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HomeMy WebLinkAboutcoa.lu.gm.BoogiesDiner534 E Cooper Ave.A30-95Boogies Diner GMQS Exemptic Change in Use 2737-182-24-008 A30-95 2-7',-1 -Z Aspen/Pitkin Community Development Department 130 South Galena Street Aspen, Colorado 81611 (303) 920-5090 City Land Use Application Fees: 00113-63850-041 Deposit -63855-042 Flat Fee -63860-043 HPC -63875-046 Zoning & Sign Pernut - MRO11 Use Tax County Land Use Application Fees: 00113-63800-033 Deposit -63805-034 Flat Fee -63820-037 Zoning -63825-038 Board of Adjustment Referral Fees: 00113-63810-035 County Engineer 00115-63340-163 City Engineer 00123-63340-190 Housing 00125-63340-205 Enviromental Health Sales: 00113-63830-039 County Code -69000-145 Copy Fees Other Tbtal Name:_ _ I!_ Address: DateZJ—�heck:�%YS Project:___ Phone: Case No: No. of Copies __ __ - -- �� lk7 l CASELOAD SUMMARY SHEET City of Aspen DATE RECEIVED: 03 X7 95 PARCEL ID AND CASE NO. DATE COMPLETE: 3 ') 22737-182-24-008 A30-95 STAFF MEMBER: KJ PROJECT NAME: Boogies Diner GMOS Exemption for Change in Use Project Address: 534 E. Cooper Ave. Legal Address: E 2.5' of Lot O, all of Lots R & S, Block 95 APPLICANT: Leonard Weinalass Applicant Address: REPRESENTATIVE: Kim Weil, Bill Poss 925-4755 Representative Address/Phone: 605 E. Main St. Aspen, CO 81611 -------------------------------------------------------------- -------------------------------------------------------------- FEES: PLANNING $ 1020 # APPS RECEIVED 3 ENGINEER $ # PLATS RECEIVED 3 HOUSING $ 62 ENV. HEALTH $ TOTAL $ 1082 TYPE OF APPLICATION: STAFF APPROVAL: 1 STEP: X 2 STEP: &PUBLIC P&Z Meeting Date HEARING: YES NO/ . VESTED RIGHTS: YES __� CC Meeting Date DRC Meeting Date REFERRALS: City Attorney City Engineer WA Housing Dir. f^ „, e Aspen Water rJ City Electric I� Envir.Hlth. PUBLIC HEARING: YES NO VESTED RIGHTS: YES NO School District Rocky Mtn NatGas CDOT Clean Air Board Open Space Board Other Zoning Energy Center Other DATE REFERRED: 3 ZZ INITIALS: DUE: ` v ------ FINAL ROUTING: DATE ROUTED: E� S INITIAL=�"1 Parks Dept. Bldg Inspector Fire Marshal Holy Cross Mtn. Bell ACSD City Atty City Engineer Housing Open Space FILE STATUS AND LOCATION: Zoning Env. Health Other: MEMORANDUM TO: Aspen Planning and Zoning Commission FROM: Mary Lackner, Planner RE: Boogies Diner GMQS Exemption - Change in Use DATE: April 25, 1995 ----------------------------------------------------------------- ----------------------------------------------------------------- SUMMARY: The applicant is seeking approval to expand the kitchen area of the Boogies Diner by 249 net leasable square feet and convert a two -bedroom employee dwelling unit into a one -bedroom unit. No floor area is being added to the building as the net leasable square footage is being taken out of the existing employee unit. A copy of the application is included as Exhibit "A". To accommodate this request, the applicant has addressed Section 24-8-204 (B) (1) (b) for GMQS Exemption Change in Use which enables this request to be reviewed by the Planning and Zoning Commission. APPLICANT: Lenny Weinglass, represented by Kim Weil from Bill Poss & Associates. LOCATION: 534 E. Cooper Street, Lots R and S, Block 95, City and Townsite of Aspen. ZONING: CC (Commercial Core) zone district with Historic District Overlay. PROCESS: The Planning Commission will review the applicant's request for the GMQS Exemption at a public meeting. The Commission makes the final decision on this GMQS application. REFERRAL COMMENTS: Staff has received referral comments from the Housing Office. This referral memo is attached to the packet in Exhibit "B". STAFF COMMENTS: The 6,000 sq.ft. parcel