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HomeMy WebLinkAboutLand Use Case.CU.219 E Durant Ave.3A-86CITI 130 asp MEMORANDUM DATE: January 16, 1987 TO: City Clerk FROM: City Attorney RE: Chart House PEN eet 611 ia� c Attached for recording please find the Declaration of Covenants for the Chart House. PJT /mc Attachment cc: Planning Office i DECLARATION OF COVENANTS RESTRICTIONS AND CONDITIONS Balderson, Bent and Cabell, a Joint Venture ( "Covenantor ") for itself, successors and assigns, in consideration of the granting of a revision to the 1985 conditional use application by the Planning and Zoning Commission dated April 22, 1986, and as an inducement to the granting thereof, hereby convenant with the City of Aspen, Pitkin County, Colorado, to restrict such property, and hereby does restrict such property as follows: 1. Covenantor is the owner of the following described property (the "Property ") together with the improvements thereon situated in the City of Aspen, Pitkin County, State of Colorado: 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, 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 Townsite of Aspen, County of Pitkin, State of Colorado. 2. In the event of any municipal improvement or improvements of the kind contemplated in Section 20 -16 of the Municipal Code of the City of Aspen, as amended, become, in the sole judgment or discretion of the City Council of the City of Aspen, necessary or desireable to the area of the subject property, Covenantor will make no objection to any special assessment or special tax or proceeding therefor on the basis that the property is adequately served by existing improvements and /or on the basis that the premises will not be served or benefited by the improvement or improvements proposed. Covenantor further agrees to join, upon the City's demand therefor, any improvement district formed for construction of such improvements (including, without limitation, drainage, underground utilities, paving, curbs, gutters, sidewalks, street lights, etc.) in the area of the property or to reimburse the City of Aspen directly upon demand therefor if the City should choose to construct these improvements without the for- mation of such a district. -1- 3. Covenantor warrants that this is the title owner of the subject property with full authority to restrict the property as aforesaid and that there are no persons or entities who have an interest in the sub- ject property who have not agreed and consented to the aforesaid restrictions. 4. None of the covenants contained herein shall be released or waived in any respect without the prior consent of the City of Aspen, reflected by resolution of the City Council of the City of Aspen. IN WITNESS WHEREOF, this declaration has been duly executed this day of JGr , ru 198 -1. BALDERSON, BENT and CABELL, a Joint Venture By_7 STATE OF ss. COUNTY OF T \LS1y ) The foregoing instrument was acknowledged before me this ��?? day of Z.c_rs. , 1981, by L\ t� as �,�,�n 7 8 aQr of Balderson, Bent and Cabell. WITNESS MY HAND AND OFFICIAL SEAL. My commission expires: Notsy�Public- Address -2- 0 CI ME MORANDU M DATE: May 30, 1986 TO: Planning Office FROM: City Attorney RE: Chart House P et 11 i v�U v If My o IW6 J� 0s, 104) Attached for your review please find a draft of the Declaration of Covenants regarding the Chart House. Please let me know if they meet with your approval. PJT /mc Attachment J DECLARATION OF COVENANTS RESTRICTIONS AND CONDITIONS The Chart House Corporation ( "Covenantor ") for itself, suc- cessors and assigns, in consideration of the granting of a revi- sion to the 1985 conditional use application by the Planning and Zoning Commission dated April 22, 1986, and as an inducement to the granting thereof, hereby covenant with the City of Aspen, Pitkin County, Colorado, to restrict such property, and hereby does restrict such property as follows: 1. Covenantor is the owner of the following described pro- perty (the "Property ") together with the improvements thereon situated in the City of Aspen, Pitkin County, State of Colorado: 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, 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 Townsite of Aspen, County of Pitkin, State of Colorado. 2. In the event of any municipal improvement or improve- ments of the kind contemplated in Section 20 -16 of the Municipal Code of the City of Aspen, as amended, become, in the sole judg- ment or discretion of the City Council of the City of Aspen, necessary or desirable to the area of the subject property, Covenantor will make no objection to any special assessment or special tax or proceeding therefor on the basis that the property is adequately served by existing improvements and /or on the basis that the premises will not be served or benefited by the improve- ment or improvements proposed. Covenantor further agrees to join, upon the City's demand therefor, any improvement district formed for construction of such improvements (including, without limita- tion, drainage, underground utilities, paving, curbs, gutters, sidewalks, street lights, etc.) in the area of the property or to reimburse the City of Aspen directly upon demand therefor if the City should choose to construct these improvement without the formation of such a district. 3. Covenantor warrants that it is the title owner of the subject property with full authority to restrict the property as aforesaid and that there are no persons or entities who have an interest in the subject property who have not agreed and consented to the aforesaid restrictions. 4. None of the covenants contained herein shall be released or waived in any respect without the prior consent of the City of Aspen, reflected by resolution of the City Council of the City of Aspen. IN WITNESS WHEREOF, this declaration has been duly executed this _ —__— day of 1986. THE CHART HOUSE CORPORATION Title STATE OF COLORADO ss. County of Pitkin ) The foregoing instrument was acknowledged before me this - - - -- day of ---- _---- - - - - -- -1986, by -------------------- as _ —__— of the Chart House Corporation. WITNESS MY HAND AND OFFICIAL SEAL. My commission expires: Notary Public Address 6B CASELOAD SUMMARY SHEET City of Aspen DATE RECEIVED: . 01'-ZA DATE RECEIVED COMPLETE: PROJECT NAME :Lr((JK P(I")V APPLICANT• �` Applicant Address Phone: REPRES ENTATIV E Representative Address/P -one: Type of Application: I. GMP /Subdivision /PUD t`SENa. STAFF: 5-7S17 1. Conceptual Submission 20 $2,730.00 2. Preliminary Plat 12 1,640.00 3. Final Plat 6 820.00 II. Subdivision /PUD 1. Conceptual Submission 14 $1,900.00 2. Preliminary Plat 9 1,220.00 3. Final Plat 6 820.00 III. All "Two Step" Applications 11 $1,490.00 IV. All "One Step" Applications/ 5 $ 680.00 V. Referral Fees - Environmental Health, Housing Office 1. Minor Applications � 2 $ 50.00 2. _Major Applications 5 $ 125.00 Referral Fees- Engineeiing Minor Applications OD Major Applications 200.00 P &Z CC MEETING DATE: tCV,71 PUBLIC HEARING• YES NO ------ DATE REFERRED: 3 L INITIALS: - - - - -- REFERRALS: - -- - -- - -- ✓ City Atty Aspen Consol. S.D. _ School District 17 City Engineer _ Housing Mtn. Bell Rocky Mtn. Nat. Gas Dir. Parks Dept. State Hwy Dept (Glenwd) Aspen Water _ Holy Cross Electric State Hwy Dept (Gr.Jtn) _ City Electric _ Fire Marshall Bldg: Zoning/Inspectn Envir. Hlth. _ Fire Chief Other :, Roaring Fork Energy Center FINNAL ROUTING: - - - - - -- DATE ROUTED- '2 7 INITIAL: City Atty City Engineer Building Dept. Other: Other: CASE DISPOSITION: C{1Mr� Y1bu3Q /V t,c� „( IJS� Reviewed by: den PfiZ City Cou f1 Qm P"m) f Z�,n � C rte,,Er ar ,l c w riaQy �ipp�uar } OU 44d. H:W (U J4V d 61 A �Ur, atrr,, 0,1 .tk 19g; co_�44., LAI Lw.r t� 1. The trash dumpster enclosure shall be roofed to the satisfaction of the Engineering Department after the applicant has consulted with BFI Trash Service regarding design requirements of the trash pick -up function and prior to issuance of a Certificate of Occupancy. 2. The applicant shall agree to join the Lodge Improvement District upon formation. This agreement shall be submitted to the satisfaction of the City Attorney prior to the issuance of a Certificate of Occupancy. F.eviewer. r : P,sp_r. PLZ City Council MEMORANDUM TO: Aspen Planning and Zoning Commission FROM: Steve Burstein, Planning Office RE: Chart House Conditional Use - Public Hearing DATE: April 16, 1986 LOCATION: 219 E. Durant Avenue. ZONING: L -1. APPLICANT'S REQUEST: The applicant is requesting a revision to the prior conditional use application for enlargement recognizing an increase in dining capacity. BACKGROUND: On February 5, 1985, the Planning and Zoning Commission granted the Chart House approval for an enlargement of less than 500 square feet of space based in part upon the representation that there would be no additional dining capacity. Zoning official Bill Drueding noted that more dining capacity did result from the project. Accordingly, Drueding wrote a letter to Rod Dyor (attached) determining that a Certificate of Occupancy cannot be issued for the Chart House expansion without Planning Commission review of the changes made from the plans P &Z approved. A condition of the P &Z's approval was the inclusion of two parking spaces located off Dean Street. However, the applicant was encouraged to proceed to the Board of Adjustment for the removal of this requirement. On March 14, 1985, the Board of Adjustment approved a variance request for exemption from the parking requirement conditional upon replacing the dumpster on the property, screening the dumpster, and installing a five foot sidewalk off the curb along Dean and Monarch Streets all prior to issuance of the Certificate of Occupancy. APPLICABLE SECTIONS OF THE MUNICIPAL CODE: Section 24- 11.2(h) states the condition by which the Planning Director or Planning Commission can approve an exemption from the Growth Management allotment procedure for a commercial expansion under 500 square feet. It is stated that ... "For expansions which involve any request for commercial or office space, or which involve expansion of any type of space of two hundred fifty (250) to five hundred (500) square feet, the expansion shall be subject to the special review of the Planning and Zoning Commission..." The criteria for permitting the expansion are that the growth impacts of the project (parking, housing, utilities, etc.) have been mitigated. Section 24- 3.3(c) states "No approved conditional use may be substantially modified, structually enlarged, or expanded in ground area unless such modification, enlargement or expansion receives the prior approval of the Planning Commission which approval shall be obtained." PROBLEM DISCUSSION: A. Referral Agency Comments: 1. Engineering Depastaeat - In a memorandum from Elyse Elliott dated April 9, 1986 (attached) it is recommended that (a) the recently built trash enclosure should be roofed, and (b) the applicant need not return to the Board of Adjustment for another parking variance, but should agree to join the Lodge Improvement District upon formation. 