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Permit Type �as1u Y µ Aspen Lmrd Use
Perm1 # P013.2007.A5LU
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Address 725 E M RANT AVE e _j
Apt/Suite 22A
COY ASPEN
State p-71 Zip �1611
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Status iPeraim9
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Description MINOR • GROVlTH MANAGEMENT ALLNT OTME
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Sibmitted 1ALAN RICHMAN 920.1125
Cl k RixuYp Days 0
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Last Name ;HALL Fist Name IJENNIFER ]25 E OURANT AVE UNIT 22A
Phone j(970) 404.1091 [ASPEN CO 81611
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Last Phonea i1970) 041091 — Cush first Name iJENNIFER 725 E DURANT 11 UNIT 22A
HAIL (ASPEN CO 816t 1
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Lender
Last Name
Phone
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Enter the master peirrat riurrber AspenGotdlbl Record. 1 of 1
536286
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JANICE K VOS CAUDILL PITKIN COUNTY CO R 16.00 D 0.00
RESOLUTION NO. 7
(SERIES OF 2007)
A RESOLUTION OF THE CITY OF ASPEN PLANNING AND ZONING
COMMISSION APPROVING A SUBSTANTIAL AMENDMENT TO THE
GROWTH MANAGEMENT APPROVALS FOR III WEST HYMAN AVENUE,
A.K.A. "THE SNARE GROWTH MANAGEMENT APPLICATION," LOCATED
AT I I I WEST HYMAN AVENUE, CITY OF ASPEN, PITKIN COUNTY,
COLORADO.
Parcel ID: 2735-124-69-018
WHEREAS, the Community Development Department received an application
from I I I W. Hyman, LLC, the owners of property located at 111 West Hyman Avenue,
and from Jennifer Hall, owner of a property located at 725 East Durant Avenue known as
Chateau Dumont Unit 22A, for a substantial amendment to the growth management
approvals for the property located at I I I West Hyman; and,
WHEREAS, the application proposed to eliminate the rental affordable housing
unit from the property at I I I West Hyman Avenue in exchange for deed restricting to
Category 3 affordable housing classification Unit #22A of Chateau Dumont; and,
WHEREAS, the Community Development Department received referral
comments from the Aspen/Pitkin County Housing Authority; and,
WHEREAS, the Community Development Department reviewed the request for
a substantial amendment to the Growth Management approvals for I I I West Hyman
Avenue, pursuant to Section 26.470.040.C.7 & 8 of the City of Aspen Land Use Code
and recommended to the City of Aspen Planning and Zoning Commission approval with
conditions; and,
WHEREAS, pursuant to Section 26.470.040.0 of the Land Use Code, Growth
Management approval may be granted by the Planning and Zoning Commission at a duly
noticed public hearing after considering recommendations by the Community
Development Director, and relevant referral agencies; and,
WHEREAS, during a regular meeting on March 20, 2007, the Planning and
Zoning Commission opened a duly noticed public hearing, received a recommendation
from the Community Development Director, considered the presentation of the applicant,
took and considered public testimony, and reviewed the application according the
applicable review criteria and approved the application by a four to one (4-1) vote, with
the conditions listed hereinafter; and,
WHEREAS, the Planning and Zoning Commission finds that this Resolution
furthers and is necessary for the promotion of public health, safety, and welfare.
NOW, THEREFORE BE IT RESOLVED that the Planning and Zoning Commission
approves a substantial amendment to the I 1 I West Hyman Avenue Growth Management
P&Z Resolution No. 7,
Series of 2007. Page 1
approval (also known as "the Snare Growth Management application"), subject to the
conditions listed below.
Section 1: 111 West Hyman Avenue
Commensurate with recording of the deed restriction for 725 E. Durant, Unit 22A, a
release of the deed restriction on the employee unit located at 111 W. Hyman shall be
recorded. The structure shall be physically changed to prohibit separate occupancy of the
employee unit by removing the kitchen in the unit. The former unit may by physically
integrated into the remaining free-market unit. A building permit shall be required for
such work. The property shall conform to all zoning building regulations of the City, as
amended from time to time.
Section 2: Unit #22 Chateau Dumont
Commensurate with rescinding the deed restriction for the employee unit located at 111
West layman Avenue, Chateau Dumont Unit #22A shall be deed restricted as a Category
3 affordable housing ownership unit. Transfer of ownership of Chateau Dumont #22A
shall be according to the Lottery process of the Aspen/Pitkin County Housing Authority.
The maximum initial sales price for the Category 3 unit shall be no higher than $100,000.
Section 3
All material representations and commitments made by the applicant pursuant to the
development proposal approvals as herein awarded, whether in public hearing or
documentation presented before the Community Development Department or the Aspen
Planning and Zoning Commission, arc hereby incorporated in such plan development
approvals and the same shall be complied with as if fully set forth herein, unless amended
by other specific conditions.
