HomeMy WebLinkAboutcoa.lu.sp.675 E Durant Ave.A45-93
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CASELOAD SUMMARY SHEET
City of Aspen
DATE RECEIVEq: 08/30/93
DATE COMPLETE: crt J,," 3
PROJECT NAME: Little Nell
SPA'Plan & GMOS Exemption
Project Address: 675 E. Durant st.
Legal Address: Block 1. Little Nell SPA
PARCEL ID AND CASE NO.
2737-182-50-101 A45-93
STAFF MEMBER: LL
IShlomo's) Insubstantial Amendment
to
APPLICANT: Little Nell Hotel. Eric Calderon
Applicant Address: 675 E. Durant
REPRESENTATIVE: Bob Schiller. Cottle Gravbeal & Yaw
Representative Address/Phone: 510 E. Hvman
Aspen. CO 81611 925-2867
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FEES: PLANNING
ENGINEER
HOUSING
ENV. HEALTH
TOTAL
$ 207.00
$
$
$ 55.00
$ 262.00
# APPS RECEIVED
# PLATS RECEIVED
3
2
TYPE OF APPLICATION: STAFF APPROVAL:-X- 1 STEP:
2 STEP:
P&Z Meeting Date
PUBLIC HEARING: YES
VESTED RIGHTS: YES
NO
NO
CC Meeting Date
PUBLIC HEARING: YES
VESTED RIGHTS: YES
NO
NO
DRC Meeting Date
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REFERRALS:
City Attorney Parks Dept. School District
A City Engineer Bldg Inspector Rocky Mtn NatGas
Housing Dir. Fire Marshal CDOT
Aspen Water Holy Cross Clean Air Board
City Electric Mtn. Bell Open Space Board
.:><" Envir . HI th, ACSD Other
~~ Zoning Energy Center Other
~~:~-~~~~~~~~~~~---------~:~:::~~~~--~--------~~~~--~~~--
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FINAL ROUTING: DATE ROUTED:~"l<g' INITIAL:~
___ CitY.Atty ___ City Enginee~r Zoning~, ,_,nv. H~lth r~()1 (i
___ Hous~ng ___ Open Space Other: ~~ 0l,Jt2:.r::...: L Y /I
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FILE STATUS AND LOCATION: 1 ' '
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MEMORANDUM
TO:
Bill Drueding, zoning Officer
FROM:
Leslie Lamont, Planner
RE:
Shlomo's Restaurant Expansion
Amendment and GMQS Exemption
Insubstantial Plat
DATE:
September 24, 1993
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SUMMARY: The applicant seeks to amend the Little Nell Final SPA
Plan to enlarge the existing restaurant by 220 square feet.
ZONING: Commercial Core (CC) with SPA Overlay
APPLICANT: Aspen Ski Company, as represented by Bob Schiller
REFERRAL COMMENTS: Please see attached referral comments.
STAFF COMMENTS: The applicant proposes to enclose approximately
220 sq. ft. of outdoor area beneath an existing deck off of
Shlomo's Restaurant. The enclosure will enlarge the restaurant.
This proposal represents an insubstantial amendment to the SPA plan
and a GMQS Exemption by the Planning Director to add less than 250
sq. ft. of net leasable commercial space.
A. InSUbstantial Amendment - Pursuant to Section 24-7-804 E. an
insubstantial amendment of an approved SPA plan may be authorized
by the Planning Director provided that the amendment does not:
a. change the use or character of the development;
RESPONSE: The character of the Little Nell SPA is tourist/guest,
with a ski orientation. Commercial/retail space is included in
the SPA plan. The .character and use of the enclosed space will
remain restaurant oriented.
b. increase by greater than 3% the overall coverage of
structures on the land;
RESPONSE: The patio enclosure is below an existing deck and
therefore does not increase the site coverage.
c. substantially increase trip generation rates of the
proposed development, or the demand for pUblic facilities;
RESPONSE: The space to be enclosed has functioned as a
prep/serving area for outside restaurant service. Enclosing this
area will not increase trip generation rate or place a greater
demand on public facilities.
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d. reduce by greater than 3% the approved open space;
RESPONSE: This space does not meet the definition of open space.
e. reduce by greater than 1% the off-street parking and
loading space;
RESPONSE: This enclosure does not decrease off-street parking or
loading space.
f. reduce in required pavement widths or rights-of-way for
streets and easements;
RESPONSE: The proposal will not affect pavement widths or rights-
of-way for streets and easements.
g. increase greater than 2% the approved gross leasable floor
area of commercial buildings;
RESPONSE: The enclosure of the outdoor area represents an increase
in net leasable and floor area. The 220 sq. ft. equals 1.3% of the
approved gross leasable floor area (16,355 sq. ft.) according to
the information submitted by the applicant and staff's records.
Research of the Little Nell SPA final plan has confirmed that the
allowable floor area for the Little Nell Hotel, for development in
the commercial Core zone district, is 86,248 sq. ft. The total
floor area that was built is 84,522 sq. ft. Thus 1,726 sq. ft. of
floor area was left over for future development.
