HomeMy WebLinkAboutLand Use Case.CU.400 W Main St.22-82V
No. 02;
CASELOAD SUMMARY SHEET
City of Aspen
1. DATE CERTIFIED COMPLETE: M"��01 1 � STAFF: (� /7C ���✓
2. APPLICANT: F owed 9as' BSaS
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3. REPRESENTATIVE: M me az a .6 rue 1
4. PROJECT NAME:
5. LOCATION: I
6. TYPE OF APPLICATION:
4 Step: GMP
PUD
Subdivision
2 Step: Subdivision Exception
GMP Exception
Rezoning
SPA
1 Step: Use Determination
Conditional Use
Special Review
HPC
No. of Steps: Other:
0
7. REFERRALS
✓ Attorney _Sanitation District _School District
_Engineering Dept. Mountain Bell Rocky Mtn. Nat. Gas
_Housing _Parks ` State Highway Dept.
_Water Holy Cross Electric _Fire Chief
_City Electric ire Marshal /Building Dept. / Other
8. DISPOSITION - --
P & Z� Approved Denied Date 3 6 ? /
I 1
Council Approved Denied Date _
9. PRELIMINARY PLAT REFERRALS:
_Attorney _Sanitation District _School District
_Engineering Dept. _Mountain Bell _Rocky Mtn. Nat. Gas
_Housing _Parks _State Highway Dept.
_Water _Holy Cross Electric Other
City Electric Fire Marshal /Building Dept.
10. PRELIMINARY PLAT - PUBLIC HEARING
P & Z Approved Denied Date
11. FINAL PLAT
Council Approved Denied Date
12. ROUTING:
Attorney ZBuilding Engineering _ Other
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MEMORANDUM
TO: Aspen Planning and Zoning Commission
FROM: Colette Penne, Planning Office
RE: Charlemagne Restaurant - Expansion of a Conditional Use
DATE: June 8, 1982
The Charlemagne Restaurant (previously L'Armagnac) in the Flora Dora Building
on Main Street would like to expand the restaurant space by adding an outside
patio dining area. The restaurant is a conditional use in the 0 - office zone,
therefore this requested expansion must be reviewed.
The applicant proposes a flagstone patio with all plantings left intact and
additonal flowers added in the planters against the building. The low iron
fence will remain and a new hedge will be planted that will obscure the
view of the flagstone, The HPC is going on a site visit at their meeting
on June 8 and considering this request since the. building is in the Main Street
Historic District, Their comments will be presented to you at the meeting.
The Planning Office recommends approval for this expansion of a conditional
use on the condition that if this use ceases and a subsequent tenant of the
restaurant chooses not to utilize the patio, that the present applicants
return the space to grass.
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LEASE
THIS LEASE AGREEMENT made and entered into this 24th day of
May, 1982, by and between CARINTHIA, INC., a Colorado corporation
(hereinafter referred to as the "Lessor ") and COTEAUX, LTD., a
Colorado corporation (hereinafter referred to as the "Lessee ").
WHEREAS, Lessor is the owner of a building constructed on
Lots P, Q, R and S, Block 37, Aspen, Colorado, and Lessee desires
to lease restaurant space in the Floradora Building of
approximately 3,648 square feet (inside measurements) together
with an exterior patio area for the operation of a gourmet
restaurant.
W I T N E S S E T H:
1. Lease Property In consideration of Lessee's payment of
rent and keeping the covenants and agreements required of it by
this Lease, Lessor hereby leases to Lessee the restaurant space
in the Floradora Building of approximately 3,648 square feet,
containing approximately 3,648 square feet, together with three
(3) underground parking spaces, together with the exterior patio
area located between the building and the public sidewalk as
shown on Exhibit A attached hereto.
2. Term of Lease and Possession
A. The initial term of this Lease shall be for a period
of ten (10) years, beginning on June 1, 1982 and terminating on
May 31, 1982, subject to Paragraph 12 hereunder.
Upon execution of this Lease, Lessee shall be permitted
to enter the premises for the purpose of construction of
improvements.within the premises, at the risk of Lessee. Lessee
shall be responsible for paying utilities used during its
occupancy.
3. Rental Upon execution of this Lease, the Lessee will
pay to Lessor the sum of Three Thousand Three Hundred Dollars
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($3,300.00) for payment of utility bills accrued to date. Lessee
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agrees to pay to Lessor as rental for the use and occupancy of
the demised premises, at the times and in the manner herein
provided, the following sums of money, to wit:
A. Minimum Rental Four Thousand Four Hundred
Thirty -Eight and 25/100 Dollars ($4,438.25) per month, in
advance, on the first day of each and every month for the first
year of the lease term. For the remainder of the initial and any
extended lease term, the rental rate minimum shall be the base
monthly rate of Four Thousand Four Hundred Thirty -Eight and
25/100 Dollars ($4,438.25) plus the cost of living increase as
shown in the "Consumer Price Index for Urban Wage Earners and
Clerical Workers, All Cities for All Items," published by the
Bureau of Labor Statistics of the United States Department of
Labor, using the index number for the month of March, 1982, as
the basis of comparison. For reference purposes, the average
index thereof for the year 1967 was 100 and the index number for
the month of March, 1982 was 282.5. Said adjustments for the
increases shall be made annually effective the first day of June
or as soon thereafter as the index information is available.
If at any time of adjustment of the monthly rental minimum
herein said Consumer Price Index is no longer published, the
parties shall use such other index as is then generally
recognized or accepted for the purpose of making similar
determinations of purchasing power. If the parties are unable to
agree to a substitute index, or if a dispute exists, the
questions of a proper index or monthly rental consistent with the
objectives and intentions of the within adjusted mechanisms shall
be determined by arbitration. This adjustment of minimum monthly
rent shall be calculated and applied annually at the end of each
lease year during the lease term until the expiration of this
Lease and any renewals thereof.
All rentals as set forth in this subparagraph A above shall
be payable in advance on the first day of each and every calendar
month during the term at the office of the Lessor, or at such
other place as the Lessor from time to time, in writing, may
designate. Upon the execution of this Lease, Lessee shall pay
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the first and last months' rent of the Lease term, which shall be
Eight Thousand Eight Hundred Seventy Six and 50 /100 Dollar
($8,876.50) and common utility and maintenance expenses for June
1982 of Five Hundred Seventeen and 84/100 Dollars ($517.84),
totaling Nine Thousand Three Hundred Ninety Four and 34/100
Dollars ($9,394.34).
B. Security Deposit In addition, the Lessee shall
pay to Lessor a security deposit of Ten Thousand Dollars
($10,000.00) upon execution of this Lease. Said deposit shall be
held by Lessor as security for the faithful performance by Lessee
of all the terms, covenants and conditions of this Lease by
Lessee to be kept and performed during the term hereof, and
Lessor shall pay Lessee annually interest on said security
deposit based on commercial bank interest rate established for
savings accounts as the same shall be in effect from time to time
during the term of this Lease.
