HomeMy WebLinkAboutcoa.lu.su.S Galena St.A66-98
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MEMORANDUM
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TO:
THRU:
The Mayor and City Council
Amy Margerum, City Manager
John Worcester, City Attorney
Julie Ann Woods, Community Development Director
FROM:
RE:
Mitch Haas, Planner
Tipple Lodge Amendment of 1979 Subdivision Exemption Agreement - Second Reading
of Ordinance No, 39, Series of 1998,
,DATE:
November 9, 1998 (continued from October 26, 1998)
SUMMARY: Pursuant to Section 26,88,070(B) (alk/a Ordinance Nwnber 53, Series of 1993), the
Tipple Lodge homeowners seek to amend the 1979 Subdivision Exemption Agreement (hereinafter
"Agreement") entered into by the Tipple Lodge Homeowners and the City of Aspen, Currently, the
property contains twelve (12) free-market, condominiwnized units (two with kitchens and ten
without kitchens, where) the ten units without kitchens are restricted to short-term lodge rental
only), The Agreement placed the following restrictions on the property:
(a) the ten lodge units shall be made available for short-term rental at market rates and shall
be registered with a central reservations entity in Pitkin County, Colorado; and, (b) no
kitchen shall be constructed in any of the lodge units without the owner thereof having obtained
a building permit therefor, it being specifically understood that the Growth Management Plan
(Article X of the Municipal Code) precludes the issue of a building permit for such construction
without the owner obtaining a residential allocation within the terms of the Growth
Management Plan; and, (c) the lodge units shall have local management which may be
different for different units,
The proposed amendments would change the above-cited restrictions to read as follows:
(a) the ten lodge units shall be maintained as lodge units, be made available for short-term
(less than six (6) months in duration) rental at market rates; and,(b) no kitchen shall be
constructed in any of the lodge units without the owner thereof having obtained a building
permit therefor, provided the addition of a kitchen complies with the provisions of Section
26.40,050, Kitchens In Lodge Units, of the Municipal Code, as it may be amendedfrom time to
time, and the owner of the lodge room has obtained any and all necessary Growth Management
allotments pursuant to the provisions of Chapter 26, I 00 (Growth Management Quota System)
of the Municipal Code as it may be amendedfrom time to time; and, (c) the lodge units may
have local management or be managed by their owners or authorized representatives, which
may be different for different units,
According to Section 5 of the 1979 Agreement, any proposed amendments require City Council
approval, Community Development Department staff recommends approval of the above
described amendments to the Tipple Lodge Subdivision Exemption Agreement, with
conditions.
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APPLICANT: Mary I. Faulkner, John 1. Faulkner, and John R. Faulkner, represented by Gary A.
Wright of Wright & Adger, LLP,
CURRENT ZONING: Lodgerrourist Residential (LrrR)
BACKGROUND: The existing Agreement was entered into when the owners of the Tipple Lodge
applied for condominiumization as an exemption from the definition of "subdivision" set forth in
the 1979 Municipal Code, The Recitations section of the 1979 Agreement explains why Council
placed the above-cited (p, 1 of this memo) restrictions on the Tipple Lodge, as follows: "Concerned
that the condominiumization might reduce the supply of short-term housing in the L-2 zone district
[now the LrrR zone] of the City of Aspen by virtue of lodge condominium unit owners' use of the
units as residences and/or withholding the lodge units from the rental market, the City Council
required, as a condition of its approval of the exemption application, that the Owner enter into an
agreement with the City restricting the use of the subject property and the condominium units
created therefrom,"
Given the conditions in 1979, the Tipple Lodge owners agreed to the restrictions imposed by the
City inasmuch as they reflected the status quo and were quite reasonable, Since 1979, the Lodge
Preservation (LP) zone district was created whereby lodges were provided with a simplified means
of expanding or converting to purely residential use, Similarly, Ordinance Number 29, Series of
1996 changed the City's definition of "lodge" to include the following language: "", for the
purpose of providing lodging facilities on a short or long-term basis , , , A lodge may include
kitchens within individual rental units," Thus, the current Land Use Code allows for kitchens in
lodge rooms, and both short- and long-term use of lodge rooms, While these changes do not apply
to lodges in the L/TR zone district, they do reflect a change in the City of Aspen's regulatory
approach to its lodge room inventory,
PREVIOUS ACTIONS: Please refer to the "Summary" and "Background" sections, above, In
addition, the memo provided to Council prior to first reading of the proposed ordinance mentioned
that the applicant was requesting changes to the Tipple Lodge building that would have resulted in
the creation of one (1) new residential unit. That portion of the original application was being
carried forward by staff as a GMQS Exemption request pursuant to Section 26,1 OO,050(B)(3)(a) of
the Land Use Code, which requires obtaining the approval of the Growth Management
Commission at a public hearing, The staff memo for first reading also stated that the Growth
Management Commission's decision would be made prior to City Council's Second Reading of
Ordinance Number 39, Series of 1998, Since then, on October 13, 1998, the Community
Development Department received, from the applicant, a request to withdraw the portion of
their application that proposed the change in use of one of the lodge rooms to a residential
dwelling unit by the addition of a kitchen.
, ,At the ,October 26; "'1998'Cdtlhcil"'heaRBg'i',concem was"expressed, ,by,some, council members, with
'regardto.removing.the",short-temFrentllJl.'restrictions,..It,was".explained'"byCouncilthat'many;non- .';
,15lhledgesthroughout.town;have:'short"temvrentaI,restrictions;and,that;removingralldfthl:rexisting
;",.' ;restrictrolIS''llI];7,the,q:ipple.Ludge:might;set..an;,unWll!l.tel:Lprecedelit. ;The.applicant;stated .that,;they
"wnlmh,re.-comfortable;with..-maintainingdhe;;soort4erm;rentaI.restrictionsrpro'l1idechthepIn-ase
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"short-tennll'"is'ClearlY";d~firi~d, .but woul~'lik-e"to "have the mandate. to keep the lodge rooms
',,~steretl"witfi. ai.tlen:tral"'reservati'0nS1,'e11tity .removed'from.'the 'Agreemeht in' ofdef 'to' allow
"'i:irdi:.;>:itlual: 'OWlfersro'rent''tfie''unitS,oo theit10Wri'aIfd'to"reduce.theeverhead'assoeiate&with a central
.. reservatiORS entity~
PROCEDURE: The amendment to the Subdivision Exemption Agreement is requested pursuant
to Section 26,88,070(B)(4) (aIkIa Ordinance 53-93), which requires a properly noticed public
hearing before the City Council. If an ordinance granting the proposed amendment is then
approved, a revised subdivision exemption agreement can then be prepared for signing/approval,
STAFF COMMENTS: The applicants are requesting to amend the Tipple Lodge's 1979
Subdivision Exemption Agreement pursuant to Section 26,88,070(B)(4), Minimum Lease Deed
Restrictions, of the Municipal Code, The aforementioned Section reads as follows:
Minimum lease deed restrictions imposed by the City Council as a condition of
condominiumization approval prior to July 1, 1992, shall only be modified or removed with the
consent of City Council,
The Land Use Code does not contain any review criteria, per se, that would be applicable to a
request for amendment of a Subdivision Exemption Agreement. Given the staff discussions
provided in the "Summary," "Background," and "Previous Actions" sections of this memo, above,
as well as the analysis provide below, staff recommends approval of the proposed amendments,
with a condition that the proposed ordinance contain a stipulation requiring that the exact language
of the amended agreement be subject to review and approval by the City Attorney,
The pro.posed amendment of provision "(a)" states that "the ten lodge units shall be maintained as
lodge units, be made available for shOrt-term (less than six (6) months in duration) rental at market
',.'J..., "~;""', d::' ~a!es::.irJ ~~ 'i€teti !'jr~l!g/;!l !tJJJ.! r8~8rnoHlm f)\ftelij fJ/t~fI !uit 8111181".!' 8'i~'~r " The ~ntentio~ of
"l;::.l';,,:,:y,,"":,'thls change IS to mamtam the lodge umts as part of the short-term rental lodge mventory m the City,
, while removing the requirement that the units be registered with a local reservation system, allowing
the owners of the lodge units to list and market the properties themselves,
The proposed amendment of provision "(b)," states that "no kitchen shall be constructed in any of the
lodge units without the owner thereof having obtained a building permit therefor, provided the addition
of a kitchen complies with the provisions of Section 26.40,050, Kitchens In Lodge Units, of the
Municipal Code, as it may be amended from .time to time, and the owner of the lodge room has
obtained any and all necessary Growth Management allotments pursuant to the provisions of Chapter
, 26,100 (Growth Management Quota System) of the Municipal Code as it may be amended from time to
time," This proposed amendment would require compliance with Section 26.40,050, Kitchens In
Lodge Units, of the Land Use Code, which states that, "Whenever kitchen facilities are installed in
a lodge in the Lodge/Tourist Residential (UTR) zone district, such unit shall be deemed a multi-
family unit and the lodge shall be required to satisfY the minimum lot area requirements for a
multi-family dwelling unit as provided in this title," The intention of this proposal is to allow for
the possibility of adding kitchens while ensuring that applicable reviews would be carried out. It is
important to note that while this amendment recognizes the potential to add kitchens, the LrrR
zone district bases its allowable densities on the number of bedrooms in a development, and
requires 1,000 square feet of lot area per bedroom, This dimensional requirement renders the
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existing use nonconforming (the property contains 12 bedrooms but less than 12,000 square feet of
land), Therefore, kitchens cannot be added unless a code amendment is completed or more land
area is acquired, but the Agreement would not preclude the addition of kitchens if one of these
prerequisites is met.
The proposed amendment of provision "(c)," states that "the lodge units may have local management
or be managed by their owners or authorized representatives, which may be different for different
units," This proposal is simply intended to allow the lodge room owners, or any representative(s) they
expressly authorize, to manage their own units,
In total, staff believes that the proposed amendments would maintain the original intent of the
Agreement by ensuring the Tipple Lodge's continued contribution to the supply of short-term housing
in the L/TR zone district by virtue of restricting lodge condominium unit owners' use of the units as
residences and/or withholding the lodge units from the rental market.
RECOMMENDATION: Staff recommends approval of an Amendment to the Tipple Lodge
Subdivision Exemption Agreement as proposed on page 1 of this memorandum with the condition
that "the exact language of the amended agreement will be subject to review and approval by the
City Attorney," ,
RECOMMENDED MOTION: "I move to approve Ordinance Number 39, Series of 1998, on
second reading, approving the proposed Amendments to the Tipple Lodge Subdivision Exemption
Agreement with the condition recommended by staff,"
CITY MANAGER'S COMMENTS:
ATTACHMENT: Proposed Ordinance Number 39, Series of 1998
c:/home/mitchh/counciVtipldge2.doc
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MARY 1. FAULKNER
TIPPLE LODGE
P. O. Box 147 Aspen, CO 81612
(970) 925-3764
TO: Mayor and City Council
RE: Ordinance 39 - Public Hearing, Part 2
9 NOV
Dear Mayor and Council:
I would like to comment on a few matter~ that came up
during our public hearing on October 26th, now that I have
had the benefit of reviewing the video tape of the hearing.
A. Overview: What we are seeking in our Application
is not complicated nor does it have any far-reaching
consequences. Essentially, we are requesting permission to
provide a slightly different kind of tourist-oriented
lodging. To do so requires a modification of the Agreement
we signed nearly twenty years ago. Times change, and we
need to change with them.
B. A Brief History: In 1971, my then-husband, John,
and I bought a duplex and named it "Tipple Lodge." Yes, a
duplex, not a lodge. Since each of the bedrooms had a
private bath and could be separately locked off, we saw
rental potential. We thought it would be fun to run a ski
lodge. Little did we know... No permission from City,
Council was required; the building inspector approved the
use, and we bought a business license. The neighbors in our
subdivision didn't like it one bit. All of them were and
still are single-family absentee homeowners, and they didn't
like the idea of a lodge in their residential neighborhood _
they still don't. We had to build them a parking lot and
make quite a few other expensive concessions.
After a few years, John left to get his PhD. I
continued to run the lodge (and manage the Tipple Inn next
door as well). Then in 1978, John and I amicably divorced.
Wishing to divide our marital property, we decided to
condominiumize. [A few years later, one room was sold - to
John's father.) We agreed to continue to operate the
property as a lodge since that was the logical use at the
time.
C. Clarifications: Concerning the Staff Report, we
did not cite the Colorado Common Interest Ownership Act in
our application and, indeed, I had never heard of it. This
was a Staff interpretation, not ours. Neither did we desire
nor seek comparison with other lodges - and certainly not
those in the "Lodge Preservation Zone." We are in the
"Lodge/ Tourist Residential Zone" and are completely
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surrounded - not by lodges, but by luxury single-family and
mUlti-family townhomes and condominiums, most of which lie
vacant. Despite our prime location, we are by no means in
the "heart of the Lodging district"; rather, we are the odd
duck. In fact, 72% of our nearest neighbors don't live
here. Some of the properties, of course, are rented by the
night to tourists, but the owners are under no obligation to
provide overnight lodging. And, as you recall, you
recently approved the demolition of the Tippler bar and
restaurant - not for the construction of a lodge, but for
another allowable use in this so-called Lodging district;
namely townhomes, one of which will be located ten feet away
from my window. Once the Tippler Townhomes are built, the
Tipple Lodge will not be visible from the street. It is
barely visible now.
Rather than mourn the passing of an era and complain
about our neighbor's plans, we began to consider other ways
to operate more effectively. Even though the rooms are
quite small (approximately 285 square feet), over the years
we have received many requests for stays of three or four
months. If we didn't have to pay large commissions and fees
for maid service, costs which currently total 46% of the
gross revenue before expenses (another 34%), it could work.
All we are asking for is a different kind of lodging;
one that won't require maid service, commissions and big
(and obviously ineffective) advertising budgets. In ,
particular, we do not wish to be "registered with a central
reservations entity" since they are set up for nightly
reservations. If we can delete that requirement and state
that "short-term" means less than six months, Paragraph (a)
of the restrictions will be satisfactory. Paragraph (b) is
redundant but acceptable. Paragraph (c) is also okay. I
was the "local management" in 1979, and I so remain. The
company that now provides front desk and maid service
happens to be a "property management company", but by no
stretch of the definition has it "managed" the Tipple Lodge.
I've had to do that myself for 27 years.
D. The Future: What would this mean in terms of the
future? It seems plausible that some day the building will
be demolished and be replaced with upscale units. Nothing
lasts forever, and it would be a natural evolution of the
property to construct a few townhomes in order to conform
with all of the other surrounding uses. However, before
anything can be rebuilt on the site, there is a complex and
exorbitantly expensive process to go through, none of which
will be made any easier by what you do tonight. Can a
single-family monster home be built on the site? No, the
lot is 7,200 sq. ft., (larger than the maximum 6,000). A
duplex? No, same reason. MUlti-family? Yes, but nothing
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on the scale of the Tippler Townhomes. Would anyone in his
right mind construct a 10-unit lodge with tiny rooms?
Probably not. There wasn't even one here to begin with.
Much as we may wish to have "our" small lodges at the base
of the mountain, the reality is that the existing properties
(other than ours) are luxury hotels, multi-million dollar
townhomes, expensive condos and single-family mansions.
E. Conclusion: Inasmuch as market conditions have
changed dramatically over the past two decades and, desi ring
a different and more cost-effective approach to providing
tourist-oriented lodging, we respectfully request that our
Subdivision Exemption Agreement of 1979 be amended. In
particular, we request that Paragraph 2.(a) be amended to
state that:
(1) "Short-term rentals" are defined to be rentals of
less than six (6) months; and,
(2) The requirement that the units be "registered
with a central reservations entity" is deleted altogether.
