HomeMy WebLinkAboutcoa.lu.ec.232 W Hyman-Coachlight Subd.73-80
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CASELOAO SUMMARY SHEET
City of Aspen
1. DATE SUBMITTED: \ LP.{W STAFF: '\'fA,:,"-.
2. APPLICANT: ~1,\ \-,\C(\}{itn
3. REPRESENTATIVE: GlctoCA ICMAflv4;")
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6. TYPE OF APPLICATION:
____Stream Margin
____8040 Greenline
____View Pl ane
____Conditional Use
____Other
Rezoning
P.U.D.
Special Review
Growth Management
HPC
'/.. Subdivision
~Excepti on
Exemption
70:30
Residential Bonus
(.>i!(~\\;~'-- 11)-2<
7. REFERRALS:
-...L Attorney
')( Engineering Dept.
'I.. Housing
~ater
____City Electric
Sanitation District School District
Fire Marshal Rocky Mtn. Nat. Gas
Parks ____State Highway Dept.
Holy Cross Electric ____Other
Mountai n Be 11
8. REVIEW REQUIREMENTS:
I
9. DISPOSITION:
P & z J Approved J
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Denied
Date
1,.... ""n'
Revision of the condominium plat prior to recording
of the final plat to meet the comments stated by the.
Engineering Department in their memo dated December 30,
1980.
3.
Provision of information to the City Attorney prior
to review by City Council that an a9reement has been
reached regarding the encroachment of the adjacent
building on the lodge property.
Documentation prior to review by City Council that
the employee unit being provided at the lodge will
be under group ownership of the condominium associa-
tion and will not be sold separately.
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2.
4. Clarification prior to review by City Council of the
number of pillows rather than units which are being
reserved for employee use.
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Council J Approved y/ Denied Date :)'" ,7-', \0~ I
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10. ROUTING:
/Attorney
~Uilding
~gineering
Other
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MEMORANDUM
TO: Aspen City Council
FROM: Alan Richman, Planning Office
RE: Coachlight Chalet Subdivision Exception (Lodge Condominiumization and
Reconstruction)
DATE: January 16, 1981
Zoning:
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R-6 Resident
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Location:
Lots K, L, M and N, southwe corner of Block 53, City and
Townsite of Aspen (232 West Hyman at Second)
Lot Size:
12,000 square feet
This application is for subdivision exception to permit
waiver of conceptual plan review by City Council and pre-
liminary plat review by P & Z. Applicant requests condo-
miniumization of a new lodge structure on the site of the
Coachlight Chalet which would contain eleven studio units,
one three-bedroom apartment, two employee housing units and
a guest lobby. Such condominiumization is allowed under the
provisions of Section 20-33 of the Municipal Code. The intent
of this recent amendment to the Code is to encourage improve-
ments to lodges which may be either nonconforming structures
or uses while also:
Applicant
Request:
retaining the units in the short-term rental market;
providing at a minimum two pillows of employee housing
or that amount provided in the previous 3 years;
providing on-site management and maintenance services
consistent in quality and quantity to those available
during high season in the previous 3 years; and
- maintaining the existing common areas of the lodge
in a manner consistent with its previous character.
In addition, the reconstruction of the lodge, as defined in
Section 24-12.10 concerning lodge preservation, must meet
the area and bulk requirements of the underlying district,
may not increase the number of units or square footage nor
change the use to a lower or less restrictive classification.
Applicant
Proposal:
The existing building consists of 7887 square feet including
12 short-term rental units, no common lobby area and only
9 parking spaces. The proposed replacement structure consists
of 7713 square feet and will provide the same number of
short-term rental units (though in a different mix of
studios versus apartments) plus two designated employee
units. The new lodge will also include an office-lobby
common area and 14 parking spaces, These improvements
are projected to cost the applicant approximately $925,000,
and will upgrade the lodge in accord with the intent of the
Code. The applicant has also agreed to meet the other
stipulations of Section 20-23 regarding short-term rental
of the units, employee housing and on-site services, as
described in the attached Lodge Condominium Declaration
and Affidavit of Lodge Services.