If, at any time during the term of this Lease, any
of the rental herein reserved shall be overdue and unpaid, or any
other sum payable by Lessee to Lessor hereunder shall be overdue
and unpaid, then Lessor shall have the right, at its option, to
appropriate and apply any portion of said security deposit to the
payment of any such overdue rental or other sum. In the event of
the failure of Lessee to keep and perform any of the other terms,
covenants and conditions of this Lease to be kept and performed
by Lessee, then Lessor shall have the right, at its option, to
appropriate and apply said entire deposit, or so much thereof as
may be necessary, to compensate Lessor for all loss or damage
sustained or suffered by Lessor due to such breach on the part of
Lessee.
Should the entire deposit, or any portion thereof,
be appropriated and applied by Lessor hereunder, then Lessee
shall, upon the written demand of Lessor accompanied with an
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accounting for the amount debited, forthwith remit to Lessor a
sufficient amount in cash to restore said security to the
original sum deposited and Lessee's failure to do so within
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thirty (30) days after receipt of such demand shall constitute a
breach of this Lease. Should Lessee comply with all of said
terms, covenants and conditions and promptly pay when due all the
rental and all other sums payable by Lessee to Lessor hereunder,
the deposit shall be returned in full to Lessee upon the
expiration or earlier termination of this Lease.
It is understood that rent is expressed in monthly
installments for convenience only, because the rental rate is
subject to adjustments for costs of.living increase after the
first year of the lease term as hereinabove provided.
C. Maintenance In addition to the monthly rental set
forth above, Lessee shall pay to Lessor his prorata share (based
on square footage of leased area (3,648 square feet) to total
square footage of building area (8,993 square feet) less
underground parking area, of the costs of maintenance of common
areas (excluding all cost of maintenance of office area located
in the westerly one -half of the building), snow removal, lawn
watering, heating and maintenance of underground parking area.
Said costs shall be paid to Lessor in advance on the 1st day of
each month based on Lessor's estimate of common maintenance and
common utility expenses, which shall be adjusted each calendar
year. If Lessee elects to conduct restaurant operations on the
patio area described in Exhibit A, Lessee shall maintain and pay
all cost of maintenance of said area. Lessor covenants that all
Lessor's maintenance except patio area shall be performed on a
regular basis.
D. Insurance. During the term of this Lease, Lessee shall
pay, within ten (10) days of billing by Lessor, any differential
between the annual or semi- annual premium cost of insurance for
fire and extended coverage insurance for replacement value of the
building and public liability insurance on the said building if
no restaurant was contained therein, and the annual or
semi- annual premium cost of insurance on the said building with a
restaurant contained tberein< The difference in the cost of
insurance on the building, with or without a restaurant therein,
shall be determined solely by the Lessor's insurance broker or
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agent, provided that said determination of broker shall be no
greater than the fair market cost of said insurance.' In
addition,. during the last eight (8) years of the initial lease
term, the Lessee shall pay to the Lessor the prorated cost of
insurance premiums on the entire building and property (based on
square footage measurement of the lease premises to the entire
building), plus the difference in cost of insurance premiums as
provided hereinabove.
After the first year of this Lease and any year
thereafter, Lessee shall have the right to choose a reputable
insurance company, other than the insurance company then handling
the Lessor's insurance on the building, provided that said
insurance company can provide the same or better terms and
conditions and at a lesser premium cost than currently provided
by Lessor's insurance company.
E. Real Property Taxes Lessor shall pay all real estate
taxes on the entire building and land which include the leased
premises; provided, however, that if there shall be any increase
in such taxes in the second year of the term of this Lease, or
any year thereafter, from the amount of real property taxes
levied upon such property during 1982, then the Lessee shall in
each such year pay as additional rent an amount equal to the
prorated share of such tax increase as applied to the leased
premises. Such prorated share of said property tax increase
shall be based on the square footage of the entire building,
(less underground parking space); i.e., if the leased premises
contain 3,648 square feet, then Lessee shall pay, when due 3,648
divided by 8,993, multiplied by the increase in total real
property taxes on the improvements and land. All personal
property taxes attributable to the leased premises and restaurant
operation shall be paid by Lessee.
F. Penalty Rent Lessee agrees to pay as additional rent
the sum of Fifty Dollars ($50.00) per day for each'day the rental
due under the provisions hereof is delinquent after the third
day.
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4. Utilities Lessee shall pay all charges for gas,
electricity, sewer, trash, telephone, water, heat and power used
or supplied in connection with the leased premises, and shall
indemnify Lessor against any liability or damages for non - payment
thereof. Charges for unmetered utilities shall be prorated based
on square footage and paid when billed. Lessor warrants that all
tap fees for the leased premises have been paid by Lessor.
5. Character of Occupancy Lessee agrees and Lessor
acknowledges that the leased premises shall be used and occupied
only as a high quality gourmet restaurant, in a careful, safe and
proper manner and that it will pay on demand for any damage to
the premises caused by the misuse of same by them or their
officers, agents or employees; that it will not use or permit the
leased premises to be used for any purposes prohibited by the
laws of the United States or the State of Colorado, or the
ordinances of the City of Aspen, or County of Pitkin; that it
will not keep or use any substance or material in or about the
leased premises which may vitiate or endanger the validity of the
insurance on said building or increase the hazard of the risk;
that it will not permit any nuisance in the leased premises.
6. Lessee Agrees
A. To pay the rent promptly in advance as hereinabove
provided.
B. To take care of the leased premises, including, but
not limited to, the interior walls, floors, ceiling, electrical
apparatus and electrical wiring, glass and doors. It is
expressly understood that the Lessee is responsible for the
maintenance and repair for the leased premises, including, but
not limited to, glass, plumbing and sanitation lines; provided,
however, that the Lessor shall be responsible both as to
responsibility and cost for roof repairs and structural failures
of the exterior walls and foundation and maintenance of
sanitation, water and electrical lines outside of leased
premises, except where such roof repairs, structural failures or
damages to the outside sanitation, electrical or water lines
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result from the intentional acts or negligence of the Lessee,
their officers, agents, employees or invitees. It is understood
by Lessee that in conjunction with this paragraph there is a duty
to reasonably inspect the premises and report any potential major
structural problems to Lessor in accordance with the notice
requirements of this Lease.
C. To make all repairs necessary in and about the
leased premises and its appurtenances which are necessary to
preserve the same in good order and condition, except as provided
in subparagraph 6B above. Such repairs shall be in quality and
class equal to the original work at the time occupancy is
granted. To repair before the lease expires_or the tenancy
otherwise terminates, all damage to leased premises and its
appurtenances caused by the installation or removal of furniture,
fixtures and other personal property and by Lessee's use of the
leased premises so as to restore the leased property to the state
which existed at the time occupancy commenced, other than normal
wear and tear.
D. To quit and surrender the leased property in as good
order and condition as at the beginning of the occupancy with
only reasonable wear and tear excluded, and damage caused by the
elements, accidental fire or other accidental casualties
excepted.
E. Not to use the premises or personal property for any
purposes contrary to applicable law, ordinance or regulation.
F. To prevent any disorderly conduct, noise or nuisance
whatsoever, on or about the premises.
G. To prevent overloading or abuse of floors, walls or
structure and to prevent the use of the premises which render the
insurance void or the insurance risk more hazardous.
