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HomeMy WebLinkAboutLand Use Case.CU.219 E Durant Ave.1985-CU-1~> MEMOAANDUP[ T0: FROM: RE DATE: --~. ., f Aspen Planning and Zoning Commission Colette Penne, Planning Office Chart House - Conditional Use and Exemption from Growth Management February 5, 1985 _____________________________________~________^__~_____________= Y-x=~ LOCATION: 219 E. Durant Avenue BONING: L-1 APPLICANT'S RBQUEST: The applicant is requesting exemption from growth management and an expansion of heir Condition Use Permit for 500 additional square feet. PLAPNING OFFICE RE9IEw: Section 24-11.2 (h) allows exemptions from growth management for the expansion of an existing commercial use by not more than 500 square feet for the purpose of providing a small addition of space which can be shown to have minimal or manageable impact upon the community -and can b2 justif.ied by the benefit which will accrue to the wmmunity. To substantiate that any resulting impact is minimal. or manageable, findings should be made that: a. A minimal number of additional employees are generate3 by the expansion or the application will provide additional employee housing; b. A minimal amount of additional parking demand will be created or that parking can be accommodated on site; c. There is minimal visual impact on the neighborhood; and d. Minimal new demand is placed on services available at the site such as: (1) water; (2) Sewer; (3) Roads; (4) Drainage; and (5) Fire Protection. In addition, since restaurants are a conditional use in the L-1 zone, the suitability of an expansion should be determined by considering the following criteria: a. Whether the proposed use otherwise complies with all requirements imposed by the zoning Code; b. Whether the proposed use is consistent with the objectives and purposes of this zoning code ar,d the applicable zoning district; and c. If the proposed use is designed to be compatible with surrounding land uses and uses in the area. The proposed additions meet all area and bu1R requirements (although there are existing non-conformities in other setbacks) and the location of tk~,e restaurant within the L-1 ::one is compatible with the surrounding uses and convenient. The location on Durant Avenue :~af:es the Chart Rouse accessible by public transportation, pedestrian usage, and although the current parking spaces are in on-street locations (mostly ~ i ..~ along Monarch) there is easy automobile access which appears to be very workable. There is also a parking lot to the southwest of the Restaurant which is mostly used by skiers during the day. The restaurant presently has a footprint area of 5716 square feet and proposes to expand by 500 square feet. The resulting FAR on the site will be approximately .52:1, while the district allows an external FAR of 1:1. Approximately 508 of the site will be apen space. The L-1 zone requires at least 258 open space. The requirements for height and distance between buildings are also met. a The additions will be made along the rear of the building facing Dean Street and at the southwest corner. This placement is sensitive and will have minimal visual impact on the neighborhood. The square footage will accommodate a larger lounge/waiting area, a seafood bar and expansions in storage and office space. The breakdown is as follows: Lounge (4.5 x 28) 126 sq. ft. Storage (14.5 x 6) 87 Office (14.5 x 8) 116 ' Bar (10 x 16.9) ],69 TOTAL 498 sq. ft. Larger restrooms are being built and the circulation between the. bar area and the dining room is being upgraded. Office and storage space is being lost to accommodate the restroom expansion and will be replaced as .part of this proposal. The bar and waiting area is currently inadequate for the dining capacity of the restaurant, but no add__.' nal dining capacity---will result from his expansion. The Engineerin partment reports that they-do not anticipate' an increase in water usage, trash generation, etc. Additional parking requirements may not be generated, but the addition of the two parking spaces as shown in the alternative plan will help to alleviate any resulting problem. Lastly, since seating capacity for dining is not being expanded, no new employees will be generated. 'r PLANAING OFFICE RECOMMENDATION: The Planning Office recommends approval of Special Review for the purpose of a GMP exemption for the expansion of the Chart House Restaurant by not more than 500 sg. ft. and an expansion of the existing Conditional Use Permit with the following condition: 1. The two parking spaces shown on Alternative #1 be instituted. r r ~ , ~ -:- V Y~ i r ~. ~ ,, y. t ~, ~ , ; ~ 7. ~ ~ ~ _ ~ . ~ .. _ . ~i .S . i ~ ~ i , _S1 , \l I 't ~ -~+ ,, ; , f ~ ~/ 4 i t i ... s / f !' ~ Y __. ~ AYE.. ~ ~ Y \ ~~ l L.A_ ~ ~ ~ ~ ~,:'~._ l/\_ ~ ~ y, ' Y~~-~ 4 r ~ ~ Y ~ ~ Y 1'~ f L. ~ ~ ~- ~ f~' ., ~ ~ % 1 J ~ c t ~r v t ~ . f•, ,; ~ ~ ~~~~ ,.