HomeMy WebLinkAboutcoa.lu.gm.BoogiesDiner534 E Cooper Ave.A30-95
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CASELOAD SUMMARY SHEET
City of Aspen
DATE RECEIVED: 03/~~5
DATE COMPLETE: ~
PARCEL ID AND CASE NO.
2737-182-24-008 A30-95
STAFF MEMBER: KJ
PROJECT NAME: Booqies Diner GMOS Exemption for Chanqe 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 Weinqlass
Applicant Address:
REPRESENTATIVE: Kim Weil. Bill Poss
Representative Address/Phone: 605 E.
Aspen.
925-4755
Main st.
CO 81611
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# APPS RECEIVED
# PLATS RECEIVED
3
3
FEES: PLANNING
ENGINEER
HOUSING
ENV. HEALTH
TOTAL
$ 1020
$
$ 62
$
$ 1082
TYPE OF APPLICATION: STAFF APPROVAL: 1 STEP:
P&Z Meeting Date ~ 1!J.--5' PUBLIC HEARING:
I VESTED RIGHTS:
...lL
2 STEP:
r~
YES
YES
CC Meeting Date
PUBLIC HEARING: YES
VESTED RIGHTS: YES
NO
NO
DRC Meeting Date
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REFERRALS:
~ City Attorney Parks Dept. School District
r city Engineer Bldg Inspector Rocky Mtn NatGas
~ ~ ~ Housing Dir. Fire Marshal CDOT
~ u Aspen Water Holy Cross Clean Air Board
b City Electric Mtn. Bell Open Space Board
rl//,l/ Envir.Hlth. ACSD Other
If >< Zoning Energy Center Other
;;~~~~~---~~~~~~~;;;~;r~~;;~~~~
___ City Atty ___ City Engineer ___Zoning ___Env. Health
___ Housing ___ Open space Other:
FILE STATUS AND LOCATION:
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MEMORANDUM
TO:
Aspen Planning and Zoning Commission
FROM:
Mary Lackner, Planner
RE:
Boogies Diner GMQS Exemption - change in Use
DATE:
April 25, 1995
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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 Rand 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 I 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/off ice, 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
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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.
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RECOMMENDATION: Staff recommends that the Planning commission
approve the applicant's request subject to the following
conditions:
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 t unit. ~
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.
1.
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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
condi tions 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
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Exhibit A
605 lEAST MAIN STREET
ASPEN. COLORADO 81611
TELEPHONE 303/925--4755
FACSIMILE 303/920-2950
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 8-1 04.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 sJ. net livable
area with 1 bedroom and 1 bath. The restaurant kitchen area will expand by 249 net
leasable sqL:are feet. It is important to note 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.
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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,
KimWeil
Project Manager
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LAND USE APPLIcATION FORM
1. Project Name:
Boogies Diner Kitchen Expansion
2.
Project Location:
534 E. Cooper Street;
east 2-1/2' of Lot Q,
Lots R. Sand
Block 95
(Indicate street address, lot and block number, legal description
where appropriate)
3. Present zoning:
cc
4. Lot Size:
6.250 s.t.
5. Applicant's Name, Address & Phone No.: Leonard Weingiass,
534 E. Cooper St., Aspen, CO 81611. (303) 925-6111
i .
Representat~ve's Name, Address & Phone No.: Bill Poss & Associates.
6.
605 E. Main St.. Asnen. CO 81611. (303) 925-4755
7. Type of Application (Please check all that apply):
8040 Greenline
Conceptual SPA Conceptual Historic
Development
Final SPA
Final Historic Dev.
Conceptual PUD
Minor Historic Dev.
Final PUD
Conditional Use
special Review
stream Margin
Historic Demolition
Mtn. View Plane
Subdivision
Historic Designation
Condominiumization
Text/Map Amendment
GMQS Allotment
Lot Split/Lot Line
Adjustment
GMQS Exemption by V ~)
Planning Dir. ~ GMQS Exemption ~~
8.
