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Land Use Case.333 E Durant Ave.0051.2009.ASLU
..-, THE CITY OF ASPEN City of Aspen Community Development Department CASE NUMBER PARCEL ID NUMBER PROJECTS ADDRESS PLANNER CASE DESCRIPTION REPRESENTATIVE DATE OF FINAL ACTION 0051.2009.ASLU 2737 182 45002 333. E. DURANT AVE JENNIFER PHELAN PUD AMENDMENT CRAIG MELVILLE 09.17.2009 CLOSED BY Angela Scorey on 10/30/2009 .". .-~ ,~ . . AFFIDAVIT OF PUBLIC NOTICE REQUIRED BY SECTION 26.304.070 AND CHAPTER 26.306 ASPEN LAND USE CODE ADDRESS OF PROPERTY: Aspen, CO STATE OF COLORADO ) ss. County of Pitkin ) I, c>G(?~/ '~`~ (name, please print) being or repre enting an Applicant to the ity of Aspen, Colorado, hereby personally certify that I have complied with the public notice requirements of Section 26.304.060 (E) or Section 26.306.010 (E) of the Aspen Land Use Code in the following manner: Publication of notice: By the publication in the legal notice section of an official paper or a paper of general circulation in the City of Aspen no later than fourteen (14) days after final approval of a site specific development plan. A copy of the publication is attached hereto. Publication of notice: By the publication in the legal notice section of an official paper or a paper of general circulation in the City of Aspen no later than fifteen (15) days after an Interpretation has been rendered. A copy of the publication ' attached hereto. L- ignature The foregoing "Affidavit of Notice" was aclcnowledg d before me this ~ day of~~/~, 200, by WITNESS MY HAND AND OFFICIAL SEAL <ly PUb~IC OtIC@ 2 ~ My commis^sion expires: ~ (~- I a. P LI NO I E / / /~~ ~ ~p Notice is hereb DPNENT gppgpyqL DE °t `NL:~Yl---,~/J`,/,,/`lQil~~ll-~1L!/~ Y given to tha general public of the approval olesite specific tlevelopment plan, and otary Public the Lentl Use Cnnos^etlApra~erly right pursuant to of an ATTACHMENTS: COPY OF THE PUBLICATION ai Cily of Aspan Publishetl in The Aspen Times on September 2T, 2009. [40563657 ..-, .... 4.: ~+.~ DEVELOPMENT ORDER of the City of Aspen Community Development Department This Development Order, hereinafter "Order", is hereby issued pursuant to Section 26.304.070, "Development Orders", and Section 26.308.010, "Vested Property Rights", of the City of Aspen Municipal Code. This Order allows development of a site specific development plan pursuant to the provisions of the land use approvals, described herein. The effective date of this Order shall also be the initiation date of a three-year vested property right. The vested property right shall expire on the day afrer the third anniversary of the effective date of this Order, unless a building permit is approved pursuant to Section 26.304.075, or unless an exemption, extension, reinstatement, or a revocation is issued by City Council pursuant to Section 26.308.010. Afrer Expiration of vested property rights, this Order shall remain in full force and effect, excluding any growth management allotments granted pursuant to Section 26.470, but shall be subject to any amendments to the Land Use Code adopted since the effective date of this Order. This Development Order is associated with the property noted below for the site specific development plan as described below. Mountain Chalet Ent Inc Craig Melville 333 E. Durant Avenue, Aspen, CO 81611 Property Owner's Name, Mailing Address and telephone number Mountain Chalet PUD formerly described as Lots E F G H and I, Block 84, city and townsite of Ashen also known as 333 E Durant Ave. Legal Description and Street Address of Subject Property The Applicant received approval of an Insubstantial PUD Amendment request to remodel and enlarge three existing lodge units by enclosine their existin¢ decks and buildine new decks. Written Description of the Site Specific Plan and/or Attachment Describing Plan Insubstantial PUD Amendment. 9/16/09 Land Use Approval(s) Received and Dates (Attach Final Ordinances or Resolutions) September 27 2009 Effective Date of Development Order (Same as date of publication of notice of approval.) September 28 2012 Expiration Date of Development Order (The extension, reinstatement, exemption from expiration and revocation may be pursued in accordance with Section 26.308.010 of the City of Aspen Municipal Code.) Issued this 28`h day of September, 2009, by the City of Aspen Community Bendon, Community Development Director ~, ,,,,OTICE OF APPROVAL For an Insubstantial PUD Amendment to the Mountain Chalet, 333E. Durant Ave. Parcel ID No.: 2737-182-45-002 APPLICANT: REPRESENTATIVE: SUBJECT & SITE OF AMENDMENT: Mountain Chalet Ent., Inc. Craig Melville The Mountain Chalet, 333 E. Durant Ave. SUMMARY: The applicant has requested an Insubstantial PUD Amendment to enclose three existing decks attached to three lodge units, thereby enlarging the square footage of each lodge unit and constructing a new deck for each unit. Each individual enclosure adds 111 sq. fr. of floor area to the unit for a total of 333 sq. ft. of floor area to the property. Each new deck is proposed to be 83 sq. fr. or a total of 249 sq. fr. Ordinance No. 23 (Series of 2001) approved the phased redevelopment of the Mountain Chalet and permits a floor area of 2.5:1. This floor area ratio translates to a total floor area of 37,500 sq.ft. (as the vacated alley is not counted towards the calculation of floor area). Only phase 1 of the redevelopment has occurred. According to the recorded PUD plat and submitted application, the total floor area of the building is 29,111 sq. fr. (23,360 sq. fr.: original building and 5,751 sq. fr.: Phase 1) STAFF EVALUATION: The proposed changes to the Mountain Chalet meet the review criteria for an Insubstantial PUD Amendment (Exhibit C). The changes proposed are consistent with the approvals granted in 2001 and the scope of work has been deemed, as a potential historic resource, minimally intrusive by the Historic Preservation Planner (Exhibit B). DECISION: The Community Development Director finds the Administrative Application for An Insubstantial PUD Amendment as noted above and on Exhibit `A' to be consistent with the review criteria (Exhibit C) and thereby, APPROVES the request CONDITIONED upon the Applicant providing a complete Floor Area analysis of the Mountain Chalet with any future development application that proposes to construct new floor area or additional decks on the site. APPROVED BY: I rte` ~ Chris Bendon Community Development Director r 1(~~ Date Page 1 of 2 .... o.. ACCEPTED BY: Craig Melville Mountain Chalet Ent., Inc. Attachments: ~-16 -o~ Date Exhibit A: Approved Changes on Plan Set Exhibit B: Section 26.415.025, Potential Historic Resource, compliance Exhibit C: Review Criteria Exhibit D: Application Page 2 of 2 The development is ~ge development and the scope of th.,~brk is to remodel three existing lodge units are being proposed to be enlarged through the enclosing of existing decks and revisions to existing building elements. C~ ~ N // ,~... ~w z ~ e u - ~~ I I9I8 O~ NHdSd ~ ~~ ~~ ~~ a 3 _~° ~nrianvsxvxna.