Section 4•
This Resolution shall not affect any existing litigation and shall not operate as an
abatement of any action or proceeding now pending under or by virtue of the ordinances
repealed or amended as herein provided, and the same shall be conducted and concluded
under such prior ordinances.
Section 5:
If any section, subsection, sentence, clause, phrase, or portion of this Resolution is for any
reason held invalid or unconstitutional in a court of competent jurisdiction, such portion
shall be deemed a separate, distinct and independent provision and shall not affect the
validity of the remaining portions thereof.
[signatures on following page] 536286
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111111 Hill
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04/04/2007 03:17
JANICE K VOS CAUDI.L PITKIN COUNTY CO R 16.00 D 0.00
P&Z Resolution No. 7,
Series of 2007. Page 2
-0-
•
APPROVED by the Commission at its regular meeting on March 20, 2007.
APPROVED AS TO FORM:
/amesrue, Asst. City Attorney
ATTEST:
z:G�C- ie Lothian, Deputy City Clerk
PLANNING AND ZONING
COMMISSION:
Ruth Kruger, Chai
536286
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P&Z Resolution No. 7,
Series of 2007.
Page 3
•
EXHIBIT C
26.470.140 Amendment of a Growth Management Development Order.
A. Insubstantial Amendment. An insubstantial amendment to an approved growth
management development order may be authorized by the Community Development
Director if:
1. The change conforms to all other provisions of the Land Use Code
and does not exceed approved variations to the Residential Design
Standards, require an amendment to the Commercial Design Review
approval, or such variations or amendments have been approved.
2. The change does not alter the number, size, type or deed restriction of
the proposed affordable housing units or those changes have been
accepted by the Aspen/Pitkin County Housing Authority.
3. The change is limited to technical or engineering considerations
discovered prior to or during actual development that could not
reasonably be anticipated during the review process, or any other minor
change that the Community Development Director finds has no
substantial effect on the conditions and representations made during the
original project review.
B. Substantial Amendment. All other amendments to an approved growth management
development order shall be reviewed pursuant to the terms and procedures of this
Chapter. Allotments granted shall remain valid and applied to the amended application,
provided the amendment application is submitted prior to the expiration of vested rights.
Amendment applications requiring additional allotments, or allotments for different uses,
shall obtain those allotments pursuant to the procedures of this Chapter.
RELEASE OF DEED RESTRICTION
WHEREAS, a Deed Restriction for Residential Growth Management Allocation (hereinafter, the
"Hyman Deed Restriction") was approved pursuant to City of Aspen Ordinance 5, Series 1993
(hereinafter, the "Agreement') and recorded at Reception No. 388636 on December 28, 1995 in the office
of the Clerk and Recorder for Pitkin County, Colorado (the "Records");
WHEREAS, the Agreement required the Hyman Deed Restriction in exchange for Granting a
Residential Growth Management Allocation for One Free Market Unit and GMQS Exemption for One Deed
Restricted Unit Located at 111 W. Hyman Avenue (Lot G and '/z of Lot F, Block 61, Townsite of Aspen,
Colorado;
WHEREAS, the Aspen Planning and Zoning Commission approved Resolution No. 8, Series of
2007, Approving a Growth Management Review for the Development of Affordable Housing, a Growth
Management Review for a Change -in -Use to Residential, a Special Review for Parking and a Conditional
Use to Allow for an Affordable Housing Unit to be Located in the Lodge District for Property Located at 725 E.
Durant, Condominium Unit 22-A, Chateau Du Mont Apartments (hereinafter, the "Approval'):
WHEREAS, the Aspen Planning and Zoning Commission approved Resolution No. 7, Series of
2007, a Substantial Amendment to the Growth Management Approvals for 111 West Hyman Avenue, aka.
"The Snare Growth Management Application," located at 111 West Hyman Avenue, City of Aspen (the
'Resolution"), which Resolution allows for the Hyman Deed Restriction to be fully released and the
employee housing unit located at 111 West Hyman (the "Hyman Unit") to be legally, physically and for all
other purposes integrated into the free-market residence to which the Hyman Unit is attached (the
"Property"); provided, however, that the Hyman Unit must be altered to prohibit separate occupancy by
removing the kitchen, and the Hyman Deed Restriction must be replaced by recording a deed restriction on
Unit 22A, Chateau Du Mont;
WHEREAS, concurrent with execution and recording hereof and the release of the Hyman Deed
Restriction, a Category 3 deed restriction concerning Chateau Du Mont Unit 22A was executed and recorded
in the Records at Reception No. fj 3 e ES S (the "Chateau Deed Restriction").
NOW, THEREFORE, in consideration of the Approval, the Resolution and the recording of the
Chateau Deed Restriction, this document unconditionally and forever releases, cancels and otherwise
nullifies the Hyman Deed Restriction and any obligations, restrictions or requirements, if any, imposed on the
Property by the Hyman Deed Restriction and/or the Agreement. Further, upon the recording of the Chateau
Deed Restriction, any obligations, requirements or restrictions set forth in the Agreement that may burden the
Property shall be deemed full satisfied for all time.