My very best regards,
~~J,,~~~
Mary I. Faulkner
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MEMORANDUM
TO:
The Mayor and City Council 1 I /
Amy Margerum, City Manager W
'John Worcester, City Attorney r
Julie Ann Woods, Community Development Deputy Directo , I
Mitch Haas, Planne~
Tipple Lodge Amendment of 1979 Subdivision Exemption Agreement - Second
Reading of Ordinance No, 39, Series of 1998,
THRU:
FROM:
RE:
DATE:
October 26, 1998
SUMMARY: Pursuant to Section 26,88,070(B) (alk/a Ordinance Number 53, Series of 1993), the
Tipple Lodge homeowners seek to amend the 1979 Subdivision Exemption Agreement (hereinafter
"Agreement") entered into by the Tipple Lodge Homeowners and the City of Aspen, Currently, the
property contains twelve (12) free-market, condominiumized units (two with kitchens and ten
without kitchens, where the ten units without kitchens are restricted to short-term lodge rerital
only), The Agreement placed the following restrictions on the property:
(a) the ten lodge units shall be made available for short-term rental at market rates and shall
be registered with a central reservations entity in Pitkin County, Colorado; and, (b) no
kitchen shall be constructed in any of the lodge units without the owner thereof having obtained
a building permit therefor, it being specifically ,understood that the Growth Management Plan
(Article X of the Municipal Code) precludes the issue of a building permit for such construction
without the owner obtaining a residential allocation within the terms of the Growth
Management Plan; and, (c) the lodge units shall have local management which may be
different for different units,
The proposed amendments would remove all rental restrictions, According to Section 5 of the
Agreement, any proposed amendments require City Council approval,
Community DeveloPment Department staff recommends approval of the Tipple Lodge's
requested Amendments to the Subdivision Exemption Agreement, with conditions.
APPLICANT: Mary 1. Faulkner, John L. Faulkner, and John R, Faulkner, represented by Gary A.
Wright of Wright & Adger, LLP,
CURRENT ZONING: LodgefTourist Residential (LfTR)
BACKGROUND: The above described Agreement was entered into when the owners of the
Tipple Lodge applied for condominiumization as an exemption from the definition of "subdivision"
set forth in the 1979 Municipal Code, The Tipple Lodge was the first lodge in Aspen to request
condominiumization, The Recitations section of the Agreement explains why Council placed the
above-cited (p, 1 of this memo) restrictions on the Tipple Lodge, as follows: "Concerned that the
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condominiumization might reduce the supply of short-term housing in the L-2 zone district [now
the L/TR zone] of the City of Aspen by virtue of lodge condominium unit owners' use of the units as
residences and/or withholding the lodge units from the rental market, the City Council required, as
a condition of its approval of the exemption application, that the Owner enter into an agreement
with the City restricting the use of the subject property and the condominium units created
therefrom,"
Given the conditions in 1979, the Tipple Lodge owners agreed to the restrictions imposed by the
City inasmuch as they reflected the status quo and were quite reasonable, Since 1979, conditions
have changed considerably, For instance, since 1979 large hotels such as the St. Regis (Ritz
Carlton) and the Little Nell have been constructed, adding hundreds of rooms to the tourist rental
market. The consequences of removing the ten (10) Tipple Lodge rental units from the nightly
rental market would be negligible, especially given that many of the rooms in the Tipple Lodge lie
vacant during prime winter and summer seasons,
Also since 1979, countless multi-family buildings have condominiumized without having to accept
any restrictions on their use, In addition, the Lodge Preservation (LP) zone district was created
whereby lodges were provided with a simplified means of expanding or converting to purely
residential use, Similarly, Ordinance Number 29, Series of 1996 changed the City's definition of
"lodge" to include the following language: "", for the purpose of providing lodging facilities on a
short or long-term basis, , , A lodge may include kitchens within individual rental units," These
changes in conditions since 1979 seem to imply that fairness would require removal of the
restrictions contained in the Tipple Lodge Subdivision Exemption Agreement. That is, the current
Land Use Code allows for kitchens in lodge rooms, both short- and long-term use of lodge rooms,
and condominiumization without the imposition of restrictions,
Finally, in 1992, the State legislature adopted the Colorado Common Interest Ownership Act
(CCIOA), which conflicted with certain provisions of the Aspen Municipal Code governing the
subdivisionlcondominitmllzation approval process as adopted by the City, In response, the City
Council adopted Ordinance Number 53, Series of 1993, Ordinance Number 53, Series of 1993
repealed those portions of the "condominiumization" section of the Land Use Code that required
minimum lease deed restrictions and the payment of affordable housing impact fees as conditions
of approval for condominiumization, Section 9 of Ordinance 53-93 stated that the repealing of
these requirements "shall be applied retroactively to those condominiumization approvals granted
in Ordinances 92-44, 92-69, 93-26, 93-28, and 93-33," Section 9 of Ordinance 53-93 goes on to
state that, "At the applicants' request, the City Council will remove the deed restrictions and refund
the employee housing mitigation fees that were required as a condition of the above cited
condominiumization approvals," Having reviewed each of these ordinances, staff is of the opinion
that the intention was to include all preexisting condominiumization approvals, but most likely left
out the Tipple Lodge inadvertently since it was done in 1979 (14 years prior) via Subdivision
Exemption Agreement (no Ordinance),
Given the changes to the City's condominiumization regulations, the adoption of the LP program,
and the revisions to the definition of "lodge," the Tippler Lodge Subdivision Exemption Agreement
is the equivalent of a "nonconforming agreement." That is, the Agreement was consistent with
regulations in affect at the time of its drafting and adoption, but subsequent changes to the Land
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Use Code have made the provisions of the Agreement inconsistent with today's regulations, The
proposed amendment would bring the Subdivision Exemption Agreement back into conformance
with today's Land Use Code regulations,
PREVIOUS ACTIONS: Please refer to the "Summary" and "Background" sections, above, In
addition, the .memo provided to Council prior to first reading of the proposed ordinance mentioned
that the applicant was requesting changes to the Tipple Lodge building that would have resulted in
the creation of one (1) new residential unit. That portion of the original application was being
carried forward by staff as a GMQS Exemption request pursuant to Section 26.l00,050(B)(3)(a) of
the Land Use Code, which requires obtaining the approval of the Growth Management
Commission at a public hearing, The staff memo for first reading also stated that the Growth
Management Commission's decision would be made prior to City Council's Second Reading of
Ordinance Number 39, Series of 1998, Since then, on October 13, 1998, the Community
Development Department received, from the applicant, a request to withdraw the portion of their
application that proposed the change in use of one of the lodge rooms to a residential dwelling unit
by the addition of a kitchen,
PROCEDURE: The amendment to the Subdivision Exemption Agreement is requested pursuant
to Section 26,88,070(B)(4) (alk/a Ordinance 53-93), which requires a properly noticed public
hearing before the City Council. If the GMQS Exemption is obtained and an ordinance granting
the proposed amendment is then approved, a revised subdivision exemption agreement can then be
prepared for signing/approval,
STAFF COMMENTS: The applicants are requesting to amend the Tipple Lodge's 1979
Subdivision Exemption Agreement pursuant to Section 26,88,070(B)(4), Minimum Lease Deed
Restrictions, of the Municipal Code, The aforementioned Section reads as follows:
Minimum lease deed restrictions imposed by the City Council as a condition of
condominiumization approval prior to July 1, 1992, shall only be modified or removed with the
consent of City Council.
The Land Use Code does not contain any review criteria, per se, that would be applicable to a
request for amendment of a Subdivision Exemption Agreement. Given the staff discussions
provided in the "Summary" and "Background" sections of this memo, above, staff recommends
approval of the proposed amendments, with conditions, The first recommended condition would
state that "any requests for conversion(s) or change(s) in use from lodge to residential will be
reviewed and evaluated in terms of the cumulative impact of all conversions applied for (both
present and past), as well as in accordance with the provisions of Chapter 26,100, Growth
Management Quota System, and Title 26, Land Use Code, of the Aspen Municipal Code," The
proposed ordinance also contains a stipulation stating that the exact language of the amended
agreement will be subject to review and approval by the City Attorney,
RECOMMENDATION: Staff recommends approval ,of an Amendment to the Tipple Lodge
Subdivision Exemption Agreement as proposed in,Exhibit A, attached hereto, with the conditions
that: first, "any requests for conversion(s) or change(s) in use from lodge to residential will be
reviewed and evaluated in terms of the cumulative impact of all conversions applied for (both
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present and past), as well as in accordance with the provisions of Chapter 26.100, Growth
Management Quota System, and Title 26, Land Use Code, of the Aspen Municipal Code;" and
second, that "the exact language of the amended agreement will be subject to review and approval
by the City Attorney,"
RECOMMENDED MOTION: "I move to approve Ordinance Number 39, Series of 1998, on
second reading, approving the proposed Amendments to the Tipple Lodge Subdivision Exemption
Agreement with the conditions recommended by staff,"
CITY MANAGER'S COMMENTS:
EXIllBITS:
Exhibit A - The applicants' proposed amendments to the Subdivision Exemption Agreement),
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AFFIDAVIT OF NOTICE PURSUANT
TO ASPEN LAND USE REGULATION
SECTION 26.52.060 (E)
,
, I
I
County of Pitkin }
} 58.
State of Colorado }
L In r t2 y I~ Ff1-1A. I- 1< N I::: r?. , being or representing an
Applicant to the City of Aspen, personally certify that I have complied with the public notice
requirements pursuant to Section 26.52,060 (E) of the Aspen Land Use RegJJlations in the following
manner:
1, By mailing of notice, a copy of which is attached hereto, by fIrst-class, postage prepaid
U,S, Mail to all owners of property with three hundred (300) feet of the subject
property, as indicated on the attached list, on the /;- day of CJc:r ,l99r(which is II
days prior to the public hearing date of IO~, lin
,
2, By posting a sign in a conspicuous place on the subject property (as it could be seen
from the nearest public way) and that the said sign was posted and visible continuously
from the j S; day of ~
, 199[ (Must be posted for at 1eastten (10) full
date), A photograph of the posted sign is attached hereto,
~\j.-f~
Si '
Signed before me this '
""'''-70,'31:',('
..,2./ 6L day
, 199!by
ASPEN SKllNG COMPANY
PO BOX 1248
ASPEN, C081612
CRA WFORD JACK B
CRAWFORD DON
PO BOX U3
ASPEN, CO 81612
BRIGHT CONDOS
LOUISIANA GENERAL PARTNERSHIP
12301 N GRANT ST #130
THORTON, CO 80241
KRAJIAN RON N
2700 NEWPORT BLVD #222
NEWPORT, CA 92663
COLORADO RESORT PROPERTY
GENERAL PARTNERSHIP
10218 ELLA LEE LN
HOUSTON, TIC 77042
ONDAATJE VALDA
C/O MR JOE RACZALE NORTH OF
NELL
555 E DURANT
ASPEN, CO 81611
ZEFF ELEANOR E
ZEFF ROBERT H
555 E DURANT AVE
ASI'EN, CO 81611
BOURQUARD RICHARD E
O'SHAUGHNESSY JANE A
2492 E TERRARIDGE DR
HIGHLANDS RANCH, CO 80126
DA VlDSON STUART C
DA VlDSON SALLY F
3415 VOLTA PLACE NW
WASHINGTON, DC 20007
DAL Y CONSTRUCTION INC
520 W HALLAM ST
ASPEN, CO 81611
,-,., ,
:RAJIAN RONALD N
617 E COOPER AVE #114
ASPEN, CO 81611
BRIGHT EDGAR A G JR
300 PLAZA ONE SHELL SQUARE
NEW ORLEANS, LA 70139
KRAJIAN RONALD N
617 E COOPER A VE#114
ASPEN, CO 81611
ASPEN SKIING COMPANY
PO BOX 1248
ASPEN, C081612
WOODS RICHARD R TRUST
C/O BOA TMENS TRUST CO
PO BOX 14633
ST LOUIS, MO 63 178
CHRIST CHRISTIAN & LOTTI
PO BOX 2943
ASPEN, CO 81612
KUYF AR 8< CO
A PARTNERSHIP
2609 SPRING GROVE TERR
COLORADO SPRINGS, CO 80901
CHABA Y MARION
CHABA Y ILAN
1532 PELICAN POINT DR STE 141
SARASOTA, FL 3423,1
COLONY RAYMOND F & ANITA L
631 VIA DE SUENOS
GREEN VALLEY, AZ 85614
LARSON KARL G
LARSON M MADELEINE
20IN MILL ST STE 109
ASPEN, CO 81611
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KRAJIAN RON N
2700 NEWPORT BLVD #222
NEWPORT, CA 92663
BRIGHT CONDOS
A LOtJISIANA GENERAL, I
P ARTNERSHII!-".__,._.. ,___
300 PLAZA ONE SHELL SQUARE
NEW ORLEANS, LA 70139 I
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MORGRIDGE JOHN D & CARRIE A
TRUSTEES OF
MORGRlDGE REVOCABLE TRU1/T
368 WILLOUGHBY WY PO BOX j279
ASPEN, CO 81612 I
A J GREGG REALTY L TO
C/O GREGG DAN
1464(i RIVER GLENN
NOVELTY, OH 44072
BAKER HUGH LEE JR
CASEY NANAH B
555 E DURANT AVE STE 2K
ASPEN, CO 81611
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BURGESS HUBERT & JO ANNE I
LIVING TRUST
7138 MEADOWCREEK DR I
DALLAS, TIC 75240-2715
BICKERS E E
BICKERS DOROTHY
555 E DURANT ST
ASPEN, CO 81611
PUCHY SHIRLEY
PO BOX 6382
PARRAMATTA NSW2150
AUSTRALIA,
DALY CONSTRUCTION INC
520 W HALLAM ST
ASPEN, CO 81611
DALY CONSTRUCTION INC
520 WHALLAM ST
ASPEN, CO 81611
DALY THOl'vlAS 1
DAL Y JUDITH 1
520 W HALLAM ST
ASPEN, CO 816J 1
DAL Y THOl'vlAS 1
DALY JUDITH 1
520 W HALLAM ST
ASPEN, CO 81611
WEINGLASS LEONARD
PO BOX 11509
ASPEN, CO 81612
KUYFAR&CO
A PARTNERSHIP
2609 SPRING GROVE TERR
COLORADO SPRINGS, CO 80906
GARRITANO THOMAS A
B041.1144
CHICAGO, IL 60641
SHAPIRO EUGENE B
SHAPIRO l'vlARLENE R
5 REVERE DR STE 405
NORTHBROOK, IL 60062
HYMAN BARBARA L
150 BRADLEY PL #405
PALM BEACH, FL 33480
GORDON DAVID F
GORDON LETICIA B
4101 QUAIL PARK DR
WEST DES MOINES, IA 50265
NAYLOR IRVIN S
RD#9
YORK, PA 17402
RESNICK ARTHUR DONN 70%
RESNICK EDITH L 30%
24555 SOUTHFIELD RD STE 108
SOUTHFIELD, MI 48075
'-"'ALY THOMAS 1
0AL Y JUDITH 1
520 W HALLAM ST
ASPEN, C081611
, DALY THOMAS 1
DALY JUDITH 1
520 W HALLAM ST
ASPEN, CO 81611
SALTON MARY
221, V ALLEY RD
ITHACA, NY 148.50
PEDERSON 10SEPH G
BASTIL DEAN D
10500 W SIL VER SPRING DR
MILWAUKEE,WI 53225
GUSSEL JOHN THOl'vlAS
PO BOX 447
WISCONSIN DELLS, WI 53965
DURWARD SUSAN & QUENTIN
1383 FOX RIDGE TR
SIOUX CITY, IA 51104
KOVAL BARBARA TRUST
KOVAL BARBARA AS TRUSTEE
555 E DURANT CIO NOR.TH OF NELL
ASPEN, CO 81611
CARELLA RICHARD 1 & lOAN
418 MILL CREEK RD
GLADWYNE, PA 19035
OWEN RICHARD W
11200 LUXMANOR RD
ROCKVILLE, MD 20852
SHAPIRO EUGENE B & MARLENE R
PEARLMAN SUSAN & SHAPIRO
STEVEN CIO
555 E DURANT #2-1
ASPEN, CO 81611
~ALYTHOMAS l'
DALY JUDITH 1
520 W HALLAM ST
ASPEN, CO 81611
DAL"(THOMAS 1
DALY. JUDITH 1
520 WHALLAM:H,.,_,..___'
ASPEN, CO 8i6lI
BEAN ROBERT B
HILLTOP RD WILSON POINT
NORWALK, CT06854
FRAZIER lAMES M & RUBY lANj
1330 W GlACONDA WY
TUCSON, AZ 85704 I '
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, GROSSE EDWIN 1 & ADELINE M
23049 FARMINGTON RD
FARMINGTON HILLS, MI 48336
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KIRSCHENBAUM DAVID TRUSTEE
CIO NORTH OF NELL ' I
CONDOMINIUMS
555 E DURANT AVE I
ASPEN,C0816II1 !
