HomeMy WebLinkAboutpitkin.planning.290929200006 (4)DOCUMENT LAYOUT
THIS FILL MAY OR MAY NOT CONTAIN ALC OF TITS INFORMATION
LISTED BELOW IN THE FOLLOWING ORDER
Summary Sheet
Resolution for the BOCC and/or P&Z
Ordinance for the BOCC and/or P&Z
Determination for the Hearing Officer
Administrative Determination
Staff Memo
Application
Public Notice, Acceptance Letter, Referral(s) Letter
Site Plan
Miscellaneous
Plat(s)
CASE
4/1/2002 ACOPIES:F—
Withdrawal 'Planner
PROJ ADD1495 Rooney Or Castle Creek HES #95 125 Rooney Cir
OWN/APP: Elk Mountain Lodge AD&1_020870Castle Creek Rd CIS/Z: Aspen, CO61611 PHNREP: Michael Owen ppy Smltl� StA'20 C/S/Z: Aspen, CO 81611 PHN: (970) 925-9825(p
3 EmailAddr: I ALLOCATED HOURS'
i. FEES DUE FEES RCVD N/A
REFERRALS NIA —�
REEF BY Isabel R DUE:
MTG DATE_ REV BODY PH NOTICED DATE OF FINAL ACTIO
5/22/2002 IBOCC No BOCC Re -
No
n INo BOCCOr .
REMARK Address Changed from 10080 Castle Creek Rd PZ: r
M 3/21/08#dw/(address changed from 0050 Rooney Cir
9/4/OB//dwnovestinq..HRGOFF: r
CLOSED: 4/19DY: Isabel Ramirez HO INDEX: r
ADMIN:
PLAT RECORDED PLAT (BKPG): n/a ADMIN INDEX:
VR APPROVAL DATE:—— VREXPIRESF — — —
CASET(P;,-�- Special Review Permit Withdrawal CASETYP5:
CASE��' CASE T(P6:
CASE TYP3: CASE TYP7: F
CASE TYP4: �— Date Scanned: 5/22,'09
Elle Location: FF Box,7'3
RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF PrnGN
COUNTY, COLORADO, APPROVING A MINOR AMENDMENT TO THE ELK MOUNTAIN
LODGE SPECIAL REVIEW PERMrf
Resolution No. �JL-2002
RECITALS
1. David Middleton ("Applicant') has applied to the Board of County Commissiorers of Pitkin County,
Colorado ('BOCC") to amend the special use permit granted pursuant to BOCC Resolution No. 187m2001 in
order to allow two events of up to 400 people per event on June 14 and July 9, 2002.
2. The property is located at 10080 Castle Creek Road, and is more specifically described in Exhibit
«A"
3. The property is zoned AFR-10, and contains approximately 54 acres.
4. The BOCC considered the request at a regular meeting on April 10, 2002.
5. The BOCC finds that the proposed events benefit the entire community, and that the impacts of the
events on the surrounding area will be mitigated.
6. The BOCC further finds that the proposed amendment is minor in scope, and, therefore, does not
require a public hearing.
NOW, THEREFORE, BE IT RESOLVED by the BOCC that it does hereby approve an
amendment to the Elk Mountain Lodge Special Review Permit, subject to the following conditons:
1. The Applicant shall comply with the conditions of BOCC Resolution No. 18'1:2001, except as
specified herein.
2. A maximum of 400 people, including staff, shall be permitted on the property for events on June 14,
2002 and July 9, 2002.
3. Each of these two events (including set-up and break -down) shall count as four event days, to be
counted out of the 52 events allowed per calendar year.
4. Community Development Department staff shall be present on-site at both events to verify
compliance with the permit conditions. The Applicant shall reimburse the Community Development
Department for the staff time associated with the compliance review.
APPROVED AND ADOPTED this 1 e of April, 2002.
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Resolution No. 00-20024
Page 2
i
APPROVED AS TO FORM:
BOARD OF COUNTY COMMISSIONERS
OF PITKIN COUNTY, COLORADO
By
Patti Kay -Clapper, hair
Date 05-d 3 •0-.7-
APPROVED AS TO CONTENT:
John Ely, Con emay�— Cindy Houben,
Community Development Director
Case #P064-02
PID #290929200006
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EREIBIx A
That portion of R.E.S. No. 95 in Sections 19, 20, 29 and 30 in e
Township 11 South, Range 84 wast of the 6th P.N., described as
follows:
Beginning at Corner No. 1, from which V.S. Location Monument, Ashcroft
hears South 29450' East 47.25 chains dlataat;
thence North 1'6' East 76.13 chains to Corner No. 2;
thence North 5'33' wast 8.82 chains to Carter Na. 3;
thence North 18'47' west 15.42 chains to Corner No. 4;,
thence North 81419' East to East soundary.of E.E.S. Na. 9s;
thence South 10'13' East to Corner No. 8;
thence South 12'35' East 23.31 chains to Corner NO. 9;
thence South 84'1' Heat 1.01 chains to Corner No. 1, the place of
beginning (previously noted as Plat of Beginning erroaeoasly).
EXCEPT that Tract of land condeyed to J.R. Leahy specifically
described in Deed recorded in Book 153 at Page 445 of the Pitkin
County Records.
and also
EXCEPT that Part of the above described property lying westerly of the
Pitkin County road which road is specifically described in Deed
recorded in Back 157 at Page 537 0: the Pitkin County Records.
