HomeMy WebLinkAboutLand Use Case.CU.435 W Main St.A137-00
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CASE NUMBER
PARCELID#
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
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A137 -00
2735-124-50053
L'Auberge Conditional Use Permit Amendment
435 W. Main 51.
Chris Sendon
Conditional Use Permit Amendment
ALH Holdings
Alan Richman
11/14/00
Reso.60-2000
12/19/00
Chris Sendon
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MEMORANDUM
TO:
Planning and Zoning Commission
TIlRU:
Julie Ann Woods, Community Development Director
Joyce Ohlson, Deputy Director ~
Chris Bendon, Senior Planner CMvvJ
L' Auberge Conditional Use Amendment - Public Hearing
OWner Occupancy Allowance
FROM:
RE:
DATE:
November 14,2000
SUMMARY:
The owners of the L' Auberge Lodge, located on Main Street, have applied for an
amendment to their conditional use to specifically set forth the amount oftime in
which owners of individual lodge units can occupy their unit. If approved,
L' Auberge units would need to be available to the general public on a short-term
basis for at least six months of each year.
DISCUSSION:
In 1995, the applicant proposed a code amendment to allow a "Lodge" as a
conditional use in the Office Zone District and the amendment was adopted by the
City. Until that time, lodges were not a recognized land use along Main Street,
although many lodges existed there for quite some time. The code amendment
resulted in the addition of "Lodge units and Lodge units with Kitchens" as a
conditional use in the Office Zone District.
The applicant also obtained conditional use approval for the existing and proposed
lodge units in their redevelopment scheme, pursuant to P&Z Resolution 95-41. In the
current application, the applicant raises a question as to whether the L' Auberge units
are in fact "Lodge Units" due to their detached configuration. Because the
conditional use criteria are designed to recognize unique development configurations
and designs, visual impacts, and operating styles and the conditional use review
recognized the particular configuration of the L' Auberge project, staff believes these
units are in fact "Lodge Units" regardless of their detached nature. Moreover, the
project is referred to as a "Lodge" throughout the 1995 application materials, minutes,
staff reports, referral comments, and approving documents and staff finds it hard to
believe their could be such confusion regarding the intended use of the land.
Since 1995, when the development approvals were granted to the L' Auberge project,
the City of Aspen re-codified the Lodge Preservation Program in a manner that is
more conducive to small lodge redevelopment. As a part of the new LP provisions,
lodges in the LP Overlay Zone District were allowed to be available to the general
public only 6 months (or more) of the year. This change specifically recognized the
nature of small lodge operations and the possible redevelopment incentive this
flexibility could offer. It is important to remember that this provision was considered
as an incentive to LP development and not available to other non-LP projects.
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In contrast, all other lodge properties (non-LP lodges) did not benefit from this 6-
month change and remain under the requirement of "available to the general public on
a short-term basis." (Short-term is defined as one month, or less.) In recent code
amendment discussions, staff and the Commission have discussed how "available to
the general public on a short-term basis" generates a certain complexity for
condominiumized lodge units that are not in the LP system. The language suggests
that owners of those non-LP units cannot stay in their own unit. The City is prepared
to address this complexity in a more comprehensive manner. In light of the City's
direction on this larger topic, L' Auberge representatives have requested the specifics
of the L' Auberge project be examined under an amendment to the conditional use.
Despite its non-LP status, the L'Auberge property is typical of many of the small
lodges that are in the LP Overlay Zone District. When the LP designation originated,
it was a voluntary system and many properties are not included in the LP system that
fit the small lodge mold. In fact, Main Street is a good example of the random pattern
of the LP Overlay -- Hotel Aspen (LP), Tyrolean (non-LP), Innsbrook (LP),
L' Auberge (non-LP), Christiannia (LP).
Another contributing factor and an argument in support of the L' Auberge request is
the following: If the 1995 redevelopment were requested today, staff would
encourage the applicant to look at the benefit of rezoning into the LP System. In light
of recent concerns about our lodge base, a rezoning into the LP system with a
redevelopment request would probably receive favorable reviews from staff. And in
that scenario, the 6-month allowance would automatically apply to the property and
the provision could actually induce the redevelopment.
Staff s primary concern regarding this request is to establish a regulation that is
simple to understand and enforce. Both staff and the applicant have an interest in a
regulation that is simple, clear, easy to convey to prospective owners, and easy for
staff and the owners to enforce.
Staff does have a concern, however, about the possible reduction in occupancy rates
and tourist turn-over. Lodges serve a very important role in a resort economy and the
prospect of this property functioning less like a traditional lodge and more like a
second home, even if for only a portion of the year, could have an effect upon our
economic sustainability. Although, it is difficult to know for certain whether this
change will have any effect and even more difficult to ascertain the level of that
impact on the City, especially considering this project only represents 18 units.
It is for this last reason, however, that staff does not support the conditional use
amendment. As mentioned above, staff is more concerned with a regulation, if one is
adopted, that is clear and easy for staff and prospective owners to understand, The
most straight-forward regulation would mirror that of the LP overlay properties. The
Resolution has been structured to provide this simplicity with a few administrative
checks to ensure compliance.
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ApPLICANT:
L' Auberge Lodge. ALH Holdings, owner. Represented by Gideon Kaufman,
Kaufman Peterson Attorneys, and Alan Richman, AICP, Alan Richman Planning
Services.
LOCATION:
435 West Main Street, Aspen
ZONING:
Office (0)
CURRENT LAND USE:
. Lodge (condominiumized).
PROPOSED LAND USE:
Lodge. The conditional use request is for owner-occupancy of each unit of up to six
months of each year.
PREVIOUS ACTION:
The Commission has not previously considered this application, with the exception of
code amendment discussions in October related to the Hotel definition.
REVIEW PROCEDURE:
Conditional Use. The Commission shall, by Resolution, approve, approve with
conditions, or deny the request during a public hearing.
STAFF COMMENTS:
Review criteria and Staff Findings have been included as Exhibit "A." The
application has been included as Exhibit "B."
RECOMMENDATION:
Staff recommends the Commission not approve the conditional use amendment.