Description of Existing Uses
structures; approximate square
previous approvals granted to the
(number and
feet; number
property) :
type of existing
of bedrooms; any
1 - 8,500 s.f. mixed use building containing retail, restaurant,
~
storage, and employee housing space.
9. Description of Development Application:
Conv~rsion of a portion of the existing deed restricted em~lovec
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 18 '95 10:57RM ASPEN.,HOUSING OFe
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Exhibit B
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REI
Mary Lackner, Planning Office
Cindy Christensen, Housing office
April 18, 1995
Boogie's Diner GMQS Exemption for Change in Use
Parcel 10 No. 2737-182-24-008
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PATS:
~SSU81 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
..~YQRODNDI Section 8-104.. B, 1, b, Change in Use states:
Any c/rsnge lit uae at 1/1 exitII/ntJ aN:Ue ~ tile ~, oom.._...~ - jgur/S/
_.....dI6oo8 ..... IlIr which. ",,/Il..A oI'ilocupanoy _ _ iUuod b" at !NIt - (2J JIR&'ll-
_.. __ II> be --. ptDII/d!d I1/IJt /teen be -.nfIId /IlaI,. "'-In -.. ---
~ _ file 011:I. .... ....-bn at.rw-.",.... RIlIID . t/oomtlnab'lI&l tIMI I minimIJIlMIIber
01' __ ~1tS wiIIl1e gene.1Iled .by the dIIinrIe lit _1JIId IIIIt ...",.. _II will be ",.,.rdlld
Ibrllla _181 ~ ....leI..1I: lIIIIt onHnlJl..-.rt at-..J1*Idf1r1 ~ wiI /lII do.._xillrI
111"" ""- In". __ pIJIIdtrJ ....bel>)l'lilod; - _"'be - - itI;NIct on tile
IlIIiQ/lbodICOd limn the dIatlge i!1IIe; end /11II ml'lllnsl dIImsIlII wJr be p/IOIIfI tJII /lie cI!If$ pJJb/fl1 fd//Y Iim'I
"" -.". In fill.
The applicant is proposing to convert the existing two-bedroom
employee unit (provided voluntarily in 1987) to a one bedroom unit
and make a cash payment to offset 60% of the employees generated by
the expansion.
~~TION: The Housing Board has established priorities in
the Affordable Housing Guidelines 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 elllployees/1,000 square feet, therefore, the
payment-in-lieu fee would calculate out to be 5.25 + 1.000 X 249
added square feet X 60% X $51.000 Category 2 payment-in-lieu fee =
S39.999.30. This amount is under the Amended 1994 Aspen/Pitkin
County Housing Guidelines. As of May ~2, 1995, this amount will go
up to 5.25 + 1,000 X 249 X 60% X $64,000 = S50.195.20.
Before building permit approval, the Rousing 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-deed restrioted Category 2 unit.
CITY OF ASPEN
, . . ':Z:;TION CONFERENCE '-~<MARY
PROJECT: 1?aJ'tM h...114-e.-- .?) '.
APPLICANT'S REPRESENTATIVE: /~ ~~ /J1"-1/ E/;c€
REPRESENTATIVE'S PHONE: S.t! 7 ) ~
;-i.I'-..'
3/2/9~
OWNER'S NAME:
SUMMARY
Type of Application: 1%f to f4z. &JttQS ['t~~
2. .~ Describe action/type of development being requested: tJ
;~ ;:/J {l"tw;t:hj(_-:(j:&J t / bi ~Yj
. _-,-- lft1.#~ b ~~ ~/ ;Z!A~ r/ .
No ~ !()Ol /l1efkM~uf.3~~
3. Areas is which Applicant has been requested to respond,
types of reports requested:
1.
Policy Area/
Referral Aqent
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Comments
5.
Review is: ~ (CC only)
Public Hearing: (YES) ~
Number of copies of the application to
(P&Z then to CC)
4.
6.
be submitted: 3
What fee was applicant requested to submit: ~:: ~ j1c19-9-
1020 tJ't -;;. j081.
Anticipated date of submission:
7.