ASPEN IT 1 COU HOUSING AUTHORITY
RECEPTIONM 538842, 06/12/2007 at
By; 02:32:51 PM,
t
z Chair rson 1 OF 1, R $6.00 Doc Code RELEASE
Janice K. Vos Caudill, Pitkin County, CO
STATE OF COLORA )
ss.
COUNTY OF PITKIN )
This instrument was acknowledged before me this day of June 2007, by Sheri Sanzone, as
Chairperson of the Aspen/Pitkin County Housing Authority B ar .
aStass m handand official seal.
DY CHRISTENSEN
Notary Public Notary Public
te of Colorado
My Comrr � ;Pg, 2008
MASTER DEED RESTRICTION AGREEMENT
FOR THE OCCUPANCY AND RESALE
OF CHATEAU DU MONT UNIT 22-A
THIS MASTER DEED RESTRICTION AGREEMENT FOR THE OCCUPANCY AND RESALE OF
CHATEAU DU MONT UNIT 22-A (the "Agreement") is made and entered into this day of June 2007, by
Jennifer Hall (hereinafter referred to as "Declarant"), for the benefit of the parties and enforceable by the
ASPEN/PITKIN COUNTY HOUSING AUTHORITY (hereinafter referred to as "APCHA"), a duly constituted multi -
jurisdictional Housing Authority established pursuant to the THIRD AMENDED AND RESTATED
INTERGOVERNMENTAL AGREEMENT by and between the City of Aspen, Colorado (the "City") and Pitkin
County, Colorado (the "County"), dated October 28, 2002 and recorded at Reception No. 477066 on January 8, 2003, of
the records of the Pitkin County Clerk and Recorder's Office.
WITNESSETH:
WHEREAS, Declarant owns the real property described in Exhibit "A" attached hereto and incorporated
herein. For purposes of this Agreement, the real property and all dwellings, appurtenances, improvements and fixtures
associated therewith shall hereinafter be referred to as the "Property"; and
WHEREAS, as a condition of the approval for the development of the Property granted by the City of Aspen
Planning and Zoning Commission in Resolution No.7 (Series of 2007) ("Approval Resolution"), the Declarant is
required to enter into this Agreement; and
WHEREAS, as a condition of the application which the Approval Resolution approved, Declarant is permitted
to record this Agreement and subsequently make a one-time sale to a party who is not a Qualified Buyer as defined in
this Agreement; and
WHEREAS, except as allowed by the Approval Resolution and as provided herein, Declarant agrees to
restrict the acquisition or transfer of the Property to "Qualified Buyers," as that term is defined in this Agreement, who
fall within the Category 3 income range established and adopted by the APCHA from time to time in its Employee
Housing Guidelines. In addition, the Declarant agrees that this Agreement shall constitute a resale agreement setting
forth the maximum resale price for which the Property may be sold ("Maximum Resale Price") and the terms and
provisions controlling the resale of the Property. Finally, by this Agreement, Declarant restricts the Property against use
and occupancy inconsistent with this Agreement.
WHEREAS, "Qualified Buyers" are natural persons meeting the income, residency and all other qualifications
set forth in the Aspen/Pitkin County Housing Authority Employee Housing Guidelines (hereinafter the "Employee
Housing Guidelines"), or its substitute, as adopted by the APCHA, or its successor, and in effect at the time of the
closing of the sale to the Qualified Buyer, and who must represent and agree pursuant to this Agreement to occupy the
Property as their sole place of residence, not to engage in any business activity on the Property, other than that permitted
in that zone district or by applicable ordinance, not to sell or otherwise transfer the Property for use in a trade or
business; and to continue meeting the employment, residency and other requirements as stated in this Agreement.
WHEREAS, an "Owner" is a person or persons who istare a Qualified Buyer who acquires an ownership
interest in the Property or Unit in compliance with the terms and provisions of this Agreement, or any other person or
legal entity owning an interest in the Property or Unit; it being understood that such person, persons or entity shall be
deemed an "Owner" hereunder only during the period of his, her, their or its ownership interest in the Property and shall
be obligated hereunder for the full and complete performance and observance of all covenants, conditions and
restrictions contained herein during such period.
WHEREAS, this document supercedes any previous deed restriction agreement for occupancy and resale
associated with this unit.