COON -4y OF PITEZN, STATE OF COLORADO
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467229
IIN1111111111111111111111111N�IIIIIIIIIIIN111111111 a 050//09/2601 10
SILVIADAVIS
001011 WI
MEMORANDUM
TO: Board of County Commissioners
Regular MeeXnlma
May 22, 2002
THRU: Cindy HoubDevelopment Director
FROM: Suzanne Wolff, Senior Planner*
RE: Elk Mountain Lodge Special Review Permit Withdrawal— Public Hearing
SUMMARY: Pursuant to Resolution No. 187-2001, the BOCC granted an extension of the special use
permit for the Elk Mountain Lodge. The Applicant and the neighbors worked together at that time and
proposed specific terms for operation of the Lodge thatwere incorporated as conditions of the BOCC's
approval.
One of the conditions of approval permits tents only on the terraces on the south end of the lodge building
(refer to Attachment A). On the weekend of February 9, 2002, a tent was erected on the east end of the
building adjacent to the catering pad, which violated the conditions of approval. The permit and the Code
specify that violation of the terms of the permit shall be grounds for withdrawal of the permit by the BOCC.
The Applicant asserts thatthe tent was erected at the last minute in order to protect the caterers from the
weather, since the catering pad is open on one side (refer to Attachments B and Q. The Environmental
Health Department has required that the Applicant weatherize the cateung pad, but did not authorize the use
of a tent for this purpose. The Applicant does not dispute that erection of the tent was in violation of the
permit. While the neighbors recognize that this specific violation "does not merit the draconian action of
withdrawal of the permit" (Lynne Mace letter of 4/8/02— Attachment G), they assert that there should be
consequences for violations.
Staff would note that the permit was extended for one year (until October 2002), at which time the Applicant
must submit an application to extend the permit. The BOCC may extend or terminate the permitat that time
based on a finding of compliance or noncompliance, respectively, with the conditions of approval.
The public hearing was originally scheduled on April 10, but was continuedat the request of the Applicant
APPLICANT: David Middleton
LOCATION: 10080 Castle Creek Road
ZONING: The property is zoned AFR-10 and contains approximately 54 acres.
ISSUES:
The primary issue is compliance with conditions of approval, and appropriate remedies for violation. The
permit does not distinguish between "types" of violations and remedies Possible remedies for violation of
the conditions of approval include:
Withdrawal of the permit.
Prohibit all use of tents.
• Reduce the number of permitted events.
Staff and the neighbors acknowledge that these remedies are disproportionate to the offense, but are
uncertain what would be an appropriate consequence for noncompliance in this case. Given that the
Applicant must submit a request to extend the permit in November, and that compliance with the conditions
of approval is the primary grounds for extension or termination of the permit, staff findsthat it is appropriate
not to withdraw the permit at this time. The violation will be noted in thefile, and information on this and
any other violations will be brought forward to the BOCC at the time of the permit extension hearing. Staff
will also have additional information at that time, based on compliance checksthat we will conduct during
the summer season.
Joanna Schaffner, Zoning Officer, has suggested that the enforcement provisions include a system for
ticketing and assessing fines for certain violations While this opportunity does not exist in the Code today,
the BOCC may want to consider this alternative.
With regard to the catering pad, the Applicant has submitted a building permit to enclose the area in order to
address the concerns raised by Environmental Health, which will eliminate the need for a tent in the future.
RECOMMENDATION: Staff recommends that the BOCC take no action at this time,
Attachments
A. Portion of Resolution No. 187-2001 with regard to tents
B. 3/11/02 email from Michael Owen
C. 3/8/02 letter from David Middleton
D. 3/11/02 & 3/4/02 letter from WTS Cabin Partners, Ltd.
E. 3/8/02 letter from Tom Luce
F. 4/8/02 letter from Maroon/Castle Creek Caucus Executive Board
G. 4/8/02 letter from Lynne Mace
• Ms. Wolff is a professional planner with a Bachelor's degree in Urban Stories from the University of Pennsylvania and is a member of the American Institute of Certified Planners. Ms. Wolff
has worked for the Aspen/Pitkin County Community Development Department for 91/2 years and as a Planner/Senior Planner within that department for b years In her planning position, Ms.
Wolff has reviewed numerous land use applications pursuant to the Pitkin County Land Use Code.
0 0 ,) f. 0
Resolution No.1FI-2001
Page 3
1) If amplified sound is in the dining room, all windows on the north side of the
dining room shall be closed;
2) If amplified sound is in the loft, all windows on the north side of the loft shall be
closed;
3) In any event, if there is amplified music in the lodge, the front door shall be
monitored and opened only for entrance and egress.
E. Provide monthly reports to the Environmental Health Department documenting the water
usage, particularly the water usage per event.
F. Notify the Community Development Director and the neighbors, if requested, by mail by
May I of all events scheduled during the summer and fall, including dates, times, number
of guests anticipated, and whether the event will include amplified music or temporary
structures. The Applicant shall then notify the Community Development: Director and
the neighbors if the schedule changes.
4. No temporary or permanent facilities shall be erected other than temporary tents on the terrace on the
south end of the lodge building. For purposes of this approval, a tent is defined as a "membrane
structure with a prefabricated frame or support structure, for which heavy equipment is not required
to erect or dismantle." Temporary tents shall be erected for no longer than 72 hours and shall not
exceed the height of the lodge. Temporary tents shall comply with the standards of the Uniform Fire
Code. Tents shall be on the property no more than 3 "tent days" per week, where "tent day" is
defined as follows:
A. If one or more tents are erected and/or being erected and/or dismantled on the property for
more than one hour but no more than 24 hours, this counts as one tent day;
B. If one or more tents are erected and/or being erected and/or dismantled on the property for
more than 24 hours but no more than 48 hours, this counts as two tent days;
C. If one or more tents are erected and/or being erected and/or dismantled on the property for
more than 48 hours but no more than 72 hours, this counts as three tent days;
5. Other than an occasional beverage delivery, no vehicles that exceed two -axles in size shall be used to
haul material to and from the lodge for any event.
