HomeMy WebLinkAboutcoa.lu.co.435 W Main St.A073-99
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CASE NUMBER
PARCEL ID #
CASE NAME
PROJECT ADDRESS
PLANNER
CASE TYPE
OWNER/APPLICANT
REPRESENTATIVE
DATE OF FINAL ACTION
CITY COUNCIL ACTION
PZ ACTION
ADMIN ACTION
BOA ACTION
DATE CLOSED
BY
-.,
A073-99
2735-124-50053&2735-124-500054
L' Auberge D'Aspen
435 W. Main St. Lots 1 &2 Perkins Subdivision
Chris Sendon
Subdivision Exemption for Condominiumizatio
L'Auberge C/O Tracy Haisfield
Kaufman & Peterson
Approved
12/19/00
J. Lindt
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MEMORANDUM
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To: Chris Bendoll, Planner
From: Chuck Roth, Project Engineer c.. '12--
Date: September 30,1999
Re: L' Auberge d' Aspen Lodge Condominium Plat
General- (1) These comments are based on the fact that we believe that the submitted site plan is
accurate, that it shows all site features, and that it is feasible. The wordirtg must be carried forward
exactly as written unless prior consent is received from the Engineering Department. This is to halt
complaints related to approvals tied to "issuance of buildirtg permit." (2) If there are any
encroachments into the public right-of-way, the encroachment must either be removed or be subject
to current encroachment license requirements.
1. Draft Plat Comments
/' a. Label driveways.
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V' b. Delineate parking spaces in accordance with approved GMQS plan.
/" c, Provide a note beneath the title that the plat amends the Perkins Subdivision Plat at Book
_,Page_.
.- d. Indicate zone district. V\llr ~~ ~
_ e. U_1heU1lo_"AC~Imore.Comnnmi1y/ ~ ~,
'fjA f. Show trees that are subject to City tree removal permit reqUIrements.
./ g. Add statement by surveyor that survey closes within 1:10,000
h. Label area to nearest 0.001 acre.
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2. City Water Department - The plat cannot be approved by the City until separate water
services and meters are installed for each unit or until an agreement for common water services, as
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regards billing and shut-offs, etc., has been approved a1ld signed by the Water Department and the
owner.
3. Aspen Consolidated Sanitation District - Two District manholes were paved over and need to
be cleaned. One is in the alley; the other is on the property.
The applicant needs to convey ownership information to the District and to meet with the
District representative to detennine if agreements similar to the Water Department's are necessary.
DRC Attendees
Staff: Karma Borgquist, Tom Bracewell, Ed Van Walraven, Chuck Roth
99M145
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BROOKE A. PETERSON
GIDEON I. KAUFMAN*
HAL S. DISHLER**
f-;D.J5 3 .A 4 3-q '1 ~
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~ _ LAW OFF1GES OF
KAUFMAN & PETERSON, P.C.
TELEPHONE
(970) 925-8166
)..+3 S - ) d-Y
OF COUNSEL,
ERIN FERNANDEZ EL y***
* ALSO ADMITTED IN MARYlAND
** ALSOADMITTEDINTEXAS
""" ALSO ADMITTED IN FLORIDA
315 EAST HYMAN AVENUE, SUITE 305
ASPEN,COLORADO 81611
FACSIMILE
(970) 925-1090
August 24, 1999
Mr. Chris Bendon
Aspen/Pitkin Community Development
130 E. Galena St.
Aspen, Co. 81611
HAND-DELIVERED
Re: L'Auberge D'Aspen/ Subdivision Exemption for
Condominiumization
Dear Chris:
Please accept this letter as a request for subdivision
exemption for the purpose of platting the L'Auberge property to
permit separate ownership of the cabins and the house, as such
development was approved in city of Aspen, Resolution No. 35
(Series of 1995) and Resolution No. 95-41. Pursuant to Land Use
Code Sections 26.88.070 and 26.52, the standards for review have
been met.
Enclosed are the following, in duplicate, as required:
1. Pre-Application Conference Summary;
2. A check for $415 payable to the City of Aspen;
3. Proof of ownership a~ evidenced by Pitkin County Title
Commitment;
4. Applicant information authorizing Kaufman & Peterson to
submit this application as their representative;
5. An 8 W' by 11" vicinity map locating the parcel within the
city of Aspen; ,
6. An existing plat of Perkins Subdivision;
7. Prior approvals-Resolution No. 95-35 and 95-41; and
8. A proposed plat from a registered land surveyor.
Please call me if you have any questions and let me know
your comments. Thank you.