~~es ~ O a < „ < = w ,lbl I~IOI,LdAONd?I S.Li~I~I.L~iddd .Ld'IdH~ tETTd.LNnOL~t ~ o ~ ~Y3tl ~ QI, ~ E: i ~ I z a- w ~< ~m o~ Z a ~ `„ ~ o ~ ~ ~ O ~ ~ ~ _ & ~ ~ ~ ~~~ I I9I8 0~ NHdStl z Q ~ € ~ < ~ g a ° ~nNanv .IN~Ina .~ ~s~ N ~ ~ ~ ~ ~ ~ ~ °~ NOI.LF~AON~iI S.LN~W.L2IF~dV .L~'IVH~ NI`d.L[~I[lONi ~ e 1b18 cacvEO ,tea ~ d V~ ~.:,. ~~ ~< ~< w~ ~, ~, ~~ ~~ ~~ ~~ ~~~ ~ ~~ ~, ~, ~, ~, - s -- ~ v~ ~~_~ a -- --- -- 5 0 ~ _ ~ ~ ~ i 4i" O O O IVY f f",Y I-? -l O I - I \ \ \ ~ ~ ~-~' - I II II J J ~ ~ ~ ~ ~ ~ ~ § S O d w a Wq °z~ z a w~ a Wq x; o< ~~ 7 LL1 o a w ~• YV ~ ~ W Q ~~ ~ ~o ~- 0 F Q 7 W a. W ['y 6 T\~/ \./ m.,./ 15 September 2009 Mountain Chalet Ent., Inc. Craig Melville 333 E. Durant Aspen, CO 81611 Re: Proposed Remodeling Deaz Craig, m THE CITY OF ASPEN Community Development Staff has considered the proposed remodel for 333East Durant Street, aka Mountain Chalet. Pursuant to Section 2 part 26.415.025.E of Ordinance 48 Series of 2007, certain alterations determined to be minimally intrusive or reversible are exempt from review by the Historic Preservation Commission and/or the ninety day negotiation period with City Council. Staff finds that the following proposed changes qualify under this exemption with conditions: 1. The addition of a new balcony and related changes to the south fapade of the western apartments as indicated on Sheet A2.0 (elevations) and Sheet A0.1 (site plan) are consistent with the character of the building and are minimally intrusive. The alterations above can proceed through the appropriate review processes. Please contact me if you have any questions or concerns, 429-2778 or saza.adams@ci.aspen.co.us. Sincerely, ,~ ~~ Sara Adams Historic Preservation Planner E:,~w,,BIT `C' Section 26.445.100 Amendment of PUD development order A. PUD Insubstantial Amendments. An insubstantial amendment to an approved development order for a final development plan may be authorized by the Community Development Director. The following shall not be considered an insubstantial amendment: 1. A change in the use or character of the development. There is no change in the use or character of the building/development. 2. An increase by greater than three percent (3%) in the overall coverage of structures on the land. There is no change in the overall site coverage. 3. Any amendment that substantially increases trip generation rates of the proposed development or the demand for public facilities. Trip generation and demand for public services will not be impacted by this amendment. 4. A reduction by greater than three percent (3%) of the approved open space. There is no change to the open space. 5. A reduction by greater than one percent (1 %) of the off-street parking and loading space. There is no change in the parking/loading space. 6. A reduction in required pavement widths or rights-of--way for streets and easements. There is no change in the ROW's widths, streets or easements. 7. An increase of greater than two percent (2%) in the approved gross leasable floor area of commercial buildings. There is no change in the gross leasable~loor area. 8. An increase by greater than one percent (1 %) in the approved residential density of the development. There is no residential aspect of the PUD as the development is a lodge. Any change which is inconsistent with a condition or representation of the project's original approval or which requires granting a vaziation from the project's approved use or dimensional requirements. The change is consistent with the approved use and does not require a dimensional variation. Section 26.470.040 Exempt Development: 6. Remodeling or replacement of existing commercial or lodge development. Remodeling or replacement after demolition of existing commercial or hotel/lodge buildings and portions thereof shall be exempt from the provisions of growth management, provided that no additional net leasable square footage or lodge units are created and there is no change in use. If redevelopment involves an expansion of net leasable squaze footage or lodge units, only the replacement of existing development shall be exempt. Existing, prior to demolition, net leasable square footage and lodge units shall be documented by the City Zoning Officer prior to demolition. Also see definition of net leasable commercial and office space, Section 26. ] 04.100. ~1 ~... ATTACHMENT 2-LAND USE APPLICATION rao,rECT: MDtt f}-tIV i~o~D~t- Name: MpUt C a Q Location: 7j33 Er irlll~ • V L} L F Indicate street address, lot & block number, le al descri tion where a ro riate Parcel ID # REQUIRED - \ - aQ APPLICANT: Name: GR141 C~, M~EL.V I L LE /~, . Address: _ ~3 3 ~ , DU ~t~ ' , V e . Phone #: ~ ~ 9 oZ~ ~-~~- ttr.rKr,sr.n ~ A I I v E: Name: Address: Phone #: TYPE OF APPLICATION: (please ^ GMQS Exemption ^ Conceptual PUD ^ Temporary Use ^ GMQS Allotment ~ Final PUD (& PUD Amendment ^ Text/Map Amendment ^ Special Review ^ Subdivision ^ Conceptual SPA ^ ESA - 8040 Greenline, Stream ^ Subdivision Exemption (includes ^ Final SPA (& SPA Margin, Hallam Lake Bluff, condominiumization) Amendment) Mountain View Plane ^ Commercial Design Review ^ Lot Split ^ Small Lodge Conversion/ Expansion ^ Residential Design Variance ^ Lot Line Adjustment ^ Other. ^ Conditional Use EXISTISG CONDITIONS: (description of existing~byuildings, uses, previous approvals, etc.) M©lAN'T'~I t'/ CN-A'L~T f lilp PROPOSAL: (description of proposed buildings, uses, modifications, etc.) ~fll-nDN of D~-CS of ~~1 ~- F. nave you attached the fOllnwmgY FEES llUE: $ Pre-Application Conference Summary Attachment#l, Signed Fee Agreement Response to Attachment #3, Dimensional Requirements Form Response to Attachment #4, Submittal Requirements- Including Written Responses to Review Standards .• lnr•nr_.- h~~t_ All plans that are larger than 8.5" X 11" must be folded. A disk with an electric copy of all written text (Microsoft Word Format) must be submitted as part of the application. Large scale projects should include an electronic 3-D model. Your pre-application conference summary will indicate if you must submit a 3-D model. CITY OF ASPEN COMMUNITY DEVELOPMENT DEPARTMENT A¢reement for Payment of Citv of Aspen Development ADplication Fees CITY OF ASPEN (hereinafter CITY) and M FiltryT7~'I N Gl-1l~"l-ET ~ NT. I ENG. (hereinafter APPLICANT) AGREE AS FOLLOWS: 1. APPLICANT h~ sub~~ C~T-Y an application for f~'PftRTht~l/T (hereinafter, THE PROJECT). 