8.
9.
COMMENTS/UNIQUE CONCERNS:
frm.pre_app
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ASPEN/PITKIN
COMMUNITY DEVELOPMENT DEPARTMENT
130 South Galena Street
Aspen, Colorado 81611
Phone 920-5090 FAX 920-5439
MEMORANDUM
TO:
Housing Director
Zoning Administration
Kim Johnson, Planner
Boogie's Diner GMQS Exemption for Change in Use
Parcel ID No. 2737-182-24-008
March 22, 1995
FROM:
RE:
DATE:
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.
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ASPEN/PITKIN 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
fonm:apz.IIO.ph
March 13. 1995
Aspen/Pitkin Planning Office
130 S. Galena
Aspen. CO. 81611
Attn: Kim Johnson
Re: Boogie's Diner kitrhen 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.
dinCeUlY'1 . /'
~"lv ~l[{A.-V)
Leonard Weingl'ais
Owner, Boogie's Diner, Inc.
GARfRlElLD & IHllECIHIT, r.c.
RONALD GARFIELD'
ANDREW v. HEcm**
MICHAEL 1. HERRON."
DAVIDL. LENYO
ATTORNEYS AT LAW
VICTORIAN SQUARE BUILDING
601 EAST HYMAN AVENUE
ASPEN, COLORADO 81611
Of counsel:
ROBERTE. KENDIG
KRlSTI $. FERRARO....
PATRICK D. McALLISTER.....
TELEPHONE
(303) 925-1936
lELECOPIER
(303) 925-3008
. also admitted 10
New York. Bar
U also admitted to
District ofColumbi. Bar
... also admitted to
Florida B.r
.... also admitted to
Pennsylvania Bar
..... also admitted to
PcnnsylvaniaBarand
New Jersey Sar
March 10, 1995
.
Via Hand Delivery
Community Development
130 South Galena Street
Aspen, Colorado 81611
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.
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~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..
BY:
1, 1995 @ 8:30 A.M.
CERTIFIED TO:
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Dale A. potvin and Frederic H.
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~1 ~r Le::>t'la'!"d Weinglass
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WIT:"E5SETH. That the ~ailj partiesoftbe first part. ~or and in ('on,,;deration .)f TEN DOLLARS and 11
ather goad and valuable consideration ~il
to the ~l1id part ies of the fir"t part in h;;nd paid by "aid partY o[ the ",,"corHl part. t]-:e r(,~'('ipt wherelJf is
herE'hy cO:1fi's<:.l'd ani! acknow\l'dgoed. hn ves:rl\nted. har!l:ained. sold and ('on\'l"~"ed. an-i h~' the,;(" pre5entg do
IT p:'rant. bars::;ain. 5("11, conn';.' :lnd ('onrirm. unto troe said part Y nf the "pclJnd pr.rt, his heirs and as,;ijl:ns for-
en'f, all the fol!owinl-: des,'ribed \nt s orpa:-cel s ofland. "itual .1yinjl::Jnd b,~ir..! i:, thE'
County of pitkin and StOltE' ofColor:vlo. to wit:
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THlSDEEO.:.tadethi~ q+-~ day of October .19 86'1
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THE EASTERLY 2-,1/2 FEET OF LOT Q. AND ALL OF LOTS R Ai>i'D 5, BLOCK 95,
IN AND TO THE CITY AND TOWNSITE OF ASPE:l" , COUNTt" O~ PITKIN. STATE
OF COLOP.ADO
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:!l~o known a~ strel.'t ar:d numbpr 534 ;2ast Gooper Avenue, Aspen, Colorado 81611
TOGETHER wit h all and ~inll.'\dar the h..re(ht:\!n('nt~ (lnrl app...rtl'r:anc"~ ther..to helonl:'inj(, or in anywi.~e apper.
taininJ!. and the n'V('r~ion and revl'r.~il)n.~, rem.,inder and n'mai!1d"r~. r('nts, issu"-'~ an,j profits thereof. :lnd an the
('state. riltht. titll'. int('r..~t. claim an,l demand whnbot'\"'r nf the ~aid part ies of th"-' fir~t p:lrt. eitht'r in law or
equity. of. in <ln,1 to th" aho\"l' harc:ain('d prt'n',i~t'~. with tl\(' fwr,.ditilrJwnts and apr'lr~f'n;ln('''s.