Sincerely,
KAUFMAN & PETERSON, P.C.
A Professional Corporation
By.fi;:/f{f!;i Is!
EFE/ds
Enclosures
RUG-03-1999 14:20 FR~RSPEN/PITKIN COM DEV
TO
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99270374 P,01
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PLANNER: '
PROJECT: i
REPRESENTATIVE:
OWNER: ,
TYPE OF A?PLlCATION:
DESCRIPTION:
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Chris Bendon, 920,5072
L'Auberge
Gideaon Kaufinan
Tracy Haisfield
'Subdivision exemption forCondominiumization
Condo'ing of existing lodge project.
CITY OF ASPEN
PRE-APPLICATION CONFERENCE SUMMARY
DA1: 6.21.99
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Land Use Code Sedion(sl ..
26.88.070 I Condominiilmization '
26.52 : Development Review Prilcedurn
26.52.830 i Application and Fees
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Review by: .
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Staff for complete application, referral agencies for technical conSiderjliOn"com1nunity
Development Director for final approval, 'i
No, ! !
Engineering, ' i
Planning Flat Fee $255
Engineering $160
$415
Public Hearlng:
Refenal Agencies:
Planning Fees:
Referral AgQocy Fees:
,
Total Depos,t:
,
!
To apply, I!ubmit the following information:
\:Total deposit forreview of the application.
2, Proqf of ownership. , i
3. Appiicant' s name, address and telephone number in a letter signed by the applicant, w ich also sta1es the name,
'addJiess and telephone number of the representative. Include street address and legal d scription o1the property.
4. :Summary letter explaining the request (existing conditions and proposed uses) and ad ssing the standards ofthe
Land Use Code sections listed above, 1
5. An 8 112" by II" vicinity map locating the parcel within the City of Aspen, !
6. Old (existing) plat if one exists. (from City Englneerinll or County Recorder) [ !
7.pro~,osed plat from a registered land surveyor, Call City Engineer for plat requil"\'m nls.92o.sc180
8. Copies of prior approvals (from City Clerk) I
9.---1..- Copies of the complete application paoket (items 2-8) i
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Apply, 1>lani..,. reviews case for completeness and sends to Engineering and referral agencies. ~3 weeks I~ter planner
::::~t applicant with the suggestions from Engineering for preparation of the f'inal Plat. 'rhO apPlic~t'S surve)'or
makes tboseiehanges and brings In 2 reproducible mylar copies to the planner. Planner review platfor co,\sistency with
Engineering!sugllestions and the Director appll1ves, approves with conditions, or denies applic 'on based 6n consistency
with the review criteria and technical considel1luons. Plat is then be signed by City Engineer. fPplicant illen can record
the final plai at the Coun,ty Clerk and Recorder (fee).
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COMMITMENT FOR TITLE INSURANCE
SCHEDULE A
1. Effective Date: 07/01/99
at
08:30 A.M.
Case No. PCT-6747P
2. Policy or policies to be issued:
(a) ALTA Owner's Policy-Form 1992
Amount$ TBD
premium$
Rate: STANDARD
Proposed Insured:
PROFORMA
(b) ALTA Loan Policy-Form 1992
Amount $
Premium$
Rate:
Proposed Insured:
Tax Certificate: $10.00
3. Title to the FEE SIMPLE estate or interest in the land described or
referred to in this Commitment is at the effective date hereof
vested in:
THE ALH HOLDING COMPANY-GUNNISON, A COLORADO CORPORATION
4. The land referred to in this Commitment is situated in the County
of PITKIN State of COLORADO and is described as follows:
LOTS 1 AND 2, PERKINS SUBDIVISION, CONSISTING OF LOTS A, B, C, D, E,
F, G, H AND I, BLOCK 38, CITY AND TOWNSITE OF ASPEN, AS SHOWN ON THE
PLAT THEREOF RECORDED IN PLAT BOOK 10 AT PAGE 25.
PITKIN COUNTY TITLE, INC.
601 E. HOPKINS
ASPEN, CO. 81611
970-925-1766
970-925-6527 FAX
AUTHORIZED AGENT
Schedule A-PG.l
This Commitment is invalid
unless the Insuring
provisions and Schedules
A and B are attached.