is presently improved with an approximately 13,234 sq.ft. structure which contains retail space, a restaurant, storage area, and an employee dwelling unit. Section 24-8-204(B)(1)(b) states: Change in use. Any change in use of an existing structure between the residential, commercial/office, and tourist accommodations categories for which a certificate of occupancy has been issued for at least two (2) years and which is intended to be reused, provided that it can be demonstrated that the change in use will have minimal impact upon the city. A determination of minimal impact shall require a demonstration that a minimal number of additional employees will be generated by the change in use and that employee housing will be provided for the additional employees generated; that a minimal amount of additional parking spaces will be demanded by the change in use and that parking will be provided; that there will be minimal visual impact on the neighborhood from the change in use; and that minimal demand will be placed on the city's public facilities from the change in use. Response: The applicant is proposing to increase the net leasable area of the building by 249 sq. ft. The Housing Office has calculated that the increase in net leasable space generates 1.3 employees and 60% mitigation equates to .78 employees, based on 5.25 employees per 1,000 square feet. The applicant is proposing to pay cash -in -lieu at the Category 2 level for mitigation of the employees generated. The reconfigured employee dwelling unit will need to have a new deed restriction filed, reflecting the change in size and bedrooms. This deed restriction shall be filed with the Housing Office prior to the issuance of any building permits. Section 24-5-209(E)(3) requires that 2 parking spaces per 1,000 sq.ft net leasable area be provided in the CC zone district. This project therefore generates 0.5 parking spaces. The applicant may pay cash -in -lieu for the mitigation of the parking requirement, which is $15,000 per space. This project requires a mitigation of $7,500 for 0.5 parking spaces. The proposed change in use does not affect the exterior of the structure, therefore no visual impacts are anticipated. The City's public facilities are in place to the parcel, however the applicant will be responsible for additional tap fee's that may be assessed due to the increased kitchen size. ISSUE: Staff has some concern that one bedroom of the employee dwelling unit is being removed in order to increase the net leasable area of the building. Although the City has a multi- family housing replacement program that limits the amount of affordable housing that can be removed from the redevelopment of multi -family project, it does not address the removal of single units or bedrooms from the affordable housing inventory. Due to the fact this unit was originally provided on a voluntary basis and deed restricted to affordable housing, staff can support the removal of one bedroom. Staff would not support the removal of the unit entirely from the project. SUMMARY: Staff believes that the applicant's proposal is consistent with the requirements of the Aspen Municipal Code. 2 RECOMMENDATION: Staff recommends that the Planning Commission approve the applicant's request subject to the following conditions: 1. Prior to issuance of any building permits, the applicant shall record a new deed restriction on the newly defined remodeled one -bedroom unit to a fully -deed restricted Category 4 unit. 3 2. Prior to the issuance of any building permits, the applicant shall pay the $39,999.30 cash -in -lieu for mitigation of the employee generation. If this balance is not paid by May 22, 1995 the fee will increase to $50,195.20. 