The Engineering Department has reviewed the condominium
map and finds it to be adequate for the purposes of applica-
tion for subdivision exception. However, in their memo
dated December 30, 1980, attached for your review, several
comments are made regarding information which should be
added to the condominium map prior to recording of the final
plat, In addition, the following comment is also offered:
Engineering
Department's
Comments:
Memo: Coachlight Chal~subdivision Exception (Lodge c~ominiumization and
Reconstruction)
Page Two
January 16, 1981
Housing
Director's
Comments:
clarification is needed of the encroachment of the
adjacent house on Lot 0 on the lodge property on Lot N.
The Attorney's memorandum of December 19, 1980, attached for
your review, states that the applicant has met the intent
of Section 20-23 of the Code, Subsequent verbal comments
indicate, however, that the applicant should designate that
services are contracted on a twenty-four hour basis. In
addition, the applicant should designate the number of
pillows and not units that will be provided to meet the
employee housing requirement of the Code.
The Housing Office comments that the employee units being
provided at the lodge should be clearly under the group
ownership of the condominium association and should be
restricted sothat they may not be sold separately. The
attached memorandum from the Housing Office dated
December 29, 1980 provides further detail for your review.
Attorney's
Comments:
Planning
Office
Review:
The Planning Office has found that the application does
not meet the provisions of Section 24-12.10 concerning
lodge preservation in that the current lodge contains 12 short-
term rental units and one employee unit while the proposed
reconstructed lodge would consist of 12 short-term rental
units and two employee units. Section 24-12.10 provides
that no increase in the number of units is allowed as a
result of lodge reconstruction. The applicant has indi-
cated that it was the intention to meet the provisions
of Ordinance 50, series of 1980 (attached for your review)
which specifically allows for the addition of employee
units to nonconforming lodges. However, since that
ordinance is still pending final reading by Council, the
applicant agreed to eliminate the second employee unit
for the time being and to return with a conditional use
application for the extra unit at such time as Ordinance 50
becomes part of the Municip~l Code. We have attached a copy
of a letter to the City Attorney stating that the applicant
has agreed to eliminate that unit.
Planning
Office
Recommendation:
The Planning Office recommends approval of the applicant's
request for subdivision exception for the purposes of lodge
condominiumization and reconstruction, Said approval is
to be subject, however, to the following conditions:
1. Revision of the condominium plat prior to recording
of the final plat to meet the comments stated by the
Engineering Department in their memo dated December 30,
1980.
2. Provision of information to the City Attorney prior
to review by City Council that an agreement has been
reached regarding the encroachment of the adjacent
building on the lodge property,
3. Documentation prior to review by City Council that
the employee unit being provided at the lodge will
be under group ownership of the condominium associa-
tion and will not be sold separately.
4. Clarification prior to review by City Council of the
number of pillows rather than units which are being
reserved for employee use,
P& Z Action:
At its regular meeting on January 6, 1981 the Aspen
Planning and Zoning Commission recommended approval of
the applicant's request for subdivision exception. P & Z
concurred with the four conditions listed under the Planning
Office recommendation and added one additional condition.
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Memo: Coachlight Chalet Subdivision
Reconstruction)
Page Three
January 16, 1981
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Exception (Lodge Condominiumization and
The concern of P & Z was that the new lobby area as
proposed would be unable to provide breakfast and infor-
mational services equivalent to those at the current lodge"
The resulting fifth condition was added as follows:
5. Revision of the condominium plat to designate the
available additional space for common lobby area prior
to review by City Council. Said space should be
adequate in size to provide services similar in
quality to those currently provided at the lodge.