6. No overnight lodging or camping is permitted for any event.
7. Commercial snowmobile and motorcycle operations are prohibited on the property,.
S. 24 hours before any event, when applicable, the event coordinator shall call the County's Emergency
Management Coordinator and/or the Colorado Avalanche Information Center to determine the
avalanche danger for the Castle Creek Valley over the next 24 hours. The coordinator shall
document the time and date of the call and the avalanche danger. If the avalanche danger is rated as
high or extreme, the event shall be canceled. .
9. Prior to January 1, 2002, the Applicant shall work with the Environmental Health Department to
develop an enclosed area that protects the food, utensils and prep workers. The area shall be
operational prior to April 1, 2002.
10. The Applicant shall pay $5,000 to the County as their pro rata share of the improvements to the
Maroon/Castle/Highway 82 intersection by December I, 2001.
tI1 IuI 462997
IIIIIIIII�IIIIIIIIIOIVIIITKIN �IIIIIIVIIIIIIVIIIIIIIIII001%17/02000 2:06P
SILVIA
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In
To: "Suzanne Wolff' <suzannew@ci.aspen.co.us>
Subject: Elk Mountain Lodge
Suzanne,
Thank you for your response. As you requested, I am sending you a rational
reason for having the tent on 9 February 2002, which was adjacent to the
East side of the lodge.
It was a decision we made the morning of the wedding, 9 February 2002. If
you recall, the weather had been very, very bad the night prior, 8 February
2002, and it continued to be equally bad throughout the morning / afternoon
on 9 February 2002. More specifically, it was snowing heavily, and it was
also extremely windy. Due to the prep area being exposed to the elements,
the coordinator and caterer approached me about the need of an enclosed
tent.
The said prep area was used for prepping the various six courses of the
planned meal. In addition, as you know, it is not a comfortable nor
practical place to perform such an important task during a winter storm.
Due to the storm, the snow was literally pouring into the prep area, which
made it literally impossible to perform the needed tasks.
The morning / afternoon of 9 February 2002 required a thought process
directly in line with the rationale of enclosing the prep area. Both the
food and kitchen staff had to be able to perform the important duties
mentioned.
I would hope that P&Z and the BOCC would please understand the importance of
erecting the small tent. Thank you for your time, and I look forward to
hearing from you.
Michael V. Owen
Aspen Elk Mountain Lodge, Inc.
970.925.8825 voice
970.920.3452 fax
970.948.5686 mobile
michael@elkmountainlodge.com
www.elkmountainiodge.com
`)UOPU
Page I of 1
Printed for Suzanne Wolff <suzannew@co.pitkin.co.us> 3/11/02
David M. Middleton
10080 Castle Creek Road
March 8, 2002
Pitkin Board of County Commissioners
530 East Main Street
Aspen, Colorado
81611
Dear Board of County Commissioners:
I am writing to you in regard to the April 10, 2002 public hearing set for Elk Mountain
Lodge in response to a permit violation. The permit violation occurred on February 9,
2002 when a twenty -foot by twenty -foot catering tent was used for weather protection for
the catering staff for an event that evening.
The permit states that there will be no tenting on the Elk Mountain Lodge premises in
connection with an event except for on the patios on the south side of the building. This
new restriction was included in the permit in response to large tents (approximately 8,000
square feet) being constructed in the parking lot (once in June 2000) and in the field to
the west of the building (once in June 1999). At the time, catering tents attached to the
catering pad were not addressed. The twenty -foot by twenty -foot catering tent for the
event on February 9, 2002 was connected to the east side of the building, where there is a
catering pad.
The environmental health department is requiring the catering pad to be completely
enclosed and weatherized by April 1, 2002. Currently, the construction to enclose the
catering area has not been completed but will be before the deadline of April 1, 2002.
The environmental health department did not explicitly authorize the use of a small tent
to protect the catering staff from the outside elements until the construction is completed.
However, the catering tent was used for the same intended purpose as the requirement to
weatherize the catering pad.
Small catering tents have been used several times over the past six years, and 1 do not
recall ever having a complaint about one. However, I have spoken at length with the
Planning Office (Cindy Houben and Suzanne Wolff) and my neighbors, and I understand
their concerns and apologize that there was not better communication in getting their
feedback and making them aware of the situation beforehand in light of the new
restrictions on tenting. There does not seem to be a dispute over the need to have a small
tent connected to the catering pad for weather protection for the catering staff for the
event on the evening of February 9, 2002 since the construction is not complete on the
catering pad, however, they, as well as I, acknowledge that there should have been better
communication, with which this situation could have been easily avoided.
It is not being requested that there be any changes to the permit allowing catering tents or
any other revisions. Once the catering pad is completed, it will not be an issue; and in the
meantime, if there is an event prior to the completion, we will make whatever
adjustments necessary, without using any tenting except on the permitted patios to the
south of the building.
My understanding of the current permit is that there will be a review of the events at Elk
Mountain Lodge at the end of October 2002. From the October 2002 review, the future
status of the permit will be determined by the Board at a public hearing. If the Elk
Mountain Lodge Special Use Permit is extended, any future violation shall be grounds for
revoking the permit and shall be determined in a public hearing with the Board of County
Commissioners. With that in mind, it seems that any concerns about the activities
associated with events at Elk Mountain Lodge should be noted and addressed at the
review at the end of October 2002, instead of there being a public hearing whenever there
is a concern expressed.