SADA ROGELlO C
NORTH OF NELL CONDO CIO I
555 E DURANT #3M '
ASPEN,C081611
GOODWIN WILLIAM N
604 LOCUST ST STE 212
DES MOINES, IA 50309
NORTH OF NELL CONDO ASSOC
555 E DURANT AVE I
ASPEN,C08161I '
, SHERWIN GREG
2992 SHADOW CRK DR #M302
BOULDER, CO 80303
WEATHERBY LIVING TRUST
C/O WEATHERBY
825 REEF RD
VERO BEACH, FL 32963
i""'""lILLIPS STEVEN J
,,300 WOODLAND AVE
DES MOINES, IA 50312
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--'lTZ EUGENE I
NORTH OF NELL CONDO ASSOC CIO
555 EAST DURANT
ASPEN, C08I611
DRAKE NANCY W
C/O GLAUBERMAN
9 E 40TH ST - 7TH FLOOR
NEW YORK, NY 10016-0402
HERSHORN PETER
555 E DURANT AVE
ASPEN, CO 81611
GRENKO PROPERTIES L TO
PO BOX 1120
CARBONDALE, CO 81623
COOPER JOHN A
1801 FOREST HILLS BLVD
BELLA VISTA, AR 72714
, LITTLE NELL HOTEL
ASPEN SKIING CO
675 E DURANT
ASPEN, CO 81611
ASPEN SKIING COMPANY
PO BOX 1248
ASPEN, CO 81612
FAULKNER MARY I
PO BOX 147
ASPEN, CO 81612
FAULKNER JOHN L
PO BOX 147
ASPEN, CO 81612
FAULKNER MARY I
PO BOX 147
ASPEN, CO 81612
FAULKNER MARY I
PO BOX 147
ASPEN, CO 81612
FAULKNER MARY I
PO BOX 147
ASPEN, CO 81612
"FAULKNERMARY I
PO BOX 147 ,
ASPEN, CO 81612
FAULKNER MARY I
PO BOX 147
ASPEN, C081612
FAULKNER JOHN L
PO BOX 147
ASPEN, CO 81612
FAULKNER JOHN L
POBOX 147
ASPEN, CO 81612
FAULKNER JOHN R
PO BOX 250601
FRANKLIN, MI 48025
FAULKNER JOHN L
PO BOX 147
ASPEN, C0816I2
FAULK...'ffiR JOHN L
PO BOX 147
ASPEN, CO 81612
WILLIAMS JOHN C
CIO ACCOUNTING OFFICE
747 S GALENA ST
ASPEN, CO 81611
SASSAFRAS IMMO INC
PATTERSON WILLIAM R C/O
999 PEACHTREE ST NE #2300
A TLANT A, GA 30309-3996
NOREN LARA L & STEPHEN C
10927 BRIGANTINE DR
INDIANAPOLIS, IN 46256-9544
WILSON ROBERT S
WILSON MARJORIE A
747 S GALENA STE 6-C,
ASPEN, CO 81611
DICKIE DR E GORDON
747 S GALENA ST #D-6
ASPEN, CO 81611
TICONDEROGA COMPANY
3108 COVINGTON LAKE DR
FT WAYNE, IN 46804
STOL TZ WAGNER AND BROWN
A TEXAS PARTNERSHIP-C/O REAL
ESTATE TAX
PO BOX 771
ABILENE, TIC 79604
GERMANOW IRVING
13 TOBEY WOODS
, PITTSFORD, NY 14534
DURANT CONDOMINIUM
ASSOCIATION
EMPLOYEE HOUSING UNIT 14
747 S GALENA
ASPEN, CO 81611
SUNSHINE PARTNERS
A PARTNERSHIP,
PO BOX II
ASPEN, CO 81612
~URANT CONDOMINIUM
ASSOCIA nON
747 S GALENA ST
ASPEN, C081612
TULIP ANI FAMILY TRUST
PO BOX 2895
SAN RAFAEL, CA 94912
TRUST A UNDER THE WILL OF JACK
I' HUNT
HUNT JAMES S JR CIO
1700 NW 97 TERR
CORAL SPRlNGS, FL 33071
MILLER TANYA B
2445 W GULF DR
SANIBEL [SLAND, FL 33957
GURTNER THOMAS & NANCY
CO TRUSTEES
747 S GALENA
ASPEN, CO 8161 I
FRIEDMAN KARL
4030 S HUDSON WY
ENGLEWOOD, CO 80110
RATHE JOHN C AND FERN I' 1/2
MADDRELL BEVERL Y J 1/2
2819 17TH ST PL
MOLINE,IL61265
SAX DONALD C
PO BOX 12351
ASPEN, CO 81612
LOWNES VICTOR A
cro ASPEN LODGING CO
747 GALENA STREET (DURANT 3.D)
ASPEN, CO 816!l-187I
TOBEY ROBERT W
TOBEY PATRICIA A
4 I CHERRY HILLS FARM DR
ENGLEWOOD, CO 80110-7113
WETMORE DEBORAH J
C/O CHARLES T BRANDT
COLORADO NATIONAL
BANK BLDG 420 E MAIN ST STE 204
ASPEN, CO 8161 I
TULIPANI RUDY L TRUST
MCKEAG DONNA
PO BOX 2895
SAN RAFAEL, CA 94912-2895
WATKINS DANHTRUSTEE
931 36TH ST
MOLlNE,IL 61265
VANMETER STEPHEN W & SHARON
H
1352 BAY AVE
ALAMEDA, CA 94501
FALENDER STEVEN M
712 S GALENA ST
ASPEN, CO 8161 1
ROSE EDWARD D & JULIE 1/2 INT
1001 MIDWEST CLUB
OAKBROOK, 1L 60521
PASQUINELLI MARYANN
FASCHING HAUS CONDOMINIUM #10
747 S GALENA ST
ASPEN, CO 8161 1
LIEBEL CRAIG E
324 E 4TH ST
CINCINNATI, OH 45202
FINKLE ARTHUR A &; AMELIA,
3\5 CASUARINA CONCOURSE
CORAL GABLES, FL 33143
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AGREEMENT
9555 LADUE RD
ST LOUIS,MO 63124-\339
SIMMONS SUSAN K
31381'MONTERREY ST
S LAGUNA, CA 92677
MOORE PHILIP B & KATHLEEN
747 S GALENA ST
ASPEN, CO 81611
ESTABROOKS JEFFREY & PATRICrA
AN UNDIVIDED 87% INTEREST ND
37 EMERALD BAY'
LAGUNA BEACH, CA 92651
TALLlCHET DAVID C JR TRUSTE 1/2
'T ALLlCHET CECILIA A UND 1/2
4155 EAST LA'PALMA AVE
ANAHEIM, CA 92807
BAUERRACHAELANN
521 E COOPER ST
ASPEN, CO 81611
MEYERS NEll S
C/O RESORT WORLD
2800N POINCIANA
KISSIMMEE, FL 34746
LIVINGSTON DAVID
MYRIAD INVESTMENTS INC
1003 I' ARCHEMENT DR S E
GRAND RAPIDS, MI 49506
HAMPTON R M
1701 N HOBART
PAMPA, TX 79065
RIDOUT WAYNE E & ROBBYE L
35 COUNTRY CLUB CIR
SEARCY, AR 72\43
CASTELLANO WILLIAM A & MARY B
1001 MIDWEST CLUB
OAK BROOK, IL 6050 I
CASTELLANO WILLIAM A & MARY B
10001 MIDWEST CLUB
OAKBROOK,IL 60521
RAMYEAD VISHNU & TElKA
6161 WOODLAND VIEW DR
WOODLAND HILLS, CA 91364
TAVEL MORTON & CAROL
1139 FREDERICK DR S
INDIANAPOLIS, IN 46260
MILLER LELAND L
4909 S ALBION ST
LITILETON, CO 80121
LONG CHRISTOPHER M & WARNER B
5207 CHAPS CT
COLUMBUS, OH 43221
MILLER LELAND L
4909 S ALBION ST
LITILETON, CO 80121
MILLER LELAND L
4909 S ALBION ST
LITTLETON, CO 80121
MONTGOMERY M MEAD & ANNE M
945 OLD GREEN BAY RD
WINNEKT A, IL 60093
GARBER HARRY
76 MULBERRY AVE
GARDEN CITY, NY 11530
I""':'LERS BEN E
5505 WESTWOOD DR
DES MOINES, lA, 50312-20 14
ANDERSON BRIAN & JULIE
42 HIGHLAND AVE
MONMOUTH BEACH, NJ 07750
FASCHING HAUS CONDOMINIUM
ASSOC INC
747 S GALENA ST
ASPEN, CO 8161 I
MA TIESON SCOT & KIMBERLY A
19 CLEARMONT
NEWPORTCOAST, CA 92657
LONG GODFREY M JR
THURBON ROBERT W JR
1034 ST PAUL RD
CINClNNA TI, OH 45202
BESMAN PASCAL & LINDA
275 KINGS POINT RD #4D-E
KINGS POINT, NY 11024-1012
ROLF ROBERT WILLIAM
520 SW Y AMHILL ROOF STE #4
PORTLAND, OR 97204
CAMPDERA ANTONIO J
5934 ROYAL LN STE 214
DALLAS, TX 75230
PATRICK GARY R & PATRICIA A
537 MARKET ST STE 202
CHATIANOOGA, TN 37402
MARSH JAMES W & BEVERLY M
AS JOINT TENANTS
815 TROPICAL CIR
SARASOTA, FL 34242
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JLSENM A R SHALL G & SUSANt'
2030 N SEDGWICK #p
CHICAGO, IL 60614
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PASQUINELI..I SALLIE S I
FASCHING HAUS CONDOMINIUM
747 S GALENA ST #9 I
ASPEN, CO 81611
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DEGEL ROBERT H
706 DANISH DR
GRAND PRAIRIE, TX 75050
MILLER LELAND L
4909 S ALBIONST
LlTILETON, CO 80121
"pIANULIAS JAMES C
1105 QUAIL ST
NEW PORT BEACH, CA 92660
ENGLISH SHARON A
FALKENSTEIN WILLIAM
6 ST ANDREWS CT
FRISCO, TX 75034
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RHOADES CHRISTINE ANN LYON i
LIVING TRUST I
644 GRIFFITH WY ,
LAGUNA BEACH, CA 92651 I
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MILLER LELAND L
4909 S ALBION ST
LITTLETON, CO 80121
QUIRK FRANK E TRUSTEE
500 FIRST NATIONAL TOWER
AKRON,OH44308
MILLER LELAND L
4909 S ALBION ST
LITTLETON, CO 80121
MCGORMAN MICHAEL & HELEN
PO BOX215
BALGOWLAH AUSTRALIA, 2093
M & M INVESTMENTS
MAYER CHARLES C/O
206 HIGHLAND DR
STERLING, CO 8.0751
PLATTS JOHANNA E
740 FLAGSTAFF RD
BOULDER, CO 80302
HOLMAN CARL REYBURN JR
TRUSTEE U/A
3 LORENZO LN
ST LOUIS, MO 63124
FLYNN MICHAEL T
GOOCH WILLIAM A
i021ISTAVE#TG
SEATTLE, WA 98121
BAER THOMAS H
150 CLAYTON AVE
ERIE, P A 16509
BRONSON PHYLLIS
PO BOX 11389
ASPEN, CO 81612
SA V ANAH LIMITED PARTNERSHIP
ASPEN MTN LOT 5
1925 CENTURY PARK E STE 1900
LOS ANGELES, CA 90067
KIRlANOFF T GREGORY & PATRICIA
2664 HUTTON DR
BEVERLY HILLS, CA 90210
GONDEK CHARLENE ANN
PO BOX H
ASPEN, CO 81612
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, IATSON MARCIA J
PO BOX 3412
ASPEN,CO 81612
BROOKS MURRAY J REVOCABLE
TRUST
850 GEORGIA AVE
WINTER PARK, FL 32789
MILLER BECKY BC
200-06 CROSS ISLAND PKWY
BA YSIDE. NY 11360
GAME GEORGE J
GAME PATRICIA E
5009 EXCELSIOR BLVD
MINNEAPOLIS, MN 55416
DART ELIZABETH RODWELL
747 GALENA ST ALPENBLICK BIO
ASPEN, CO 81611
WKPARTNERS
172 LONG NECK POINT
DARlEN, CT 06820
PATTERSON L S & F E TRVST 60%
SCHNEIDER CAP A TTERSON 40%
580 CEMETERY LN
ASPEN, CO 81611
SA VANAH LIMITED PARTNERSHIP
ICE RINK
1925 CENTURY PARK E STE 1900
LOS ANGELES, CA 90067
MANDELBAUM MERVYN &
JEANETTE TRUSTEES
MANDELBAUM DANIELLE &
JACQUELINE
1735 SOUTH SANTA FE AVE
LOS ANGELES, CA 90021
HENN PRESTON B & BETTY D
3501 W SUNRISE BLVD
FT LAUDERDALE, FL 33311
'-.
AIDDELBERG MARIA B
DBA MODETTE
150 PURCHASE ST
RYE, NY 10583
MOLITOR RONALD A & JOAN AI
8696 SWAN ,
KALAMAZOO, MI 49009 I
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KRIBS KAREN REVOCABLE LIVjNG
TRUST I
2170 MCKELVEY RD
MARYLAND HEIGHTS, MO 6304
M & M lNV'ESTMENTS
MAYER CHARLES C/O
206 HIGHLAND DR
STERLING, CO 80751
, BRADFORD JEAN S
i'so RACE ST "
DENVER, CO 80206
W K PARTNERS
172 LONG NECK POINT
DARlEN, CT 06820
JACOBS GARY G
700 SAN BERNARDO
LAREDO, TX 78040
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TAUBER REAL ESTATELLC I
MICHIGAN LIMITED LIABILITY I
COMPANY I
27777 FRANKLIN RD STE 1850 ,I
SOUTHFIELD, MI 48034 I
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MONKARSH JERROLD D & JOYCE
TRUSTEES I
906,1 SANTA MONICA BLVD
LOS ANGELES, CA 90069 I
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YARBOROUGH JULIA K LIVING
TRUST
1329 LUSITANA ST STE 602
HONOLULU, HI96813
JACOBY ENTERRPRISES INC
WYOMING CORPORATION
III CENTERST STE 2500
UTILE ROCK, AR 7220 I
t""~OERMANGEORGE G $<. JOAN E
3,,3%
865 S JOSEPl-IlNE
OENVER, Co .80209
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.-ETILE CORPORA nON
PO BOX 8080
ASPEN, CO 81612
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AGENDA
GROWTH MANAGEMENT COMMISSION
SPECIAL MEETING
TUESDAY OCTOBER 13, 1998,4:30 PM
PITKIN COUNTY LIBRARY MEETING ROOM
I. COMMENTS
A. Commissioners
B, Planning Staff
C, Public
II. MINUTES
III. PUBLIC HEARING
4:45-5:15 A,
Tipple Lodge Change in Use GMQS Exemption Request, Mitch Haas
IV, WORK SESSION
5:15-6:00 A,
Aspen/Glenwood Springs CIS, Roger Millar from OTAK
V,
ADJOURN
c
r-"
,,-.,
MEMORANDUM
TO:
Growth Management Commission
)W;, Am> Woo"" rnrerim Cmnmwtity Dmlopmrn<l,""",,,, r..
Mitch Haas, Planner A~
Tipple Lodge Change in Use GMQS Exemption Request, 530 South Galena
Street
THRU:
FROM:
RE:
DATE:
October 13, 1998
SUMMARY: Pursuant to Section 26,88,070(B) (aIkIa Ordinance Number 53, Series of 1993),
the Tipple Lodge homeowners have requested that City Council amend their 1979 Subdivision
Exemption Agreement (hereinafter "Agreement"), The subject property currently contains
twelve (12) free-market, condominiumized units (two with kitchens and ten without kitchens;
the ten units without kitchens are restricted to short-term lodge rental only), The distinction
between units with and without kitchens is important since the presence of a kitchen (or lack
of) is the defining factor in whether the unit is a "dwelling," The Agreement placed the
following restrictions on the property:
(a) the ten lodge units shall be made available for short-term rental at market rates
and shall be registered with a central reservations entity in Pitkin, County, Colorado;
and, (b) no kitchen shall be constructed in any of the lodge units without the owner
thereof having obtained a building permit therefor, it being specifically understood
that the Growth Management Plan (Article X of the Municipal Code) precludes the
issue of a building permit for such construction without the owner obtaining a
residential allocation within the terms of the Growth Management Plan; and, (c) the
lodge units shall have local management which may be different for different units,
The amendments for which City Council approval is requested would result in twelve (12) free
market condominium units (three with kitchens and nine without kitchens), remove all rental
restrictions, and provide the ability to combine a unit with a kitchen with an adjacent unit that
does not have a kitchen, Since the end result of the changes, if approved, would include a
total of three (3) residential dwelling units where there previously were two (2), a GMQS
Exemption is needed for the creation of one (I) new residence via a change in use (lodge to
residential). Thus, the Tipple Lodge is requesting a GMQS Exemption from the Growth
Management Commission pursuant to Section 26,IOO.050(B)(3)(a) of the Land Use Code
to allow the conversion of one condominium lodge room to one condominium studio
apartment. Without the GMQS Exemption, the proposed amendments to the Agreement
cannot be approved and the applicant would be required to compete for one (I) new residential
development allotment through the 1998 Metro Area Residential GMQS Competition,
Community Development Department staff recommends approval of the Tipple Lodge's
requested GMQS Exemption, with conditions.