ALTERNATE RECOMMENDATION:
Staff recommends an approval, if granted, be simple and easy to understand and
apply. Staff believes the proposed Resolution accomplishes this simplicity.
RECOMMENDED MOTION:
"I move to adopt Resolution No. 00-_, approving an amendment to the conditional
use for the L' Auberge Lodge to allow six-month owner occupancy periods."
ATTACHMENTS:
Exhibit A -- Review Criteria and Staff Comments
Exhibit B -- Development Application
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RESOLUTION OF THE ASPEN PLANNING AND ZONING COMMISSION
APPROVING A CONDITIONAL USE AMENDMENT REGARDING OWNER
OCCUPANCY OF INDIVIDUAL UNITS FOR THE L' AUBERGE LODGE, 435
WEST MAIN STREET, LOTS A-I, BLOCK 38, CITY AND TOWNSITE OF
ASPEN.
Parcel No. 2735.124.50.053
Resolution No. 00-_
WHEREAS, the Community Development Department received an application
from ALH Holding Company - Gunnison, a Colorado Corporation, owner of the
L'Augberge D'Aspen located at 435 West Main Street, Aspen, Colorado, for an
amendment to the conditional use approval granted by the City of Aspen, pursuant to
Planning and Zoning Commission Resolution 95-41, to set forth the manner in which
owners of individua1lodge units can occupancy their unit; and,
WHEREAS, pursuant to Planning and Zoning Commission Resolution No.95-41,
substantial changes in the manner in which the property operate as a lodge are required to
be reviewed as an amendment to the conditional use approval and may be approved by
the Planning and Zoning Commission pursuant to the criteria and procedures of
conditional use review, Chapter 26.425 and the City of Aspen Land Use Code; and,
WHEREAS, the Community Development Director reviewed this application
pursuant to the review criteria set forth in Chapter 26.425 and recommended the Planning
and Zoning Commission not approve the amendment to the approved conditional use;
and,
WHEREAS, during a duly noticed public hearing on November 14, 2000, the
Planning and Zoning Commission considered the recommendation made by the
Community Development Director and comments from the general public and approved,
. with conditions, by a _ to _ C--.J vote, the conditional use amendment regarding the
manner in which owners of individua1lodge units may occupy their units.
NOW, THEREFORE BE IT RESOLVED by the Commission:
The conditional use for the L' Auberge D' Aspen lodge operation is hereby amended to
permit owners of individual lodge units to occupy their unit such that each unit remains
available to the general public for short-term occupancy periods at least six months of
each calendar year, subject to the following conditions:
1. The general public includes all persons with no ownership interest in the property.
Unit owners are not considered the general public for the purposes of this
conditional use amendment.
2. The applicant shall provide a copy of the condominium declarations to the City of
Aspen Community Development Department and said documents shall clearly
identify this six-month owner occupancy provision, require amendments to the
condominium declaration regarding this provision to be reviewed by the City of
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PZ Reso. No. 00,_. Page 1
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Aspen, and shall permit the owners association to enforce the six month owner
occupancy provision.
3. The L' Auberge D' Aspen Condominium Owners Association shall diligently
enforce the six-month provision on their own and upon written request by the City
of Aspen.
4. The six month owner occupancy provision shall apply only to the lodge units,
identified as "cabin units" on the condominium plat, and shall not apply to the
single family home located at the corner of Fourth and Main Streets, identified as
"house" on the condominium plat. The house shall operate consistent with
regulations that apply generally to single-family houses, unless otherwise approved.
5. The applicant shall record this Planning and Zoning Resolution with the Pitkin
County Clerk and Recorder located in the Courthouse Plaza Building. There is a
per page recordation fee. In the alternative, the applicant may pay this fee to the
City Clerk who will record the resolution.
6. All material representations made by the applicant in the application and during
public meetings with the Planning and Zoning Commission shall be adhered to and
considered conditions of approval, unless otherwise amended by other conditions.
APPROVED by the Commission at its regular meeting on November 14,2000
APPROVED AS TO FORM:
PLANNING AND ZONING
COMMISSION:
City Attorney
Robert Blaich, Chair
ATTEST:
Jackie Lothian, Deputy City Clerk
PZ Reso. No. 00,_. Page 2
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EXHIBIT A
STAFF COMMENTS: CONDITIONAL USE
26.425.040 Standards applicable to all conditional uses.
When considering a development application for a conditional use, the Planning
and Zoning Commission shall consider whether all of the following standards are met, as
applicable.
A. The conditional use is consistent with the purposes, goals, objectives
and standards of the Aspen Area Community Plan, with the intent of the
zone district in which it is proposed to be located, and complies with all other
applicable requirements of this Title; and
Staff Finding
Staff believes the request is consistent with other applicable requirements of the Land
Use Code. The request is consistent with the stated purpose of the Office Zone District as
an acceptable place for high volume commercial uses. The lodge use is not mentioned in
the Office Zone purpose statement, but lodging typically represents a high volume of
activity.
Staff does not believe the request demonstrates consistency with the Economic
Sustainability goals and objectives of the Aspen Area Community Plan. Specifically, a
possible reduction in the number of guests and lessened tourist turn-over activity could
result with the proposed six-month owner occupancy periods. This in turn could
negatively affect the retail and restaurant activity that is typically associated with short-
term occupancy traditional lodge operations upon which a resort economy is predicated.
This request has not demonstrated the creation of long-term sustainability that respects
the resort underpinning of Aspen's economy.
B. The conditional use is consistent and compatible with the character of
the immediate vicinity of the parcel proposed for development and
surrounding land uses, or enhances the mixture of complimentary uses and
activities in the immediate vicinity of the parcel proposed for development;
and
Staff Finding
Staff believes the property will remain compatible with surrounding properties with this
amendment.
C. The location, size, design and operating characteristics of the
proposed conditional use minimizes adverse effects, including visual impacts,
impacts on pedestrian and vehicular circulation, parking, trash, service
delivery, noise, vibrations and odor on surrounding properties; and
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Staff Finding
Staff does not expect any noticeable changes in these adverse effects that would require
remediation.