2. APPLICANT understands and agrees that the City of Aspen has an adopted fee stmcture for Land Use applications and the payment of all processing fees is a condition precedent to a determination of application completeness. 3. APPLICANT and CITY agree [ha[ 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 that APPLICANT make payment of an initial deposit and to thereafter permit additional costs to be billed to APPLICANT on a monthly basis. APPLICANT agrees additional costs may accrue following their heazings and/or approvals. 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 aze 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 Historic Preservation Commission, Planning and Zoning Commission and/or City Council to enable the Historic Preservation Commission, Planning and Zoning Commission and/or City Council to make legally required findings for project consideration, unless current billings are paid in full prior to decision. 5. Therefore, APPLICANT agrees that in consideration of the CITY's waiver of its right [o collect full fees prior [o a determination of application completeness, APPLICANT shall pay an initial deposit in the amount of $~` which is for ~ hours of Community Development staff 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 at a rate of $245.00 per planner hour over the initial deposit. 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, and in no case will building permits be issued until all costs associated with case processing have been paid. CITY OF ASPEN Chris Bendon Community Development Director APPLICANT By: Lip ~~ L--. Date: U - ~G I -® 1 Bi~n~Ar~ress~ Telephue~Num~ ~~ 99-0 92S' ~~-4~- -,~. -- ATTACHMENT3 DIMENSIONAL REQUIREMENTS FORM Project: Applicant: Location: Zone District: Lot Size: Lot Area: R>=-r~l,~ t~ z (for the purposes of calculating Floor Area, Lot Area may be reduced for areas withi n the high water mark, easements, and steep slopes. Please refer to the defin ition of Lot Area in the Municipal Code.) Commercial net leasabl e: Existing: ~ Proposed: U N U Ci,}-A"NG,e= Number of residential units: Existing:~Proposed: q -JO G13-1)WG~ Number of bedrooms: Existing: 6 3 Proposed.• 6 3 N O c1{-A-A!(,~~ Proposed % of demolition (Historic properties only): S e ~' , DIMENSIONS: ~ Floor Area: Existing: o~~~~~ 1 Allowable: t}6~~ Proposed.• ~~1 33~ Principal bldg. height: Existing: Allowable: Proposed: ~1 CJ ~H-FtN~iE Access. bldg. height: Existing: Allowable: Proposed: NO Gad-{}~v(~~ On-Site parking: Existing: Required.• Proposed: ~ p C~}.~~,~ Site coverage: Existing: Required: Proposed: !V G Cl~{-f}/d C,~ Open Space: Existing.• Required.• Proposed.• ~J iJ C~,t-f}NCyG Front Setback: Existing.• ~ ~ Required: Proposed: ~ ~ N t7 Gd-{}lv c; C-' Rear Setback: Existing: f ~, Required: Proposed.• '1O ~ n}~ ~tr}-i9N/Csc Combined F/R: Existing: Required.• Proposed: N U Gy-t}N4E Side Setback: Existing.• Required.• Proposed: (~J p Gt~1=1-N~E Side Setback: Existing: Required: Proposed: nJ p c~79N~i~~ Combined Sides: Existing: Required: Proposed: (tJ J Gt}'f;~N~1E Distance Between Existing Required: Proposed: hl a GFF"AN1Lzc Buildings Existing non-conformit ies or encroachments: SAC ~nnl-t.~wl tUG -~~i~ Variations requested: NOYVC ..~. .~, ...Y .~. Project Name: Mountain Chalet Aspen Apartment Remodel Project Address: 333 E. Durant Avenue. Legal Description: Lots E, F, G, H, & I, Block 84, Mountain Chalet PUD, City of Aspen Contact: Craig Melville, 925-7797 or 319-7882, Craig@staymca.com Date: 24 August 2009 Brief Proiect Description: The basic project is the addition of 221 s.f. of balconies on three levels (74 s.f. per floor) and a remodel of our existing 2 bedroom units (which aze rented nightly -the same as our standard hotel rooms). These units are stacked and make up the westernmost section of the property. The project will both modernize and enlarge these units, but will keep the same character and number of units as the existing property. 1. Top three apartments (levels 2 - 4): 1.1. We will add a new south deck to the three top floor apartments. The new deck will be smaller than the current deck: approx. 4'9" x 15'6". 1.2. The exiting balconies and interior will be gutted and remodeled. 1.3. The current configuration of 1 and''/z baths will be increased to 2 full baths. 1.4. We will add the ability to lock-off one of the bedrooms. 1.5. Finally, we will slightly increase the depth of the balconies on the north side of the three apartments. 2. Bottom Floor Apartment: The only changes to the bottom floor unit will be to modernize. We will not be adding any additional fixtures or appliances beyond what currently exists. It does include a redesign including changing the existing partition walls. 3. Exterior changes 3.1. The existing gazage door will be removed. It will be replaced by a (hu)man- door and a window. This will better match the units above it. 3.2. The exterior section which is brown will be insulated and covered with lap- board siding. 3.3. All exterior windows and doors will be replaced by higher efficiency units. ,... --- ~,,, ~~ Project Name: Mountain Chalet Aspen Apartment Remodel Project Address: 333 E. Durant Avenue. Legal Description: Lots E, F, G, H, & I, Block 84, Mountain Chalet PUD, City of Aspen Contact: Craig Melville, 925-7797 or 319-7882, Craig@staymca.com Date: 24 August 2009 Exemption from Ordinance 48: After reviewing the proposed project, staff has determined that it is exempt from ordinance 48 as it is minimally intrusive and does not diminish the character of the property. .