The approval of the ATM machine for the Hunter street courtyard
used 44 sq. ft. of floor area, the Little Nell bar enclosure used
507 sq. ft. which left 1,175 sq. ft. of floor area for future
development.
Plans submitted by the applicant indicate that original floor area
calculations for the hotel did not include the area beneath the
second floor balcony. Therefore" this propo~a.+ for 220 sq. ft.
reduces the available floor area to . 9 sq. ft. for
addition/expansion purposes. . """ ~~S ~+
i. create a change which is inconsistent with a condition or
representation of the project's original approval or which
requires granting of a further variation from the project's
approved use or dimensional requirements;
RESPONSE: The approved use of this space is not changing it only
increases the interior of the restaurant. Although the Little Nell
Hotel was developed through the GMP process, and impacts of growth
were mitigated at the time, employee mitigation is required for the
expansion.
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B. GMQS Exemption - Pursuant to section 24-8-104 (A), the Planning
Director may exempt an expansion of commerical or office uses
provided the expansion is not more than 250 net leasable sq. ft.
and it is demonstrated that the expansion will have minimal impact
to the city. A determination of minimal impact shall require:
1. demonstration that a minimal number of additional employees
will be generated by the expansion and that employee housing will
be provided for the additional employees generated;
RESPONSE: Because the enclosure is considered an increase in net
leasable, employee housing mitigation is required. Pursuant to
section 24-8-104.F, the employee generation rate in the CC zone
district is 3.25 - 5.25 employees/1,000 of net leasable and 60% of
the employees generated shall be mitigated. Because Shlomo's is
a restaurant it is expected to generate employees at the high end
of this range (5.25). It is also assumed that the typical
restaurant employee falls within the category 1 and 2 income range.
The average between categories 1 and 2 cash-in-lieu was used to
determine the cash-in-lieu payment:
220 sq. ft. net leasable = 1.15 employees generated
60% = .693 employees to be mitigated
$60,OOO/employee = $41,580 cash-in-lieu
Submitted ,plans indicate that the interior stair is being
eliminated and an exterior stair will provide access to the second
floor. The second floor is being converted to primarily conference
space for the hotel and will discontinue as restaurant space.
Elimination of the ~tair will provide more seating space on both
the first and second floors.
The space that is being enclosed represents an area that for many
years has functioned as net leasable restaurant space, a wait
station and outdoor bar have occupied this space in the past. In
addition, by relocating the bar space more seating is provided at
the west side qf the restaurant.
2. A minimal amount of additional parking spaces will be demanded
by the expansion and that parking will be provided;
RESPONSE: Based upon the underlying zoning, Commercial Core, the
Little Nell was originally required to provide 77 off-street
parking spaces. The SPA agreement approved a total of 118 spaces.
Staff made a site visit in August of 1993 to inventory the number
of useable parking spaces in the Little Nell garage. Staff found
that of the 148 mapped spaces only 118 were considered legal
spaces, 30 spaces were either blocked or cluttered with material
or were never legal/functioning spaces. Some of those spaces were
proposed to be enclosed for storage. Given the proposal to enclose
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some spaces for storage and the pending Shlomo application (.44
spaces required) staff, in August, required that one space be
replaced when the storage space was created. Also to mitigate for
both the new storage space and the Shlomo expansion, two more
spaces were to be cleared for parking purposes.
The total number of spaces provided in the garage shall be 118.
Any future net leasable expansions or increased storage plans shall
require additional parking spaces or cash-in-lieu payment for
additional parking required.
3. That there will be minimal visual impact on the neighborhood
from the expansion; and
RESPONSE: The proposed expansion encloses an area that is
underneath the second floor balcony. The visual change is
insignificant to the facade of the building. The exterior stair
is proposed at the east end of the second floor balcony and will
not interfere with circulation on the outdoor patio.
4. That minimal demand will De placed on the city's public
facilities from the expansion.
RESPONSE: The expansion does not represent an increase in space
that will impact public facilities. Employee and parking impacts
due to the expanded service area are required to be mitigated.
RECOMMENDATION: Staff recommends approval of the
amendment and GMQS Exemption to add 220 net leasable
Shlomo's restaurant with the following conditions:
SPA plan
sq. ft. to
1. The enclosure shall total no more than 220 sq. ft.
2. Prior to the issuance of any building permits, the applicant
shall make a one time cash-in-lieu payment of $41,580 for employee
mitigation payable to the Aspen/pitkin County Housing Authority.
In the alternative, the applicant may deed restrict a studio unit
within the metro area.
3. The Aspen Ski Company has 180 days from final approval by the
Planning Director to file an amended plat. The plat shall include
the new exterior stair and the new enclosed space.
4. Prior to the issuance of any building permits staff shall
inspect the parking garage to confirm that 118 spaces are provided
for off-street parking.
5. All representations made in this application and during site
visits shall be adhered to.