H. To permit the Lessor to advertise the premises for
rent a reasonable time before the Lease eNpires, or the tenancy
otherwise terminates, by signs or other devices placed in or
about the premises.
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I. To keep the leased premises in a clean condition,
free from hazard to health or safety to persons and property and j
to remove all litter and debris therefrom. 1
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J. Not to place nor erect signs or placards upon the
exterior of the premises or within view of the outside of the
building, except as normally displayed for business purposes,
without the authorization of the Lessor. Lessee shall submit
drawings and plans of proposed sign or signs to Lessor for its
approval, which shall not be unreasonably withheld.
7. Insurance and Indemnification Lessee agrees to
indemnify and save Lessor harmless against any and from all
claims, damages, costs and expenses, including reasonable
attorney's fees, arising from the conduct or management of the
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business conducted by Lessee on the premises or from any breach
or default on the part of the Lessee in the performance of any
covenant or agreement on the part of the Lessee to be performed
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under this Lease, or from any act of negligence of Lessee, their
officers, agents, servants, employees, guests and invitees on or
about the premises. In case any action or proceeding is brought
against the Lessor by reason of any such claim, Lessee, upon
notice from Lessor, covenants to defend such action or
proceeding. Lessor shall not be liable, and Lessee waives all
claims, for damage to person or property sustained by Lessee or
Lessee's officers, agents, employees, servants, invitees and
customers resulting from any accident in or about said premises
except caused by negligence or willful act of Lessor or its
agents. Lessee shall carry insurance against loss from breakage
or damage to all window glass on the premises. Lessee shall
further carry liability insurance at Lessee's expense, against
personal injury and property damage occurring on the premises in
the minimum total amounts of $500,000.00 per person and
$500,000.00 per occurrence for personal injury, and $25,000.00
for property damage; such policy shall name the Lessor as
additionally insured and shall provide for ten days prior written
notice to Lessor of lapse or cancellation for any reason
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whatsoever. Lessee shall furnish Lessor with certificates
evidencing that insurance is in effect at all times during the
term of this Lease. In the event of Lessor's negligence, Lessor
shall indemnify and hold Lessee harmless from all claims and
costs of any nature, including reasonable attorney's fees,
resulting from use of the common areas of the building and the
underground parking area by any person.
S. Additions and Alterations. Lessee shall not make or
permit to be made any structural alterations, additions or
changes on the leased premises without the prior written consent
of Lessor, except wall surfaces shall not require such consent.
Lessee shall submit all plans and specifications for any proposed
alterations, additions or changes (including plans for alteration
of the patio area for restaurant usage) to Lessor for his written
approval. Each page of such plans and specifications shall be
initialed as approved by Lessor and Lessor shall indicate thereon
each and every items which it may require Lessee to change,
modify or remove at the termination of this Lease. Lessee shall
furnish a copy of all such approved plans and specifications to
Lessor for his retention. All work with respect to permitted
alterations, additions and changes shall be done at Lessee's sole
expense, in a good and workmanlike manner. Upon termination of
this Lease, for any reason, all or part of such alterations,
additions or changes shall be considered as improvements and
shall not be removed by Lessee except as provided above. Lessee
shall of course have the right to remove any and all furnishings,
fixtures, including trade fixtures, but excluding carpets, so
long as Lessee restores any damage caused to the premises as a
consequence of such removal. Any such al.terations,,additions or
changes shall be made strictly in accordance with all the
ordinances and regulations relating thereto.
9. Damage to Premises In the event the leased premises
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become unusable for Lessee's business as the result of damage or
destruction not caused by Lessee, their agents, employees, guests
or invitees, rent shall be abated from the time the lease
premises have become unusable for Lessee's business. In the
event that more than forty percent (40%) of the improvements are
damaged by reason of fire or other casualty not caused by the
intentional act of negligence of Lessee, their officers,
employees and agents, the Lessor., at its option, may (a) rebuild
the improvements in substantially the same floor plan as existed
on the date of casualty, or (b) terminate the Lease and thereupon
be released from all further liability hereunder. The Lessor
must exercise its option within thirty days after the occurrence
of the casualty and give notice to Lessee of its decision. In
the event that the Lessor elects to rebuild, it shall commence
reconstruction within a reasonable period of time, not to exceed
ninety days, and proceed diligently to its completion. All
rentals shall abate from the date of the casualty until
reconstruction is completed or the Lease terminated.
In the event that less than forty percent (40%) of
the premises are destroyed by casualty, the Lessor shall be
obligated to reconstruct and /or repair the premises. Such work
shall be commenced within a reasonable period of time, not to
exceed forty -five days and proceed diligently until its
completion. Rental shall abate only for such period as Lessee is
unable to operate its business.
The provisions of this paragraph 9 with respect to
(a) abatement of rentals, (b) option to rebuild or terminate the
Lease, and (c) obligation to reconstruct or repair, shall be
applicable if, and only if, the loss was not caused by Lessee,
its officers', employees' and agents' intentional act or
negligence.. Any act of- _repass or reconstruction caused to be
done by Lessor shall nol rrnstitute a waiver of Lessee's
liability hereunder..
10. Mechanic's Lien
A. Lessee shall not permit any mechanic's, material-
men's or other lien to stand against the leased property for work
or materials furnished to the Lessee, provided that Lessee shall
have the right to contest the validity of any lien or claim of
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the Lessee and that Lessee shall first have posted a bond to
insure that upon final determination of the validity of such lien
or claim the Lessee shall immediately pay any judgment rendered
against them with all proper costs and charges, and shall have
SUCH lien released without cost to the Lessor.
B. If Lessee shall be in default in paying any charge
for which a mechanic's lien, claim or suit to foreclose a lien
has been recorded or filed, and shall not have given Lessor
security as aforesaid, Lessor may (but without being required to
do so) pay.said lien or claim and any costs and the amounts so
paid, together with reasonable attorney's fees incurred in
connection therewith, shall be immediately due and owing from
Lessor to Lessor, with interest at the rate of eighteen percent
(18 %) per annum from the dates of Lessor's payments.
C. Should any claim be filed or recorded against the
leased property, or any action affecting title thereto be
commenced, Lessee shall give Lessor written notice thereof, as
soon as Lessee has knowledge thereof.
D. Lessor shall have the right to demand lien waivers
for all contractors, subcontractors and materialmen working on
the leased premises.
11. Assignment and Sublease Any transfer of more than
forty -nine percent (49%) of the stock of the lessee corporation
named herein shall be deemed an assignment. Lessee shall not
have the right to sublet the leased premises or any part or parts
thereof. Lessee further agrees that it will not assign,
mortgage, or otherwise convey this Lease or any interest therein,
without obtaining the prior written consent of the Lessor, which
shall not be unreasonably withheld.
12. Right of Renewal Provided that Lessee is not in
default in the performance of the terms and conditions as herein
provided, Lessee shall have the right to lease the demised
premises for two additional five (5) year periods upon the same
terms and conditions of this Lease, including all rental
increases to be computed annually as provided in paragraph 3A
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above. In no event shall the rent for the first year of either
of such additional renewal periods be less than the annual rent
for the last (10th) year of the initial lease period inclusive of
cost of living increases.