APPLICANT: Mary I. Faulkner, John L. Faulkner, and John R, Faulkner, represented by
Gary A. Wright of Wright & Adger, LLP,
CURRENT ZONING: Lodge/Tourist Residential (L/TR)
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LOCATION: 530 South Galena Street, Aspen,
CURRENT LAND USE: Twelve (12) free-market, condominiumized units (two with
kitchens and ten without kitchens; the ten units without kitchens are restricted to short-term
lodge rental only), The two units with kitchens are used for long-term residential purposes
( dwelling units),
PROPOSED LAND USE: Twelve free market condominium units, three (3) of which
would have kitchens, and nine (9) of which would be without kitchens, Therefore, the
proposed land use would include three unrestricted dwelling units and nine unrestricted
lodge rooms,
PROCEDURE: Since the proposed changes would result in a total of three (3) residential
dwelling units where there previously were two (2) studio apartments and ten (IO) lodge rooms
--- the creation of one new residential unit --- the applicant has applied for a GMQS Exemption
pursuant to Section 26.l00,050(B)(3)(a) of the Land Use Code, This requires obtaining the
approval of the Growth Management Commission Goint City and County Planning and Zoning
Commission) at a public hearing, After considering the request, the Growth Management
Commission shall approve, approve with conditions, or deny the application for exemption,
based on the application's compliance with all applicable standards, These standards are
outlined below in Staff Comments.
Although the application does not have to compete or be scored, if the exemption and,
therefore, the allotment are approved, it would stilI have to be deducted from the annual pool
of allotments, The proposal is within the allowable amounts for the year,
The amendment to the Subdivision Exemption Agreement is requested pursuant to Section
26,gg,070(B)(4) (alk/a Ordinance 53-93), which requires a properly noticed public hearing
before the City Council. If the GMQS Exemption is obtained (via GMC approval) and an
ordinance granting the proposed amendment is then approved (via Council approval), a revised
subdivision exemption agreement can then be prepared for signing/approval.
BACKGROUND: The above described Agreement was entered into when the owners of the
Tipple Lodge applied for condominiumization as an exemption from the definition of
"subdivision" set forth in the 1979 Municipal Code, The Tipple Lodge was the first lodge in
Aspen to request condominiumization, The Recitations section of the Agreement explains that
Council placed the above-cited (p, I of this memo) restrictions on the Tipple Lodge for the
following reasons: "Concerned that the condominiumization might reduce the supply of short-
term housing in the L-2 zone district [now the L/TR zone] of the City of Aspen by virtue of
lodge condominium unit owners' use of the units as residences and/or withholding the lodge
units from the rental market, the City Council required, as a condition of its approval of the
exemption application, that the Owner enter into an agreement with the City restricting the use
of the subject property and the condominium units created therefrom,"
Given the conditions in 1979, the Tipple Lodge owners agreed to the restrictions imposed by
the City inasmuch as they reflected the status quo and were quite reasonable, Since 1979,
conditions have changed considerably, For instance, since 1979 large hotels such as the St.
Regis (Ritz Carlton) and the Little Nell have been constructed, adding hundreds of rooms to the
tourist rental market, and countless multi-family buildings have condominiumized without
having to accept any restrictions on their use,
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Also since 1979, the Lodge Preservation (LP) zone district was created whereby lodges were
provided with a simplified means of expanding or converting to purely residential use,
Similarly, Ordinance Number 29, Series of 1996 changed the City's definition of "lodge" to
include the following language: "" .for the purpose of providing lodgingfacilities on a short
or long-term basis, , , A lodge may include kitchens within individual rental units," Thus, the
current Land Use Code allows for kitchens in lodge rooms, both short- and long-term use of
lodge rooms, and condominiumization without the imposition of restrictions, In fact, it is now
permissible for a lodge owner to install kitchens in rooms without being subject to any GMQS
review; they would need only to obtain building permits, Consequently, staff is not fully
convinced that, if the Agreement is amended as proposed, the Tipple Lodge needs a GMQS
Exemption for the proposed installation of a kitchen, but given the restrictions imposed through
the 1979 Agreement (specifically condition (b), as cited on page I of this memo), staff felt it
would be best to make sure all potentially applicable provisions are satisfactorily addressed,
Another relevant change in conditions since 1979 occurred in 1992, when the State legislature
adopted the Colorado Common Interest Ownership Act (CCIOA), which conflicted with
certain provisions of the Aspen Municipal Code governing the
subdivision/condominiumization approval process, In response, the City Council adopted
Ordinance Number 53, Series of 1993, repealing those portions of the "condominiumization"
section of the Land Use Code that required minimum lease deed restrictions and the payment
of affordable housing impact fees as a condition of approval for condominiumization, Section
9 of Ordinance 53-93 stated that the repealing of these requirements "shall be applied
retroactively to those condominiumization approvals granted in Ordinances 92-44, 92-69, 93-
26, 93-28, and 93-33," This Section goes on to state that, "At the applicants' request, the City
Council will remove the deed restrictions and refund the employee housing mitigation fees that
were required as a condition of the above cited condominiumization approvals," Having
reviewed each of these ordinances, staff is of the opinion that the intention was to include all
preexisting condominiumization approvals, but most likely left out the Tipple Lodge
inadvertently since it was condominiumized in 1979 (14 years prior) via Subdivision
Exemption Agreement (no Ordinance),
Given the changes to the City's condominiumization regulations, the adoption of the LP
program, and the revisions to the definition of "lodge," the Tipple Lodge Subdivision
Exemption Agreement is the equivalent of a "nonconforming agreement." That is, the
Agreement was consistent with regulations in affect at the time of its drafting and adoption, but
subsequent changes to the Land Use Code have made the provisions of the Agreement
inconsistent with today's regulations, The amendment proposed for City Council approval
would bring the Subdivision Exemption Agreement back into conformance with today's Land
Use Code regulations,
PREVIOUS ACTIONS: Please refer to the "Summary" and "Background" sections, above,
for a description of previous actions (code amendments) relevant to the applicants' request.
The proposed amendment to the Agreement has been approved by City Council on first
reading, and second reading is scheduled for October 26, 1998,
STAFF COMMENTS: Section 26,100,050 (B)(3) of the Municipal Code provides for
Growth Management Commission Exemptions from the scoring and competition procedures,
however, these exemptions are to be Deducted from the Pool of Annual Development
Allotments and from the Metro Area Development Ceilings, Subsection a,
(26,100,050(B)(3)(a)) states that the change in use of an existing structure between the
residential, commercial/office, and tourist accommodation categories for which a certificate
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of occupancy has been issued for at least two (2) years and which that is intended to be
reused, shall be exempt from the growth management competition and scoring procedures,
provided the following conditions are met:
1) The Growth Management Commission determines that a minimal number of
additional employees will be generated by the change in use and that employee
housing will be provided for the additional employees generated
Staff Response: Staff finds that converting one condominiumized lodge room (without a
kitchen) to one condominiumized unit with a kitchen would not generate any additional
employees, Further, as the land use code has changed since the adoption of the Agreement,
it is now permissible for lodge owners to add kitchens to their lodge rooms without having to
mitigate or otherwise provide additional employee housing, The referral memorandum from
the Housing Office (attached as Exhibit "B") directly states that "this conversion would not
create any additional employees, therefore, no mitigation would be required,"
2) The Growth Management Commission determines that a minimal amount of
additional parking spaces will be demanded by the change in use and that parking
will be provided
Staff Response: The Off-Street Parking standards of the L1TR zone district require that 0,7
off-street spaces be, provided per lodge room, and I space per studio or one-bedroom
dwelling unit. Under existing conditions, there are ten (10) lodge rooms requiring a total of
seven (7) off-street parking spaces, and two (2) studio apartments requiring a total of two (2)
off-street parking spaces; thus, the Land Use Code requires that the existing building have a
total of nine (9) off-street parking spaces,
The proposed conversion would contain nine (9) lodge rooms requiring a total of 6,3 off-
street parking spaces (9 x ,7), and three (3) studio apartments requiring a total of three (3)
off-street parking spaces; thus, the Land Use Code would require that the proposed unit mix
in the building have a total of 9.3 off-street parking spaces, Therefore, the required amount
of off-street parking would increase by three-tenths (0.3) of a parking space,
Nevertheless, there are currently only eight (8) off-street parking spaces for the existing
twelve (12) condominium units, These eight spaces have, for the last twenty-seven years,
proven to be more than adequate, especially given the site's proximity to downtown, the ski
area, and Rubey Park, Since the standard requires that the GMC determine that a "minimal
amount of additional parking spaces will be demanded," staff recommends a finding that the
additional demand of 0.3 spaces, coupled with the history of parking on the site as well as its
location, is indeed "minimal" and does not necessitate the addition of new parking spaces,
3) The Growth Management Commission determines that there will be minimal visual
impact on the neighborhoodfrom the change in use,
Staff Response: The proposed addition of a kitchen would have no visual impact on the
neighborhood as it would be completely internal to the structure,
4) The Growth Management Commission determines that a minimal demand will be
placed on the City's public facilities from the change in use,
Staff Response: The proposed addition of one kitchen will not affect the capacity of existing
public facilities, A tap permit would, however, be required,
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5) No zone change is required.
Staff Re&ponse: No zone change is proposed as the applicants' request is consistent with the
provisions of the L/TR zone district.
6) No more than one residential unit will be created. .
Staff Re&ponse: The applicant is proposing to create one residential unit, while eliminating
one lodge unit, To be consistent with the spirit of the GMQS and to ensure the continued
satisfaction of its intent and this regulation, staff is recommending the following condition of
the GMQS Exemption approval, if granted: "Any additional/subsequent requests for
conversions or change(s) in use from lodge to residential at the Tipple Lodge will be
reviewed and evaluated in terms of the cumulative impact of all conversions, including the
one being exempted from the GMQS scoring and competition procedures with this
approval."
7) The proposed use is consistent in all respects with the AACP,
Staff Re&ponse: Staff finds the request for a GMQS Exemption to allow for the creation of
one dwelling unit at the Tipple Lodge via change in use from a lodge room to be consistent
with those portions of the AACP that are at all related to the said request. For instance, the
"Intent" of the Growth Action Plan is to "encourage land uses, businesses and events which
serve both the local community and tourist base," The Tipple Lodge represents a land
use/business that has served both the local community and tourist base since at least 1979,
and the requested change in this balance would be so negligible so as to have almost no
affect on its continued consistency with this "Intent." The size and location of the residential
unit that would be created is also consistent with the AACP's reoccurring theme of locating
resident housing near desired activity centers,
The only statement of the AACP that could be construed as being inconsistent with the
proposed change in use comes from the "Philosophy" of the "Commercial/Retail Action
Plan," where it says, "The community must find wtryJs to maintain these small lodges and the
experience they offer to our guests," However, since the Tipple Lodge was not included in
the City's Lodge Preservation (LP) program, one might conclude that this statement was
never meant to apply to the Tipple Lodge, Thus, staff concludes that the applicants' request
is consistent with the letter and spirit of the Aspen Area Community Plan,
RECOMMENDATION: Staff has reviewed the Tipple Lodge application, found the
criteria for a change in use to have been met, and recommends approval with the following
conditions:
I, ' Any new utility connection points, meters, cabinets, and similar in the completed
project shall be accessible to service personnel, and shall not be obstructed by
garbage or recycling containers, other structures, or landscaping,
2, Prior to the issuance of a Certificate of Occupancy for the converted unit, the
emergency exiting patterns of the building's third floor shall be improved to the
satisfaction of the Fire Marshal.
3, The property owner(s) are required to join any future improvement districts formed
for the purpose of constructing public improvements which benefit the property
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under an assessment formula, An agreement to do such shall be executed and
recorded prior to the issuance of a building permit.
4, Prior to issuance of any building permits, the applicant shall obtain any necessary tap
permits from the Aspen Consolidated Sanitation District and Water Department.
5, Any additional/subsequent requests for conversions or change(s) in use from lodge to
residential at the Tipple Lodge will be reviewed and evaluated in terms of the
cumulative impact of all conversions, including the one being exempted from the
GMQS scoring and competition procedures with this approval.
6, All material representations made by the applicant in the application and during public
meetings shall be adhered to and considered conditions of approval, unless otherwise
amended by an entity having the authority to do so,
RECOMMENDED MOTION: "I move to approve the change in use GMQS Exemption
requested in the Tipple Lodge Land Use Application (attached as Exhibit "A") with the
conditions recommended in the Staff memorandum dated October 13, 1998,"
ATTACHMENTS:
Exhibit "A" - Application
Exhibit "B" - Agency referral comments
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WRIGHT & ADGER
LAW PARTNERSHIP, LLP
201 NORTH MILL STREET, SUITE 106
;,BPEN j PiTKIN
COMMUNiTY DEVELOP~,ENT
GARY A. WRIGHT, P.C.
ALLEN H. ADGER. P.C."
ASPEN. COLORADO a1611
ASPEN TELEPHONE: 970-925-56:25
BASALT TELEPHONE: 970-927-9090
FACSIMILE: 970-925-5663
OF COUNSEL:
PHILlPJ. O'CONNELL'"
BRUCE B. McLARTY
CATALINA CRUZ
12 October 1998
U ALSO ADMITTED TO
F'LORIDA BAR
. ALSO ADMITTED TO
TEXAS AND LOUISIANA BAR
Mitch Haas, Planner
Aspen Community Development Office
130 South Galena Street
Aspen, Colorado 81611
by facsimile to 920-5439
Re: Tipple Lodge Land Use Application
Dear Mitch:
I am writing on behalf of my clients who own all the units at the Tipple Lodge
Condominiums, I am writing to request that one of the approvals applied for by my client be
withdrawn,
It is not my client's wish, at this time to add a kitchen to one of the existing lodge room units
and thus create a third residential unit. Consequently, we ask that the portion of the application
requesting the additional kitchen be withdrawn and that the application be such as to only amend the
existing Subdivision Exemption Agreement to remove the restrictions for the rental of the lodge
rooms, I have prepared and enclosed a revised Exhibit" A" consistent with the more limited request.
I am sorry for any problems this may cause, Please contact me if you have any questions or
problellls,
Sincerely,
WRlGHT & ADGER, LLP
BY:~
G A. Wright
cc: Mary 1. Faulkner
enclosure
G:ITIPPLElhaas,003
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EXlllBIT "A"
PROPOSED AMENDED SUBDIVISION AGREEMENT
1, Parties, The parties to this agreement are the owners of all of the Tipple Lodge
Condominiwns ("Owner") and the City of Aspen, a municipal corporation ("Aspen"),
2, Recitations, The Owner holds fee title to twelve condominiwn units known as the
Tipple Lodge Condominiwns pursuant to the instrument recorded in Book 385 Page 833, which
property is zoned L T /R zone, The Tipple Lodge Condominiwns are currently comprised of two
(2) studio condominiwns with full kitchens and ten (10) lodge room condominiwns, The Tipple
Lodge Condominiwns are subject to certain restrictions more fully described in the Subdivision
Exemption Agreement recorded in Book 378 at Page 294, including the requirement that the Owner
restrict the rental of the ten (10) lodge room condominiwn units to short-term rental at market rates
and be registered with a central reservations entity in Pitkin COlUlty, Colorado; and that the lodge
room condominiwns shall have local management which may be different for different units,
2. C1fOS EXeJ.1iaH8fl. /~3p'l'i hag dctei111inea. that the; QVlftCi3 hay~ 3ati:diea. the
ref[lftremel'its 6f Seefl6l'i 26,I00,0S0(ll)(J)(a) anti thttt iliis Amelidment 16 Stlbd-i-iisiflfi :Cxell'lf!H6l'i
;\..gr~emeflt i3 exempt frel'il t:11c reql:l:i1:eff.leH.ts of the CI8"'y~;ih ~lanagement QliotaSy3teffi..