Council Action:
In response to the conditions recommended by P & Z, the
applicant has submitted a condominium plat which meets the
comments stated in the Engineering Department's memorandum
of December 30, 1980 and which substantially enlarges the
size of the lobby area. The applicant has also submitted
evidence that an encroachment agreement has been in effect
concerning the boundary of Lot N since 1957, The appli-
cant has submitted a letter indicating that at this point
in time, the request is only for approval of one unit with
two employee pillows and that following final approval of
Ordinance 50, series of 1980, a request will be made for
approval of a second unit containing two additional
employee pillows. Finally, the applicant has submitted a
letter documenting that the employee unit being provided
at the lodge will be under group ownership of the condo-
minium association and will not be sold separately,
Should Council concur with the Planning Office and P & Z's
recommendation, the appropriate motion is as follows:
"1 move to except the Coachlight Chalet from full compliance
with the subdivision regulations for purposes of lodge
condominiumization."
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APPLICATION FOR CONDOMINIUMIZATION
OF AN EXISTING LODGE
Pursuant to S20-23 of the Municipal Code of the City of
Aspen (Ordinance 14-series of 1980) Mary McCarten (hereinafter
referred to as "applicant") hereby applies for approval from
the City of Aspen for her plan to condominiumize the lodge
on certain real property situate in the City of Aspen described
as Lots K, L, M and N, Block 53, City and Townsite of Aspen,
Pitkin County, Colorado, known as The Coachlight Chalet, 232
West Hyman, Aspen, Colorado.
A. ATTACHMENTS
Attached to the application are the following exhibits:-
1. Copy of Title Insurance Policy showing proof
of ownership.
2. Architectural plans for proposed improvements
containing contemplated site inventory for the property, and
survey of the property.
3. Draft of proposed condominium declaration
language required by S20-23 (a) (1).
4. Affidavit of applicant concerning services as
required by S20-23 (a) (3).
B. OWNERS' USE RESTRICTION
Applicant agrees to restrict the owner's personal use
of the condominium units as per the requirements of S20-23
(a) (1) (a), (b) and (c) as is specified in paragraphs 1, 2
and 3 of the proposed condominium declaration language'
attached hereto as Exhibit 4.
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C.
EMPLOYEE HOUSING
The lOdge now provides housing for two (2) maids.
Applicant agrees to provide two (2) employee housing units
which together shall contain a total of at least four (4)
pillows in the new structure and shall permanently designate
such as employee housing.
D. SERVICES AND MANAGEMENT
Applicant agrees to provide on-site management and
maintenance and other tourist accomodation services consistent
in quality and quantity to those provided during the high
seasons for the three (3) years previous to the time of
application. The services provided by the lodge for the
three (3) years previous are set forth in the affidavit
attached hereto as Exhibit 5. Applicant agrees the lodge
shall continue to provide on-site management from 8:00 a.m.
until 10:00 p.m. during the high season.
E. TOURIST MARKET
Applicant agrees the condominium units shall remain
available to the general tourist market. In order to assure
these units do remain available to the general tourist
market, applicant has provided for the fourteen (14) day
owner's personal use restriction in the condominium documents
as is required in S20-23 of the Municipal Code. In addition,
the lodge will continue its membership in the Aspen Chamber
of Commerce, Aspen Central Reservations and will advertise
in the Rocky Mountain News.
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F. COMMON AREAS
In the past, the lodge has not had an established
common lobby area, however, applicant, in the new structure
plans to provide an office-lobby common area.
G. CAPITAL IMPROVEMENTS
The Coachlight Chalet as it presently exists contains a
mix variety of guest units described on the site-inventory
for the property, Applicant intends to remove the existing
structure and replace it with a new structure containing
eleven (11) identical studio units, one (I) three-bedroom unit
apartment, two (2) employee housing units, and a small guest
lobby as is described on the architectural plans submitted
herewith. The employee housing units will be permanently
designated in the condominium declaration and on the condominium
map as employee housing as per the requirements of S20-23 of
the Municipal Code. Parking will be provided as required by
the City Zoning Code. These improvements are projected to
cost applicant approximately $925,000.00.
These contemplated improvements will dramatically
improve the character and quality of the lodge in accordance
with the intent and spirit of S20-23 of the Municipal Code.
H. ECONOMIC CHARACTER OF CLIENTELE
The lodge typically serves moderate range clientele.