~ , ~, ~~~~ ~: j 2 .~, ,,.,, ,,, __ _ ~, _ "~ ~" .+ THOdfAS WELLS 8. ASSOCIATES ARCHITECTS 71450t1TN~MILI STREET ASPE N. COLORADO 616 t1 TELEPHONE 303923-7919 Deceaber 31, 1984 Aspen Planning and Zoning Commission P. Q., Box V Aspen CO 81b11 Re: ChartHouse Restaurant Dear Members; EncIlosed are four copies of the drawings of proposed renovations and additions to the subject project together with a check for the S68Dw..00 application fee. Proof of ownership and lease will be submitted under separate cover. Per our telephone conversation with Alaxr.Ri.chaond of last week, we are requesting that this. application be included on the agenda o£ your Ee'bruary 5th meeting. ~ The priaary intent of the proposed work is to prolfide lar er public restrooms_as well as new circulation between the-Bar Area and the Dining Room in floe exitsting building. There will be no additional dining capacity. The additional --. _ floor area indicated, which meets the SOO agwnre foot GMP exemption provision. is to make up for the office and storage spaces lost by the restrooa expansion, and to provide a small aawnt of Bar and Waiting Area which is now inadequate for the existing dining capacity. The existing building is a conditional use in the:L-1 zone, and the setbacks, parking, etc. are existing nonconforming conditions. All new•work is within the required setback lines, and: since no additional dining capacity is being provided, there will be no increase in stay, existing non-conformity. V t y truly\yo~jurs, RC~~C..+a2S ~~...~gQSe hate '. 1~~ T~,..~ Thomas O_rWCel/1's ~V.C~ 1.-~~~~.~..~ `..AS 6.\`D~.~ A Architect l.t `O aJlv,k . C' \'[L/•""• A~ S \ Cam- ~ `'4 .ti ~^-'' ~- ~ ,.. .., MEMORANDUM To: Colette Penne ''00/~n/ From: Elyse Elliott"~D/e Date: January 25, 1985 ,, ~. Re: Chart House Restaurant Addition Special Review Upon reviewing the application and making a site inspection of the Chart FIouse Restaurant, which is in the L-1 zoning district, the Engineering Department has the following comments: L-1 zoning dictates that there be 258 open space per building site. The restaurant presently has a footprint area of 5716 square feet and proposes an addition of 500 square feet for a total area of 6217 square feet. This will leave 488 open space on their site of 11,962 square feet. The proposed addition is located along the side and in the rear of the restaurant. It will not affect the restaurant's compliance to front, side and rear yard setback requirements. The restaurant will also continue to meet the criteria for height, distance between buildings and floor area ratio. Since the proposed addition is to enlarge the restrooms and waiting area, an increase in customers is not foreseen. Therefore, we do not anticipate an increase in water usage, trash generation or parking requirements. However, we feel that the applicant's alternative plan (labeled Alternative 41) , wY.::.:i allows for the addition of two parking places would help to alleviate the parking problem at the Chart House Restaurant. For these reasons, application. we see no problem with this Special Review '~ .~ _..., Jr. _. __-_ 1~ }r ,•., w r - f, CITY ~ ~~PEhT j 130 south galena street aspen, Colorado 81611- ``303-925-2020 ., MEMORANDUM DATE: January 14, 1985 TO: Colette Penne, .P,~lJ~anning Office FROM: City Attorney/~i-~_ RE: Chart House Special Conditional Use Review Under Section 24-11.2(h) the Chart House may make this expansion of less than 500 square feet subject to the special review of the Planning and Zoning Commission. The Commission must find the __ following: 1. A minimal or manageable impact on the community, and 2. That the expansion can be justified by the benefit which will accrue to the community. For the first requirement, the Commission should make findings that: (a) A minimal number of additional employees are generated by the expansion or the application will provide addi- tional employee housing; (b) A minimal amount of additional parking demand will be created or that parking can be accommodated on site; (~c) There is minimal visual impact on the neighborhood; and (d) Minimal new demand is placed on services available at the site such as (1) water; (2) Sewer; (3) Roads; (4) Drainage; and (5) Fire Protection. The applicant has, at the