13. Covenant of Quiet Enjoyment So long as the Lessee is
not in default hereunder during the term hereof, the Lessor
covenants that the Lessee shall peaceably and quietly occupy and
enjoy the leased property subject to the terms hereof. The
Lessor warrants and agrees that the Lessee shall have the right
at any time to redeem the leased property for the Lessor by
payment of any encumbrance, tax or other lien on the leased
property in the event of default of payment by the Lessor and be
entitled to reimbursement for costs incurred in any default or
redemption accordingly or to deduct the amount so paid from the
obligations of this Lease.
14. Lessor's Rights; Lessee's Defaults
A. The occurrence of any of the following shall
constitute an event of default:
(1) Delinquency in the payment of rent under this
Lease when such rent shall become payable, and the failure to
cure said delinquency within the three day period after written
notice has been served in accordance with the provisions of
Section 13- 40- 104(1)(d) C.R.S. 1973.
(2) Delinquency by the Lessee in the performance of
or compliance with any of the conditions contained in this Lease.,
other than non - payment of rent, for a period of twenty days after
written notice thereof from the Lessor to the Lessee, provided
Lessee has not made reasonable efforts to correct such
delinquency during that time.
(3) Filing by the Lessee in any court pursuant to
any statute, either of the United States or of any state, of a
petition in bankruptcy or insolvency, or for reorganization, or
for the appointment of a receiver or a trustee of all or a
portion of the Lessee's property, or an assignment by the Lessee
for the benefit of creditors; or /
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(4) Filing against the Lessee in any court pursuant
to any statute, either of the United States or of any state, of a
petition of bankruptcy or insolvency, or for reorganization, or
for appointment of a receiver or trustee, of all or a portion of
the Lessee's property, if within ninety days after the
commencement of such proceeding against the Lessee such petition
shall not have been dismissed.
B. Upon the occurrence of an event of default except as
provided in paragraph 14A(1) above, the Lessor at any time
thereafter may give written notice to the Lessee specifying such
event of default and stating that this Lease shall expire on the
date specified in such notice, which shall be at least twenty
days after the giving of such notice, and upon the date specified
in such notice, this Lease and all rights of the Lessee hereunder
shall terminate.
C. Upon the expiration of this Lease, pursuant to the
preceding subparagraph, the Lessee shall peacefully surrender the
leased property to the Lessor, and the Lessor upon or at any time
after any such expiration may, without further notice, reenter
the leased property and repossess it by force, summary
proceedings, ejectment or otherwise, and may dispossess the
Lessee and remove the Lessee and all other persons and property
from the leased property, and may have, hold and enjoy the leased
property and the right to receive all rental income therefrom.
D. At any time after such expiration, the Lessor may
relet the leased property or any part thereof, in the name of the
Lessor or otherwise for such term (which may be greater or less
than the term of this Lease) and on such conditions (which may
include concessions or free rent) as the Lessor, in'the Lessor's
reasonable discretion, may determinb and may collect and receive
the rents therefor. The Lessor shall in no way be responsible or
liable for any failure to, collect rent due upon any such
reletting.
E. No such expiration of this Lease shall relieve the
Lessee's liability, and Lessee's obligations for rent and damages
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shall survive any such expiration. In the event of any such
,expiration, the Lessee shall pay to the Lessor the rent required
to be paid by the Lessee up to the time of such expiration, and
thereafter the Lessee, until the end of what would have been the
term of this lease or the extension hereof (not including any
unexercised options), in the absence of such expiration, shall be
liable to the Lessor for, and shall pay to the Lessor, as and for
liquidated and agreed damages for the Lessee's default:
(1) The equivalent of the amount of the rent which
would be payable under this Lease by the Lessee, if this Lease or
extension hereof were still in effect; less
(2) The net proceeds of any reletting affected
pursuant to the provisions of the preceding subparagraph, after
deducting all of the Lessor's reasonable expenses in connection
with such reletting, including, without limitation, all
repossession costs, brokerage commission, legal expenses,
attorney's fees and expenses of preparation for such reletting.
F. Lessee agrees to pay, upon demand, reasonable
attorney's fees and all other expenses incurred by Lessor in
enforcing or attempting to enforce any provision of this lease,
or incurred in any action or proceeding by reason of a default
under this Lease, or incurred by reason of any action to which
Lessor shall be made a party because of this Lease, all of which
may be awarded to Lessor as part of any such action or
proceeding.
15. Notice. Notice to the Lessor or Lessee required herein
shall be sent by certified mail, return receipt requested, or
delivered personally (a) to the Lessor at P.O. Box 941, Aspen,
Colorado 81612 and (b) the Lessee at 400 West Main St.,
Aspen, Colorado 81611, vs to such other address as either shall
furnish to the other for the purpose of notice of payment of rent
under this Lease.
16. Right of First Refusal Providing Lessee is not in
default under the terms and provisions of this Lease, in the
event Lessor wishes to sell. (a) the entire building including the
_14_ �/
demised premises or (b) the demised premises as condominium
space, then the Lessee shall have a right of first refusal to
purchase same to be exercised by Lessee within thirty days
following Lessee's receipt of a copy of a written offer from a
third party bona fide purchaser which offer is acceptable to
Lessor. If Lessee elects to exercise this right of first refusal
to purchase the building or the demised premises, as the case may
be, such purchase shall be upon the same terms and conditions
specified in the written offer from the foregoing purchaser.
In the event that the Lessor wishes to accomplish a sale of the
entire building or the demised premises, Lessor covenants to
inform all proposed purchasers, brokers and agents of the terms
and provisions of the Lessee's right of first refusal as set
forth in this paragraph.
17. Liquor License Contingency Lessor and Lessee
acknowledge that promptly following the execution of this Lease
the Lessee will diligently apply to the City of Aspen for a
restaurant liquor license to permit sale of wine and alcoholic
beverages upon the premises in connection with restaurant
operations. Lessor and Lessee agree that if said liquor license
is not effectively issued to Lessee through no fault of Lessee on
or before August 31, 1982, then the Lessee shall have the right
to elect_ to cancel this Lease and receive a complete refund of
all rental and security deposits hereunder; provided, however,
that in the event of said cancellation, the Lessee shall be
obligated to pay all rental, maintenance expenses, insurance
premiums, utility bills, and other financial obligations of the
Lessee under this Lease accrued through the effective date of
Lease cancellation.
18. Binding Effect This Lease and all agreements herein
contained shall bind the parties hereto and their , successors and
assigns.
LESSOR:
ATTEST: CARINTHIA, INC.
A,
B
Vice President
ATTEST:
LESSEE:
COTEAUX, LTD.
