HomeMy WebLinkAboutLand Use Case.CU.307 S Spring St.035A-84
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CJ\SEI.OAD SUHMARY SIIEET
City of Aspen
PROJECT NAME:
{J~i (If r s-lv bL
tDrp'
0AA'\
I J.a.t
(30'>! f.1c( I tiS pl/f\
Ii 30 /~. ~~1 {)1 {l11\
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APPLICANT: (OY;fI-i-l1A.O-.
REPRESENTATlVE:-Ltl~j
TYPE OF APPLICATION:
I. GMP/SUBDIVISION/PUD (4 step)
----
l.
2.
3.
Conceptual Submission
Preliminary Plat
Final Plat
II. SUBDIVISION/PUD (4 step)
1. #Conceptual submission
2. Preliminary Plat
3. Final Plat
III. EXCEPTION/EXEMPTION/REZONING (2 step)
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IV.
SPECIAL REVIEW (1 step)
1. Special Review
2. Use Determination
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3.
Conditional Use
4. Other:
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CASE NO.
~o 3 5 fI~g'q
C c \..,4k-
STAFF: .
Phone: q.;tS' - '
Phone: Cf ,)-S/ 7'11 )
(FEE)
($2,730.00)
($1,640.00)
($ 820.00)
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",
($1,900.00)
($1,220.00)
($ 820.00)
P&Z MEETING DATE: ''\)J:C '- y
, CC MEETING DATE:
DATE
REFERRED: -/Op d/'?<f
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REFERRALS:
~ity Attorney
..f' City Engineer
____Housing Director
____Aspen Water Dept.
____City Electric
Environmental Hlth.'
____Aspen Consolo S.D.
____Mountain Bell
____Parks Dept.
____Holy Cross Electric
Fire Marshall
Fire Chief
FIN~OUTING:
~City Attorney ~ty
~her: -6~\I. ~~h
Engineer
Other:
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FILE STATUS AND LOCATION. '.1 ~,(j
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____School District
~Rocky Mtn. Natural Gas
State Hwy Dept. (Glenwood)
State Hwy Dept. (Grd. Jctn)
../ Building Dept. '20 ^ ;:J - ,.,,'1 '
Other:
DATE ROUTED:
~ilding
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Dept.
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Ordinance No.
CITY P&Z REVIEW:
CITY COUNCIL REVIEW:
Ordinance No.
CITY P&Z REVIEW:
CITY COUNCIL REVIEW:
Ordinance No.
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MEMORANDUM
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TO:
Aspen Planning and Zoning Commission
FROI1:
Colette Penne, Planning Office
RE: Weinerstube Restaurant - Conditional Use
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DATE:
December 4, 1984
--------------------------------------.-----------------------------
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ZONING:
307 South Spring Street
(old Post Office Building)
C-l
LOCATION:
APPLICANT'S REQUEST:
The applicant is requesting Conditional Use approval to operate a
restaurant in a portion (3500 s.f.) of the old Post Office building at
307 South Spring Street, in the C-l zone.
PLANNING OFFICE RF.VIEW:
The intention of the C-l zone is "to provide for the establishment of
commercial uses which are not primarily oriented towards serving the
tourist population." The Weinerstube Restaurant has operated in its
present location for 19 years and serves a clientele which is primarily
local. Their present lease expires on April 30, 1985 and they would
like to relocate to occupy 3500 s.f. in the Old Post Office building
at 307 South Spring Street.
After the Post Office moved to its location on Puppy Smith Street, the
space was occupied most recently by Sumo's Japanese Restaurant, I~hich
occupied the entire space. That operation ceased over one (1) year
ago and therefore any nel1 restaurant use requires a new condi tional
use permit.
The operation of the weinerstube in the new location would be the same
as in the present location. Hours of operation will be 7:00 A.M. Idth
a maximum closing time of 10: 00 P. H. The restaurant ~lill be open year
round, six (6) days a week.
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Capa ci ty of th e spa ce wi 11 be appro ximately 100 peopl e. Ten off-
street parking spaces 11ill be provided on the south side of the building.