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SCHEDULE B - SECTION 1
REQUIREMENTS
The following are the requirements to be complied with:
ITEM (a) Payment to or for the account of the grantors or mortgagors
of the full consideration for the estate or interest to be insured.
ITEM (b) Proper instrument(s) creating the estate or interest to be
insured must be executed and duly filed for record to-wit:
THIS COMMITMENT IS FURNISHED FOR INFORMATIONAL PURPOSES ONLY, IT IS
NOT A CONTRACT TO ISSUE TITLE INSURANCE AND SHALL NOT BE CONSTRUED AS
SUCH. IN THE EVENT A PROPOSED INSURED IS NAMED THE COMPANY HEREBY
RESERVES THE RIGHT TO MAKE ADDITIONAL REQUIREMENTS AND/OR EXCEPTIONS
AS DEEMED NECESSARY. THE RECIPIENT OF THIS INFORMATIONAL REPORT
HEREBY AGREES THAT THE COMPANY HAS ISSUED THIS REPORT BY THEIR
REQUEST AND ALTHOUGH WE BELIEVE ALL INFORMATION CONTAINED HEREIN IS
ACCURATE AND CORRECT, THE COMPANY SHALL NOT BE CHARGED WITH ANY
FINANCIAL LIABILITY SHOULD THAT PROVE TO BE INCORRECT AND THE COMPANY
IS NOT OBLIGATED TO ISSUE ANY POLICIES OF TITLE INSURANCE.
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SCHEDULE B SECTION 2
EXCEPTIONS
The policy or policies to be issued will contain exceptions to the
following unless the same are disposed of to the satisfaction of the
Company:
1. Rights or claims of parties in possession not shown by the public records.
2. Easements, or claims of easements, not shown by the public records.
3. Discrepancies, conflicts in boundary lines, shortage in area, encroachments,
any facts which a correct survey and inspection of the premises would disclose
and which are not shown by the public records.
4. Any lien, or right to a lien, for services, labor, or material heretofore or
hereafter furnished, imposed by law and not shown by the public records.
5. Defects, liens, encumbrances, adverse claims or other matters, if any,
created, first appearing in the public records or attaching subsequent to the
effective date hereof but prior to the date the proposed insured acquires
of record for value the estate or interest or mortgage thereon covered by
this Commitment.
6. Taxes due and payablei and any tax, special assessment, charge or lien imposed
for water or sewer service or for any other special taxing district.
7. Reservations and exceptions as set forth in the Deed from the City of
Aspen of record, providing as follows: "That no title shall be hereby
acquired to any mine of gold, silver, cinnabar or copper or to any
valid mining claim or possession held under existing laws".
8. Easements, rights of way and all matters as disclosed on Plat of
subject property recorded in Plat Book 10 at Page 25.
9. Terms, conditions, obligations and provisions of Statement of
Exemtion from the Definition of Subdivision for Perkins Subdivision
as set forth in instrument recorded July ll, 1980 in Book 391 at
Page 574.
10. Terms, conditions, obligations and provisions of Subdivision
Agreement as set forth in instrument recorded August 14, 1980 in
Book 393 at Page 49.
11. Terms, conditions, obligations ~nd provisions of Restriction and
Covenants as contained in Deed recorded September 2, 1980 in Book
394 at Page 101 and re-recorded in Book 394 at Page 190.
12. Any loss or damage of the result of re-sudividing of Lot 2, Perkins
Subdivision.
13. Terms, conditions, provisions and obligations as set forth in
Agreement Creating Protective Covenants recorded April 24, 1995 in
Book 779 at Page 236.
14. Terms, conditions, provisions, obligations and all matters as set
forth in Ordinance No. 29, Series of 1995 by City Council recorded
July 24, 1995 in Book 788 at Page 43.
(Continued)
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15. Terms, conditions, provisions, obligations and all matters as set
forth in Resolution of the Board of County Commissioners recorded
June 10, 1996 as Reception No. 393526 as Resolution No. 95-50.
16. Terms, conditions, provisions and obligations as set forth in
Revokeable Encroachment Agreement recorded August 16, 1996 as
Reception No. 396080.
17. Terms, conditions, provisions and obligations as set forth in
Occupancy Deed Restriction recorded August 27, 1997 as Reception No.
407728.