2. Housing Authority - The Housing Authority determined that no additional employees are anticipated from the Chart House expansion. There are presently seventy - five employees of the restaurant according to the management; and the applicant's representative, Thomas Wells, stated that the number has not changed from before the changes. B. Planning Office Comments: The purpose of this review is to determine whether there are any growth or development impacts from the increase in the Chart House seating capacity which should be addressed at this time. The original application stated there would not be added capacity, and the Planning Commission as well as Board of Adjustment depended on this representation in evaluating the project. It should be noted that the expansion of the lounge area and placement of a wet bar instead of a seafood bar added some lounge and waiting seating even if the dining capacity has only increased by six seats. However, because most Chart House customers come to eat at the restaurant, and not just to drink at the bar it appears that added lounge seating does not add substantially to the intensity of use. Moreover, an increase in lounge area was one of the main objectives of the expansion and was stated in the 1985 application. The Housing Authority has reviewed the employee generation of the Chart House and was satisfied that no more employees were needed from this expansion. Therefore, it was determined that no additional employee housing should be supplied; nor should there be additional employee parking demands. A variance was given for the two parking spaces which the Planning Commission required as a conditional use of approval in 1985. The P &Z recommended the Board to grant the variance; and we do not recommend that the Chart House undergo this requirement or variance procedure again, as conditions have not substantially changed in this area. The trash dumpster enclosure cover should be accomplished as suggested by the Engineering Department. It is reasonable that trash generation is a factor associated with the expansion. Furthermore, it is the responsibility of the Chart House to keep the dumpster area clean and free of ice and snow in the winter so that the dumpsters remain in the enclosure and are not unsightly. Because no alley exists between Durant and Dean Streets, it is especially important that the trash situation be handled as neatly as possible on Monarch Street. The Lodge Improvement District plans, still being developed, should address aesthetics of the area, parking, trash storage and pick -up, and service access needs. The Chart House should agree to join this district upon formation, as many of the proposed improvements pertain to the conditional use issues of the project. During a site inspection, a shed along Dean Street was noticed which appears to have been built in the set -backs without a building permit. Because the present expansion has used up the 500 square foot GMP exemption, the shed cannot be approved by this allocation. Furthermore, it was the subject of complaint at the Board of Adjustment meeting by Fred Smith. This structure should be removed. PLANNING OFFICE RECOMMENDATION: The Planning Office recommends approval of the Chart House request for a revision of the 1985 conditional use application subject to the following conditions: 1. The trash dumpster enclosure shall be roofed to the satisfaction of the Engineering Department after the applicant has consulted with BFI Trash Service regarding design requirements of the trash pick -up function and prior to issuance of a Certificate of Occupancy. 2. The applicant shall agree to join the Lodge Improvement District upon formation. This agreement shall be submitted to the satisfaction of the City Attorney prior to the issuance of a Certificate of Occupancy. The Planning Office also recommends the Planning Commission to direct the Building Department to require the shed along Dean Street to be removed due to its illegality. SB.416 C � THOMAS WELLS & ASSOCIATES ARCHITECTS 314 SOUTH MILL STREET ASPEN, COLO RA DO 81611 TELEPHONE 303925 -7817 Feoruary 7. 1986 aspen Pianninq and =ninq 'Jcmmission 'i3Cl Sonth Ga .erla As: en. Cif 81,ni- DkR.ar Members: i am writing to request a revision to our Previous applicat..ion zor expansion of the ri[Kld itiQ.'lal uses of the Chart House restaurant.. _n our original suomittal we stated that no addit.i.cnal dlni.nq space would be adaea. ;he >ea =.on for this was that previousiv considerec! Cinina room aariitions were deleted from the nrolect. Because of internal changes to the ::.oi_et area acid aQloininq ..ounce. the Seating Capacity has been iricreaE.ed from that wh'ica e.,-fisted batore remcceiiI'iq riv tb'. "ne 'wlldinq Je Dartment has recently f o'unc7 that this is Not consistent with our or..ginal elan ana we hereby request that tie adriitiona. seats be annrovE2d. ORe _-ingie. ChanQP.. that waE made durinq construction from the nrlginai aotirovai was elimination of the sk2aY000 rrar area and the e:, :istinq cocktail bar moved into that same area. no changes or additions were made to the existing building shell or fi.00r area. Tice numbe -r of employees nr-Sor ,..'rye nro7ert cuntempiated for oricinal anproval or as now com Dlei ed has not chatl• ^.E_':1. Four copies of both the original ti�'D- ar1Q Seata.ng plan Orlor to cor : =-.ruction anc aS nub' _.OMOn et?a are e ricio3 :?a �.or -your review. .he hart. Houses Ch. ? :, - :: tnr 'he reau -red review YCeL_ _n,,:losed. truly your]. "Phomas 0. we_l.B ,9r�=hitect cc: Steve 1� :_tr._tei :: ASPEN *PITKIfft REGIONAL BUILOrAG DEPARTMENT January 13, 1 Mr. Rod Dyer c/o Tom Wells Thomas Wells & Associates 314 S. Mill Aspen, CO 81611 JAN 1 4 1986 Re: Chart House Restaurant 219 E. Durant Street Dear Sir: As we discussed, Tom Wells' letter to the Aspen Planning & Zoning Commission of December 31, 1984, regarding the Chart House expansion, stated that there would not be additional dining room capacity. Colette Penne's memo of February 5, 1986, to the Aspen Planning & Zoning Commission also states that there would be no additional dining. My inspection last week indicates that the dining area and seating has been increased. Also, the floor plan given to the Aspen Planning & Zoning Commission for their review is different than the one submitted to the Building Department. The plan submitted to the Aspen Planning & Zoning Commission showed a seafood bar where there is now a liquor bar - the liquor bar was moved and seating added. The original plan to the Aspen Planning & Zoning Commission shows a lounge area where there are now dining tables. I feel these deviations from what you presented to the Aspen Planning & Zoning Commission are major and will require that you return to them with these changes. They may accept or reject these changes. Your cooperation in complying with Aspen Planning & Zoning Commission's approval will be appreciated. V, _:_y, JK l .J�' I` I'jf `mot William L. Drueding Zoning Enforcement Officer cc: Jim Wilson, Chief Building Official Patsy Newbury, Zoning Official Alan Richman, Planning Director BD /ar offices: mail address: 517 East Hopkins Avenue 5O6 East Main Street Aspen, Colorado 81611 303/925 -5973 Aspen, Colorado 81611 M To: Steve Burstein, Planning Department From: Elyse Elliott, Engineering Department Date: April 91 1986 Re: Chart House Conditional Use The Engineering has the following comments on the amended condit- ional use application: Trash In the past, the Chart House has had problems with their dumpster wandering out into Monarch Street. This was exacerbated by the snow build -up during winter months. Recently, an enclosure has been constructed to house the dumpster. Unfortunately, this has not completely alleviated the problem. BFI has indicated that the enclosure should be roofed to keep out the snow and ice. The Chart House should contact Tony Vagneur of BFI for his approval on the roof addition. Parking City Code states that 4 parking spaces per each 1000 square feet of addition must be provided, requiring 2 parking spaces for this application. The Board of Adjustments granted a variance from this on March 14, 1985, with two conditions (screening the dumpster area and installing a 5' sidewalk). The applicant argued at the hearing that the restaurant was not increasing its seating capacity and therefore the addition would not impact the present parking situation. Since the Board of Adjustments meeting, the engineering and design portion of the