~, "~~ ~"'~ Mountain Chalet Aspen ~^"` Minor PUD Amendment Sec. 26.445.050. Compliance with minor conceptual, final, consolidated and minor PUD standards. A. General Requirements -The proposed remodel/porch enclosure makes no significant changes to any of the general requirements. It remains consistent with the community plan and the local character. As there is no increase in units the project is GMQS exempt. B. Establishment of dimensional requirements -The proposed remodel/porch enclosure will not change the external dimensions of the PUD nor will it increase the number of rental units. Specifically there will be no increase in the number of guests or employees and thus no impact on pazking. C. Site design -The proposed remodel/porch enclosure will not change the relationship of the Mountain Chalet PUD to the site or the surrounding area. D. Landscape Plan -The proposed remodel/porch enclosure will not change the overall look of the Mountain Chalet PUD, and thus will not drastically affect the relationship of the Mountain Chalet PUD to the visual character of the City, nor to the surrounding properties and natural characteristics. No vegetation or landscaping will be affected. E. Architectural Character -The proposed remodel/porch enclosure will not change the architectural style of the Mountain Chalet PUD. a. South Side Porches: There will be a reduction in the length of the porches on the south side of the remodeled apartment section from 24' to 16'. This will affect the 2"a 3`a and 4`h floors. In addition, the railings will be taller to comply with current code requirements. The general character (style, color, materials, etc.) of the porches will remain the same. b. South Side Windows/Doors: There will be a wholesale change in the doors and windows on the south side of the building. Again, however, this will be done in the general character of the building. We will keep the essentially all-glass look of that section the same. c. North Side Doors: The north side of the building currently has a gazage door facing Durant Avenue. This door will be replaced with a man door for access to the basement and a window. These changes will tie in better with the floors above. In addition, one window on each of the 2"a 3`a and 4`h floor levels will be replaced with a door. From the street, the park, and town the change will not be noticeable as the porch blocks the bottom of the door. d. Exterior Materials: The look will again remain the same, though there will be some changes in materials to the exterior. Currently, the bottom two floors of the building aze white stucco. The remaining floors are either cinder blocks painted dark brown or dark brown lap boards (the cinder blocks aze intended to look like lap boards). The apartment section currently is cinder block. The remodel calls for adding insulation to the dark brown levels and covering this with dark brown lap boards to tie in with attached building. F. Lighting -The lighting for the project will be in compliance with the lighting standards for the City. Exterior doors will have lights to comply with code regulations. Down lighting may be used to dimly light the building. No spot lights will interfere with pedestrian or vehicle traffic. Walkways are lit by city lights. .~ '''`°' Mountain Chalet Aspen '' '~ Minor PUD Amendment G. Common Park, open space, or recreation area - N/A H. Utilities and Public Faci-ities - N/A I. Access and Circulation - N/A J. Phasing of Development Plan - N/A r.. ^. M. ~ ~~~. Project Name: Mountain Chalet Aspen Apartment Remodel Project Address: 333 E. Durant Avenue. Legal Description: Lots E, F, G, H, & I, Block 84, Mountain Chalet PUD, City of Aspen Contact: Craig Melville, 925-7797 or 319-7882, craig@staymca.com Date: 24 August 2009 Response to Section 26.470.060 Item 5: 5. Minor Expansion of a Commercial, Lodge, or Mixed-Use Development. The proposed apartment remodel project will be adding three decks to the existing structure. Each deck is 4'9" deep by 15'6" long for a per deck total of 73.625 s.f. The total increase in square footage for the entire project will be 221 s.f.. To answer the criteria for this exemption specifically: a. There is less than 250 s.f. of increased net leasable space -the increased net leasable space is 221 s.f.. b. There are less than 2 lodge units - no new lodge units will be added. c. The expansion involves no residential units. CLEVELAND ST WEST END ST i = ~ 2 ! ~, ~ T' Dr-~ z z i i ~ . ~ C ,.~ c, m -- m r ; ' ORIGINAL ST. 2 m N , r - D ~ ~~ t ~ ~ ! _-~--_^~~ ^ ~ Z ._ ~ ~ ._ ~ ,~ ~ SPRING ST n ' - ,O~ ~ ~ ~ I _ .y a . __ ~ O ~_ / % ~ HUNTER ST. m ,:~/ ~ ~ 1 ~ ~ , --~-, O G7 - - __ ~ ~ ~m~ _ . , ~~r ~ ~, .s i D~ - i? s. pl ~ _ ~ i MILL ST. W i i _ ~' _ %~~ m ~ MONARCH ST. D I ( i ~ T1 ~ 1 cn ' m ~ ~ ~ mm v ~~ ~ , z < m ~ z c m LENA ST GA L m .) ~. - ~~ > ~ . - _ ~ . "~. ' , ~ o m _...... Z %' o ~ $'s m ~I ~ rr -- ---__ ~ .-r sia a w es ~.' m Mountain Chalet Aspen 'JS'J E Durant Avenue Aspen, Colorado 81611 8 July 2009 City of Aspen, wwwstaymca.com rvetions~staynua.com te1800-32]-2813 fax 970-925-7811 I, Craig Melville, am an owner and current president of the Mountain Chalet Ent., Inc. (a Colorado Corporation) which wholly owns the Mountain Chalet in Aspen, located at 333 E. Durant Ave. As such, I have the authority to act in the interest of the corporation, and, specifically, to sign documents in the interest of obtaining a building permit for the proposed apartment remodel project. »;, r2 Craig Melville President Mountain Chalet Ent., Inc. ~~at the base o{ Aspen Mountain~~ ,,~, ... \.,' ~~~ ALTA Commitment (6/17/06) Stewart Title Guaranty Company, a Texas Corporation ("Company"), for a valuable consideration, commits to issue its policy or policies of title insurance, as identified in Schedule A, in favor of the Proposed Insured named in Schedule A, as owner or mortgagee of the estate or interest in the land described or referred to in Schedule A, upon payment of the premiums and chazges and compliance with the Requirements; all subject to the provisions of Schedules A and B and to the Conditions of this Commitment. This Commitment shall be effective only when the identity of the Proposed Insured and the amount of the policy or policies committed for have been inserted in Schedule A by the Company. All liability and obligation under this Commitment shall cease and terminate six months after the Effective Date or when the policy or policies committed for shall issue, whichever first occurs, provided that the failure to issue the policy or policies is not the fault of the Company. The Company will provide a sample of the policy form upon request. This commitment shall not be valid or binding until countersigned by a validating officer or authorized signatory. ALTA Commitment Form COMMITMENT FOR TITLE INSURANCE ~~^Is±sued by S w~~~ title guaranty company IN WITNESS WHEREOF, Stewart Title Guaranty Company has caused its corporate name and seal to be hereunto affixed by its duly authorized officers on the date shown in Schedule A. Countersigned: oozed Cowlersi~a(ute ~VL~rYYGY title guaranTy company a,~y~ ttE, ~~ y,. t a ~~~~o#- e a fsue'-o^'' i s jEX ~5~~~"~. -~\.