34. Amendment. Except as set forth herein, the terms, conditions and covenants set forth
and agreed to in the Subdivision Exemptiop Agreement shall remain in full force and effect. 'ffits
-.c'\nleftt'hnel1t t6 8ubdi vi.3i8fl AgreCi11el'tt expoc33l) frlleVy-;,g the, 0 n'fiefte,eOll y ert 8:nc (1) CeOODl11:ini1:l:fl1
16age ream 1:lIl:it 16 a e6M6nlin:i1:llli unit \.i1h, a full kitehel'i, This Amendment to Subdivision
Agreement expressly removes any and all requirements regarding the rental of any units and
specifically deletes the requirement that the lodge room condominiwns be rented at short-term rental
market rates, be managed by local management and be registered with a central reservations entity
in Pitkin COlUlty, Colorado,
G:\TIPPLE\App-tl,006
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PUBLIC NOTICE
RE: TIPPLE LODGE REQUEST FOR AN AMENDMENT TO A 1979
SUBDMSION EXEMPTION AGREEMENT.
NOTICE IS HEREBY GIVEN that a public hearing will beheld on Tuesday, October
26, 1998, at a meeting to begin at 5:00 p,m, before the Aspen City Council, in the
Council Chambers (basement of City Hall), 130 S. Galena St., Aspen, to consider a land
use application submitted by Mary, John 1. and John R, Faulkner, represented by Gary A.
Wright of Wright & Adger, LLP" for an amendment of the Tipple Lodge Subdivision
Exemption Agreement to remove a set of restrictions imposed when the building was
condominiumized in 1979, The amendment is requested in order to allow for a proposed
interior remodel that would result in the addition of one full kitchen to one
condominiumized lodge room, The property is located 530 South Galena Street and is
legally described as Lot 2, Tipple Woods Subdivision, . '
For further information, contact Mitch Haas at the Aspen/Pitkin Community
Development Department, 130 S, Galena St., Aspen, CO (970) 920-5095,
st.John Bennett. Mayor
Aspen City Council
Published in the Aspen Times on October 10, 1998
City of Aspen Account
g:\plannjnglaspen Inotices\tipplgcc,doc
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MEMORANDUM
TO:
THRU:
The Mayor and City Council
FROM:
Amy Margerum, City Manager
John Worcester, City Attorney r .
Julie Ann Woods, Community Development Deputy Director_ ,-;.
Mitch Haas, Planner ~
Tipple Lodge Amendment of 1979 Subdivision Exemption Agreement - First
Reading of Ordinance No,~, Series of 1998,
RE:
DATE:
September 28, 1998
SUMMARY: Pursuant to Section 26,88,070(B) (a!k/a Ordiuance Number 53, Series of
, 1993), the Tipple Lodge homeowners seek to amend the 1979 Subdivision Exemption
Agreement (hereinafter "Agreement") entered into by the Tipple Lodge Homeowners and
the City of Aspen, Currently, the property contains twelve (12) free-market, condominium-
ized units (two with kitchens and ten without kitchens; the ten units without kitchens are
restricted to short-term lodge rental only), The distinction between units with and without
kitchens is important since the presence of a kitchen (or lack of) is the defining factor in
whether the unit is a "dwelling," The Agreement placed the following restrictions on the
property:
(a) the ten lodge units shall be made available for short-term rental at market rates
and shall be registered with a central reservations entity in Pitkin County, Colorado;
and, (b) no kitchen shall be constructed in any of the lodge units without the owner
thereof having obtained a building permit therefor, it being specifically understood that
the Growth Management Plan (Article X of the Municipal Code) precludes the issue of
a building permit for such construction, without the owner obtaining a residential
allocation within the terms of the Growth Management Plan; and, (c) the lodge units
shall have local management which may be different for different units,
The proposed amendments would result in twelve (12) free market condominium units
(three with kitchens and nine without kitchens), remove all rental restrictions, and provide
the ability to combine a unit with a kitchen with an adjacent unit that does not have a
kitchen, According to Section 5 of the Agreement, the proposed amendments require City
, Council approval, Since the end result of the changes, if approved, would include a total of
three (3) residential dwelling units where there previously were two (2), a GMQS
Exemption is needed for the creation of one (1) new residence via a change in use (lodge to
residential), The change in use process applicable to this request is not the same as the
process for LP zoned properties; rather, the Tipple Lodge is requesting a GMQS
Exemption from the Growth Management Commission (not the Planning and Zoning
Commission) pursuant to Section 26.l00,050(B)(3)(a) of the Land Use Code, Without the
GMQS Exemption, the proposed amendments to the Agreement cannot be approved and
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the applicant would be required to compete for one (1) new residential development
allotment through the 1998 Metro Area Residential GMQS Competition,
Community Development Department staff recommends approval of the Tipple
Lodge's requested Amendments to the Subdivision Exemption Agreement, with
conditions.
APPLICANT: Mary I. Faulkner, Jolm L. Faulkner, and Jolm R. Faulkner, represented by
Gary A. Wright of Wright & Adger, LLP,
CURRENT ZONING: Lodge/Tourist Residential (L/TR)
BACKGROUND: The above described Agreement was entered into when the owners of
the Tipple Lodge applied for condominiumization as an exemption from the definition of
"subdivision" set forth in the 1979 Municipal Code, The Tipple Lodge was the first lodge
in Aspen to request condominiumization, The Recitations section of the Agreement
explains why Council placed the above-cited (p, 1 of this memo) restrictions on the Tipple
Lodge, as follows: "Concerned that the condominiumization might reduce the supply of
short-term housing in the L-2 zone district [now the L/TR zone] of the City of Aspen by
virtue of lodge condominium unit owners' use of the units as residences and/or withholding
the lodge units from the rental market, the City Council required, as a condition of its
approval of the exemption application, that the Owner enter into an agreement with the
City restricting the use of the subject property and the condominium units created
therefrom,"
Given the conditions in 1979, the Tipple Lodge owners agreed to the restrictions imposed
by the City inasmuch as they reflected the status quo and were quite reasonable, Since
1979, conditions have changed considerably, For instance, since 1979 large hotels such as
the St, Regis (Ritz Carlton) and the Little Nell have been constructed, adding hundreds of
rooms to the tourist rental market, and countless multi-family buildings have
condominiumized without having to accept any restrictions on their use,
Also since 1979, the Lodge Preservation (LP) zone district was created whereby lodges
, were provided with a simplified means of expanding or converting to purely residential use,
Similarly, Ordinance Number 29, Series of 1996 changed the City's definition of "lodge" to
include the following language: "", for the purpose of providing lodging facilities on a
short or long-term basis, , , A lodge may include kitchens within individual rental units, "
These changes in conditions since 1979 seem to imply that fairness would require removal
of the restrictions contained in the Tipple Lodge Subdivision Exemption Agreement, That
is, the current Land Use Code allows for kitchens in lodge rooms, both short- and long-term
use of lodge rooms, and condominiumization without the imposition of restrictions, The
consequences of the removal of the ten (10) Tipple Lodge rental units from the nightly
rental market would be negligible, especially given that many of the rooms in the Tipple
Lodge lie vacant during prime winter and surmner seasons,
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Finally, in 1992, the State legislature adopted the Colorado Common Interest Ownership
Act (CCIOA), which conflicted with certain provisions of the Aspen Municipal Code
governing the subdivisionlcondominiumization approval process as adopted by the City, In
response, the City Council adopted Ordinance Number 53, Series of 1993, Ordinance
Number 53, Series of 1993 repealed those portions of the "condominiumization" section of
the Land Use Code that required minimum lease deed restrictions and the payment of
affordable housing impact fees as a condition of approval for condominiumization, Section
9 of Ordinance 53-93 stated that the repealing of these requirements "shall be applied
retroactively to those condominiumization approvals granted in Ordinances 92-44, 92-69,
93-26, 93-28, and 93-33." Section 9 of Ordinance 53-93 goes on to state that, "At the
applicants' request, the City Council will remove the deed restrictions and refund the
employee housing mitigation fees that were required as a condition of the above cited
condominiumization approvals." Having reviewed each of these ordinances, staff is of the
opinion that the intention was to include all preexisting condominiumization approvals, but
most likely left out the Tipple Lodge inadvertently since it was done in 1979 (14 years
prior) via Subdivision Exemption Agreement (no Ordinance),
Given the changes to the City's condominiumization regulations, the adoption of the LP
program, and the revisions to the definition of "lodge," the Tippler Lodge Subdivision
Exemption Agreement is the equivalent of a "nonconforming agreement." That is, the
Agreement was consistent with regulations in affect at the time of its drafting and adoption,
but subsequent changes to the Land Use Code have made the provisions of the Agreement
inconsistent with today's regulations, The proposed amendment would bring the
S,\lbdivision Exemption Agreement back into conformance with today's Land Use Code
regulations,
PREVIOUS ACTIONS: Please refer to the "Summary" and "Background" sections,
above,
PROCEDURE: Since the proposed changes would result in a total of three (3) residential
dwelling units where there previously were two (2) studio apartments and ten (10) lodge
rooms --- the creation of one new residential unit --- the applicant has applied for a GMQS
Exemption pursnant to Section 26.l00,050(B)(3)(a) of the Land Use Code, This requires
obtaining the approval of the Growth Management Commission Goint City and County
Planning and Zoning Commission) at a public hearing, That public hearing is scheduled for
October 13, 1998, which will allow for a decision to be made prior to City Council's
Second Reading of the proposed Ordinance,
The amendment to the Subdivision Exemption Agreement is requested pursnant to Section
26,88,070(B)(4) (alk/a Ordinance 53-93), which requires a properly noticed public hearing
before the City Council. If the GMQS Exemption is obtained and an ordinance granting the
proposed amendment is then approved, a revised subdivision exemption agreement can then
be prepared for signing/approval,
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STAFF COMMENTS: The applicants are requesting to amend the Tipple Lodge's 1979
Subdivision Exemption Agreement pursuant to Section 26,88,070(B)(4), Minimum Lease
Deed Restrictions, of the Municipal Code, The aforementioned Section reads as follows:
Minimum lease deed restrictions imposed by the City Council as a condition of
condominiumization approval prior to July 1, 1992, shall only be modified or removed
with the consent of City Council.
The Land Use Code does not contain any review criteria, per se, that would be applicable to
a request for amendment of a Subdivision Exemption Agreement. Given the staff
discussions provided in the "Sununary" and "Background" sections of this memo, above,
staff recommends approval of the proposed amendments, with two conditions, Staff is
recommending inclusion of the same conditions with the Growth Management
Commission's approval (if granted) of the requested GMQS Exemption, The
recommended conditions would state that "any additional/subsequent requests for
conversions or change(s) in use from lodge to residential will be reviewed and evaluated in
terms of the cumulative impact of all conversions, including the one being approved with
the adoption of this resolution/ordinance," as applicable, and "that the Amended Agreement
not be fully executed unless and until a GMQS Exemption has been granted by the Growth
Management Commission," The proposed ordinance also contains a stipulation stating that
the exact language of the amended agreement will be subject to review and approval by the
City Attorney,
RECOMMENDATION: Staff recommends approval of an Amendment to the Tipple
Lodge Subdivision Exemption Agreement as proposed in the submitted land use application
(Exhibit A), with the conditions that "any additional/subsequent requests for conversions or
change(s) in use from lodge to residential will be reviewed and evaluated in terms of the
cumulative impact of all conversions, including the one being approved with the adoption
of both this Ordinance (Ordinance Number ~ Series of 1998), and that the Amended
Agreement not be fully executed unless and until a GMQS Exemption has been granted by
the Growth Management Commission,"
RECOMMENDED MOTION: "1 move to approve Ordinance ~ Series of 1997, on
first reading, approving the proposed Amendments to the Tipple Lodge Subdivision
Exemption Agreement with conditions,"
CITY MANAGER'S COMMENTS:
EXHIBITS:
Exhibit A - The Submitted Land Use Application:
(includes GMQS Exemption request, proposed language for Amended Subdivision
Exemption Agreement, the 1979 Agreement, and other required materials),
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PUBLIC NOTICE
RE: TIPPLE LODGE REQUEST FOR AN EXEMPTION FROM THE
SCORING AND COMPETITION PROCEDURES OF THE GROWTH
MANAGEMENT QUOTA SYSTEM (GMQS).
NOTICE IS HEREBY GIVEN that a public hearing will be held on Tuesday, October
13, 1998, at a meeting to begin at 4:30 p,m, before the AspenlPitkin County Growth
Management Commission, in the Pitkin County Library (basement meeting room), 120
N, Mill St., Aspen, to consider a land use application submitted by Mary, John 1. and
John R. Faulkner, represented by Gary A. Wright of Wright & Adger, LLP" for an
exemption from the "scoring" and "competition" procedures of the Growth Management
Quota System (GMQS), The proposed project for which the exemption is requested
includes no exterior changes to the existing building or property, but asks for an interior
remodel that would result in the addition of one full kitchen to one condominiumized
lodge room, The exemption is needed because the addition of a kitchen would result in
the creation of one new dwelling unit, converted from lodge room status, The property is
located 530 South Galena Street and is legally described as Lot 2, Tipple Woods
Subdivision,
For further information, contact Mitch Haas at the AspenlPitkin Community
Development Department, 130 S, Galena St., Aspen, CO (970) 920-5095,
s/Sara Garton. Chair
Aspen Planning and Zoning Commission/Growth Management Commission
Published in the Aspen Times on September 26,1998
City of Aspen Account
g:\planning\aspen Inotices\tipplgmc,doc
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MEMORANDUM
To:
Mitch Haas, Project Planner
Nick Adeh, City Engine~
Ross C, Soderstrom, Project Engineer I! t:s..
September 3, 1998
Thro:
From:
Date:
Re:
Tipple Lodge Insubstantial Amendment to Subdivision Plat & Agreement
Physical Address:
Legal Description:
530 S, Galena Street, City of Aspen, CO
Lot 2, Tipple Woods Subdivision, City of Aspen, CO
[Sec, 18, nos, R84W]
xxxx-xxx-xx-xxx
Parcel ill No.:
After reviewing the above referenced application and making a site visit, I am reporting the combined
comments made by the members of the DRC:
Summary: There were no substantive comments or recommendations to the application for this project;
however, the applicant will need to fulfill the standard requirements for the proposed modifications to the'
building, and the Fire Marshall's recommended improvements to the emergency exiting patterns on the 3rd
floor of the building, In future applications, a current improvement survey should accompany the
application to fully assess the then existing conditions of the property and improvements (particularly
parking and drainage) with respect to the neighboring properties and the neighborhood in general since the
area has substantially changed and undergone re-development since this property was originally built and
then condominiumized,
1. Changes in Conditions: If the proposed use, density, or timing of construction of the
project change, or the site, grading, drainage, parking or utility plans for this project change subsequent to
this review, a complete set of the revised plans shall be provided to the Engineering Dept. for review and re-
evaluation, The discussion and recommendations given in this memorandum apply to the application and
plans (received August 13, 1998) provided for this review and such comments and recommendations may
change in response to changes in the use, density, or timing of the construction of the project, or changes in
the site, grading, drainage, parking or utility designs,
The applicant will be required to complete the standard requirements and conditions associated with the
f~rm(s) of development requested in the application,
10F2
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Memo: Tipple Lodge Insubstantial Amen" .~ to a Subdivision Plat & Agreement
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2. Utility Services, Trash and Recycling Areas:
The application materials do not indicate proposed utility service locations however, utility service
connection points, meters, cabinets, etc" need to be accessible to service personnel in the completed project
and not obstructed by garbage or recycling containers, other structures or landscaping,
The owner of the adjacent property to the north, Tippler Townhomes, has previously agreed in its approved
re-development plan to correct any utility conflicts encountered within its site which may relate to this
property (specifically service lines) during the re-development of the Tippler Townhomes,
3. Aspen Fire Protection District:
floor of the building be improved.
Requests that the emergency exiting patterns on the third
4, Driveways & Parking Area: The property is presently under-served in having only eight (8)
parking spaces for the existing twelve (12) units (neither a site plan nor an Improvement Survey was
provided with the application), While the requested re-model of adding one (I) kitchen is insubstantial,
after the re-development of the Tippler Townhomes to the north, parking for this property may become
problematic since this property is partially served by intermittent shared parking in the Tippler parking lot
which is also the access to this property via an access easement.
S. Aspen Consolidated Sanitation District:
standards for additional services,
The owner will need to comply with the normal
6. Improvement Districts: The property owner is required to join any future improvement
districts formed for the purpose of constructing public improvements which benefit the property under an
assessment formula, The agreement would be executed and recorded prior to the issuance of a building
permit.