The Planning Office feels that the l'leinerstube is just the sort of
operation that fits the intention statement of the C-l zone. It has a
substantial local following and is not primarily oriented to serve the
tourist population. It will likely generate traffic and on-street
parking, but certainly not more than the Post Office use. Since
breakfast and lunch have been the restaurant's primary focus in
their current location, we would anticipate these to be the busiest
times in the new location. Abetone, whi ch is across the street, is
only an evening operation so there will be no day-time conflicts from
that proximity. SLUnO'S operated on an evening schedule which I~ould
have indicated more possible neighborhood impacts because of the same
schedule as Abetone. No complaints were received according to the
Building Department, but they felt that the restaurant was not being
utilized at capacity.
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PLANNING OFFICE RECOMMENDATION:
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The Planning Office recommends approval of a Conditional Use Permit
for the Weinerstube Restaurant to locate in 3500 square feet of the
Old Post Office building at 307 South Spring Street, subj ect to the
necessary permits being received from the Environmental Heal th Depart-
ment.
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APR '51985 .~
PATRICIA MOORE
610 East Hyman Avenue. Aspen. Colorado 81611 . Phone 303 925.3523
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"'''''~~'''''''!1.1Itf'O..~~$1~~l!l'::(J!'~,Jot.~~''''TPX.n~;S~ilW'-t~~-:z.:.qxt~~'';'''~%''~~'':-4_~'''.Ih~ "1'ilP"1~~~~~~:t;>K:~$!j;::;;:'~.'f..:;~..~';; ,,~,,;(,,~t::'~~"'.-'
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TO
Colette Penne, P&Z. Aspen
OATE
4-12-85
As the Wiener Stube is moving
worked since June 1964. I feel
SUBJECT
acr0SS the street frnm where I have lived
I $\ auld extend an enthusiastic welcome.
and
I have been an adnirer -f both ^"r Mayritsch and Nr Schoeffler for lt1e many
years thEY have been in the rcstaurent business in Aspen. I have found their
gardens an insoiration and have consulted with ^'r Schoeffler from time to
time about mine.
I ho"e they wi II do extensi ve cardens in thei r new location and that there
wi II be massive ou.ntities of noom fnr tables for outdoor dining. Everything
these gentlemen have done in the nast has been im"eccable and I am sure
they wi II carry through in the same manner in their new location.
Congratulati cns to the 600 b lod>: of East Hymm for having captured such
splendid neigbb0rs.
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CERTIFICATE OF MAILING
,/ I hereby certify that on this rJjRCC--a.ay of C ,j)(~ .
198~ I a tr ue and cor rect copy of the attached Noti ce of Publ ic Hearing
was deposited in the United States mail, first-class postage prepaid,
to the adj acent property owners as indicated on the attached list of
adjacent property owners which was supplied to the Plannaing Office by
the applicant in regard to the case named on the public notice.
~cy /--~
Nancy Crel! i
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BLOCK 100,CITY AND TOHNSITE OF ASPEN
S~ of LOTS A,B & C
GERALD P. & PATRICIA D. LONG
Box 1282
Aspen, Colorado 81612
N~ of LOTS A, B & C
M & B COHPANY, A Colorado Partnership
Box 1709
Aspen, Colorado 81612
LOTS D & E
LEHOS, LEHOS, CUTTS & LENOS
Boris H. & Dora L. Lemos (It)
Donald n. & Jeannie H. Lemos (It)
James A. & Karen D. Cutts (It)
Barbara S. Lemos(lt)
6635 De Longre Avenue
lIollywood, California 90028
LOTS F - I
MOUNTAIN STATES COHHUNICATIONS
George A.. Vicenzi & Hartin Flug
&, Craig Rowley
Box 2238
Aspen, Colorado 81612
LOTS K - 0
'J. MARTIN CERISE (!~) & ROBERT L.
KOPP & CO. (~)
Box 646
.'Aspen, Colorado 81612
LOTS P - S
CHATEAU ASPEN CONDOHINIUHS - 22 "units
Chateau Aspen Condo Association
731 East Durant Avenue
Aspen, Colorado 81611
---------.----------------------------
BLOCK 99, CITY AND TOImSITE OF ASPEN
LOTS A - B
GARY G. & LESLIE ~TROYER
Bell u..:rIGO[f;. KIU5
Aspen, Colorado 816 ~
LOT C
GERALD G.
1401 East
North Las
TROYER
Lake Head Blvd.
Vegas, Nevada
89030
LOTS D - E
LESLIE JEAN SHITll .J
u..,.. lu'S' IoOt~. ~,,\LIS
Aspen, Colorado 8l6l~
LOTS F - G
JON E. CllAPHAN
Box 311
Snowmass, Colorado
RE:
Carinthia, Inc.