D. There are adequate public facilities and services to serve the
conditional use including but not limited to roads, potable water, sewer, solid
waste, parks, police, fire protection, emergency medical services, hospital and
medical services, drainage systems, and schools; and
Staff Finding
There are adequate facilities to serve the property and no additional services would be
required with this change.
E. The applicant commits to supply affordable housing to meet the
incremental need for increased employees generated by the conditional use;
and
Staff Finding
No increase in affordable housing IS expected and no employee housing mitigation
measures have been requested.
The Community Development Director may recommend, and the Planning and Zoning
Commission may impose such conditions on a conditional use that are necessary to
maintain the integrity of the city's zone districts and to ensure the conditional use
complies with the purposes of the Aspen Area Community Plan, this Chapter, and this
Title; is compatible with surrounding land uses; and is served by adequate public
facilities. This includes, but is not limited to imposing conditions on size, bulk, location,
open space, landscaping, buffering, lighting, signage, off-street parking and other similar
design features, the construction of public facilities to serve the conditional use, and
limitations on the operating characteristics, hours of operation, and duration of the
conditional use.
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October 20, 2000
Mr. Chris Bendon, Senior Planner
Aspen Community Development Department
130 South Galena Street
Aspen, Colorado 81611
RE: APPLICATION TO AMEND CONDmONAL USE PERMIT FOR UAUBERGE
Dear Chris,
This is an application submitted pursuant to the Planning Office's direction to amend the
conditional use permit previously granted to L'Auberge to operate a lodge in the Office (0)
zone district. The conditional use permit was granted by the Aspen Planning and Zoning
Commission pursuant to Resolution 95-41 (attached hereto as Exhibit #1).
L'Auberge is located at 435 West Main Street (Lots A through I, Block 38, City and
Townsite of Aspen). A copy of the recorded condominium plat, depicting the property's
existing conditions, has been provided. The location of the site in relation to neighboring
properties is shown on the vicinity map contained on the condominium plat.
This application is being submitted by ALH Holding Company - Gurmison, a Colorado
Corporation, which is the property owner (hereinafter, "the applicant"). Proof of the
ownership of the property is provided by Exlubit #2, an attorney's letter and warranty deed.
Authorization for Alan Richman Planning Services to represent the applicant is provided by
Exhibit #3.
A pre-application conference was held with a representative of the Community Development
Department on October 18, 2000 (see Exhibit #4, Pre-Application Conference Summary).
At this meeting, the staff confirmed that the applicant would be subject to conditional use
review by the Planning and Zoning Commission, to amend (if necessary) the previously
approved conditional use permit. Since conditional use review requires notice as a public
hearing, the applicant has provided a list of all owners of property within 300' feet of the
subject property (see Exhibit #5). The list was obtained from the City's records through the
GIS Department.
The next section of this application identifies the applicable standards of the Aspen Land
Use Regulations for this conditional use review andp~o'1de~~!esponse to each of t,he~\? 'A,
stand:rrds. . / Jb .iu~0'f~ JN4J ~~~~~itC-,^7;;~; ~I~'~~:,.
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Mr. Chris Bendon
October 20, 2000
Page Two
Conditional Use Amendment
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The Office (0) zone district lists "Lodge units and lodge units with kitchens" as a conditional
use. This listing was added to the conditional use table for the Office zone district pursuant
to Ordinance 31, Series of 1995, concurrent with the approval ofL'Auberge's conditional use
permit and with the granting of a growth management allotment to the owners to add new
lodge units to the property. The amendment to the use table was adopted by the City as
a way of legitimizing the historic use of the property as a lodge.
Pursuant to the approvals granted in 1995, the applicant has built additional lodge units that
were authorized for the property and has operated these units as tourist accommodations.
The applicant has also submitted to the City a condominium plat for the property, and has
recorded that plat in the office of the Pitkin County Clerk.
The City questioned whether a change in the form of the ownership of the property, coupled
with a potential change in use, represents a substantial change to the approved conditional
use. According to Condition #20 of Resolution 95-41, "Any substantial change in the use
of this conditional use as a lodge shall require an amendment to the conditional use review
and other applicable requirements of the code".
Section 26.425.080 of the Aspen Land Use Code lists the types of activities that may be
considered to be insubstantial amendments to an approved conditional use. Although the
applicant believes the proposed changes are a technical clarification, not a substantial
change, the staff has determined that the Planning and Zoning Commission should review
this as a conditional use amendment. Section 26.425.080 B. of the Code therefore requires
that the applicant must repeat the conditional use review to amend the prior permit.
The standards for conditional use review, as listed in Section 26.425.040 of the Aspen Land
Use Code, and the applicant's responses to these standards, are as follows:
A. The conditional use is consistent with the purposes, goals, objectives and standards of the
Aspen Area Community Plan, with the intent of the Zone District in which it is proposed
to be located, and complies with all other applicable requirements of this Title.
Response: L'Auberge has long been one of Aspen's most recognizable small lodges, offering
a unique lodging experience to guests in the Aspen area. The srnall cabins that dot this site
are consistent with the historic character of West Main Street, and also evoke images of this
community's ties to the traditions of European alpine resorts. The new additions to the site
have continued this style, while upgrading the entire image of the property in terms of both
architecture and landscaping.
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Mr. Chris Bendon
October 20, 2000
Page Three
The lodging use and its visool appearance make the property consistent with the intent of
the Office zone district, which is 'To provide for the establishment of offices and associated
commercial uses in such a way as to preserve the visual scale and character of former
residential areas that are now adjacent to commercial and business areas, and commercial
uses along Main Street and other high volume thoroughfares".
The applicant proposes that the condominiumized lodge be permitted to operate consistent
with the definition of the term,podge" in the Aspen Land Use Code. This definition reads
as follows: ..~
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"Lodge. Same as hotel, .except that lodges in the Lodge Preservation (LP) Zone District
must be available for overnight lodging by the general public on a short-term basis for at
least six months of each calendar year, and may have kitchens within individual lodge
rooms."