Lodge Improvement District has commenced and is adressing the parking and traffic situation on Dean Street. We do not recommend that the Chart House re- petition the Board of Adjustments for another variance, but instead agree to join the Lodge Improvement District. Utilities The new proposal will not have any significant impact on the utilities. M E M O R A N D U M TO: STEVE BURSTEIN, PLANNING OFFICE FROM: ANN BOWMAN, PROPERTY MANAGER DATE: APRIL 4, 1986 RE: CHART HOUSE CONDITIONAL USE ISSUE: Has the new seating arrangement at the Chart House created a need for additional employees? BACKGROUND: Presently there are 75 employees at the Chart House. The new seating arrangement creates six additional chairs. The current seating is for 146 seats the new proposal will be for 152 seats. The applicant, Tom wells of Thomas wells and Associates Architects, in his letter of February 7, 1986 states "in our original submittal we stated that no additional dining space would be added. The reason for this was that previously con- sidered dining room additions were deleted from the project. Because of internal changes to the toilet area and adjoining lounge, the seating capacity has been increased form that which existed before remodeling by 61." Further, "The number of employees prior to the project contemplated for original approval or as now completed has not changed." ACTION NEEDED: The Housing Authority recommends approval of the conditional use request and does not anticipate the need for additional employee generation due to the new seating arrange- ments. reject this applicant's request in its present form, but perhaps will assist by offering guidance in the development of a hidden remote location where suitable for this type of electronic gear." Kotiont Roger Hunt moved to table this application until February 19, 1985; seconded by Ramona Markalunas. All in favor; motion carried. POBL�.13E1i$ZLLG - - , H"o GR EX E[IPTTOP'/COr7DTTTONAL USE sl�i Penne briefed the commissioners. The Chart House is located at 219 Durant Avenue in the L -1 zone. The applicant requests an- addition of approximately 500 square feet. The tool is an exemption from growth management. A restaurant is a conditional use in the L -1 zone and this request expands the conditional use -permit. if. the Commission finds the impacts of 500 square feet minimal or manageable, grant an exemption from growth management for the additional space_ Make findings based on the following criteria: a minimal number of additional employees are generated by the expansion or housing is being provided for additional employees; a minimal amount of additional parking demand is created or that parking can be accommodated on site; minimal visual impact on the neighborhood; and minimal new demand is placed on services on site, such as, water, sewer, roads, drainage, and fire protection. Additional criteria for evaluating the placement of conditional uses or expansion are: whether the proposed use otherwise complies with all requirements imposed by-the zoning code; whether the use is consistent with the objectives and purposes of this zoning code and the applicable zoning district; and, 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. The restaurant's location is compatible with surrounding land uses. The location is convenient for lodge guests within the lodge area. The location is within one and one -half blocks from the Rubey Park Transit Center. The location is on several bus routes. The location is easily accessible by car. Most off street parking on Monarch and Durant is utilized by Chart House There is a day andkdinerst restaurant used by during the night. The restaurant's current footprint is 5,716 square feet. The lot is over 11,000 square feet. The FAR is .52:1. The allowed external FAR is 1:1. 508 of. the space will remain open space; the requirement is 258. The requirement for height and distance between buildings is met. The placement of the addition at the rear of building, facing Dean Street and the southwest corner, is sensitive and will have minimal visual impact on the neighborhood. The square footage is for a lounge ate, 126 square feet; for a storage area, 87 square feet; for an office space, 116 square feet; and for a bar, an increase of 169 square feet. The applicant is building larger rest rooms.. -The Ir-cu3ati-6n- between the bar and dining room will be upgraded. Existing office and storage space is lost with the bathroom expansion; that office space is replaced with the addition. The applicant believes the current bar and waiting area are inadequate for the dining capacity of the restaurant. The applicant proposes to improve those areas, not to change dining capacity. - The engineering department does not anticipate increase in the infrastructure usage: water, trash generation, roads, etc. ® Additional parking requirements may not be generated by this addition. But, the code (Section 24 -4.5) requires four parking spaces for every additional 1,000 square feet of commercial area. The requirement is two off-street parking spaces. She received a letter from Tom Wells, architect for the project. The letter explains the location of the two parking spaces, as submitted in alternative one. Major restructuring of the site 7 involves movement of a retaining wall and loss of two on- street parking spaces. The trade -off from two on- street spaces to two off - street spaces is not that desirable. The Commission and the planning office cannot vary the code's requirements for parking space. Only the Board of Adjustment can grant a variance from this parking provision. The planning office recommends approval of special review for the GMP exemption for expansion of the Chart House by no more than 500 square feet and for expansion of the existing conditional use permit with a condition that the two parking spaces shown on alternative one be instituted. The Commission can table its action until the applicant receives a variance from the Board of Adjustment. This action does not put the Board of Adjustment in a compromising position. Tom Wells, architect for the project, noted a problem with Penne's recommendation on parking. The construction period is short, April 15th and June 15th. Approve construction tonight. 5 �rpR_n OP PROCEEDLNGS Regular Meeting Plannin and- Penne asked if the applicant will either locate the parking, as suggested in alternative one, or apply for a variance. Wells preferred a vote on the 500 square feet tonight. There is no rush on parking. Separate the parking from the construction. Penne argued the two issues are inseparable. Wells replied the vote tonight should include the parking spaces. The applicant can always approach the Board of Adjustment to overturn the Commission's condition of approval. Penne said if the Board of Adjustment thestwo parking spaces. Wells understood. applicant has understood Hunt requested engineering's review. Dean Street is critical to Aspen Mountain Lodge's construction. The proposed parking solution may be acceptable under the code but not for the street. Elyse Elliott, engineering department, commented she did not review the solution under a new lodge scenario. She only considered the existing conditions. Hunt requested the entire parking along Dean Street be solved. Consider the lodge. There is a need for a _service vehicle egress out of this area. Richman replied the city solved this issue with the lodge. It is unreason- able to hold up this applicant for the lodge. Hunt suggested no off- street parking on Dean. Dean Street is critical to the lodge. Why present a solution diametrically opposed to the ift lodge's needs? Penne agreed off - street parking may be more VO reasonable. Hunt said the trade -off from on- street to off -street parking is questionable. He requested engineering's analysis. Dean Street is the solution to the egress for the lodge. Penne noted that the city is tied to a code that requires four parking spaces per every 1,000 square feet of commercial space added in this zone. The requirement for 500 additional square feet is two parking spaces. Perhaps a case can be made in front of the Board of Adjustment to waive that requirement. The appropriate body, the Board of Adjustment, waives the requirement. Hunt asked if the parking area used by skiers during the day can be used by patrons of the Chart House during the evening. To require two additional spaces in inappropriate. Penne recommended send this message to the Board of Adjustment. But, the Commission cannot vary the parking requirement. Hunt agreed to approve the request with the parking condition and a resolution for the Board of Adjustment expressing the Commission's position on parking. Engineering should also submit its position. The proposed v parking solution is poor, especially, given the excess parking adjacent to the property during the restaurant's hours of opera- tion. White concurred with Hunt. Anticipate the lodge. And, study the area before requiring the Chart House to provide two parking spaces. Parking is adjacent to the restaurant. Do not compound 9 6 Dean Street. wells explained there are immediate internal problems, inadequate toilet rooms, the three levels, etc. The applicant wants to re- organize the internal space. Mechanically and electrically the situation is a mess. He argued the site is underutilized, especially, with the projected growth intensity of use of the area. The Chart House may rebuild in ten years.. The 500 square feet is a remedial step before remodeling. He .cited the Hotel Jerome approvals. Gilmore obligated himself to sixty stalls in the some -day parking garage. Consider a letter of agreement stating if and when the city wants the two stalls, the Chart House shall provide the stalls. The design and the impact on Dean Street are separate from the Chart House. Anderson opened the public hearing. There was no public comment. He closed the public hearing. done Roger Hunt moved to approve special review for the purpose of a GMP exemption for the expansion of the Chart House Restaurant by not more than 500 square feet and for an expansion of the existing conditional use permit with the following conditions: 1. Two parking spaces shown on alternative #1 be instituted for technical purposes of this approval. 