, f<;>r0ndi tional
D1Sb.'ict .
Application
Use, C-l
LOTS 1I - I
W. R. HALTON
Box 665
Aspen, Colorado 81612
1.01'S K - L
'E. NORRIS & GOODRICH II. TAYLOR
602 East Hymarr Avenue
Aspen, Colorado 81611
LOT M
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PATRICIA 1'100RE
610 East Hyman Avenue
~spen, Colorado 81611
LOTS N - 0
FlJRNGULF, LW., c/o Martin FiueL
616 East Hyman Avenue, Aspen, CO 81611
J.OTS P - Q
620 IIY}u\N ASSOCIATES, A Coloravo Joint
Ventur~ Composed of:
Donald J. Fleisher (1/6)
James Cox (5/6)
620 East Hyman Avenue
Aspen, Colorado 81611
LOT':;. R - S
Jack S. Crandall (~) & GESINE CRANDALL (~)
Box 1066
Aspen, Colorado 81612
==;==~===============~=====D==~~===~=a===
BLOCK 101, CITY AND TOWNSITE or ASPEN
ALL
ASPEN SQUARE CONDOS - 105 units
Aspen Square Condo Association
617 E. Cooper Avenue
Aspen, Colorado 81611
-----------------------------------------
-----------------------------------------
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BLOCK 96, CITY AND TOWNSITE OF ASPEN
E 5' of LOT G & ALL OF LOT H
STEIN ERIKSElJ
Box 1245
Aspen, Colorado 81612
LOTS Q, R & S
AJAX HOUNTAIN ASSOCIATES, LTD.
c/o Stephen J. Marcus
Box 1709
Aspen, Colorado 81612
===============;======~=======a=~=a======
BLOCK 95, CITY AND TOIlNSITE OF ASPEN
LOTS G, H & I
D1KRAlI DING1LIAN, A.S.
,160 Hest 225th Street
New York City, New York 10463
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BLOCK 95 CONTINUED
E2~' OF LOT Q & ALL OF R & S
C.A. MUER CORP.
1548 Porter Street
Detroit, Michigan 48216
----------------------------------------
----------------------------------------
BLOCK 104, CITY AND TOWNSITE OF ASPEN
LOTS A & B
JAMES W. HAMMOND, JR. and MAX WILLIAMS
Suite 200, 16800 Dallas Parkway
Dallas, Texas 75248
LOTS C & D
EDGE OF AJAX CONDOMINIUMS
Unit 1 - Mike Fitzgerald
520 East Durant Avenue, #204
Aspen, Colorado 81611
Unit 2 - Thomas F. Kane
39 Prospector Hill Avenue
Summit, New Jersey 07901
Units 3,4,5 - Edge of Ajax, Inc.
Box 2202
Aspen, Colorado 81612
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LOTS K, L, M & N
LEO A. ROWLAND
c/o Dennis R. Lucas
2907 Hill Avenue
Grand Junction, Colorado 81504
----------------------------------------
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BLOCK 105, CITY AND TOIVNSITE OF ASPEN
LOTS A, B, C & D
HANNAH DUSTIN BUILDING ASSOCIATES
Box 2238
Aspen, Colorado 81612
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LOTS E, F, G, H & I
ELAINE KRAUT
18145 Colline Vue Boulevard
Brookfield, Wisconsin 53220
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LOTS K, L, M, N & 0
BELL MOUNTAIN LODGE, INC.
Box 328
Aspen, Colorado 81612
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NOTICE TO ADJACENT PROPERTY OWNERS OF PUBLIC MEEING
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RE: Weinerstube Restaurant Conditional Use
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NOTICE IS HEREBY GIVEN that a public meeting will be held on
Tuesday, December 4, 1984, beginning at 5:00 P.M. before the Aspen
Planning and Zoning Commission, in City Council Chambers, 130 S. Galena,
Aspen, Colorado, to consider an application submitted by Carinthia,
Inc., requesting conditional use approval to opera::e the Weinerstube
Restaurant in a portion of the old Post Office, 307 South Spring
S tr eet, Aspen, Color ado, which property is located in the C-l zone
district.