~ 02sc, , Senior Chairman o! t~+e Board Chairman of the Board Stewart Tide of Colorado, Inc. Aspen Division 620 East Hopkins Avenue Aspen, Colorado 81611 Phone:970-925-3577 Fax:970-925-1384 Order Number: 912627 G President ALTA Commitment (6/17/06) ^~ ~ ~~ COMMITMENT FOR TITLE INSURANCE SCHEDULE A 1. Effective Date: June 5, 2009, at 7:30 A.M. Order Number: 912627 2. Policy or Policies To Be Issued: Amount of Insurance (a) A.L.T.A. Owner's (b) A.L.T.A. Loan 3. The estate or interest in the land described or referred to in this Commitment and covered herein is: Fee Simple 4. Title to the referenced estate or interest in said land is at the effective date hereof vested in: Mountain Chalet Enterprises, Inc., a Colorado Corporation 5. The land referred to in this Commitment is described as follows: MOUNTAIN CHALET PLANNED UNIT DEVELOPMENT, according to the Final Plat thereof recorded February 8, 2002 in Plat Book 59 at Page 70 as Reception No. 463762 and the Correction Plat recorded September ] 7, 2004 in Plat Book 70 at Page 68 as Reception No. 502034 formerly known as: Lots E, F, G, H and I Block 84 CITY AND TOWNSTI'E OF ASPEN COUNTY OF PTTICIIV, STATE OF COLORADO. Purported Address: 333 East Durant Avenue Aspen, Colorado 8161 I Order Number: 912627 ALTA Commitment (6/17/06) -Schedule A Title Officer Linda Williams Page I of I Statement of Charges: These charges are due and payable before a Policy can be issued: TITLE COMMITMENT FEE: $200.00 title guaranTy company ~"~ "'~! \./ `a~a COMMITMENT FOR TITLE INSURANCE SCHEDULE B -Section 1 REQUHZEMENTS Order Number: 912627 The following are the requirements to be complied with: Payment to or for the account of the grantor(s) or mortgagor(s) of the full consideration for the estate or interest to be insured. 2. Proper instrument(s) creating the estate or interest to be insured must be executed and duly filed for record. 3. NONE AT THIS TIME NOTE: This product is for informational purposes only. It is not a title insurance product and does not provide any form of coverage. This product is not a guarantee or assurance, and does not wa>rant, or otherwise insure, any condition, fact or circumstance. This product does not obligate this Company to issue any policies of title insurance for any subsequent transaction based on the information provided or involving the property described herein. This Company's sole liability for any error(s) relating to this product is limited to the amount that was paid for this product. PLEASE REFER TO SCHEDULE B SECTION 2 FOR ALL INFORMATION Order Number. 912627 ~ ~}~ A ~ r}' ALTA Commitment (6/17/06)-ScheduleBl ~`~iYYQ~ ` Page I of I title guararrty comparry .~- -°},. ~/ ~-.,./ COMMITMENT FOR TITLE INSURANCE SCHEDULE B -Section 2 EXCEPTIONS Order Number: 912627 The policy or policies to be issued will contain exceptions to the following unless the same are disposed of to the satisfaction of the Company: 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. Any encroachment, encumbrance, violation, variation, or adverse circumstance affecting the title that would be disclosed by an accurate and complete land survey of the Land and not shown by the public records. 4. Any lien, or right to a lien, for services, labor or material heretofore or hereafter furnished, imposed by law and not shown by the public records. 5. Defects, liens, encumbrances, adverse claims or other matters, if any, created, Frst appearing the public records or attaching subsequent to the effective date hereof, but prior to the date the proposed insured acquires of record for value the estate or interest or mortgage thereon covered by this commitment. 6. Unpatented mining claims, reservations or exceptions in patents, or in acts authorizing the issuance thereof. 7. Water rights, claims or title to water. 8. Any and all unpaid taxes and assessments and unredeemed tax sales. 9. Exceptions and reservations as set forth in the Act authorizing the issuance of the Patent for the City and Townsite of Aspen recorded March 1, 1897 in Book 139 at Page 216 as Reception No. 60156. 10. Encroachment Request Retaining Wall recorded November 28, 1975 in Book 306 at Page 20 as Reception No. 179772. 11. Agreement between MountainChalet Enterprises, Inc. and Commerce Savings Association recorded February 15 1984 in Book 472 at Page 537 as Reception No. 262182. 12. Agreement with the City of Aspen recorded September 3, 1976 in Book 316 at Page 256 as Reception No. 186771, Encroachment Agreement between City of Aspen and Ralph Melville recorded July 30, 1985 in Book 491 at Page 940 as Reception No. 270121, and Assignment Order Number: 912627 ~~.~} ALTA Commitment (6/17/06) - Schedule B 2 ~ ~1 Page I of 2 title guaranty company ,... >/' ~,„r recorded August 27, 199] in Book 654 at Page 998 as Reception No. 335903. 13. Ordinance No. 14 (Series of 1985), vacating portions of Dean Street, recorded June 26, 1985 in Book 488 at Page 717 as Reception No. 269241. 14. Easement and right of way for vehicular and pedestrian access as granted to Savanah Limited Partnership by Mountain Chalet Enterprises, Inc. in the instrument recorded October 4, 1989 in Book 604 at Page 184 as Reception No. 315797 15. Easements, rights of way and all matters as shown on the Final Plat of Mountain Chalet P.U.D. recorded February 8, 2002 in Plat Book 59 at Pages 70 thru 84 as Reception no. 463762 along with the effects, if any, of surveyor's statement by Robert Houser, registered land surveyor no. 7235, recorded February 8, 2002 as Reception No. 463763. ] 6. PUD Agreement for the Mountain Chalet Lodge Project between Mountain Chalet Enterprises, Inc. and The City of Aspen, recorded February 8, 2002 as Reception No. 463764. 17. Ordinance No. 23, (Series of 2001) of The Aspen City Council recorded October 1, 2001 as Reception No. 459215. 18. Resolution No. 25 (Series of 2001) of the City of Aspen Planning and Zoning Commission recorded December 10 2001 as Reception No. 461619. 19. All matters as shown on the plat of Mountain Chalet Planned Unit Development Correction Plat recorded in Plat Book 70 at Page 68. 20. Occupancy Deed Restriction and Agreement recorded March 28, 2002 as Reception No. 465580. 21. Occupancy Deed Restriction and Agreement recorded March 28, 2002 as Reception No. 465581. 22. A Deed of Trust dated July 2, 1999, executed by Mountain Chalet Enterprises Inc., to the Public Trustee, to secure an indebtedness of $250,000.00 in favor of Alpine Bank recorded July 7, 1999 as Reception No. 433213. Order Number. 912627 ~~,~,~,y.~ - ~Y~ ALTA Commitmem(6/I7/06)-SchedoleB2 i "~ Page 2 of 2 title guaranty company ,•, ---• ..,i ...