2. The applicant must further apply to the Board of Adjustment for the removal of that requirement. This variance is recommended by the Commission. The purpose is to improve Dean Street use given future building in the area. Engineering and the Commission are co- applicants with the Chart House for this request. Excess parking is available in the immediate area. Seconded by David white. All in favor; motion carried. WHI T L OD m PIT � 1$S HEARING, N TTY(' OF REVTEw PROCESS Richman said Council initiated a code amendment during its SPA review. Two issues were raised during the SPA public hearings. First, what comes first, the ability to build or the proper zoning to build. During the Little Nell application, in 1983, the planning office argued the applicant should be properly zoned and the entire Little Nell parcel should be zoned SPA before the submission of a land use application for any of its parcels. Q7 Aspen P &Z City. Council - !-T 4L i o u —4-o Feviewed'By: Aspen P &Z City Council 7; Jl d``L t j I i r I 1 RECORD OF PROCEEDINGS Regular Meeting Board of Adjustment March 14. 1985 Vice Chairperson Francis Whitaker called the meeting to order at 4:05 p.m. with members Charlie Paterson, Josephine Mann, Rick Head, and Anne Austin present. CONTINUED HEARING CASE #85 -2 /CHART HOUSE Whitaker introduced and read sections from a memo from the city attorney. "I would like to make some comments about the variance granting procedures it gave me some concern while attending your last meeting. I think our processes have become distorted for the benefit of applicants and feel compelled to state the basic premises identified in our code... The variance is granted to render justice in unique or individual cases of practical difficulties and unnecessary hardships resulting from the literal application of the zoning ordinance... Without exception the courts have held that proof of unneces- sary hardship or practical difficulties must be present before the variance may be granted... Only after determinations made that practical difficulties or unnecessary hardships exist, you must determine before you grant a variance that in addition those four paragraphs..." He researched cases. He cited a Pennsylvania case in 1965 which is pertinent: "A variance is designed as an escape hatch from literal terms of an ordinance which when strictly applied would deny a property owner all beneficial use of his land and this would amount to confiscation." Whitaker cited a Connecticut case in 1973: "So they, the regulatory measures do not operate in arbitrary, unreasonable or confiscatory manner or in any manner which would be unconstitutional." Whitaker opened the public hearing. He introduced a former member of the Board of Adjustment, Fred Smith, who has asked to appear and present his case. Fred Smith, an adjacent property owner, represented the owners of 1 Aztec Condominiums located across the street. To his knowledge be did not receive,,,any notification of this hearing. The clerk noted the associy,,.on was notified at 131 cast Durant, the address presented in the application. Smith replied that address is incorrect. The proper address is: Aztec Condominium Association c/o Fred Smith P.O. Box 1388 Aspen, Colorado 81612 Smith recalled a previous variance awarded to the Chart House in 1973. The case was #73 -6. The Chart House had requested not to provide sidewalks when the new modern front addition was com- pleted. The primary concern of the Board at that time had been the provision for proper trash and utility service area. He read the motion from the 1973 meeting: "Lavagnino moved to grant the variance due to the practical difficulties of the location of the building on the site. Conditions for granting the approval are one, to construct a service area on the property with the approval of the city engineer, and, that the addition not encroach on city property." First, the addition does encroach on city property. The service area was never constructed. The proposed service area the Chart House agreed to construct is represented on a site plan. (Smith presented two maps to the Board.) He indicated on the map the addition the Chart House applied for and built. The steps extend on the city property. Bill Drueding, building department, explained steps can encroach on city property 30 inches. Smith presented photographs of the current situation. One photograph documented the location of the dumpster. There is an illegally installed shed. The shed probably does not meet the setback requirements. An out building in the front yard is illegal. Smith clarified the Chart house received approval for the 1973 addition with two requirements: the addition not encroach and the service trash area be built. The Chart House completed the addition without meeting the requirements. The Chart House originally requested an exemption from sidewalks. He could not recall if there had been a parking requirement in 1973. The minutes of 1973 did not reflect parking. The Chart House had requested the exemption from the sidewalks because sidewalks would destroy cottonwoods. Smith had originally suggested shortly after the 1973 hearing the Chart House construct a temporary sidewalk with a log in the street. That area is not (LJl 2 shovelled or maintained. Angle solves the problem(nf walking up street. parking not parallel parking the hill. Mpny buses use that . Whitaker requested convincing proof of a unnecessary hardship. Whitaker clarified his parking suggestion applied to the piece of property not indicated on the site plan. Pat Trott, architect for the applicant, argued Whitaker's solution to the parking problem is unreasonable. she presented a site plan with sketches to prove her client has a hardship for situating the parking as proposed by Whitaker. Her client would have to— - remove five aspen trees -&nd -thr`e fir trees fo -t�ie.--sp.�c�S. The arm - , e -34fy planted. A con ominium is located adjacent to this proposed area. Several balconies at the condominium front the area. That complex is already surrounded on three sides of the condominium. The owners of those condominiums whose units look over the landscaped area are partial to that area. They do not want their view impacted by parking. She presented a photograph of the existing trees. Head asked if the applicant has any letters of support from the condominium owners. Trott replied no. But, she could retrieve an owner of the condominium immediately. Whitaker noted second -hand testimony is not acceptable. Paterson asked are there letters of objection. Whitaker answered there are no letters of objection or support. Trott continued. Her client is not adding extra dining space. Her client is not trying to generate more income with extra dining spaces. Her client is remodeling outdated bathrooms, increasing office space, and adding employee space. Her client wants to concentrate his money on the interior remodeling. Whitaker noted trees can be transplanted. Second, the applicant enjoys 330 feet of street frontage. Two head -on parking spaces require 16 feet. The applicant does not have to push the stalls in 18 feet. The 18 foot requirement applies to parallel parking. Head -on space is considerably shorter. Trott interjected the city requires 18 feet. Whitaker replied the Board can grant a variance on that requirement. Drueding noted the requirement is 8- 1/2x18 feet. He agreed the Board can grant a variance to reduce that requirement. Whitaker expressed the public concerns. The Chart House already received a variance and has not provided any public amenity. In the area there is no place for people to walk except in the street. That is extremely hazardous. Sidewalks were never constructed, even where there were no trees. The guidelines state that the Board rarely finds practical difficulties or unnecessary hardships when the applicant appeal is a matter of �� 3 RECORD OF PROCEEDINGS Rsgylar Meeting Board of Adjustment March 14 1985 aesthetics or design or economics or if a reasonable legal alternative is available. He claimed there is a legal reasonable alternative. Trott disagreed. The alternative is not reasonable. Locating parking in the view of the condominium owners is unreason- able. Locating parking as proposed by Whitaker demolishes the Chart House's only view. Paterson recalled at the last meeting this situation was settled. The Board had tabled to allow the attorney to explore other parking arrangements, for example, renting space elsewhere. At the last meeting all the members except Whitaker agreed the parking solution was impractical. He wanted a response from the attorney, is there a plan. Whitaker argued it was reasonable to allow Smith to present his case since he was not notified. Head echoed Paterson's sentiments. The Board agreed Trott did not have to present the adjacent condominium owners. Smith conceded the Chart House is the most delightful bar to sit at and view the private courtyard. But, the Chart House has not acted in good faith. Trash is located on the street. Plastic is on the windows. Austin asked can the approval be subject to a condition to clean the area. Can the previous condition be incorporated. Can that condition be enforced? Paterson commented on dumpsters. Very often the trash collectors move the dumpsters