If the Board of County Commissioners feels it is necessary to still have a public hearing
on April 10, 2002, I will do whatever is needed in order to be present at the hearing. I am
currently in my last semester of the MBA program at the University of Texas in Austin,
and my final exams, presentations, and papers are on and around April 10, 2002. The
permit for Elk Mountain Lodge is absolutely priority to me, and I will do whatever
rearranging possible in order to be present at the hearing; but I would appreciate it if the
Board would consider postponing the hearing if it is still deemed that a hearing is
necessary.
I regret the situation and apologize for there not being better communication. I look
forward to being back in Aspen and at Elk Mountain Lodge full-time after graduation at
the end of May 2002. Thank you for your time and consideration.
Sincerely,
David Middleton
Elk Mountain Lodge
Cc: Cindy Houben
Suzanne Wolff
Nancy McKenzie
Lynne Mace
Bill Solomon
D U !) Q 9
W.T.S. Cabin Partners, Ltd.
P.O. Box 1590
Dallas, Texas 75221-1590
March 11, 2002
Pitkin County Board of County Commissioners:
Ms. Patti Clapper, Chairman
Ms. Dorothea Farris
Mr. Jack Hatfield
Mr. Mick Ireland
Ms. Shellie Roy
530 East Main Street
P Floor
Aspen, Colorado 81611
Re: Elk Mountain Lodge Special Use Permit
Dear County Commissioners:
You have my letter of March 4, 2002 expressing frustration and concern about recent
issues at Elk Mountain Lodge, which we border on the down -valley side. I provided a copy of
that letter to David Middleton. His subsequent comments and also input from Michael Owen,
Elk Mountain's resident manager, prompt me to send this follow-up letter.
Per David's and Michael's comments, several points should be made relative to my
previous letter:
1. David tells me that there was one tent rather than two tents erected on February 8t" in
the east parking lot in violation of the Permit's terms.
2. We are told that the tent was erected to accommodate the caterer, though I am not
aware that this justifies a Permit violation. David and Michael characterize the
violation as a "mistake", and both have apologized for it.
3. On the matter of Elk Mountain's apparent refusal to provide the Caucus with a list of
winter and spring events, David and Michael say there was a misunderstanding as to
what the Caucus was requesting, even though the Caucus' request in January for "the
2002 schedule of events" was un -ambiguously submitted in writing. Michael has
now provided the schedule of events and has apologized for the failure to provide it
when requested.
4. It may or may not be relevant that these explanations and apologies came to us after
the County had scheduled a Permit withdrawal hearint for April 10`".
5. David feels there is an accusatory tone to my March 4 letter which the facts don't
justify.
This follow-up letter is to acknowledge the foregoing input from Elk Mountain and also
to express our profound ambivalence as to what should be done, which I did not fully address in
my previous letter. On the one hand we like David and are affected by his appeals for leniency,
and in any event we want to be good neighbors. We therefore want not to over -react to what
"iii 10
goes on next door. But on the other hand we are increasingly frustrated by Elk Mountain's
apparent inability and unwillingness to establish straightforward ground rules, acceptable to all
parties, and then consistently to adhere to them. An important aspect of the County's and the
neighbors' dilemma is that the most obvious ways of eliminating or at least restricting the
problems are severe (for example, withdraw the Permit or amend it to eliminate tents), so that in
any single instance (such as the current one) the available remedies may seem disproportionate to
the offense. And yet cumulatively these offenses, which have previously been characterized as
"mission creep," seem to us to be more than the neighborhood should have to accept.
My wife and I are genuinely and deeply saddened by the situation and have literally lost
quite a bit of sleep over this most recent dispute, as we did last year and the year before that
when similar issues arose. Our greatest concern is not knowing what is the right thing to do:
whether to acquiesce or, if not, then what? Again, we look to the wisdom, objectivity and
broader perspective of the BOCC to determine what is appropriate, and we of course will do our
best to support the BOCC's judgment in this difficult matter.
We do not currently plan to attend the April 10`h hearing because we have said all we
know to say, but we shall certainly make arrangements to be there if the County decides we are
needed. I apologize for my lengthy letters and again thank you for your service to Pitkin County.
Very truly yours,
William T. Solomon
9888 Castle Creek Road
WTS:krh
Cc: Ms. Cindy Houben, Pitkin County
Ms. Lynne Mace, Maroon/Castle Creek Caucus
Mr. David Middleton, Elk Mountain Lodge
Mr. Michael Owen, Elk Mountain Lodge
WILLIAM T. SOLOMON
P.O. BOX 1590
DALLAS, TEXAS 75221
(214)443-5501
(214) 443-5514 PAX
March 4, 2002
Pitkin County Board of County Commissioners:
Ms. Patti Clapper, Chairman
Ms. Dorothea Farris
Mr. Jack Hatfield
Mr. Mick Ireland
Ms. Shellie Roy
530 East Main Street
P Floor
Aspen, Colorado 81611
Re: Elk Mountain Lodge Special Use Permit
Dear County Commissioners:
I am managing general partner of W.T.S. Cabin Partners, Ltd. at 9888 Castle Creek Road,
adjoining Elk Mountain Lodge on their down valley side.
