstone employees has been accomplished, then no
further action (i.e., deed -restriction) is required before the
final condominiumization plat can be recorded. The units must
be deed -restricted, however, before the sale, conveyance,
mortgage or encumbrance of individual condominium units.
Condition #5: The Planning Office and Engineering Department
have approved a new parking plan submitted by Jim Colombo
showing 66 spaces that included a new parking space in an
area that had landscaping. The landscaping rocks have been
removed and a new space created. The existing trash area
has also been removed. The Woodst one's parking is still
non -conforming. Section 24-4.5 of the Municipal Code calls
for 1 space per bedroom (92 spaces) and 4 spaces per 1,000
square feet for other uses (8 spaces for the restaurant) , a
total of 100 spaces for this facility. It appears that the
City should still be working with the owner to remedy this
situation (see Condition 11 of the December 16 approval).
Condition #6: The handicapped access on Spring Street has
been constructed.
On December 16, 1985 City Council approved a plat amendment
to reorganize 2,223 square feet of basement floor area from
the Anchorage Restaurant to the new mezzanine level Aspen Club
Lodge Cafe, consisting of 2,145 square feet. Comments on those
conditions of approval are as follows:
Condition 41: The owners must still appear in front of the
Board of Adjustment to apply for an open space variance for
the parking ramp. This meeting has been postponed until
March 20, 1986. The applicant cannot obtain a Certificate
of Occupancy for the mezzanine restaurant until approval
project. The condominium declaration of covenants would
need to reflect the absence of these deed -restricted units
associated with the Woodstone. However, the entire Cortina
Lodge was to be deed -restricted as a low income employee
domitory; and units not associated with either the Jerome or
Woodstone would be reserved for future employee housing
obligation. The Woodstone vacation would not cause the
Cortina employee housing project to be disolved if Mr. Butera
proceeds with that condominiumization and deed -restric-
tion as approved.
The off -site parking requirement for 23 parking spaces set
as a condition of the original condominiumization approval
has been waived in an April 2, 1985 agreement. On -site
parking would be effected if the applicant does not implement
the parking plan approved through the August 26, 1985
amendments, potentially increasing the Woodstone's non-
conformity regarding on -site parking requirements (see
discussion of Condition #5 below).
Other conditions of approval have been met, and so would not
appear to be effected by subdivision vacation. However, the
City has no assurance that such features as the handicapped
access and trash storage pick-up arrangements are not changed.
2. Recordation of the plat would be the cleanest and most
desireable alternative, now set in place by City approvals
to occur. It allows the City to address prior to plat
recordation and issuance of a Certificate of Occupancy,
parking, FAR transfer and the other conditions attached to
the August 26 and December 16, 1985 approvals. We could
also address the mezzanine restaurant deck question posed by
the Aspen Alps Homeowner's Association.
3. One possible amendment to the conditions of approval is to
delete the requirement that prior to issuance of a Certificate
of Occupancy the condominiumization plat must be recorded.
The effect of this is to allow the condominium plat is
linger on in limbo; other than that no harm would result
to the City.
4. In the event that the plat was vacated (Alternative #1), it
would be desireable to make an agreement concerning on -site
parking plans, trash and handicapped access and possibly
employee housing to ensure that these matters are handled to
the City's satisfaction.
Discussed below are the pertinent conditions attached to CouncillIs
approvals of the Woodstone Plat amendments. Council approved the
requested plat amendment on August 26, 1985 subject to the seven
conditions listed on the attachment. I have the following
comments and concerns:
Condition 43: The awning encroachment license was granted
& 01
EXHIBIT 8
MEMORANDUM
TO: Jim Wilson, Chief Building Official
Bill Drueding, Zoning Official
FROM: Steve Burstein, Planning Office
RE: Woodstone/Aspen Club Lodge FAR Exemption of Basement Space
DATE: March 17, 1986
In a meeting with Alan Richman, Paul Taddune, Dick Butera, Jim
Colombo and myself held on March 6, 1986, the transfer of FAR
space and other matters concerning building and zoning code
enforcement were discussed. The results of the meeting are as
follows:
1. The Planning Office is satisfied if the 2,223 square
feet of the former Anchorage Restaurant is (a) closed
off through removal of natural light and ventilation,
and all mechanical systems such as plumbing and heating
such that it does not meet the Uniform Building Code
definition of habitable space, and (b) is not used
for storage or any other use in the C-1 zone district
which would count as FAR (i.e., it is totally dead
space). This arrangement, which appears to be preferred
by the owner over the parking area proposal, can be
made to the Building Department's satisfaction in the
absence of the Board of Adjustment meetings.
2. The Planning Office recommends that a perdiem fine
for violation of this closure, as proposed by Dick
Butera on several occasions, be included in an agreement
with the owner.
3. Mr. Butera agreed to complete the condominiumization
plat with the understanding that no employee deed -
restriction are necessary until the time of sale of any
unit. The Planning Office recommends that a temporary
Certificate of Occupancy be issued for 30 days as
suggested by Mr. Butera, to allow for completion and
filing of the plat.
cc: Paul Taddune, City Attorney
from the Board of Adjustment is obtained or, in the event of
denial, a plan to close the Anchorage Restaurant space is
approved by the Planning Office and Building Department.
Any change in this condition should be approved by Council.
Condition #3: This condition clearly requires that the
amended plat be submitted prior to a Certificate of Occupancy
for all changes approved in the two meetings of Council.
The issue of FAR transfer must be resolved prior to the
recordation of the plat. Virtually all of the other conditions
of approval appear to have already been met. Employee
housing can be dealt with after plat recordation, given the
Cortina approval, and need not hold up recordation. For
these reasons, this condition of approval should be retained.
Condition #4: The Statement of Subdivision Exception must
also be submitted prior to a Certificate of Occupancy.
In conclusion, I believe that the applicant should follow through
with the recordation of the condominium plat. Approval from the
Board of Adjustments for the open space variance and Council
approval of the mezzanine deck must be obtained prior to the plat
recordation. There appear to be no other issues needing resolution
before the plat can be resolved. The plat would finalize a
fairly complicated set of proceedings that otherwise may become
more confusing if much time passes. It would also enable the
owner to sell condominium units after deed -restriction of employee
housing, and result in less delay when he desires to do so.
If Mr. Butera wishes to vacate the Woodstone Condominiumization
plat, then an agreement covering parking, trash area and handicapped
access would be desireable.
A temporary Certificate of Occupancy could be issued for a period
of no more than 60 days to allow the applicant time to obtain these
approvals and prepare the final plat. The temporary Certificate
of Occupancy should be revoked after 60 days if the plat is not
recorded.
cc: Alan Richman
Jim Wilson
Bill Drueding
SB.nec.26
ASPEN6PI N REGIONAL BUILOIN .- _PARTMENT
506 East Main 5tree� Aspen, Colorado 61611 303/g25-5973
EXHIBIT 9
BUILDING INSPECTION CHECK LIST
Incnnrli�� lanincnarrinn _ Partial Complete Permit No.
Steel Electric Plumbing Heating Building
Footings
Temp
Underground
Rough
Frame
Cassions
Underground
Waste & Vent
Flue
Insul
Wall
Swim Pool
Water Pipe
F. P. Flue
Drywall
Struct. Slabs
Rough
Gas
Glass Door
Special' .
Damp Proof
Service
Final
Combust. Air
Mobile Home
Foun. lnsul.
Final
Final
Final '
Found. Drain
Stove Type
Zoning
FIRE LIFE& SAFETY
Stove #
Accepted I Rejected Reinspection Fee $30.00 Yes No I No. Bdrms.
(You are ordered to make the following corrections on the construction which is now in progress at the address below)
c�-/a /) 6/c,=
c--gun. -�, %-
Rom••
O c J-a
Kitchen Tub Shower Lay. W.C. Ice W. Bar Tub/Shower Jacuzzi
Bidit Hose Bib LaundryAuto Washer Hot Tub D.W.
r1 City County Time of Arrival � Time of Departures
Address I Du r a n-+ Phone Work: Home:
Subdivision Request Rec'd
Time
Contractor Request for. M. T. W T FR A.M. P.M. Time
Owner >? r o Inspected Date -2 Inspec or '
Rev. t /85 f
Aspen Club Lodge Renovation
Subdivision Exemption Application
Revised Scope of Work
Definition of Work Phasing
Stryker / Brown Architects, PC
300 S. Spring Street, Suite 300
Aspen, Co 81611
925-2254
August 5,1991
PHASE ONE:
1. Exterior of building New balustrade and rails on new balconies on the west wing; new
decorative canopy over balconies on the west wing, and to a more limited extent rework
the balustrades and canopies on the east wing; and the core shall receive a new facade.
2. Site exterior: Fill swimming pool, btiild new surface deck on South terrace, install new
jacuzzi.
3. Basement: Limited excavation underneath the deck located in the "core", in order to
accommodate a new staircase and exit from the conference area to the deck; new
elevator from the basement to the upper Floors of the west wing; new restrooms; new
commercial kitchen; remodel conference room and lounge areas; and new stairs to the
lobby.
4. First level: Demolish two rooms in the east wing in order to accommodate a new dining
room, remodel existing bar to create new dining room area, provide for restaurant
service area, remodel existing lobby and offices, and re -do the lobby ceiling at a height
of approximately 9'-6".
5. Second and Third Level "Core": West Wing interior finishes only. Core: attic above
lobby; add two rooms and corridor in existing dining room / kitchen area, with storage
adjacent. Remodel four existing Fast Wing rooms into two suites, leaving the rest of the
East Wing as it exists.
PHASE TWO
East Wing: Demolish rooms as shown on original submission plan, remodel second level
roomsper original plans.
2. West Wing: No construction.
3. Basement: Excavate basement (sauna, lockers, etc.) per original plan.
4. Second and Third LevelCore: Replace lobby plenum ceiling with structural, complete
three large rooms on Second and Third levels per original plan.
5. Site: New swimming pool per original plan. (Modify parking as required by Planning
process.)
0
Aspen Club Lodge Renovation
Subdivision Exemption Application
Revised Floor Area Tables
August 5,1991
Table 3 '
(Page 31, original application book)
Revised Proposed Conditions
Aspen Club Lodge
1. Proposed Lodge Rooms
86
First Floor
27
41
Second Floor
18
Third Floor
2. Proposed External Floor Area
48585
Basement 1
1420
First Floor
18840
Second floor
19735
Third Floor
7570
1020
Roof
3. Proposed Internal Floor Area (Sq. Ft.)
46716
Lodge Rental Space
29910
Non -Unit Spacel
12452
4354
Other3
4. Proposed Open Space (Sq. Ft.)
1385
5. Proposed Parking
41
Surface
18
23
Subgrade Parking Garage
---------------------------------------
1 Includes that portion of the basement which is not one hundred percent (100%) below grade.
2 Non -unit space is limited to the floor area within the lodge that is commonly shared by
the
public such as lobbies, hallways, stairways, dining and recreational areas, etc.
3 Non-public areas such as storage, mechanical, office, kitchen, etc. Does not include roof
overhangs.
0
to
Aspen Club Lodge Renovation
Subdivision Exemption Application
Revised Scope of Work
Restaurant Area Calculations
Stryker / Brown Architects, PC
300 S. Spring Street, Suite 300
Aspen, Co 81611
925-2254
August 5,1991
Area of Existing Bar.