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I hereby approve of the insubstantial amendment
to the final development of the Little Nell
SPA and the GMQS Exemption pursuant to Sections
-7-S04 a~104 A. 1~e Municipal Code
Moore, City Plannil~ Director
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MEKORANDUM
TO:
Leslie Lamont, Planning Office
FROM:
Cindy Christensen, Housing Office
Dave Tolen, Housing Office
DATE:
september 22, 1993
RE:
SHLOMO'S RESTAURANT EXPANSION
Section 8-106.F(3)b. (ii) of the City of Aspen Land Use Code
requires mitigation for 60% of the employee generation according to
the following standard:
Commercial Core (CC) and
commercial (C-1):
3.50 to 5.25 employees / 1,000
sq. ft. (net leasable), based
on review of the city Council's
housing designee.
The existing restaurant use would be expected to generate employees
at the high end of this range, or 5.25 per 1,000 square feet. The
proposed expansion of 220 net leasable square feet would therefore
generate 5.25 / 1,000 X 220 = 1.155 employees. Assuming that such
an expansion might accommodate, for instance, three additional
dining tables and require just over one additional full time person
to wait tables, bus tables, seat customers, etc., the 1.155
calculation seems reasonable. The required mitigation is 60% of
the full-time equivalents (FTE'S) generated, or .693.
It is assumed that the typical restaurant employee will fall within
the Category 1 and Category 2 income ranges established by the
Housing Guidelines. It would, therefore, be appropriate for the
development to provide mitigation at this level. This mitigation
may be provided in the form of housing units deed restricted to the
Category 1 or 2 levels, sufficient to provide housing for .693
employee, or in the form of a cash-in-lieu payment calculated as
follows:
Category 1 payment/employee
Category 2 payment/employee
$69,000
$51,000
$60,000
$41,580
Average
Payment = $60,000 X .693 FTE's =
The payment-in-lieu amounts are established in the Housing
Guidelines, and are based on the public subsidy required to develop
housing affordable to category 1 and category 2 employees.
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MEMORANDUM
SEP
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To:
Planning office
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From: Environmental Health Department
Date: September 8, 1993
Re: Little Nell Insubstantial Amendment to SPA Plan and GMQS
exemption
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The Aspen/Pitkin Environmental Health Department has reviewed the
above-mentioned land use submittal under authority of the Pitkin
county Code, Title II, and has the following comments.
SEWAGE TREATMENT AND COLLECTION: Sections 2-7 and 5-200:
Applicant is in Aspen Consolidated Sanitation District.
ADEOUATE PROVISIONS FOR WATER NEEDS: sections 2-6 and 5-205:
Applicant is in Aspen Water District.
AIR OUALITY: sections 2-17 and 5-106:
This project is npt expected to contribute significantly to air
quality degradation.
CONFORMANCE WITH OTHER ENVIRONMENTAL HEALTH LAWS: section 2-2
Applicant will need to submit to this department a Plan Review for
additions to and remodeling ,of the existing restaurant before a
building permit can be issued.
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MEMORANDUM
To: Leslie Lamont, Senior Planner
From:
Chuck Roth, City Engineer (l1C-.
September 14, 1993
Date:
Re:
Little Nell Insubstantial Amendment to SPA Plan and GMQS Amendment
Having reviewed the ahove referenced application, the Engineering Department has the
following comments:
]. The proposed 200 square foot improvement has no engineering related impacts.
2. Upon completion of the work, but prior to final inspection, the applicant shall submit
a revised plat to the Engineering Department for review and recordation.
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ATrAC1IMENr 1
,1""'\ IAN!) USE APPUCl\TI<N ~ 1""'\
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_ Spec;"" Review
Final SPA
Final Historic Dev.
8040 Greenl.ine
Minor Historic D:..->V.
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Descri.pti.on of ~ Uses (r'nnt.....r arrl t;ype of ex:ist:ing' st:!:ucbJres;
applXlXimate sq. ft.; J'W",y.,p'(" of J..,.,J;U,AA=; any pz:ev:ious app:rovals granted to the
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10) Have you attache:i the foll=ing?
~ Response to AttaJ.wdlt 2, Mi,ninr.Jm Snhni-=ion O:xrt:errt:s
...... Response to Attachment 3, Specific Snhn; -=ion O:xrt:errt:s
.,/ Response to Attachment 4, Revie'o'starrlards for Ya.tr Awlication
.
COTTLE
GRAYBEAL
YAW
ARCHITECTS
LID
JOHN COTTLE, AlA
DOUG GRAYBEAL, AlA
LARRY YAw, AlA
MARK HENTHORN. AlA
510 EAST HYMAK SLiITI 2\
ASPEN. COLORADO 81611
PHONE303!925-2867
FAX303/925-3?36
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Insubstantial Amendment to Approved SPA Plan
Little Nell Hotel, August 31, 1993
Schlomo's Restaurant Remodel
Submission Contents
"Attachment 2"
1 , A letter is attached identifying the applicant and authorizing Bob Schiller
of Cottle Graybeal Yaw Architects, Ltd. to act as representative in this
application.
2, The project is located in the Little Nell Hotel, 675 East Durant, Aspen, Lot
1, Block 1 of the Little Nell S,P.A.
3. A letter is attached disclosing the ownership of the property and
demonstrating the owners rightto apply for this approval.