For futher information, contact the Planning Office, 130 S. Galena,
Aspen, Colorado 81611 (303) 925-2020, ext. 223.
s/perry Harvey
Chairman, Aspen Planning and Zoning
Commission
MEMORANDUM
DATE: November 6, 1984
TO: Colette Penne
FROM: City Attorney
RE: Weinerstube Conditional Use
We reiterate our recommendation that all land use applications be
signed by the applicant, as well as the property owner of the land
in question to avoid any misunderstandings regarding the represen-
tations contained in the application.
PJT/mc
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ME~lORANDUM
To: ,Colette Penne, Planning Office
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From: Elyse Elliott, Engineering Office.~
Date: November 5. 1984
Re: lveinerstubc Restaurant-Conditional Use Review
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Having reviewed the above application and made a site inspection.
this department feels that the Neinerstube meets the criteria for
approval from an engineering standpoint.
Ne have noted that this was previously leased entirely for a
Japanese restaurant (Sumos).
It is recommended that the Environmental Health Department be
consulted for the possible air pollution impact vlith regards to
grease traps or exhaust filters.
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MEMORANDUM
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TO:
4y Attorney
...ci ty Engineer
Building Dept. - Zoning Enforcement Officer
FROM:
Colette Penne, Planning Office
Weinerstube Conditional Use
RE:
DATE:
October 22, 1984
=====================================================================
Attached for your review and referral comments is an application
submitted by Carinthia, Inc., requesting conditional use approval to
operate the Weinerstube Restaurant in a portion of the old Post Office
at 307 South Spring Street, which is situated in the C-l zone district.
Please review this material and return your referral comments to the
Planning Off ice no later than November 19, 1984, in order for this
office to have adequate time to prepare for its presentation before
t~e Planning and Zoning Commission on December 4th.
Thank you.
:~;WJ,,',:'.1I&~~~~~~:_~":.ijl
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f[?\:~ - - P~lI~~-O;;ITL~ I~S~RAN~E ISS~ED BY '-~".' ,.
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S'l~EWAI~'l~ "rI~~LE
GUARANTY
COMPANY
SUBJECT TO THE EXCLUSIONS FROM COVERAG( THE EXCEPTIONS CONTAINED IN SCHEDULE 8 AND
THE PROVISIONS OF THE CONDITIONS AND STIPULATIONS HEREOF. STEWART TITLE GUARANTY
COMPANY, a corporation of Galveston, Texas, herein called the Co any. insures, as of Date of Policy shown in
Schedule A, against loss or damage, not exceeding the amount of in ran stated in Schedule A, and costs, attorneys'
fees and expenses which the Company may become obligated to pay here . sustained or incurred by the insured by
reason of:
1. Title to the estate or interest described in Schedule A being vested otherwise t
2. Any defect in or lien or encumbrance on such title; or
3. lack of a right of access to and from the land.
4. Unmarketability of such title
IN WITNESS WHEREOF. Stewart Title Guaranty Compa
duly authorized officers as of Date of Policy shown in Schedule A.
nas stated therein;
.
as caused this policy to be signed and sealed by its
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STE"'ART TITLE
GUARANTY COMPANY
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Countersigned:
''rrt~~~.,'
,", ~\.E <II""'
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President
Authorized Countersignature
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SCHEDULE OF EXCLUSIONS FROM COVERAGE
";./1/. Illy ,if (011/1(1<1
The following matters are eKpressly eKcluded from the co\/erage of this policy:
1. Any law. ordinance or go\/ernmental regulation (including but not limited to building and zoning ordinances) restricting or regulating or
prohibiting the occupancy, use or enjoyment of the land, or regulating the character. dimensions or location of any impro\/ement now or
hereaher erected on the land, or prohibiting a separation in ownership or a reduction in the dimensions or area of the land. or the effect
of any \/iolation of any such law. ordinance or go\/ernmental regulation.
2. Rights of eminent domain or go\/ernmental rights of police power unless notice of the eKercise of such rights appears in the public
records of Date of Policy.
3. Defects. liens, encumbrances, ad\/erse claims, or other matters (a) created. suffered, assumed or agreed to by the insured claimant, tb) not
known to the Company and not shown by the public records but known to the insured claimant either at Date of Policy or at the date
such claimant acquired an estate or interest insured by this policy and not disclosed in writing by the insured claimant to the Company
prior to the date such insured claimant became an insured hereunder; Ie) resulting in no loss or damage to the insured claimant; ldl
attaching or created subsequent to Date of Policy: or (e) resulting in loss or damage which would not ha\/e been sustained if the insured
claimant had paid \/alue for the estate or interest insured by this policy.