7. Work in the Public Rights-of-Way: Given the continuous problems of unapproved work and
development in public rights-of-way and easements, we advise the applicant as follows:
The applicant must receive approval from: City Engineering (920-5080) for design
of improvements, including landscaping and grading, within public rights-of-way;
Parks Department (920-5120) for vegetation species and placement, and irrigation
systems; Streets Department (920-5130) for mailboxes, street and alley cuts;,and
shall obtain permits for any work or development, including landscaping, within
public rights-of-way from the City Community Development Department (920-5090),
DRC Meetine- Attendees:
Applicant: none
Staff & Referral Agencies:
Kasmer
Mitch Haas, Ross Soderstrom, John Krueger, Ed Van Walraven, David
20F2
DRCM2898,DOC
AUG 20 '98 03:57PM ASPEN HOUSING OFC
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MEMORANDUM
TO:
FROM:
DATE:
RE:
Milch Haas, Community Development Department
Cindy Christensen, HOusing Office
August 20, 1998
Tipple Lodge Insubstantial Amendment Ic SUbdiVISion Plat/Agreement
Parcel 10 No. 2737-182-73-072
ISSUE; The applicant is proPOSing to convert one lodge room Into III studio unit, which WOUld
contain akltc:hen.
BACKGROUND: AccordIng to Section 26,100,050, B, 3(a), the Growth Management
Commission can grant an exemption if any additional need for employees is being mitigated. Thkl
conve/'sjor'l would not create any additional employees, therefore, no mitigation WOuld be required,
RECOMMENDATlnH: Staff would agAle thai there would be no employee mitigation required on
this conversion.
7lspen~onsoj;-ckzled'C3afl1faI1~n7J{::)icl '
565 North Mill Street
Aspen, Colorado 81611
FAX #(970) 925-2537
Tele, (970) 925,3601
Sy Kelly, Chairman
Paul Smith ,Treas,
Louis Popish, Secy,
August 18, .1998-
Mitch Haas
Community Development
130 S, Galena
Aspen, CO 81611
Re' Tipple Lodge
Dear Mitch:
Michael Kelly
Frank Lqushin
Bruce'Matherly, Mgr.
The Tipple Lodge development is currently served by our District. The addition of a full kitchen
to one condo minimized lodge unit should hav~ no adverse effect upon our ability to serve, The
additional total connection fees associated with the addition ,of a kitchen can be estimated, once a
tap permit is completed at our office, We would request that a tap permit be required prior to the
issuance of a building permit.
As USl,lal, service is contingent upon compliance with the District'srules, regulations, and
specifications which are on file at the District office,
SincereJy,
~.~/-vc~........t6
Bruce Matherly , ·
District. Manager
EP A Awards of Excellence
1976, 1986, 1990
Regional and National
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.,....", LAND USE ApPLICATION .
PROJECT:
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[XH ~IT I.A"
Name: Tipple Lodge Insubstantial Arrendmant
Location: IDt 2. Tinnle Woods SUbdivision. 530 South Galena Street
(Indicate street address, lot & block number, legal description where appropriate)
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ApPUCANT:
Name: Marv I. Fa""-~- Jolm L. Faulkner and John R. Faulkner
Address: 530 SOUth Galena Street
Phone #: 970.925.3764
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_ REPRESENTATIVE:
Name: Gary A. Wright for Wright & Adger, LLP
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Address: 201 North Mill Street Suite 106' Colorado 81611
Phone#: 970.925.5625 ~~-CfA.)(
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TYPE OF ApPLICATION: (please check all that apply):
o Conditional Use 0 Conceptual PUD
o Special Review 0 Final PUD (& PUD Amendment)
o Design Review Appeal 0 Conceptual SPA
o GMQS Allotment 0 Final SPA (& SPA Amendment)
G9 GMQS Exemption 0 Subdivision
o ESA - 8040 Greenline, Stream 0 Subdivision Exemption (includes
Margin, Hallam Lake Bluff, condominiumization)
Mountain View Plane
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o
Lot Split
Lot Line Adjustment
o
o
Temporary Use
Text'Map Amendment
o
o
o
o
o
o
Conceptual Historic Devt,
Final Historic Development
Minor Historic Devt,
Historic Demolition
Historic Designation
Small Lodge Conversion!
Expansion
o
Other:
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_I E:::=":' ("=''''00'''''''''''' bmI_, =, previow """""'" "'-)
_ PROPOSAL: (description of proposed buildings, uses, modifications, etc.)
_I See Attachment B.
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Have you attached the following?
o Pre-Application Conference Summary
[ij Attachment #1, Signed Fee Agreement
rn Response to Attachment #2, Dimensional Requirements Form
G9 Response to Attachment #3, Minimum Submission Contents
~ Response to Attachment #4, Specific Submission Contents
o Response to Attachment #5, Review Standards for Your Application
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FEES DUE: $ 630.00
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Attachment A - Existing Conditions
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Existing Conditions: Since 1967-1968 the property has been improved with one three story building
consisting of ten lodge rooms and two studio apartments, In 1979 the owners of obtained a
Subdivision Exemption Agreement from the City of Aspen to create twelve condominium units; two
residential studios and ten condominiumized lodge rooms,
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Attachment B - Prooosal
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Proposal: The Applicants' requested amendment to the existing Subdivision Exemption Agreement
requires no exterior change in the existing building or structure, The modification requested to the
structure would be interior in the form of the addition of a full kitchen to one condominiumized
lodge room,
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THE TIPPLE LODGE
REQUEST FOR:
INSUBSTANTIAL AMENDMENT TO
SUBDIVISION EXEMPTION AGREEMENT
Subdivision Exemption Agreement Amendment
Code Section 26,88,070
All individual owners of the Tipple Lodge Condominiums
by: Gary A, Wright
Wright & Adger, LLP
201 North Mill Street, Suite 106
Aspen, Colorado 81611
7 August 1998
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LAND USE ApPLICATION TO THE CITY OF AsPEN
REQUEST FOR INSUBSTANTIAL SUBDIVISION AMENDMENT:
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SUBMISSION DATE:
7 August 1998
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SUBMITTED TO:
City of Aspen Community Development Department
130 South Galena Street
Aspen, Colorado 81611
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ApPLICANTS:
Individual Owners of the Tipple Lodge Condominiums
c/o Mary 1. Faulkner
530 South Galena Street
Aspen, Colorado 81611
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ApPLICANTS' REPRESENTATIVE:
Gary A, Wright, Esq,
Wright & Adger, LLP
201 North Mill Street, Suite 106
Aspen, Colorado 81611
telephone: 970,925,5625
facsimile: 970,925.5663
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INTRODUCTION:
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This Application is to amend the existing Subdivision Exemption Agreement to remove
current rental restrictions and to allow the addition of one kitchen to an existing lodge room
condominium,
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THE SUBJECT PROPERTY:
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The subject property is a three story building constructed in 1967 and 1968, It is legally
described as:
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Lot 2, Tipple Woods Subdivision, according to the recorded plat for Tipple Woods
Subdivision recorded as Document No, 107798 in Ditch Book 2A at Page 250 of the
records of Pitkin County, Colorado,
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G, \TIPPLE\APP-TL. 005
Page 2 of 8
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LAND USE ApPLICATION TO THE CITY OF AsPEN
REQUEST FOR INSUBSTANTIAL SUBDIVISION AMENDMENT:
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The Property is known as the Tipple Lodge and is located at 530 South Galena Street, Aspen,
Colorado, It is comprised of twelve (12) free market condominium units,! The property is in the
LITR (Lodge/Tourist Residential) Zone District.
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Subsequent to the Subdivision Exemption granted in 1979, the Property was
condominiumized as twelve free-market condominium units,2 Two condominiums now contain full
kitchens and the remaining ten units are lodge-type rooms without kitchens,
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THE ApPLICANTS:
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Mary 1. Faulkner
p, O. Box 147
Aspen, Colorado 81612
John L. Faulkner
p, 0, Box 147
Aspen, Colorado 81612
John R, Faulkner
p, 0, Box 250601
Franklin, Michigan 48025
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THE REQUEST:
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The Applicants', seek to amend the 1979 Subdivision Exemption Agreement' entered into
with the City of Aspen, The proposed amendment would remove all rental restrictions and would
allow for the issuance of a building permit to construct a kitchen in one unit. The proposed revisions
are being requested pursuant to Land Use Code Section 26,88,070(B)(4) which is also known as
Ordinance 53, Series of 1993, Concurrent with the request for City approval of changes to the
Subdivision Exemption Agreement, the Applicant is applying for approval of a GMQS Exemption
by the Growth Management Commission,
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Tipple Lodge Condominium Units 14,15,21,22,23,24,25,31,32,33,34 and 35,
2
Recorded in 1980 in Book 385, Page 883.
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3 The Applicants are the successors in interest to Tipple Lodge, a Joint Venture which
entered into the Subdivision Exemption Agreement now proposed to be amended,
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Recorded in 1979 in Book 378 Page 294,
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G: \'1'IPPLE\APP-TL. 005
Page 3 of 8
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LAND USE ApPLICATION TO THE CITY OF ASPEN
REQUEST FOR INSUBSTANTIAL SUBDIVISION AMENDMENT:
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BACKGROUND:
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The Subdivision Exemption Agreement of 1979, in Paragraph 2, (a), (b), and (c), requires
that the ten units (lodge rooms) without kitchens be restricted to short-term rental only, that they
have local management, that they be registered with a local central reservations entity and that no
kitchen be constructed in any of them without permission, These restrictions were based on the
community's needs twenty years ago, but are no longer appropriate, The Applicants seek an
amendment to the Subdivision Exemption Agreement which recognizes the extensive changes that
have occurred during the past twenty years and which will accommodate current and predicted future
situations,
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BASIS FOR REQUEST:
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In 1979, the City was concerned that condominiurnization of a lodge might reduce the supply
of short-term housing in the L-2 zone (now LT/R) by virtue of owner usage of the units or
withholding the units from the short-term rental market. The Tipple Lodge was the first lodge in
Aspen to request condominiumization, Given the conditions in 1979, the Tipple Lodge owners
agreed to the restrictions imposed by the City inasmuch as they reflected the status quo and were
quite reasonable,
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Since 1979, conditions have changed, The Ritz Carlton! St, Regis and the Little Nell Hotel
have been constructed, adding hundreds of hotel rooms to the tourist rental market, Savanah Limited
Partnership has recently proposed adding more than one hundred additional hotel rooms, The Little
Nell is directly adjacent to the Tipple Lodge, The St. Regis and proposed Savanah Limited
Partnership project are withing two blocks of the Tipple Lodge, Clearly, the consequences of the
possible removal of these ten rooms from the nightly rental market would be negligible, Moreover,
many of the rooms in the Tipple Lodge lie vacant during prime winter and summer seasons, despite
value-oriented marketing efforts, further indicating ,that its ten hotel rooms are not crucial to the
nightly tourist market. Quite possibly, the required local central reservation entity which provided
an important service twenty years ago now actually hinders the Tipple Lodge's ability to maximize
rentals,
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In recent years, the operation of a ten room, value-oriented hotel has become economically
unfeasible, Management and labor costs have risen dramatically, and tourists have come to expect
luxury accommodations, Given the physical inability to expand to offer amenities such as hot tub,
swimming pool and on-site restaurant or bar, rates cannot justifiably be raised to cover ever-
increasing costs,
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G: \TIPPLE\APP-'I'L. 005
Page 4 of 8
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LAND USE ApPLICATION TO THE CITY OF ASPEN
- REQUEST FOR INSUBSTANTIAL SUBDIVISION AMENDMENT:
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Finally, due to City approval of the conversion of the adjacent Tippler Nightclub to luxury
townhomes, there will be a period of several years of noise and disruption during construction,
Access to the Tipple Lodge will be restricted and, at best, confusing, Moreover, once the Tippler
project is completed, the Tipple Lodge will be completely surrounded by long-term residential uses,
It is unlikely that the building will even be visible from the street.
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PROPOSED MODIFICATION:
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The Applicants would like the rental restrictions removed and authorization to add one (I)
kitchen to one existing condominiumized lodge room,
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REQUEST FOR GMQS EXEMPTION
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THE AMENDMENT REQUESTED:
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The Applicants wish to amend the 1979 Subdivision Exemption AgreementS to remove all
rental restrictions and to authorize the construction of one additional kitchen in an existing
condominiumized lodge room, The proposed changes are exempt from GMQS because this
application complies with the requirements of the City of Aspen Land Use Code Section
26,100,050(B)(3)(a),
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The Tipple Lodge consists of twelve (12) free-market condominiums, There are currently
two (2) residential studios and ten (10) lodge rooms, The effect of the addition of one (I) kitchen
to the Tipple Lodge would be to create, by definition, a change in use to a multi-family residential
dwelling, then consisting of three (3) studio condominiums with kitchens and nine (9) lodge room
condominiums without kitchens, Pursuant to Land Use Code Section 26.100,050 (B) (3) (a), the
Growth Management Commission is being asked to approve a GMQS Exemption to allow the
conversion of one lodge room condominium to a studio condominium,
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Book 378, Page 294,
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G, \TIPI?LE\APP-TL. 005
Page 5 of 8
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LAND USE ApPLICATION TO THE CITY OF ASPEN
REQUEST FOR INSUBSTANTIAL SUBDIVISION AMENDMENT:
BASIS FOR EXEMPTION:
The Land Use Code at Section 26,28,190 (A) and (B) (4) allows for multi-family dwellings
as a permitted right in the Lodge/Tourist Residential (L/TR) Zone, the zone which applies to the
subject property, Insofar as allowable densities are concerned, the existing building is non-
conforming, because the lot on which the Tipple Lodge Condominiums is situated contains less than
12,000 square feet. The nonconformity will not be increased,
The criteria of26.100,050 (B) (3) (a) Change in Use is satisfied as follows6:
(1) the Growth Management Commission determines that a minimal number of
additional employees will be generated by the change in use and that employee housing will be
provided for the additional employees generated;
Response: No additional employees will be generated as a result of converting a
condominiumized lodge room (without a kitchen) to a condominium unit with a kitchen,
(2) the Growth Management Commission determines that a minimal amount of
additional parking spaces will be demanded by the change in use and that parking will be provided;
Response: No additional parking will be required by the change in use, There are eight (8)
spaces for the existing twelve (12) condominium units, For the last twenty-seven (27) years, the
available parking spaces have proved more than adequate, The downtown location of the property
obviates the need for a vehicle,
(3) the Growth Management Commission determines that there will be minimal visual
impact on the neighborhoodfrom the change in use;
Response: The conversion of one condominiumized lodge room without a kitchen to a
condominium unit with a kitchen is entirely internal to the existing building and consequently there
will be no change in the visual impact on the neighborhood,
(4) the Growth Management Commission determines that minimal demand will be placed
on the city's public facilities from the change in use;
Response: There will be little if any additional demand placed on public facilities as a result
of the addition of one kitchen to an existing condominium unit,
.... 6 The applicable code language is repeated here verbatim in italics for the reader's
convemence,
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G, \TIPPLE\APP-TL. 005
Page 6 of 8
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LAND USE ApPLICATION TO THE CITY OF ASPEN
REQUEST FOR INSUBSTANTIAL SUBDIVISION AMENDMENT:
(5) no zone change is required;
Response: No zone change is required as the L T /R zone is consistent with the Applicants'
amendment request.
(6) no more than one residential unit will be created; and
Response: At most one additional residential unit will be created, Further, the changes
proposed will also eliminate the existence of one condominiwnized lodge room, The net gain orloss
is really zero,
(7) the proposed use is consistent in all respects with the AACP,
Response: The request is consistent with the AACP, The conversion of an existing
condominiumized lodge room (without a kitchen) to a condominiwn unit with a kitchen technically
results in the creation of one residential unit and the elimination of one condominiwnized lodge
room, In a neighborhood that has become an area of multi-million dollar private homes and
exclusive townhomes, these changes are a step, although a small one, toward bringing the Tipple
Lodge closer in form to its neighborhood,
ATTACHMENTS:
A. - proposed Amendment to Subdivision Exemption Agreement,
B, - Subdivision Exemption Agreement (October 1979),
C, - Proof of Ownership.
D, - Affidavit of Consent.
