HomeMy WebLinkAboutcoa.en.Melville Mountain Chalet.1976 To: Mayor and Council
Through: Hal Schilling, City Manager
From: Elyse Elliott, Engineering Department C E E
Subject: Mountain Chalet Encroachment
Summary: This department recommends that Council reject approval
for an encroachment license for the Mountain Chalet.
Background: The Mountain Chalet seeks an encroachment license to
build a two -level subgrade structure under Mill Street that will
contain a parking garage and a health facility. It will extend
36.9 feet from the east property line to the centerline of Mill
Street, then 35.0 feet along the centerline, for a total of 1,293
square feet of encroachment area. Please refer to the shaded
area of the attached site plan.
The subgrade structure will also extend to under the centerline
of Dean Street which has been vacated and therefore no encroachment
license is needed. Both Mill and Dean Streets curb, gutter, and
sidewalk will be put back at the applicant's expense.
The subgrade structure will contain a health facility, fifteen
parking spaces, laundry room, conference room, and storage area.
According to the architect's plans, which are attached, the
portion of this under the Mill Street encroachment will contain a
laundry and storage area on the garden level and three of the
fifteen parking spaces on the lower level.
Phase I of the Aspen Mountain Lodge (now underway) will place a
three -story deep, subgrade structure including two levels of
parking and one level of conference, along the entire Dean Street
centerline. The Mountain Chalet proposes to build their subgrade
structure simultaneously. This benefits both parties from a
construction standpoint. The two subgrade structures will be
connected by an overhead door that will add an additional point
of access and egress.
This application was review by the appropriate City departments
and has met with their approval in addressing these issues:
- This addition will not affect their FAR.
- Two utilities, water and sewer, will be relocated by the
applicant to the centerline of Mill Street.
- The applicant has agreed to install an exhaust system and a
floor drain with a grease trap.
- The applicant will comply with environmental standards for the
excavation of possible mine tailings.
Discussion: This department normally takes the position to
reject encroachments onto the public right -of -way for new constr-
uction. However, in objectively reviewing this application, one
must consider these pros and cons:
Pro - This will add three parking spaces and will also add
another point of access /egress from the Aspen Mountain Lodge.
Con - The vacation of Dean Street has already given the Mountain
Chalet over 3700 square feet per floor of subgrade area. The
additional 1,224 square feet per floor of the Mill Street encroa-
chment will be used for storage, laundry, and three parking
spaces which this department feels does not adequately compensate
the public for this encroachment. An approval for a subgrade
encroachment would open the doors for other lodges or residenses
to apply for similar licenses.
Recommendation: It is recommended that Council reject approval
for an encroachment license for this proposed subgrade structure.
Proposed Motion: I move to reject approval of the subgrade
structure proposed by the Mountain Chalet.
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, recorded 3:22 PM September 1976 Reception No.
186771 Julie Bane Recorder
BOOK 316 PAGE 256
CERTIFICATE
The undersigned, City Clerk of the City of Aspen,
Colorado, does hereby certify that the attached is a true
and accurate copy of an agreement between the City of Aspen
and Ralph and Marian H. Melville granting a revocable license
to encroach upon public right -of -way, which license was
granted for the benefit of improvements located on Lots E,
F, G, H, and I of Block 84, City and Townsite of Aspen,
Colorado. /�
Dated: 62c< c_--y / 9-7- 6
■ Kathryn n�i 3 1
K athry Rauter
City Clerk
i
i • BOOK 316 PAGE 2
CITY '�, ; SPEN
,� .'-.
130 so . street
aspen, 81611
• October 15, 1975
Mr. Ralph Melville
P. 0. Sox 1206
Aspen, Colorado 81611
Re: Encroachment Request
Retaining Wall
Dear Mr. Melville:
This letter and the acceptance of its terms by
you, is a prerequisite for reliance on the City Council
action taken yesterday, October 14, 1975, granting the
requested license to encroach on the City right -a€ -way.
It is understood that the provisions hereof shall apply to
all those encroachments shown on that property and improve-
ment survey of Lots E, F, G, H and I, Block 84, City and
Townsite of Aspen, prepared by Survey Engineers, Incorporated,
and dated June 5, 1975, which said document is incorporated
by this reference.
The conditions for this grant of license to en-
croach are as follows:
1. That you agree that this license is given
solely at the discretion of the City Council, and
permission to encroach may be withdrawn for any
reason at any time. You further agree that you
will, on receiving such request, remove the
structure from any City right -of -way, and all
costs of removal and /or demolition shall be
assumed by you.