on to the street. The owners are not at fault. Smith argued the property owner is responsible for maintaining a shoveled, clean space on the property for the dumpster. Austin asked can the Board condition an approval: trade an exemption from the parking requirement for sidewalks and service area. Paul Taddune, city attorney, explained the Board should not be concerned about land use planning matters. The Board should be concerned about adjudicating the issue not about negotiating the city's land use .requirements. Either a hardship or practical difficulty is presented or not. Smith informed Taddune that as part of the Chart Houses' 1973 approved variance the Chart House was required to provide an enclosed trash area. The Chart House has not implemented those conditions. Taddune clarified the Board can grant a variance based on conditions. He is concerned the Board may be operating as a planning and zoning board with discretion. Head clarified the Board directed the city attorney, the city manager, or the planning commission to create a benefit package for the city in this particular case. Paterson argued health, safety, and welfare of the public come under the Board's jurisdiction. These conditions protect the public. A service area on the property is necessary. Get �_� the trash off the street. Taddune said many times in the past the applicant has agreed to a condition that is in the public's - best interest to induce a favorable decision. Head asked did the city and the applicant agree to anything. Trott replied she had talked to Uhlfelder. She involved a contractor on the parking design and on cost. She also talked to the owners of the Chart House who agreed to building the parking stalls or to financing a substitute. She did not talk specifics, e.g, sidewalks. Uhlfelder had reported to her that there were precedents on this issue. Head understood the postponement was to allow the city and the applicant to explore and to present a deal. Mann expanded the purpose of the delay was to investigate the alternatives. The applicant was not directed to return with an agreement. Elyse Elliot, engineering department, reviewed the application. No definite parking proposal has been submitted. Two on- street parking spaces are being exchanged for two on -site spaces. That is superfluous. Whitaker corrected his proposal,. head -on not parallel, provides two on -site spaces with the loss of only one on- street space. Paterson asked Uhlfelder if he had reached any solution for relocating parking. Uhlfelder repeated the Board is capable of making a deal. The basis for that determination was the section of the code he had read last week. This action has been applied to two cases in the past. Paterson asked did the solution work, did the applicant actually pay for the parking spaces. Taddune clarified the Denver -Buick case was a subdivision exaction case, a landmark land use case. That case is different from the city's case Whitaker has referred to, Rubey Park. In the later case the city extracted payments for .parking spaces without providing the parking spaces. Whitaker suggested the applicant agree to install a sidewalk without disturbing the trees. The construction of sidewalks would compensate the public interest greatly. Walking in the area of the Chart House is dangerous. This town is suppose to be pedestrian - oriented. Taddune discouraged the Board encouraging the applicant to pay for two parking spaces, wherever, in return for granting a variance. That is not the perogative of the Board of Adjustment. However, talking about how to best accomplish a particular zoning result for a particular piece property is acceptable. If the applicant wants to induce the Board by agreeing to fit the request to install sidewalks within the context of the use of his property,. the Board is then within 5 r^ its discretionary powers. Avoid requesting future parking spaces or contributing cash. Mann addressed unnecessary hardships and practical difficulties. She emphasized the accumulation of several small difficulties. The prominent hardship is the distance of the property line from the street. Installing two on -site parking spaces at the expense of losing one on- street space is unreasonable. She would favor the variance. Austin argued removing. the trees is also unreason- able. Taddune interjected the applicant will have to apply for a tree permit for the removal of the trees. He discouraged the Board waiving the tree permit. Smith presented another location for the parking stalls. Paterson said that location fronts large windows. The Commission discussed this suggestion. Whitaker closed the public hearing. Paterson proposed a motion: to grant the variance based on practical difficulties and unnecessary hardship. Austin asked if the motion should include a condition on the service area or the sidewalks. The motion is withdrawn for further discussion. Head was not ready to vote on the variance without further information. Something needs to be accomplished with the sidewalks and the service area. He would then agree to exempt the Chart House from the two parking spaces. He cannot grant the variance also because the applicant has not presented a hardship. Austin said the applicant should approach the Board with a plan for the service area and the sidewalks. Mann suggested the Board make a recommendation that the applicant address these two issues, not a condition. The area could change with the construction of a new hotel. It will be obvious to the Chart House at that time not to clutter the street with a dumpster. Paterson agreed Dean Street will be an important thoroughfare from the hotel. Austin argued the applicant does not have to comply with a recommendation. Whitaker favored a condition not a recommendation. The failure to enforce the previous conditions is the enforcing agency's respon- sibility, not the Board's fault. Austin repeated the applicant should return with a plan for the sidewalks and the dumpster before granting the variance. Trott requested assistance from the Board on the design. The Board discussed the location of five foot sidewalks on Dean and Monarch, e.g., sidewalks can be built off the property near the curb.- Locate the dumpster off the city property, tightly cover the dumpster according to code, and screen the dumpster. Trott noted she will agree to the condition if the Board will define the location of the five foot sidewalk and the dumpster. Whitaker directed the applicant to return with a proposal. Indicate on the plan or elevation the proposal for the dumpster's location. Smith repeated the applicant should locate the dumpster on the property according to what works for the applicant. Whitaker noted the dumpster has to be on casters or positioned for easy access by the garbage truck. Smith cited the Crystal Palace as a good example. Trott asked can the Board vote on the request today with the present sketch on the plan, with the proposed location of a screened dumpster, and with an agreement to construct the five foot sidewalk. She will submit a final drawing later. She preferred not to postpone the vote. Motion: Charlie Paterson moved to grant the variance conditioned upon replacing the dumpster on the property, screening the dumpster, and installing a five foot sidewalk off the curb along Dean Street and Monarch. Seconded by Anne Austin. 1� Discussion. Whitaker asked if a sidewalk should only be constructed on Dean. Paterson answered yes. Colette Penne, planning office, noted the lodge improvement district is installing sidewalks in the area. CCLC is working on a plan for sidewalks throughout that lodging area. Paterson asked is this request premature. Perjne replied may be. She does not know how this request fits in with the improvement district's plan. Whitaker noted a defined, constructed sidewalk helps avoid encroachments, helps identify the property line, and helps define the public right -of -way. Drueding requested a time for complying with the conditions. Amendment to the Motion: Paterson amended his motion to read: "To grant the variance conditioned upon replacing the dumpster on the property, screening the dumpster, and installing a five foot sidewalk off the curb along Dean Street and Monarch, all prior to the issuance of the certi- ficate of occupancy." Seconded by Anne Austin. Discussion. Penne commented the Chart House is landscaped along �� 1 RECORD OF PROCEEDINGS Regular Meeting Board of Adjustment March 7. 