Applicant requests this application for condominiumization
of a lodge be presented before the Planning and Zoning
Commission at it next regularly scheduled meeting.
Dated this
day of November, 1980.
LAW OFFICES OF GIDEON KAUFMAN
'~d ~
Gl eon K man
Attorney for Applicant
611 West Main Street
Aspen, Colorado 81611
(303) 925-8166
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EXHIBIT 3
LANGUAGE FOR
LODGE CONDOMINIUM DECLARATION
1. Personal Use Restriction. An owner's personal _
use of his unit shall be restricted to fourteen (14) days or
less during the seasonal period of December 18 - March 20.
This seasonal period is hereinafter referred to as "high
season". "Owner's personal use" shall be defined as owner
occupancy of a unit or occupancy of,a unit by a nonpaying
guest of the owner or taking the unit off the rental market
during high season for any reason other than necessary
repairs which cannot be postponed or which make the unit
unrentable. This-restriction shall not preclude the occupancy
of the unit by a lodge manager or staff employed by the
lodge. This restriction has been imposed by the City of
Aspen and is not included to benefit the declarant but
rather to continue a use deemed necessary by the City of
Aspen.
2. Assessment for Violation of Personal Use Restriction.
A violation of the owner's -personal use restriction by a
unit owner as such personal use restriction as defined in
11
above, shall subject the owner to a daily assessment
by the association of three (3) times the daily rental rate
for the unit as such rental rate is at the time of the
violation. This assessment shall be due and owing from the
time of violation. The assessment, when paid, shall be
deposited in the general funds of the condominium association
and shall be used to upgrade and repair the common elements
of the condominium. All sums assessed against an owner for
violation of an owner's personal use restriction and unpaid
shall constitute a lien for the benefit of the condominium
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association on that owner's unit, which lien may be evidenced
by written notice placed of record in the office of the
Clerk and Recorder of pitkin County, Colorado, and may be
collected by foreclosure on an owner's condominium unit by
the association in like manner as a mortgage or deed of
trust on real property. In the event the association fails
to enforce the owner's personal use restriction, the City of
Aspen shall have the right to enforce the restriction by the
assessment, lien and right of foreclosure provided for
herein. In the event the City enforces the restriction, the
City shall be entitled to the funds collected as a result of
the assessment for the violation. In the event of litigation
resulting from the enforcement of this personal use restriction,
as part of its reward to the prevailing party, the court
shall award such party its court costs together with reasonable
attorney's fees incurred.
3. Annual Report to City. The City of Aspen shall
have the right to require from the association an annual
report of owner's personal use during high season for all
the condominium units.
4. Employee unit. unit
of the condominium
shall be utilized only for use as employee housing, as such
is defined and regulated by the City of Aspen Housing Authority.
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EXHIBIT 4
AFFIDAVIT
OF
LODGE SERVICES
STATE OF COLORADO
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COUNTY OF PITKIN
1. I, MARY McCARTEN, the affiant hereunder am the
owner of the Coachlight Chalet located at 232 West Hyman,
Aspen, Colorado and described as Lots K, L, M and N, Block
53, City and Townsite of Aspen, Pitkin County, Colorado,
2. The lodge now has a small studio unit with a bath
and kitchen and two (2) single beds and provides housing for
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two (2) maids. The new structure to be built on the property
will provide housing for at least four (4) employees.
3. The lodge has provided on-site management in the
past during the winter season and will continue to provide
such on-site management.
4. During the high season, a simple breakfast has
been provided to the lodge rooms and shall continue to be
provided.
5. There has not been an established office or front
desk for the Coachlight Chalet. A small area in one (1) of
the apartments has been used to register guests. In the new
structure there will be an office-lobby area which will be
used for check-in of the guests.
6. The lodge does not provide any transportation
service.
7. Check-in is with the on-site management from 8:00
a.m. until 10:00 p.m. during the high season. After 10:00
p.m. written directions and keys are left for the guests and
guests are formally registered the next morning.