Restaurant:
Subtotal
Kitchen:
Total
Area of Proposed Conference Reception:
Restaurant:
Sub -total
Kitchen:
Total
M15 square feet
1408
3623
4250
176.1 (in basement; not FAR)
2416
4180
7 (in basement; not FAR)
5897 square feet
MEMORANDUM
TO: Leslie Lamont, Planning Office
FROM: Jim Gibbard, Engineering Department
DATE: August 1, 1991
RE: Aspen Club Lodge Subdivision Exemption
Having reviewed the above application and made a site visit, the
Engineering Department has the following comments:
1. The existing parking spaces which are numbered 9-18 on the
submitted plans and the curbs which define these spaces appear to
encroach into the alley. A survey needs to be done by a licenced
surveyor to determine the amount of encroachment. Since Municipal
Code requires an emergency access width of 20 feet for alleys,
these parking spaces will have to be located within the property
boundary.
2. There is stone wall which appears to extend out into the right-
of-way of Spring Street and is not a licenced encroachment. The
applicant must submit a survey by a registered surveyor which
determines whether or not this wall encroaches into the right-of-
way and if necessary obtain an encroachment licence before issuance
of a building permit.
3. All encroachments and their licence numbers need to be shown on
the new plat. This includes the licence for the awning on Spring
Street and any new encroachment licenses that may be issued.
4. A handicap access was installed from the sidewalk to the lodge
as a requirement of the last review but there is no handicap access
from the street onto the sidewalk in this area. We recommend that
one be constructed in the sidewalk in this area before a building
permit is issued.
5. Trash storage access is adequate. Since this area is different
than what is shown on the original plat, it needs to be shown on
the new plat.
6. The applicant needs to submit a plat which complies with the
requirements in section 24, article 7-1004 D. 2. a. (2) of
Municipal Code.
jg/aclse
cc: Chuck Roth
•
MEMORANDUM
TO: City Engineer
Zoning**
FROM: Leslie Lamont, Planning Office
RE: Aspen Club Lodge Subdivision Exemption
DATE: July 11, 1991
Attached for your review and comments is an annl;r-?tic„ Fr-
-Reinhold Aspen Inc. requesting Subdivision Exemption for amendment
to the condominium plat and declaration.
Please return your comments to me no later than July 26, 1991.
Thanks.
**Bill, please check the plans.
0
•
ASPEN/PITRIN PLANNING OFFICE
130 S. Galena Street
Aspen, Colorado 81611
(303) 920-5090 FAX# (303) 920-5197
July 11, 1991
Sunny Vann
Vann Associates, Inc.
230 Easi. Hupkins Avenue
Aspen, CO 81611
Re: Aspen Club Lodge Subdivision Exemption
Dear Sunny,
This is to inform you that the Planning Office has completed its
preliminary review of the captioned application. We have
determined that this application is complete.
We have scheduled this application for review by the Aspen City
Council on Monday, August 12, 1991 at a meeting to begin at 5:00
P.M. The Friday before the meeting date, we will call to inform
you that a copy of the memo pertaining to the application is
available at the Planning Office.
If you have any questions, please call Leslie Lamont, the planner
assigned to your case.
Sincerely,
Debbie Skehan,
Office Manager
1
■
i
I
I ASPEN CLUB LODGE
I
1
1
SUBDIVISION EXEMPTION
APPLICATION
A SUBDIVISION EXEMPTION APPLICATION
FOR AN AMENDMENT TO
THE WOODSTONE INN CONDOMINIUMIZATION APPROVAL
Submitted by
' REINHOLD ASPEN INCORPORATED
709 East Durant
Aspen, CO 81611
(303) 925-6760
I
Prepared by
VANN ASSOCIATES, INC.
Planning Consultants
230 East Hopkins Avenue
Aspen, Colorado 81611
(303) 925-6958
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PROJECT CONSULTANTS
Sunny Vann, AICP
Vann Associates, Inc.
230 East Hopkins Avenue
Aspen, CO 81611
(303) 925-6958
ARCHITECTS
Stryker -Brown Architects
300 South Spring Street
Aspen, CO 81611
(303) 925-2254
C. Rey Grange
Architects d.p.l.g. Urbanists c.s.s.u.
B. Jelensperger
Ingenisur e.c.p. Architects d.p.l.g.
61 Rue de La Garenne
92310 Sevres
France
SURVEYOR
Aspen Survey Engineers, Inc.
210 South Galena Street
Aspen, CO 81611
(303) 925-3816
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TABLE OF CONTENTS
Section Page
I.
INTRODUCTION
1
II.
APPROVAL HISTORY
3
III.
EXISTING CONDITIONS
14
IV.
PROPOSED RENOVATION
24
V.
REVIEW REQUIREMENTS
33
A. Subdivision Exemption
33
B. Vested Property Rights
35
APPENDIX
A. Exhibit 1, Pre -Application Conference
Summary
Exhibit 2, Title Insurance Policy
Exhibit 3, Permission to Represent
B. Exhibit 1, Subdivision Exemption Statement
Exhibit 2, Woodstone Inn Condominium Map
Exhibit 3, Woodstone Associates/City of
Aspen Agreement
Exhibit 4, Cancellation and Release
Agreement
Exhibit 5, Planning Office Approval
Summary/Case #23A-85
Exhibit 6, Planning Office Approval
Summary/Case #43A-85
ii
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0
TABLE OF CONTENTS
Section Page
APPENDIX
B. (Continued)
Exhibit 7, Memorandum from Steve Burstein
to Paul Taddune
Exhibit 8, Memorandum from Steve Burstein
to the Building Department
Exhibit 9, Building Department Permit
#9015
iii
I. INTRODUCTION
The following application requests an exemption from
subdivision for the purpose of amending the existing
condominiumization approval of the Woodstone Inn Condomini-
ums (a.k.a., the Aspen Club Lodge). The Reinhold Group, a
European real estate conglomerate, has purchased the Aspen
Club Lodge from Woodstone Associates, and wishes to exten-
sively renovate the facility. The extent of the proposed
renovation requires an amendment to the lodge's condominium
map and declaration. Vested property rights status for the
proposed amendment is also requested (see Pre -Application
Conference Summary, Exhibit 1, Appendix A).
The application is submitted pursuant to Sections 7-
1003.A.3. and 7-1007.C.2. of the Aspen Land Use Regulations
by Reinhold Aspen Incorporated, a subsidiary of The Reinhold
Group and the new owner of the property ( see Title Insurance
Policy, Exhibit 2, Appendix A). The Applicant's representa-
tive is Sunny Vann of Vann Associates, Inc., Planning
Consultants (see Permission to Represent, Exhibit 3,
' Appendix A).
The application has been divided into four (4) parts.
The first part, or Section II. of the application, provides
' a brief overview of the lodge's prior approval history,
while Section III. summarizes the existing lodge's compli-
ance with the dimensional requirements of the property's
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III. EXISTING CONDITIONS
As the improvement survey on the following page
illustrates, the property in question contains approximately
forty-two thousand six hundred and forty-five (42,645)
square feet of land area and is presently zoned L/TR,
Lodge/Tourist Residential. The various dimensional require-
ments of the L/TR zone district which limit the renovation
potential of the Aspen Club Lodge are summarized in Table 1,
below.
Table 1
Dimensional Requirements
L/TR Zone District
1.
Site Area (Sq. Ft.)'
42,650
2.
Minimum Lot Area/Dwelling Unit
None
3.
Minimum Setbacks (Feet)
Front Yard
10
Side Yards
5
Rear Yards
10
4.
Maximum Height (Feet)
28
5.
Minimum Open Space @ 25% of
10,660
Site Area (Sq. Ft.)
6.
Maximum External Floor Area
42,650
@ 1:1 (Sq. Ft.)
7.
Internal Floor Area (Sq. Ft.)
Minimum Non -unit Space @ 0.25:1
10,660
Maximum Rental Space @ 0.5:1
21,330
Maximum Rental Space @ 0.75:12
31,990
Lodge Rental Space
28,470
Affordable Housing
3,520
14
' 8. Minimum Parking Required 0.7 Space/Bedroom
All areas have been rounded to the nearest ten (10)
' square feet.
z Maximum rental space may be increased to 0.75:1
provided, however, that 33-1/3 percent of the addition-
al increase is used for affordable housing purposes.
3 May be reduced to 0.5 spaces/bedroom upon payment of
cash in
' As Table 1 indicates, the maximum external floor area
of the lodge is limited to forty-two thousand six hundred
and fifty (42,650) square feet. However, there are also
internal floor area limitations that effect the proposed
remodel. Specifically, a minimum of twenty-five (25)
percent of the lodge's floor area must consist of non -unit
'
space. Similarly, rental space is limited to a maximum of
'
fifty (50) percent of the lodge's floor area unless on -site
affordable housing is provided. The rental area may be
'
increased to seventy-five (75) percent, provided that one
third (1/3) of the additional increase is used for afford-
able housing purposes.
' The existing Aspen Club Lodge consists of ninety-one
' (91) guest rooms, a restaurant, bar, and conference room,
with accompanying support spaces, outdoor amenities, and a
' parking garage. Floor plans depicting the existing lodge's
design are provided on the following pages. The lodge's
room count, external and internal floor areas, open space,
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Based on the above figures, the Aspen Club Lodge's
existing external floor area exceeds the maximum allowed in
the L/TR zone district. In addition, the lodge's existing
rental space exceeds the maximum allowed pursuant to the
district's internal floor area requirement. Available open
space and on -site parking are also less than the minimum re-
quired. Nnn- ^.it space, iuwever, exceeds the minimum
requirement. No on -site affordable housing is provided.
As the Aspen Club Lodge does not comply with several of
the dimensional requirements of the L/TR zone district, it
is by definition a non -conforming structure. Pursuant to
Section 9-103.C.1., such structures may be extended or
altered, provided that the individual non -conformities are
not increased. Non -conformities, however, may be maintained
or decreased. The Applicant's proposed renovation, there-
fore, cannot increase the lodge's existing external floor
area or its internal rental floor area. Similarly, the
renovation cannot decrease the lodge's available open space
or the amount of on -site parking. The lodge's non -unit
space, however, may be increased or decreased, provided that
such space does not fall below the minimum required.
IV. PROPOSED RENOVATION
As the proposed floor plans on the following pages
illustrate, the Aspen Club Lodge's room count will be
reduced from ninety-one (91) to seventy-four (74) units.
24
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' underlying zone district. The third part, or Section IV.,
' describes the proposed renovation. The fourth part address-
es the renovation's compliance with the applicable review
' requirements of the Aspen Land Use Regulations. For the
reviewer's convenience, all pertinent supporting documents
relating to the project (e.g., Title Insurance Policy,
Woodstone Inn Condominium Man; Ptc_; --rc provided in the
various appendices to the application.
' While the Applicant has attempted to address all
relevant provisions of the Land Use Regulations, and to
provide sufficient information to enable a thorough evalu-
ation of the application, questions may arise which result
in the staff's request for further information and/or
' clarification. The Applicant would be pleased to provide
' such additional information as may be required in the course
of the application's review.
1 II. APPROVAL HISTORY
The Aspen Club Lodge, which was formerly known as the
' Woodstone Inn, has been the subject of numerous land use
applications and reviews. While the various land use files
contained in the City Clerk's office contain a considerable
amount of information with respect to these applications,
the lodge's prior approval history can be briefly summarized
as follows.
1
On May 11, 1981, the City Council approved a subdivi-
sion exception application submitted by Hans B. Cantrup (the
owner of the property) and Ronald E. Soderling (a prospec-
tive purchaser) to condominiumize the Woodstone Inn and the
Anchorage restaurant. The approval was subject to various
conditions, the most relevant of which was a requirement for
the provision of four (4) deed restricted affordable
units. One (1) unit was to be provided on -site at the
Woodstone Inn. The remaining (3) units were to be leased to
Mr. Solderling at the Alpina Haus, a multi -family structure
that apparently was also owned by Mr. Cantrup. The remain-
ing conditions of approval were as follows.