TO nAVE }..:-;n TO HOLI) the said r:rf'~ni~p~ aho,'{' b:lrc:aint"! i1:1d ol..~crih""l with th.. al'l'\Irtl'nan('E'~, unto tht>
sai,! part y of tfw ~C'cHnrl part. h"'..s ht'ir~ anll :l~~il:n-, forcn'r. And thl' sailj part ies of tht> fif'st part,
r'Jr them~pl 'lCS heir~.l"X{'c\ltnr~. an,1 ao!lTIinisr.rator~. ,!', ('on'nant, c:rant. h:\rc:ain. and (lc:rN' to and
with tl1l' ~aid party "fth<:- S,,('O!1!' part. his h..ir~ and ;ls~il,:n!<. that;lt :!l!' tinw (1ft',., "ll-,"illinl/." anrl dr\i\.t>ry
of tn('~l' l'n'~l'nts. they are we\l ~l'i'l.{.d of ~h.. premises ahll"" ('1'1\"1'Y"'1. as of c:"nd. SUH'. perfl"'t. :\b~(llutP and
i!H!I,r..as;hl.. ".~t"to.' "f ialll'ri\ann'. iI", I<<w, ir f,',. ~i'nl'lp, and ha ve I!"n'\ ril,:ht. fut1l'ower and i\llthorit~'
to c-rant, han~~in. ~,.\t and c",,,'{'y tit.. ~a]1le in ll\i\nlH'r ;11,,1 form iI~ afll1"(',.aid. :lnd tbat t!\{. ~arne art' fr('t' ;,n,l c1":Jr
frum all forll1.'r and nth",. c-rall'S, hal'c:nin~. ~ai~'~. \i..I'1'. :ilX"~. i\S~,'~snll'nb Hnd ,'ncumhrancl'-' nfwhatl'\'er kind of
n;,turl""ot"','r; e~~cept fo>: and subject to :the exceptions to title set fo!'th on Exhibit,
"A" attached hereto,
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No. 932 W A'RRA.">;TY OEED,_For P1ooItlI"'I'~!~ 1tK-01'<l-
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n,.Jf",d 1'1,"I;,",n,. ."~. w ~'" ,,~
l..,k<,,"".!. cn ~,,=u _t '1"1 =l1.m'.1
anrl t:',. a\"',",' Ioan::,:n('d ;'rl,,,,i~t'~ i:1 thl' 'l"i,.t and p""n':lhlp POSq'~'L"n of tlw "a'oI p;.rt y ort h(' ~('('(On,l p:lrt.
his !wirs <<n'! :\"~'l,:ns il'::llinst all aa.! ,,\'pry :,-,'rson or 11l'r,"n~ faWf\'lfy r1,.i1l\inj.!;nrtud;>i", th.. wlll,ll' "r an\'l:,lrt
th,.rt'of. '\w sHioll'art ies "itllt' first r'art "hall and will W..I,RR..I,;\"T ,-\.\:P FORE\'EH DEFE~n.
r:-; W1T;\"F:~~;'; \\"11 E1U:OF. t I", ~aid pilrt ies "flh,' fi,'~: 1':II.t !,ave r~z.~n~y"ttheirban'l S
and s"HI Uw ,Jay ~"d y"''''!' I''': id"w{' wntl,'r\, /\ I
\STA:.~?CUMcNTW/ 9f- 6-;.....-'\}_~"~pn -
l i: l ,'\' \1 0 ~;~ Q;~;t;.~~--:;y -p "",,-, "
It.b:L_nl- - -,J-U -BY~\a- rUl~e"'s~...L-T-.JBr--a'n~dt, At-t-o--r--n-eUy"-~~n'F~Afal.c' t~:
$;' :-;T..I,TF:OF('()!.~l[U,ll(). 1 ~ -4. -
_~ _. for Freacric H. NajersOn
"",,,,,,,,[ Pitkin " ,I
Th" ["",."",. "",,,,",,,", w,,' ",.,,,,,wl,,".,,,, h,'f"'" "... <I", o,~ ,I",. ,,[ October "
'" 86 .h,. Oale A. potvin and Charles T. Brandt, atto,ney-in-fact for Frederic li'
~_ 'C"..J .1:1'16 . Witr.t'~~ my llall,l :.nd"Ui<"ial ,Jtayerson.