The cabins on the property contain kitchens so, by definition, they are not hotel rooms. The
applicant hereby represents that the units will be made available for overnight lodging by
the general public on a short-term basis for at least six months of each calendar year. This
occupancy restriction will be included in the condominium documents for this property, along
with a mechanism for the condominium association to enforce the limitation. The occupancy
restriction will also be disclosed in all real estate brochure and marketing for the units.
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The applicant would also point out that the building at the corner of Fourth and Main is a
house that has historically been occupied as a residence, and has. not been rented out to
guests as part of the lodge. It is the applicant's intention to maintain this use, and not to
make it available for overnight lodging by the general public on a short-term basis.
B. The conditional use is consistent and compatible with the charqpter of the immediate
vicinity of the parcel proposedfor development and su"ounding land uses, or enhances
the mixture of complimentary uses and activities in the immediate vicinity of the parcel
proposed for development.
Response: L'Auberge is consistent and compatible with the character of West Main Street.
There are several other lodges operating in this area, including the Innsbruck Inn, Christmas
Inn, Aspen Mountain Lodge, Hotel Aspen, Molly Gibson Lodge, and Sardy House. What
is unique about L'Auberge is the small scale of its buildings and their unique mountain
character, which have long been a very distinctive part of this historic district.
The small scale of these structures is one factor that ensures these lodge units will continue
to be used as short term accommodations after they have been sold to individual owners.
The very nature of these units will make them unattractive to persons looking to purchase
a dwelling in Aspen that they will use solely for their own occupancy.
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Mr. Chris Bendon
October 20, 2000
Page Four
C. The 10cqJion, size, design and operflting characteristics of the proposed conditional use
minimizes adverse effects, including visual impacts, impacts on pedestrian and vehicular
circulation, parking, trash, service delivery, noise, vibrations and odor on surrounding
properties.
Response: No changes are proposed to the size or design of the existing lodge, or in the
manner in which it operates. Therefore, there will be no adverse visual effects from this
proposal, nor will there be any impacts on pedestrian and vehicular circulation, parking,
trash, service delivery, noise, vibrations and odor on surrounding properties.
D. There are adequate public facilities and services to serve the conditional use including
but not limited to roads, potable water, sewer, solid waste, parks, police, fire protection,
emergency medical services, hospital and medical services, drainage systems, and schools.
Response: This property already is served by the full compliment of public facilities and
services. The proposed amendment to the conditional use should not cause any increase in
the demand for these services.
E. The applicant commits to supply affordable housing to meet the incremental need for
increased employees generated by the conditional use.
Response: There will not be any increased employee generation caused by the proposed
amendment to the conditional use.
Conclusion
I believe we have submitted all .of the materials requested during the pre-application
conference and have responded to the applicable standards of the Aspen Land Use Code
and have demonstrated Our compliance with said standards. Should any reviewing agency
request additional information, or need for us to clarify any of the statements made herein,
we will respond in a timely manner. Please feel free to contact us as necessary.
Very truly yours,
ALAN RICHMAN PLANNING SERVICES
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Alan Richman, AICP
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MAP AND EXHIBITS
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EXHIBIT #1
A RESOLUTION OF THE ASPEN PLANNING AND ZONING,COMMISSION
APPROVING CONDITIONAL USE FOR A LamGE IN THE OFFICE ZONE DISTRICT
FOR L'AUBERGE LQpGE LOCATED AT 435 W. MAIN STREET (LOTS A-I, BLOCK
38) CITY AND TOWNSITE OF ASPEN, COLORADO
Resolution No. 95-=U
WHEREAS, the applicants proposed a code amendment to allow a
l~ge in the office zone district in order to legitimize the
current use of the lodge and to allow an expansion of the lodge;
and
WHEREAS, the Commission approved the proposed code amendment
at a public hearing on April 18, 1995, but tabled the associated
conditional use review to May 9, 1995, in order to allow staff and
the applicant to continue work on the conditional use application;
and
WHEREAS, the lo~ge proposal was reviewed by the Engineering
Department, Aspen Consolidated Sanitation District, the Aspen Fire
Marshal, Parks Department, and the Environmental Health Department,
and referral comments were sent to the Planning Office; and
WHEREAS, Planning staff reviewed the request and referral
comments and recommended approval for a conditional use for the
proposed lo~e, with conditions, pursuant to Section 24-7-304; and
WHEREAS, on May 9, 1995, the Planning and Zoning commission
continued the public hearing, reviewed the proposal and staff
recommendations, and voted unanimously to approve the request with
conditions; and
WHEREAS, in addition to the conditional use approval, the
Commission voted unanimously to recommend to city council the
addition of a parking requirement for loqges in the Office zone
district as stated in staff's May 9, 1995 memorandum and amended
on the same date.
NOW, THEREFORE BE IT RESOLVED
approve a conditional use
following.' conditions:
by the commission that it does hereby
for the L'Auberge L~dge with the
1. Prior to the lodge GMQS allocation by the city council, the
applicant shall submit a revised service utility plan that has been
reviewed and approved by the ACSD, and the water, electric, and
engineering departments.
2. Any costs for new public services that must be installed or
upgraded shall be borne by the applicant on a partial or full basis
depending upon the specific agency's requirements.
3. Prior to the issuance of any building permits, the applicant
shall file restrictions against future installation of fireplaces
and wood stoves with the Environmental Health Department.
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4. Prior to the issuance of any building permits~ the applicant
shall submit a fugitive dust control plan, to be reviewed and
approved by the Environmental Health Department.
5. Prior to the issuance'of any building permits the applicant
shall submit a revised site plan that includes:
a. all transformer and utility easements;
b. a detailed drawing of the area for all service/trash and
recycling areas;
c. proposed and city specified sidewalks on 3rd and 4th
streets between Main street and the alley;
d. a revised parking plan to be reviewed and approved by the
engineering and planning staff;
e. elimination of the curb cut adj acent to the manager's
residence.
6. Prior to the issuance of any building permits the applicant
shall submit a detailed landscape plan approved by the Parks
Department.