behest of the Planning Office, submitted two plans. One of these plans shows two required parking spaces on-site. The Commission may require the addition of those two parking spaces if they feel that the addition of this square foot- age will not constitute a minimal amount of additional parking demand. MU/mc T0: Aspen Planning and Zoning Commission FROM: Colette Penne, Planning Office RE: Chart House - Conditional Use and Exemption from Growth Management DATE: February 5, 1985 LOC~TIOP: 219 E. Durant Avenue ZOHIPGs L-1 APPLICBNT'S RSQOffiT: The applicant is requesting exemption from growth management and an expansion of their Condition Use Permit for 500 additional square feet. PLAPPING OFFICE RSVIBA: Section 24-11 .2 (h) allows exemptions from growth management for the expansion of an existing commercial use by not more than 500 square feet for the purpose of providing a small addition of space which can be shown to have minimal or manageable impact upon the community and can be justified by the benefit which will accrue to the community. To substantiate that any resulting impact is minimal or manageable, findings should be made that: a. A minimal number of additional employees are generated by the expansion or the application will provide additional em ployee housing; b. A minimal amount of additional parking demand will be created or that parking can be accommodated on site; c. There is minimal visual impact on the neighborhood; and d. Minimal new demand is placed on services available at the site such as: (1) Water; (2) Sewer; (3) Roads; (4) Drainage; and (5) Fire Protection. In addition, since restaurants are a w nditional use in the L-1 zone, the suitability of an expansion should be determined by considering the following criteria: a. whether the proposed use otherwise complies with all requirements imposed by the zoning Code; b. Whether the proposed use is consistent with the objectives and purposes of this zoning code and the applicable zoning district; and c. If the proposed use is designed to be compatible with surrounding land uses and uses in the area. The proposed additions meet all area and bulk requirements (although there are existing non-conformities in other setbacks) and the location of the restaurant within the L-1 zone is compatible with the surrounding uses and convenient. The location on Durant Avenue makes the Chart House accessible by public transportation, pedestrian usage, and although the current parking spaces are in on-street locations (mostly along Monarch) there is easy automobile access which appears to be very workable. There is also a parking lot to the southwest of the Restaurant which is mostly used by skiers during the day. The restaurant presently has a footprint area of 5716 square feet and proposes to expand by 500 square feet. The resulting FAR on the site will be approximately .52:1, while the district allows an external FAR of 1:1. Approximately 508 of the site will be open space. The L-1 zone requires at least 258 open space. The requirements for height and distance between buildings are also met. The additions will be made along the rear of the building facing Dean Street and at the southwest corner. This placement is sensitive and will have minimal visual impact on the neighborhood. The square footage will accommodate a larger lounge/waiting area, a seafood bar and expansions in storage and office space. The breakdown is as follows: Lounge (4.5 x 28) 126 sq. ft. Storage (14.5 x 6) 87 Office (14.5 x 8) 116 Bar (10 x 16.9) 169 TOTAL 498 sq. ft. Larger restrooms are being built and the circulation between the bar area and the dining room is being upgraded. Office and storage space is being lost to accommodate the restroom expansion and will be replaced as part of this proposal. The bar and waiting area is currently inadequate for the dining capacity of the restaurant, but no additional dining capacity will result from this expansion. The Engineering Department reports that they do not anticipate an increase in water usage, trash generation, etc. Additional parking requirements may not be generated, but the addition of the two parking spaces as shown in the alternative plan will help to alleviate any resulting problem. Lastly, since seating capacity for dining is not being expanded, no new employees will be generated. PLJiPPIPG OFFIC& RBCOl1!lSPDATIOA: The Planning Office recommends approval of Special Review for the purpose of a GMP exemption for the expansion of the Chart Bouse Restaurant by not more than 500 sq. ft. and an expansion of the existing Conditional Use