.:---off1,~~~~
Page 1 of 0
Policy Serial No.
;~17110
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0012
ALTA OWNER'S POLlCV - Ameni'o/l'I'o
SCHEDULE A
Order No,:
5515
Date of Pol icy:
July 16. 1974 @ 8:00 a...
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Policy No,:
o 217110
Amount of Insurance: S 34. 000 00
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1. Name of Insured: Mountain Statea eo-unications. Inc.. a Colorado Corporation.
A. V1censi. Martin nUl aDd Craig IlDvley. aa tenanta 1.n COIIalCm.
2. The estate or interest in the land described herein and which is covered by this policy is:
ill fee d.sp1e.
George
3. The estate or interest referred to herein is at Date of Policy vested in:
Houataia State. ('-..f('-t1oIw/Iae.. ....'COlorado Ccn:poratioa. George A. Vicau:i.
Kartin FllI& aDd Cra1g --le7,,~CJ'~ v 'I ~.~,
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4. The land referred to in this policy is describ~d as follows:'- if?!.
~ ,.J. c;t "'.. ~lr;~.
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LoU. F. C. H aDd I. Block 'lOG. ,,",.
CITY jIJJ) TOWIISrrE OF ASPEII..,. ~. t~i'~~;
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STE'VAUT TITLE
OUAHASTY COMI'AN'"
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This policy does not ilCe against luss or (1.,ll1a~le hy rcason of tt~lIowing:
1. Ri~lhts or claims of Pilrties in pus~essioll j.)! shown by the put~rccords.
2. Easements, or claims of easements, not ~;!H)WIl by the public records.
3. Encroachments, overlaps, boundary lin.- disputes, or other matters which would be disclosed by an
accurate surveyor inspection of the prclnises.
4. Any lien, or right to a lien, for servu"'.:CS, labor or material heretofore or hereafter furnished,
imposed by law and not shown by the pl/blic records.
5, Community prorerty, dower, curtesy, survivorship, or homestead rights, if any, of any spouse of
the insured,
6. Any titles or rights asserted by anyone including but not limited to rersons. corrorations,
governments or other entities, to tide lands, or lands comprising the shores or bottoms of navigable
rivers, lakes. bays, ocean or gulf, or kInds beyond the line of the harbor or bulkhead lines as
established or changed by the United States Government or water rights, if any.
7. Reservations contained in Patent from the United States of America or State where the land
described in Schedule A is located,
8. Restrictive Covenants affecting the property described in Schedule A,
9. Taxes for the year 19 74 and thereafter, and a-rry spec.tal asses&1llet1ts or charg..s not
yet eertified to the office of the County Treasurer.
10.
Any tax, assessment, fees or char&es by reas_ of the inclusion of aubject
,
property 10 Aspen Fire Protection Distt1et, AIIpen San1ta~Distr1ct, Aspen
Street IIlproveml!I1t DistT1et"&d.TheC1ty if Aspeu.. -ihJl ff I~
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Lease betveeD Floyd S. Harris and n.t.a S. BarriB, Lessors an United States
of America, Laa...... recorded Oetober 19. 1961 Book 195 at page., 412, proYid1ng
for a tena of ten years, be&1mdDg Mareb I, 1 61 d ending Febraary 28, 1971 (vith
,
an option for reneVlll), and the ass1cn-enta th e
11.
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Deed of Trust fr_ Mountain States
Geor&e A. V~~1. Hartin Plas.
for the ... of Ea1ly Stevens. to
recorded .July 15. 1974 in lloo1r. %89
Ow--nfcat1ons, DC.. a Colorado eorporat1on.
CraiE Rowley to ~e Public Tx1dt_ of Pitkin Cour
$250,000.00 dated .July U. 1974 and
. 219.
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STE"'ART TITLE
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Page 3
OUAHANTY CHMI'ASl'
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6" DETEffiV'lTm,lOlIlA1\I[JllAV1I7Iw-oFt:05"
-- tal The liability of the CompU under this policy
shall in no C<lse exceed the least 01:
(i) the actuallos< of the insured claimant; or
{iil the amount 01 insurance stated in Schedule A,
(b) The Company will pay. in addition to any loss
insured against by this policy. all costs imposed upon an
insured in litigation carried on by the Company for such
insured, and all costs, attorneys' fees and expenses in
litigation carried on by such insured with the written
authorization of the Company.