By: 919eljRx
reside
i'l
- tile
PUBLIC NOTICE
RE: Charlemagne Restaurant - Expansion of a Conditional Use
NOTICE IS HEREBY GIVEN that a public hearing will be held before the
Aspen Planning and Zoning Commission on Tuesday, June 8, 1982 at a meeting to
begin at 5:00 P.M. in the City Council Chambers, City Hall, 130 S. Galena, Aspen,
to consider a request for an Expansion of a Conditional Use submitted by
Howard Gunther and Ronnie Morrison for the Charlemagne Restaurant (formerly
known as the Floradora, located at 400 W. Main, Aspen. The proposed expansion
is for an.outdoor courtyard in the front of the restaurant. For further
information, contact the Planning Office, 130 S. Galena, Aspen, 925 -2020,
ext. 223.
s/ Olof Hedstrom
Chairman, Aspen Planning and Zoning
Commission
Published in the Aspen Times on June 3, 1982
City of Aspen Account
I hereby
correct copy
Expansion of
and addressed
CERTIFICATE OF MAILING
certify that on this twenty- sixth day of
of the Notice of Public Hearing regarding
a Conditional Use was deposited into the U
to the following:
See list attached.
May, 1982, a true and
Charlemagne Restaurant -
.S. mails, postage prepaid,
Charlem,�ne Restaurant - Expansion of a _.,nditional Use
L'lk. 37
,ohn Strandberg
410 W. 49th. Terrace
Kansas City, Mo. �.
641-Y?
E ate;
James H. Glanville
Suite 316
Cne GrPenway Plaza. Drive East
Houston, Texas
77046
Blk. 4
J Prina Stanley
333 W. Wain
Aspen, Co.
81612
St" hem Wishart.
P.C. /ox ?304
AsPn Co.
0 161?
J Mrs. Alma Beck
✓ Jare Click
430 West Main St.
35 Lower Woodhridze
Rd.
Aspen, Co.
^;rowmass gill.
Co.
P1612
11 1615
�Wm. L. Comocwich
- 1,ourtain States Comm.
P.O. Box 11117
P.C. Box H
Aspen, Co.
Aspen, Co.
81612
81612
JBarbara Truan
333 W. ,'lain
blk. 38
Aspen, Co.
81612
?nary Perkins
435 West Yain St.
Grape Carriage
Aspen, Co.
C. Frondal
81612
T? ox 11.50
Crested RuttP,
Co.
J Hans Cantrup
0 1 ?P4
P.C. Pox 39R
Aspen, Co.
1161?
Prown
Renee Farcus
?30 Sunker Hill
Re'.
432 W Hopkins
Houston, ''ex.
Aspen, Co.
770 94
8,1612
Saul - Rrandman
9051 Pria.r CrPSt Dane
Beverly Hills, Calif.
90210
Scott Ccm. Prep. Trust
Pox 4257
Aspen, Co.
81612
rlk. 44
Steve Schneider
Lox PP7R
Aspen, Co.
81612
Copper Horse Ass.
V l3ox 494
Aspen, Co.
'31612
JZste.tn of svea F
3 ?0 W. Pain
Aspen, Co.
8161?
7 -lisha.
+n,.l r'i'1d,�
Blk. 44
Leroy Fink
Gorman, James & Beverly
PCAG Road
Edwardville, Illinois
ASPEN *PITKIN
ENVIRONMENTAL HEALTH DEPARTMENT
MEMORANDUM
TO: Colette Penne, Planning Office
PIT'KIN CO
FROM: Thomas S. Dunlop, Director
Environmental Health Department
DATE: May 27, 1982
RE: Charlemagne Restaurant - Expansion of a Conditional Use
---------------------------------------------------------------
This office would recommend approval of this application. No
adverse impacts are anticipated.
TSD /co
130 South Galena Street Aspen, Colorado 81611 303/925 -2020
MEMORANDUM
TO: Paul Taddune, City Attorney
Fire Marshal /Building Department
Tom Dunlop, Environmental Health
FROM: Colette Penne, Planning Office
RE: Charlemagne Restaurant - Expansion of a Conditional Use
DATE: May 26, 1982
Attached is an Expansion of a Conditional Use application submitted by Howard
Gunther and Ronnie Morrison requesting approval to build an outside courtyard
in the friont of the existing restaurant (previously known as the Floradora).
This item will be on the City P & Z agenda for June 8, 1982. Please review
and forward comments to me by Tuesday, June 2.
Thank you.
MEMORANDUM
TO: City Attorney
City Engineer
Environmental Health, Tom Dunlop
PLANNER: Colette Penne
RE: Charlemagne Expansion of Conditional Use
DATE: May 17, 1983
Attached is a letter of application to expand the Charlemagne
Restaurant, which is an approved conditional use. The proposal
would expand the existing restaurant by approximately 637 square
feet of space.
Please review the application and return your comments as expedi-
tiously as possible as we have scheduled this item for the June 7
Aspen P &Z meeting - no later than May 26.
Thank you.
PUBLIC NOTICE
1
RE: Charlemagne Restaurant Expansion of Conditional Use
NOTICE IS HEREBY GIVEN that a public hearing will be
held before the Aspen Planning and Zoning Commission on Tuesday,
June 7, 1983 at a meeting to begin at 5:00 p.m. in the City Council
Chambers of City Hall, 130 S. Galena Street, Aspen to consider
approval of an expansion of the Charlemagne Restaurant, an approved
conditional use, located at the Floradora Building, 400 West Main,
Aspen. The expansion would include approximately 637 square feet
of space located on the 2nd floor of the Floradora Building. For
further information, contact the Planning Office, 130 S. Galena Street,
Aspen, 925 -2020, ext. 223.
s /Perry Harvey, Chairman _
Aspen Planning & Zoning Coiunission
Published in the Aspen Times on May 19, 1983.
City of Aspen account.