3. The applicant shall pay the parking cash -in -lieu mitigation of $7,500, prior to the issuance of any building permits. 4. 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. RECOMMENDED MOTION: "I move to approve the Boogies Diner GMQS Exemption for a change in use that adds 249 sq.ft. of net leasable area, subject to the conditions recommended in the April 25, 1995 Planning Office memorandum." EXHIBITS: "A" - Application Information "B" - Housing Office referral comments 3 Exhibit A 605 EAST MAIN STREET ASPEN. COLORADO 81611 TELEPHONE 3031925-4755 FACSIMILE 3031920-2950 March 16, 1995 Kim Johnson Aspen/Pitkin County Planning Office 130 S. Galena Aspen, CO 81611 RE: BOOGIES DINER KITCHEN EXPANSION Dear Kim, Please consider this letter and the accompanying information a formal request for a GMQS exemption by the Planning and Zoning Commission. This request is being made under Section 8-104.B.1.b, change in use, provisions of the Land Use Code. PROJECT DESCRIPTION. Boogies Diner was constructed during the summer of 1987. It received a Certificate of Occupancy in November, 1987. The project was a reconstruction of The Shaft restaurant. As part of the reconstruction, a voluntary employee unit was created. This unit contained two bedrooms and 1 bath in 991 net livable square feet. Over the years, both bedrooms have rarely been occupied. Presently, the unit is occupied by the store manager and only one bedroom is utilized. At the same time, the restaurant portion of the operation has enjoyed great popularity. The success of this restaurant has caused it to out grow its present kitchen. Therefore, we are proposing to reconfigure the space at the north end of the second level. When completed, the remaining employee unit will contain approximately 715 s.f. net livable area with 1 bedroom and 1 bath. The restaurant kitchen area will expand by 249 net !easubic square feet. !, is importa,nt tc r,cte that nc new restaurant staff will be required. Rather, the new space will allow the existing staff to spread out and work more efficiently, and safer. BOOGIES DINER KITCHEN EXPANSION March 16, 1995 REVIEW STANDARDS. 1. Employee Housing. Since the existing employee unit was provided on a volunteer basis, we feel converting the unit from two bedrooms to one bedroom is appropriate, particularly since, as stated previously, only a one bedroom unit is needed on site. With respect to the newly created commercial space, the existing building configuration and the small size of the expansion make more on site housing impractical. Therefore the owner will make a cash payment to offset 60% of the employees generated by the expansion (again, please keep in mind that there will be no increase in staff as a result of this expansion). The amount of cash required by the code is variable, but we propose four (4) employees per 1,000 square feet at a Category 2 level. 2. On Site Parking. In this case, we feel we are swapping a bedroom with commercial space and not creating any additional floor area or parking demands. Therefore, we would request that no parking mitigation be required. 3. Visual Impact. Since this is an interior remodel, there should be no visual impact to the city. 4. Impact on Public Services. The impact on public services will be very minimal. The new space will be used primarily for storage and prep work. The owner will pay all required water and sewer tap fees. CONCLUSION. We feel this request for change in use meets the requirements of the Land Use Code. Please schedule a hearing before the Commission on their earliest available agenda. Please feel free to contact us if you have any questions. Sincerely, Kim Weil Project Manager V, 1un'a'� if PARKING .l OT �I 9•.r '+n c spa -:.