18. Deed of Trust from: ALH Holding Company-Gunnison, a Colorado
Corporation
To the Public Trustee of the County of Pitkin
For the use of Swiss Chalet/Kitzbuhel Partnership, a Colorado
General Partnership
To secure $90,000.00
Dated October 16, 1992
Recorded October 28, 1992 in Book 692 at Page 838
Reception No. 350180
The beneficial interest of the above Deed of Trust was assigned to
Pitkin County Bank & Trust Company by instrument recorded October 28,
1992 in Book 692 at Page 861.
19. Deed of Trust from: ALH Holding Company-Gunnison, A Colorado
Corporation
To the Public Trustee of the County of Pitkin
For the use of Swiss Chalet/Kitzbuhel Partnership, a Colorado
General Partnership
To secure $825,000.00
Dated October 16, 1992
Recorded October 28, 1992 in Book 692 at Page 840
Reception No. 350181
Assignment of Rents and Leases given in connection with the above
Deed of Trust recorded October 28, 1992 in Book 692 at Page 845.
The beneficial interest of the above Deed of Trust was assigned to
Pitkin County Bank & Trust Co. by instrument recorded October 28,
1992 in Book 692 at Page 861.
20. Deed of Trust from: ALH Holding Company-Gunnision, a Colorado
Corporation
To the Public Trustee of the County of pitkin
For the use of Swiss Chalet/Kitzbuhel Partnership,
General Partnership
To secure
Dated
Recorded
Reception No.
a Colorado
$160,000.00
October 16,
October 28,
350179
1992
1992 in Book 692 at Page 832
(Continued)
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Modification Agreement changing various terms of the Deed of Trust
above was recorded October 28, 1992 in Book 692 at Page 824.
The beneficial interest of the above Deed of Trust was assigned to
pitkin County Bank & Trust Company by instrument recorded October 28,
1992 in Book 692 at Page 861.
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ADDITIONAL INFORMATION
AND DISCLOSURES
The Owner's Policy to be issued, if any shall contain the following
items in addition to the ones set forth above:
(1) The Deed of Trust, if any, required under Schedule B-Section 1.
(2) Water rights, claims or title to water. (NOTE: THIS EXCEPTION
WILL APPEAR ON THE OWNER'S AND MORTGAGE POLICY TO BE ISSUED
HEREUNDER)
Pursuant to Insurance Regulation 89-2;
NOTE: Each title entity shall notify in writing every prospective
insured in an owner's title insurance policy for a single family
residence (including a condominim or townhouse unit) (i) of
that title entity's general requirements for the deletion of an
exception or exclusion to coverage relating to unfiled mechanics
or materialmens liens, except when said coverage or insurance is
extended to the insured under the terms of the policy. A
satisfactory affidavit and agreement indemnifying the Company
against unfiled mechanics'and/or Materialmen's Liens executed
by the persons indicated in the attached copy of said affidavit
must be furnished to the Company. Upon receipt of these items
and any others requirements to be specified by the Company upon
request, Pre-printed Item Number 4 may be deleted from the
Owner's policy when issued. Please contact the Company for
further information. Notwithstanding the foregoing, nothing
contained in this Paragraph shall be deemed to impose any
requirement upon any title insurer to provide mechanics or
materialmens lien coverage.
NOTE: If the Company conducts the owners or loan closing under
circumstances where it is responsible for the recording or
filing of legal documents from said transaction, the Company
will be deemed to have provided "Gap Coverage".
Pursuant to Senate Bill 91-14 (CRS 10-11-122);
(a) The Subject Real Property may be located in a Special Taxing
District;
(b) A Certificate of Taxes Due listing each taxing jurisdiction
may be obtained form the County treasurer of the County
Treasurer's Authorized Agent;
(c) Information regarding Special Districts and the boundaries of
such districts may be obtained from the Board of County
Commissioners, the County Clerk and Recorder, or the County
Assessor.
NOTE: A tax Certificate will be ordered from the County Treasurer by
the Company and the costs thereof charged to the proposed insured
unless written instruction to the contrary are received by the
company prior to the issuance of the Title Policy anticipated by
this Commitment.
This commitment is invalid unless
the Insuring provisions and Schedules
A and B are attached.
Schedule B-Section 2
Commitment No. PCT-6747P
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ALH Holding Company-Gunnison, Inc.
c/o Tracy Haisfield
435 E. Main Street
Aspen, Colorado 81611
(970) 925-8269
August 4, 1999
City of Aspen
130 S. Galena
Aspen, Colorado 81611
Re: L'Auberge, 435 W. Main Street, Aspen, Colorado/ Lots 1 and 2 Perkins Subdivision,
originally known as Lots A-I, Block 3 8, Townsite of Aspen, Pitkin County, Colorado
Please accept this letter as authority to Kaufman and Peterson, P.C. to act as my
representative and to submit any and all applications with respect to the above described property.