(e) When liability has been definitely fixed in accord.
ance with the conditions of this policy, the loss or damage
shall be payable within 30 days thereafter.
7. LIMITATION OF LIABILITY
No claim shall arise or be maintainable under this
policy (al if the Company. after having received notice of
an alleged defect, lien or. encumbrance insured against
hereunder, by litigation or otherwise, removes such defect,
lien or encumbrance or establishes the title, as insured,
within a reasonable time after receipt of such notice; (b) in
the event of litigation until there has been a final
determination by a court of competent jurisdiction, and
disposition of all appeals therefrom, adverse to the title, as
insured, as provided in paragraph 3 hereof; or lcl for
liability voluntarily assumed by an insured in settling any
claim or suit without prior written consent of the Com-
pany,
8. REDUCTION OF LIABILITY
All payments under this policy, except payments made
for costs, attorneys' fees and expens~, shall reduce the
amount of the insurance pro tanto. No payment shall be
made without producing this policy for endorsement of
such payment unless the policy be lost 'or destroyed, in
which case proof of such loss or destruction shall be
furnished to the satisfaction o~ the Company.
9. LIABILITY NONCUMULATIVE
It is expressly understood that the amount of insurance
under this policy shall be reduced by any amount the
Company may pay under any policy insuring either (a) a
mortgage shown or referred to in Schedule B hereof which
is a lien on the estate or interest covered by this policy, or
(b) a mortgage hereafter executed by an insured which is a
charge or lien on the estate or interest described or referred
to in Schedule A, and the amount so paid shall be deemed a
payment under this pOlicy. The Company shall have the
option to apply to the payment of any such mortgages any
amount that otherwise would be payable hereunder to the
insured owner of the estate or interest covered by this
policy and the amount so paid shall be deemed a payment
under this policy to said insured owner.
10. APPORTIONMENT
If the land described in Schedule A consists of two or
more parcels which are not used as a single site, and a loss is
established affectingone or more of said parcels but not all,
the loss shall be computed and settled on a pro rata basis as
Valid Only If Schedules A and B are Attached.
- -if-the--amount of Insurance unaer Tms.poncy-wZ!'S UIVIUt:U ..
pro rata as to the VaIO) Date of Policy of each separate
parcel to the whole, usive of any improvements made
subsequent to Date of Policy, unless a liahility or value has
otherwise been agreed upon as to each such parcel uy the
Company. and the insured at the time of the issuance of this
policy and shown by an express statement herein or by an
endorsement attached hereto.
11. SUBROGATION UPON PAYMENT OR SETTLE.
MENT
Whenever the Company shall have settled a claim under
this policy, all right of subrogation shall vest in the
Company unaffected by any act of the insured claimant.
The Company shall be subrogated to and be entitled to all
rights and remedies which such insured claimant would
have had against any person or property in respect to such
claim had this policy not been issued, and if requested by
the Company, such insured claimant shall transfer to the
Company all rights and remedies against any person or
property necessary in order to perfect such right of
subrogation and shall permit the Company to use the name
of such insured claimant in any transaction or litigation
involving such rights or remedies. If the payment does not
cover the loss of such insured claimant, the Company shall
be subrogated to such rights and remedies in the proportion
which said payment bears to the amount of said loss. If loss
should result from any act of such insured claimant, such
act shall not void this policy, but the Company, in that
event, shall be required to pay only that part of any losses
insured against hereunder which shall exceed the amount, if
any, lost to the Company by reason of the impairment of
the right of subrogation.
12. LIABILITY LIMITED TO THIS POLICY
This instrument together with all endorsements and
other instruments, if any, attached hereto by the Company
is the entire policy and contract between the insured and
the Company.
Any claim of loss or damage, whether or not based on
negligence, and which arises out of the status of the title to
the estate or interest covered hereby or any action asserting
such claim, shall be restricted to the provisions and
conditions and stipulations of this policy.
No amendment of or endorsement to this policy can be
made except by writing endorsed hereon or attached hereto
signed by either the President. a Vice President, the
Secretary, an Assistant Secretary, or validating officer or
authorized signatory of the Company.
13. NOTICES, WHERE SENT
All notices required to be given the Company and any
statement in writing required to be furnished the Company
shall be addressed to it at its main office, P. O. Box 2029,
Houston, Texas 7700l.