1985 Vice Chairman Francis Whitaker called the meeting to order at 4:03 p.m. with members Anne Austin, Rick Head, Josephine Bann, and Charlie Paterson present. MINUTES Anne Austin moved to defer the minutes to the end of the meeting; seconded by Rick Head. All in favor; motion carried. CASE #84-23/FRANK WOODS AND ED RODGER Rick Head, representing the applicant, requested the case be postponed for another three weeks because of the city's inaction. Motion: Charlie Paterson moved to table case u84 -23 to (larch 28, 1985; seconded by Josephine Mann. All in favor; motion carried. Pat Trott, architect for the applicant, presented a notarized affidavit and photograph of the public notice. Whitaker read the requested variance: "Applicant is requesting relief from a requirement of the Planning and Zoning Commission's approval for expansion of two additional on -site parking spaces. Section 24 -4.5: the L -1 zone requires four (4) additional parking spaces per 1,000 square feet of commercial use." Trott explained the Chart [louse is expanding by 500 square feet. The code requires the Chart House provides two extra parking spaces with the expansion. She indicated the location of the two parallel parking spaces on the site plan (dotted lines). The Planning and Zoning Commission did not support the two sites. The law prevents the Commission from waiving the parking spaces. The applicant needs the Board of Adjustment to approve a variance from the regulation. The Chart House does not want the parking spaces. But, if the parking spaces have to be installed, they will be located as indicated on the site plan (two adjacent parallel parking spaces on Dean Street). Mann asked does street side parking exist now. Trott replied an existing retaining wall interferes with the parking. The owner will have to move the retaining wall and to provide fill for street level parking. Paterson asked who will use the parking spaces. Trott replied guests or employees. M 5 Austin asked why did the owner situate the parking spaces at the proposed angle (parallel). Can the parking be perpendicular? Trott answered the cars would be located off the property. Whitaker visited the site this afternoon. He suggested locating the spaces head -on to accommodate two cars. There is room to park cars 90 degrees to the street. Only one on- street parking space would be lost. The snow made it difficult to evaluate the situation. Bill Drueding, building department, distinguished the property line and the curb line. Trott repeated the best way to accommodate the parking is to remove the retaining wall and then to fill. That action provides the ten feet necessary for the parking. The present space cannot accommodate Whitaker's proposal. The Board discussed the pros and cons of various parking alter- natives and the retaining wall: parallel parking was not accepted. Austin asked who owns the parking lot (known as Willoughby Park) referred to by the Commission. The property if it were privately owned the owner could develop the property could be a problem. If the city were to own the property there would be no problem. Austin presented a solution involving city property. Drueding explained the code requires off- street parking or on- street parking. Austin's proposal does involve an encroachment which the City Council grants. Drueding emphasized the Commission cannot waive the parking requirement because of the code; only the Board can provide relief. Whitaker suggested a solution involving platform par in in lieu of removing and filling the retaining wad- sts, beams, and planks can be used. This solution removes the cars from the streets. Drueding noted the problem with this solution: cars will park alongside the proposed area and will obstruct the cars parked in the driveway. Whitaker said post no- parking signs along the driveway. Paterson reasoned this solution eliminates existing parking and defeats the purpose. Cars cannot park in front of a driveway, therefore, one parking space is lost. Whitaker argued one space is lost but two spaces are gained. Paterson corrected only one space is gained. Whitaker commented exemptions granted to the provisions of the code only compound the problem that the code was implemented to prevent. He applied this reasoning to the present request. Paterson asked what is the Chart House's hardship. The Board makes determinations based on the seriousness of hardships. Trott responded the restaurant already exists with no parking. The additional square footage enhances the restaurant, dogs, not increase the capacity, and, therefore,__ doss --not -- Increase the -aumbbe_r, of cars_. The retaining walls are steep and moving a retaining wall is hard. Whitaker's proposal disturbs a very nice landscaped backyard. No parking exists in the backyard. Paterson asked do the windows face the backyard. Trott answered yes. That backyard view is the main view. Paterson asked does the addition consist of windows. Trott answered yes. The new addition r Regular Meeting Board of Adjustment March 7. 1985 increases the size of the existing lounge. The bathrooms will be enlarged and remodeled. Paterson asked does the deck exist. Trott replied yes. The deck is used during the summer. Austin noted the proposed parking spaces on Dean Street are a few feet from a parking lot. Siting two parking spaces close to a city parking lot is unreasonable. Paterson questioned the value of the two parking spaces. Most people park in front of the restaurant not at the rear. May be the parking spaces are for employees. Head said the Board must give weight to the Planning and Zoning Commission's opinion. The Commission has reviewed this case in detail. Head quoted from the minutes of the P &Z dated February 5, 1985: "Two -off street spaces are not that desirable..." The Commission cannot vary the parking requirements of the law. He quoted Roger Hunt, page six of the minutes: "The proposed parking solution is poor especially given the excess parking adjacent to the property during the restau- rant's hours of operation... Paterson noted in summary the Commission had no problem with the use of the parking lot. Head quoted the motion on page seven: "This variance is recommended by the Commission." Whitaker understood the Commission had taken the position that two off- street spaces would eliminate two on- street spaces. The proposal of the two parallel parking spaces eliminates three on- street spaces. The access and egress to the parallel parking spaces have not been considered. Whitaker asked for public comment. There were no comments. Whitaker closed the public hearing. Austin would favor granting the variance based on the Commission's recommendation and the excess city -owned parking in the area. Additional off - street parking is unnecessary. Whitaker asked has the applicant proved a practical difficulty or hardship. Head replied no, the applicant has not justified the variance within the Board's parameters of considerations. The Board must weigh the Commission's recommendation. fie understood the Commission concluded the overall general plan No hardship or practical cal difficulty has been presented. Mann remarked this case is an accumulation of little practical difficulties and hardships. The lay of the land and the contours dictate the parking location and the location is not good. She � 4 M- " 1 r e 1 questioned the usability of the parking space. The inability to use the space is a practical difficulty. The applicant is proposing minor upgrades and changes to the restaurant. The applicant is not increasing seating capacity. And yet, the law requires two parking spaces for the minor change and addition. That is a practical difficulty. The parking solution does not work well. She repeated city -owned parking is near -by. Paterson challenged the solution of head -on parking. Backing in or out of the driveway onto Dean Street, which is narrow, would be dangerous and impractical. Clearly, the parallel parking solution represented on the site plan makes no sense. The head - on solution would not be used. The downhill grade is another problem. Granting the variance would benefit the city. He would favor the variance. He concurred with Bann that there are many small accumulating problems. Siting unsightly and unusable parking in order to comply with the law is impractical. Whitaker asked is the situation any more dangerous than any other off - street parking. Paterson answered backing out on Dean Street may be dangerous. Dean Street is very narrow. Whitaker argued the spaces could be leveled. Whitaker disagreed with the other members. The restaurant occupies a great deal of property. There are no sidewalks. There is n4_�treet_�king. Any exemption must be ju— --stii ied. Every exemption adds another burden to the city. The applicant has not demonstrated a practical difficulty that cannot be solved. The applicant has not demonstrated an unnecessary hardship. The four criteria for granting a variance do not apply in this case. Head asked why did P &Z not require the applicant to install sidewalks in exchange for an exemption from the parking require- ment. Drueding explained the code required the two parking spaces based on the amount of the expansion. The Commission is not authorized to trade parking spaces for a sidewalk. This Board is the only board empowered to change the parking require- ment. Paterson recalled the city attorney at the last meeting had told the Board that it could not make deals in exchange for a variance. Drueding introduced Mark Uhlfelder, assistant city attorney. Drueding questioned whether or not the Commission can waive an exemption from a code requirement in exchange for a sidewalk. This Board, not the Commission, grants the relief. This Board can waive the code requirement. But, he understood the Board cannot waive a requirement in exchange, for example, a sidewalk. The Board only can condition approvals. Uhlfelder explained the Board cannot make deals, making deals overreaches the Board's authority. Whitaker asked at what point in con- struction would the Chart House be required to install sidewalks for a certificate of occupancy. Drueding did not know if the code required certain zones to install sidewalks for a CO. He referred Whitaker to the engineering department. Paterson repeated and summarized Colette Penne's recommendation • 1 • 0 �y Regular Meeting Board of Adiustment March 7 IM that requiring two additional spaces is inappropriate. Whitaker argued the P &Z based its decision on the parallel parking solution, not on the head -on proposal. Paterson cited from the Commission's minutes John Gilmore and the Hotel Jerome. Gilmore had obligated himself to sixty stalls in a "some -day" parking garage. He quoted: "Consider a letter of agreement stating if and when the city wants the two stalls, the Chart House shall provide the stalls." Whitaker recalled the city had attempted to establish off -site parking at P,ubey Park for new construction. The city had required stores to participate in this parking project in exchange for a building permit. People proceeded to receive