E, - Pre-Application Conference Summary (15 May 1998),
F, - Vicinity Map,
Attachment #1 - Signed Fee Agreement
Attachment #2 - Dimensional Requirements Form
Date: 1 ~"'4' l q,ar tJ
Applicants' Representative:
~, Wright
G,\TIPPLE\APP-TL.OOS
Page 7 of 8
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LAND USE ApPLICATION TO THE CITY OF ASPEN
.- REQUEST FOR INSUBSTANTIAL SUBDIVISION AMENDMENT:
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EXHIBIT "A"
PROPOSED AMENDED SUBDIVISION AGREEMENT
1, Parties, The parties to this agreement are the owners of all of the Tipple Lodge
Condominiums ("Owner") and the City of Aspen, a municipal corporation ("Aspen"),
2, Recitations, The Owner holds fee title to twelve condominium units known as the
Tipple Lodge Condominiums pursuant to the instrument recorded in Book 385 Page 833, which
property is zoned L T/R zone, The Tipple Lodge Condominiums are currently comprised of two
(2) studio condominiums with full kitchens and ten (10) lodge room condominiums, The Tipple
Lodge Condominiums are subject to certain restrictions more fully described in the Subdivision
Exemption Agreement recorded in Book 378 at Page 294, including the requirement that the Owner
restrict the rental of the ten (10) lodge room condominium units to short-term rental at market rates
and be registered with a central reservations entity in Pitkin County, Colorado; and that the lodge
room condominiums shall have local management which may be different for different units,
3, GMOS Exemotion, Aspen has determined that the Owners have satisfied the
requirements of Section 26.J00,050(B)(3)(a) and that this Amendment to Subdivision Exemption
Agreement is exempt from the requirements of the Growth Management Quota System,
4, Amendment. Except as set forth herein, the terms, conditions and covenants set forth
and agreed to in the Subdivision Exemption Agreement shall remain in full force and effect. This
Amendmentto Subdivision Agreement expressly allows the Owner to convert one (1) condominium
lodge room unit to a condominium unit with a full kitchen, This Amendment to Subdivision
Agreement expressly removes any and all requirements regarding the rental of any units and
specifically deletes the requirement that the lodge room condominiums be rented at short-term rental
market rates, be managed by local management and be registered with a central reservations entity
in Pitkin County, Colorado,
G,\TIPPLE\APP-TL.005
Page 8 of 8
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Recorded 1:34 PM Oct 29 1979 Receptlonl
Coretta Sanner Recorder
21.9100
SUBDIVISION EXEMPTION AGREEMENT
m378 lX<294
1. Parties. The parties to this agreement are The Tipple
Lodqe, a joint venture (wthe OWnerft) and the City of Aspen,
Colorado, a municipal corporation '.the City").
2. Recitations. The OW1:er holds fee title to the
fOllowing- described property ("the subject property') in the
Ci ty of Aspen, Pi tkin County, Colorado:
tot 2, 'ripple Woods Subdivision, according' to
the recorded plat for Tipple Woods Subdivision
recorded as Document No. 107798 in Ditch Book
2A at 1'ag-e 250 of the records of Pi tkin County,
COlorado. .
The subject property is improved 'with a three-story building
co"ltainil\9' tojl(O studio apart:nents, ten bed- and oat.'lroom units
(Wlodge units.), ana enclosed area used for interior ci~ulation.
lounge, reception room, launC%y room, and mechanical and
storage purposea. The Owner desires to condomlnitr~ze the
buildinqin:.o ten lodqrJ units and two studio units, all of
which may be held in separate ownerShips, and the remainder
into common el~nts. Pursuant to Section 20-19(b} of the
!l1lnic:ipal Cede ef the Ci ty of Aspen, Colorado. _ the Owner /
requested that the above describedeondominiumizatiOI. be exempted
from the defi!J.tioll of a subdivision set forth in Section 20-3 (s)
of the Municipal Cede. Concerned that the condollliniUlllizatien
miqht reduce the supply of short-term housinq in the L-2 zone
district of the City of Aspen by virtue of lodge condcminium
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lmi: owners! use of the units as -residences and/CJr vit.."1holc!.inq
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t.~e lodqe units' from, th&,"r..ntal market, ,the City Council
" ....~,~;.,,:f.. ..;''':;;;;."i:~;~~~~~:'J;.:''
requi:ed, ,'as ~ .:co~dj,~o.=.~~~:'its .approval. of the exemption
'''''''~8 .~,.t~.~::-_..:,,~.,.: '.
appli~~ti'on~:.:~.at: .:the.~:::.~~r."en~r i.nto an aqreemen':. with t.~e
Cit.y r8's'~ic'f~~~._'6~:'::'~~Jri.~. ~~je-:t"~roperty and t.~e
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condominitmi:Wil'fS' ersat:~ci";.:the'~f=om as .:011ow8.
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Ca.) . the',ean lodqe~'.'.t:mits.:shall be.made available for
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short-teo'rental at,..a:i:keii rates and shall be reqiste::ed with
;":.;~::",,..:,.~~..;it:.~.:..:.;;"% '=:":~:.;"':":"" ..~
a cenu!:..l .:..;~'e.rva8.ons .e;lit:t~',iA\Pitkin'.count::l, COlorado: and,
, >: . :. .....:;.~:;:;:~~ ~:::~~:-~::~~:~ ,.-t~~:~ :'<-'~:' .
(b) 'n~:'~:~,~~~:~~~"'~~:ff,nst::uc:t~d in a.w of t.~e lodqe
. ..... ,- ..~...-;p.. ~k,.",,:>--. .;-'
uni ts wi tllcut" the ",""e:'.'"tllerecf '. bav111q :obtained a buildinq
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pecit. ther..fc<", :!:l:"!lein~:'apec:ificaUy w;derstcod t.~at t.~e
"'~''''':--:::::.:'.'''' ,'. ::..~;~ -"::'::;:~'...: ....'
- GrC'~t.~ lIa:zi.~qe~~~,}:'lan" iArti"cle X of the Municipal Coc!e lpreoludes
.....;.h..~;,~"':::.;. .:........~..l.~, '1:1..:.'. ..... ,,'-' ~.;- '.':..J' . :),t_"
the issue of a'builcUnq pe%:1it fo: sucb construction 'without'~
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t."1e owner ol:rt:~ni:nq. a resi:dential allocation wi thin the ter:ns of
t."'1e Grow~ Manaqement Pl~~~ and,
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(cl t.~.. lodqe uni!;s'sb~ have local management '~hich :nay
be different for different. units.
3. Aq%"!ement and covenant... In consideration of t.h.e City's
approval of the exemption from subdivision of the said condo-
miniumization,the OWner hereby agrees with the City ~~at t.~e
;lrovisions ot aubparaqraphS (a}, (b) and (c) ot the ...cove par-
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agrap~';numbered 2 s~all encumQ~r t.~e subject property and the
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condominium :mits creat.ad::~eref'rom, shall nUi ."i t:h the land
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and .ll~l be enforeeable':~qioin8t all subsequent "'''''..rs t.~ereof.
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inCluding t..~e: OWner, ib joint vent::Jrar3, i'~:! successOr:! and
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and Assiqns.
Should ~~e subject ?rope~y not be ccndomi~i~~i:ed
and conveyed 3S such, this agreereent shall ~e n~l: and void and
t:..~e
subject property may be conveyed ::ree and c:aa:
any
to
all
applicabl.:! laws and ordinance.s iJ"l iurce on t..1.e dace of t..1.e
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!'he C::' 'c.y, in considera ticn of
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aqreement, exempts the condomini~~=~~ion described hersin
::om
t!'le definition of subdivision, suco"1 t.."1at conccmi.:liwn.i::ation
.'....
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:nay OCC"'.I.':' , wi t.i.out. fur"t..i.er: ac-..ion or approval by ':.~e City.
S~ Peroet.uities~./ ~e.covenants contai.:led herei:l are -:.0
run wi tb t..i.e land and shall be binding 011 all parti as and all
1
pe:sons clai~ng under t.i.e~ ~or a period of ~Nenty (20) yea=s
from the date ti.ese covenants are recorded, after ~hic.i. time,
t.i.e covenants, as contained in paragraph t.i.ree (J) I shall be
a~tcmatically ex~nd8d for successiva ?ericds 0: :3n (10)
years, unless an inst--umen~ signed by t..i.e ~cord owners of
ti.e proper-:.y and t..i.e Ma.yor or t..i.e Ci ty o.t Aspen pU:3uant t.o a
vote taken by t..i.e Cit.y Council has been =ecorc.ed "lihic."l c.i.anges
said covenant3, in whole or in ?a t, or which ~eleases ~~e game.
IN fi!~fESS iiEZ..~EOF, I:b.e par:ies have '!xecuted "'_i.is
agreeQent. in ,....spen, Colorado,t..i.is-15
day of a~.:t:;W_,0
1979.
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WRIGHT & ADGER
LAW PARTNERSHIP, LLP
201 NORTH MILl. STREET. SUITE 106
ASPEN. COLORADO Bt611
GARY A. WRIGHT. P.C.
ALLEN H. ADGER. P.C..
ASPEN TELEPHONE: g7Q.925-Sel2!5
BASALT 1C:LEPHONE: 97M27.90eO
FACSIMILE; 9700925-56153
OF COUNSEL.;
PHILIP J, O'CONNELL"
BRUCE 8. MCLARTY
CATALINA CRUZ
13 July 1998
.. ALSO AOMITT'EO TO
FLORIDA BAR
. ALSO AOMrTTEC TO
TEXAS AND LOUISIANA BAR
Aspen-Pitkin Planning Office
130 South Galena Street
Aspen, Colorado 81611
Re:
Proof of Ownership
Tipple Lodge Condominiums
Request for Insubstantial Amendment to Subdivision Exemption Agreement
To Whom it May Concern:
I am writing this letter in behalf of my clients, John 1. Faulkner, John R Faulkner and Mary
I. Faulkner, This letter is given to satisfy the Proof of Ownership requirement of my clients' Request
for Insubstantial Amendment to Subdivision Exemption Agreement for the Tipple Lodge
Condominiums which are owned by them in fee simple,
Based on my review of the records contained in the Pitkin County Clerk and Recorder's
Office it is my opinion that title to the property, described as Condominium Units 14, 15,21,22,23,
24, 25, 31, 32, 33, 34 and 35 Tipple Lodge Condominiums are vested in my above named individual
clients,
Sincerely,
WRIGHT & ADGER, LLP
By: ~____
G A. Wright
(;, \TrpPLE\TITLE.OP.GAW
,...
~
'-',
-
AFFIDAVIT OF CONSENT
,~
-
Given this IS- day of July 1998 by the owners of all of the Tipple Lodge Condominiums by
their duly authorized representative Mary 1. Faulkner whose address and telephone number are:
,...
Mary 1. Faulkner
P,O, Box 147
Aspen, Colorado 81612
telephone: 925-3764
-
This affidavit constitutes the written consent ofJohn L. Faulkner, JohnR, Faulkner and Mary
1. Faulkner as the owners of all of the twelve Tipple Lodge Condominiums located at 530 South
,... Galena Street, Aspen, Pitkin County, Colorado to be represented during the City of Aspen Land Use
Process by their attorney, Gary A, Wright.
-
,...
~PLELODGECONDO~S
by: ~/7.444 \../ ~//,1V..1'...f../
Mary 1. Faulkner
,...
,...
State of Colorado )
)ss.
County of Pitkin )
The foregoing Affidavit of Consent was subscribed and sworn to before me this (~y of
July 1998, by Mary 1. Faulkner for herself and as the as the authorized agent for John L. Faulkner
and John R, Faulkner,
,-
-
Q:pr
Notary ublic
~.i~my hand and official seal,
,""A;{~~'fS$ion expires: 8- II '"/" - J
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CITY OF ASPEN'
PRE.APPLlCA TION CONFERENCE SUMMARY.
.... PLANNER: Mitch Haas, 920,5095 DATE: 5.15,98
PROJECT: Tipple Lodge, Amendment of Subdivision Exemption Agreement
REPRESENTATIVE: Gary A. Wright; 201 N, Mill St, #106; Aspen, CO 81611 (970)925-5625
.... OWNER(S): Mary 1. Faulkner, John L. Faulkner, and John R. Faulkner
TYPE OF APPLICATION: Insubstantial Subdivision Amendment
DESCRIPTION: The Tipple Lodge Homeowners (Applicant) would like to amend the 1979 Subdivision i
,.... Exemption Agreement entered into by the Tipple Lodge Homeowners and the City of Aspen, Said agreement placed i
restrictions on the property requiring, among other things, that 10 units be available for short-tenn "lodge" rental, that no !
kitchens be allowed in the 10 lodge rooms, and that the lodge rooms have "local management." Currently, the property i
.... contains 12 free market condominiumized units (2 with kitchens, and 10 without kitchens and these 10 units are i
restricted to short-tenn lodge rental only), The Applicant seeks to amend the agreement pursuant to Section
26,88,070(B)(4) (aJk/a Ordinance 53, Series of 1993), The proposed amendments would result in 12 free market condo
,.. units (3 with kitchens, 9 without kitchens, remove all rental restrictions, and provide the ability to combine units with
kitchens with an adjacent kitchenless unit(s)), The proposed amendment would require City Council approvaL
Subsequent to obtaining approval of an amended Agreement, a revised Condo Plat would be required, The Tipple
- Lodge is in the LfIR (LodgelT ourist Residential) Zone District.
,...
More importantly, in the pre-application meeting, the applicant l'epresented that the end result of the proposed changes
would include a total of three (3) residential dwelling units where there previously were 2 stUdio apartments and 10
lodge rooms, Therefore, the proposed application would include a request for a change in use involving the creation of ,
one (1) new residential units, The Land Use Code provides for three (3) different exemptions from the GMQS scoring
and competition procedures for change in use applications: first, a change in use that results in no more than one (1)
residential unit being created (Section 26.100,050(B)(3)(a)); second, the change in use of a lodge previously zoned LP
(Section 26,100,050(D)(2)(a)); and third, the change in use of an existing structure between the residential, i
commercial/office, and tourist accommodations categories (Section 26.102,040(B)(1)(b)), Neither of the second two '
options would apply to the Tipple Lodge request. The frrst option, however, might be applicable, This option requires
approval of a GMQS Exemption by the Growth Management Commission at a noticed public hearing, If an exemption
is not obtained, the applicant would be required to compete for the one (1) new residential development allotment
through the 1998 Metro Area Residential GMQS Competition,
....
,..,....
,...
Another worthwhile consideration focuses on the fact that the LfIR Zone District bases its allowable densities on the i
number of bedrooms in a development, and requires 1,000 square feet of lot area per bedroom, This dimensional
requirement of the LfIR Zone District renders the existing use non-confonning (as the property contains less than
12,000 square feet), As such, the nonconfonnity cannot be expanded, Given that there are currently twelve (12)
bedrooms, the proposed changes would have to result in either maintaining a total of twelve bedrooms or having fewer
than twelve bedrooms,
....
,...
,...
In summary, the applicant will need to apply for a GMQS Exemption pursuant to Section 26,100,050(B)(3)(a), which
requires a properly noticed public hearing before the Growth Management Commission, In addition, the applicant will
need to request an amendment to their Subdivision Exemption Agreement pursuant to Section 26,88,070(B)(4) (aJk/a
Ordinance 53, Series of 1993), which requires a properly noticed public hearing before the City Council (two readings of
an Ordinance, with the public hearing at second reading), Without the GMQS Exemption, the proposed amendment to
the subdivision agreement cannot be approved. If the GMQS Exemption is obtained and an ordinance granting the
proposed amendment is then approved, a revised subdivision exemption agreement can then be prepared and
signed/approved,
....
Land Use Code Section(s) # and Code sections:
26,28,190, LodgelTourist Residential (LlTR) Zone District
,..., 26,88,050, Subdivision Agreement
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26,88,060, Amendment to Subdivision Development Order
26,88,070, Condominiumization (Subsection (B)(4), in particular)
26.32,030, Required Number of Off-Street Parking Spaces
26,40,050, Kitchens in Lodge Units
26.1 00,050(B)(3)(a), Growth Management Commission GMQS Exemptions
Chapter 26.44, Park Development Impact Fees
Chapter 26,52, Common Development Review Procedures
r""'
.-
Review by:
Growth Management Commission for the GMQS Exemption, and City Council for Amendment
of Subdivision Exemption Agreement; Community Development Director for subsequent '
Condo, Plat Amendment
Yes, at the GMC as well as at second reading before City Council.
Engineering, Housing, Zoning, Fire Marshall, Water, ACSD
Planning Deposit ($1,080 for GMQS Exemption by the GMC); $245 Flat Fee for Condo, Plat
Review
Engineering, Minor ($110); Housing Minor ($70)
$1,260 (additional hours beyond the 6 covered by the deposit are billed at a rate of $ 180/hour)
-
-
Public Hearing:
Referral Agencies:
Planning Fees:
.-
Referral Agency Fees:
Total Deposit:
~
,-
To apply, submit the following information:
1. Proof of ownership
2, Signed fee agreement
3. Applicant's name, address and telephone number in a letter signed by the applicant which states the name,
address and telephone number of the representative authorized to act on behalf of the applicant.