Last summer my wife and I joined with other neighbors and the Maroon/Castle Creek Caucus in
expressing to the County our concerns about what we considered to be Elk Mountain Lodge's repeated
violations of both the letter and the spirit of its Special Use Permit. These concerns were expressed in the
context of a Permit revocation hearing, which the BOCC conducted on August 8, 2001 as a result of an
acknowledged violation in July, and the BOCC's subsequent consideration of a multi-year extension of
the Permit which by that time had expired.
As you will recall, we and Lynne Mace (she in her capacity as neighbor and also as chairman of
the Caucus) were asked by then -chairman Mick Ireland to work with the Elk Mountain Lodge principals
to develop and propose to the BOCC revised Permit terms, which were to be less ambiguous than the
original Permit and more acceptable to the neighborhood than Elk Mountain's actual practices over the
preceding years. We worked hard and long in good faith, and under frequently unpleasant conditions, to
respond to this request from the BOCC; and letters addressed to Pitkin County signed by the parties
(including Elk Mountain Lodge) and dated August 14, 2001 and August 27, 2001 laid out the agreed upon
terms which resulted from these efforts and served as the basis for the BOCC's extension of the Special
Use Permit.
That was then and this is now. Lynne Mace as chairman of the Caucus has recently reported to
the County that on the week -end of February 9, 2002, less than three months after the date of adoption of
the new Permit, Elk Mountain Lodge hosted a major event (I am told with a big name entertainer) in
support of which they erected tents on the parking lot on the east side of the lodge building, which is
directly in the line of sight of our living room's up -valley view and equally visible from Castle Creek
Road. This is in clear violation of the terms of the new Permit, which states, "No temporary or permanent
facilities shall be erected other than temporary tents on the terrace on the south end of the lodge building"
(emphasis added).
All parties who were involved in last summer's negotiations are keenly aware that the new
Permit's restriction of tents to the terrace (patio) on the south end of the lodge building was one of the two
or three most important clarifications in the Permit (the other equally important being a provision that
amplified music will be prohibited outside of the lodge building, and a third important provision being
limitations on the number of days per week and per year that tents can be left in place). County Planning
staff had in fact proposed in its August 14, 2001 memo to the BOCC that "temporary tents be prohibited"
anywhere on the property, because the erection of tents to supplement the lodge building was never
contemplated in the original Permit and because tents give rise to a host of adverse impacts including not
only the visual impact of the tents but also more noise (for erection and dismantling), heavier traffic on
Castle Creek Road (hauling the tents and related equipment), more guests (because there is more under -
roof capacity with tents), more vehicles for the guests, etc. Moreover, allowing tents requires ground
rules as to their nature, location and extent of their use, which has proven to entail a "policing" function
which is seemingly beyond the capabilities of County staff and in any event incompatible with the role of
neighbors.
Nonetheless, we the neighbors agreed last summer to Elk Mountain's insistence on tents, but only
with the conditions referenced above and with Elk Mountain's unqualified assurances that the new ground
rules would be adhered to without exception. And now, already, we have a clear and intentional violation
of one of the most important of those agreed upon and clearly stipulated conditions, and without any prior
word of warning and/or explanation from Elk Mountain Lodge to neighbors or to the County.
I will add, parenthetically, that the Caucus' written request of David Middleton in January of this
year for a list of events planned for this winter and spring was denied on the grounds that it is not
technically required by the Permit. Though it is true that the language of the new Permit allows Elk
Mountain to deny this request (they are required by May 1't to provide a list of events for summer and
fall), we nonetheless wonder why they would withhold requested, useful information which is readily
available.
So here we go again. In the latter instance (Elk Mountain's refusal to provide the Caucus with a
list of events), the spirit and clear intent of the renewed Permit was violated because the terms of the
Permit left Elk Mountain a loophole. And, much more serious, in the former instance (the placement of
tents last month), an important, explicit provision of the Permit was intentionally violated, presumably to
accommodate Elk Mountain's commercial interests.
We are at a loss as to what to do about all this. Are we, other neighbors, the Caucus and the
County simply to roll over and allow Elk Mountain Lodge to continue making its own determination on
an event -by -event basis as to what is the appropriate use of this unique property, without regard to the
interests of County and neighbors as embodied in prior agreements and most particularly in Elk
Mountain's Permit? And if not, what is the alternative, considering the record?
We join with the Caucus and other neighbors in appealing to you, the BOCC, to focus on this
continuing problem and to find an appropriate solution.
Thank you for your consideration and for your service to Pitkin County.
Very truly yours,
OA
William T. Solomon
cc: Ms. Cindy Houben, Pitkin County
Ms. Lynne Mace, Maroon/Castle Creek Caucus
214891-3193
TOM LUCE
5950 SHERRY LANE
SUITE 550
DALLAS, TEXAS 75225
March 8, 2002
Pitkin County Board of Commissioners
Ms. Patti Clapper, Chairman
Ms. Dorothea Farris
Mr. Jack Hatfield
Mr. Mick Ireland
Ms. Sheltie Roy
530 East Main Street
3'd Floor
Aspen, CO 81611
Re: Elk Mountain Lodge Special Use Permit
Dear County Commissioners:
m', q, '. ,, ;rnI
214-891-3191(FAX)
My wife and I own the property at 33 Fall Creek Road.
We were distressed to learn recently of the violation by Elk Mountain
Lodge of their permit.
All of us have concerns about restricting how a person can use his
property; however, a very clear agreement was reached as a condition for the
issuance of the Elk Mountain Lodge permit and now, within a very short time
of the adoption of that agreement, the terms have been violated.
We hope the commissioners will take assertive steps to ensure that the
Special Use Permit is enforced.