Permit with the following condition: 1. The two parking spaces shown on Alternatiyve #1 be instituted. THOMAS WELLS & ASSOCIATES ARCHITECTS 314 SOUTH MILL STREET ASPEN, COLORAOO 81611 TELEPHONE 303 925-7817 February 4, 1985 Aspen Planning and Zoning Commission PO Box V Aspen, CO 81611 Re: Chart House Restaurant Dear Members: I have reviewed the planning sta££ memorandum on the subject project and would like to add the Following comments: Although the alternate site plan indicates two parking stalls as requested by the planning o££ice, 2 do not Feel that the addition o£ these two stalls is a practical suggestion. Most important is that at least two street spaces would be lost in order to gain the new spaces within the property. Secondly, the existing retaining wall would have to be relocated to accommodate the grading required. This would seem to be an unreasonable expense For the questionable gain o£ the two stalls indicated. V ry trul ~c'G/s, r Thomas 0. Wells Architect CHE Inc. PUBLIC NOTICE Iln, I Ji~IN f 4~ RE: CHART HOUSE CONDTTIONAL USE REVIEW NOTICE IS HEREBY G1VEN that a public hearing will be held on February 5, 1984, at a meeting to begin at 5:00 P. M., before the Aspen Planning and Zoning Commission, in Aspen City Council Chambers, 130 S. Galena Street, Aspen, Colorado, to consider conditional use review for an expansion of approximately 500 square feet to the Chart House Restaurant which is located within the L-1 zone district. Restaurants are subject to conditional use review within the L-1 zone district. For further information, contact the Planning Office, 130 S. Galena Street, Aspen, Colorado 81611 (303) 925-2020, ext. 225. s/ferry Harvey Chairman, Aspen Planning and Zoning Commission Published in the Aspen Times on January 17, 1985. City of Aspen Account. ~_ JI 1 Z ~ ~~ PROJECT NAME: APPLICANT: l(. Applicant Address/P R EPRES ENTAT IV E Representative Addr Type of Application: CASELOAD SUMMARY SHEET City of Aspen CASE NO..~A STAfFF: C_ C~...~;~a..,l Vii? I. G11P/SUBDIV IS IOM/PUD ( 4 step) Conceptual Submission ($2,730.00) _ Preliminary Plat ($1,640.00) Final Plat ($ 820.00) II. SUBDIV IS IOII/PUD ( 4 step) ._ Conceptual Submission ($1,900.00) Preliminary Plat ($1,220.00) Final Plat ($ 820.00) III. EXCEPTION/EXEIiPTIO17/P,EZGNIPIG (2 step), ($1,490.00) _~ n~_ cnFr7AL REUIEI9 (1 step) ($ «~ ~~~ / ~ Special Reviee: Use Determination Conditional Use Other P&Z CC i1EETING DATE: ~e-'O ~ PUBLIC HE I G: YES NO DATE REFERRED: I~ 'INITIALS: REFER.RALS:------____°____________________________ '_____-____________ ~// City Atty Aspen Consol. S. D. School District City Engineer tit n. Bell Rocky Eitn. Nat. Gas _ Housing Dir. Parks -Dept. State Hwy Dept (GlerN~d} Aspen I•later Holy Cross Electric State Hwy Dept (Gr.Jtn) City Electric Fire llarshall ~ Bldg: Zoning/Inspectn Envir. Hlth. Fire Chief Other: FINAL UTING: / DATE ROUTED: ti IP]ITIAL:.~ City Atty City Engineer / Building Dept. UUU 0th er • Other FILE STATUS APID LOCATIOPi:s~e-wv ~„~(,a CASE DISPOSITION: _ z `r::: Reviewed by: ,Aspen P&Z City Council ~~-Q„` 1 /~ ,,, i l ~ ; f - I /``1~ Ill :,c,~R -1 t ~~+.((~I '~`-._}1 '., ~. ~ .1 ~~ ~~i..,)+~0._~ "i }~J~~ i nI II 1 ~ r I t 1`1vC\Y%~ ~i~ ~1~1 ~,,I c~hn.;0/71 -..l~ilr~1-1 e~i .<!n~ .lam n .;~1. ~_ _J/ //' r. n..~.. r,~~~.r .w', . G~~' r-~ tw f . ~I S a<r°~ r ~. Reviewed By: j Aspen P&Z City Council CASE NO/~. Al L• B~ /5, - ®`EC-RL IS T CASE NAME: L ~>~RT I~fVI~~ •~~R'IQC~~~ //~ 1. RECEIPT PREPARED 2. 3. 4. 5 6. 7. 8. 9. 20. CASE LOGGED Ol'I ADJACENT PROPERTY Q7NERS NOTIFICATION IIJITIAL/NA* CASE ASS IGNED IdUPiBER ~C/ NUfIBER LOGGED Ild ACCOUI7TIISG BOOKS ~~y I7UIIBER LOGGED Oid BULLETIN BOARD LIST CASELOAD SUI•IIdARY SHEET PREPARED CASE ASS IGIIED DliTE FOP, FIRST/`PdLY REV IE47 '~~..i CASE LOGGED II7 BLACY. B 00 K ~'- CASE LOGGED OId ADJACENT PFOPERTY 06.71dER5 NOTIFICATION REFERRAL IlEI70 PPEPARED AND SENT OUT 10. PUBLIC 170TICE PREPAPED 11. DATE BY i,]HICH BUST BE PUBLISHED: 12. DATE BY i'7HIC'H [iUST BE NAILED TO ADJACENT PROPERTY Oi7NERS: /'/9•SS 13. PUBLIC bIOTICE TAKEN TO AS~,PEi7 TIDIES (Date Published: I 1 ~S ) 14. DATE PUBLISHED LOGGED ON ADJACENT PROPERTY Oi9idERS NOTIFICATIpI7 LIST 15. PUBLIC IIOTICE I'11ILED TO AIa7ACEIdT PROPERTY Oi^7NERS (Date [?ailed: ) 16. DATE MAILED LOGGED. Oid ADJACENT PROPERTY 0671dERS t70TLFICATI0D1 LIST 17. PUBLIC IdOlICE I'IAILED TO APPLICANT(S) (Date 1?ailed: ) AFTER FIRST REVIEW F APPLICABLE 18. CASE ASS IGNED 1]ATE FOR SECOND REV IEP7 19 . CASE RE-LOGGED IN BLACP: E OOIi Case ido. -Checklist Page 2 21. PUBLIC NOTICE PREPARED 22. DATE BY I~7HIC`I IfUS1 BE