2. You agree that you will be responsible
for any maintenance and repairs of the right -of-
way encroachments necessary to keep the same, and
the right -of -way, in a safe and clean condition, as
determined by the City of Aspen.
3. You agree to indemnify and hold the City
BOOK 316 PAGL
Mr. Ralph Melville
October 15, 1976
Page 2
harmless from any and all claims or liability by
reason of death, injury or property damage suffer-
ed by any person as a result of the retention of
the improvements in our right -of -way. In addition,
if the City Council, City Attorney, or City Manager
shall ever so require, you agree to obtain compre-
hensive public liability insurance covering pro-
perty loss, bodily injury or death, in the amount
at least equal to the comprehensive liability
insurance maintained by the City at that time.
It is understood that the above shall constitute
covenants running with the land, binding on you, your heirs,
successors and assigns, and that nothing herein shall be con-
strued to exonerate you from full compliance with all other
applicable local, state and federal laws.
Please indicate your acceptance of these conditions by
your signature below and return this original to us. If your
wife or another person has an interest in the property, she or
he should also sign. The copy is for your files.
Very trul
kid
Sandra M. Stuller
City Attorney
SS /pk
The undersigned owner(s) of Lots E, F, G, ii and I,
Block 84, City and Townsite of Aspen, accept the above con-
ditions for the grant of permission to encroach and assume
the responsibilities enumerated.
Date: A �il�j / % e� e
fRa Melv_11 ^
Date: - /1 Z, /1°177s i L(A tkan,,)� „4 t Ln i XLT ,
CITY e'1, - ` . SPEN
,
130 so k
street
aspen, ' 81611
MEMORANDUM
DATE: September 23, 1975
TO: � of City Council
FRO Sandra M. Stuller
RE: Request for Encroachment
Ralph Melville is attempting to refinance the
Mountain Chalet but the retaining wall, which encroaches slightly
in two places (see attached improvement survey), presents the
usual difficulties. Ralph would like permission to encroach
and has agreed to the conditions itemized in the attached letter.
SS /pk
Attachment
. i
CITY , , \ . SPEN •
130 so ... ; street
aspen, -- ' • 81611
t
October 15, 1975
Mr. Ralph Melville
P. O. Box 1206
Aspen, Colorado 81611
Re: Encroachment Request
Retaining Wall
Dear Mr. Melville:
This letter and the acceptance of its terms by
you, is a prerequisite for reliance on the City Council
action taken yesterday, October 14, 1975, granting the re-
quested license to encroach on the City rights -of -way. It
is understood that the provisions hereof shall apply to two
(2) retaining wall encroachments onto Dean Avenue shown on
that property and improvement survey of Lots E, F, G, Ii and
I, Block 84, City and Townsite of Aspen, prepared by Survey
Engineers, Incorporated, and dated June 5, 1975.
The conditions for this grant of license to en-
croach are as follows:
1. That you agree that this license is given
solely at the discretion of the City Council, and
permission to encroach may be withdrawn for any
reason at any time. You further agree that you
will, on receiving such request, remove the
structure from any City right -of -way, and all
costs of removal and /or demolition, shall be
assumed by you.
2. You agree that you will be responsible
for any maintenance and repairs of the right -of-
way encroachments necessary to keep the same,
and the right -of -way, in a safe and clean condition,
as determined by the City of Aspen.
Mr. Ralph Melville
October 15, 1975
-Page 2-
3. You agree to indemnify and hold the City
harmless from any and all claims or liability by reason
of death, injury or property damage suffered by any
person as a result of the retention of the improve-
ments in our right -of -way. In addition, if the City
Council, City Attorney, or City Manager shall ever
so require, you agree to obtain comprehensive public
liability insurance covering property loss, bodily
injury or death, in the amount at least equal to
the comprehensive liability insurance maintained
by the City at that time.
It is understood that the above shall constitute
covenants running with the land, binding on you, your heirs,
successors and assigns, and that nothing herein shall be con-
strued to exonerate you from full compliance with all other
applicable local, state and federal laws.
Please indicate your acceptance of these conditions by
your signature below and return this original to us. If your
wife or another person has an interest in the property, she or he
should also sign. The copy is for your files.
Very truly yours,
Sandra M. Stuller
City Attorney
SS /pk
The undersigned owner(s) of Lots E, F, G, H and I,
Block 84, City and Townsite of Aspen, accept the above conditions
for the grant of permission to encroach and assume the responsibil-
ities enumerated.
Date:
Ralph Melville
Date:
_ _
i r
I
cil
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