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EXHIBIT IlAIl
e8JK 520 r::;' ;1(9
EXC.EP'I'IONS TO TITLE
1. The lien for 1~86 ad valorem taxes.
2. Terms, conditions, p=ovisions, restrictions and obliga-
tions in eed from the city of Aspen which provides in part,
"That no .:.tle shall be he.r-ebj<" aC:.Iuired to any mine of gold,
silver, C nnabar or copper~ or to a~y valid mining claim in
posses.sion held under existing laws; and provided further, that
thi.s deed is hereby made and declared to be subject to all the
conditions, limitations and restrictions contained in Section
2386 of th.e Revised Statutes of the United States,1l as recorded
January 04, 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, condi~ion5, p~ovisions and restrictions as set
forth in Mining Deed recordod in Book 125 at Page 1.
6. TerM~, condit~ons, prov~sions and obligations as set
forth in Notice of Historic Designation, recorded January 13,
1975 in bC0k 235 at Pdse 515.
7. ?erms, conditions, provisions and restrictions as set
forth in As~eemer.t recorded Februar~ 23, 1~65 in Book 211 at
Page 551.
8. s~siness progerty Lease dat~d August 1, 1985 entered
into by ar.c between C. A. Muer Corporation, a Michigan corpo-
ration a.s "Lessor" and Chuc~~ Fothergill's outdoor
S\?ortsmc;;.n, Inc., a colorado corporation as "Lessee", for a
three (3) year term commencing August 1, 1985 and expiring on
July 31, 1988, u;~less earlier termi-r,ated under the terms and pro-
visions cf such Lease.
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ASPEN/PITKIN PLANNING OFFICE
Agreement for Payment of City of Aspen Development Application Fees
CITY OF ASPEN (hereinafter CITY) and llQY\MA W~I)~
(hereinafter APPLICANT) AGREE AS FOL~OWS:
1. APPLICANT has submitted to CITY an application for
~lM lAM ~~ \4~~
(hereinafter, THE PROJEt:T).
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 andlor 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.
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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 $lozQ~
which is for (0 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
By:~rn~
Diane Moore
'City Planning Director
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I\failing Address: , I'.eI TY>C.. -
;:-~Z Lf12--~ A; p~ ) Cv <6' I (01 z---
~ ~ 'POV\rIQ. fVv/s,'oV"
Date: ~/'<:;/9.~ .
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21"7'1-162-- zy-oo):;
Aspen/Pitkin Community
Development Department
130 South Galena Street
Aspen, Colorado 81611
(303) 920-5090
Other
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i~;,jr-?-;J3~- Dale3-/7~heck: 77<<:;-
Project:______.__
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City Land Use Application Fees:
00113-63850-041 Deposit
-<53855-042 Flat Fee
-<53860-043 HPC
-<53875-046 Zoning & Sign Permit
MROII Use Tax
County Land Use Application Fees:
00113-63800-033 Deposit
-<53805-034 Flat Fee
-<53820-037 Zoning
-<53825-038 Board of Adjustment
Referral Fees:
00113-63810-035
00115-63340-163
00123-<53340-190
00125-63340-205
County Engineer
City Engineer
Housing
Enviromental Health
Sales:
00113-63830-039
-<59000-145
Connty Code
Copy Fees
Name:
Address:
Phone:
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Case No: ~=2..2.~
No. of Copies _____