building permits and to build. Those people subsequently sued the city, the city returned the money for the parking fund, and the applicants built without providing parking. This suggestion is dangerous. Whitaker asked is off- street parking not required of commercial buildings in the commercial core. Drueding answered yes. Also residential units in the commercial core are usually exempted from the requirement. Paterson noted the Chart house is located in the L -1 zone district. If the Chart House were located downtown in the commercial core, the zone would not require the parking. Whitaker argued the Board should not make its decision based on the fact that the parking spaces will not be used or backing out of the driveway will be difficult. The applicant has to prove hardship. The Board must uphold the zoning ordinance unless a hardship is demonstrated. Head asked can the city make an arrangement with the applicant for the later to buy spaces in a future parking lot. Uhlfelder replied the Board of Adjustment either grants or denies a variance. The Board is limited in its ability to attach conditions on the variance. The limitation is prescribed in Section 2- 22(c)(8), page 156 of the Municipal Code: "The Board of Adjustment, in granting a variance, may prescribe appropriate conditions and safeguards in conformity with the zoning laws of the city violation of which shall be deemed a violation of this section." Head interpreted the Board could condition the variance. Uhlfelder remarked the condition being considered would not be construed as in conformity with the zoning laws of the city. The section is very vague. Austin reasoned if the Board denies the variance, the city loses t one on- street parking space, and consequently only gains one additional parking space. The intent of the law is to gain two spaces. Whitaker asked what are the practical difficulties, unnecessary hardships, the special conditions, the special extraordinary circumstances, that granting a variance is essential to the • - fir++. ,.eP� 'r y 1• i• • • • u'1 y enjoyment of a substantial property right and does not affect the general purpose of the comprehensive plan. Mann referred to the P &Z minutes. In addition to saying the proposed parking solution was poor, mr. Hunt had talked about Dean Street, the area's potential development, and the hotel's develop- ment. Uhlfelder interjected he just discussed the situation with Paul Taddune, city attorney. Taddune had said it may be possible to make a deal. The best solution now is for Uhlfelder to research the basis for such action. The possibility exists to make some sort of trade -off: install sidewalks in exchange for the parking spaces, or to provide parking spaces elsewhere, etc. Head encouraged the city and the applicant to pursue this approach. Does the applicant have the time to pursue thi:._ _izwered the Chart House wants to begin construction as soon as the skiing season ends, around April 15th. The Chart House needs to submit drawings for a building permit. Can the applicant proceed while the attorney researches the issue? If so, the applicant might be agreeable to a parking arrangement. She added Crested Butte instituted an ordinance allowing someone who cannot provide a specific parking space to contribute a playing field or other land for parking. Head asked is a decision by March 28th acceptable to the applicant. Drueding said he can issue a building permit but has to hold the CO until the parking issue is resolved. Trott accepted Drueding's proposal. Paterson emphasized again excess parking is available adjacent to the restaurant during its hours of operation. The proposed parking solution is poor. The property is sloped and not conducive to level parking. Constructing a retaining wall is not practical especially with the adjacent empty city parking. This is not sensible. Austin suggested the Chart House advertise the parking lot in the rear. The proposed solution is not sensible. why construct a retaining wall and obstruct the windows and decks? Head asked is Whitaker amenable to a parking arrangement between the applicant and the city. Whitaker answered he will consider any thing that is reasonable. Currently, it is difficult to see the site because of the snow. Head asked can Uhlfelder respond to this issue within a week. Uhlfelder replied yes. Motion: Rick Head moved to table this case until March 14, 1985; seconded by Charlie Paterson. Discussion. Austin asked should the Board move to approve the variance first. Paterson argued that action might preclude the city and the applicant from making some arrangement. Head argued the Board should have as much input on the parking arrangement before it makes a decision. Let the city attorney and the applicant explore the alternatives. FA PUBLIC NOTICE RE: CHART HOUSE CONDITIONAL USE NOTICE IS HEREBY GIVEN that a public hearing will be held on April 22, 1986, at a meeting to begin at 5:00 P.M., before the Aspen Planning and Zoning Commission, in City Council Chambers, City Hall, 130 S. Galena, Aspen, Colorado, to amend a prior conditional use approval for the purpose of recognizing the greater seating capacity which has been put into the restaurant and to mitigate the effects of that expansion. For further information, contact the Aspen /Pitkin Planning Office, 130 S. Galena, Aspen, Co 81611 (303) 925 -202. ext. 223. &/Welton Anderson Chairperson, Aspen Planning and Zoning Commission Published in the Aspen Times on March 20, 1986. City of Aspen Account. I \�\ \ ^�\ LL Z \ � \ \. % Fq 4J 0 ~\ CD 04 CD Q) Z I hereby certify that on this //_"' day of�� %�� 198 &� a true and correct copy of the attached Notice of Public Hearing was deposited in the United States mail, first -class post-ace prenaid. 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. f "bA 4� PUBLIC NOTICE RE: CHART HOUSE CONDITIONAL USE NOTICE IS HEREBY GIVEN that a public hearing will be held on April 22, 1986, at a meeting to begin at 5:00 P.M., before the Aspen Planning and Zoning Commission, in City Council Chambers, City Hall, 130 S. Galena, Aspen, Colorado, to amend a prior conditional use approval for the purpose of recognizing the greater seating capacity which has been put into the restaurant and to mitigate the effects of that expansion. For further information, contact the Aspen /Pitkin Planning Office, 130 S. Galena, Aspen, Co 81611 (303) 925 -202. ext. 223. s/_ elton Anderson Chairperson, Aspen Planning and Zoning Commission Published in the Aspen Times on March 20, 1986. City of Aspen Account. THE CHART HOUSE Steaks - Seafood - Prime Rib March 12, 1986 TO WHOM IT MAY CONCERN: This letter is to acknowledge that Mr. Thomas Wells represents CHE Inc. dba The Chart House regarding the remodel of the Aspen Chart House restaurant. Should you have any questions, please feel free to give me a call. Sincerely, J n M. Minola Corporate Counsel /Assistant Secretary JMM /ssk CITE Inc. dba The Chart House 115 S. Acacia Ave., Solana Beach. CA 92075 • Telephone (619) 755 -8281 TO: City Attorney City Engineer Housing Director Zoning Inspection Officer FROM: Steve Burstein, Planning Office RE: Chart House Conditional Use DATE: March 17, 1986 Attached for your review is an application submitted by Tom Wells on behalf of the Chart House requesting an amendment to the prior conditional use approval granted to the Chart House. The purpose of the amendment is to recognize the greater seating capacity which has been put into the restaurant and to mitigate the effects of that expansion. Please review this application and return your referral comments to the Planning Office no later than April 8th in order for this office to have adequate time to prepare for its presentation at a public hearing before the P &Z on April 22, 1986. Thank you. Recorded at. ._....2.. 0......_....o'clock._.. P_.. M., .April ...?3, 1973...... Reception No.... F ,19 Peggy E 1•fiklich ....... Recorder. ................... RECORDER'S STAMP THIS DEED, Made this 2nd day of January , 1973 , 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. BET, as to an undivided 1/3 Ekthez Loaxtw • s Sf rxtz��� YLt€133Ri 21f'$G2H't,34: interest, and JOSEPH B. CABELL, as to an undivided 1/3 interest, of the STkTE 6CCRNTI.RY FEE APn 1 °73 2 v) County of and State of Colorado, of the second I part; WITNESSETH, That the said part y ofrthe first part, for and in consideration of the sum Of ONE HUNDRED FIFTY THOUSAND and 00 /100 ($150,000.00) Dollars, and other valuable considerations, to the said part y 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 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 hereditaments 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 part y of the first part, either in law or equity, of, in and to the above bargained premises, with I 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. AndthKm4d THE CHART HOUSE CORPORATION, a Colorado Corporation part y of the first part, for it sel f I heirs, executors and administrators, do es 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 part y of the first part ha s hereunto set its hand and seal the day and year first above written. Signed, Seale5 and Delivered in the presence of THE.. . HART... HOUSE --- CM_CR_ -. [SEAL] n ATION 4h Colorado Corporationjl �/.... -... y.L... BY. :_ T 7 CGL [SEAL] Secretary Fresident _....... -.. - ...... °- - °° ............................................................ [SEAL] STATE OF COLORADO, Count�af The foregoing. instiiiment Rai. acknowledged before me this :21-- day of 1973 kr'_ HERBERT -P'- `BALDERSON, as President, and attested by ALFRED' BENT; ";as,SeCretary of THE CHART HOUSE CORPORATION, a Colorada_corporationi �,�- zF' 19 .7 3 . Witness m hand and.official seal. My commis sion Bapires `. C }} 9 2' �..............