� Ft- r. .rL ,� �.n a' .i _i' �: ~,all Aw `r y+h..--j�.:+''�--e•3$n, ��� r;y�-'•.�c. - t..��`�` _ 4: f •`t. t-.,,.xa...-}t e _ Cy. .v ���'e 'i. •• �i ` r� # t Ii.I�. V-� f.'L4 rrT,., '.3 + •\ ` �.6 0'© + ' J . I i1f I i,- r� �'` ` •-- 4 �_ t E HOPKINS - _ -� . I � t' .'` `� f _ _ .- sr�-�-c-�'•^;, �-k.L e..-` _ i • —_ - .. -. ■1 r fir '� ll - r i f - ' -.. t ♦. I .. - ti t j� �+� c •:~ -may *a °�i � V PO/3: ` t�lit 2. WAONER , •• "p ' = r � � # ER �t "AVE. ;..:; Zr t a..' _lr.a ». lief I _ , ` a ■ _ - •'' _,�`• t'. --!�+OURAN'1TAYE. 5678 xisting Floor Plan I I i l I t.lvI R.oOM • I; i' i ! Ito I �I �I kl+Lher. I i ur mpg FlewwtlrYsto �i Gws �� �'T1'►IS wA ►iah l 18• I ��.�. I NET LE ►Y)T fte- co _ a ' — (3 gal rGb�•. _ �2� .1✓ Tv F, o, F. �i� Lcr�TE. fJEJf 1A�-� _IeSf .I " I - - i TIP N ' � G PAN J� 01HH ri5 VA x 51 O ir I A-� I _-.. — / � O t 3._a��n .'�i 4�-b•" i2 �I'• 3� 2'E ��4 1=5 SL 3'-�s 3iiJ �•-� FioovPtan- - LIVING RM. CN KITCHEN F-27 EXIS-TIN(5 KI BEDROOM WOWS& BATH iv fn O NEW KITCHEN SPACE Men o Be Otm-kPllry CN t LAND USE APPLICATION FORM 1. Project Name: Boogies Diner Kitchen Expansion 2. Project Location: 534 E. Cooper Street; Lots R, S and east 2-1/2' of Lot Q, Block 95 (Indicate street address, lot and block number, legal description where appropriate) 3. Present Zoning: cc 4. Lot Size: 6,250 s.f. 5. Applicant's Name, Address & Phone No.: Leonard Weinglass, 534 E. Cooper St., Aspen, CO 81611. (303) 925-6111 6. Representative's Name, Address & Phone No.: Bill Poss & Associates. 7. Type of Application (Please check all that apply): Conditional Use _ Conceptual SPA _ Conceptual Historic Development Special Review _ Final SPA _ Final Historic Dev. 8040 Greenline _ Conceptual PUD _ Minor Historic Dev. Stream Margin _ Final PUD _ Historic Demolition _ Mtn. View Plane _ Subdivision Historic Designation Condominiumization _ Text/Map Amendment GMQS Allotment Lot Split/Lot Line _ GMQS Exemption by ��� Adjustment Planning Dir. GMQS Exemption 8. Description of Existing Uses (number and type of existing structures; approximate square feet; number of bedrooms; any previous approvals granted to the property): 1 - 8,500 s.f. mixed use building containing retail, restaurant, r storage. and emDlovee housing space. 9. Description of Development Application: COilVcrsiOn of a portion of the existing deed restricted em�lovcc unit to commercial kitchen space. 10. Have you attached the following? Response to Attachment 2, Minimum Submission Contents Response to Attachment 3, Specific Submission Contents APR. 10 10: 57AM ASM"-iOUSING --iFC P.1 Exhibit B LT A-HiY *l ii �:� 91-11Y I TO: Mary Lackner, Planning Off'_ce FROM: Cindy Christensen, Housing Office DATSs April 18, 1995 RE: Boogie's Diner GMQS Exemption for Change in Use Parcel ID Nc. 2737-182-24-008 iS=: The applicant is proposing to expand the kitchen area by 249 net leasable square feet and convert a two -bedroom employee unit to a one -bedroom employee unit s Section 8-104., S, 1, b, Change in Use states: Any Grange in use of an enaft structure Wmen fhe makknW. ccrnererdalWmo and iburtst socommodaffona categories for which a cert►flraate of occupancy has baor issued kir at feast f is !2) years and adrirh is wended to be reused. prowled ftf it can be demonsfraled fhaf ft change ,n use V" nave mi AwW impeot upon the cW, A dotarminatbn of ffw*roi Yrowt w►N require a denlon.4tratfoa that a manmal number of additional wrip"was wW be generated by the change in use and that employee lr sing A0 be PMV0ed for the additional empbyees generated: that a minimal amount of add►fiorral pa*OV ;Races w0 be dwnannbd by the