+ WHAT DO STG Privacy Notice ] (Rev 01/26/09) Stewart Title Companies J1EwAxT "I'I'1'LE COMPANIES DO WITH YOUR PERSONAL Federal and appbcable state law and regulations give consumers the right to limit some but not al] sharing. Federal and applicable state law regulations also require us to tell you how we collect, share, and protect your personal information. Please read this notice carefully to understand how we use your personal information. This privacy notice is distributed on behalf of the Stewart Title Guaranty Company and its affiliates (the Stewart Title Companies), pursuant to Title V of the Gramm-Leach-Bliley Act (GLBA). The types of personal information we collect and share depend on the product or service that you have sought through us. This information can include social security numbers and driver's license number. All financial companies, such as the Stewart Title Companies, need to share customers' personal information to run their everyday business-[o process transactions and maintain customer accounts. In the section below, we list the reasons that we can share customers personal information; [he reasons that we choose [o share; and whether you can limit this sharine. ~..., Reasons we can share your personal information Do we share? For our everyday business purposes- to process your vansactions and maintain your account. This may include mooing the business and managing customer ', yes accounts, such as processing transactions, mailing, and auditing services, and '.. responding to court orders and legal investigations. For our marketing purposes- to offer our products and services to you Yes For joint marketing with other financial companies ' No For our affiliates' everyday business purposes- information about your '. transactions and experiences. Affi]iates are companies related by common ', ownership or control. They can be financial and nonfinancial companies. Our '', Yes affiliates may include companies with a Stewart name; financial companies, such '.. as Stewart Title Company '.. For our affiliates' everyday business purposes- information about your -. No creditworthiness. For our affiliates to market to you Yes __ _.. _. For non-affdiates to market to you. Non-affiliates are companies not related by No common ownership or control. They can be financial and nonfinancial companies. Can you limit this sharing? No No We don't share No We don't share We don't share We may disclose your personal information [o our affiliates or to non-affiliates as permitted by law. If you request a transaction with a non-affiliate, such as a third party insurance company, we will disclose your persona] information to that non-affiliate. [We do not control their subsequent use of informatioq and suggest you refer to their privacy notices.) Sharing practices How often do [he Stewart Title Companies We must notify you about our sharing practices when you request a transaction. notify me about their practices? __ How do the Stewart Title Companies To protect your personal information firm unauthorized access and use, we use security protect my personal information? :measures that comply with federal and state law. These measures include computer, ' file, and building safeguards How do the Stewart Title Companies We collect your persona] information, for example, when you collect my personal information? request insurance-related services provide such information to us ". We also collect your personal information from others, such as the real estate agent or lender involved in your transaction, credit reporting agencies, affiliates or other .._..._.. companies . . ... .._.... What sharing can I limit? Although federal and state law gve you the right to limit shaong (e.g., opt out) in certain instances, we do not share your personal information in those instances. ', Cnntaet US ! If you have any questions about Ih~s privacy notice, please contact us at Slcwart Title Guaranty Company, 1980 Post Oak Blvd , ~. Privacy Officer, Houston, Texas 77056 Order Number: 912627 ..-, .-., w ~..~ DISCLOSURES Order Number: 912627 Note: Pursuant to C.R.S. 10.] I-122, notice is hereby given that: A. The subject real property may be located in a special taxing district; B. A certificate of taxes due listing each taxing jurisdiction shall be obtained from the county treasurer or the county treasurer's authorized agent; C. Information regarding special districts and the boundaries of such districts may be obtained from the board of county commissioners, the wunty clerk and recorder, or the county assessor. Note: Colorado Division of Insurance Regulations 3-5-1, Subpazagraph (7) (E) requires [hat "Every title entity shall be responsible for all matters which appear of record prior to the time of recording whenever the title entity conducts the closing and is responsible for recording or filing of legal documents resulting from the transaction which was closed." Provided that Stewart Title of Colorado, Inc. conducts the closing of the insured transaction and is responsible for recording the legal documents from the transaction, exception number 5 will not appear on [he Owner's Title Policy and the Lender's Tide Policy when issued. Note: Affirmative Mechanic's Lien Protection for the Owner may be available (typically by deletion of Exception No. 4 of Schedule B, Section 2 of the Commitment from the Owner's Policy to be issued) upon compliance with the following conditions: A. The land described in Schedule A of [his commitment must be asingle-family residence, which includes a condominium or townhouse unit. B. No labor or materials have been famished by mechanics or materialmen for purposes of constmction on the land described in Schedule A of this Commitment within the past 6 montbs. C. The Company must receive an appropriate affidavit indemnifying the Company against unfilled mechanic's and Materialmen's Liens. D. The Company must receive payment of the appropriate premium. E. If [here has been construction, improvements or major repairs undertaken on the property to be purchased, withi^ six months prior to the Date of the Commitment, the requirements to obtain coverage for unrecorded liens will include: disclosure of certain construction information; financial information as to the seller, the builder and/or the contractor; payment of the appropriate premium; fully executed Indemnity agreements satisfactory to the company; and, any additional requirements as may be necessary after an examination of the aforesaid information by the Company. No coverage will be given under any circumstances for labor or material for which the insured has contracted for or agreed to pay. e: Pursuant to C.R.S. 10-I 1-123, notice is hereby given: A. That there is recorded evidence that a mineral estate has been severed, leased or otherwise conveyed from [he surface estate and that there is a substantial likelihood that a third party holds some or all interest in oil. gas, other minerals, or geothermal energy in [he property; and B. That such mineral estate may include the right to enter and use the property without the surface owner'; permission. This notice applies to owner's policy commitments wntaining a mineral severance instrument exception, or exceptions, in Schedule B, Section 2. NOTHING HEREIN CONTAINED WILL BE DEEMED TO OBLIGATE THE COMPANY TO PROVIDE ANY OF THE COVERAGES REFERRED TO HEREIN UNLESS THE ABOVE CONDITIONS ARE FULLY SATISFII:D. Order Number: 912627 Disclosures .