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8. There is a pool with a jacuzzi at the lodge. A
sauna is proposed for the future structure in addition to
the pool and jacuzzi which will remain. Telephones have not
been in the rooms in the past but are planned for the future
structure. Several of the present units have cable television
and the proposed future building color cable television with
HBO will be installed in each unit.
9. All electrical, plumbing, services of appliances
and t.v. are done by professional persons hired by the lodge
on a contract basis. Pool and jacuzzi maintenance, ground-
keeping, painting and other light chores are done by the
lodge owner, in-house staff or professional persons hired by
the lodge on a contract basis.
10. The lodge is affiliated with Aspen Central Reservations
and advertises in the Rocky Mountain News. I am a member of
the Aspen Chamber of Commerce.
I, the undersigned affiant, have executed this affidavit
on this
day of
, 1980.
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;~(f~ -;dl (CC/&: ,
MA Y MARTEN
STATE OF COLORADO
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COUNTY OF PITKIN
Acknowledged, subscribed and sworn to before me this
day of , 1980, by MARY McCARTEN.
Witness my hand and official seal.
My commission expires:
Notary Public
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130 s
MEMORANDUM
DATE: December 19, 1980
TO, Alan Richman
FROM: Bob Edmondson
RE: Coachlight Lodge Subdivision Exception
The condominium declaration provides for adequate
(I) personal use restriction
(2) Assessment for violation
(3) annual report
The affidavit provides
(I) four pillows of employee housing
(2) on-site management during winter
(3) on-call services
Also a plan is presented for upgrading the lodge. The
adequacy of this plan is determined by the City Council
on 30% of assessed value. The application provides for
proof of ownership.
BE:mc
PEN
MEMORANDUM
DATE: December 29, 1980
TO:
Allan Richman, Planning O::Jfi ~
Jim Reents, Housing OffiCe '
Coachlight Lodge Condomin~ . ion
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FROM:'
RE:
The only comment this office cares to make is that the
employee units should be clearly under the group owner-
ship of the condominium association and should be restricted
so that they may not be sold separately. The City Attorney
should work out the appropriate language.
JR:mc
,
130 s
MEMO
To: Alan Richman, Planning Office ~
From: Fritz Bruggemeier, Engineering Department .~~
Re: Coachlight Lodge Subdivision Exception (Condominiumization and
Reconstruction)
Date: December 30, 1980
Having reviewed the condominium map and made a site inspection of
the above subdivision exception, the Engineering Department has
the following comments:
1. On sheet 2,(the site improvements survey), there is
no indication of the basis of the bearings.
2. A water meter should be installed and location of
water main indicated on site improvement survey.
3. Clarification is needed of the encroachment on Lot N
of the house on the adjacent Lot O.
4. Adjacent Lot should be indicated.
5. The zoning district should be indicated on the condominium
map.
6. Common and limited elements should be indicated.
7. Elevations of floors and ceilings should be shown on the
elevation views.
8. The final condominium map must be made of reproducible mylar
with a certificate showing approval by the City Engineer,
a certificate showing approval by the Planning Commission,
a certificate showing approval of the plat and acceptance
of dedications and easements (if any) by the City Council
with signature by the Mayor, a certificate of filing for
the pitkin County Clerk and Recorder, and attestation by
the City Clerk.
The above comments must be reconciled prior to recording of the final
plat.
LAW OFFICES
GIDEON I. KAUFMAN
BOX 10001
611 WEST MAIN STREET
ASPEN. COLORADO 81611
GIDEON I. KAUFMAN
TELEPHONE
AREA CODE 303
925.B' 66
DAVID G. EISENSTEIN
December 31, 1980
Robert Edmundson
City Attorney
430 East Main Street
Aspen, Colorado 81611
Re: Coachlight Lodge Condominiumization
Dear Bobby:
Pursuant to our telephone conversation, I write this
letter to clarify a number of points in the Coachlight Lodge
Condominiumization application, The applicant will contract
for 24 hour service as required by the Ordinance. In
addition, for the past three (3) years, the applicant has
run the lodge in the same manner as has been enumerated in
the affidavit and will continue to run the lodge, once
condominiumized, in that same manner.