Very truly yours,
ALH Holding Company-Gunnison, Inc.
BY:~~
Tracy isfie1d
Auc: 04
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'EAGLE EYE MAPS
97~25-3816 ~.~\
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Net all streets or roads are
named'on maps. Construction
of streets and roads may be In
progress In certaIn areae.
Aspen
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~ U'l.. U ',..I I,". 01- A:;;I't.N
Act 11999 4:37Pm ~~
i'll' Bon4 ~ 1/r,
"U. A ,,110
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U.SOLU'.I!%ClB 110. $'
(l.d.8 of 1995)
a .:IlIIOXoW:tO!! OJ' '!IDI CI:n cowelL OP '1'BB C%'n OJ' UPD, C:Or.oJQDO, ,
GRAJlTnr13 ~9U GllQI LODGE I>IVBLOPIIDI'l' AL~IUIII'1!S >>II> un $XQ' LODG:B
I>lJVBLOPXBlIl't ALLO!rHlIWS
.'
IBDDS, Article 8 of Chapter 24 of tne Aspen Municipal cooe
sets forth a growth ~anage~nt quota syste= governing new
daveloplllent within the city of Aspen; and
WJ(~lIJlA. pursuant to seotion 24-8-104.A of the Aspen MUnicipal
Code, eleven (11) lOdg'e units are available for 4eveloplllent
allotments within the llIetro area on an annual basis; and
,
WlIDEAS, only the L'A'~berge Lodge submitted an application
requestinq eleven lodge units from the 1994 allocation and one unit
fro. the 199~ allocetiohi and
wsnBJ.S, the application was reviewed bY the community
Development tlepart1ll8nt and. fo~arded to the Growth Hanag-_nt
commission (the Commission): and
WBDBU. the COllIlllission, at a duly noticed public heariI\9' on
April 18; 1995, did evaluate tM proposal and found that the
development propon.l for t.he L'Auberqe Lo4qe, as Mended, has
exoeeded the minimum thl:'esholds establiShed by Section 24-8,.108 of
the Aspen Municipa.l C;lC:ia; and
W1tJlII....." the Boa.rd. 0: county COllUll+ssioners did acoept the
commission'5 score attheil:' pUblio meetinq Hay 23, 1995; and
1IKDEU. the Growth Kallil.gelll8nt cOllllllission recommends to the
city council the allocation of eleven 1994 lodge units anc:l one 1!lSlS
~ture allocation as amended and approved at the April 18, 1995,
pUl:llio hellt'inq; and
WBEaBaS, no Challenges to the Groweh Management Commission's
Aug 3,1999' 4:38PM'
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'No,6904 'P. 1/6
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scoring have b.en submitted as allowed under Section 24-8-106.D.
.'-.-" of the Aspen H\Ulicipal Code.
NOW, 'l:RBRSI'ORB, 111: %'r U.oz.VBD BY ~ CITY OO'llJlCl%L 07 'IU CITY
OJ' ;asPBIf, COL~ '!D'r I
Section :1,;
In acco~4ance with Section 24-8-10' of tbe Aspen M~ieipal Code,
th$ Aspen City Council does hereby g~ant to the L'Aube~qe Lodqe
development proposal an allotment of eleven lodqe unite from the
1994 growth manaqelllent quota and one future alloaent f~oll\ the 1995
growth management q\1ota.
..I!I~iOJ\ 3:
In accordance with Section 24-8-110 of the Aspen ~icipal Code,
the development allotments as awarded herein shall expire on the
day atter the third anniversary of the date of approval of a site
'-..i specific development plan for the project a. identified AeI'ein,
\Ulless a building penlit is obtained. anCl 1:be projeet 1s developed,
or unless an exemption from or an extension to the approval is
0);1:&. ined. t:lJ./:J
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,Tou 8AZlOtt,KaJor
I, Kathryn s. Koch, duly appointeci and. acting' City Clerk do certify
that the 1:oreg'oinc; is a tru,a and accut'ate copy of that resolution
of the City of Aspen, Colorado at a.
adopted by the cit17 Co~cilL
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a .UOIijJTJ:ClIl 01' 'DB MP" 'LU1nJI8 UD soaB8 ClOIIX%88:tClll
>>novuo . ClCD%'I%OIIal. v.. roa& IrODU :DI UI OJ'ncI IOU JJUft%CS!