1. Twenty-three (23) parking spaces were to be
provided off -site at the Continental Inn (a.k.a., the Grand
' Aspen Hotel), for the use of the Woodstone Inn and the
Anchorage restaurant.
2. Condominium unit #121 of the Woodstone Inn, and
' units #42, 43 and 44 of the Alpina Haus Lodge were to be
deed restricted for a period of fifty (50) years as low
income affordable housing units.
' 3. A sign was to be placed in the Continental Inn
parking lot to ensure the twenty-three spaces were reserved
rfor use by patrons of the Woodstone Inn and the Anchorage
restaurant.
•
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4. The proposed condominium map was to be revised to
reflect the removal of a temporary second floor located over
the Woodstone Inn's lobby.
5. Three (3) encroachment license agreements approved
by the City Council were to be executed and recorded by the
applicants.
6. All requirements for the condominiumization of
existing lodges were to be met by the applicants and all
agreements were to be approved as to form by the City
Attorney.
Apparently, Mr. Cantrup's proposed sale of the blood-
stone Inn to Mr. Soderling fell through. On June 14, 1982,
the Council approved the assignment of the May 11, 1981,
' Cantrup/Soderling condominiumization approval to Resort
Hotel Development, Inc. (RHD), subject to the same condi-
tions as the original approval. All of the conditions were
subsequently met by RHD following their acquisition of the
' Woodstone Inn. A condominium map, a subdivision exception
' statement, restrictive covenants and a master lease pertain-
ing to the Alpina Haus affordable housing units, a parking
lot lease for the twenty-three parking spaces at the
Continental Inn, and the condominium declarations were
' recorded by RHD on March 11, 1983. These documents are
recorded at Book 14, Page 45, and at Book 441, Pages 789,
794, 803, 811 and 814, respectively, in the office of the
t • •
rPitkin County Clerk and Recorder. The subdivision exception
' statement, which memorialized the conditions of approval, is
attached hereto as Exhibit 1, Appendix B. The Woodstone Inn
condominium map is attached as Exhibit 2, Appendix B.
It should be noted that the three (3) Alpina Haus
affordable housing units, and the twenty-three (23) parking
spaces at the Continental Inn were leased from Mr. Cantrup,
the owner of the properties. The City was a third party
beneficiary to the leases, which were to run for fifty (50)
' and twenty (20) years, respectively. The three (3) en-
croachment license agreements were executed and recorded on
April 30, 1982, apparently prior to the assignment of the
Woodstone Inn condominium approval to Resort Hotel Develop-
ment. The agreements are recorded in the Pitkin County
Clerk and Recorder's office in Book 425 at Pages 907, 913
and 919.
No condominiumized hotel units were ever sold by Resort
Hotel Development, who operated the Woodstone Inn until its
sale to Woodstone Associates in 1984. Upon purchase of the
' property, Woodstone Associates became the successor in
interest to the Woodstone Inn condominium approval and to
the affordable housing and parking lot leases between Mr.
' Cantrup, Resort Hotel Development, and the City. On April
2, 1985, Woodstone Associates entered into an agreement with
the City (see Agreement between Woodstone Associates and the
City of Aspen, Exhibit 3, Appendix B) that amended the
conditions of the May 11, 1981, Woodstone Inn condominium
approval.
The amended conditions were apparently dictated by Mr.
Cantrup's bankruptcy, the acquisition of his properties by
John H. Roberts (d.b.a., Aspen Mountain Joint Venture), and
t e foreclosure of the Alpina Haus by its former owner. As
a result of the foreclosure, the Woodstone Inn's lease of
three (3) affordable housing units at the Alpina Haus was
terminated. The agreement in question, however, permitted
Woodstone Associates to delay the replacement pf the units
until individual condominiumized hotel units were sold. The
agreement also waived the City's requirement for twenty-
three (23) off -site parking spaces. A second agreement was
executed on April 2, 1985, which canceled and released the
Continental Inn parking lot lease (see Cancellation and
Release Agreement, Exhibit 4, Appendix B).
An application to amend the Woodstone Inn condominiumi-
zation approval (Planning Office Case #23A-85) was submitted
by Woodstone Associates on July 25, 1985. The proposed
amendment involved various revisions to several of the
rooms, the relocation of the building's trash storage area
and the on -site affordable housing unit, and other miscella-
neous building improvements. The City Council approved the
application on August 26, 1985, subject to seven (7)
7
conditions (see Planning Office Approval Summary, Exhibit 5,
Appendix B). The conditions of approval can be summarized
as follows.
' 1. A new condominium plat and narrative description
explaining the various amendments was to be recorded.
. 2. A new statement of subdivision exception ::as Lv be
recorded.
' 3. An encroachment license for a proposed new awning
was to be obtained and the agreement recorded.
4. Permission to relocate the on -site affordable
housing unit was conditioned upon the approval of the
Housing Authority and City Council of a new plan for the
four (4) affordable housing units required pursuant to the
original Aoodstone Inn condominiumization approval.
Approval was to be obtained prior to recordation of the
' revised condominium map.
5. Permission to relocate the buildings trash area
was conditioned upon the provision of one (1) new parking
space on -site. The new space was to be approved by the
' Planning office prior to recordation of the revised condo-
minium map.
' 6. Handicapped access was to be provided at the
PP
' building's Spring Street entrance.
9 •
7. All conditions of the May 11, 1981, condominiumiz-
ation approval, and the subsequent agreements pertaining
thereto, were to remain in full force and effect.
A second amendment application (Planning Office Case
#43A-85) was submitted by Woodstone Associates (d.b.a., The
Aspen Club Lodge) on November 12, 1985. This application
requested permission to transfer approximately two thousand
two hundred (2,200) square feet of floor area from the
Anchorage restaurant in the lodge's basement to a new
restaurant to be constructed over the lobby. The existing
Anchorage restaurant would cease to exist, and the basement
area in question would be sealed to prevent further use.
Apparently, subgrade space, with the exception of parking
and storage areas, was included in the calculation of floor
area in 1985. The application again requested permission to
relocate the on -site affordable housing unit, and included
a new proposal to increase its size.
The second application was revised by Woodstone
Associates on November 21, 1985, to substitute an employee
parking area for the area of the basement that had been
proposed to be sealed. As parking was exempt from the
calculation of floor area, the revised request effectively
accomplished the same result as sealing the space from use.
The parking idea apparently originated with the Planning
Office, who was concerned about the ability to preclude
9
future use of the sealed area. A new garage ramp was also
proposed with access to Ute Avenue. The City Council
approved the revised application on December 16, 1985,
subject to four (4) conditions (see Planning Office Approval
Summary, Exhibit 6, Appendix B). The conditions can be
summarized as follows.
1. A portion of the Anchorage restaurant was to be
converted to employee parking or sealed to the satisfaction
of the Planning Office and Building Department. A variance
was to be obtained from the Board of Adjustment for the
parking ramp in the event required.
2. Woodstone Associates was required to complete its
purchase of the airspace above the lobby from the Cantrup
Estate prior to recordation of a revised condominium map.
3. A revised condominium map was to be prepared and
recorded which incorporated the amendments approved on
August 26 and December 16, 1985, prior to issuance of a
Certificate of Occupancy for the relocated restaurant.
4. A new subdivision exception statement was to be
recorded which reflected the August 26 and December 16,
1985, approvals.
On February 19, 1986, Woodstone Associates informed the
Planning Office that they did not intend to follow through
with the condominiumization of the Aspen Club Lodge. As no
10
amended condominium map was to be recorded, Woodstone
Associates believed that their affordable housing require-
ments were null and void. Apparently, they wished to "undo"
the prior condominiumization approval of the Woodstone Inn
and the conditions attendant thereto. This decision is
believed to have been motivated by their need to obtain a
Certificate of Occupanny for the new reStclUr-ant, and the
fact that a revised condominium map and statement of
subdivision exception had not been prepared.
The Planning Office's comments with respect to blood-
stone Associates' position are summarized in a memorandum
from former planner Steve Burstein to Paul Taddune, the City
Attorney (see Exhibit 7, Appendix B). According to the
memorandum, the majority of the conditions of the August 26
and December 16, 1985 approvals had been met. The only
conditions which apparently remained were the requirements
that a revised subdivision exemption statement and condomin-
ium map be prepared and recorded, and that a portion of the
Anchorage restaurant be converted to parking or sealed.
On March 6, 1986, a meeting was held between Woodstone
Associates, the City Attorney, and the Planning Office to
discuss the status of the two approvals. The results of
that meeting are discussed in a memorandum from Steve
Burstein to the Building Department dated March 17, 1986,
(see Exhibit 8, Appendix B) and are summarized below.
11
0
1. The concept of using a portion of the old Anchor-
age restaurant space for employee parking was abandoned.
Instead, the space was to be sealed to the satisfaction of
the Building Department. As a result, a variance from the
Board of adjustment was no longer required.
2. An agreement was to made between Woodstone
Associates and the City which would impose a fine for the
unauthorized use of the sealed area.
3. Woodstone Associates agreed to record a revised
condominium map and subdivision exemption statement with the
understanding that no employee deed restrictions were
required until such time as individual condominium lodge
units were sold. A thirty (30) day temporary Certificate of
Occupancy was to be issued for the new restaurant, during
which time the revised condominium map was to be prepared
and recorded.
The Building Department inspected the sealed space in
the old Anchorage restaurant on April 24, 1986. The Depart-
ment's Building Inspection Checklist indicates that the area
in question was in fact sealed (see Permit #9015, Exhibit 9,
Appendix B). Woodstone Associates' request for a variance
from the Board of Adjustment was withdrawn on March 18,
1986. To the best of the Applicant's knowledge, there is no
record of the recordation of a revised condominium map or
subdivision exception statement. It is also unknown whether
12
an agreement exists between Woodstone Associates and the
City regarding the unauthorized use of the sealed area of
the former Anchorage restaurant.
The August 26 and December 16, 1985 approvals to amend
the original Woodstone Inn condominiumization are believed
to be the last land use approvals obtained by Woodstone
Associates with respect to the Aspen Club Lodge. While most
of the conditions attendant to these two approvals appear to
have been met, a revised condominium map and subdivision
exception statement apparently were never recorded. As no
condominium lodge units have ever been sold, the requirement
that four (4) affordable housing unit be provided as a
condition of condominiumization approval does not appear to
have been triggered.
In summary, the May 11, 1981, condominiumization
approval of the Woodstone Inn appears to be in full force
and effect, except as otherwise modified by the April 2,
1985, Woodstone Associates agreement with the City, and the
August 26 and December 16, 1985, approval amendments. While
a revised condominium map and statement of subdivision
exception apparently were never recorded, this oversight is
most likely insufficient to void the various approvals. As
such approvals normally run with the land, they would appear
to have been transferred to Reinhold Aspen upon their
purchase of the Aspen Club Lodge.
13
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248607
STATEMENT OF EXCEPTION FROM THE
PULL SUBDIVISION PROCESS rOR THE
PURPOSE Or CONDOMINIUMIZATION LORETTABANNER.
PITKIN CI:. P.ECORDER
WHEREAS, the provisions of Section 20-19(r�)Ipf ¢lit �M�83
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II
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Aspen Municipal Code, as amended, provide that, Coll owing receipt
. :
of a recommendation from the Planning Commission, the City
F!
Council may .rent . particul'r .li. Linn cf I.wA inc tea,-; the
division of existing lodge or inn structures, to be used for
,.
condominiums, from the full subdivision process set forth in
Chapter 20 of the Code, when, in the judgment of the City
Council, such division of land meets certain conditions as
eontaired in Section 20-19(a); and
WHEREAS, pursuant to Section 20-19(a) of said Code,
Ronald E. Soderling, Hans B. Cantrup and June Allen Moss Cantrup
Sgg
1 r>7
joirtly requested such an exception for the condominiumization of
k
the Woodstone Inn as the same is situated on the following
I described real propertyt
f
.