4. A vicinity map is attached.
5. Description of the proposal and explanation of compliance;
In order to enhance the operation of the existing restaurant and to
eliminate the need for a temporary outside bar cart Owner proposes to
remodel the restaurant. Work includes replacing the existing interior stair
with an exterior stair, enclosing space beneath the existing upper level
deck and creating a new indoor bar with windows for serving patrons
outdoors,
The proposed alterations are in compliance with the Review Standards for
Insubstantial Amendment as follows:
a. The remodel does not constitute a change in use or character of
the development.
b. The remodel does not increase overall coverage of structures on
the land since it occurs in, on and below existing structure.
c. The remodel does not substantially alter trip generation or demand
for public facilities since it occurs within the already approved
space and excess square footage.
d.
The remodel does not reduce the approved open space.
The remodel does not reduce the existing off-street parking and
loading space.
e,
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Submission Contents
"Attachment 2" (cont'd,)
f, The remodel does not reduce required pavement widths, right-of-
way or easements.
g, The remodel constitutes an increase of less than 2% in the
approved gross leasable floor area (220 .;. 16,355 = 1.3%).
h, The remodel does not change the approved residential density of
the project.
i. The proposed remodel is oonsistent with the representations and
conditions of the project's original approval and does not constitute
a variation from approved use or dimensional requirements.
"Attachment 3"
1. Written Description: Owner proposes to remodel the existing restaurant
including enclosing the area beneath an existing deck. The increase in
enclosed floor area falls within the 1,175 square foot left over for future
development. The increase in net leasable area is 220 square feet which
equals 1.3% of the approved net leasable area (16,355 square feet).
Because the newly enclosed space occurs on an existing deck built over
other spaces and is roofed by an existing upper level deck it does not
change the lot coverage or open space of the site. The exterior of the
remodeled space is designed to match the existing building in materials,
detailing and type of construction. The remodel does not result in a
change of use or occupancy for the project. The remodel does not reduce
available parking spaces or cause the parking requirement for the Hotel
to exceed the available off street (underground) parking.
2, Site plan drawings/elevations: A plan and elevation are attached showing
the proposed alterations,
3. A copy of the memorandum prepared by Planning for the most recent prior
approval on this project is attached to explain the state of prior approvals.
4. A copy of the current plat map is attached, with the proposed alteration
marked in red.
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MEMORANDUM
TO:
Bill Drueding, Zoning Officer
FROM:
Leslie Lamont, Planner
RE:
Little Nell Insubstantial Plat Amendment for Expansion
of Bar Area
DATE:
september 30, 1992
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SUMMARY: The applicant seeks to amend the Little Nell Final SPA
Plan to enlarge the existing bar area by 507 square feet and
convert parking spaces into storage.
ZONING: Commercial Core (CC) with SPA overlay
REFERRAL COMMENTS:
Having reviewed the above referenced application, and having made
a site inspection, the engineering department has the following
comments:
1. The application did not contain sufficient detail regarding
the enclosure, i.e. providing permanent heaters, lights and
outlets. In reviewing this application staff has considered
the enclosure as an increase to net leasable space. with an
increase in net leasable space, parking spaces and the trash
area must be reviewed.
From a parking space count in April of 1988, staff determined
there were 144 spaces (note that there were two questionable
spaces with respect to size and design). The SPA precise plan
calls for 118 spaces, therefore parking spaces are not an
issue.
The trash area appears to be sufficient to handle the existing
use and any increase that might be derived from the new space.
Should there become a problem in the future the applicant will
be required to increase its removal times.
2. ,Upon completion of the work, but prior to a final inspection,
the applicant must submit a revised plat to the engineering
department for review and recordation.
STAFF COMMENTS: The applicant proposes to enclose approximately
507 square feet of outdoor seating area of the Little Nell Hotel.
The enclosure will enlarge the seating area for the bar in the
Hotel.
The applicant also seeks to convert some parking spaces in the
underground, parking garage for desperately needed storage.
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THE LITTLE NELL
August 27, 1993
Aspen/Pitkin Regional Planning:Department
Aspen, CO
This will verify that:
Cottle, Graybeal, Yaw, Architects
210 Est Galena street
Aspen, Colorado, 81611.
303/925-2867
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is the representative authorized to act on behalf of
The ittle Nell, which includes Shlomo's restaurant.
Eric Calderon
General Manager
675 EAST DURANT STREET. ASPEN, COLORADO 81611 . 303-920-4600 . FAX 303-920-4670
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ISAACSON, ROSENBAUM, WOODS &. LBVY. P.C.