'fO'I lo'AQDG'B LODGII LOO.'f'ID U U5 ,.. DDr ..,... (LO'I' A-I, 8foOCK
3') C1'1'f MID TOIIUU'I OJ' ......, ClOLODlXl
....Lutio. Iro. 15-~
......., 'the ~ppliciUlts propoaecl a co4. IllIIend:ment to al.low a
lodlJe in the oUice zona cliatdct in or~ to 189i tiaize the
current use ot the loelqe an4. ~o allow an expansion of the loel,e;
mCl
WJI1!I'lIM, the COllllllis.ion approveci the propOlled. co4e U1endlllent
at ~ pU):)lic hearing- on April 18, 1995, wt ~led the ..noc:i.ted
con4it.ional use. review to Kay 9, 1995, in 0l'cl8r to ~llow staff and.
.the lIpplicant to continue work on t.l1.e OOJl4itional Wle applic:ation,
and.
..........., the lo4ge proposal Willi rev1ewe4 :by the EnlJineerinq
Depanment, Aspe%l Cons01.l.d.ateet SiIlitation District, the AlIpen Fin
MarShal, Parka Department, an4 the bvixonmental Health DepartJulnt,
and referral c01IllIIan," were .ent to the Pl&Mlng otfioei and
....., l"1anninq staff reviewed. the r~. el1 refen-al
cClIIIIlIents and recOllllllenclecl .~oval for a conclitional use for the
propolled. locl.c1e, with ",01\41t.on., purlUlIJ1t to SecUon 24-'-3041 met
w-m...., on Kaf 9. 1995, the Planning an4 ~o~ Commission
continued the pU1:lll.c hearinc; , reviewe4 the propoaal and staff
recommandaticms. ancl vot.ecl unaniJlo\l51y to approve the request with
conditions; IIJ1d.
....DIl, in ac!cli tion to the concli tional lase appzooval, the
cOlIIIli..ion voted. unanilllouely .to reC:OlllllUlncl to City ColUlCil the
ac!di1:1on of a parking' requirement for loelge. in tbe Office zone
4istrict as stated in staft's Kay', 1995 memoranclua an4 aaended
on the same ~ate.
BOW, TlIIIaDOaI 18 1:'l' ..8Of.YllJ) l)y the Commbaton that it cloGS hereby
~pprave II cond.itional un toZ' the L'Au):)erlJe Loclqe w1tb the
following- col\4itions:
1. Prior to the 1049- GKQS allocation ~y tbe city council, the
applicant shall $U1:lll1it a nv1sacl se.rvica utility plan tM.t has been
reviawecl ;a:nd approved ~y the ACSD, a1\cl the water, elect.ric, aDcl
engineering cleparbumts. '
2. Any costs for new ~U1:l1iC services that ~Qat be installed. or
~.cleil ...:u. be bKl'Ie . th Qpl1Clnt on a part.ial 0;1." f'111 buis
upen41ft9 '1pcm Qa .,.a1 1C1 "'8M1'. :recui.nau-..
3. Pdor to the issuance of iUly buil41ng puaits, the applicant
shall file restrictions alJainat flloture U1stallatioD of fmplacu
and wooelstoves with the Enviromnentlll Health Department.
Aug. 3, 1999' 4. 39PM'
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4. Prior to the i..Q&nee of allY tluilding pe.raite, the applicut
shall sutlait a fuqitive dust control llle, to a rcwi.We4. ancl
approved. ~ the Environlllental Health Depanment.
l:i. i'rior to the. issuanee of any 1lllilcU,nq permits the applicet.
shall sWxllit. a reviSed site plan tbat inclucl..:
a. all transfoper and utility easements;
b. a detailed ~awih9 Of the area for all servioe/tr.sh aftd
recycling areas;
c. proposed and city .pecified sidewalks on 3rd and 4th
st~.et:; 1:letwB8ll hin street and. t1\e alley;
d. a revised parkinq plan to be reviewed anel approved 1ly the
engineerinq and planning staff;
e. elilaination of the curb cu.t adjacent to the lI&ft&ger's
residence.
8.
ll;d,or to the issuance of any 1)U1lcUng permits the applicant
shall sulaIit a detailed landscape plan. app~ove<1 by the Parks
l)epartment.