change M use and that parking WYV be provided; that Uwe wiN be nrirrfmal visual irnpact on Ux neighborhood from ftte change Rt use: and that mkftal demand wX be pfac ed an the CIVS publc rarAffes Pram Me cftww in use. The applicant is proposing to convert the existing two -bedroom employee unit (provided vcluntarily in 1987) to a one bedroom unit and make a cash payment to offset 60t of the employees generated by the expansicn. RV4CQ=X AT20N: The Housing Bcard has establ-shed priorities in the Affordable Housing Gu-delines regarding mitigating affordable housing impacts. The priorities are as follows: 1. On -site housing; 2. off -site housing, including buydown concept; 3. Cash-in-lieu/land-in-lieu. In calculating the payment -in -lieu fee, staff recommends using the high End of 5.25 employees/1,000 square feet, therefore, the payment -in --lieu fee would calculate out to be 5.25 r 1,000 X 249 added square feet X 60:' X $51, OCO Category 2 payment -in -lieu fete = 39 999.30. This amount is under the Amended 1994 Aspen/Pitkin County Housing Guidelines. Aa of May 22, 1995, this amount w-11 go up to 5.25 s 1,000 X 249 X 60t X $64, 000 - $50,__�2Q. Before building per::tit approval, the F"ousing office recommends payment of the above amount and record a new employee dwelling unit deed restriction on the newly defined remodeled one -bedroom unit to a fully -dead restricted Category 2 unit. CITY OF ASPEN APPLICATION CONFERENCE MARY�2 PROJECT • - APPLICANT' S REPRESENTATIVE: REPRESENTATIVE'S PHONE: q / 5 OWNER'S NAME SUMMARY 1. Type of Application:_ 2. .4 Describe action/type of development being requested:y ao �fJ No 3. Areas is which Applicant has been requested to respond, types of reports requested: Policy Area/ Referral Agent Comments ki a - 4. Review is: &Z On (CC Only) (P&Z then to CC) 5. Public Hearing: (YES) ((NOD) 6. Number of copies of the application to be submitted: 7. What fee was applicant requested to submit: f 0Z0 6,2, i 8 8. Anticipated date of submission: 9. COMMENTS/UNIQUE CONCERNS: - frm.pre_app ASPEN/PITKIN COMMUNITY DEVELOPMENT DEPARTMENT 130 South Galena Street Aspen, Colorado 81611 Phone 920-5090 FAX 920-5439 MEMORANDUM TO: Housing Director Zoning Administration FROM: Kim Johnson, Planner RE: Boogie's Diner GMQS Exemption for Change in Use Parcel ID No. 2737-182-24-008 DATE: March 22, 1995 Attached for your review and comments is an application submitted by Leonard Weinglass. Please return your comments to me no later than April 12. Thank you. ASPEN/PITION PLANNING OFFICE 130 S. Galena Street Aspen, Colorado 81611 (303) 920-5090 FAX# (303) 920-5197 March 22, 1995 Kim Weil Bill Poss & Associates 605 E. Main St. Aspen, CO 81611 Re: Boogie's Diner GMQS Exemption for Change in Use Case A30-95 Dear Kim, 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 Planning and Zoning Commission on Tuesday, May 2, 1995 at a meeting to begin at 4:30 p.m. Should this date be inconvenient for you please contact me within 3 working days of the date of this letter. After that the agenda date will be considered final and changes to the schedule or tabling of the application will only be allowed for unavoidable technical problems. 