HomeMy WebLinkAboutresolution.apz.060-00 RESOLUTION OF THE ASPEN PLANNING AND ZONING COMMISSION
APPROVING A CONDITIONAL USE AMENDMENT REGARDING OWNER
OCCUPANCY OF INDIVIDUAL UNITS FOR THE L'AUBERGE LODGE, 435
WEST MAIN STREET, LOTS A-I, BLOCK 38, CITY AND TOWNSITE OF
ASPEN.
Parcel No. 2735.124.50.053
Resolution No. 00 - 60
WHEREAS, the Community Development Department received an apPlication
from ALH Holding Company - Gunnison, a Colorado Corporation; owner of the
L'Augberge D'Aspen located at 435 West Main Street, Aspen, Colorado, for an
amendment to the conditional use approvai granted by the City of Aspen, pursuant to
Planning and Zoning Commission Resolution 95-41, to set forth the manner in which
owners of individual lodge un/ts can occupancy their unit; and,
WHEREAS, pursuant to Planning and Zoning Commission Resolution No.95-41,
substantial changes in the manner in which the property operate as a lodge are required to
be reviewed as an amendment to the conditional use approval and may be approved by
the Planning and Zoning Commission pursuant to the criteria and procedures of
conditional use review, Chapter 26.425 and the City of Aspen Land Use Code; and,
WHEREAS, the Community Development DirectOr reviewed this application
pursuant to the review criteria set forth in Chapter 26.425 and recommended the Planning
and Zoning Commission not approve the amendment to the approved conditional use;
and,
WHEREAS, during a duly noticed public hearing on November 14, 2000, the
Planning and Zoning Commission considered the recommendation made by the
Community Development Director and comments from the general public and approved,
with conditions, by a four to zero (4-0) vote, the conditional use amendment regarding the
manner in which owners of individual lodge units may occupy their units.
NOW, THEREFORE BE IT RESOLVED by the Commission:
The conditional use for the ' ' - -
L Auberge D Aspen lodge operataon as hereby amended to
permit owners of individual lodge units to occupy their unit such that each unit remains
available to the general public for short-term occupancy periods at least six months of
each calendar year, subject to the following conditions: -~
1. The general public includes all persons with no ownership interest in the property.
Unit owners are not considered the general public for the purposes of this
conditional use amendment.
2. The applicant shall provide a copy of the condominium declarations and a standard
sales contract to the City of Aspen COmmunity Development Department and said
documents shall clearly identify this six-month owner occupancy provision, require
amendments to the condominium declaration regarding this provision to be
oo_ o I IIIIII IIIII IIIIII IIIIII IIII IIII IIIIIII III IIIII IIII IIII
449998 1.2/27/2000 04:01.P RE$OLUT! DRVIS SILV!
I of' 2 R 1.0.00 D 0.00 N 0,00 PZTK!N COUNTY CO
reviewed by the City of Aspen, and shall Permit the owners association to enforce
the six month owner occupancy provision.
3. The L'Auberge D'Aspen Condominium Owners Association shall diligently
enforce the six-month provision on their own and upon written request by the City
of Aspen.
4. The six month owner occupancy provision shall apply only to the lodge units,
identified as "cabin units" on the condominium plat, and shall not apply to the
single family home located at the comer of Fourth and Main Streets, identified as
"house" on the condominium plat. The house shall operate consistent with
regulations that apply generally to single-family houses.
5. The applicant shall record this Planning and Zoning Resolution with the Pitkin
County Clerk and Recorder located in the Courthouse plaza Building. There is a
per page recordation fee. In the alternative, the applicant may pay this fee to the
City Clerk who will record the resolution.
6. All material representations made by the applicant in the application and during
public meetings with the Planning and Zoning Commission shall be adhered to and
considered conditions of approval, unless otherwise amended by other conditions.
7. The condominium declarations shall describe the term "available," as used in the
requirement that tm/ts be available to the general public, as meaning rental rates
consistent with the market.
APPROVED by the Commission at its regular meeting on November 21, 2000
APPROVED AS TO FORM: PLANNING AND ZONING
COMMISSION:
City Attorney Robert Blaich, Chair ~
ATTEST:
PZ R~so. No. 00-60 Page2 I IIIIII IIIII IIIIII IIIIII IIII IIII IIIIIII III IIIII IIII IIII
449990 12/27/2000 04:01P RESOLUT! DI~VIS SlLV!
2 o~' 2 R 10.00 D 0.00 N 0.00 PZTKt'N COUNTY CO