TLct
cc:Lynne Mace
Yours very truly,
Tom Luce
April 8, 2002
Pitkin County Board of Commissioners
530 East Main Street
Aspen, CO 81611
RE: Elk Mountain Lodge
Dear Board of County Commissioners:
This letter is being written very carefully by the Executive Board of the Maroon Castle Creek
Caucus. The Caucus would like to encourage the County to find a way to allow the Lodge to
hold a Food & Wine Vintner's Dinner in June. We feel it is important for the community at
large and for the Lodge to be able to make that happen. We also want to support holding the
Payne Webber affair at the Lodge in July.
The "careful" part is due to the fact that our support is not intended, in any way, to discount the
seriousness of infractions nor is it meant to imply that we don't expect the Lodge to be held
accountable. We understand the intense level of energy that went into crafting an agreement last
summer which would allow the Lodge success as well as protect the interests of upper Castle
Creek and Ashcroft. It is disheartening to have this agreement violated in the first season it was
in place. It isn't acceptable to have continued violations and apologies.
That being said, the infraction is not sufficient to revoke the permit, in our opinion, and the
hearing date for said infraction is not until May 22'. Not being able to book any events until
after May 22nd could have the net effect of revoking the permit regardless of the final outcome of
the hearing. The venue can be considered a Community asset. There must 'be some way to give
them some assurance in order to book the ACRA dinner now?
We struggle with how to put teeth into an agreement so to prevent continued violations. We
support efforts to find those teeth. In the meantime, we hope you will find it possible to solve
David Middleton's plight this evening, in order to allow for summer bookings now.
Respectfully yours,
Georgia Hanson
For the Maroon Castle Creek Caucus Executive Board
'''';15
April 8, 2002
Pitkin County Board of Commissioners
530 East Main Street
Aspen, CO 81611
RE: Elk Mountain Lodge
Dear Board of County Commissioners,
As one of the neighbors who helped craft the agreement with Elk Mountain Lodge in
August 2001, I offer the following as my personal opinions (you will receive a separate
letter from the Caucus Executive Committee).
The tenting violation does not merit the draconian action of withdrawal of the permit. It
does demand a consequence.
Given the economic struggles this entire community has endured this last year, I
recommend that the BOCC grant Elk Mountain Lodge their special request for these two
events only in excess of 300 people. This is important as Elk Mountain Lodge is an
important asset to this community and these clients are repeat clients of our fair town.
However, I ask that a County official be present at both of these fanctions, without prior
notification to Elk Mountain Lodge and at their expense. These events must receive a
perfect 10 for compliance with the permit.
As the Caucus letter states, "It isn't acceptable to have continued violations and
subsequent apologies." If permits are to mean anything, there must be compliance and
there must be consequences for non-compliance else we are all wasting colossal amounts
of time, energy, and money. Enough is enough.
Withkind regards,
l�ltil.��
Lynn((((eJJJJJPfrimmer Mace
A Mace Family Tradition For Over 50 Years
In The Ghost Town of Ashcroft • 11247 Castle Creek Road
Post Office Box 1048 • Aspen, Colorado 81612 • (970) 925-7345 • FAX (970) 544-9845
e-mail: toklat@sopris.net • website: www.toklatgallery.com
Ulypt p,.l t,
March 11, 2002
Elk Mountain Lodge
C/o Mr. David Middleton
PMB 262
300 Puppy Smith St. .Ste 203
Aspen, CO 81611
Re: Notice of Hearing to consider
Revocation of Special Use Permit
Dear Mr. Middleton,
77
ASPEN - PITKEV
COMMUNTY DEVELOPMENT DEPARTMENT
CERTIFIED MAIL
This office has received complaints and evidence indicating
a violation of condition #4 of the Elk Mountain Lodge
Special Review Permit (BOCC 187-2001). Condition #4 states
in part:
��No temporary or permanent facilities 'shall be
Erected other than temporary tents on the terrace
on the south end of the lodge building."
Photographs indicate that a tent structure was erected on
the East side of the lodge. It is alleged that this
violation occurred on the weekend of February 8-10, 2002.
Because of this violation, a hearing to consider the
revocation of the Elk Mountain Lodge,Special Use Permit has
been scheduled for April 10, 2002, at 3:00pm in the Plaza
One Conference Room located at 530. East Main Street :in.
Aspen. It is strongly recommended that you or your
representative attend this hearing.
Please call me at 9207510.5 if you have any questions,.
Sincerely,
c
Joanna S.. Schaffner
County Zoning Officer
Cc: Cindy Houben,-C ommunity Development Director
Suzanne Wolff-% Planner
John Ely, County Attorney
! •J 130 SOUTH GALENA STREET ASPEN, COLORADO 81611-1975 PHONE 970.920.5090 FAX 970.920.5439
V Aimed.n Rtt,,kd Paper
03/06/2002 10:40 970-920-3452 ELK MOUNTAIN LODGE PAGE 03
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TO. Mr. Bill & Mrs. Gay Solomon From: Michael V. Owen
Frac 214.443.5514 Pages: 12 (including covet sheat)
Valor 214.521.0001
Dde: 6 Match 2002
Its: January 2002 -October 2002 Schedule CQ David M. Middleton
❑ Urgent Cl For Review ❑ Please Coiransia 13 Please Reply ❑ Please Recycle
Mr, bad Mrs. Solomon,
Flat, 1 wart to apologize for the lack of c0oununicedon on my end regarding the tent that was erected for the 9
February 2002 wedding. As I explained to Suzanne Wolf, the pent was a lest minute decision based on the weather
dud weekend. As I have told David, I accept fldl responsibility for allowing the tent to be erected.