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 Kim Johnson the planner assigned to your case, at 920- 5100. Sincerely, Suzanne L. Wolff Administrative Assistant formcapz.no.ph March 13, 1995 Aspen/Pitkin Planning Office 130 S. Galena Aspen, CO. 81611 Attn: Kim Johnson Re: Boogie's Diner kit�,hen expansion Dear Kim, This letter is to confirm authorization for Bill Poss and Associates to act on my behalf concerning the following item: 1. Application for approval to enlarge the existing kitchen work area at Boogie's Diner, Inc., located at 534 E. Cooper Avenue, in Aspen. Questions regarding the application may be directed to Kim Weil at Bill Poss and Associates, 925-4755, or to Donna Mysior, Project Manager, at 923-4086. Sincer ly, Leonard Weingl'a"Ss Owner, Boogie's Diner, Inc. RONALD GARFIELD• ANDREW V. HECHT►► MICHAEL J. HERRONa►► DAVID L. LENYO KRISTI S. FERRARO►►►► PATRICK D. MCALLISTER►►►►► • also admitted to New York Bar •' also admitted to District of Columbia Bar ••• also admitted to Florida Bar •••• also admitted to Pennsylvania Bar '•••• also admitted to Pennsylvania Bar and New Jersey Bar Via Hand Delivery Community Development 130 South Galena Street Aspen, Colorado 81611 GARFIELD & H ECHT, P.C. ATTORNEYS AT LAW VICTORIAN SQUARE BUILDING 601 EAST HYMAN AVENUE Of counsel: ROBERT E. KENDIG ASPEN, COLORADO 81611 TELEPHONE (303) 925-1936 TELECOPIER (303) 925-3008 March 10, 1995 Re: Boogies Building, 534 East Cooper Ave., Aspen, Colorado 81611 To Whom it May Concern: The undersigned is a duly licensed attorney in the State of Colorado practicing in Pitkin County. The undersigned represents Leonard Weinglass, the owner of that certain real property described below. Based upon my representation of Leonard Weinglass and the certificate of ownership which is attached hereto and made a part hereof together with the Exhibit attached to same, the undersigned hereby certifies to the City of Aspen that the property described below is owned by Leonard Weinglass. The property which is the subject matter of this opinion is legally described as: The easterly 2 1/2 feet of Lot Q, and all of Lots R & S, Block 95, in and to the City & Townsite of Aspen, County of Pitkin, State of Colorado. ery Truly Yours, chael J. on MJH\kt rnj h\ltrs\corntnunity.l CERTIFICATE OF OWNERSHIP Pitkin County Title, Inc., a duly licensed Title Insurance Agent in the State of Colorado hereby certifies that LEONARD WEINGLASS is the owner in fee simple of the following described property: THE EASTERLY 2 1/2 FEET OF LOT Q, ALL OF LOTS R AND S, BLOCK 95, CITY AND TOWNSITE OF ASPEN. COUNTY OF PITKIN, STATE OF COLORADO. Subject to encumbrances, easements and rights of way of record. This certificate is not to be construed to be a guarantee of title and is furnished for informational purposes only. PITKJtT COUNT,JJ JIrLE, INC. BY authorz\zdd signature CERTIFIED TO: V Ctk 1, 1995 @ 8:30 A.M. BCDX D., MGE528 Recorded at _u clock_—.�1•• ---Recorder. Reception No. __-- -- '_—__-----------=i r--- ----- ---- !f Ir _ _—:-- --- -------- October , 19 86 . I o � U4-1ti day of `3 THIS DEED, Made this , .� d Frederic H. Mayerson ,' p9 Dale A. Potvin an l q between I 1 i 0 cfthe ^i> N �� r� = II 161 `s' Pitkin andStilt,ofColorado. oftlie first Part. and + oOIT. Coun.� of Cn _ Leonard Weinglass ^t co II � I whose legal 3es ddrsis 1650 McClain Road, Aspen, Colorado 8� v7 7p _ �y_ and State of ----� i #ice ofthe County^( Pitkin r I Colorado, of the second part: ! W(TNESSETH, That the said parties of the first part. for and in consideration of TEN DOLLARS and CJ °ri other good and valuable consideration of the second part, the receipt whereof is ! �". �' to the said part ieS of the first part in hand paid be said party hereby confessed and acknowledged, ha vecranted, bargained• sold and conveyed, and by these presents do '!i' e l grant, bargain, sell, convey and confirm, unto the said party of the second port, his heirs and assigns for- ti I ever, all the following described lot S nr parcel S of land• shunt ,lying and beir.T !:.the `I i I I and State of Colorado, to wit: , I County of Pitkin I li THE EASTERLY 2-•1/2 FEET OF LOT Q, AND ALL OF LOTS R AND S, BLOCK 95, IN AND TO