Prior to tl:le issuance of any buildinq perlIIits:
a. tr_ removal penlite and a aitigation plan tor
rUlOVinq or relocating any 1;:... 6" in caliper or greater
shall l:Ie requ;L~ed from the Parks I)epaz"t:laent and any trees
proposed to ~ &aveQ RJ.illl a protected during:
conlltruotion, inolu41nq no a1"!J;Lnq or Oyer digqing within
the drip line;
b. the applicant Shall enter into aD a91"eement with the
lmqineerinf Department to construct curb anel glitter ;Ln
the f\ltll1'e;
c. ~e appliCVlt shall pay all ..ppli~le water and
sawer t.ap fees; &l\Cl
d. the applicant shall file the appropriate dee4
restrict.lons with the Houaing Office for the cleea
r..-tricteCI clwelling unit if required :by Council.
Atly inoigat.ioll system that is il'lsulled shali " incoapl;i.ance
with the Water COnservation COcle.
As required in se~ioll\ U-7-10(J4 C.4.f, the applicant shall
llIain~aiD tl:le historic runoff pa'tt.e.rns that are founll on the
site and 'hall conect. any runoff or erosion problema that
2
e.
7.
I
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9.
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Aug 3. 1999' 4:39PM' ~: \" ,,,......,,
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'}Io. 6904 rp, 5/6
cl1%'rently exist on the sit..
10. The applicant shall agree to join any future Ulp~o~ent.
clieuictli which may be fonelS fol' the p~o.e of constrv.c"tlg'
improvelIlente in the p~lic right-of-way.
U. All liqht1ng fixtures will face clownward and be shielded. to
eJ.ilIIinata tha potentiill fo:' qlare or nllisUlC8 toneig'~rin9'
proputies. Liqhdng along t.be walkways will be low to the
gr0W'l4 (aJlP2:oxilaately 3' in Mi.,ht) and shielde4.
12. Ul work in the alley ancl public right-of-way shall r~ue
a panit frca thQ Stnetll.nepartment.
13. DUrin", cOJU>t.ructicm, nobe c.azmot excaaci llI&XilllUlll permissi1:l1e
sol.m4 l.vel IlItandards, and con5tl;w;:tion cannot ba done except
between .the hOw:'1I of 7 BJII. ancl 10 p.lII.
14. Early warning devices and fire extinqqishers shall M pl'ovic:le4
in lion cal:Iins and the lIW'Iaqe%" S reciclence,
15. If the applicants intend to use t.I:I.e ditch for 1rril1ation, a
utili8ation plan 1Il1:Ult be reviewed Ily the Parks ancl Wat:er
neputments which ..y inclu4Q a raw water aqreement. The
agl'eaent lIlust be s:l.qnllllS Fior to the i5swmce of any lNHclinq
permits.
'16. Prior to the iuuance of any l:luildinq pe;mits the applicant
shall apply for 1m Qncroac:naent liQ&nSQ. .
17. This c:onditional use approval is cr:mditioned upon lIuccesstul
cOlllPletion of the vu-ianc. request pl'ocess or pot) review,
Council approval of the uxt CUIlencllaene, ancl cOIUlQil allocation
of the lollqe 1l110tlDents.
18. ':the app11clmt aclenOvleCl9'8s M~icipd COde aidewalk maintenance
requ:l.Z'Ul8l\u for all sidewalJ(.s abutting the applicant: · s
property. The.e property ownar obligations inclucle timely
snow relllClval as proviCled. for Ul Section 19, Article VIII, ancl
sweeping' anCl lIa1ntUllUlc;e against Mlarcklus conclltions IlS
provided for in Section 19, ktic:l. rv.
19. All matedal repres81ltations made 'by the applicant 1n the
application and d\l%in9' public llIeetinqe with the P1azminc;r ancl
ZonUlc;r COllllDisslon an4 joint. GMQS Colllliisaion _et~9' lJhall "
ac1here4 to and con.tei.reel con4it.ions of approval, unJ.ess
otherwi.e u.eJldecl by ot!aar conditions.
liO. Any subst.ant1al c::!Ianqe in the 'I.. of ;:M,lI concl:i,tional us.
a. a 1049'e ..U zoeqIll:re UI UlC\dMnt to the c:onditi.onal
use review and othezo applica1:l1e requi.rllllUlt:s of the COIie.
\..._.....1 3