7. Prior to the issuance of any building permits:
a. tree removal permits and a mitigation plan for
removing or relocating any trees 6" in caliper or greater
shall be required from the Parks Department and any trees
proposed to be saved shall be protected during
construction, including no digging or over digging within
the drip line;
b. the applicant shall enter' into an agreement with the
Engineering Department to construct curb and gutter in
the future;
c. the applic!'lnt shall pay all applicable water and
'sewer tap fees; and
d. the applicant shall file the appropriate
restrictions with the Housing Office for the
restricted dwelling unit if required by Council.
8. Any irrigation system that is installed shall be incompliance
."with the Water Conservation Code.
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9. As required in Section 24-7-~004 C.4.f, the applicant shall
maintain the historic runoff patterns that are found on the
site and shall correct any runoff or erosion problems that
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currently exist on the site.
10. The applicant shall agree to join any future improvements
districts which may be formed for the purpose of constructing
improvements in the public right-of-way.
11. All lighting fixtures will face downward and be shielded to
eliminate the potential for glare or nuisance to neighboring
properties. Lighting along the walkways will be low to the
ground (approximately 3' in height) and shielded.
12. All work in the alley and public right-of-way shall require
a permit from the streets Department.
13. During construction, noise cannot exceed maximum permissible
sound level standards, and construction cannot be done except
between the hours of 7 am. and 10 p.m.
14. Early warning devices and fire extinguishers shall be provided
in all cabins and the manager's residence.
15. If the applicants intend to use the ditch for irrigation, a
utilization plan must be reviewed by the Parks and Water
Departments which may include a raw water agreement. The
agreement must be signed prior to the issuance of any building
permits.
16. Prior to the issuance of any building permits the applicant
shall apply for an encroachment license.
17. This conditional use approval is conditioned upon successful
completion of the variance request process or PUD review,
Council approval of the text amendment, and Council allocation
of the ~~ge allotments.
18 . The applicant acknowledges Municipal Code sidewalk maintenance
requirements for all sidewalks abutting the applicant's
property. These property owner obligations include timely
snow removal as provided for in Section 19, Article VIII, and
sweeping and maintertance against hazardous conditions as
provided for in Section 19, Article IV.
19. All material representations made by the applicant in the
application and during public meetings with the Planning and
Zoning Commission and joint GMQS Commission meeting shall be
adhered to and considered conditions of approval, unless
otherwise amended by other conditions.
20. Any substantial change in the use of this conditional use
as a ~ge shall require an amendment to the conditional
use review and other applicable requirements of the code.
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APPROVED by the commission at their regular meeting on May 9, 1995.
ATTEST:
Clerk
ASPEN PLANNING AND
ZONING COMMISSION
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Bruce Kerr, Chairman
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EXHIBIT #2
~
BROOKE A. PETERSON
GIDEON I. KAUFMAN"
LAW OFFICES OF
KAUFMAN & PETERSON, P.C.
TELEPHONE
(970) 925-8166
FACSIMILE
(970) 925.1090
OF COUNSEL:
HAL S. DISHLER"*
TERRI J. KAFRISSEN
315 EAST HYMAN AVENUE, SUITE 305
ASPEN, COLORADO 81611
October 20, 2000
. ALSO ADMITTED IN MARYLAND
- ALSO ADMITTED IN TEXAS
Mr. Chris Bendon
Aspen/Pitkin Community Development
130 South Galena Street
Aspen, Colorado 81611
Re: L'Auberge D'Aspen
Dear Chris:
As you can see from the enclosed copy of the General
Warranty Deed recorded October 28, 1992, in Book 692 at Page 829,
the owner of the Property is The ALH Holding Company-Gunnison, a
Colorado corporation. If you have any additional questions,
please do not hesitate to call.
Sincerely,
KAUFMAN & PETERSON, P.C.
A Professional Corporation
By .~
. Gideo . Kaufman
GK/bw
Enclosure
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('\ GENERAL -"':iUtAAN"!'Y DEEC
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2: - THIS. DEED, made th.ls --1!L- day of October 1992, bet....een nISS
io \J CnL!TjXI'l':JBtm!:L PARTNDSHIP, a Colorado qqneral part.nership ot the
< t county oc Pitkin and state o( Colorado ("Grantor"), and '1'X3 ALa
a.. fu HOLOING CCMPANY-GtrmfIS9,N, a C corporation'! whose legal
~ 6 a: ('"/:) address is .5 0', If l"tJA. c"'; ,~, L" /1, of
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That the Grantor tor and in consideration ot the sum at TEN
~ AND NO/100 DO~S CS10.OO), the receipt and sUfficiency of which
~ is herebyacknowledqed, has granted, bargained, sold and conveyed,
~ and by these presents does grant, bargain, sell, convey and
o ~ confirm, unto to the Grante., its successors and assigns torever,
z ~ all the real property together wit~ improvements, it anYI situate,
\i:; e \ lying and being in the county ot Pitkin and state ot Colorado
~;: Ad described as Lots 1 and 2, Perkins Subdivision, consisting ot Lots
l_.r. A., B, C, 0, E, F, G, H. and I, 810CK 38, City and Townsite ot A:spen,
~~i~-i as shown on the Plat thereot recorded in Plat BOOK 10 at Page 25.
,.~
E-+.~ . TOGETHER ....ith all and sinqular the hereditaments and appuree-
(j ~ ~ nances thereto belonging, or in anywise appertaining, and the
~~reversion and reversions, remainder and remainders, rents, issues
- and profits th~reot, and all the estate, right, title, interest,
claim and demand whatsoever ot the Grantor, either in law or
equity, of, in and to the above bargalned premises, ....ith the
hereditaments and appurtenances.
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TO HAVE AND TO HOLD the said pre:qises above bargained and.
described, ....ith the appurtenances, unto the Grantee, its successors
and assigns torever. And the Grantor, toritselt, its SU~C8ssors
and assigns does covenant, grant, bargain, ana aqree to and with
the Grantee, its. heirs and assigns, that at the time o~ the
ensealinq and delivery otthese presents, is well seized at the
premises above conveyed, has good, sure, pertect, absolute and
indefeasible estate ot inheritance, in law, in tee simple, and has
good riqht, full power and lawtul authority to grant, bargain, sell
and convey the same in manner and torm a. ~toresAid, and that the
same are free and clear trom alltormer and other grants, bargaino,
sales, liens, taxes, ~~sessments, encumbrances and restrictions of
whatever kind or nature soever, except those items at record listed
on Exhibit "A" attached. hereto.