~* ^. ~../ Stewart Title of Colorado, Inc. DISCLOSURE The title company, Stewart Title of Colorado, Inc. -Aspen Division in its capacity as escrow agent, has been authorized to receive funds and disburse them when all funds received are either: (a) available for immediate withdrawal as a matter of right from the financial institution in which the funds are deposited, or (b) aze available for immediate withdrawal as a consequence of an agreement of a financial institution in which the funds aze to be deposited or a financial institution upon which the funds are to be drawn. The title company is disclosing to you that the financial institution may provide the title company with computer accounting or auditing services, or other bank services, either directly or through a separate entity which may or may not be affiliated with the title company. This separate entity may charge the financial institution reasonable and proper compensation for these services and retain any profits there from. The title company may also receive benefits from the financial institution in the form of advantageous interest rates on loans, sometimes referred to as preferred rate loan programs, relating to loans the title company has with the financial institution. The title company shall not be liable for any interest or other charges on the earnest money and shall be under no duty to invest or reinvest funds held by it at any time. In the event that the parties to this transaction have agreed to have interest on earnest money deposit transferred to a fund established for the purpose of providing affordable housing to Colorado residents, then the earnest money shall remain in an account designated for such purpose, and the interest money shall be delivered to the title company at closing. ... -~++~ ~ .nr CONDITIONS The term mortgage, when used herein, shall include deed of trust, trust deed, or other security instrument. 2. If the proposed Insured has or acquired actual knowledge of any defect, lien, encumbrance, adverse claim or other matter affecting the estate or interest or mortgage thereon covered by this Commitment other than those shown in Schedule B hereof, and shall fail to disclose such knowledge to the Company in writing, the Company shall be relieved from liability for any loss or damage resulting from any act of reliance hereon to the extent the Company is prejudiced by failure to so disclose such knowledge. If the proposed Insured shall disclose such knowledge to the Company, or if the Company otherwise acquires actual knowledge of any such defect, lien, encumbrance, adverse claim or other matter, the Company at its option may amend Schedule B of this Commitment accordingly, but such amendment shall not relieve the Company from liability previously incurred pursuant to paragraph 3 of these Conditions and Stipulations. Liability of the Company under this Commitment shall be only to the named proposed Insured and such parties included under the definition of Insured in the form of policy or policies committed for and only for actual loss incurred in reliance hereon in undertaking in good faith (a) to comply with the requirements hereof, or (b) to eliminate exceptions shown in Schedule B, or (c) to acquire or create the estate or interest or mortgage thereon covered by this Commitment. In no event shall such liability exceed the amount stated in Schedule A for the policy or policies committed for and such liability is subject to the insuring provisions and Conditions and Stipulations and the Exclusions from Coverage of the form of policy or policies committed for in favor of the proposed Insured which are hereby incorporated by reference and are made a part of this Commitment except as expressly modified herein. 4. This Commitment is a contract to issue one or more title insurance policies and is not an abstract of title or a report of the wndition of title. Any action or actions or rights of action that the proposed Insured may have or may bring against the Company arising out of the status of the title to the estate or interest or the status of the mortgage thereon covered by this Commitment must be based on and are subject to the provisions of this Commitment. 5. The policy to be issued contains an arbitration clause. All arbitrable matters when the Amount of Insurance is $2,000,000 or less shall be arbitrated at the option of either the Company or the Insured as the exclusive remedy of the parties. You may review a copy of the arbitration rules at http://www. alta. org. stewart title guaranty company All notices required to be given the Company and any statement in writing required to be furnished the Company shall be addressed to it at P.O. Box 2029, Houston, Texas 77252. v,~, w.. CITY OF ASPEN PRE-APPLICATION CONFERENCE SUMMARY PLANNER: Errin Evans, 429-2745 DATE: 08.14.09 PROJECT: Mountain Chalet REPRESENTATIVE: Craig Melville Tel: 970.925.7797 DESCRIPTION: The applicant is proposing to enclose three decks and make additions to the decks on the Mountain Chalet Lodge on the southwest side of the building. The property is currently located in the Lodge (L) zone district with a Lodge Preservation (LP) overlay and was originally approved under Ordinance 23, Series of 2001. Enclosing the existing decks will not generate any new net leasable area since the decks currently exist on each unit. The new decks will create approximately 220 new square feet of floor area which require Growth Management Review under administrative review. The applicant will also be required to amend the Planned Unit Development (PUD) as an insubstantial amendment as the property is located in a PUD. The Community Development Director has determined that Commercial Design Review will not be required. Please note that this lodge is also listed on Ordinance No. 48. The applicant will be required to meet with Historic Preservation staff to decide how to proceed with respect to historic values of the property. The Historic Preservation staff believes that the proposed changes can be reviewed as an administrative application. Relevant Land Use Code Section(s): 26.304 Common Development Review Procedures 26.710.190 Lodge zone district 26.445.100 Planned Unit Development Insubstantial Amendment 26.470.060 (5.) GMQS -Minor Expansion http:llwww.aspenpitki n.comldepts/381citycode.cfm Review by: - Staff for complete application - Referral agencies for technical considerations - Review by Historic Preservation staff Public Hearing: No Planning Fees: $735 Deposit for 3 hours of staff time (additional staff time required is billed at $245 per hour) + $212 Engineering Minor Review Fee Total Deposit: $947 Total number of application copies: 4 Copies To apply, submit the following information: 1. Total Deposit for review of application. 