PUBLISHED: 23. DATE BY i•7HICH RUST BE 1'IAILED TO ADJACENT PROPERTY OU7I]ERS 24. PUBLIC tIOTICE TAKEbi TO ASPEP3 ^tII.]ES (Date Published: ) 25. DATE PUBLISHED LOGGED Oid ALUACEP?T PROPERTY Oi•IP7ERS PIOTIFICATIOf7 LIST 26. PUBLIC NOTICE PIAILED TO ADJACENT PROPERTY (X4PIERS (Date Bailed: ) 27. DATE I1IILED LOGGED ON ADJACEP?T PROPEL TY O49NERS NOTIFICATION LIST 28. PUBLIC NO1^ICE P•'lAILED TO APPLICAPIT(S) (Date I7ailed• ) AFTER REV IEW COEIPLETED 29. COPY OF RESOLUTION/ORDIP7AD]CE OBTAINED APID IN FILE 30. CASELOAD SUPIBIARY SHEET ROUTED t'7/FILE (if applicable) *NA =Not Applicable MEMORANDUPI To: Colette Penne n From: Elyse Elliott"~Je Date: January 25, 1985 Re: Chart House Restaurant Addition Special Review Upon reviewing the application and making a site inspection of the Chart House Restaurant, which is in the L-1 zoning district, the Engineering Department has the following comments: L-1 zoning dictates that there be 25~ open space per building site. The restaurant presently has a footprint area of 5716 square feet and proposes an addition of 500 square feet for a total area of 6217 square feet. This will leave 48~ open space on their site of 11,962 square feet. The proposed addition is located along the side and in the rear of the restaurant. It will not affect the restaurant's compliance to front, side and rear yard setback requirements. The restaurant will also continue to meet the criteria for height, distance between buildings and floor area ratio. Since the proposed addition is to enlarge the restrooms and waiting area, an increase in customers is not foreseen. Therefore, we do not anticipate an increase in water usage, trash generation or parking requirements. However, we feel that the applicant's alternative plan (labeled Alternative #1), whic:7 allows for the addition of two parking places would help to alleviate the parking problem at the Chart House Restaurant. For these reasons, we see no problem with this Special Review application. CITY 130 asp ,;.~ 2 119E15 DATE: January 14, 1985 TO: Colette Penne, Planning Office FROM: City Attorney/~~- ~~, RE: Chart House Special Conditional Use Review Under Section 24-11.2(h) the Chart House may make this expansion of less than 500 square feet subject to the special review of the Planning and Zoning Commission. The Commission must find the following: 1. A minimal or manageable impact on the community, and 2. That the expansion can be justified by the benefit which will accrue to the community. For the first requirement, the Commission should make findings that: (a) A minimal number of additional employees are generated by the expansion or the application will provide addi- tional employee housing; (b) A minimal amount of additional parking demand will be created or that parking can be accommodated on site; (c) There is minimal visual impact on the neighborhood; and (d) Minimal new demand is placed on services available at the site such as: (1) Water; (2) Sewer; (3) Roads; (4) Drainage; and (5) Fire Protection. The applicant has, at the behest of the Planning Office, submitted two plans. One of these plans shows two required parking spaces on-site. The Commission may require the addition of those two parking spaces if they feel that the addition of this square foot- age will not constitute a minimal amount of additional parking demand. SPEN reet 1611 MU/mc ,v ., THOMAS WELLS ~ ASSOCIATES 4RCHITECTS 3t4 SOUTH MILL STREET ASPEN. COLORADO 6t6t1 TELEPHONE 303 925-7Bt7 December 31, 1984 Aspen Planning and Zoning Commission P. 0. Box V Aspen CO 81611 Re: ChartHouse Restaurant Dear Members; Enclosed are four copies of the drawings of proposed renovations and additions to the aub~ect project together with a check for the 5680.00 application fee. Proo£ of ownership and lease will be submitted under separate cover. Per our telephone conversation with Alan Richmond of last week, we are requesting that this application be included on the agenda of your February 5th meeting. The primary intent o£ the proposed work is to provide larger public restrooms as well as new circulation between the Bar Area and the Dining Room in the exitsting building. There will be no additional dining capacity. The additional floor area indicated, which meets the 500 square foot GMP exemption provision, is to make up for the office and storage spaces lost by the restroom expansion, and to provide a small amount of Bar and Waiting Area which is now inadequate for the existing dining capacity. The existing building is a conditional use in the L-1 zone, and the setbacks, parking, etc. are existing non-conforming conditions. All new work is within the required setback lines, and since no additional dining capacity is being provided, there will be no increase in any existing nonconformity. V,ry truly yours, n D 2u sewn (QS ~~~Q3e r (o-~c'. '{~~ ~~ IIf \l~l/Ij/J/"'~ ~`~QeS ~C.S'S OG `~ P\A h.....