Because of the City's failure to adopt on second reading
Ordinance 50, which allows additional employee housing in
basements of non-conforming lodges, my client will be forced
to come in at a later time to seek approval for her additional
employee unit. It is my understanding that additional employee
units in the basement of non-conforming lodges are desired by
the City Council and Planning and Zoning Commission and the
only reason we are not able at this time to secure such approval
is because of potential litigation problems between the City
and Mr. Cantrup. I have been assured that as soon as the
litigation has been resolved, the Ordinance will pass and my
client will be able to add an additional unit to the basement
of her lodge.
If my interpretation of the situation is not correct,
please let me know. Otherwise, I will look forward to hearing
from you as soon as a resolution has been reached with Mr.
Cantrup and the Ordinance adopted.
Robert Edmundson
City Attorney
December 31, 1980
Page 2,
If you need any more information, please feel free to
contact me.
Very truly yours,
~
Gideon Kaufman
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POLICY NO. 0 1 300/266
77-05-68
oUcy 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 inspec-
tion 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 theretofore or hereafter furnished. imposed by law and not shown
by the public records.
ii
The lien of all taxes and assessments for year 1977, and thereafter.
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Easement 2 feet inside Easterly boundary of Lot N of subject property as granted
" in deed recorded August 23, 1957 in Book 182 at Page 282.
Terms, conditions and obligations as set forth in Certificate of License between
the City of Aspen and John Eymere recorded September 3, 1976 in Book 316 at Page 262.
Any tax, assessments, fees or charges by reason of the i~clusion of the subject
property in Aspen Fire Protection District, Aspen Sanitation District, Aspen
Street Improvement District and Aspen Valley Hospital District.
Deed of Trust from Mary McCarten to the Public Trustee of Pitkin County, Colorado,
for use of John Eymere and Wilhelmina Eymere, to secure $310,000.00, dated June.___,
1977 and recorded June 17, 1977 in Book 330 at Page 620.
AMERICAN LAND TITLE ASSOCIATION OWNER'S POLICY. FORM B 1970 AMENDED 10.17.70
1"0T'l:l.l 1j< lG'O"f $c~61.liL. 1; i71'ff:J77,r,ll
Y(r."]\; lY. (0:..) s:;.....i:.ob-a~~ ..l.. :;>r.JI('.,.:";-o1ti:
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'iie No. or GF 77-05-68
Date of Policy: June 20, 1977
at 8:00 A.M.
POLICY NO.
o
1
304266
~MOUNT $385,000.00
I. Name of Insured:
lIJARY McCARTEN
1. The estate or interest in the land described herein and which is covered by this policy is: (a fee, a leasehold. etc.)
Fee simple
l. The estate or interest referred to herein is at Date of Policy vested in:
The insured named above
.. The land referred to in this policy is described as follows:
Lots K, L, M and N,
Block 53
CITY AND TOWNSITE OF ASPEN
Pitkin County, Colorado
Aspen
USLIFE TITLE INSURANCE Company of Dallas
1301' Main Street
Dallas, Texas 75202
AMERICAN LAND TITLE ASSOCIATION OWNER'S POLICY. FORM B 1970 AMENDED 10-17-70
y~ Uot '(;G.:) $--.jt.t,~',).:,,~ _~, ;;.",)1':'';:'-,1>1.
LAW OFFICES
GIDEON I. KAUFMAN
BOX 10001
611 WEST MAIN STREET
ASPEN, COLORADO 8161 1
DAVID G. EISENSTEIN
January 16, 1981
TELEPHONE
AREA CODE 303
92S-8166
GIDEON I. KAUFMAN
Alan Richman
City of Aspen Planning Office
130 South Galena Street
Aspen, Colorado 81611
Re: Coachlight Condominiumization
Dear Alan,
Pursuant to our conversation, I write this letter
to clarify a number of points concerning the Coachlight
Lodge Condominiumization application. Please be advised
that the employee units required pursuant to the Lodge
Condominiumization Ordinance will be held in fee title by
the condominium association and the condominium documents
will preclude their separate sale. Mary agrees to provide
a minimum of two (2) employee pillows and will designate
any employee units that are approved.