Since the event, David and I have discussed this Issue thoroughly, and I reaHze I should have contacted both of
you along with Lynne Mace. 1 understand 811 ofthe work that went two renewing the permit this past summer and
W I hope that my mistake' has not lessened your trust of David
Ino following is the event schedule from January 2002 — OM* 2002, The X's on the schedule reflect
event dales tend past dazes flute January 2002. Please note that when I received the 2002 event
schedule request from Lynne Mace, I assuuned it was for the upcoming eutttmcr based on the permit year of 22
May 2002 to 22 May 2003 and on the County's guideline of notification by I May 2002. TIM schedule changes
often, and it seemed to make sense to send the sopedule later to reflect a mote accurate schedule. For example,
since the request, we have lost three weddiulls, which 1 thought wen confirmed. I assure you David and 1 have
nothing to bide. As per the event schedule sent, we have only had a few events this whiter. Pies" note in
February, we caroted 8 February 2oo2 (setup for the 96) as an event and the breakdown day, 10 February 2002, as
one Wait event day.
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BUSINESS 970.925.11815 + FAX 976.920.345=
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03/06/2002 10:40 970-920-3452 ELK MOUNTAIN LODGE PAGE 04
/ Marche, 2002
ir
ELK MOUNTAIN LODGE
A S P P N• COLORADO
Please accept my sincere apology for not communicating with both of you regarding the said tent. Please call me
if you baw any 4uestim-
Thank you,
u<... co CQ
Michael V. Owen
41 Paye 2
David.Middleton(a),mba02.bus.utexas.edu, 05:08 PM .../02 -0600, April 10th BOCC meetin Page 1 of 1
From: David.Middleton@mba02.bus.utexas.edu
Subject: April 10th BOCC meeting
Date: Sat, 6 Apr 2002 17:08:01 -0600
Thread -Topic: April 10th BOCC meeting
Thread -Index: AcHdv+Sd5DLfr4b2TTG4uryPAp5MuQ==
To: <micki@co.pitkin.co.us>, <mick@sopris.net>, <pattic@co.pitkin.co.us>,
<pattic@sopris.net>, <shellier@rof.net>, <dorothef@co.pitkin.co.us>,
<dfarris@sopris.net>, <jackh@co.pitkin.co.us>, <hatfield@rof.net>,
<info@pitkingov.com>
Cc: <cindyh@ci.aspen.co.us>, <suzannew@ci.aspen.co.us>, <'toklat@sopris.net'>
<'michael@elkmountainlodge. com'>, <'ellenrandall@compuserve.com'>
X-OriginalArrivalTime: 06 Apr 2002 23:19:46.0197 (UTC) FILETIME=
[8A4F6450:01 C1 DDC1 ]
X-ECS-MailScanner: Found to be clean
April 6, 2002
Dear Board of County Commissioners:
I am writing to you in hopes of being able to be included in your agenda for the April 10th meeting.
appreciate your willingness to reschedule the hearing for Elk Mountain Lodge from previously being
April 10th to May 22nd based on my request because of the courses I am taking. However, because
of the need to let groups know whether or not they can be booked for events this coming summer at
the Elk Mountain Lodge, it has become necessary to come to a determination of the status of the
permit before May 22nd
Unfortunately, because of my late notice on April 4th and staff being too busy, Planting and Zoning
has not been able to forward the Board a memo regarding the request for Elk Mountain Lodge to be
included in the April 10th agenda and their recommendation. At the April 5th Maroon/Castle Creek
Caucus Board meeting, Lynne Mace and Georgia Hansen said that they would get in touch with
Shellie Roy Harper to support the Board of County Commissioners including Elk Mountain Lodge in
their April 10th meeting.
The Planning and Zoning staff recommended that I attend the April 10th meeting and, at the
beginning of the meeting, request that the Board include Elk Mountain Lodge in their agenda. Staff
also said that even though they would not be able to put anything in writing, they would be prepared
to discuss anything pertaining to the Elk Mountain Lodge permit. Based on the feedback I have
received from the Planning and Zoning staff and the Maroon/Castle Creek Caucus Board, I have
made arrangements with my professors and am planning to attend the April 10th meeting.
Thank you for your time and consideration, and I appreciate your willingness to work with me on this
matter, which is of great importance to me.
Sincerely,
David Middleton
Elk Mountain Lodge
Printed for Suzanne Wolff <suzannew@co.pitkin.co.us> 4/8/02
:� (x1•`!11/11
f91y kl 6.. x
Moe, 04:1-$ Ij'2hi"2 -0700, Elk Mountain Lodge
Reply -To: <michael@elkmountainlodge.com>
From: "Moe" <michael@elkmountainlodge. com>
To: "Suzanne WolfP'<suzannew@ci.aspen.co.us>
Subject: Elk Mountain Lodge
Date: Tue, 26 Feb 2002 16:18:54 -0700
X -Mailer: Microsoft Outlook IMO, Build 9.0.2416 (9.0.2910.0)
Importance: Normal
X-ECS-MailScanner: Found to be clean
Suzanne,
Thank you for your response. As you requested, I am sending you a rational
reason for having the tent on 9 February 2002, which was adjacent to the
East side of the lodge.
It was a decision we made the morning of the wedding, 9 February 2002. If
you recall, the weather had been very, very bad the night prior, 8 February
2002, and it continued to be equally bad throughout the morning / afternoon
on 9 February 2002. More specifically, it was snowing heavily, and it was
also extremely windy. Due to the prep area being exposed to the elements,
the coordinator and caterer approached me about the need of an enclosed
tent.