~ ~O FpF~<et Thomas 0. Wells \~D~ p,.~~~~~e,~ `,t,s sti~~.i+~-X- ~ Architect (~ ( p 1 1 f /~ Se- Cq t-.Y- S l'~2. Q W ~. t7~ ^^F`~+ ~ ~.., ` `A ~0 t+`o~. Z nog...-a.11~ @+~~...~ 5~.,..,c~,r ~o k (,~ r ... . LEASE 1. PARTIES This lease is entered into on _~~~ / ~ 1972, between THE CHART HOUSE CORPORATION, a Colorado corporation, (referred to as~~Lesso:e°)and CHART HOUSE ENTERPRISES, a publicly- held California corporation, (referred to as"Lessee!'). 2. LEASED PREMISES Lessor hereby leases to Lessee that certain improved real property commonly referred to as "Chart House Restaurant", Aspen, Colorado, and more particularly described in Exhibit "A", which is attached and incorporated by reference (referred to hereafter as the "Leased Premises"). 3. TERM 1. Commencement: The term of this lease shall be for twenty (20) ye~a^rs commencing on S'E/~7- ~~ 1972 and ending on _J~~-/.S 1992. 2. Option to Renew: Lessee, upon giving Lessor written notice at least one (1) year prior to the expiration of the term of this lease, shall have one (1) five (5) year option to renew this lease upon the same terms and conditions contained herein. 3. Use: ! The Leased Premises may be used and occupied during the term hereof only for the purpose of conducting and operating a restaurant and bar. business comparable in quality AAq ° A ~J ~e/ 30. ENTIRE AGREEMENT; MODIFICATION This lease contains the entire agreement between the parties, and any executory agreement hereafter made shall be ineffective to change, codify, or discharge it in whole or in. part, unless such executory agreement is in writing and signed by the party against whom enforcement of the change, modifica- tion, or discharge is sought. 31. PARAGRAPH HEADINGS The underscored word or words appearing at the commence- ment of paragraphs and subparagraphs of this lease are included only as a guide to the contents thereof, and are not to be con- sidered in the construction of this lease. IN WITNESS WHEREOF, the Lessor and the Lessee have executed this lease as of the day and year first above written. THE CHART HOUSE CORPORATION, a Color~do corporation By-7 ~ .~~ Its ppEs By Its "LESSOR" CHART HOUSE ENTERPRISES, a Cali orni~ co oration J~` C/ r By ~~ ' Its By Its -33- "LESSEE" • ~ ~ *e... ~r .. EXHIBIT "A" Lots 6, 7, 8 and 9, Block 3, Eames Addition, City and Townsite of Aspen, Colorado. 2.04 P April 23 1973..._...._........._....Lu:.ia ~ ' t-, Recorded at....._.. _. ~.........._..-...o clock... _...._.M., _..... ...._..... r_.. _...__, ~ I t1 ~~ •.. ' „ , _ ;`- ~, Reception No.._ •. ,3119 .__........_PeSSy..li__,.Miklich...--- :.---------..Recorder. RECORDER'S STAMP THIS DEED, Made this 2nd day of January , 19 73 ,between THE CHART HOUSE CORPORATION, a Colorado Corporation, of the first part, and HERBERT P.BALDERSON as to an undivided 1/3~in- terest, ALFRED E• B~NT, a's to an undivided 1/3 e&tdaz £loa~Blr£ a~$t~ad`zQ~ae P~3dliSElt~1}cFas>yx~i interest, and JOSEPH B. CABELL, as to an undivided 1/3 interest, SiA7E D-C-MEhTGRI FEE f~Pn N 3 197 !S _~ ------- of the County of and State of Colorado, of the second part ; WITNESSETH, That the said part y of the first part, for and in consideration of the sum °f ONE HUNDRED FIFTY THOUSAND and 00/100 ($150,000.00) and other valuable considerations, Dollars, to the said party of the first part, in hand paid by the said part ies of the second part, the receipt whereof is hereby confessed and acknowledged, ha s granted, bargained, sold and conveyed, and by these presents do e s grant, bargain, sell, convey and confirm unto the said part ies of the second part, their heirs and assigns forever, all the following described lot or parcel of land, situate, lying and being in the County of Pitkin and State of Colorado, to wit Lot 6, 7, 8 and 9, Block 3, Eames Addition to the City and Townsite', of Aspen, Colorado, which property is also described as Lots 6, 7 I 8 and 9, Block 3, Eames Addition to the City and Townsite of Aspen and also that part of Lots 6, 7, 8 and 9 within the City and Town- site of Aspen, County of Pitkin, State of Colorado. Together with all and singular the hereditamenta and appurtenances thereunto belonging, or in any- wise appertaining, and the reversion and reversions, remainder and remainders, rents, issues and profits thereof; and