THE CITY ARID TOWNSITE OF ASPEN, COUNTY OF PITKffi, STATE �I OF COLORADO �I I {I 534 _ast Cooper Avenue, Aspen, Colorado 81611 also known as street and number I. TOGETHER with all and singular the F:rred,taments and appurtenances thereto belonging, or in anywise all the v 1 twining. and the reversion and reversions. rein .vh.ttsoecelr ofnthe slat 1 pnrtrents, leS ue.of the first tpart. reither n n law or estate. right, title, interest, claim and drmnnt equit}•, of, in and to the above bargained premises, with the hereditament% and appurtenances. I� TO HA�'F. AND TO HOLD the said premises above bargained and described with the appurtenances. unto the �i said part y of the• second part, h's heirs and nssign.s forever. And the said part ies of the first part, for themsel Vey heirs. executor', an,l :uhniniheirs°and'assigns. that;itthe tfmnt'flt,he prisealitnlgagree a^d dto rII with the said party n(the secant. Part, his '! p: y erft•et.absolute:tnd well seized of the premises above c,nveyed, ns of good. sure, p of these presents. they are )tnf right, full Power and authority indefeasible est:ty of inheritance. ir. law. it fee simple. and ha ve I to grant, bargain, sell and coneey the %ame in manner :,,,(I form as :,forpmtid, and that the same are free and clear from nil former and other grams, imornins, %:ties, liers. taxes.:,%ses%nu•nts ;trill encumbrances of whatever kind •�i naturesorce, e):cept for. and subject to the exceptions to title set forth on ExhibiZ- "A" attached hereto, i of the second pnart. ,, I and t:,e above harga'.ned premises in the rtuiot and peaceable po%%es%inn of Chr:utid port y his heirs nmt assigns ar;ainst all and evt•ry- ;erson or per Inwtc ll)• ch.iming nr to rlaim the whole or any part of ow first part s1_11 an,l will WARRANT A \: 1) FOREVER DEFEND. ;. th,reoL•hesaidp:trt 'yes ,Iffirsiparlhave •ream, se•ttheirlland S INWITNESSWIIF.RF.OP,th,•saidParl ies the ! and seal the day and ye ,r f rst above writtvn. 4. STATE DOCUMcNTA�: :arSEAI., -.-._.. - - 3ederip Potvin F: - _ AL1 1986 Mayer n I ) /`` By• ,&4 -----------(SEA1,) .�_1_..501 ---- - l�_.ts T. Brandt, Attorney in -fact 1!i STATF,nFCt)L')!(ADO, for Freaeric H. ;Iayerson Pitkin day „f October i l Thofun•gnirtginstrument uotvi noW4d Charles This attorney -in -fact for Frederic 14 l;1 86 , b. Dale A. Potvin and Charles T. Brandt, t 1�� t•it r.vs%,nc l,:n,d and nffirial %N:ayerson. 1'1� �1 (•nmml,N t,m vx P•res ...�l.afCYt. `j � ' �ir,L 11 , i rr,,.�••.. �oc�rr I'uhl,r ardJ(urJ Puhtin M 'h,eu:, W h %•e.. LA—.W. CotWI:14 —,, A 112 \o. 932 INARRA:INTY DEED. —Poe PSe .Vble P�-m— EXHIBIT "A" EXCEPTIONS TO TITLE 1. The lien for 1986 ad valorem taxes. 2. Terms, conditions, provisions, restrictions and obliga- tions in Deed from the City of Aspen which provides in part, "That no title shall be hereby acquired to any mine of gold, silver, cinnabar or copper, or to any valid mining claim in possession held under existing laws; and provided further, that this deed is hereby made and declared to be subject to all the conditions, limitations and restrictions contained in Section 2386 of the Revised Statutes of the United States," as recorded January 09, 1888 in Book 59 at Page 248. 3. Terms, conditions, provisions and restrictions as set forth in Mining Deed recorded in Book 105 at Page 66. 4. Terms, conditions, provisions and restrictions as set forth in Mining Deed recorded in Book 106 at Page 482. 5. Terms, conditions, provisions and restrictions as set forth in Mining Deed record-d in Book 125 at Page 1. 6. Terms, conditions, provisions and obligations as set forth in Notice of Historic Designation, recorded January 13, 1975 in book 235 at Page 515. 