CERTIFICATE OF MAILING
I hereby certify that on 19 a true and
correct - copy of the Notice of Publi Hearing regarding
:�. �0-r ._ _.L 1. • ... _ _ .'._ n i �A....�rf�.�..� l ,/J /nn
was deposited into the United States mails, postage prepaid, and addressed
to the following: s p
gt-- azad- Le�C.�-
John Strandberg
2510 Grand Avenue
Apartment 2403
Kansas City, MO 64108
James H. Glanville
Suite 316
One Greenway Plaza Drive East
Houston, Texas 77046
Mrs. Alma Beck
430 West Main St.
Aspen, Colorado 81611
Wm. L. Comcowich
Box 1187
Aspen, Colorado 81612
Mary Perkins
435 West Main Street
Aspen, Colorado 81611
Hans Cantrup
Box 388
Aspen, Colorado 81612
Renee Marcus
432 W. Hopkins
Aspen, Colorado 81611
Saul Brandman
9051 Briar Crest Lane
Beverly Hills, California 90210
Scott Com. Prep. Trust
Box 4257
Aspen, Colorado 81612
Prina Stanley
333 W. Main
Aspen, Colorado 81611
Barbara Jean Robinson
333 W. Main #1B
Aspen, Colorado 81611
Jane Click
35 Lower Woodbridge Road
Snowmass Village, Colorado 81615
Mountain States Communication
Box E
Aspen, Colorado 81612
Barbara Truan
333 W. Main
Aspen, Colorado 81611
Grape Carriage
Box 4474
Aspen, Colorado 81612
Ted V. Brown
230 Bunker Hill Road
Houston, Texas 77024
Steve Schneider
Box 8878
Aspen, Colorado 81612
Copper
Box 49
Aspen,
Estate
315 W.
Aspen,
Horse Association
48
Colorado 81612
of Svea F. Elisha
Main
Colorado 81611
Ruth Whyte
Box 202
Aspen, Colorado 81612
J. Sterling Baxter
Box C
Aspen, Colorado 81612
Recreation Broadcasting of Aspen
40o W. Main
Aspen, Colorado 81611
PUBLIC NOTICE
RE: Charlemagne Restaurant Expansion of Conditional Use
NOTICE IS HEREBY GIVEN that a public hearing will be
held before the Aspen Planning and Zoning Commission on Tuesday,
June 7, 1983 at a meeting to begin at 5:00 p.m. in the City Council
Chambers of City Hall, 130 S. Galena Street, Aspen to consider
approval of an expansion of the Charlemagne Restaurant, an approved
conditional use, located at the Floradora Building, 400 West Main,
Aspen. The expansion would include approximately 637 square feet
of space located on the 2nd floor of the Floradora Building. For
further information, contact the Planning office, 130 S. Galena Street,
Aspen, 925 -2020, ext. 223.
s /Pe rry Harvey, Chairman
Aspen Planning & Zoning Commission
Published in the Aspen Times on May 19, 1983.
City of Aspen account.
If
MEMORANDUM
TO: Aspen Planning and Zoning Commission
FROM: Colette Penne, Planning Office
RE: Charlemagne Restaurant - Expansion of Conditional Use
DATE: June 7, 1983
Location: Floradora Building, 400 West Main Street.
Zoning: 0 - Office.
Applicant's
Request: Expansion of the existing approved conditional use
to include an additional 637 square feet of space.
Referral
Comments: The City Attorney commented that Ordinance 17
(Series of 1983) has amended Section 24 -3.3 of the
Municipal Code so that only "substantial" expansions
need to obtain P &Z approval, and if the Planning
Director determines that the expansion is substantial,
it should be reviewed in accordance with the criteria
of Section 24 -3.3.
The Environmental Health Department cited no anti-
cipated adverse impacts and the remodeled area shall
comply with the Colorado Food Service Rules and
Regulations through the review of the Department.
The Engineering Department has no engineering or
utility problems other than a concern about the
parking situation on area residents.
Planning Office
Review: Charlemagne Restaurant has operated in the Floradora
Building since the summer of 1982. Previous restaurant
operations in the same location have included
L'Armagnac and the Floradora. A conditional use
expansion was granted last summer for outdoor restau-
rant operations in a front yard patio.
The operator of the restaurant now wishes to expand
the facility to include 637 square feet of space
located on the second floor. The new space will be
used for bar, lounge and waiting areas, and a 100
square foot area will serve as the business office
for the restaurant. The existing bar, lounge and
waiting areas on the first floor will be converted
into an additional dining area of three tables which
will seat approximately 12 people. The present
waiting area accommodates 22 people and the area
proposed on the second floor will accommodate 26
people. The criteria set out in Ordinance 17 for
determination of a "substantial" expansion preclude
this request from being one that can be approved by
the Planning Director. Since there is an addition
of square footage to the use and additional people
can be accommodated, this request does require P &Z
approvals.
Three underground parking spaces are presently
allotted to Charlemagne's use and one additional
space will be gained with the new rental space.
These spaces are used by the manager and employees.
Customers traditionally use Main Street and the
arterial streets in the neighborhood. The applicant
submits that no parking problem has previously been
experienced, and anticipates that this expansion can
be adequately handled by the street parking areas
Memo: Charlemagne Restaurant
Page Two
June 7, 1983
available in the neighborhood. The Planning Office
would tend to agree with these statements, recognizing
that if this is not the case, the public hearing for
this review will bring out any information to the
contrary. With KSPN's offices to the east, an office
builidng, one residence and the Mesa Store to the
west, and the Swiss Chalets across Main Street, the
necessity to park in purely residential areas of the
West End is unusual. Most of the parking demand can
be met by the adjacent areas.
The O - Office zone requires that the use be in a
historic structure (this is a "Notable" structure in
Aspen's inventory), no more than two conditional
uses may be in each structure (in this case they are
Charlemagne and KSPN), and off - street parking is to
be provided with alley access if along Main Street.
There is some parking provided in this case which
meets the criteria, as outlined earlier in the memo.
Planning Office
Recommendation:
The Planning Office recom
approval and the grant of
conditional use permit to
occupy 637 square feet of
of the Floradora Building
restaurant space.
nends conditional use
an expansion of the existing
allow Charlemagne to
space on the second floor
in addition to the existing
AMENDMENT TO LEASE
THIS AMENDMENT TO LEASE AGREEMENT made and entered into
this day of May, 1983, by and between CARINTHIA, INC.,
a Colorado corporation (hereinafter referred to as "Lessor ")
and COTEAUX, LTD., a Colorado corporation (hereinafter referred
to as "Lessee ").
WHEREAS, Lessor has leased certain restaurant space in
the Floradora Building located on Lots P, Q, R, and S, Block
37, Aspen, Colorado, to the Lessee, which Lease is dated May
24, 1982; and
WHEREAS, Lessee desires to lease additional space known
as Offices Nos. 8, 9 and 10, containing approximately 636.7
square feet for restaurant purposes; and
WHEREAS, the Lessor and Lessee mutually desire to amend
said Lease by adding the aforementioned space upon the terms
and conditions hereinafter set forth.
W I T N E S S E T H
1. Lease Property In consideration of Lessee's payment
of rent and in keeping the covenants and agreements required
of it under this Amendment and the Lease dated May 24, 1982,
Lessor hereby leases to Lessee that certain office space, Nos.
8, 9 and 10, located in the second floor of the Floradora
Building on Lots P, Q, R and S, Block 37, Aspen, Colorado, con-
taining approximately 636.7 square feet, together with one
underground parking space.
2. Term of Lease and Possession The initial term of
this Lease shall be for a period beginning on May 1, 1983 and
terminating on May 31, 1992.
3. R ental . Upon execution of this Amendment to the Lease
dated May 24, 1982, Lessee agrees to pay a minimunf rental of
Nine Hundred Forty -Seven and no /100 Dollars ($947.00) per month
in advance for the first month of the Lease term. For the re-
mainder of the initial and any extended lease term, the monthly
rental rate minimum shall be the base monthly rent of Nine
Hundred Forty -Seven and no /100 Dollars ($947.00) plus the an-
nual cost of living increase as set out and provided in the
Lease dated May 24, 1982 between the parties hereto. It is
understood and agreed that the first cost of living increase
shall apply from June 1, 1983 and every year thereafter.
In addition, the Lessee shall pay to the Lessor a
security deposit of Seven Hundred Forty -Two and 06/100 Dollars
($742.06) upon execution of this Lease.
4. Lessee shall not use the existing second floor entrance
door except for an emergency exit.
5. Lessee shall not cause nor allow its guests and invitees
to create any noise or disturbance to Lessor's other tenants,
and shall provide suitable insulation and soundproofing to pro-
tect Lessor's other tenants from any noise disturbance created
by Lessee's operation.