If you have any additional questions, please feel
free to contact me.
Very truly yours,
fi/~
Gideon Kaufman
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.RADFORD PUBLISHING CO.. DI!NVVI
RECORD OF PROCEEDINGS
ORDINANCE NO, ~()
(Series of 1980)
AN ORDINANCE AMENDING ARTICLE XIII OF CHAPTER 24 OF TilE MUNICIPAL
CODE OF THE CITY OF ASPEN BY TIlC ADOPTION OF A NEW SECTION 13 ,11
WHICH ALLOWS TilE EllLARGEMENT, EXTENSION, CONSTRUCTION,
RECONSTRUCTION, OR STRUCTURAL ALTERATION OF A NON-CONFORMI1~ LODGE
FOR TilE PURPOSE OF ADDING EMPLOYEE 1l0USING AND ESTABLISHING A
REVIEW PROCESS, CONDITIONS AND REVIEW'CRITERIA FOR SUCH APPROVAL
WHEREAS, it has been recommended by the Planning and Zoning
Commission of the City of Aspen that Article XIII of Chapter 24 of
the Aspen Municipal Code be amended by the adoption of a new Sec-
tion 13.11 allowing for the enlargement, extension, construction,
reconstruction, or structural alteration of a non-conforming lodge
for the purpose of adding employee housing and establishing a
review process, conditions and review criteria for such approval;
and
WHCREAS, the City Council desires to adopt said new section
for the benefit of the City of Aspen,
NOW, THEREFORE, BE IT ORDAIllED BY TilE CITY COUNCIL OF TIlC
CITY OF ASPEN, COLORADO:
Section 1
That Article XIII of Chapter 24 of the Municipal Code shall
be amended by the adoption of the following new section:
Sec. 24-13.11 ~mployee Housing in Non-conforming Lodges.
Notwithstanding the provisions of Section 24-13.4 of this
Code, a non-conforming lodge may be enlarged, extended, con-
structed, reconstructed or structurally altered for the pur-
pose of constructing deed restricted employee units accessory
to the principal use, Such enlargement, extension, construc-
tion, reconstruction, or structural al teration must be re-
viewed and receive approval by the Planning and Zoning Commi-
ssion pursuant to the conditional use review process of Sec-
tion 24-3.3 of this Code prior to the issuance of a building
permit.
The Plannin<j and Zoning Commission shall use the following
conditions and reviev criteria:
1. For non-conforming lodges located within the R-6 through
R-40 zones, limitation to 700 square feet or unlimited
square footage in a basement. The units must be
attached unless there is .a pre-ex isting shed or acces-
sory structure in which case the structure could be, con-
verted provided the floor area remained the same and the
improvement was reviewed as compatible with the scale of
the surrounding area.
2, For non-conforming lOdges in the R/MF, CC, C-l, S/C/I,
NC and 0 zones, unlimited expansion provided there is
no increase in lodge units. Review and approval pur-
suant to review criteria as follows:
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.""DI"O"O PUBLISHING CO., DI!NYI:R
RECORD OF PROCEEDINGS
a, Compliance with any adopted housing plan, specifi-
cally the need for seasonal employee rooms and deed
restriction ayainst commercial rental or sale,
b, Maximization of construction quality and unit size,
c, Minimization of adverse environmental and social
impacts.
d. Compatibility with surrounding land uses and zoning
including area and bulk requirements of the under-
lying zone district.
e, Adequacy and availability of utilities.
f, Adequacy and availability of parking,
3, In all zones: deed restriction to price guidelines and
against commercial rental or sale,
4. Health, safety and fire inspection and compliance prior
to. approval.
5. The expansion may be in rental rooms provided an equal
amount of existing square footage is converted from
rental rooms to deed restricted employee units.