all the estate, right, title, interest, claim and demand whatsoever, of the said party of the first part, either in law or equity, of, in and to the above bargained premises, with the hereditaments and appurtenances; TO HAVE AND TO HOLD the said premises above bar- gained and described, with the appurtenances, unto HERBERT P. BALDERSON, ALFRED E• BENT and JOSEPH B. CABELL the said part ies of the second part, their heirs and assigns forever. Andfha~id THE CHART HOUSE CORPORATION, a Colorado Corporation party of the first part, for it self heirs, executors and administrators, do e s covenant, grant, bargain and agree to and with the said parties of the second part, their heirs and assigns, the above bargained premises in the quiet and peaceable possession of said part ies of the second part, their heirs and assigns, against all and every person or persons lawfully claiming or to claim the whole or any part thereof, by, through or under the said part Y of the first part to WARRANT AND FOREVER DEFEND. IN WITNESS WHEREOF, The said party of the first part has hereunto set its hand and seal the day and year first above written. Signed, Sealedand Delivered in the presence of THE.-GHART._HOUSE...CORPORc(SEAL] //' r7 AT ION Color ~° Corporation; ~~~ '/" ~~j --- --•--- -------- --------- By~ - / ~-~Cj-~'--(SEAL] ---- ---- - . - S' ecre~ry ~ Fresi3ent -- -- .,` _ " - --- --- ----- --°-- - --°-°- -°-- --°- - -- - ---- --------(SEAL] STATE~OF COiARADO, l ,,,~ Conn~r of JJJ 'b, ,:: The foregur`ng.iflstidmenC ytraf+.aclvldwledged before me this 2/- day of l<%<'-`'`"`-' , Is73 ~,kr?__HFsRBE~4`••p~, BALDERSON, as President, and attested by ALFRED=~:-BENT;-:as~.$>rcretary of THE CHART HOUSE CORPORATION, a C- v~ 1 - W(/~/,- my,hand end f~ic' My cumaiission~pafpires- ~±-y_ ~ •.L 9 ~ 3 itness~ `l~7 I cal. Colorado.;corporatigch ~~ -,~_ !T~.,-l~~'/C/'/o'~'~~~~~ c., ,. ~.,., ,.. , ; ~, ~~ 1 ,~ Nof~r) Public. •If by natural Derson or persona here laeert name or names ; if by person acting to teDreeentative or official capacity or u attorney-tn-tent. then insert name of D~non u executor, attorneyy-in-fact or other Capacity or description; If by officer of oor- poratloa teen Iveert name of such officer or offlcens, as the yreeiden[ or other offloere o[ such corporatln, naming 1t.-arorurory dckmm~~edDmrnt, 8eaaba 38E7. _ .-... _-. ..... n--~ n..lsAn_1M191 I hereby certify that on this: day of ~ ~'~~~ 198~~ a true and correct copy of the attached Noti~ a of Pub .ic Hearing was deposited in the United States mail, first-class postage prepaid, to the adjacent property owners as indicated on the attached list of adjacent property owners which was supplied to the Plannaing Office by the applicant in regard to the case named on the public notice. /% Nancy Crel~l' „. ,, ., PUBLIC NOTICE RE: CHART HOUSE CONDITIONAL USE REVIEW NOTICE IS HEREBY GIVEN that a public hearing will be held on February 5, 1984, at a meeting to begin at 5:00 P. M., before the Aspen P1 anning and Zoning Commission, in Aspen City Council Chambers, 130 S. Galena Street, Aspen, Colorado, to consider conditional use review for an expansion of approximately 500 square feet to the Chart House Restaurant which is located within the L-1 zone district. Restaurants are subject to conditional use review within the L-1 zone district. For further information, contact the Planning Office, 130 S. Galena Street, Aspen, Colorado 81611 (303) 925-2020, ext. 225. s/Perry Harvev Chairman, Aspen Planning and Zoning Commission Published in the Aspen Times on January 17, 1985. City of Aspen Account. Transamenc~ Title Insurance Services 111111 Transamerica Title Insurance Compaq, 76aH$ss476L~Cx$iX69C ~tt~~4: 601 E. Hopkins Aspen, Colorado 81611 (303)925-1766 THE CITY OF ASPEN 130 SOUTH GALENA ASPEN, CO. 81611 ATTN: PLANNING & ZONING ENCLOSED IS THE LIST OF OWNERS WITHIN 300 FEET OF THE CHART HOUSE RESTAURANT, LOCATED ON LOTS 7, 8 and 9, BLOCK 3, EAMES ADDITION T07HE CITY AND TOWNSITE OF ASPEN. LOTS A & B, BLOCK 77, CITY AND TOWNSITE OF ASPEN OWNER: AUGUSTA & MARY HALLUM 410 SOUTH ASPEN ST. ASPEN, CO. 81611 LOTS C THROUGH I, inclusive, BLOCK 77, CITY AND TOWNSITE OF ASPEN OWNER: LEROY PARS 228 E. COOPER ASPEN, CO. 81611 LOTS K THROUGH U, inclusive, BLOCK 77, CITY AND TOWNSITE OF ASPEN OWNER: RICHARD & HELEN SABBATINI C/0 HOLLAND & HART 600 E. MAIN ST. ASPEN, CO. 81611 LOTS P THROUGH S, inclusive, BLOCK 77, CITY AND TOWNSITE OF ASPEN OWNER: ASPEN PIANOR LODGE, LTD. 411 S0. MONARCH ST. ASPEN, CO. 81611 LOTS 9, 10, 11, 12 and 13, BLOCK 6, EAMES ADDITION TO THE CITY. AND TOWNSITE OF ASPEN AND LOTS