�.r„n. i... . ..... _.......... - �.�.`... r oL or persons here Insen name or names ;yyIf by person acting in representative or official capacity or as nfnaueh officer or as executor, thetpresident or other officers of such corporatln, naming ottic3tatuto p PITKIN COUNTY TITLE, Inc. Title Insurance Company 601 E. Hopkins Aspen, Colorado 81611 (303) 925 -1766 ADJACENT O14NERS LIST -- CHARTHOUSE RESTAURANT- -LOTS 6,7,8,9, BLK. 3, EAMES 1. CITY OF ASPEN 130 S. GALENA ST. ASPEN, COLORADO 81611 2. AUGUSTUS FELTON & MARGERY L. HALLUM 410 SOUTH ASPEN STREET ASPEN, COLORADO 81611 3. RICHARD D. & HELEN R. SCALES SABBATINI c/o HOLLAND & HART 600 EAST MAIN STREET ASPEN, COLORADO 81611 4. JOHN P. KLEINER 55 SECOND STREET COLORADO SPRINGS, COLORADO 80906 5. MARGERY A. KLEINER P.O. BOX 4191 ASPEN, COLORADO 81612 6. EFFIE M. ECKLUND LERNER 221 N. KENILWORTH AVE. OAK PARK, ILLINOIS 60302 7. MAX E. & JAYNE FRANCES FREEMAN P.O. BOX 1180 1520 WEST CAMINO URBANO GREEN VALLEY, ARIZONA 85622 8. JOHN DOLINSEK & FRANK DOLINSEK JR. P.O. BOX 275 ASPEN, COLORADO 81612 9. PRESTON H. & CLAUDIA R. HILL 3910 S. HILLCREST DR. DENVER, COLORADO 80237 10. DONALD L. & SANDRA S. FEINSTEIN 1415 WINDRUSH CIRCLE BLACKLICK, OHIO 43004 PITKIN COUNTY TITLE, Inc. Title Insurance Company 601 E. Hopkins Aspen, Colorado 81611 (303) 925 -1766 11. GENTRY REAL ESTATE CORPORATION 310 ELLIS BLVD. JEFFERSON CITY, MISSOURI 65101 12. RAYMOND E. & EMILY M. LOCHHEAD 1018 RUSSELL BLVD. ST. LOUIS, MISSOURI 63104 13. PATRICK A. SMITH P.O. BOX 688 BLOOMFIELD HILLS, MICHIGAN 48013 14. FRED G. SMITH P.O. BOX 1388 ASPEN, COLORADO 81612 15. LEROY G. PAAS 228 EAST COOPER AVENUE ASPEN, COLORADO 81611 16. ASPEN MANOR LODGE, LTD. 411 SOUTH MONARCH STREET ASPEN, COLORADO 81611 17. JOHN H. ROBERTS, JR. P.O. BOX CC ASPEN, COLORADO 81612 18. COMMERCE SAVINGS ASSOCIATION OF ANGLETON TEXAS SUITE 1350 111 SOLEDAD SAN ANTONIO, TEXAS 78205 19. MOUNTAIN CHALET ENTERPRISES, INC. 333 EAST DURANT AVE. ASPEN, COLORADO 81611 20. OLIVER S. & MARY JEAN TRAVERS SUITE 304 106 WEST PENNSYLVANIA AVENUE TOWSON, MARYLAND 21204 21. ROGER M. & DIXIE H. DIXON COTTON EXCHANGE BUILDING DALLAS, TEXAS 75201 �� AB �ef r PITKIN COUNTY TITLE, Inc. Title Insurance Company 601 E. Hopkins Aspen, Colorado 81611 (303) 925 -1766 22. NORVA M. BRAY CONDO 1 -J, 205 EAST DURANT AVENUE ASPEN, COLORADO 81611 23. PAUL E. & SUSAN W. PENN 9505 COPLEY DRIVE INDIANAPOLIS, INDIANA 46260 24. CHARLES E. BAKER, JR. & BARBARA M. PRITCHARD 333 EAST 75th NEW YORK, NEW YORK 10551 25. SOUTH POINT - SUMNER CORPORATION 4828 FORT SUMNER DRIVE BETHESDA, MARYLAND 20816 26. SOUTH PIONT CONDOMINIUM ASSOCIATION 205 EAST DURANT AVE. ASPEN, COLORADO 81611 27. RICHARD J. & ANN S. GARRETT 405 ALLENS CREEK ROAD ROCHESTER, NEW YORK 14618 28. FRANK & VIRGINIA HARDISON 1211 EMERALD BAY LAGUNA BEACH, CALIFORNIA 92651 29. PHILIP G. HERSHBERGER 2737 CLUB TERRACE FORT WAYNE, INDIANA 46804 30. NANCY KULLGREN UNIT 2 -C, 205 EAST DURANT AVENUE ASPEN, COLORADO 81611 31. BRYNMAWR NEWPORT COMPANY c/0 DON GIFFORD, C.P.A. SUITE 507, 500 NEWPORT CENTER DRIVE NEWPORT BEACH, CALIFORNIA 92660 PITKIN COUNTY TITLE, Inc. Title Insurance Company 601 E. Hopkins Aspen, Colorado 81611 (303) 925 -1766 32. ELSA FISCHER, MARTHA FISCHER & FRIEDA FISCHER 525 WEST HALLAM ASPEN, COLORADO 81611 33. FRANK KONST APT. 104, BAY TREE CONDOMINIUM 8635 MIDNIGHT PASS ROAD SIESTA KEY, SARASOTA, FLORIDA 33581 34. KARL HEFLEY 607 OCEAN DRIVE, #11K KEY BISCAYNE, FLORIDA 33149 35. HUGH S. & JENNIFER M. HATCHER 191 RACE STREET DENVER, COLORADO 80206 36. SALLY RAE GLENN 504 WEST HALLAM ASPEN, COLORADO 81611 37. DAVID COURTNEY EVANS X1201 199 MARLBOURGH STREET BOSTON, MASS. 02116 38. HELEN ZOLLER NORTE 45, 11 633 MEXICO 15, D.F. 39. ELIZABETH B. FISHER 61 GREEN VALLEY ROAD PITTSFORD, NEW YOK 14534 40. CHARLES M. SCHAYER, III & KAREN JANE HORTON 588 SO. PONTIAC WAY DENVER, COLORADO 80224 41. CARL F. & HELEN J. LEVY 937 DALE ROAD MEADOWBROOK, PENNSYLVANIA 19046 42. LTC. C.M. SCHROEDER, JR. & BETTY ANN SCHROEDER 937 DALE ROAD MEADOWBROOK, PENNSYLVANIA 19046 PITKIN COUNTY TITLE, Inc. Title Insurance Company 601 E. Hopkins Aspen, Colorado 81611 (303) 925 -1766 43. WILBERT T. WOODSON JR. & TATJANA D. WOODSON P.O. BOX 9708 ASPEN, COLORADO 81612 44. MRS. MAUDE M. TWINING, ARTHUR HAROLD & FREDNA STROMBERG c/o MRS. TWINING 205 EAST DURANT AVENUE ASPEN, COLORADO 81611 45. HAROLD V. & LINDA M. VAN TONGEREN TWO THOUSAND CHEESMAN EAST 200 EAST 12th AVENUE DENVER, COLORADO 80206 46. TERRY A. MITCHELL JAY C. SCHUPPERT UNIT 1 -H, SOUTHPOINT CONDOMINIUMS 205 EAST DURANT AVE. ASPEN, COLORADO 81611 47. RICHARD & GERALDINE M. BOUNDY 906 W. SUGNET ROAD MIDLAND, MICHIGAN 48640 48. RAYMOND DALE STUHL & EDWARD L. BROWN P.O. BOX 604 ISLE, ILLINOIS 60532 49. STANLEY G. ANTON 70 LINCOLN DRIVE SAUSILITO, CALIFORNIA 94965 50. HUBERT C. HIGH, EDWARD DE PINTO, JOHN F. GURY & WILLIAM ANDY HAYS D.B.A. H.H.G.D.A. c/o GAYLON WEAVER P.O. BOX 2243 GRAND JUNCTION, COLORADO 81502 51. GEORGE W. CALKINS 5100 E. QUINCY AVE, ENGLEWOOD, COLORADO 80110 52. BENJAMIN B. CASSIDAY, JR. 5621 KALANIANOLE HIGHWAY HONOLULU, HAWAII 96821 53. SHU -YUAN & MIN -CHUN CHU & CHI -KANG & NANCY LU 1357 CENTURY AVENUE RIVERSIDE, CALIFORNIA 92506 54. STANLEY J. BARBARA W. CRISTOL 2918 3rd STREET BOULDER, COLORADO 80302 PITKIN COUNTY TITLE, Inc. Title Insurance Company 601 E. Hopkins Aspen, Colorado 81611 (303) 925 -1766 55. ADAM M. ARON APARTMENT 22V 30 LINCOLN PLAZA NEW YORK CITY, NEW YORK 10023 56. DAVID A. & SANDRA L. MULKEY 213 CAMPBELL DRIVE LAS VEGAS, NEVADA 89107 57. THOMAS W. & KAY L. McCONNEL 4603 GREENSBORO TROY, MICHIGAN 48090 58. ROBERTO ALVARADO RIOS c/o COFRE DE PEROTE 325 -302 LOMAS DE CHAPULTREPEC CODIBO POSTAL 11000 MEXICO D.F., MEXICO 10010 59. C.W. LANGFORD, JR. & LANE LANGFORD 1300 TODD BRIDGE ROAD OWENSBORO, KENTUCKY 42301 60. LYNN W. REED 6434 RIO GRANDE, N.W. ALBUQUERQUE, NEW MEXICO 87107 61. ROARING FORK PROPERTIES 604 BRIER STREET KENILWORTH, ILLINOIS 60043 62. FRED G. SMITH P.O. BOX 1388 ASPEN, COLORADO 81612 63. JOHN M. STEPHENS APT. 208 6744 HILLPARK DRIVE LOS ANGELES, CALIFORNIA 90068 64. FRANK D. & DONNA T. WIBERDING F.D.W. PROPERTIES 20630 HARPER AVENUE HARPER WOODS, MICHIGAN 48225 PITKIN COUNTY TITLE, Inc. Title Insurance Company 601 E. Hopkins Aspen, Colorado 81611 (303) 925 -1766 65. DONALD W. WILSON 679 KISKATOM LANE MANDEVILLE, LOUISIANA 70448 66. ROBERT T. WARSTLER 17421 RIVERHILL DRIVE DALLAS, TEXAS 75252 67. MILTON ZALE, EDWIN C. GLICKMAN & BENN JAMES JACOBSON c/o NORTH TOWNE CONSTRUCTION 2536 NORTH HALSTED STREET CHICAGO, ILLINOIS 60613 68. RICHARD L. FRIEDMAN 175 FEDERAL STREET, SUITE 500 BOSTON, MASS. 02110 69. JOEL WUGALTER 245 EAST 54th STREET NEW YORK CITY, NEW YORK 10022 70. DEAN & SYLVIA VANDER WALL 531 EAST POST LONE PINE, CALIFORNIA 93545 71. VERA JEAN KNOWLTON, JUDY KNOWLTON, KAY KNOWLTON & JOY KNOWLTON SUITE 31, 2552 EAST ALAMEDA DENVER, COLORADO 80209 72. DAVID C. KNOWLTON APARTMENT 953B, 460 SOUTH MARION PARKWAY DENVER, COLORADO 80222 73. ROANE M. LACY, JR. P.O. BOX 887, WACO, TEXAS 76703 74. GILBERT WALTERS 2540 SOUTH TAMIAMI TRAIL SARASOTA, FLORIDA 33579 75. ALLAN P. LECHARD 1002 BUCKINGHAM ROAD GROSSE POINTE PARK, MICHIGAN 48230 PITKIN COUNTY TITLE, Inc. Title Insurance Company 601 E. Hopkins Aspen, Colorado 81611 (303) 925 -1766 76. L. DUNCAN SMITH, CONNIE J. MOAK & PETER T. CHINGOS APT. 30 419 EAST 57th STREET NEW YORK CITY, NEW YORK 10022 77. ROBERT W. O'CONNOR & CATHERINE L. O'CONNOR P.O. BOX 1357 SOUTH BEND, INDIANA 46621 78. MARVIN R. & DIANE W. BANTON 9600 RED GATE ROAD RIVER RIDGE, LOUISIANA 70123. / 2 1 r zo J ♦ ? r �i �Oar �r ♦tea. - .� /� r � m ° - Vl` r r�� � � L O IF e r I •J M c I v 'tl h aN4R�M'� R ET � a a� y� r / a ag Oy= m= v UZ I �T o tlO a • S C 8 r PI a ( t y p SoUTN G4 4 �P `E N4 ST r u o0 o� f hN t Uloo.oa ,{ Y O R s 2r° 2g o ® � a I ENTER �- 1 ® Y] 0 11j s m ° G4LEN4 STREET 2 G STREET 0 4 ♦ OI N CaRMIS�M STRE ®t o O I o 0 la nn 4SPEN tr ". ',. SHEET 60 C47;--ip A a rpill ASPEN /PITRIN PLANNING OFFICE 130 S. Galena Street Aspen, Colorado 81611 (303) 925 -2020 -Tow. wt \�S Go • ca b 0 RE: L\,,,.� l,o•�,.�- o,...\ Dear mow This is to inform you that the Planning Office has completed its preliminary review of your application for complete- ness. we have determined that your application _. is complete. is not complete. The additional items we will require are as follows: v/ Disclosure of ownership (one copy only needed) . ✓ — Adjacent property owners list (one copy onl needed). Additional copies of entire application. Authorization by owner for representative to submit application. Response to the attached list of items demonstrat- ing compliance with the applicable policies and regulations of the Code, or other specified materials. A check in the amount of $ is due. A. Since your application is complete, we have scheduled it for review by the on We will be calling you if we need any additional information prior to that date. In any case, we will be calling you several days prior to your hearing to make a copy of the review memorandum available to you. Please note that it (is) (is not) your responsibility to post your property with a sign, which we can provide you. B. Since your application is incomplete, we have not scheduled it for public review at this time. When we have received the materials we have requested, we will be happy to place you on the next available agenda. d Please feel free to call '--I *c `^ 5"W-t^ , who is the planner assigned to this case, if you have any questions. Sincerely, AS EN PITRIN PLANNING OFFICE Alan Richman, Planning and Development Director AR: j1r To A.M. '�t A.M. Date Time P.M. WHIL� YOULWERE OUT From r b ,60A / Of Ph Message r4N ]�-v f nh+ �7r►��eii w1 �iN ' 0 ��,� Notes Signed • He -order No. 7 -92001 100 S. Schaller Road • P.O. Box 4700 • Lincolnshire, IL 80197 -4700 -xN