The Grant.or shall and will WARRANT AND FOREVER DEFEND the
above-bargained premises in the quiet and peaceable possession ot
the Grantee, its successors and assigns, against all a.nd every
person or persons lawfully claiminq the whole or any part thereot.
The singular number shall include the plural, the plural the
singular, and the U.e ot a'ny qender ahall be applicable to all
genders.
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IN WITNESS WHEREOF, the Grantor has executedthls deed on the
date set torth'above.
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SWISS CHALET/KITZBUHEL PAR
A colora40 qsnerai~partne
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Nor=an Bacheldor, as attorney-
tn-fact for partners, Raren
Melville Batista, craig W.
Melvill., Julie Melville Inman,
Frank H. Melville, Nancy
Melville Bacheldor and Susan
Melville peguero
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STATE OF COLORADO
99.
COUNTY OF PITKIN
The foregoing was subscribed and sworn to before me this ~
day of October, 1992, by Norman Bacheldor, as attorney-in-fact for
partners, Karen Melville Batista, craig w. Melville, Julie Melville
Inman; Frank H. Melville, Nancy Melvill::t Bacheldor and Susan
Mel v illo Pequero, of swi.. Chalet/X! tzbuhel I'ar.tnersh!p, a colorado
general partnership.
witness my hand and official seal.
Mycommisai'on expire.: Qt' f ..::J:(:i /"1.(.(5
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ReaL estate taxes due in 1992 a~d payable in 1993.
Reservations and exceptions as set forth in the Deed tram the
city ot Aspen of record, providing a8 tolloW's. "That no title
shall be herocy acquired to any mine ot qold, silver, cinnabar
or copper or to any valiet m1ning claim or possession held
unae%, , existing law..1l
Easements, right.ot way and all mattara aa d1.010..d on Plat
ot SUbject property recorded in PlAt Bcok 10 at Page 3'.
4. Terms, conditions, obliqaticns and provisions ot statement of
Exemption trom the oetinition ot SUbd,ivisifJn tor Perkins
SUbdivision as sat forth!n instrument recorded in Book 391 at
Page 574.
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Agreement as ge~ forth in ind~rumlnt recordld in Book 39J ~t
Pago 49.
6. ".ny l08sordamaqe as the result ot r."subc1!vidlnq ot Lot 2,
Perkins SUbdjv!sion.
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EXHIBIT #3
Mr. Chris Bendon, Senior Planner
Aspen Community Development Department
130 South Galena Street
Aspen, Colorado 81611
RE: APPLICATION TO AMEND CONDmONAL USE PERMIT FOR L'AUBERGE
Dear Mr. Bendon,
We hereby authorize Gideon Kaufman of Kaufman and Peterson, P.C., and Alan Richman
of Alan Richman Planning Services to act as our designated representatives with respect to
the land use application being submitted to your office for L'Auberge, located at 435 West
Main Street. Gideon Kaufman and Alan Richman are authorized to submit an application
to amend the conditional use permit previously issued to our property. They are also
authorized to represent us in meetings with City of Aspen staff and the Aspen Planning and
Zoning Commission.
Should you have any need to contact us during the course of your review of this application,
please do so through Kaufman and Peterson, P.e. or Alan Richman Planning Services,
whose address and telephone number are included in the land development application.
~#
ALH Holdings/Gurmison
Michael Haisfield
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EXHIBIT #4
~
CITY OF ASPEN
PRE-APPLICATION CONFERENCE SUMMARY
PLANNER:
Chris Bendon, 920.5072
DATE: 10.18.00
PROJECT:
REPRESENTATIVE:
OWNER:
TYPE OF APPLICATION:
DESCRIPTION:
L' Auberge Conditional Use Amendment #1
Alan Richman, 920.1125; Gideon Kaufman, 925.8166
Tracy Haysfield
1 step - Planning and Zoning Commission
The L' Auberge Lodge Owners are interested in amending their Conditional Use approval to
specifically set forth the manner in which owners of individual lodge units can utilize their
unit, including the amount of time each unit must be available to the general public as a
traditional rental unit. P&Z Reso 95-41 allows for such an amendment to the conditional
use.
Land Use Code Sections:
26.425 Conditional Use Review
26.302 Common Development Review Procedures
Review by:
Staff for Completeness, Community Development Director for recommendation, Planning and
Zoning Commission.
Yes, P&Z. Applicant must post property and mail notice at least 10 days prior to hearing, or at
least 15 days prior to the public hearing if any federal agency, state, county, municipal
government, school, service district or other governmental or quasi-governmental agency owns
property within three hundred (300) feet of the property subject to the development application.
Applicant will need to provide proof of posting and mailing with a affidavit at the public hearing.
None.
$1,110 Minor Review (6-hour deposit)
None.
$1,110 (additional hours are billed at a rate of$195/hour).
Public Hearing:
Referral Agencies:
Planning Fees:
Referral Agency Fees:
T ota! Deposit:
To apply, submit the following information:
1. Proof of ownership and letter signed by the applicant stating representative authorization.
2. Signed fee agreement.
3. improvement survey, site plan, or a plat map of the property. Include one large version for presentation and a
reduced version for the application packet.
4. Proposed timeframes for owner usage and general public usage.
5. Response to the criteria for amending the text of the Land Use Code contained in Section 26.425.
6. A copy ofReso. 95-41.
Notes:
· A current site improvement survey is not necessary but a plat map of other site plan that describes the property should
be included.
· A description of a typical unit (floor plan or pictures, etc.) would be helpful to include in the application.
Disclaimer:
The foregoing summary is advisory in nature only and is not binding on the City. The summary is based on current zoning, which is
subject to change in the future, and upon factual representations that mayor may not be accurate. The summary does not create a
legal or vested right.