RECEPTION#: 538838, 06/12/2007 at d22a (2).doc
02:18:14 PM,
1 OF 14, R $71.00 Doc Code DEED
RESTRICT
Janice K. Vos Caudill, Pitkin County, CO
0 •
NOTICE OF APPROVAL
For An Insubstantial Amendment to Growth Management Development Order for
111 West Hyman Avenue, an Amendment to Resolution No. 7, Series of 2007
Parcel ID No. 2735-124-69-018
APPLICANT: Jennifer Hall
REPRESENTATIVE: Alan Richman
SUBJECT OF AMENDMENT: Condominium Unit 22a, Chateau Dumont
Apartments, 725 E. Durant Avenue, Resolution No. 7,
Series of 2007
SUMMARY:
Jennifer Hall has requested an Insubstantial Amendment of a Growth Management
Development Order for 111 West Hyman Avenue, an Amendment to resolution No. 7,
Series of 2007. The application proposed to eliminate the rental affordable housing unit
from the property at 111 West Hyman in exchange for deed restricting to Category 3
affordable classification Unit #22A of Chateau Dumont. The applicant/owner has
requested permission to be allowed to select the initial buyer for Unit #22A instead of an
open lottery process through Aspen Pitkin County Housing Authority. APCHA approval
was granted on June 6, 2007 to allow the applicant to proceed with amending Resolution
No. 7 to allow for the owner to select the initial buyer.
Existing Language in Resolution No. 7, Series oI'2007
Section 2: #Unit 22 Chateau Dumont
Commensurate with rescinding the deed restriction for the employee unit located at III
West Hyman Avenue, Chateau Dumont Unit 22A shall be deed restricted as a Category
3 affordable housing ownership unit. Transfer of ownership of Chateau Dumont #22A
shall be according to the Lottery process of the Aspen Pitkin County Housing
Authority. The maximum initial sales price for the Category 3 unit shall be no higher
than 100,000.
• 0
New Lancuaae in resolution iNo. i, series or zvvi
Section 2: #Unit 22 Chateau Dumont
Commensurate with rescinding the deed restriction for the employee unit located at III
West Hyman Avenue, Chateau Dumont Unit 22A shall be deed restricted as a
Category 3 affordable housing ownership unit. The initial transfer of ownership of
Chateau Dumont #22A to a buyer selected by the applicant/owner, Jennifer Hall,
shall be according to the requirements of the Aspen Pitkin County Housing
Authority. The maximum initial sales price for the Category 3 unit shall be no higher
than $100,000.
STAFF EVALUATION:
In order to amend specific language of the resolution that approved the Growth
Management allotment originally, an Insubstantial Amendment of a Growth Management
Development Order must be approved. Staff supports the proposed amendment because it
is minor in nature, has been approved by APCHA and meets the criteria for an
insubstantial amendment pursuant to section 26.470.140 of the City of Aspen Land Use
Code.
DECISION:
The Community Development Director finds the Insubstantial Amendment of a
Growth Management Development Order to be consistent with the review criteria
(Exhibit C) and with approval from APCHA and thereby, APPROVES the
amendment as specified below.
APPROVED BY:
Chris Bendon
Community Development Director
Date
Attachments:
Exhibit A — Resolution No. 7, Series of 2007
Exhibit B — APCHA minutes
Exhibit C — Review Criteria
2
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February 27, 2007
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Mr. Chris Bendon, Director
City of Aspen Community Development Department
130 South Galena Street
Aspen, Colorado 81611
RE: HALLAPPLICATION FOR RESIDENTIAL GROWTH MANAGEMENT ALLOTMENT
Dear Chris,
This letter is an application to obtain one (1) residential growth management allotment for
the property described as Condominium Unit 22A, Chateau Dumont Apartments. The
street address of the property is 725 East Durant Avenue. The property is currently
zoned Lodge (L).
The application is being submitted by Ms. Jennifer Hall, who is the owner of the property
(hereinafter, "the applicant"). Proof that the applicant is the owner of the subject property
is provided in the warranty deed, attached hereto as Exhibit #1.
The applicant is being represented by Alan Richman Planning Services for purposes of
this application. A letter from the applicant confirming this arrangement is attached as
Exhibit #2.
A pre -application conference was held with staff to discuss the applicant's proposal.
According to the pre -application summary form staff has prepared, the applicant is
required to address the following sections of the Land Use Code:
Annual Development Allotments (Sec. 26.470.030.D);
Free Market Residential Within a Mixed Use Project (Sec. 26.470.040.C.6);
Affordable Housing Growth Management Review (Sec. 26.470.040.C.7); and
Off -Street Parking (Sec. 26.515)
The following sections of this application address the applicable review standards for
these review procedures. First, however, a brief description of the subject property is
provided, including background information explaining the history of this unit.
Mr. Chris Bendon
February 27, 2007
Page Two
Property Background and Proposal
Ms. Hall purchased Chateau Dumont Condominium Unit 22A from Corduroy Cruisers,
LLC on December 8, 2005. Unit 22A is a one bedroom unit that is approximately 600 sq.
ft. in size which is located on the ground floor of the building. A drawing showing the
existing configuration of this unit is included in this application.
Shortly after she purchased the property, Ms. Hall submitted a building permit application
to the City for an interior remodel of the unit to make it more livable as her residence.