14. The premium specified in Schedule A is the entire
charge for acceptance of risk. It includes charges for
title search and examination if saf!1e is customary or
required to be shown in the state in which the policy is
issued.
STE'WART TITLE
OUARANTY COMI'ANl'
.
o
o
ALBERT KERN
ATTORNEY AND COUNSELOR AT LAW
430 E. HYMAN STREET
ASPEN, COLORADO 61611
I
TELEPHONE (303) 925-7.m
October 18, 1984
HAND DELIVERED
Ms. Collette Penne
City of Aspen
Planning & Zoning Department
130 South Galena Street
Aspen, Colorado 81611
RE: Application for Conditional Use
Approval - Carinthia, Inc.
(Wieners tube Restaurant)
I
Dear Collette:
Please find enclosed herein the letter application for
conditional use approval in the old post office building,
Lots G, H and I, Block 100, a check from Carinthia, Inc.
in the amount of $680.00, and the names and addresses of
property owners to be notified.
Please advise if you require anything further and also
the date and time for the hearing.
Regards,
AK/mc
Enclosures
o
o
ALBERT KERN
ATTORNEY AND COUNSELOR AT LAW
430 E_ HYMAN .5TREET
ASPEN, COLORADO 61bll
TELEPHONE 13031 9l!~.741l
October 18, 1984
City of Aspen
Planning & Zoning Department
130 South Galena Street
Aspen, Colorado 81611
Attention: Ms. Collette Penne
RE: Application for Conditional Use Approval
C-l District - Wieners tube Restaurant
Dear Collette:
This is an application for a grant of conditional use in
the C-l District, City of Aspen, pursuant to Sections 24-3.2
and 24-3.3 of the Aspen Municipal Code.
I
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My client, Carinthia, Inc., a Colorado corporation, whose
sole stockholders are Helmut Schloffer and Gerhard Mayritsch,
presently own and operate the Wieners tube Restaurant at 519
East Cooper Avenue, Aspen, Colorado. Their lease at the pre-
sent location terminates April 30, 1985 and they intend to re-
locate the Wieners tube Restaurant in a portion of the old Post
Office at 307 South Spring Street, situated in the C-l zone
district, leasing approximately 3500 square feet in the westerly
portion of the building.
The building was previously leased entirely for use as a
Japanese restaurant (Sumos) and prior to that as the main
Aspen Post Office.
Mr. Schloffer and Mr. Mayritsch have owned and operated
the Wieners tube Restaurant for 19 years in its present loca-
tion serving primarily a local clientele. Their reputations,
both in business and personal, are excellent. They plan to
operate at their new location in the same manner as their pre-
sent operation, serving American and Continental cuisine at
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o d
City of Aspen
Planning & Zoning Department
Page Two
October 18, 1984
prices consistent with their present menu. The hours of
operation will be between 7 a.m. and a maximum closing time
of 10 p.m. with seating capacity of approximately 100. Ten
parking spaces will be provided on the south side of the
building. The restaurant will be open year round, 6 days a
week, serving primarily a local clientele as it has in the
past.
It is believed that the proposed use is in compliance with
and compatible to the uses in the surrounding area and will not
provide as intensive a night time use as the prior restaurant
and assuredly less daytime use than the post office operation.
It is further believed that this proposed restaurant use
by the Wienerstube is in keeping with the intent of the condi-
^tional restaurant use in the C-l zoned area and is consistent
with the purposes contained therein.
Very truly
-1.1
A~b:rt Kern
AK/mc
C
VICENZI & COMPANY
o
October 19, 1984
Colette Penne
Aspen Planning ~ Zoning Dept.
130 South Galena St.
Aspen, CO 81611
Dear MS Penne:
Please be advised that I am part owner of the property known as the Old Jlost Office
Building located on Lots F, G, H, & I, Black 100, in the City of Aspen and that 1 have
the authority to execate all documents concerning the leasing of said property. We
have entered into a lease with Carintia Inc. for Space #1 in said building because we
feel that they have served the city well with regard to it's lunch and dinner needs and
will continue to do ,30 in this new location.
Consequently, we totally support the applicants in seeking approval for their restaurant
as a conditional use.
\
Co~jally, /J.~~_ "
j'~1:~(..{.~7
George A. Vicenzi
GA V;mk
P.O. :BOX 2238 ASPEN COLORADO 81611 PHONE 303-925-1196