.
EXHIBIT #5
LIST("""; OWNERS Wn.HlN 300' OF PR(l"""'\R1Y
501 WEST MAIN LLC
408 AABC #202
ASPEN, CO 81611
ASPEN HOMEOWNERS' ASSOCIATION
A COLO NON PROFIT CORPORATION
311WMAINST
ASPEN, CO 81611
BECK GLENN A
PO BOX 1102
VICTORVILLE, CA 92392
BOOMERANG L TO
500 W HOPKINS AVE
ASPEN, CO 81611
CARINTHIA CORP
45 E LUPINE DR
ASPEN, CO 81611
CLICK JANE
333 W MAIN ST
ASPEN, CO 81611
CRETE ASSOCIATES LP
3418 SANSON STREET
PHILADELPHIA, PA 19104
DEREVENSKY PAULA
1128 GRAND AVE
GLENWOOD SPRINGS, CO 81601
FRANKEL KATHY REVOCABLE TRUST
444 N WELLS #303
CHICAGO, IL 60610
HANSEN WERNER AND HARRIET
WINTER ERNST & SON INC C/O
ORDINGER WEG 12
HAMBURG GERMANY, 22609
ALG SECOND QUAL PERS RES TRUST
C/O GILDEN HORN ALMA L
2030 24TH ST NW
WASHINGTON, DC 20008
BAILEY MIRANDA 1994 TRUST 50%
C/O JANUS CAPITAL
620 E COOPER
ASPEN, CO 81611
BLAU SETH J
BLAU JUDITH
3896 DOGWOOD LN
DOYLESTOWN, PA 18901
BRAFMAN STUART REVOCABLE TRUST
BRAFMAN LOTTA BEA REVOCABLE
TRUST
161 E CHICAGO #30B
CHICAGO, IL 60611
CHAMBERS PETE
PO BOX 10086
MULONN, VA 22106
COMCOWlCH WILLIAM L
420 W MAIN ST
ASPEN, CO 81611
CROWLEY SUE MITCHELL
409 S GREENWOOD AVE
COLUMBIA, MO 65203
DEROSE VINCENT
1209 N 14TH AVE
MELROSE PARK, IL 60160
GOLD RANDAL S
EPSTEIN GILBERT AND MOLLIE
PO BOX 9813
ASPEN, CO 81612
HOPP ROSALIND
HOPP CLEMENT A JR AS JOINT
TENANTS
107 S WARBLER LN
SARASOTA, FL 34236
ALH HOLDING COMPANY GUNNISON
A COLORADO CORPORATION
435 W MAIN ST
ASPEN. CO 81611
BARTON META PACKARD
6507 MONTROSE AVE
BALTIMORE, MD 21212
BLONIARZ JOHN W & DONNAL
1839 N ORLEANS ST
CHICAGO, IL 60614
BROWDE DAVID A
176 BROADWAY STE 7A
NEW YORK, NY 10038
CITY OF ASPEN
130 S GALENA ST
ASPEN. CO 81611
CONDER CANDIDA E
19816 GRAND VIEW DR
TOPANGA. CA 90290-3314
CRUSIUS FRANKLIN G
CRUSIUS MARGARET J
5855 MIDNIGHT PASS RD APT 507
SARASOTA, FL 34242
FLECK KATHRYN
27 N MOORE
TOWER B
NEW YORK, NY 10013
GOLDENBERG STEPHEN R & CHERYL J
430 W HOPKINS AVE
ASPEN, CO 81611
HUGGIN H SCOTT
205 S MILL ST #3
ASPEN, CO 81611
.
.
ILGEN EILEEN L & JACK 0 & ELOISE
ILGEN IN JOINT TENANCY
518 W MAIN ST
ASPEN. CO 81611
JOHNSTON DANIEL R & MARGARET S
2018 PHALAROPE
COSTA MESA, CA 92626
KEIM JAMES T
PEITZ H QUINN JR
17550 BAR X RD
COLORADO SPRINGS, CO 80908-1500
MARCUS RENEE A
432 W HOPKINS
ASPEN, CO 81611
MCDONALD FAMILY TRUST
MCDONALD W SCOTT & CAROLINE
TRUSTEES
320 W MAIN ST
ASPEN, CO 81611-1614
PATERSON CHARLES G
500 W HOPKINS
ASPEN, CO 81611
PRICE DOUGLAS LAND VALERIE
8611 MELWOOD RD
BETHESDA, MD 20817
RISCOR INC
200 CRESCENT CT STE 1320
DALLAS. TX 75201
ROSENTHAL DIANNE
PO BOX 10043
ASPEN, CO 81612-7311
SCOTT MARY HUGH
C/O RUSSELL SCOTT III & CO LLC
38 SUNSET DR
ENGLEWOOD, CO 80110
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JACOBY FAMILY L TO PARTNERSHIP
CASPER J JACOBY III
PO BOX 248
ALTON. IL 62002
KARP MICHAEL
3418 SANSOM ST
PHILADELPHIA, PA 19102
KENDIG ROBERT E
KENDIG MARILYN SUE
450 S GALENA ST STE 202A
ASPEN, CO 81611
MARTEN RANDOLPH
129 MARTEN ST
MONDOVI, Wl 54755
MCDONALD FAMILY TRUST
320 W MAIN ST
ASPEN, CO 81611
PEITZ H QUINN JR
KEIM JAMES T
17550 BAR X RD
COLORADO SPRINGS, CO 80908-1500
RANKIN CONSULTING LLC
336 VINE ST
ASPEN, CO 81611
RIVA PARTNERS LP
1717 MAIN ST STE 5200
DALLAS, TX 75201
SAMIOS CAROLE
SAMIOS NICHOLAS A
POBOX 867
WESTMINSTER, MD 21158
SEALS JOHN R & CAROLYN
4410 MEDICAL DR #400
SAN ANTONIO, TX 78229
.~
JACOBY FAMILY LTO PARTNERSHIP
CASPER J JACOBY III GEN PARTNER
PO BOX 248
ALTON, IL 62002
KASPAR THERESA DOSS
PO BOX 1637
ASPEN, CO 81612
MAC DONALD BETTE S TRUST
15 BLACKMER RD
ENGLEWOOD, CO 80110
MARTIN SCOTT M
C/O PARAMOUNT PICTURES
5555 MELROSE AVE
HOLLYWOOD, CA 90038
MOUNTAIN STATES COMMUNICATIONS
INC
PO BOX E
ASPEN, CO 81612
PRICE DOUGLAS
8611 MELWOOD
BETHESDA, MD 20817
RICKEL DAVID
8324 BROODSIDE RD
ELKINS PARK, PA 19027
ROGERS REGINA
6 WOOD ACRES RD
GLEN HEAD, NY 11545
SCOTT MARY HUGH
C/O RUSSELL SCOTT III & CO LLC
7000 E BELLVIEW AVE STE 120
ENGLEWOOD, CO 80111
SHEEHAN WlLLlAM J AND
SHEEHAN NANCY E
10 GOLF VIEW LN
FRANKFORT, IL 60423
,
.