6. All other terms and conditions of the base Lease dated
May 24, 1982, shall be applicable and in full force and effect
and shall pertain to the additional space herein leased.
7. This Amendment and all agreements herein contained shall
bind the parties hereto, their successors and assigns.
LESSOR:
CARINTHIA, INC.
By
Vice President
LESSEE:
COTEAUX, LTD.
By
President
-2-
AMENDMENT TO LEASE
THIS AMENDMENT TO LEASE AGREEMENT made and entered into
this day of May, 1983, by and between CARINTHIA, INC.,
a Colorado corporation (hereinafter referred to as "Lessor ")
and COTEAUX, LTD., a Colorado corporation (hereinafter referred
to as "Lessee ").
WHEREAS, Lessor has leased certain restaurant space in
the Floradora Building located on Lots P, Q, R, and S, Block
37, Aspen, Colorado, to the Lessee, which Lease is dated May
24, 1982; and
WHEREAS, Lessee desires to lease additional space known
as Offices Nos. 8, 9 and 10, containing approximately 636.7
square feet for restaurant purposes; and
WHEREAS, the Lessor and Lessee mutually desire to amend
said Lease by adding the aforementioned space upon the terms
and conditions hereinafter set forth.
W I T N E S S E T H
1. Lease Property In consideration of Lessee's payment
of rent and in keeping the covenants and agreements required
of it under this Amendment and the Lease dated May 24, 1982,
Lessor hereby leases to Lessee that certain office space, Nos.
8, 9 and 10, located in the second floor of the Floradora
Building on Lots P, Q, R and S, Block 37, Aspen, Colorado, con-
taining approximately 636.7 square feet, together with one
underground parking space.
2. Term of Lease and Possession The initial term of
this Lease shall be for a period beginning on May 1, 1983 and
terminating on May 31, 1992.
3. Rental Upon execution of this Amendment to the Lease
dated May 24, 1982, Lessee agrees to pay a minimunl'rental of
Nine Hundred Forty -Seven and no /100 Dollars ($947.00) per month
in advance for the first month of the Lease term. For the re-
mainder of the initial and any extended lease term, the monthly
� � r
rental rate minimum shall be the base monthly rent of Nine
Hundred Forty -Seven and no /100 Dollars ($947.00) plus the an-
nual cost of living increase as set out and provided in the
Lease dated May 24, 1982 between the parties hereto. It is
understood and agreed that the first cost of living increase
shall apply from June 1, 1983 and every year thereafter.
In addition, the Lessee shall pay to the Lessor a
security deposit of Seven Hundred Forty -Two and 06/100 Dollars
($742.06) upon execution of this Lease.
4. Lessee shall not use the existing second floor entrance
door except for an emergency exit.
5. Lessee shall not cause nor allow its guests and invitees
to create any noise or disturbance to Lessor's other tenants,
and shall provide suitable insulation and soundproofing to pro-
tect Lessor's other tenants from any noise disturbance created
by Lessee's operation.
6. All other terms and conditions of the base Lease dated
May 24, 1982, shall be applicable and in full force and effect
and shall pertain to the additional space herein leased.
7. This Amendment and all agreements herein contained shall
bind the parties hereto, their successors and assigns.
LESSOR:
CARINTHIA, INC.
By
Vice President
LESSEE:
COTEAUX, LTD.
By
President
-2-
APPLICATION FOR EXPANSION
OF
CONDITIONAL USE
This application is submitted by Coteaux, Ltd., a Colorado
corporation (hereinafter called "Applicant ") for permission to
expand a conditional use located at the Floradora Building,
400 West Main Street, Aspen, Colorado.
Applicant is the owner of the Charlemagne Restaurant at the
foregoing address. The Restaurant presently includes
approximately 3,648 square feet (inside measurements) together
with an exterior patio area for the operation of a gourmet
restaurant. In 1982 the Applicant received permission for
expansion of the Restaurant, as a conditional use, into the patio
area for outdoor restaurant operations. Despite a history of
previously unsuccessful operators at the same restaurant
facility, the Applicant took over the restaurant operation in the
summer of 1982 and has turned the business facility into a
successful operation which is an asset to the entire community.
As a result of the successful operation of the Restaurant,
Applicant now wishes to expand the facility to include
approximately 637 square feet of space located on the second
floor of the Floradora Building. The purpose of the expansion is
to convert the existing bar, lounge and waiting areas located on
the first floor into additional dining area. The new space on
the second floor will be converted into bar, lounge and waiting
areas, together with a business office for the Restaurant.
The present bar, lounge and waiting areas located on the
first floor accommodate a total of 22 people as follows:
A) Full service bar which seats 6 people.
B) Lounge area which seats 8 people.
C) Waiting area which seats 8 people.
It is intended that the present bar, lounge and waiting
areas will be converted into an additional dining area for
restaurant customers and will seat approximately 12 people at
3 tables.
An existing staircase connects the Restaurant entrance to
the expansion area on the second floor. Customers of the
Restaurant will arrive and proceed by use of that staircase to
the second floor which will constitute the new bar, lounge and
waiting areas. It is intended that the second floor area will be
remodeled to accommodate a total of 27 people as follows:
A) Full service bar which seats 8 people.
B) Combined lounge and waiting area which seats 18 people.
C) Business office for the Restaurant which includes
approximately 100 square feet and constitutes the manager's
office for occupancy by one person.
Pursuant to the present lease of the first floor space, the
Applicant is entitled to the use of three underground parking
spaces located in the basement area of the Floradora Building.
An amendment to the lease will be executed to include the second
floor expansion space described above. Such amendment also
allows the Applicant to obtain one additional underground parking
space which increases the total parking available to the
Applicant to four spaces in the basement area of the building.
Such spaces are used by the manager and employees of the
Restaurant. The customers of the Restaurant traditionally used
Main Street and the arterial streets in the neighborhood for
parking. Due to the fact that there are very few businesses or
offices in the immediate neighborhood, there has been no parking
problem previously experienced. It is not anticipated that the
proposed minor expansion of the Restaurant will cause any new
parking problem to develop based upon the adequate street parking
areas available in the neighborhood of the Restaurant.
Approval of the proposed expansion of the conditional use
for the foregoing purposes is hereby requested. If any questions
arise or if additional information is needed in connection with
this application, please feel free to telephone the undersigned
as the attorney for the Applicant.
Dated: May 16, 1983.
COTEAUX, LTD.
H. \�iyYCns
-in -Fact
-2-
ASPEN *PITKIN
ENVIRONMENTAL HEALTH DEPARTMENT
MEMORANDUM
TO: Colette Penne, Planning Office
FROM: Thomas S. Dunlop, Director 7
Environmental Health Department
DATE: May 17, 1983
RE: Charlemagne Restaurant Expansion of Conditional Use
------------------------------------ --------------- ---- - - - - --
The above - mentioned application has been reviewed for the
following concerns:
1. Noise Abatement
No adverse impacts are anticipated from approval of
this application. That is, provided there is no amplified
music generated from the establishment. If dancing is
permitted and either mechanical or live musicis supplied for
customers there may in fact be negative neighborhood impacts
realized. Should this be the case steps shall be taken by
the applicant to comply with the City of Aspen Noise Abatement
Ordinance 2 Series of 1981.