Section 2
If any section, subsection, sentence, clause, phrase or por-
tion of this ordinance is .for any reason held invalid or unconsti-
tutional by any court of competent jurisdiction, such portion
shall be deemed a separate, distinct and independent provision and
such holding shall not affect the validity of the remaining por-
tions thereof.
Section 3
A public hearing
day of ~
on the ordinance shall be held on the J~
1980, at 5:00 P.M. in the
City Council Chambers, Aspen City Hall, Aspen, Colorado 15 days
prior to which hearing notice of the same shall be published once
in a newspaper of qeneral circulation within the City of Aspen.
INTRODUCED, READ AllO ORDERED publ ished as prov ided by law by
the City Council of the City of Aspen, Colorado. at its regular
meeting held on the ~day of ~ ,1980.
%~L
I1err.lan Edel .
Nayor
ATTEST:
Kathryn S. Koch
City Clerk
2
MEMORANDU;,J
TO: Bob Edmondson, Acting City Attorney
D:w McArthur, City Engi.neer
<Ti.m Heents, Housi.ng Director
FRm!: Alan Hi.chman, Planning Office
HE: Coachli.ght Lodge Subdivtsion Excepti.on (Condomini.umtzation
and Reconstruction)
DATE: December 8, 1980
The attached application requests exception from full subdivision
for the purpose of condominiumization of the Coachlight Lodge,
located at 232 West Hyman. This item is scheduled to come before
the Aspen Planni ng and Zon ing COlmnission on January 6, 1980;
therefore, may I please have your comments no later than
December 23, 19807 Thank you.
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SCHEDULE A
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File No, or GF 77-05-68
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AMOUNT $385,000.00
Dale of Policy: June 20, 1977
at 8:00 A.H.
POLICY NO,
1. Name of Insured:
MARY McCARTEN
2. The estate or interest in the land described herein and which is covered by this policy is: (s fee. a leasehold, etc,)
Fee simple '
3, The estate or interest referred to herein is at Date of Policy vested in:
The insured named above
4. The land referred to in this policy is described as follows:
Lots K, L, H and N,
Block 53
CITY AND TOWNSITE OF ASPEN
Pitkin County, Colorado
kpen
'i ('9 .. St-
30.~266
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USl.lfE TI11.E mstr".oJ-lCE ee'''i>OOY of OIlllaS
13lrr v...Jn S_
08lJ&l;, Tc:xM 75202
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AMERICAN LAND TITLE ASSOCIATION OWNER'S POLICY. FORM B 1970 AMENDED 10,17,70
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SCHEDULE B
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This PoJicy does not insure against loss or damage by reason of the following:
POLICY N~ 0 1 304266
77-05-68
1. Rights or claims of parties in possession not shown by the public records.
2. Easements, or claims of easements. not shown by the public records.
3. Discrepancies. conflicts in boundary lines. shortage in area, encroachments. and any facts which a correct survey and inspec-
tion of the premises would disclose and which are not shown by the public records.
4. Any lien. or right to a lien. for services. labor, or material theretofore or hereafter furnished. imposed by law and not shown
by the public records.
5. Tbe lien of all taxes and assessments for year 1977, and thereafter.
6. Easement 2 feet inside Easterly boundary of Lot N of subject property as granted
~ in deed recorded August 23, 1957 in Book 182 at Page 282.
7. Terms. conditions and obligations aa set forth in Certificate of License between
the City of Aspen and John Eymere recorded September 3, 1976 in Book 316 at Page 262.
3, Any tax, assessments. fees or charges by reason of the inclusion of the subject
property in Aspen Fire Protection District, Aspen Sanitation District. Aspen
Street Improvement District and Aspen Valley Hospital District.
'-.f' ~
J. Deed of Trust from Mary McCarten to the Public Trustee of Pitkin County, Colorado,
for use of John Eymere and Wilhelmina Eymere, to secure $310,000.00, dated June,___,
1977 and recorded June 17, 1977 in Book 330 at Page 620.
.
AMERICAN LAND TITLE ASSOCIATION OWNER'S POLICY. FORM B 1970 AMENDED 10.17.70