ATrQRNlYS .. COUNSELORS AT LAW
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AUgus~ 21, 1993
Aspen/Pitkin Regional Piannin; Departmen~
Aspen, Colorac!o
Rei Shlolllos Relllodel
permit Application
Ladies r. Gentlaen I
As attorneys on behalf of Aspen Skiing COlllpany, we are
writing this letter to confirm certain information pertaining to
the ownerShip and stat~. of title ot the property known .s
Sb1011l0s Restaurant/Deli, for purpo." ot havinq you issue a
permit for certain r8lllodalin9 at Ihlomos. Sh1olllos b part of the
~ittle .ell Hotel and Retail c01Ilplex in Asp.n, ColoradO (the
n~ittl. Nell"), havin; a 189a1 description of Lots 1 .nd 2,
LITTLB NILL SUBDIVISION, aceordinq to the Plat thereOf tiled
January 30, 1987, in Plat Book 19 .t paqe 35 of the reoord. ot
the Clerk a.nd aeoorder for Pitkin County, Colora40, which leqal
d.soription i. listed a. ~ittle Nell Hotel Parcel A on the
.ttachedexcerpt. fr01ll the Title Polioy dated April 28, 1993 (..e
enclo.ed page 103) (the IITJ.tle Policy"). Aepen Skiing c01Ilpany ia
, the .ole owner of th. ~ittl. Nell. Th. only lend.ers havinq a
Uen .qain.t the real' property are Tbe prudential In.uranoe
COlllpany ot Am.ric. and pirat Pl..a Group Trust, as retlected 1n
ita 7 Of the enclo.ed peg- 10$ of the '1'itle Polioy. '1'0 the best
of our knowledq., th8 only recorded ......nt. and. other
enc1.Ullklranc.s anecUn; t.he t.i tn. Nell are the ita. .et. forth
ae ita. 153 through 170 of the Title Polloy appearing on the
enc10.ea paqes 149 ,through 151. '1'0 the best of our knowledge,
neither the loana nor the enowal:lranoe. prohibit the 111lprove1llents
intended to be made in acoordanoe with the permit.
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ISAACSON, ROSENBAUM, WOODS & LEVY. P.C.
Asp.n/pitkin Re;ional Plannlnq Department
AUCJWlt 27, 1993
page 2
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It you h<<ve any .furth.Z' qu..Uona, pl.... .reel t:zoee to
contact the und.rll;ned at (303) 29.-5656.
Vrry "'1, """4
L~.tonOYan, ,Jr.
LJD
Enclosurea
co: Ms. Jane Stapleton (v/ano..)
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'. TICOR TITLE INSURANce
06 3048 60 1
Policy of Title Insurance
Amerleln Land
TItle ,t.l8Oclltion
Owner'. PoliCy
{4-8-90)
SUBJeCT TO THE EXCLUSIONS FROM
COVERAO!!, THli eXCEPTIOMS COHo
TAINED IN SCHEDULE B AND THE PROVI.
SIONS OF THE CONDITIOi'll AND STIPULA-
TIONS, TlCOR TITLE INSURANCE COM-
'PANY, a California corporation, h8fein called
the Company, InluTet. IUI of Date of Polley
shown In SChsdule A. agalnlt lelSe or damage.
, not exceeding IlIe amount or Illsuralice alated
in Schedule A, sUltain,ed or inourred by the
Inlured by reason of: '
" Title to the .stata or Interest Clescribed in
Sohedule Ablin; vested other than as
etated therein;
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ISSlJED BY:
ASPEN TITLE CORPORATION
600 E. Hopkins Avenue, *
Aspen, CO 81611
(303) 920-4050
By
2. Any defect In or II~n or encumbrance en the
title;
3. Unmarketablllty of the title,
4. Laok of a right 01 access to and Irom tht
land.
TM Company will also pay the costs,
altorneya' fees and expen.ts Incurred in
defenee of the tltle, as Insured, but only to the
.elltent provided In the Concltlons and
Stlpul.tlons.,
This policy shall not be vslid or binding until
countersigned billow by an authorized algna.
tory of the Company,
102
TICOF4 TITLE INSURANCE COMPANY
1;-4~,(~&
'?~'tiU
AII..t
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Authorlz~ SlgnalOry
Preiidenl
Sec:retary
I ~!~w!!~!fc~~~)fD 1r/!!!)f,!I.I!IIlfWROfDlI,HUllIJlW !IIlfUl!lll Gillig 11)11 1Ul1l...lle dDfIlIJIIU.IJ
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HUG 2;'7 "93 16: 42 LSHr-4CSOI'1 ::'::I,)SE;'jBHur'1 ':'Ei"j\/(R
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~ollt:y No. 06 3048 60
Oralll" No. 402410-0
SOlEDII.E A Cc:ontlnuedl
llTn" NEll HrnL PARttl S
L rrn-E NELL HO'Tn PARn:'! As
l.ots 1 IInd 2, l.1TT1..E NELl. SI.S01VIS10N, accordlllg to the Plllt thel"eoffll&d
Jllnullry 30, 1987, In Plllt Book 19 at Pose 35 Qf the re<:crds In the offl~ of
tne Clerk IInd Recorder for Pitkin County, Colorado,
TOGE'IliER WITH the rlent of the Improvements loeated On said l.ots I and 2,
l.lttle Nell Subdivision, to encroach Into the Spring Street rlghfooOf-way, as
grenteel by th et ~rtel n Encroachment Agreement between. the City ot Aspen,
PitkIn County, Coloraelo'lInG Alpen Skiing Compeny recorded November 14, 1989, In
Book 607 11'1' Pllge 441,
HolD TCGEiHER W I'lli en easement end .r ISht of WIly for lIoons 1'0 end milt ntenanoe of
the foundation we115, exterIor 'WIlII s, hClloe, . root and eaves IInd related
IIppLrtenllnC81 of tile L Ittll Nell Hotel onto portions of, lot 21, Ute AddItion to
th. City end TClfnslte of Aspen, I' eran1'ecl by Perk Trust, ltd." Ii Colorado
non-profit corporation, to Aspen Skiing Company, a Colorado senerlll
plrtner.nlp, recOrded November ", 1989, In Book 607 It PIS- 557.