The said prep area was used for prepping the various six courses of the
planned meal. In addition, as you know, it is not a comfortable nor
practical place to perform such an important task during a winter storm.
Due to the storm, the snow was literally pouring into the prep area, which
made it literally impossible to perform the needed tasks.
The morning / afternoon of 9 February 2002 required a thought process
directly in line with the rationale of enclosing the prep area. Both the
food and kitchen staff had to be able to perform the important duties
mentioned.
I would hope that P&Z and the BOCC would please understand the importance of
erecting the small tent. Thank you for your time, and I look forward to
hearing from you.
Michael V. Owen
Aspen Elk Mountain Lodge, Inc.
970.925.8825 voice
970.920.3452 fax
970.948.5686 mobile
michael@elkmountainlodge.com
www.elkmountainlodge.com
Page 1 of 1
Printed for Suzanne Wolff <suzannew@co.pitkin.co.us> 3/1/02
j '�` 0r)
MAROON/CASTLE CREEK CAUCUS
PO BOX 8985
ASPEN, COLORADO 81612
Ms. Cindy Houben
Planning Office
130 South Galena Street
Aspen, CO 81611
Dear Cindy,
Enclosed are the photos. The night photo was taken on the night of February 8 — the tents
were erected on the 8'". The two day photos were taken on Saturday, February 9, the day
of the party. The photos of the trucks were taken on Sunday the 10'h. The tent to the east
of the building is clearly in violation of the agreement we all worked out and the
resolution. I do not know enough about trucks to know if the big one (there were three)
is in violation.
Sincerely,
Lynne Pfrimmer Mace
Chair, Maroon/Castle Creek Caucus Executive Committee
juo',G j
Toklat Gallery, 02:10 AM 2/10/02 -0700, Re: Elk Mountain Page 1 of 1
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Date: Sun, 10 Feb 2002 02:10:53 -0700
To: suzannew@co.pitkin.co.us
From: Toklat Gallery <toklat@sopris.net>
Subject: Re: Elk Mountain
X-ECS-MailScanner: Found to be clean
Suzanne,
Last night as I drove to a neighbor's house to watch the opening ceremonies of the
Olympics I noticed a large tent structure (glowing in the dark) on the East side of the lodge.
In our agreement and in the reso, tents are only allowed on the southern terraces. I
understand there is to be a big wedding reception tonight (complete with Lyle Lovett). I
have called and left a message on Cindy's machine. There was also a tent on one of the
terraces. Today (Saturday) both tents are still there and there is much activity. It makes
me so sad. I have taken photos.
Lynne
Printed for Suzanne Wolff<suzannew@co.pitkin.co.us> 2/11/02
�0�
4
� r
ASPEN/PITKIN COMMUNITY DEVELOPMENT DEPARTMENT
130 S. Galena Street
Aspen, Colorado 81611
(970) 920-5090 FAX # (970) 920-5439
March 28, 2002
David Middleton
P.O. Box 262
Aspen, Colorado 81612
Re: Elk Mountain Lodge Special Review Permit Withdrawal
(PID 2909-292-00-006 CASE # P057-01)
Dear David:
The Planning Office has completed its preliminary review of the captioned application. We have determined
that this application is complete. After a more detailed review of the submittal information, additional
information specific to the application may be requested in order to adequately review and process the
application. The planner in charge of the review will request the information from you directly.
We have scheduled this application for review at a public hearing by the Board of County Commissioners on
Wednesday, May 22, 2002 at a meeting to begin at 3:00 P.M. in the Plaza One Meeting Room at 530 East
Main St., Aspen. Should this date be inconvenient for you, please contact me within 3 working days of the
date of this letter. After that the agenda date will be considered final and changes to the schedule or tabling
of the application will only be allowed for unavoidable technical problems. The Friday before the meeting
date, we will call to inform you that a copy of the memo pertaining to the application is available at the
Planning Office.
Please note that it is your responsibility to post a public notice sign on the property at least fifteen days
prior to the hearing (and remove it within one week after) and to mail notice to all adjacent property
owners at least 30 days prior to the hearing with the return address of the Community Development
Department (copy of notice to be obtained from the Community Development Department). The names
and addresses shall be those on the current tax records of Pitkin County as they appeared no more than 60
days prior to the date of the public hearing. Please submit the enclosed Affidavit of Notice by Posting &
Mailing as proof of compliance with the Code at the hearing.
If you have any questions, please call Suzanne Wolff, the planner assigned to your case, at 920-5093.
Siirrlcerely, _
Isabel C�
Administrative Assistant
PUBLIC NOTICE
RE: ELK MOUNTAIN LODGE SPECIAL REVIEW PERMIT WITHDRAWAL
NOTICE IS HEREBY GIVEN that a public hearing will be held on Wednesday, May
22, 2002 at a regular meeting to begin at 3:00 PM or as soon thereafter as the conduct of
business allows, before the Board of County Commissioners, Plaza One Conference
Room, 530 E. Main St., Aspen to consider withdrawal of the Elk Mountain Lodge's
special review permit due to noncompliance with condition 4 of BOCC Resolution No.
187-2001. The property is located 10080 Castle Creek Road, Aspen, Colorado and is
described as a tract of land situated in that portion of H.E.S. No. 95 in Sections 19, 20, 29
and 30, Township 11 South, Range 84 West of the 6th P.M. For further information,
contact Suzanne Wolff at (970) 920-5093.
Jeanette Jones, Deputy County Clerk
Board of County Commissioners
Published in the Aspen Times on March 9, 2002
Pitkin County Account 002.02
Public Private X
000f` 1)8