7. Terms, conditions, provisions and restrictions as set forth in Ac;reement recorded February 23, 1965 in Book 211 at Page 551. S. Tusiness Property Lease dated August 1, 1985 entered into by ar.c between C. A. Muer Corporation, a Michigan corpo- ration as "Lessor" and Chuck: Fothergiil's outdoor Soortsman, Inc., a Colorado corporation as "Lessee", for a three 13) year term commencing August 1, 1985 and expiring on July 31, 1988, u::less earlier terminated under the terms and pro- visions cf such Lease. 4 ASPENTITKIN PLANNING OFFICE Agreement for Payment of City of Aspen Development Application Fees CITY OF ASPEN (hereinafter CITY) and Lingm� (hereinafter APPLICANT) AGREE AS FOLLOWS: 1. APPLICANT has submitted to CITY an application for tin W , (hereinafter, THE PROJECT). 2. APPLICANT understands and agrees that City of Aspen Ordinance No. 77 (Series of 1992) establishes a fee structure for Planning Office applications and the payment of all processing fees is a condition precedent to a determination of application completeness. 3. APPLICANT and CITY agree that because of the size, nature or scope of the proposed project, it is not possible at this time to ascertain the full extent of the costs involved in processing the application. APPLICANT and CITY further agree that it is in the interest of the parties to allow APPLICANT to make payment of an initial deposit and to thereafter permit additional costs to be billed to APPLICANT on a monthly basis. APPLICANT agrees he will be benefited by retaining greater cash liquidity and will make additional payments upon notification by the CITY when they are necessary as costs are incurred. CITY agrees it will be benefited through the greater certainty of recovering its full costs to process APPLICANT'S application. 4. CITY and APPLICANT further agree that it is impracticable for CITY staff to complete processing or present sufficient information to the Planning Commission and/or City Council to enable the Planning Commission and/or City Council to make legally required findings for project approval, unless current billings are paid in full prior to decision. t 5. Therefore, APPLICANT agrees that in consideration of the CITY's waiver of its right to collect full fees prior to a determination of application completeness, APPLICANT shall pay an initial deposit in the amount of $ 10?-. which is for Co hours of Planning Office time, and if actual recorded costs exceed the initial deposit, APPLICANT shall pay additional monthly billings to CITY to reimburse the CITY for the processing of the application mentioned - above, including post approval review. Such periodic payments shall be made within 30 days of the billing date. APPLICANT further agrees that failure to pay such accrued costs shall be grounds for suspension of processing. CITY OF ASPEN APPLICANT �(I By: V By. Diane Moore Mailing Address: ►tee T►'� - 'City Planning Director Do ✓t ► a fWY5 o' o r Date: -!,11.4 " 2 lz I I 15'-I 15/4" and associate 605 EAST MAIN STREET ASPEN, COLORADO 81611 TEL: (303) 925-4755 Issue: 05-14-95 BOOGIE'S KITCHEN EXPANSION 554 EAST COOPER ST. ASPEN, COLORADO PROJECT BOO& E'5 KITCHEN C1555.00 96-A21.DW6 DESCRIPTION MEZZANINE LEVEL FLOOR PLAN 5GALE: 1 /4"■ I'-O" SHEET y A'aef�D:l 0 _.', 1995 Bn L. PC`S & k SD,-io1ES P C Issue: c� 8.2�• THE PURPOSE OF THIS DRAWING IS ONLY TO GRAPHICALLY DEPICT THE GENERAL NATURE OF THE WORK. THE CONTRAC TOR S RESPONSIBLE FOR CONFIIrMNO DMENSI", AND SELECTED FABRICATIGN PROCESSES AND 7ECHNDUES OF CONSTRUCTIONTHE ARCHITECT SHALL SE NOTIFIED OF ANY VARIATIONS FROM THE DIMENSIONS AND CONDGIONS SHOWN BY THIS DRAWING. MEZZANINE LEVEL TENANT ;FINISH PLAN A2n7 - © 1.161 J — WILLIAM J^!NF' � Le•n