1 �
A tract of land situated in the Townsite of Aspen and Ute
Addition, City of Aspen, Colorado, ill lying within the NW4
i� Section 18 Township 10 South, P.ange 84 West of the 6th P.M.
described ns follows:
:
1 Beginning at a point being the Northeast corner of Lot A
Block 107 City and Townsite Aspen
Thence 514.50149'W 100.00 feet along the easterly line of said
Lot A to the southeast corner of Lot A
Thence N75.09'11'W 30.00 feet ilong the southerly line of said
Lot A to the southwest corner of Lot A
-
Thence 514.50'49'W 20.00 feet alonq the o3sterly lines of
`
vacated South Spring Street to the northwest corner of Lot K
f
Block 107 City and Townsite of Aspen
Thence 575•09'11'E 190.00 feet along the northerly line of
Lots K through P and the westerly 10 feet of Lot 0, Block 107,
City and Townsite of Aspen
e
Thence S14'50'49'W 100.00 feet to the southerly line of said
' A't
Block 107, City and Townsite of Aspen
;
Thence N75.09111'W 190.00 feet along the southerly line of
�,.•'%;i
Block 107, City and Townsite of Aspen to the southwest corner
of said block
Thence S14.50'49'W F.42 feet along the rasterly line of vacated
r
South Spring Street to the northerly line of Lot 38 Ute
Addition to the City of Aspen
Thence N74.241W 4.44 feet along the northerly line at Lot 78
Ute Addition to the northwest corner of said Lot 38 Ute
Addition to the City of Aspen
Thence S59.51'el 44.00 feet
Thence N38.42'W 6.48 feet
Thence N14.51'E 107.26 feet
r
Thence N75.09'W 15.71 feet
F
Thence N14.51'E 14.41 feet
Thence N75•09'W 29.82 feet to the westerly line of the easterly
10 feet of Lot S, eloc'< 102, City and Townsite of Aspen
Thence N14.5)'49•E 131.95 feet to the Northerly line of
"
Block 102, City and Townsite of Azpen
�� 7
exjK441
Thence S75*09111*E 116.29 feet along the northerly line of
Blocks 102 and 107, City and Townsite of Aspen to the point
Of
beginning.
County of Pitkin, State of Colorado.
WHEREAS, the Aspen Planning and Zoning Commission
recommended approval of such exception request: and
WHEREAS, the City Council at its meeting held May 11,
1991 has confirmed �"t the proposed condominiumization of the
Woodstone Inn is within the requirements of Section 20-19(a) and
should be excepted ftom the full subdivision processy and
WHEREAS, by Agreement dated June 14, 1982 between the
foregoing Hans S. Cantrup and June Allen Moss Cantrup and Resort
Hotel Development, Inc. (*RHO"), RHO obtained an assignment of
the approval granted by the City Council on May 11, 1981, And
assumed the conditions of same, wh'ch Agreement was approved by
the Aspen City Council on June 14, 19821
THEREFORE, the Aspen City Council, pursuant to Section
20-19(a) of the Aspen Municipal Code, as amended, determined and
declared that the proposed condominiumization of the Woodstone
Inn and the real property above described into individual
condominium units is excepted from the strict requirements of
Chapter 20 of the Aspen municipal Code, subject to the following
conditions to be fulfilled by RHD prior to or simultaneously with
the recordation of any condominiumization documentation relating
to said property:
a. RHO agreeing to provide 21 perking
spaces for use only by the Woodstone Inn and
Anchorage Restaurant. The lease securing
these spaces at the southwest corner of
Durant and Galena Streets, Aspen, ColorAdO,
shall be recorded at the time of
condominiumization and shall run with the
land for a period of not less than 20 years.
iji
b. PRO recording the restrictive covenants
on Unit 121 of the Woodstone Inn And th,
covenant and lease on Units 42, 43, And 44 of
the llpina Haus, 935 East Durant Avenue,
Aspen, Colorado, at the time of
condominiumization to mee- the employee
housing reouiremen t 8 , f RHO fot a term of
50 years.
C. RHD pl3cinq a sign in front if tne
parking area at the southwest coiner if
-2-
rmW ;:._813
Durant and Caleno to designate its use as
?
'
parking for the Woodstone Inn and Anchorage
}
P+sluarant.
�
d. RAD revising the condominium plat to
eliminate the temporary floor assembly which
12presently shown but which has been removed
f •t,
from the Woodstone Inn.
e. RHO executing and recording the three
Encroachment Agreements drafted by the City
of Aspen Engineering Depart.ert.
f. Meeting ell require -at is for the
'
condnwiniu-ization of Existing lodges inter
slia, Section 20-23, Aaeen Municipal Codc, as
�'3+
amended. All agreement- shall be approved a^
r•i::'u
to form by the City Attorney.
EXECUTE) this 17 day of Pebru3cy, 1983.
,y
HERMAN EDEL, MAYnR
.•.
tf�
RATHRYN ROC�ZTY CLERK
APPROVED AS TO FORM:
1.
PaulJ. Tuddune, I
City Attorney
STATE Or COLORADO )
as.
COUNTY OF PITRIN )
The foregoing instrument was duly acknowledged before
k
me this _ day of �p�j/ , 1983, by HERMAN EDEL
S. ROCK, nown to me to be Mayor and
,
and RATHRYN personally
City Clerk of the City of Aspen, Colorado, respectively.
Y.-
Witness my hand and official seal.
N
My commission expires: �'3j *
•
aL
i
-7
NotaryjPubric
Address
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� I
CT Itu 4 "I ""'
AGREEMENT. •
EXHIBIT 3
� I
1 w A10AII
J
THIS AGREEMENT is made this v day of -fiaYgii, 1985,
by and between the CITY OF ASPEN, a Colorado municipal
corporation (the "City") and WOODSTONE ASSOC., a Colorado general
partnership for itself, and as representative for WOODSTONE INN
ASSOCIATION, II.1C., a Colorado non-profit corporation to be formed
(the "Association").
W I T N£ S S E T H
WHEREAS, Woodstone Assoc. is the owner of the Woodstone
Inn Condominiums consisting of the real property described on
Exhibit A, attached hereto and incorporated herein by this
reference:
WHEREAS, pursuant to the condition of
condominiumization approval'for the Woodstone Inn Condominiums
that four (4) units be restricted to use as employee housing
under guidelines of the City of Aspen as lodging for
employees of the Woodstone Inn Condominiums, the Statement of
Exception from the Full Subdivision Process for the urpose of
Condominiumization, ed Feb_ruary 17, 1983, and recorded March
11, 1983 in Book 4 1 Page 811, in the records of Pitkin
County, Colorado provides that Woodstone_Assoc.'s predecessor in
.interest, Resort Hotel Development_,Inc., a Colorado ro�po ar;c�-1
("RHD") shall, as a condition of the City_approving the
condominiumization of the Woodstone Inn, restrict Unit 121 of the
Woodstone Inn, and lease certain units in the Alpina Haus, 935
East Durant Avenue, Aspen, Colorado, for a term of fifty (50)
years, to meet the employee housing requirements of RHD in
connection with said condominiumization of the Woodstone Inn; and
WHEREAS, RHD so restricted Unit 121 of the Woodstone
Inn, and RHD, individually, and as representative of the
Associatior, pursuant to the foregoing employee housing
requirements, entered into that.certain Master Lease Employee
Housing Units dated as of May 18, 1982, and recorded March 11,
.1983, in Book 441 at Page 793 of said records, providing for the
lease of apartments numbered 42, 43,•and 44 located in the Alpina
Haus; and
WHEREAS, Joseph A. Luciani, holder of a deed of trust
encumbering the Alpina Maus, commenced foreclosure of said deed
of trust, received a Public Trustee's Deed to said property and,
having not previously consented to the aforementioned Master
Lease, affirmatively elected not to honor thelMaster Lease and
RHD's and the Association's possessory riglits'thereunder; and
WHEREAS, Woodstone Assoc. and the Association desire to
fulfill the employee }lousing obligations of RHD to the City as
set forth in the aforementioned Statement of Exception by
providing three substitute employee units replacing those: at the
Alpena Haus, an
WHEREAS, pursuant to that certain Agreement for
Settlement of Litigation ("Settlement Agreement") between the
City and the Estate of Hans B. Cantrup and June Cantrup, dated
198'� , approved by the City Council on
1987�, the City llas._agre_Qd in paragraph
5 of the Settl ment Agreement, upon the happening of the events
set forth in paragraph 1 thereof, to "waive the requirement for
twenty-three (23) parking spaces, in addition to those presently
_existing at the I•:oodstone Inn, and to join in the cancellation
and release of record of the r�-lated parking space lease
burdening Lots F, G, and H, Block 91, City andlTownsite of Aspen,
upon the happening of the following: The execution and deliver,
to —the City by the owners of the Woodstone Inn'of an agreement
(in recordable form) to the effect that no individual condominium m
units in the Woodstone Inn will ever be offered for sale, sold1
or..otherwise conveyed, or mortgaged or otherwise encumbered
I until and
unQs the Woodstone owners have ful6complied with
the condominiumization
condition
and requirements that a total of
four (4)
cmp ogees
deed restricted employee
of the Woodstone Inn Condominiums."
housing units be provided for
Said Settlement
'Agreement is incorporated herein by reference.
NOW, THEREFORE, in consideration of the covenants and.
conditions herein the parties hereto hereby agree as follows:
•
i. Woodstone Assoc., individually, and on behalf of
the Association, as an inducement to having the City execute this
Agreement, represents and warrants to the City that neither RHD,
'
Woodstone Assoc., nor the Association has sold, mortgaged,
encumbered, or otherwise conveyed any of the individual
condominium units as of the date of this Agreement. Further, the
Association and Woodstone Assoc. shall not offer for sale, sell,
or otherwise convey, mortgage, or otherwise encumber any
individual units in the Woodstone Inn until and
condominium
unless Woodstone Assoc. and/or the Association has fully complied
with the requirement and condition of condominiumization that a
�1 total of four (4)units be restricted to use as employee housing
units for employees of Woodstone Inn Condominiums.
2. Immediately following the satisfaction of all
three of the conditions contained on Page 6 (and numbered 1(a),
l(b), and l(c)) of the Settlement Agreement, the parties will
each:
- (i) Execute and acknowledge and then together
record a cancellation and release of the above -described parking
lot lease covering Lots F, G, and H, Block 91, City and Townsite
of Aspen. i
(ii) Cause RHD to enter into a stipulaticn of
dismissal in connection with Luciani vs. RHD, Civil Action No.
83-CV-25 with the other parties thereto dismissing with prejudice
said case and the City's cross -claim against RHD and the
Association.
I
3. Woodstone Assoc., for itself, and on behalf of the
Association, acknowledges and agrees that the requirement of four
,_J4) deed restricted emF�lt�y�'p^��G� ��� nibs for employees of the
Woodstone Inn Condominiums is a condition of condominiumization
approval and, therefore, must be satisfied prior to the sale,
conveyance, mortgage, or encumbrance of any individual
condominium units in the Woodstone Inn and further represents to
City that there is no mortgage or encumbrance on the Woodstone
Inn which does not acknowledge said condition.
4. It is understood and agreed that Woodstone Assoc.
may refinance, mortgage, or otherwise encumber, sell or convey
the Woodstone Inn and all condominium units therein as an entire
lodge project and that the restrictions set forth herein on sale,
conveyance, mortgage or encumbrance of individual condominium
units shall apply only to any sale, conveyance, mortgage or
'
encumbrance of any individual condominium unit or of less than
all of the condominium units. Any such sale, conveyance,
mortgage or encumbrance of the Woodstone Inn as an entire project
1
shall, however, be subject to the terms and provisions of this
Agreement.