Ms. Hall had met with a member of the Building Department and with the City's Zoning
Enforcement Officer prior to submitting the permit application and had been informed that
there were no substantive issues associated with the proposed remodel. A drawing
showing how the unit is proposed to be remodeled is also included in this application.
During the review of the building permit application, the staff began to raise some
questions regarding the legal status of Unit 22A which might prevent the permit from
being issued. In response to these questions, Ms. Hall provided the City with extensive
information regarding the history of the original approvals granted to this property,
(including a 1968 District Court case that required the City to issue a building permit for
the project) and the documents which substantiate these approvals. Information was also
provided demonstrating that many of the units in the Chateau Dumont have been and
continue to be occupied as residences, and that all of the units, including Unit #22A,
have been assessed and paid property taxes for more than 30 years.
Nevertheless, on March 31, 2006, you issued a letter formally denying the building permit,
stating that you were unable to conclude that Unit 22A is a legally created unit for the
following reasons:
1. You found that the original application for a building permit for the project stated
that the building was to contain 24 units. Today, the building contains 26 units
(numbered 1 through 24, 22A, and 22B), the latter two of which you believe were
not shown on the plat as separately approved units.
2. You concluded that because Unit 22A had been physically connected to Unit 22,
it could not be considered a separate unit. Instead, you postulated that it was
previously a laundry room or a manager's unit.
3. You stated that the City considers all of the units in the building to be lodge/short
term accommodation units, not residential units. You found that the original
approvals granted for the units were for this use, and that no change of use has
ever been granted to allow any of the units to be occupied as residences.
C
E
Mr. Chris Bendon
February 27, 2007
Page Three
Ms. Hall had originally considered appealing this decision to the Board of Adjustment.
Ultimately, however, she decided not to pursue this course of action. Instead, following
additional discussions with staff, she has decided to work with the City to make this a
legal free market unit, by submitting this application.
This application seeks to clear up the status of this unit. Free market multi -family housing
is an allowed use in the Lodge (L) zone district. However, because the City believes a
portion of the unit was originally developed as a lodge unit and the remainder was
developed as common space (as a laundry room), it requires a growth management
allotment to qualify as a residential unit. The sections which follow below provide
responses to the applicable provisions of the Land Use Code.
It is also important to note that the applicant has previously submitted two companion
applications to the City to convert this unit to a deed restricted unit. Because those two
applications were submitted in early January, the applicant had hoped they would have
been acted upon by the Planning and Zoning Commission prior to the March 1 GMQS
deadline. However, the P&Z's heavy workload has prevented this from occurring.
Therefore, the applicant hereby states that if the P&Z should approve the original
applications, this GMQS allotment application will be withdrawn and the applicant will
complete the process of deed restricting this unit as an affordable housing unit.
Free Market Residential Units Within a Mixed Use Project
Section 26.470.040 C.6 of the Land Use Code authorizes the addition of free market
residential units within a mixed use project. Following are the applicant's responses to
the standards for review of this type of development.
a. Sufficient growth management allotments are available to accommodate the uses,
pursuant to Section 26.470.030 D., Annual Development Allotments.
Response: It is the applicant's understanding that sufficient allotments have been made
available on March 1 st to allow for the creation of one (1) free market residential unit.
b. The proposed development is consistent with the Aspen Area Community Plan.
A fundamental theme of the AACP is to "Promote a healthy and diverse economic base
that supports both the local economy and the tourist industry". Approval of this
application will allow the applicant to complete an interior remodel of the unit so it can be
brought into compliance with health and safety codes and so the unit can be used as a
free market residence. Given its location, near the center of Aspen, within the primary
lodging district, it would be appropriate for the City to allow the efficient use of this
existing space, which will support the tourist economy without creating negative impacts.
Mr. Chris Bendon
February 27, 2007
Page Four
C. Affordable housing equal to thirty (30) percent of the additional free-market floor
area is provided in a manner acceptable to the Aspen/Pitkin County Housing
Authority. Affordable housing shall be approved pursuant to Section 26.470.040.
C. 7., Affordable Housing, and be restricted to Category 4 rates as defined in the
Aspen/Pitkin County Housing AuthorityGuidelines, as amended. An applicant may
choose to provide mitigation units at a lower Category designation.
Response: The applicant agrees to provide affordable housing that represents a
minimum of 30% of the project's total floor area. However, because of the small size of
Unit 22A (some of which does not count as "floor area"), 30% of its total floor area
equates to less than 200 sq. ft. of mitigation, which is far less than the minimum legal size
for an affordable housing unit. Moreover, it would be virtually impossible for the applicant
to create a new unit, given her circumstances and the situation which exists at 725 E.
Durant Avenue. Therefore, the applicant requests the ability to provide the required
affordable housing via a cash -in -lieu payment. It is the applicant's understanding that the
cash -in -lieu provisions are intended for cases where the required housing mitigation is a
fraction of a unit, making it the proper method for this project. Payment will be made at
the Category 4 rate, in accordance with the applicable provisions of the Aspen/Pitkin
County Housing Authority Guidelines, as amended.
d. The project represents minimal additional demand on public infrastructure or such
demand is mitigated through improvements proposed as part of the project.