2. Applicant's name, address and telephone number, contained within a letter signed by the applicant stating the name, address, and telephone number of the representative authorized to act on behalf of the applicant. 3. Street address and legal description of the parcel on which development is proposed to occur, consisting of a current certificate from a title insurance company, or attorney licensed to practice in the State of Colorado, listing the names of all owners of the property, and all mortgages, judgments, liens, easements, contracts and agreements affecting the parcel, and demonstrating the owner's right to apply for the Development Application. 4. Completed Land Use Application. 5. Signed fee agreement 6. Pre-application Conference Summary. 7. An 8 1/2" x 11"vicinity map locating the subject parcel within the City of Aspen. *W.- ..., 8. Proof of ownership. 9. Site improvement survey including topography, vegetation showing the current status, existing natural and man- madefeatures, categorization of site slopes falling within the thresholds described in General Provisions, Section 26.445.040 including all easements and vacated rights of way, of the parcel certified by a registered land surveyor, licensed in the state of Colorado. (This requirement, or any part thereof, may be waived by the Community Development Department if the project is determined not to warrant a survey document.) 10. A detailed description and site plan of the proposed development including a statement of the objectives to be achieved by the PUD and a description of the proposed land uses, densities, natural features, traffic and pedestrian circulation, off-street parking, open space areas, infrastructure improvements and site drainage. An explanation in written, graphic, and 3-D model form of how the proposed development complies with the review standards relevant to the development application. Please include existing conditions as well as proposed. 11. A written response to each of the PUD review criteria contained in Section 26.445.050. 12. A written response to each of the review criteria contained in Section 26.470.060 (5) Minor Expansion of a Commercial, Lodge or mixed use development. 13. Copies of prior approvals. 14. Applicants are advised that building plans will be required to meet the International Building Code as adopted by the City of Aspen, the Federal Fair Housing Act, and CRS 9.5.112. Please make sure that your application submittal addresses these building-related and accessibility regulations. You may contact the Building Department at 920-5090 for additional information. 15. Applications shall be provided in paper format (number of copies noted above) as well as the text only on either of the following digital formats. Compact Disk (CD)-preferred, Zip Disk or Floppy Disk. Microsoft Word format is preferred. Text format easily convertible to Word is acceptable. Disclaimer: The foregoing summary is advisory in nature only and is not binding on the City. The summary is based on current zoning, which is subject to change in the future, and upon factual representations that may or may not be accurate. The summary does not create a legal or vested right. ... '`w• THE C~ITV f1F ASPFN Land Use Application Determination of Completeness Date: August 28, 2009 Dear City of Aspen Land Use Review Applicant, A~, _s We have received your land use application and reviewed it for completeness. The case number ,,a_n/d name assigned to this property is 0051.2009. 333E Durant (Mountain Chalet). l~,Your Land Use Application is incomplete: We found that the application needs additional items to be submitted for it to be deemed complete and for us to begin reviewing it. We need the following additional submission contents for you application: 1) Floor Area Calculations need to be provided for the site to verify that unused floor area is available for the propose expansion. Please submit the aforementioned missing submission items so that we may begin reviewing your application. No review hearings will be scheduled until all of the submission contents listed above have been submitted and are to the satisfaction of the City of Aspen Planner reviewing the land use application. ^ Your Land Use Application is complete: If there are not missing items listed above, then your application has been deemed complete to begin the land use review process. Other submission items may be requested throughout the review process as deemed necessary by the Community Development Department. Please contact me at 429-2759 if you have any questions. Thank You, enmfer P an, Deputy Director City of Aspen, Community Development Department C:\Documents and Settings\jennifep\My Documents\planning\Templates\Templates\Land Use Cases\Completeness Letter Land Use.doc ~esrvv.~ ~ ~sl •2oc~ . Arses, a 0 c v H File Edit Record Navigate Form Reporks Formak Tab Help :~ r,•~ i rte: '~ ~ ~., ~ y~ J ,' I i ,~ - ~ ._... Custom Fields Fees Fee Summary Valuation Actions Routing History Conditions Parcels Sub Permits z 0 rn Vi Permit Type _ Permit # 0051,2009.ASLU Address 333 E DURANT AVE ~ AptfSuite City iASPEN State CO Zip 81611 ?~ - Permit Information Master Permit ~ Routing Queue aslu07 Applied 08f25f2009 Project ~ Status pending Approved ~J D ~-- - Issued ~ Final ,ADDITION OF DECKS OF 221 S.F. Submitked CRAIG MELVILLE 925.7797 ~~ a~3~-~8 -2'~5-on.~ '~ ~' ~ Jump 1 ~ ... .1 ~ I 333 E DURANT ASPEN CO 81611 Last Name MOUNTAIN CHALET ~ First Name I 1333 E DURANT (ASPEN CO 81611 Phone Cust # 28653 ---- -- :nder __ _... -- - Last Name ~ First Name -- _ ---- Phone :plicant ,~~ ~~~ Last Name MOUNTAIN CHALET ~ First Name Phone Owner IsApplicank? Clc. $~4 ~.~a ~~ ~ ~a6~~ ~;~v ~- 262 Z. Clock Running Days ~ Expires OSJ24f2010 .~