5.) It is understood and agreed that the required
employee housing units, other_than_KQQodz_t_Qne Inn Unit 121, may be
located either in or outside the Woodstone Inn.. If located in
the on said units shall be in the
the Woodstone Inn, restrictions
same form as described in Paragraph 10.3 of the Condominium
Declaration for Woodstone Inn dated December 30, 1982, and
recorded march 11, 1983, in Book 441 at Page 814, Pitkin County
Clerk and Recorder's office. The employee units, other than
Woodstone Inn Unit 121, unless otherwise agreed to by the City
Council, shall be units not already deed restricted for employee
housing, shall in total consist of a minimum of one thousand one
Un,trzl{5899} = 16Y2`►,frltrll,KJICo•se.lc.,Jow.�.M,i.�,�•�PPnw(
�htS1 -2-
hundred three (1,103) square feet; -may be leased to Woodstone
Assoc. or the Association; and an application shall be submitted
to the City Council for approval of said units as being in
conformance with the rental and price guidelines, qualification
guidelines and occupancy limitations of the City of Aspen. Said
application shall be considered in good faith and in a timely
^ anner and approval thereof shall not be unreasonably withheld.
The restrictions pertaining to any employee units shall be
approved by the City Attorney as to form and shall be free from
all liens and encumbrances or be protected by non -disturbance or
' subordination agreements to that the foreclosure of any such lien
or encumbrance will not result in the disqualification of such
units as employee housing units.
6. This Agreement shall operate as a covenant running
with the real property described in Exhibit A and shall be
binding on the successors of the parties hereto. Further, this
Agreement shall be recorded in the office of the Pitkin County
1 Clerk and Recorder. Upon satisfaction by Woodstone Assoc. of the
requirements and conditions contained herein that a total of four
(4) units be restricted to use as employee housing units for
employees of Woodstone Inn Condominiums, the City will execute
and deliver to Woodstone Assoc. a recordable instrument
evidencing the satisfaction of such requirements and conditions
and releasing the restrictions herein on sale, conveyance,
mortgage, or encumbrance of individual condominium units in the
Woodstone Inn.
IN WITNESS WHEREOF, arties hereto have executed
this Agreement on this day , 1985.
WOODSY �% OC.
r
CITY OF ASPEN, COLORADO
.Charles T. Collins, t'.avor Pro Tem
ATTEST:
VJ
' Kathryn S.'/Koch, City Clerk
STATE OF COORADO )
) ss.
COUNTY OF PITKIN )
The foregoing Agreement was acknowledged before me on
this 28th day of March 1985, by Richard
Butera as President of Woodstone Assoc.
Witness my hand and official seal.
C^r�\t ^ rdG� My commission expires: 11/16/88
J
U�� Notary PubliC—Z
~� Address:101 Lone Pine Rd., 410
Aspen Colorado 81611
-3-
STATE OF COLORADO )
ss.
COUNTY OF PITKIN )
The foregoing greement was acknowledged before me on
this day of i10L(-"_. , 1985, by Charles T. Collins
as Mayor Pro Tem, and Kathryn S. Koch, as City Clerk of the City
of Aspen, Colorado.
Witness my hand and official seal.
My commission expires: ��/��1-7%
Notary Public ( r,
Addre s : /�< ' L// ,�-
t
.
-4-
EXHIBIT A
A tract of land situated in the Townsite of Aspen and Ute
Addition, City of Aspen, Colorado, all lying within the Northwest
1/4 of Section 18, Township 10 South, Range 84 Wept of the 6th
!
P.M., described as follows:
•
Beginning at a point being the Northeast corner of Lot A, Block
107, City and Townsite of Aspen; thence South 14.50'49" West
'
100.00 feet along the Easterly line of said Lot A to the
Southeast corner of Lot A; thence North 75*09111" West 30.00 feet
along the Southerly line of said Lot A to the Southwest corner of
Lot A; thence South 14050149" West 20.00 feet along the Easterly
line of vacated South Spring Street to the Northwest corner of
Lot K, Block 107, City and Townsite of Aspen; thence South
75.09'11" East 190.00 feet along the Northerly line of Lots K
through P and the Westerly 10 feet of Lot Q, Block 107, City and
Townsite of Aspen; thence South 14050'49" West 100.00 feet to the
Southerly line of said Rlock 107, City and Townsite of Aspen;
thence North 75009111" West 190.00 feet along the Southerly line
of Block 107, City and Townsite of Aspen, to the Southwest corner
of said Block 107; thence South 14*50149" West 6.42 feet along
the Easterly line of vacated South Spring Street to the Northerly
line of Lot 38, Ute Addition to the City of Aspen; thence North
74.24' West 4.44 feet along the Northerly line of Lot 38, Ute
Addition to the Northwest corner of said Lot 38, Ute Addition to
the City of Aspen; thence South 59°51' West 44.00 feet; thence
1
North 38042' West 63.08 feet to the Southwest corner of the
Easterly 10 feet of Lot S, Block 102, City and Townsite of Aspen;
thence North 14050149" East 220.00 feet to the Northerly line of
Block 102, City and Townsite of Aspen; thence South 75°09'il"
East 116.29 feet along the Northerly line of Blocks 102 and 107,
City and Townsite of Aspen to the Point of Beginning;
TOGETHER WITH 3 non-exclusive licenses to encroach upon public
rights -of -way as contained in 3 Encroachment License Agreements,
all dated April 30, 1982, recorded April 30, 1982 in,
respectively, Book 425 at Page 907; Book 425 at Page 913; and
Book 425 at Page 919;
'
TOGETHER WITH a perpetual non-exclusive easement for ingress and
egress as established by
that certain Short Form Easement
Agreement dated as of April 1, 1976, recorded April 25, 1977, in
Book 327 at Page 777;
County of Pitkin, State of Colorado.
1
-5-
and parking have been tabulated and are summarized in Table
2, below.
Table 2
Existing conditions
Aspen Club Lodge
1.
Existing Lodge Rooms
91
First Floor
31
Second Floor
42
Third Floor
18
2.
Existing External Floor Area (Sq. Ft.)
48,740
Basement'
1,420
First Floor
18,770
Second Floor
19,960
Third Floor
7,570
Roof2
1,020
3.
Existing Internal Floor Area (Sq. Ft.)
44,280
Lodge Rental Space
29,910
Non -Unit Space
11,100
Other
3,270
4.
Existing Open Space (Sq. Ft.)
1,385
5.
Existing Parking
41
Surface
18
Subgrade Parking Garage
23
1
Includes that portion of the basement which is not one
hundred (100) percent below grade.
2
Includes the area under the roof overhang which is
greater than three (3) feet in depth.
3
Non -unit space is limited to the floor
area within the
lodge that is commonly shared by the
public such as
lobbies, hallways, stairways, dining and recreational
areas, etc.
4
Includes non-public areas such as storage, mechanical,
office, kitchen, etc. Does not include
roof overhangs.
23
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•
Six (6) new rooms will be constructed in the existing second
floor restaurant area and the airspace above the lobby. Ten
(10) existing rooms will be deleted from the first floor
while one (1) room will be deleted from the second floor.
The twenty-four (24) existing rooms located on the third
floor of the east wing will be reconfigured to provide
twelve (12) new suites. Additional doors will also be
installed between various guest rooms to permit them to be
rented as suites. All rooms will be extensively redeco-
rated.
i
With respect to non -unit space, the lodge's restaurant
will be relocated to the existing bar/lounge area. Two (2)
adjacent lodge rooms will be reconfigured to supplement the
restaurant area. The existing kitchen will be relocated to
the basement, and a galley will be provided adjacent to the
new dinning room. The existing bar will be removed and a
new bar to serve the restaurant, outdoor pool and terrace
area will be constructed adjacent to the lobby.
i
A new conference room will be constructed in the
existing excavated area beneath the terrace. The conference
room will include full media capability, and will be
accessible to the lobby via a new reception area and
connecting stairway. New guest and staff support spaces
will be constructed under the existing south terrace and the
new pool. These spaces will include new ski lockers, a ski
1 30
1 tuning area, men's and women's spas, and offices, lockers
and a lounge for the staff.
The lodge's external floor area is projected to
decrease slightly as a result of the proposed remodel,
thereby reducing the extent of the building's present non-
conformity. This can be attributed primarily to the removal
of a portion of the building's roof overhangs which present-
ly are counted for floor area purposes. The building's
basic volume, however, will remain virtually unchanged.
IWith respect to the lodge's internal floor area, the
proposed
lodge rental
space will remain the same, while non -
unit space will increase slightly. The building's total
internal
floor area
after renovation, however, will not
increase.
It should
be noted that the lodge's existing and
tproposed
internal floor
areas are less than its external
floor area. This apparent inconsistency reflects the
exclusion of the building's roof overhangs from the internal
floor area calculations. No changes in the Aspen Club
Lodge's open space or on -site parking are anticipated as a
result of the proposed renovation.
Table 3
Proposed Conditions
Aspen Club Lodge
1. Proposed Lodge Rooms 74
First Floor 21
Second Floor 33
Third Floor 20
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•
2. Proposed External Floor Area (Sq. Ft.) 47,940
Basement' 1,420
First Floor 15,530
Second Floor 21,200
Third Floor 8,490
Roof 1,300
3. Proposed Internal Floor Area (Sq. Ft.) 44,280
Lodge Rental Space 29,910
Non -Unit Space 11,470
Other'
4. Proposed Open Space (Sq. Ft.) 1,385
5. Proposed Parking 41
Surface 18
Subgrade Parking Garage 23
t
2
3
Includes that portion of the basement which is not one
hundred (100) percent below grade.
Non -unit space is limited to the floor area within the
lodge that is commonly shared by the public such as
lobbies, hallways, stairways, dining and recreational
areas, etc.
Non-public areas such as storage, mechanical, office,
kitchen, etc. Does not include roof overhangs.
Outdoor amenities will include a roof -top deck with spa
tub, a new swimming pool, and an improved terrace. The
existing swimming pool will be removed and a new pool
installed further to the east to provide a more useable
terrace and to give bathers access to the new basement spa
areas. The lodge's existing facade will be completely
renovated to replace the building's skin and balcony
balustrades with new wood siding and shingles. The facade's
profile will also be altered to include the addition of
32
gable dormers and other minor extensions to the existing
flat roof system.
V. REVIEW REQUIREMENTS
The Applicant's proposed renovation of the Aspen Club
Lodge is subject to the receipt of subdivision exemption
approval. vpgi-pa n -cperty rig,`,ts staLu5 for the required
approval is also requested. Each of these review require-
ments is discussed below.
A. Subdivision Exemption
Pursuant to Section 7-1007.C.2. of the Land Use
Regulations, any modification of a condominiumized lodge,
and the condominium documents governing the condominiumiz-
ation (i.e., condominium map and declaration), is subject to
the review and approval of the City Council. Applications
to modify a prior approval are processed as a subdivision
exemption pursuant to the provisions of Section 7-1003.A.3.
of the Regulations.
Section 7-1007.A.2. establishes the basic criteria for
the condominiumization of lodges. Since the Aspen Club
Lodge has already been condominiumized (i.e., the May 11,
1981 Woodstone Inn condominiumization approval, as modified
by the April 2, 1985 Woodstone Associates agreement with the
City, and the August 26 and December 16, 1985, amendment
approvals), no further review under these criteria would
33
• •
appear to be required. As Section 7-1007.C.2. contains no
specific standards for an amendment to an existing condom-
iniumization approval, the review criteria can be assumed to
be limited to the following considerations.
1. The proposed amendment's compliance with the
conditions of the original condominiumization approval.