LlTTLI!:' NEll HOTEL PIAn:'! ~I
Easement endr I ght of way IS .,teb II sned Ind af I ned I n, that certal n Easement
ASre8llen1' recorded Merch 26. 1979, In Book 365 It Pagl 352, said .estlllent beIng
ov.... upon .nd across I trect of Ilnd more ~artl cullrl y deSCl"' bed IS fol I ClfSI
The Ellterly one-half (EI/2) of Vllclted Hunter street, Westerly of end adJloent
to Block 102, City Ind TownsIte of Aspen, beiween the Southerl y line of OUrllnt
Aven.. Ind the Her-therty line of lot 22, U1'e Sublllvl.lon, said tract being the
Euterly ollCl"'hat f IEU2) of III that por1'lon of uid Hun'!'er Street vacated by
City Qf Aspen Ordlnlnce No.6-53, Serl.. Of 1947, reccrded "'arch 17, 1959, In
Book 187 111' page 101.
I. ,mE ~~l HO'm. ~IA~ 01
Easement end rIght of wly ae established and defIned In that certain Easement
IInd Right of Wey Asr..".nt reoorded March 21, 1974. In Bock 285 111' Page 274, IS
emendecl by Instruments record.d Novtlllber 15, 1989, In Sock 607 lit Pages '53 and
557, .ald ..sement beIng ove.., upon and across l.ot 21, Ute Addition to the City
and Townsite Qf Alpen.
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~ol icy No. 06 3048 60 1
Order No. 402410-0
SQtE'lU.E B
Exceptions froa a:wer.
This pOlicy as not Insure Igalnll1' Io&s or c1llUgIl Cancl the ec.pany wIll not
pay cos1's# ettcrneys' fees or ~nS88) whiCh III"lse by reason ofl
ALL PMCJelS
1. ~y fll<lts, rights, Interests or claims which are not si'aown by the public
records, but which could be ascertalnad by,.n InspectIon of said land or
by makIng InquIry of perions In possession thereof.
2. Easements or claims of easements, not shown by the publ lc r~ord5.
3. Discrepancies, conflicts In boundary lines, shortages In area,
encroll<lhments and any other facts whIch. correct survey would disclose
and whrch Ire not shown by the publiC records.
4. Any I len, or right to a lIen tor services, Isbar or materIal heretofore or
hereatter furnIshed, Imposed by lew and not shown by the publ Ie records.
,. Taxes due and payableJ Ind eny tax, special' assessnents, charge or lien
Imposed for Wlter or sewer service, or for any oTher specIal taxing
district.
6. ThaeffecT of lilY tellure to com'ply with the terms and provIsions of the
Leases described In Schedule A hereot.
7. DQd ot Trust, Security Agrecrrl.nt ancl Fixture Filing frQII Aspen Skiing
Canpany, II Coloredo general partnershlp~ Snowmass SkIIng Corporation, a
Colorado corporation, Buttermilk Mcun1'lIln SkiIng Corporation, II Colorado
cor~orlltlon, Aspen SkIIng Corporation, a Colorado corporation, Unit 14
Associ ate., II CoI cr.do general par1'nerSh 1 p, Inel SnowllllIs. 01 ub ASSOCiaTes,
a Color.do gener.1 partnerShIp, to the Public Trust.. of PitkIn County for
'ttleuse of The PrudentIal ,(nBlII"lInca CQltpany of AmerIca, a New Jersey
corporation, anel First Plaza Group Trult,. To secure $80,000,000.00, deted
April 28, 1993, and recorded AprIl ,28, 1993, In Book 710 at Page 167.,
8. AsIIQnmen't of LillIS anel Rents recordeel AprIl 28. 1993, In Book 710 at
Page 404, and gIven Inconn8l::tlon wIth the above Deed. of Truet.
9. Security Interest under the Uniform eanmercla' Code affecting subject
property, nottce of which Is gl....n by Financing 5tat.ent fran Aspen
Skiing Compllny, II Color-ad.o general partnerShip, Snowmllil Skiing
Corporation, a Colorado corporation, Butt.rmllk MountaIn SkIing
Corporation, I Colorado corporatIon, Aspen SkIing Corperatlon, II Coloracto
corporatIon, Snowmass Club Assocletel, a Colorado general partnership, anel
Unit 14 Asscclat... a Colorado g8n.ral partnerShIp, debtors, to Th.
Prudentllll Insurance Compeny of Amerlce and FIrst Plaza Group Trust,
..cureo partIes, recorded Aprll 28, 1993, In Book 110 aT Pege 532, and
fl18a April 28, 1993, under rll ln9 No. 356340.