SHERWIN KITTY P & WALTER J 8.2%
INT
7017 ARANDALE RD
BETHESDA, MD 20817-4701
SLGVITER DAVID
SLOVITER ROSALIE
1358 ROBINHOOD RD
MEADOWBROOK, PA 19046
STASPEN LIMITED PARTNERSHIP
C/O JOHN STATON
191 PEACHTREE STREET SUITE 4900
ATLANTA, GA 30303-1763
TAD PROPERTIES L TD LIABILITY CO
PO BOX 9978
ASPEN, CO 81612
THALBERG KATHARINE
221 E MAIN ST
ASPEN, CO 81611
TWIN COASTS L TD
110 WEST C ST STE 1901
SAN DIEGO, CA 92101
WOLOFSKY MOIRA 50% INT
129 CLARENDON AVE
PALM BEACH, FL 33480
1"".
SILVERSTEIN PHILIP
SILVERSTEIN ROSALYN
25 KNOLLS CRESCENT.
BRONX, NY 10463
SLOVITER DAVID
SLOVITER ROSALIE
1358 ROBINHOOD RD
MEADOWBROOK, PA 19046
STRANDBERG JOHN J & JANE T
2510 GRAND AVE APT 2403
KANSAS CITY, MO 64108
TAD PROPERTIES L TD LLC
TOWNE CENTRE PROPERTIES LLC
323 W MAIN ST STE 301
ASPEN, CO 81611
TORNARE RENE
308 W HOPKINS AVE
ASPEN. CO 81611
ULLR COMMONS DEVELOPMENT CORP
75 S THIRD ST
CARBONDALE, CO 81623
YOUNG PAUL III
13355 NOEL RD LB 28
DALLAS, TX 75240
~.
SIMON LOUIS & EILEEN
1576 CLOVERLY LN
RYDAL, PA 19046
SLOVITOR DAVID AND ELAINE
1358 ROBIN HOOD RD
MEADOWBROOK, PN 19046
STRANDBERG JOHN J & JANE T
2510 GRAND AVE APT 2403
KANSAS CITY, MO 64108
TEMPKINS HARRY
TEMPKINS VIVIAN
420 LINCOLN RD STE 258
MIAMI BEACH, FL 33139
TORNARE RENE
308 W HOPKINS AVE
ASPEN, CO 81611
WHYTE RUTH
PO BOX 202
ASPEN, CO 81612
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ASPENIPI1'KIN
COMMUNITY DEVELOPMENT DEPARTMENT
Agreement for Pavment ofCitv Of Aspen Development Application Fees
CITYOFASPEN(hereinafterCITY)and \\L,\\ \l-o\&,'N..~ \ C"~"""h ~
(hereinafter APPLICANT) AGREE AS FOLLOWS:
1.
APPLICANT has submitted to CITY an appli<;.ation for
G,~,~,^",\ \l~ p...~v41'^"t..9.
(hereinafter, THE PROJECn.
2. APPLICANT understands and agrees that City of Aspen Ordinance No. 45 (Series of 1999)
establishes a fee structure for Land Use applications and the payment of ail processing fees is a condition precedent
to a determination of application completeness.
3. APPLICANT and CITY agree that because of the size, nature or scope of the proposed project, it
is not possible at this time to ascertain the fuil extent of the costs involved in processing the application.
APPLICANT and CITY further agree that it is in the interest of the parties that APPLICANT make payment of an
initial. deposit and to thereafter permit additional costs to be billed to APPLICANT on a monthly basis.
APPLICANT agrees .additional costs may accrue foilowing their hearings and/or approvals. APPLICANT agrees he
will be benefited by retaining greater cash liquidity and will make additional payments upon notification by the
CITY when they are necessary as costs are incurred. CITY agrees it will be benefited through the greater certainty
of recovering its fuil costs to process APPLICANT'S application.
4. CITY and APPLICANT further agree that it is impracticable for CITY staff to complete
processing or present sufficient information to the Planning Commission and/or City Council to enable the Planning
Commission and/or City Council to make legaily required fmdings for project consideration, unless current biilings
are paid in fuil prior to decision.
5. Therefore, APPLICANT agrees that in consideration of the CITY's waiver of its right to coilect
fuil fees prior to a. determination of application completeness, APPLICANT shail pay an initial deposit in the
amount of S \ \ , <::> which is for 10 hours' of Community Development staff time, and if actual
recorded costs exceed the initial deposit, APPLICANT shail pay additional monthly billings to CITY to reimburse
the CITY for the processing of the application mentioned above, including post approval review, Such periodic
payments shail be made within 30 days of the billing date. APPLICANT further agrees that failure to pay such
accrued costs shail be grounds for suspension of processing, and in no case will building permits be issued until ail
costs associated with case processing have been paid.
CITY OF ASPEN
APPLICANT
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Julie Ann Woods
Community Development Director
B"~~
Date: \ LO\ ()<;:)
Mailing Address:
435 f 1J1"."" sf-
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gilsuppo rt\formslagrpayas.doc
1212i/99
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