2. The proposed amendment's compliance with the
dimensional requirements of the underlying zone district.
As discussed previously, all conditions of the original
Woodstone Inn condominiumization approval, and the various
iamendments thereto, have essentially been met or are no
longer applicable. While a revised condominium map and
subdivision exception statement apparently were not recorded
in connection with Woodstone Associates' August 26 and
December 16, 1985, approvals, this omission can be rectified
by the recordation of a new map by the Applicant upon
substantial completion of the renovation. A new condominium
map would be desirable to reflect the Aspen Club Lodge's new
ownership and to establish a new baseline condition for the
configuration of the lodge. A new subdivision exception
statement would not appear to be required as condominiumiza-
tion amendments are now processed as a subdivision exemp-
tion. The provision of four (4) affordable housing units
would also not appear to be required until the actual sale
of the condominium lodge units occurs.
34
1
With respect to the proposed renovation's compliance
with the dimensional requirements of the L/TR zone district,
no increase in the Aspen Club Lodge's existing non -conformi-
ties is anticipated. In fact, the lodge's external floor
area is projected to decrease, thereby reducing the extent
of this non -conformity. Similarly, the lodge's on -site
par::i,-,y regaiiemerit will also aecrease due to the proposed
reduction in the number of guest rooms. As a detailed
zoning analysis of the proposed renovation will occur prior
to issuance of a building permit, no further review with
respect to dimensional requirements would appear to be
'
required at this time.
B. Vested Property Rights
In order to preserve the land use approval which
this the
may be obtained as a result of application,
Applicant hereby requests vested property rights status
pursuant to the provisions of Section 6-207 of the Land Use
'
Regulations. It is understood by the Applicant that, to
establish such status, final approval of the requested
subdivision exemption must be granted by ordinance of the
City Council. It is also the Applicant's understanding that
no specific submission requirements, or review criteria
other than a public hearing, are required to confer such
status.
1 35
• 0
APPENDIX A
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0 EXHIBIT 1
CITY OF ASPEN
PRE -A ICATION CONFERENCE SUMMARY
I
PROJECT:
APPLICANT'S REPRESENTATIVE:
REPRESENTATIVE'S PHONE:
OWNER'S NAME•
SUMMARY
1. Type of Application:
2. Describe action/type of devel pment being requested:
3. Areas is which Applicant has been requested to respond, types
of reports requested:
Policy Area/
Referral Agent Comments
4. Review is: (P&Z Only) �Onl (P&Z then to CC)
5. Public Hearing: (YES) �(NO)
6. Number of copies of the application to be submitted:
,�-4
7. What fee was applicant requested to submit: Or
8. Anticipated date of submission d., -z ,- .
� c
9 COMMENTS /UNI UE CONCERNS:
frm. pre_app
• 0
EXHIBIT 2
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ISSUED BY
® Commonwealth. POLICY NUMBER
Land Title Insurance Company 12 S— 0 3 4 1 5 b OWNER'S POLICY OF TITLE INSURANCE
CWV1
SUBJECT TO THE EXCLUSIONS FROM COVERAGE, THE EXCEPTIONS FROM COVERAGE CONTAINED IN SCHEDULE B
AND THE CONDITIONS AND STIPULATIONS, COMMONWEALTH LAND TITLE INSURANCE COMPANY, a Pennsylvania
corporation, herein called the Company, insures, as of Date of Policy shown in Schedule A, against loss or damage, not exceeding the Amount
of Insurance stated in Schedule A, sustained or incurred by the insured by reason of:
1. Title to the estate or interest described in Schedule A being vested other than as stated therein;
2. Any defect in or lien or encumbrance on the title;
3. Unmarketability of the title;
4. Lack of a right of access to and from the land.
The Company will also pay the costs, attorneys' fees and expenses incurred in defense of the title, as insured, but only to the extent provided
in the Conditions and Stipulations.
IN WITNESS WHEREOF, COMMONWEALTH LAND TITLE INSURANCE COMPANY has caused its corporate name and seal to be
hereunto affixed by its duly authorized officers, the Policy to become valid when countersigned by an authorized officer or agent of the
Company.
Attest:
COMMONWEALTH LAND TITLE INSURANCE COMPANY
�PNp11T(F�yJ'
z
w � �
EXCLUSIONS FROM COVERAGE
The following matters are expressly excluded from the coverage of this policy and the Company will not pay loss or damage, costs, attorneys'
fees or expenses which arise by reason of:
1. (a) Any law, ordinance or governmental regulation (including but not limited to building and zoning laws, ordinances, or regulations)
restricting, regulating, prohibiting or relating to (i) the occupancy, use, or enjoyment of the land; (ii) the character, dimensions or location of
any improvement now or hereafter erected on the land; (iii) a separation in ownership or a change in the dimensions or area of the land or
any parcel of which the land is or was a part; or (iv) environmental protection, or the effect of any violation of these laws, ordinances or
governmental regulations, except to the extent that a notice of the enforcement thereof or a notice of a defect, lien or encumbrance resulting
from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy.
(b) Any governmental police power not excluded by (a) above, except to the extent that a notice of the exercise thereof or a notice of a
defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date
of Policy.
2. Rights of eminent domain unless notice of the exercise thereof has been recorded in the public records at Date of Policy, but not excluding
from coverage any taking which has occurred prior to Date of Policy which would be binding on the rights of a purchaser for value without
knowledge.
3. Defects, liens, encumbrances, adverse claims or other matters:
(a) created, suffered, assumed or agreed to by the insured claimant;
(b) not known to the Company, not recorded in the public records at Date of Policy, but known to the insured claimant and not disclosed
in writing to the Company by the insured claimant prior to the date the insured claimant became an insured under this policy;
(c) resulting in no loss or damage to the insured claimant;
(d) attaching or created subsequent to Date of Policy; or
(e) resulting in loss or damage which would not have been sustained if the insured claimant had paid value for the estate or interest insured
by this policy.
NM t
American Land Title Association Owner's Policy (10-21-87)
Face Page
C..-- 1 4 A 4 _n
Af;FI,ITR f nn. y
Valid Only If Schedule A, B and Cover Are Attached
' 0 •
Commonwealth.
Land Title Insurance Company
o per.
1
SCHEDULE A -OWNER'S POLICY
USE NUMBER DATE OF POLICY AMOUNT OF INSURANCE POLICY NUMBER
PCT-5358 5/9/91 @ 1:36 P.M. $ 11,375,000.00 128-034756
1. NAME OF INSURED:
IREINHOLD ASPEN INCORPORATED, A COLORADO CORPORATION
t- THE ESTATE OR INTEREST IN THE LAND HEREIN AND WHICH IS COVERED BY THIS POLICY IS:
IN FEE SIMPLE
13. THE ESTATE OR INTEREST REFERRED TO HEREIN IS AT DATE OF POLICY VESTED IN:
I
REINHOLD ASPEN INCORPORATED, A COLORADO CORPORATION
4. THE LAND REFERRED TO IN THIS POLICY IS DESCRIBED AS FOLLOWS:
PLEASE REFER TO EXHIBIT "A" ATTACHED HERETO AND MADE A PART HEREOF.
1
PITKIN COUNTY TITLE, INC.
601 E. HOPKINS AVE.
C ntersigned Authorized Agent ASPEN, COLORADO 81611
(303) 925-1766
THE POLICY NUMBER SHOWN ON THIS SCHEDULE MUST AGREE WITH THE PREPRINTED NUMBER ON THE
COVER SHEET.
I
1 0
1PCommonwealth.
Land Title Insurance Company
1
POLICY NO. 128-034756
itASE NO. PCT-5358
EXHIBIT "A"
LEGAL DESCRIPTION
0
tOODSTONE INN CONDOMINIUMS. according to the Condominium Map thereof recorded March 11,
1983 in Plat Book 14 at Pages 45 through 49, inclusive, at Reception No. 248609 and as
ICfurther defined and described in the Condominium Declaration for Woodstone Inn
ondominiums recorded March 11, 1983 in Book 441 at Page 814 at Reception No. 248608.
'together with:
A non-exclusive easement and right of way for the purpose of ingress and egress over and
across that certain parcel described in Log Form Easement Agreement unrecorded, notice
Hof which is given by Short Form Easement Agreement recorded May 17, 1963 in Book 202 at
page 343.
and
Easements for encroachments as set forth in Encroachment License Agreements recorded
April 30, 1982 in Book 425 at Page 907, in Book 425 at Page 913, in Book 425 at Page 919
'and recorded November 13, 1985 in Book 498 at Page 909.
COUNTY OF PITKIN,
TATE OF COLORADO.
1
1
1 • 0
Commonwealth.
Land Title Insurance Company
SCHEDULE B-OWNERS
USE NUMBER DATE OF POLICY POLICY NUMBER
PCT-5358 5/9/91 @ 1:36 P.M. 128-034756
1
THIS POLICY DOES NOT INSURE AGAINST LOSS OR DAMAGE BY REASON OF THE FOLLOWING:
Rights or claims of parties in possession not shown by the public records.
Easements, or claims of easements, not shown by the public records.
Discrepancies, conflicts in boundary lines, shortage in area, encroachments, and any
facts which a correct survey and inspection of the premises would disclose and which
are not shown by the public records.
Any lien, or right to a lien, for services, labor, or material heretofore or hereto -
after furnished, imposed by law and not shown by the public records.
Unpatented mining claims, reservations or exceptions in patents or in Acts authoriz-
ing the issuance thereof; water rights, claims or title to water.
6. Taxes for the year 1991 not yet due or payable.
�. Terms, conditions and reservations of or conveyance of mineral rights as set forth
in Deed recorded March 30, 1890 in Book 92 at Page 35, and in Deed recorded May 13,
1891 in Book 92 at Page 104, and in Deed recorded June 10, 1891 in Book 98 at Page
' 497.
8. Reservations of an easement for the use, operation, construction and maintenance of
public utilities to be placed underground and overhead, including, but not
exclusively, power and telephone lines, water lines, gas mains, sewer mains and
other utilities easements of a like nature, but excluding roads and surface
easements as set forth in Ordinance 12 (Series of 1961), City of Aspen recorded
' February 16, 1962 in Book 196 at Page 521.
9. Easement granted to H.S. Bornefeld, Jr. and George P. Kitchell, as more fully set
forth in Deed recorded May 17, 1963 in Book 202 at Page 343.
10. Covenants, conditions and restrictions as set forth in Agreement between Glory Hole
Owners and City of Aspen, recorded March 15, 1977 in Book 325 at Page 939.
11. Terms, conditions and obligations as set forth in Short Form Easement Agreement
recorded April 25, 1977 in Book 327 at Page 777.
�12. Terms, conditions and obligations as set forth in Statement of Exception From Full
Subdivision recorded March 11, 1983 in Book 441 at Page 811.
�13. Terms, conditions, obligations, easements and restrictions as contained in the
Condominium Declaration for Woodstone Inn Condominiums recorded March 11, 1983 in
Book 441 at Page 814.
-----CONTINUED-----
V
1PCommonwealth.
Land Title Insurance Company
1
tALICY NO. 128-034756
SE NO. PCT-5358
ICHEDULE B-OWNERS --EXCEPTIONS--CONTINUED--
14. Terms, conditions and restrictions as contained in Encroachment License Agreements
between The Citv of Aspen and Hans B. Cantrup and June M. Cantrup, recorded April
30, 1982 in Book 425 at Page 907, in Book 425 at Page 913, in Book 425 at Page 919,
and between The City of Aspen and T. Richard Butera recorded November 13, 1985 in
Book 498 at Page 909.
15. A.
1
Encroachment License Agreement for encroachment of stone wall located on the
Westerly corner of Ute Ave at S. Spring St., as recorded in Book 425 at Page
919.