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HUG 27 '33 16: 43 15AACS(if'j RJSENBRl..Jr'l DE,N[R ''",.,.....
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POlIcy No. 06 3048 60 I
Order No. 402410-0
SQiEIQ.E 8 (continued)
LiTTlE: NELL HOlE. PARts'I!';
ReservatIon, exceptIon and lImItatIon as contaIned In United States
Patent from the UnIted States for the CIty and Townsite of Aspen under
the prav Islons of the, Act' of Congress, approved On the, Second day ot
Maroh, A.D. 1867, entitled "an Act for the relief of the inhabitants of
CItIes and TClIjns, upon the public lands," recorded March 1, 1897, In Book
139 at Plge 216, and provldJng substantIally as follows:
"ProvIded, that no tItle Shall be hereby acquIred to any mine of
gold, sll\ler, cInnabar, Ol" copper,' or to any valId mInIng claIm or
possession hel d under exIstIng lawsJ and provIded further that the
grant hereby made I III hel d ,and <leclarecl .to be subject to all the
condltlons"llmltlltlons, and restrIctIons contained In SectIon 2386
of the rev I led .tatutes of the Unl ted states, ,50 fir as the 111m. are
applicable ther.to." (Affects LIttle Nell Hotel Parcels Band Cl
RIght of the ProprIetor of a Vein or 1.ocIe to eXTract and remO\l1 his ore
tneref rCll1, shou I d the Same be found to penetrate or I ntersect the
prem Is.. hereby granted, as reserved In UnIted States Patent recorded
Allgllllt 26, 19"9, In Book 175 at Page 298. (Affects Little Nell Hotel
parce I AJ
NOTE I The fcngolng exr;eptlon aff.cts thoH POI"tlons of subJect property
lying within Lot 2 of Section 18, TownshIp 10 South, Range 84 Wast of tne
6th P.M., scmetl!ll8s comncnly knewn end referred to 1& "the Ganon Entry"
or a5 "The loll ellael Gannon 'Entry No. 48". '
Easement and right of WI)' to construct, melnta!n !lnd remove llewerll,
dItches, open canals, weter pipes and 8ppur~nances, and to euthorl:. the
construction. maintenance and rlllnoval of the samey u reserved by th.
City of Aspen, Colorlldo In Ordinance No. B-'3, Series of 1947, of said
City recorded March 17, ,19'9, In ,BOQk187at Page 101., tnsohr as tile
same may aUeoi' Loot 2 of LIttle Nell Subdl\llslon. (Affects Little Nell
Hotel Parce I A)
Ellement and right of wav to construct, 1lI81ntaln and repelI' a watel"
pipeline, as granted by Spar Consolidated Mines Company, II Colora<lo
corporatIon, and Aspen Skiing CorporatIon, a Colorado corporatIon, to the
City of Aspen by Instrllllent recorded November 10, 1960, In Book 192 at
page 2;6. (Affects LIttle Ne' I Hotel Percels B and OJ
Easement and right of way for the use, operatIon, construction and
maIntenance of publIc utIlities to be placed underground and overlleag,
Including, but not exclusIvely, power linG telephone lInes, waTer Ilnl$,
IiIl1s 1Il.lns, &ewer melns ano other utIlIties ellS4Illlents of a lIke nature,
but 8xcl udlng roalls IInd surfec:e eaSlllllents. lIS reserved by the Cfty Of
Aspen, Colorado In OrdInance No. 12, Serle. of 1961, Qf said City
recorded Fabruary 16, 1962. I" Book 196 et Pege 521, Insofar lIS the Hme
lIlay effect Lot 2 of Little Nell Subdivision. (Affecta LIttle Nell Hotel
Parcel Al
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Pol Icy No. 06 3048 60 I
Or~er No. 40.2410-0
SOlEDll.E B (continued'
L.m..m NFU wtJ'1'J:1 PAA~ ~(Ctln+ln~.d):
158. T.rms, agreements, provisions and oblIgations as contained In Agreement
between JllIne, C. BI.nnlns, Jr. and As""n Ski Ins, Corporation, recorded
June 23, 1967, In Bock 2'Z1 at FaS- 465. (Affects LIttle Nell Hotel
Parcel Bl
1!19. RestrIcTions, which do contaIn a forfeiture or reverter clause, as
contaIned In Ea$efllent end RIght-of-Way Agreement between Park Trust,
Ltd., a Colorado non-profit corporetl9n, and Aspen Skiing Corporation, a
Colorado corporetlon, recorded March 21, 1974, In Book 285 It Page Z14.