A, B, C and D, BLOCK 84, CITY AND TOWNSITE OF ASPEN & C R'S tDDITION OWNER: HAMS B. & JUNE CANTRUP C/0 SPENCER SCHIFFER EXC. OFFICER P.O. BOX 388 ASPEN, CO. 81612 LOTS E THROUGH I, inclusive, BLOCK 84, CITY AND TOWNSITE OF ASPEN OWNER: MOUNTAIN CHALET ENTERPRISES 333 EAST DURANT ASPEN, CO. 81611 LIFT ONE CONDOMINIUMS LIFT ONE CONDOMINIUM ASSOCIATION/THE ASPEN CLUB 131 E. DURANT, ASPEN, CO. 81611 ----CONTINUED---- OWNERS LIST CONTINUED: LOTS 4, 5, 6 and 7, BLOCK 8, EAMES ADDITION TO THE CITY AND TOWNSITE OF ASPEN OWNER: JOHN & FRANK DOLINSEK P.O. BOX 275 ASPEN, CO. 81612 ALL OF BLOCK 7, EAMES ADDITION TO THE CITY AND TOWNSITE OF ASPEN ALL OF BLOCK 83, CITY AND TOWNSITE OF ASPEN OWNER: THE CITY OF ASPEN 130 S0. GALENA ST. ASPEN, CO. 81611 LOTS R & S, BLOCK 70, CITY AND TOWNSITE OF ASPEN AND LOTS 8 & 9, BLOCK 2, EAMES ADDITION TO THE CITY AND TOWNSITE OF ASPEN OWNER: HAYAN AL-ZAHID, TRUSTEE C/0 PINES LODGE 411 SOUTH ASPEN ST. ASPEN, CO. 81611 THE ABOVE NAMES AND ADDRESSED WERE OBTAINED FROM THE RECORDS OF THE PITKIN COUNTY TREASURER'S OFFICE ON JANUARY 18, 1985. TRANSAMERICA TITLE INSURANCE COMPANY VINC N HIGENS MANAGER PITK UNTY OPERATIONS PLEASE ALSO SEND NOTICE T0: AZTEC CONDOMINIUM ASSOCIATION- 6 UNITS 131 EAST DURANT ASPEN, CO. 81611 MEMORANDUM T0: City Attorney City Engineer Building Department FRGM: Colette Penne, Planning Office RE: Chart House Special/Conditional Use Review DATE: January 9, 1985 Attached for your review is an application submitted by Tom 4iells cr. beh alf of The Chart House Restaurant, requesting special review and conditional use review approval for the expansion of The Chart House Restaurant, located on the southwest corner of Monarch and Durant. The expansion is proposed to be within the 500 square foot limitation for exem ption from growth management. The applicant proposes to expand the restrooms, bar and waiting area and to rebuild the office and storage areas. Please review this application and return your referral comments no later than January 22nd, in order far this office to have adequate time to prepare for its presentation before the Planning and Zoning Commission at a public hearing on February 5, 1985. Thank you. PQBLIC NOTICB RB: CHART HOIISB CONDITIOPAL DSB REVIBW NOTICB IS HBREBY GIVB9 that a public hearing will be held on February 5, 1984, at a meeting to begin at 5:00 P. M., before the Aspen Planning and Zoning Commission, in Aspen City Council Chambers, 130 S. Galena Street, Aspen, Colorado, to consider conditional use review for an expansion of less than 500 square feet to the Chart House Restaurant which is located within the L-1 zone district. Restaurants are subject to conditional use review within the L-1 zone district. For f urther information, contact the Planning Office, 130 S. Galena Street, Aspen, Colorado 81611 (303) 925-2020, ext. 225. Chairman, Aspen Planning and Zoning Commission Fublished in the Aspen Times on January 17, 1985. City of Aspen Account. ~/ ,... THOMAS WELLS & ASSOCIATES ARCHITECTS 314 SOUTH MILL STREET ASPEN, COLORADO 81611 TrLHPHONE 303925-7817 December 31, 1984 Aspen Planning and Zoning Commission P. 0. Box V Aspen CO 81611 Re: ChartHouae Restaurant Dear Members; Enclosed are four copies of the drawings of proposed renovations and additions to the aub7ect project together with a check for the 5680.00 application £ee. Proof of ownership and lease will be submitted under separate cover. Per our telephone conversation with Alan Richmond o£ last week, we are requesting that this application be included on the agenda of your February 5th meeting. The primary intent of the proposed work is to provide larger public restrooms as well as new circulation between the Bar Area and the Dining Room in the exitsting building. There will be no additional dining capacity. The additional floor area indicated, which meets the 500 square foot GMP exemption provision, is to make up for the office and storage spaces lost by the reatroom expansion, and to provide a small amount of Bar and Waiting Area which is now inadequate for the existing dining capacity. The existing building is a conditional use in the L-1 zone, and the setbacks, parking, etc. are existing non-conforming conditions. All new work is within the required setback lines, and since no additional dining capacity is being provided, there will be no increase in any existing non-conformity. V ry truly y o u rs, n S ~~ ~e ~^ °~ ~~ -~2 Rey\~~ 1 ~( )\ // / 11 YY hh PP 44- ` ( 7~ " ~~l W e" l„s Thomas 0. x' ~~..o~ p~~~~~.~ ~nas s.~b~.~ A Architect p lab `l /I '?D _ " _ ~ O +.-~..~ ~ x...41 /d-~- 'C . \