Encroachment License Agreement for S. Spring St. as recorded in Book 498 at Page
909.
C. Encroachment License Agreement for wall located along sidewalk on E. Durant
Ave. recorded in Book 425 at Page 907.
D. Encroachment License Agreement for curb located in Alley Block 107 as recorded
in Book 425 at Page 913.
E. Encroachment Easement of stairwell and swimming pool located along the Westerly
corner of Ute Ave., located behind stone wall.
�6. Terms, conditions, provisions and obligations as set forth in Agreement by and
between the City of Aspen, a Colorado Municipal Corporation and Woodstone Assoc.,
recorded April 10, 1985 in Book 484 at Page 444.
17. Covenants and restrictions as contained in instrument recorded February 12, 1988 in
Book 556 at Page 886 and recorded March 30, 1988 in Book 559 at Page 909 and
recorded March 30, 1988 in Book 559 at Page 911.
18. Deed of Trust from : REINHOLD ASPEN INCORPORATED, A COLORADO CORPORATION
To the Public Trustee of Pitkin County
For the use of COMPTOIR des ENTREPRENEURS
To secure $17,000,000.00 CSTIV,
Dated MAY 9, 1991
' Recorded MAY 9, 1991 IN BOOK 645 AT PAGE 942
Reception No. 332535
NOTE: Security interest under the Uniform Commercial Code affecting the subject
property, notice of which is given by Financing State from Reinhold Aspen
Incorporated, Debtors, to Comptoir Des Entrepreneurs, Secured Party, Filed May
9, 1991 in Book 645 at Page 974, at Reception No. 332536.
EXCEPTIONS NUMBERED 1, 2, 3 & 4 ARE HEREBY OMITTED.
0
Commonwealth.
Land Title Insurance Company
I
ENDORSEMENT FORM 100.29
•
TTACHED TO AND MADE A PART OF COMMONWEALTH LAND TITLE INSURANCE COMPANY
0. 128-034756 PCT-5358
The Company insures the Insured against loss which the Insured shall sustain by reason
f damage to existing improvements. including lawns, shrubbery or trees, resulting from
the exercise of any right to use the surface of said land for the extraction or
development of the minerals excepted from the description of said land or shown as a
reservation in Schedule B.
CAL
11
'This endorsement is made a part of the policy or commitment and is subject to all the
terms and provisions thereof and of any prior endorsements thereto. Except to the extent
expressly stated, it neither modifies any of the terms and provisions of the policy or
commitment and prior endorsements, if any, nor does extend the effective date of the
policy or commitment and prior endorsements or increase the face amount thereof.
IN WITNESS WHEREOF, the Company has caused this Endorsement to be signed and sealed and
' to be valid when countersigned by an authorized officer or agent of the Company, all in
accordance with its By -Laws.
ISSUED AT PITKIN COUNTY TITLE, INC., 601 E. HOPKINS AVE., ASPEN, COLORADO 81611
COUNTERSIGNS
4HO2RIZED OFF MROR AGENT
DATED: 5/9/91 @ 1:36 P.M.
I
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ueffihold = ,Aspen
EXHIBIT 3
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HAND DELIVERED
Ms. Leslie Lamont
Aspen/Pitkin Planning Office
130 South Galena Street
Aspen, Colorado 81611
June 25, 1991
Re: Permission to Represent
Dear Ms. Lamont,
Please consider this letter authorization for Sunny Vann of Vann Associates, Inc.,
Planning Consultants, to represent us in the processing of our application to
renovate the Aspen Club Lodge. Mr Vann is hereby authorized to act on our behalf
with respect to all matters reasonably pertaining to the aforementioned application.
Should you have any questions, or if we can be of any further assistance, please do
not hesitate to call.
Sincerely,
REINHOLD ASPEN
C�
Authorized Representative j
709 East Durant. Aspen. Colorado S1C11 303/925-C7CC Faxr303/925-C77S
APPENDIX B
i
EXHIBIT 4
CANCELLATION AND RELEASE AGREEMENT
Nor%
THIS CANCELLATION AND RELEASE AGREEMENT is made this 2 day
'
of /70/G , 1985, by and between ASPEN MOUNTAIN JOINT VENTURE,
'
a Colorado joint venture ("Aspen Mountain"), THE CITY OF ASPEN
'
COLORADO, a Colorado municipal corporation ("City"), and
WOODST014E ASSOC., a Colorado general partnership ("Woodstone"),
individually and as representative for WOODSTONE INN ASSOCIATION,
INC., a Colorado non-profit corporation.
W I T N E S S E T H
WHEREAS, Aspen Mountain is the successor in interest to
Hans B. Cantrup with respect to the fee simple ownership of
Lots F, G and H, Block 91, Original Aspen Townsite, City of
Pitkin County, Colorado ("Property"); and
IAspen,
WHEREAS, Woodstone is the successor in interest to Resort
Hotel Development, Inc., a Colorado corporation, with respect to
the fee simple
ownership of the Woodstone inn and as such is the
successor in interest to Resort Hotel Development, Inc.'s lease-
hold estate in the Property under that certain Parking Lot Lease
("Lease") dated May 18, 1982•with Hans B. Cantrup and June Allen
'
Moss Cantrup, as lessors, recorded on March 11, 1983 in Book 441
at page 803, Pitkin County, Colorado records; and
R
WHEREAS, The City has agreed to waives the requirement for
y„b'
AtA
twenty-three (23) parking spaces on the Property for use by
guests of the woodstone Inn and to join in the cancellation and
release of the Lease which presently burdens the Property upon
the execution and delivery to the City by Woodstone of an agree-
ment to the effect that no individual condominium units in the
Woodstone Inn will ever be offered for sale, or sold or otherwise
conveyed, or mortgaged or otherwise encumbered until and unless
the owners of the Woodstone Inn have fully complied with the con-
,
dominiumization condition and requirement that a total of four
V
(4) deed restricted employee housing units be provided for
employees of Woodstoine Inn Condominiums; and
I
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WHEREAS, Woodstone has provided the City with such an agree-
ment and the City is now willing to waive the requirement for
twenty-three (23) parking spaces on the Property and, as a
result, Woodstone and Aspen Mountain are desirous of cancelling
and releasing the Lease.
NOW, THEREFORE, in consideration of the covenants and condi-
tions contained herein the parties hereto hereby agree as fol-
lows:
1. Aspen Mountain and Woodstone hereby cancel and release
the Lease as it burdens the Property and agree that said Lease
shall hereafter have no further force or effect.
2. City hereby consents to and joins in the cancellation
and release of the Lease as provided in paragraph 1, above.
3. This Agreement may be executed in multiple counterparts
by the parties hereto which when taken together shall constitute
one document.
IN WITNESS WHEREOF, the parties hereto have executed this
Agreement as of the day and year first above written.
AMJV: ASPEN MOUNTAIN JOINT VENTURE,
a Colorado joint venture
BY: John H. Roberts
Jri•, n urer
`Q ' B .G..
James D1. Holbrook as hi
Attorney -in -Fact 61
AND BY: Roberts Aspen Properties, Inc.
a Texas corporation,
Venturer
By:
/P'resident
WOODSTONE ASSOC., a' Colorado
general partnership, individually
and as representative for the
Woodstone Inn Association, Inc., a
Colorado Non-Profit,Corporation
By
l
T. Richard Butera,
General Partner
-2-
� /� • • EXHIBIT 5
wOODSTONE PLAT AMENDMENT
/8/26/85,.City Council approved the Woodstone Plat Amendment. The
following amendments to the Woodstone condominiumization plat subject
to the conditions listed below.
1. Expand Room 127 from 240 s.f. to 375 s.f. by extending into
Room 100 (Office space) .
2. Expand Room 137 from 239 s.q. to 450 s.f. by extending into
Unit 100 (Office space)'
3. Expand Room 202 from 268 s.f. to 600 s.f. by extending into
Unit 100 (Storage space).
4. Expand Room 252 from 224 s.f. to 269 s.f. by extending into
Unit 100 (Covered walkway) .
5. Expand Room 302 from 268 s.f. to 445 s.f. by extending into
Unit 100 (storage space).
' 6. Construction of a hallway with glassed -in air lock from lobby to
the east wing.
7. Construction of a hallway from lobby to the west wing.
8. Znstaltra new ancewa toing on the curbthe western of Spring Streetance extending from
the entranceway
9. Change the deed -restricted employee unit from Room 121 to
Room 232 (see Condition 14).
10. Remove the existing trash storage area on the west side of
the building, replacing it with flower box, moving trash storage
areawhereto betrashtweill sbebaememovednto for ndaily pick-up trash (sees condition
#5)
Subject to the following conditions:
1. ment shall be submitted which conforms
A Final Plat Amend20-15, including specifically,
the requirements of Section
corrections to the deficiencies noted in the Engineering Depart-
ment's memorandum and per verbal discussion shall written narrative
explaining each of the .sue amendments
d as
part of the Plat Amendment.
' 2. The applicant shall submit a Statement of Subdivision Exception
through the City Attorney's Office.
ned
3 . Encroachment for the Spring Street awning shall be obtatha
prior to recordation of the amended Plat. In the event that
' encroachment is not granted, then Amendment 8 shall not be
approved.
�4. The employee housing deed -restriction shall only be changed
is given by the Housing
from Room 121 to Room 232 if approvalee units that
Authority and by City Council for the four employee for the
are obligations attached 1 °must beo obtained Priorhe wodstone inn.
recordation
employee housing proposal
C. plat,
of the existing 5. The amendment for the removal iting trash storage
area, moving trash storage to basement and designating a new
trash pick-up area in the Durant Street parking lot shall be
' here on
approved if a new parkin(, s, 3 can be created planelsening
office.
the Woodstone Inn site that satisfioffies cePl 'sapproval prior
The applicant must obtain Planning approval
to recordation of the plat. In the evthat such
is not given, then amendment 10 is not approved.
6.. )The applicant shall provide handicapped access at the Spring
Street entrance.
7. Nothing in this approval shall be construed to reduce the
owner's obligation made by the original approval of condomi-
' niumization and all subsequent agreements.
Representations that were made brthe applicant (Dick Butera)
' 1. The applicant expects to spend $450,000 on the entire renovation.
2. One of the major changes which will occur entirely within
' the common area (Unit 100) , and therefore does not require a
plat amendment, is to switch the lobby and bar areas around.
3. It may be possible to cut down the landscaped area in the
rear of the Woodstone in order to create one parking space.
4. If Amendment 10 is allowed (trash pick up area in parking
lot) it should not cause the complete loss of a parking space.
Applicant agreed with Planning office that the parking arrange-
ment is very tight. It had been designed poorly in the first
place. And the applicant will study the situation further to
determine the net effect of a chance prior to bringing a proposal
to the Planning Office (pursuant to Condition A5).
EXHIBIT 6
' WOODSTONE CONDOMINIUMIZATION PLAT AMENDMENT
'
3 in favor, 1
On December 16, 1985 City Council approved the request
(counted
opposed, to
reorganize 2,223 square feet of existing floor area
and transferring 2,145
'
FAR) from
the current Anchorage Restaurant
level restaurant above the
sq. ft. of
this space to a new mezzanine
building,
subject to the following conditions:
1.
The Anchorage Restaurant shall be reconstructed as an
FAR. The
employee parking area so as not to count against
from the Board of
applicant must apply for a variance
of the parking
'
Adjustment for the open space encroachment
a building permit.
ramp/cover prior to the issuance of
Certificate Of Occupancy for the
'
Prior to the issuance of a
mezzanine restaurant, approval by the Board of Adjustment
the Board denies the
or, in the event that
must be obtained
a to definitively seal up the space from FAR
request, plan
with appropriate legal provisions for enforcement must
'
use
be approved by the Planning Office and Building Department.