es amended by r nstruments recorded Ncvtmber 1 S, 1989, I n Book 607 at
Pages 5'3 and 5'7. (Affects LIttle Ne', Hotel Parcel C)
160. Terms, cond I 1'1 ons end ob Ilgetl ons es contal ned I n Easement Agreement
betwe.n 1'1\8 CIty of Aspen end 1'/1' Aspen Ski In; Corporation, rKOrded
Mlrc:h 26, 1979, In Book 36S et Pege 3'2. (Affects Little Nell Hotel
Perce I S)
161. SPA Agreement bet...n the City of Aspen, Colorado, II munl cl pal
corporetlon and home-rule cIty, and Aspen SkiIng CQnpany, II Colorado
senerel pertnersh Ip, recorded September 5, 1986, In Book 51B at Page 464,
as .ended by the Instrument recorded Januery 30, 1987, In Book '28 It
Page B4'. (Affects Little Ne'l Hote' Perce I A)
162. Agreement btltw..n the City 01 Aspen, II munl Co pili c:orpordlon, IInd Alpen
SkIIng CQnp.ny, a Coloraclo corporation, recorded September " 1986, In
Bqok SIB at Plge ",. (Affects Llttl. Nel I Hotel Plrcel A)
163. Agreement between The Asp.n Skiing Company, II Colorado general
partnershIp, and the Olty of Aspen, II Ccl~rlldo munlclpll corporlltlon,
recorded September " 1986, In Book !liB It,PIISI "7, Ind the easements
grented pll'&uant therll'!'o end rtc:orded Septilmber " 1986, In Bod/< !liS et
Pages '20'lnd '22. (Affects Llttl. Nel I Hotel Parcel A)
164. Letter frcm the Aspen/Pitkin Plannlns OffIce dated Mllrc:/l IS , 1986,
dlrllC'te<l to Mr. Fred Smith of the AI""n SkiIng Ccmpany, and recorded
Septlll1ber 5, 1986, In ,Bod/< ',8 at Pes- '2'. (Affects LIttle Nell Hotel
Parce I A)
16'. "Use, Aree and Bulk CriterIa" .nd other I Imitations, lIS .et forth on the
~SPA Precise Plan for the Llftle Nel I 8..e Development~ fIled Septilmbar
5, 1986, In Plat Book 18 lit Peg. 99. (Affects Little Nell Hotel Parcell
A, e, C IInd D)
166. Easements as shown on the plat of Little Nell SubdIvision filed July 30,
1987, In Plet Book 19 111' Pege ", Insotar a. the seme may effect Lot 2 of
LIttle Nel I SubdivisIon. (Affects LIttle Nel I Hotel Parcel A)
150
,-AUG 27 -'93 15: 44 rSHACSGh RC)SU'IBAun DEf'~'/[K
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Pol I cy No. 06 30<lS 60 1
Order No. 402410-0
SOlEDUlE 8 (contInued)
LimE NELL HOTEl. PARt;f1 S lcon+lnUltd):
167. Declaration of CovenanTs, Ells,ements and ReSTrIctions by Aspen SkIing
Canpeny, a Colorado general parfnershlp, recorded December 9, 1985, In
Sook '80 at Page 496. (Affects Little Nell Hotel Parcel A)
HIS. OblIgations, burdens and limitations set forth In that certaIn
Encroachment AgrefilClllnt bettleen the City of Aspen and The Aspen Skiing
Canpany recorded November 14, 1989, In Book 607 at Pege 441. (Affects
Little Nel I Hotel Perce I A)
169. Obi igatlons, burdens and limItations set fa-th In the Easement llnG
R I gllt-of-Way AgrefilCllent bettle.n Park Trust, Ltd., a Colorado non-prof It
corporation, end Aspen Skiing Oorporatlon, a Colorado corporation,
recorded March 21, 1974,' In Book 285 at Page 274, llS emended by
Instruments reCOrded November ", 1989, In Book 607 llt Pllges 553 lUICl "7.
(Affects LIttle Nell Hotel Parcel A)
170. The effect of the -real estate trllnster taxes" Imposed by Ordinance No.
20 (Serl.. of 1979) Ind by Ordlnllnce No. 13 (Series of 1990) of the City
of Aspen, Colorado, anG any liens imposed thereby,llll as a result of
.sslgnments of partnerShip Interests In Aspen Skiing Compllny, e ColorBdo
corporation, and related entities on AprIl 28, 1993.
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PROJECT~
CITY OF ASPEN
-APPLICATION CONFERENCE SUMMARY
APPLICANT' S REPRESENTATIVE~ Q,/
REPRESENTATIVE'S 'PHONE~ S - ~ ~ (<l -=t-
OWNER'S NAME~ ~;V-.,. ~ C~=
, ' SUMMARY
Type of Application~ ; f\:suG." (~" +:t "SPA) f2(LLv--.
. ,,"'-..
2. ,~Describe action/t eof developmen being requested:
3..
3. Areas is which Applicant has been requested to respond,
types of reports requested:
Policy Areal
Referral Aaent
Comments
~;~!^""~ ,
.
~~~-rwl~
Revie\;1' 'is. (P&Z Only) (CC only)
4.
(P&Z then to CC)
5.
Public Hearing: (YES) ~
Number of copies of the application to be submitted: ---3
subm~t.. ~'1 +e:,\lC-cll "\/.,,
What fee was applicant requested to . ~ ~~::7 ~~
Anticipated date of submission:
COMMENTS/UNIQUE CONCERNS: ,,~
6.
7.
8.
9.
frm.pre_app