Public infrastructure includes, but is not limited to, water supply, sewage
treatment, energy and communication utilities, drainage control, fire and police
protection, solid waste disposal, parking, and road and transit services.
Response: Unit 22A has existed for more than 30 years and has been occupied as
resident housing during at least some of that time. Therefore, this proposal will not create
any of the above -listed impacts.
Affordable Housing Growth Management Review
Section 26.470.040 C.7 of the Land Use Code authorizes the development of deed
restricted affordable housing. As noted above, in this case, the affordable housing
proposed is a cash -in -lieu payment. Following are the applicant's responses to the
standards for review of this type of proposal.
a. Sufficient growth management allotments are available to accommodate the new
units, pursuant to Section 26.470.030 C., Development Ceiling Levels.
Response: The City has not yet reached the affordable housing ceiling of 2,428 units.
In any case, no new units are proposed; instead a cash payment will be made.
Mr. Chris Bendon
February 27, 2007
Page Five
b. The proposed development is consistent with the Aspen Area Community Plan.
Response: A fundamental theme of the AACP is to "revitalizethe permanent community"
by increasing the amount of resident housing". Approval of this application will result in
the applicant making a cash payment to the Housing Authority that will support the
affordable housing program.
C. The proposed units comply with the Guidelines of the Aspen/Pitkin County
Housing Authority. A recommendation from the Aspen/Pitkin County Housing
Authority shall be required for this standard. The Aspen/Pitkin County Housing
Authority may choose to hold a public hearing with the Board of Directors.
Response: No new units are proposed; instead a cash payment will be made.
d. Affordable housing units required for mitigation purposes shall be in the form of
actual units or buy down units. Off -site units shall be provided within the City of
Aspen city limits. Units outside of the city limits may be accepted as mitigation
by the City Council, pursuant to Section 26.470.040 D.2. Provision of affordable
housing through a cash -in -lieu payment shall be at the discretion of the Planning
and Zoning Commission upon a formal recommendation from the Aspen/Pitkin
County Housing Authority. Required affordable housing may be provided through
a mix of these methods.
Response: The applicant requests the ability to provide the necessary affordable
housing via a cash -in -lieu payment. It is the applicant's understanding that the cash -in -
lieu provisions are intended for cases where the required housing mitigation is a fraction
of a unit, making it the proper method for this project. Moreover, it would not be possible
for the applicant to develop an affordable housing unit on this site, and it is beyond the
applicant's means to obtain another parcel of land on which a unit could be developed
or to "buy -down" an existing unit.
e. The units proposed shall be deed restricted as "for sale" units and transferred to
qualified purchasers according to the Aspen/Pitkin Housing Authority Guidelines.
In the alternative, rental units may be provided if a legal instrument, in a form
acceptable to the City Attorney, ensures permanent affordability of the units.
Response: No new units are proposed; instead a cash payment will be made.
Mr. Chris Bendon
February 27, 2007
Page Six
Off -Street Parking
The Chateau Dumont provides 10 on -site parking spaces for the existing units. The
spaces are not assigned to individual owners, but instead are available to all owners on
a first -come, first -served basis. As a unit owner in the complex, the applicant owns an
equal share of this parking (10 spaces for 26 owners = 0.38 spaces per owner).
The rules of the Condominium Association limit the use of the on -site parking spaces to
unit owners only, not their guests or tenants. Because many of the units are only
occupied by owners periodically and not full time, it has been the applicant's experience
that these spaces are generally not fully occupied, except for absolute peak times of
occupancy in town, such as the 4th of July or New Year's.
Since the on -site parking facilities adequately serve the needs of the development and
since, from a practical standpoint, the proposal to recognize this unit as a residential unit
will not change its historic or actual use as a free market unit, the applicant would ask the
Planning Commission to find that the on -site parking is already adequate for this proposal
and no additional parking is required.
In the alternative, the P&Z may conclude that a cash -in -lieu fee should apply to the
difference between the parking the applicant owns (0.38 spaces) and the parking the
Code requires (1 space). Such a fee would require a payment of $18,600 (0.62 spaces
x $30,000 per space), which would be a significant additional burden for the applicant.
If the P&Z determines that this fee should apply, then the applicant would ask that P&Z
waive the fee, as authorized by Section 26.515.040 A. of the Land Use Code, Special
Review Standards for Parking. This waiver would be appropriate because this proposal
complies with the applicable standards of the Code, as follows:
1. The parking needs of the residents, customers, guests and employees of the
project have been met, as described above;
2. An on -site parking solution would be practically difficult (it would, in fact, not be
possible); and
3. Existing on -site parking facilities adequately serve the needs of the development.
Conclusion
The above responses provide the information you require to process this application and
demonstrate the compliance of this proposal with the standards of the Land Use Code.