2. Water Supply
Service of this project by the City of Aspen municipal
water system is in conformance with policies of this office.
3. Sewage Disposal
Service of this project by the Aspen Metro Sanitation District
service lines is in conformance with policies of this office.
4. Site Drainage
No adverse impacts are anticipated from approval of this
project.
5. Air Pollution
Wood burning Devices - There will be no increase in the numbers
of wood burning devices. The existing lounge fireplace will not
be altered nor moved.
Restaurant Grills - A char broiler is being used in this
restaurant. However, no high fat content meat products are prepared
using the char broiler.
130 South Galena Street Aspen, Colorado 81811 303/925 -2020
Page Two
May 17, 1983
Charlemagne Restaurant Expansion of Conditional Use
Therefore, no adverse air pollution impacts are anticipated from
this application.
In conclusion, this submittal shall
Food Service Rules and Regulations
pertain to this remodel.
comply with the Colorado
and other local codes as they
TSD /co
4
Q V Wu.(4
TO: Colette Penne, Planning Office
FROM: Jay Hammond, City Engineering -k
DATE: May 26, 1983
RE: Charlemagne Expansion of Conditional Use
------------------------------------------------- - - - - --
Having reviewed the above application, and made a site
inspection, the City Engineering Department has the
following comment:
The only issue of concern to this office is that of
provision of parking. It would seem that a net increase
of 17 customers will result in a need for further parking
in the neighborhood. Use of the adjacent streets for
restaurant parking does create impacts on area residents
in the form of late evening noise and activity.
Otherwise this expansion would not appear to raise any
major engineering or utility problems.
JH /co
C
MEMORANDUM
DATE: May 23, 1983
TO: Colette Penne �
FROM: Paul Taddune p r
PEN
eet
611
RE: Charlemagne Expansion of Conditional Use
Ordinance No. 17 (Series of 1983) has amended Section
24 -3.3 of the Municipal Code so as to require that any
"substantial" expansions need obtain P &Z approval, and
must be submitted to the Planning Director for a "deter-
mination of substantiality ". Should the proposed expan-
sion be deemed to be substantial, the application should
be reviewed in accordance with the procedures of Section
24 -3.3.
PJT /mc
MEMORANDUM
TO: / City Attorney
City Engineer
Environmental Health, Tom Dunlop
PLANNER: Colette Penne
RE: Charlemagne Expansion of Conditional Use
DATE: May 17, 1983
Attached is a letter of application to expand the Charlemagne
Restaurant, which is an approved conditional use. The proposal
would expand the existing restaurant by approximately 637 square
feet of space.
Please review the application and return your comments as expedi-
tiously as possible _4s-we - -have scheduled this item for the June 7
Aspen P &2 meeting -(no later than May 26.
Thank you.
FieG +,cut�'�
L 7 1
1
F - - VA e
1 ._ enz >
7 3�- , O
FieG +,cut�'�
APPLICATION FOR EXPANSION
OF
CONDITIONAL USE
This application is submitted by Coteaux, Ltd., a Colorado
corporation (hereinafter called "Applicant ") for permission to
expand a conditional use located at the Floradora Building,
400 West Main Street, Aspen, Colorado.
Applicant is the owner of the Charlemagne Restaurant at the
foregoing address. The Restaurant presently includes
approximately 3,648 square feet (inside measurements) together
with an exterior patio area for the operation of a gourmet
restaurant. In 1982 the Applicant received permission for
expansion of the Restaurant, as a conditional use, into the patio
area for outdoor restaurant operations. Despite a history of
previously unsuccessful operators at the same restaurant
facility, the Applicant took over the restaurant operation in the
summer of 1982 and has turned the business facility into a
successful operation which is an asset to the entire community.
As a result of the successful operation of the Restaurant,
Applicant now wishes to expand the facility to include
approximately 637 square.feet of space located on the second
floor of the Floradora Building. The purpose of the expansion is
to convert the existing bar, lounge and waiting areas located on
the first floor into additional dining area. The new space on
the second floor will be converted into bar, lounge and waiting
areas, together with a business office for the Restaurant.
The present bar, lounge and waiting areas located on the
first floor accommodate a total of 22 people as follows:
A) Full service bar which seats 6 people.
B)
Lounge
area which
seats 8
people.
C)
Waiting
area which
seats
8 people.
It is intended that the present bar, lounge and waiting
areas will be converted into an additional dining area for
restaurant customers and will seat approximately 12 people at
3 tables.
An existing staircase connects the Restaurant entrance to
the expansion area on the second floor. Customers of the
Restaurant will arrive and proceed by use of that staircase to
the second floor which will constitute the new bar, lounge and
waiting areas. It is intended that the second floor area will be
remodeled to accommodate a total of 27 people as follows:
A) Full service bar which seats 8 people.
B) Combined lounge and waiting area which seats 18 people.
C) Business office for the Restaurant which includes
approximately 100 square feet and constitutes the manager's
office for occupancy by one person.
Pursuant to the present lease of the first floor space, the
Applicant is entitled to the use of three underground parking
spaces located in the basement area of the Floradora Building.
An amendment to the lease will be executed to include the second
floor expansion space described above. Such amendment also
allows the Applicant to obtain one additional underground parking
space which increases the total parking available to the
Applicant to four spaces in the basement area of the building.
Such spaces are used by the manager and employees of the
Restaurant. The customers of the Restaurant traditionally used
Main Street and the arterial streets in the neighborhood for
parking. Due to the fact that there are very few businesses or
offices in the immediate neighborhood, there has been no parking
problem previously experienced. It is not anticipated that the
proposed minor expansion of the Restaurant will cause any new
parking problem to develop based upon the adequate street parking
areas available in the neighborhood of the Restaurant.
Approval of the proposed expansion of the conditional use
for the foregoing purposes is hereby requested. If any questions
arise or if additional information is needed in connection with
this application, please feel free to telephone the undersigned
as the attorney for the Applicant.
Dated: May 16, 1983.
COTEAUX, LTD. /
WE
WA
6acns
-Fact
-2-
PUBLIC NOTICE
RE: Charlemagne Restaurant Expansion of Conditional Use
NOTICE IS HEREBY GIVEN that a public hearing will be
held before the Aspen Planning and Zoning Commission on Tuesday,
June 7, 1983 at a meeting to begin at 5:00 p.m. in the City Council
Chambers of City Hall, 130 S. Galena Street, Aspen to consider
approval of an expansion of the Charlemagne Restaurant, an approve&
conditional use, located at the Floradora Building, 400 West Main,
Aspen. The expansion would include approximately 637 square feet
of space located on the 2nd floor of the Floradora Building. For
further information, contact the Planning Office, 130 S. Galena Street,
Aspen, 925 -2020, ext. 223.
s /Perry Harvey Chairman
Aspen Planning & Zoning Commission
Published in the Aspen Times on May 19, 1983.
City of Aspen account.
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