2.
The sale of the airspace above the lobby to Woodstone
of the plat.
Associates shall be finalized prior to recordation
3.
A final Condominiumization Plat Amendment shall be submitted
prior to Certificate of Occupancy containing all changes
16, 1985 and
'
approved on August 26, 1985, and on December
20-15 of the
shall conform to the requirements of Section
Municipal Code.
4.
The applicant shall submit prior to Certificate of Occupancy
City
a Statement of Subdivision Exception through the
'
Attorney"s Office.
S B . 5 1
EXHIBIT 7
MEMORANDUM
TO: Paul Taddune, City Attorney
FROM: Steve, Burstein, Planning Office
RE: Woodstone (Aspen Club Lodge) Condominiumization Plat
DATE: February 25, 1986
The purpose of this memorandum is to clarify the status of the
conditions of approval given by Council for Woodstone (Aspen Club
Lodge) Condominiumization Plat amendments on August 26, 1985 and
December 16, 1985. Most of the conditions of approval were to be
met prior to the recordation of the condominiumization plat.
Dick Butera's present intention is to not condominiumize the
Woodstone and therein avoid compliance with certain conditions of
approval. The key conditions Mr. Butera would like to avoid are
the necessity of filing a plat amendment prior to the issuance of
a Certificate of Occupancy and deed restricting employee housing.
We need to determine what further action is needed. I suggest
that we look at the following possible actions relating to
this situation:
'
1. Consider vacation of the plat of record,
2. Require follow-through with the recordation of the plat
'
and all conditions attached to it,
3. Consider amending the conditions of approval, or
4. Create an ad -hoc agreement between the City and the
owner to ensure that the conditions of approval which
mitigate impacts from the project that are most important
'
to the City's interest are met.
Each of these alternatives is evaluated below:
'
1. It appears that vacation of the Woodstone Condominium map
could be accomplished through resubdivision. Based on
Section 20-4(a) of the Municipal Code, condominiumization is
a resubdivision activity. To rejoin all condominium units
'
into a single parcel would be a resubdivision activity and
handled procedurally as a subdivision exception.
The main loss to the City from this approach would be the
employee housing commitment. One on -site unit and four
units in the Cortina Lodge have been approved to meet the
'
bloodstone's employee housing obligation set through condomin-
iumization. This change effects the Cortina condominiumization
1 0-) 0 ___�
1
proj ect . The condominium declaration of covenants would
need to reflect the absence of these deed -restricted units
associated with the Woodstone. However, the entire Cortina
Lodge was to be deed -restricted as a low income employee
domitory; and units not associated with either the Jerome or
Woodstone would be reserved for future employee housing
obligation. The Woodstone vacation would not cause the
Cortina employee housing project to be disolved if Mr. Butera
proceeds with that condominiumization and deed -restric-
tion as approved.
'
The off -site parkin4 requirerent fcr 23 parking spaces set
as a condition of the original condominiumization approval
has been waived in an April 2, 1985 agreement. On -site
parking would be effected if the applicant does not implement
the parking plan approved through the August 26, 1985
amendments, potentially increasing the Woodstone's non-
conformity regarding on -site parking requirements (see
discussion of Condition #5 below).
Other conditions of approval have been met, and so would not
'
appear to be effected by subdivision vacation. However, the
City has no assurance that such features as the handicapped
access and trash storage pick-up arrangements are not changed.
'
2. Recordation of the plat would be the cleanest and most
desireable alternative, now set in place by City approvals
to occur. It allows the City to address prior to plat
recordation and issuance of a Certificate of Occupancy,
parking, FAR transfer and the other conditions attached to
'
the August 26 and December 16, 1965 approvals. We could
also address the mezzanine restaurant deck question posed by
the Aspen Alps Homeowner's Association.
3. One possible amendment to the conditions of approval is to
delete the requirement that prior to issuance of a Certificate
of Occupancy the condominiumization plat must be recorded.
The effect of this is to allow the condominium plat is
linger on in limbo; other than that no harm would result
to the City.
4. In the event that the plat was vacated (Alternative #1) , it
would be desireable to make an agreement concerning on -site
parking plans, trash and handicapped access and possibly
employee housing to ensure that these matters are handled to
'
the City's satisfaction.
Discussed below are the pertinent conditions attached to Council's
approvals of the Woodstone Plat amendments. Council approved the
requested plat amendment on August 26, 1985 subject to the seven
conditions listed on the attachment. I have the following
comments and concerns:
Condition #3: The awning encroachment license was granted
1-
1
1
1
1
1
1
1
1
1
1
i
1
1
1
1
1
1
by Council and the awning has been constructed.
Condition 1r4: The Cortina Lodge employee housing project
has been approved including Units 1, 9, 10 and 17 for
Woodstone employees; however, no Cortina condominiumization
plat nor deed restrictions have been recorded and no deed -
restriction has been filed on Room 232 of the Woodstone to
my knowledge. The employee commitment originated with the
Soderling Subdivision Exception, approved May 11, 1981 and
has been reaffirmed throughout all subsequent agreements
between the City and the owner of the Woodstone.
The April 2, 1985 agreement between Woodstone Associates and
the City of Aspen states "...the four (4) deed -restricted
employee housing units for employees of the Woodstone Inn
Condominium is a condition of condominiumization approval,
and therefore, must be satisfied prior to the sale, conveyance,
mortgage, or encumbrance of any individual condominium units
in the Woodstone Inn..."
It appears that since approval of the Cortina employee housing
units for Woodstone employees has been accomplished, then no
further action (i.e., deed -restriction) is required before the
final condominiumization plat can be recorded. The units must
be deed -restricted, however, before the sale, conveyance,
mortgage or encumbrance of individual condominium units.
Condition 45: The Planning Office and Engineering Department
have approved a new parking plan submitted by Jim Colombo
showing 66 spaces that included a new parking space in an
area that had landscaping. The landscaping rocks have been
removed and a new space created. The existing trash area
has also been removed. The Woodstone's parking is still
non -conforming. Section 24-4.5 of the Municipal Code calls
for 1 space per bedroom (92 spaces) and 4 spaces per 1,000
square feet for other uses (8 spaces for the restaurant) , a
total of 100 spaces for this facility. It appears that the
City should still be working with the owner to remedy this
situation (see Condition #1 of the December 16 approval).
Condition #6: The handicapped access on Spring Street has
been constructed.
On December 16, 1985 City Council approved a plat amendment
to reorganize 2,223 square feet of basement floor area from
the Anchorage Restaurant to the new mezzanine level Aspen Club
Lodge Cafe, consisting of 2,145 square feet. Comments on those
conditions of approval are as follows:
Condition #1: The owners must still appear in front of the
Board of Adjustment to apply for an open space variance for
the parking ramp. This meeting has been postponed until
March 20, 1986. The applicant cannot obtain a Certificate
of Occupancy for the mezzanine restaurant until approval
from the Board of Adjustment is obtained or, in the event of
' denial, a plan to close the Anchorage Restaurant space is
approved by the Planning Office and Building Department.
Any change in this condition should be approved by Council.
Condition 43: This condition clearly requires that the
amended plat be submitted prior to a Certificate of Occupancy
for all changes approved in the two meetings of Council.
' The issue of FAR transfer must be resolved prior to the
recordation of the plat. Virtually all of the other conditions
of approval appear to have already been met. Employee
housing can be dealt with after plat recordation, given the
Cortina approval, and need not hold up recordation. For
these reasons, this condition of approval should be retained.
' Condition 44: The Statement of Subdivision Exception must
also be submitted prior to a Certificate of Occupancy.
' In conclusion, I believe that the applicant should follow through
with the recordation of the condominium plat. Approval from the
Board of Adjustments for the open space variance and Council
' approval of the mezzanine deck must be obtained prior to the plat
recordation. There appear to be no other issues needing resolution
before the plat can be resolved. The plat would finalize a
fairly complicated set of proceedings that otherwise may become
more confusing if much time passes. It would also enable the
owner to sell condominium units after deed -restriction of employee
housing, and result in less delay when he desires to do so.
If Mr. Butera wishes to vacate the Woodstone Condominiumization
plat, then an agreement covering parking, trash area and handicapped
access would be desireable.
A temporary Certificate of Occupancy could be issued for a period
of no more than 60 days to allow the applicant time to obtain these
approvals and prepare the final plat. The temporary Certificate
of Occupancy should be revoked after 60 days if the plat is not
recorded.
cc: Alan Richman
Jim Wilson
Bill Drueding
SB.nec.26
EXHIBIT 8
' MEMORANDUM
TO: Jim Wilson, Chief Building Official
Bill Drueding, Zoning Official
FROM: Steve Burstein, Planning Office
' RE: Woodstone/Aspen Club Lodge FAR Exemption of Basement Space
DATE: March 17, 1986
In a meeting with Alan Richman, Paul Taddune, Dick Butera, Jim
' Colombo and myself held on March 6, 1986, the transfer of FAR
space and other matters concerning building and zoning code
enforcement were discussed. The results of the meeting are as
' follows:
1. The Planning Office is satisfied if the 2,223 square
' feet of the former Anchorage Restaurant is (a) closed
off through removal of natural light and ventilation,
and all mechanical systems such as plumbing and heating
such that it does not meet the Uniform Building Code
' definition of habitable space, and (b) is not used
for storage or any other use in the C-1 zone district
which would count as FAR (i.e., it is totally dead
' space). This arrangement, which appears to be preferred
by the owner over the parking area proposal, can be
made to the Building Department's satisfaction in the
' absence of the Board of Adjustment meetings.
2. The Planning Office recommends that a perdiem fine
for violation of this closure, as proposed by Dick
' Butera on several occasions, be included in an agreement
with the owner.
' 3. Mr. Butera agreed to complete the condominiumization
plat with the understanding that no employee deed -
restriction are necessary until the time of sale of any
unit. The Planning Office recommends that a temporary
Certificate of Occupancy be issued for 30 days as
suggested by Mr. Butera, to allow for completion and
filing of the plat.
' cc: Paul Taddune, City Attorney
1 0 0
1
1
1
1
ASPEN6PI N REC31ONAL BUILDIN- =PARTMENT
506 East Mein 6tree� Aspen, Colorado 81611 303/926-5973
EXHIBIT 9
` BUILDING INSPECTION CHECK LIST I�
Inennrfinn , Rnincnartinn Partial Complete Permit No.
V
Steel Electric Plumbing Heating Building
Footings
Temp
Underground
Rough
Frame
Cassions
Underground
Waste & Vent
Flue
Insul,
Wall
Swim Pool
Water Pipe
F. P. Flue
Drywall
Struct. Slabs
Rough
Gas
Glass Door
Special
Damp Proof
Service
Final
Combust. Air
Mobile Home
Four-lnsul.
Final
Final
Final
Found. Drain
Stove Type
Zoning
FIRE LIFE & SAFETY
Stove #
Accepted --,—/-- Rejected Reinspection Fee $30.00 Yes No I No. Bdrms.
(You are ordered to make the following corrections on the construction which is now in progress at the address below)
G--A-1 L1D AAln !z G C�Q S6 D 6Fr
C--ctr ;m •• C�lb �
Rz en CSC-�--
Kitchen Tub Shower Lay. W.C. Ice W. Bar Tub/Shower Jacuzzi
Bidit Hose Bib LaundryAuto Washer Hot Tub D.W.
r� City County Time of Arrival '/6 Time of Departure��
Address I Du, a (\-+ Phone Work 11 Home:
Subdivision Request Rec'd ��g '
Time
Contractor ^ Request for. M. T. W P2'-'
FR A M. P.M. Time
Owner
>? r o Inspected Date.Inspec
Rev. 1 /85 y i