Please let me know if there is anything else we need to submit as you review this
application.
LJ
E
Mr. Chris Bendon
February 27, 2007
Page Seven
Very truly yours,
ALA RICHMAN PLANNING SERVICES
•
Alan Richman, AICP
9 0
EXHIBITS
:,rry OF ASPEN
�y OF ASPEN • FIRETT PAIDEXHIBIT #1 •
v"FIETT PAID ATE REP NO.
DATE REP NO,
WARRANTY DEED
THIS DEED, made December 7, 2005,
Between CORDUROY CRUISERS, LLC
of the County of �t TK(1�1 State off°, GRANTOR,
AND JENNIFER HALL, GRANTEE
whose legal address is: P.O. BOX 11711, ASPEN, CO, 81611
of the County of PITKIN, State of CO
WITNESSETH, That for and in consideration of the sum of ten dollars and other good and valuable
consideration,. the receipt and sufficiency of which is hereby acknowledged, the grantor has granted,
bargained, sold and conveyed, and by these presents does grant, bargain, sell and convey and confirm
unto the grantee, its. heirs and assigns forever, all the real property together with improvements, if any,
situate and lying and being in the County of PITKIN, State of COLORADO, described as follows:
CONDOMINIUM UNIT 22-A,
CHATEAU DU MONT APARTMENTS, A CONDOMINIUM, according to the Condominium Map thereof
recorded in Plat Book 3 at Page 335 and Amendment thereto as defined and described in Action of the
Board of Directors recorded December 2, 2005 as Reception No. 518036 and as defined and described in
the Condominium Declaration thereof, recorded December 9, 1968 In Book 238 at Page 1.
TOGETHER with all and singular the hereditaments and appurtenances thereto belonging, or in anywise
appertaining, and the reversion and reversions, remainders, rents, issues and profits thereof, and all the
estate, right, title, interest, claim and demand whatsoever of the grantor either in law or equity, of, in and to
the above bargained premises, with the hereditaments and appurtenances. TO HAVE AND TO HOLD the
said premises above bargained and described, with the appurtenances, unto the grantee, its heirs and
assigns forever. And the Grantor, for its, its heirs and assigns, does covenant, grant, bargain, and agree
to and with the Grantee, its heirs and assigns, that at the time of the ensealing and delivery of these
presents, its is well seized of the premises above conveyed, has good, sure, perfect, absolute and
indefeasible estate of inheritance, in law, in fee simple, and has good right, full power and lawful authority
to grant, bargain, sell and convey the same in manner and form as aforesaid, and that the same are free
and clear from all former and other grants, bargains, sales, liens, taxes, assessments, encumbrances and
restrictions of whatever kind or nature soever, except those matters as set forth on Exhibit "A" attached
hereto and incorporated herein by reference. The grantor shall and will WARRANT AND FOREVER
DEFEND the above bargained premises in the quiet and peaceable possession of the grantee, its heirs
and assigns, against all and every person or persons lawfully claiming the whole or any part thereof. The
singular number shall include the plural, the plural the singular, and the use of gender shall be applicable
to all genders.
IN WITNESS WHEREOF the grantor has executed this deed.
SIGNATURES ON PAGE 2
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JANICE K VOS CAUDILL PITKIN COUNTY CO R 11.00 D 27.00
•
•
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SIGNATURE PAGE TO WARRANTY DEED
PAGE 2
�—ROY CRUISERS�eLLC
STATE OF Re-t -? pr i A )
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COUNTY OF M Vc4 c-opp. )
The foregoing instrument was acknowledged before me this 6-7 day of Rz Cerr�t�� , 2005,
by CORDUROY CRUISERS, LLC by LANETTE VALERIO, MANAGER
WITNESS my hand and official seal
my commission expires: 64-IT. 200g
PCT20164F3
Notary Publ
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pa Countyission Expires 18, 2008
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JANICE K VOS CAUDILL PITKIN COUNTY CO R II.00 D 27.00
EXHIBIT #2
Mr. Chris Bendon, Director
City of Aspen Community Development Department
130 South Galena Street
Aspen, Colorado 81611
RE:HALL APPLICATION FOR RESIDENTIAL GROWTH MANAGEMENT ALLOTMENT
Dear Chris,
I hereby authorize Alan Richman Planning Services to act as my designated
representative with respect to the land use application being submitted to your office for
my property, Condominium Unit 22A, Chateau Dumont Apartments. Mr. Richman is
authorized to submit an application to obtain one (1) residential growth management
allotment for this condominium unit. He is also authorized to represent me in meetings
with City staff and the City's review bodies.
Should you have any need to contact me during the course of your review of this
application, please do so through Alan Richman Planning Services, whose address and
telephone number are included in the land development application.
s7-
rely,
A-6nifer Fall
P.O. Box 11711
Aspen, Colorado 81612
970-925-3476
• EXHIBIT #3
CITY OF ASPEN
PRE -APPLICATION CONFERENCE SUMMARY
PLANNER: Jason Lasser, 429-2763 DATE: 2/22/07
PROJECT: 725 E. Durant, Chateau Dumont Condominium #22-A
REPRESENTATIVE: Jennifer Hall, Alan Richman
OWNER: Jennifer Hall
TYPE OF APPLICATION: Growth Management Allotment
DESCRIPTION: Growth Management Allotment for Condominium Unit #22-A, Chateau Dumont Apartments
(converted from a lodge unit and part of the laundry/common space to residential) to
designate the unit as a free market unit.
Applicable Code Sections:
26.304 Common Development Review Procedures
26.470.030 (D) Annual Development Allotments
26.470.040 (C)6 Free -Market Residential Units within a Mixed -Use Project
26.470.040(C)(7) Affordable Housing -- Growth Management Review
26.515 Off -Street Parking
26.710.190 Lodge (L) Zone District
Review by: Staff, Planning and Zoning Commission
Public Hearing: Yes at P & Z.
Referral Agencies: APCHA, Building, Fire, Water, Electric, Sanitation
Planning Fees: $1410 Deposit for 6 hours of staff time (additional staff time required is billed at $235 per hour)
Referral Agency Fees: $204
Total Deposit: $1614 (additional staff hours are billed at $235 per hour)
To apply, submit the following information:
1. Total Deposit for review of application.
2. Completed Land Use Application.
3. Applicant's name, address and telephone number, contained within a letter signed by the applicant
stating the name, address, and telephone number of the representative authorized to act on behalf of the
applicant.
4. Signed fee agreement.
5. Pre -application Conference Summary.
6. An 8 1/2" x I I" vicinity map locating the subject parcels within the City of Aspen.
7. Proof of ownership.
8. Site plan or site improvement survey showing parking configuration.
9. Floor plans of unit to be legalized.
10. A written description of the proposal and a written explanation of how a proposed development
complies with the review standards relevant to the development application. This should include the
proposed code amendment language.
11. 15 Copies of the complete application packet (items 2-10)
12. List of adjacent property owners within 300' for public hearing. The GIS department can provide this list on
mailing labels for a small fee. 920.5453
13. Applications shall be provided in paper format (number of copies noted above) as well as the text only on either
of the following digital formats. Compact Disk (CD) -preferred, Zip Disk or Floppy Disk. Microsoft Word
format is preferred. Text format easily convertible to Word is acceptable.
Notes: The application shall demonstrate compliance with the parking requirements or include a response to Chapter
26.515
Process:
I
•
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CITY OF ASPEN COMMUNITY DEVELOPMENT DEPARTMENT
Agreement for Payment of City of Aspen Development Application Fees
CITY OF ASPEN (hereinafter CITY) and r,\ Y,
(hereinafter APPLICANT) AGREE AS FOLLOWS:
1. APPLICANT has submitted to CITY an application for
(hereinafter, THE PROJECT).
2. APPLICANT understands and agrees that City of Aspen Ordinance No. 57 (Series of
2000) establishes a fee structure for Land Use applications and the payment of all processing fees is a
condition precedent to a determination of application completeness.
3. APPLICANT and CITY agree that because of the size, nature or scope of the proposed
project, it is not possible at this time to ascertain the full extent of the costs involved in processing the
application. APPLICANT and CITY fiu-ther agree that it is in the interest of the parties that APPLICANT
make payment of an initial deposit and to thereafter permit additional costs to be billed to APPLICANT on
a monthly basis. APPLICANT agrees additional costs may accrue following their hearings and/or
approvals. APPLICANT agrees he will be benefited by retaining greater cash liquidity and will make
additional payments upon notification by the CITY when they are necessary as costs are incurred. CITY
agrees it will be benefited through the greater certainty of recovering its full costs to process
APPLICANT'S application.
4. CITY and APPLICANT further agree that it is impracticable for CITY staff to complete
processing or present sufficient information to the Planning Commission and/or City Council to enable the
Planning Commission and/or City Council to make legally required findings for project consideration,
unless current billings are paid in full prior to decision.
5. Therefore, APPLICANT agrees that in consideration of the CITY's waiver of its right to
collect full fees prior to a determination of application completeness, APPLICANT shall pay an initial
deposit in the amount of $may which is for /,- hours of Community Development staff
time, and if actual recorded costs exceed the initial deposit, APPLICANT shall pay additional monthly
billings to CITY to reimburse the CITY for the processing of the application mentioned above, including
post approval review at a rate of $220.00 per planner hour over the initial deposit. Such periodic payments
shall be made within 30 days of the billing date. APPLICANT further agrees that failure to pay such
accrued costs shall be grounds for suspension of processing, and in no case will building permits be issued
until all costs associated with case processing have been paid.
CITY OF ASPEN
By:
Chris Bendon
Community Development Director
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