4, Street address and legal description of the parcel on which development is proposed to occur, consisting of a
current certificate from a title insurance company, or attorney licensed to practice in the State of Colorado,
listing the names of all owners of the property, and all mortgages, judgments, liens, easements, contracts and
agreements affecting the parcel, and demonstrating the owner's right to apply for the Development Application,
5, Total deposit for review of the application .'/
6, ~Copies of the complete application packet and maps,
HPC = 12; PZ = 10; GMC = PZ+5; CC = 7; Referral Agencies = 1/ea,; Planning Staff= 2
7, An 8 112" by 11" vicinity map locating the parcel within the City of Aspen,
8, Site improvement survey including topography and vegetation showing the current status, including all
easements and vacated rights of way, of the parcel certified by a registered land surveyor, licensed in the state of
Colorado, (This requirement, or any part thereof, may be waived by the Community Development Department if
the project is determined not to warrant a survey document,)
9, A written description of the proposal and an explanation in written, graphic, or model fonn of how the proposed
development complies with the review standards relevant to the development application, Please include
existing conditions as well as proposed,
10, Copies of prior approvals (including copy of original agreement and existing condo plat),
11. A written (typed) letter specifYing each change being requested, The letter should specifY the langUage to be
changed, the proposed replacement language, the rationale behind proposing the .specific changes, and
justification for why the proposed changes should be approved/accepted, The letter should also state that the
proposed revisions are being requested pursuant to Land Use Code Section 26,88,070(B)( 4) and Ordinance 53,
Series of 1993,
Staff will accept a one-copy submittal for review, After ,a cursory review, the application would be returned to the
applicant for revision and/or completion, A full submittal of28 copies of the revised application would then be required, '
.-
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In the event that you should have any questions regarding the foregoing, please do not hesitate to contact Mitch
Haas of the Community Development Department at 920-5095,
* The foregoing summary is advisory only and is not binding on the City, The opinions contained herein are based
on current zoning and regulations, which are subject to change in the future, and, upon factual representations that mayor
may not be accurate, The summary does not, in any way, create a legal or vested right.
-
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ASPEN/PITKIN COMMUNITY DEVELOPMENT DEPARTMENT
Agreement for Payment of City of Aspen Development Application Fees
(please Print Clearly)
CITY OF ASPEN (hereinafter CITY) and M;,.-y T. Faulkner
(hereinafter APPLICAN1) AGREE AS FOLLOWS:
1. APPLICANT has submitted to CI1Y an application for Insubstantial
An:errlrrent to Sul:xiivision Exemption Aqreenent (hereinafter, THE PROJECT),
2, APPLICANT understands and agrees that City of Aspen Ordinance No, 43 (Series of 1996)
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 CI1Y 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 further agree that it is in the interest of the parties to allow
APPLICANT to make payment of an initial deposit and to thereafter permit additional costs to be
billed to APPLICANT on a monthly basis, APPLICANT agrees he will be benefited by retaining
greater cash liquidity and will make additional payments upon notification by the CI1Y 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, CI1Y and APPLICANT further agree that it is impracticable for CI1Y 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
approval, 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$ fi10 .00 which is for hours of Planning staff time, and if
actual recorded costs exceed the initial deposit, APPLICANT shall pay additional monthly billings
to CI1Y to reimburse the CI1Y for the processing of the application mentioned above, including
post approval review, 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,
CITY OF ASPEN
APPLICANT
Signature:
Date:
Printed Name:
Mailing Address:
~~ ~ ~N/~
;g., JUt. Y '7 r
Mary.-I. Faulkner
Post Office Box 147
Stan Clauson
Community Development Director
City of Aspen
Aspen. Colorado 81612
925-3764
I""'
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...
ATTACHMENT 2
DIII/IENSIONAL REQUIREMENTS FORM
...
Project:
Applicant:
Location:
Zone District:
Lot Size:
Lot Area:
Tipple lodge Insubstantial 1\nendment
Marv I. Faulkner. JOM L. Faulkner. and Jolm R. Faulkner
530 South Galena Street
L/T/R
60' x 120'
7200 SQuare Feet
(for the purposes of calculating Floor Area, Lot Area may be reduced for areas
within the high water mark, easements, and steep slopes, Please refer to the
defmition of Lot Area in the Municipal Code,)
...
~
-
,...
Commercial net leasable:
Nwnber of residential units:
Nwnber of bedrooms:
Existing: 0
Existing: 2
Existing: 12
Proposed: 0
Proposed: 3
Proposed: 12
...
Proposed % of demolition (Historic properties only):
DIMENSIONS:
I""' Existing: unknown Allowable:
Floor Area:
Principal bldg, height: Existing: nnknown Allowable:
...
Access, bldg, height: Existing: Allowable:
On-Site parking: Existing: 8 Required:
,
...
% Site coverage: Existing: unki10wn Required:
% Open Space: Existing: unknown Required:
...
Front Setback: Existing: unknown Required:
Rear Setback: Existing: unknown Required:
...
Combined FIR: Existing: nnkndWTl Required:
Side Setback: Existing: unknown Required:
,...
Side Setback: Existing: unknown Required:
Combined Sides: Existing: unknown Required:
...
Proposed: no change
Proposed: no change
Proposed:
Proposed: no change
Proposed: no chanqe
Proposed: no change
Proposed: no change
Proposed: no change
Proposed: no change
Proposed: no change
Proposed: no change
Proposed: no chanqe
...
Existing non-conformities or encroachments:
...
Variations requested:
...
This building was legal when built in 1967 and 1968. Noac=ate infonnation
is readily available to respond to llOre nodern concepts such as FAR.
Applicants note that the approval of their requested amendment will have no
effect on any of the existing dimensions. '
I""'
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,,-,..,
ASPEN/PITKIN COl\1MUNITY DEVELOPMENT DEPARTMENT
Agreement for Payment of City of Aspen Development Application Fees
(please Print Clearly)
CITY OF ASPEN (hereinafter CITY) and MRry T _ Fall1lmer
(hereinafter APPLICANT) AGREE AS FOLLOWS:
1, APPLICANT has submitted to CITY an application for Insubstantial
Amendment to Subdivision Exemption Aqreement (hereinafter, THE PROJECT),
2, APPLICANT Understands and agrees that City of Aspen Ordinance No, 43 (Series of 1996)
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 further agree that it is in the interest of the parties to allow
APPLICANT to make payment of an initial deposit and to thereafter permit additional costs to be
billed to APPLICANT on a monthly basis, 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
approval, unless current billings are paid m' 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$ 1)10_00 which is for hours of Planning 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, 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,
CITY OF ASPEN
APPLICANT
Stan Clauson
Community Development Director
City of Aspen
Signature: ~~ ~ ~-'
Date: :;;g.., JULi-' 9r
Printed Name: Mar}L I. Faulkner
Mailing Address: Post Office Box 147
Asoen. Colorado 81612
925-3764
MEMORANDUM
Vl'la'
TO:
Mayor and City Cou!lci1 , .
Amy Margerum, City Manager~
Diane Moore, City Pla~ning Oirecto~
Francis X. Krizmanich, Deputy .Oirector
THRU:
THRU:
FROM:
RE:
Condominiumization Amendments, - Second Reading and Pub1ic
Hearing of Ordinance 53, Series of 1993. '
DATE:
November 8., 1993
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st1HMARy: This is the second reading and public hearing of
Ordinance 53, which proposes to amend the City Condominiumization
procedure. The staff rec,ommends that the Council approve the
attached Ordinance.
PREVIOUS COOllCIL ACTION: The Council
amendments to the City Condominiumization
reading on October 12, 1993.
BACKGROUND: ,The Colorado Common Interest Ownership Act (CCIOA)
requires that local laws cannot treat properties differently merely
because of the, form of ownership; it appears that the Aspen
condominium regulations, as written, may be in conflict with this
statute.
reviewed the proposed
procedure at the first
The Planning Staff disclissed proposed amendments to, Section 7-
1007, Condominiumization, at 'Worksessions with the Planning
Commission on July 20 and August 3, 1993. On August 17, 1993, a
public hearing was held. At the conclusion of the hearing, the
Planning Commission recommended approval of the proposed amendments
and requested that the staff draft a resolution recommending
approval to the City Council. This resolution is attached as
"Exhibit I".
The staff has recommended that thoa condominiumization regulation
be ,amended to be, a simple administrative subdivision platting
process, and that the requirements for housing mitigation would be
deleted. Staff also recommended adding "long term" to the purpose
sections of the residential zone districts to reflect their
residential nature. 'A definition f,or "long term" is also proposed:
The Planning Ccmmission agreed with these recommendations.
The staff notes that the proposed ordinance differs from the
Planning Commission recommendation in two areas: 1) The definition
of long-term was modified at the recomme'ndation of the City
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Attorney for clarity. 2) The Planning commission resolutio
refers to a condominium appli.cation to the entire subdivisi, 1
regulation (Section 7-1004) for the applicable platting standards,
Upon fU,rther COi'lsideration, staff, has provided for a separate
procedure for condominium subdi','iiSion exemption plats 'so that the
process is as straight forward as possible to aid both ~he public
and the staff.
HISTORY: Based on direction from the City council in December of
1992, the staff met with" the Planning commission on July 20, 1993,
and proposed that the permitted use sections of the residential
zone districts be restricted to long-term occupancy (six month
minimum lease) with two shorter tenancies per year allowed.
Alternatively, short term accommodations (hotels, motels, lodges
and some residences) were proposed to be' limited to short term
occupancy. This proposal recommended adding a new subsLction "F"
to the residential and, lodge zone districts. Subsection "F"
generally would have required six month minimum leases in all
residential zone districts; in lodging districts, short term
rentals were required.
The planning Commission expressed the following concerns with this
proposal regarding the addition of a six month minimum lease to all
the permitted use sections and short term requirements for lodges:
. It does not appear that the proposed restrictions are
necessary at this time.
. The trend appears to be away from the short term rental of
dwellings in residential zones, in part due to an increased
supply of quality hotel accommodations in Aspen.
. The market tends to "adjust" itself to maintain a balance
between resident and short term accommodations.
. Enforcement of. lease restrictions would be extremely difficult
and would probably be somewhat unpopular with the general
public.
. It does not appear necessary to require short term rental of
lodge properties at this time.
At the second worksession with the Planning Commission on August
3, 1993, the staff discussed ,a different approach to occupancy
restrictions. The staff opinion at that time was that the,existing
zone district "Purpose" sections and the Land Use Code d~finitions
adequately define and regulate residential and tourist
accommodations; however. in an attempt to strengthen ,the
residential nature of certain zone districts, "long term" was added
to the purpose section., The definition of "long term'; and the
purpose sections are included ,in "Exhibit 1", the Planning
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Commission's recommendation.
The second worksession on August 3, 1993, also focused on the need
to require six month minimum lease restrictions in the permitted
use section of the residential districts as we,ll as requiring short'
term leasing in the 10dging districts. Memlers of both the City
Council and the Planning Commission, as we11'as the Planning staff,
had originally voiced concerns that removing the six month minimum
lease restriction could lead to increased di&p1acement of local
residents from long term rental housing. Based on our previous
research (Sp.e Exhibit "2") and discussions with the Planning
Commission, the staff opinion at this time is that removing the six
month minimum lease restriction from the condominiumization process
will have little effect because lllC3t of the larger projects that
house employees have been condominiumized and/or contain six month
minimum lease restrictions. In fact, it appears from reading the
Colorado 'Common Interest Ownership Act (CCIOA) that the six month
lease restriction (based on a condominiumization application) is
precisely the type of regulation that is prohibited. While the
staff was originally concerned that,CCIOA would l1egatively impact
the local housing market, it appears at this time that other
regulations will fill th is void; including Ordinance L and the
Growth Management Quota System for new projects. These issues are
outlined in the attached Exhibit 2.
While the CCIOA prohibits regulations that treat condominium
interests differently than other property ownerships, this Act is
not retroactive, All previously restricted residential
condominiums which have a six month restriction would remain
restricted unless those restrictions are repealed by City Council.
One approach which the Planning Commission discussed at the August
3 meeting was to amend the condominiumization regulations to make
them a simple platting procedure (to comply with CCIOA), while
making the recommendation to the City Council that the six month
minimum lease requirement not be removed for any previously
approved condominiumization, In addition, it appeared that broadly
applying a six month lease restriction to all residential
properties ignores the diverse, qualities that make each
neighborhood unique ("messy vitality"). By adding "long term" to
the purpose section of the residential zone districts, this concern
will be addressed. Based on the above, the Planning Commission
discussed the potential of holding a future worksession with City
Council and the possibility of analyzing the true effect of
occupancy restrictions ~ short and long term - as they affect the
character of ASpen.
Staff finds that the proposed text amendments outlined in the
proposed ordinance meet the review criteria for text amendments
(Section 24-7-1102) as outlined in the attached Exhibit 3.
SUMMARY: The proposed amendments will:
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. Provide for a simple administrative subdivision process.
. Eliminate the affordable housing fee for future
condominiumizations.
. Eliminate the 6 month minimum lease requirement as
requirement of condominiumization.
. ~dd "long term" to the purpose section of residential zone
districts.
. Add a definition of long term to strengthen residential zone
distric,ts.
RECOJOllENDATION: The Planning and zoning commission
Planning Staff recommend that the City council amend the
Code as outlined in the attached Ordinance.
and the
Land Use
PROPOSED MOTION: "I move to approve Ordinance 53, Series of 1993,
amending the condominiumization regulations and amending the
purpose sections of the residential zone districts and including
a definition of long term in the Definition section."
CITY KANAGER COJOll~NTS:
ATTACHMENTS:
Ordinance 53, Series of 1993
EXhibits:
"1" P&Z Resolution recommending approval of the proposed revisions,
to the Land Use Code
"2" Memorandum to Council re: Condominiumization, dated 12/7/92
from Leslie Lamont
"3" Condominiumization Text Amendments - Review Criteria
"4" Public Notice
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TO:
KEKORANDOH
:::o:a:::r~~Yc:::n::~age~
Diane Moore, City Planning Directo~
Francis x. Krizmanich, Deputy Director
THRU:
THRU:
FROM:
RE:
Condominiumization Amendments
Ordinance &:L" Series of 1993
First Reading of
DATE:
October 12, 1993
=========================.=================.=======================
SUMMARY: The Colorado Common Interest Ownership Act (CCIOA)
requires that local laws cannot treat properties differently merely
because of the form of ownership; it appears that the Aspen
condominium regulations, as written, may be in conflict with this
statute.
The Planning Staff discussed proposed amendments to Section 7-
1007, Condominiumization, at worksessions with the Planning
Commission on July 20 and August 3, 1993. On August 17, 1993, a
pUblic hearing was held. ,At the conclusion of the hearing ,the
Planning Commission reconur.ended approval of the proposed amendments
and requested that the staff draft a resolution recommending
approval to the City Council. This resolution is attached as
"Exhibit 1",
The staff has recommended that the condominiumization regulation
be amended to bea simple administrative subdivision platting
process, and that the requirements for housing mitigation would be
deleted. Staff also recommended adding "long term" to the PUrpose
sections of the residential zone districts to reflect their
residential nature. A definition for "long term" is also proposed,
The Planning Commission agreed with these recommendations.
The staff notes that the proposed ordinance differs from the
Planning Commission recommendation in two areas: 1) The definition
of long-term was modified at the recommendation of the City
Attorney for clarity. 2) The Planning Commission resolution
refers to a condominium application to the entire SUbdivision
regulation (Section 7-1004) for the applicable platting standards.
Upon further consideration, staff has provided for a separate
procedure for condominium ,subdivision exemption plats so that the
process is as straight forward as possible to aid both the public
and the staff.
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HISTORY: Based on direction from the City Council in December of
1992, the staff met with the Planning Commission on July 20, 1993,
and proposed that the permitted use sections of the residential
zone districts be restricted to long-term occupancy (six month
minimum lease) with two shorter tenancies per year allowed.
Alternatively, short term accommodations (hotels, motels, lodges
and some residences) were ,proposed to be limited to short term
occupancy. This proposal recommended adding a new subsection "F"
to ,the residential and lodge zone districts. Subsection "I:'''
generally would have required six month minimum leases in all
residential zone districts; in lodging districts, short term
rentals were required.
The Planning Commission expressed the following concerns with this
proposal regarding the addition of a six month minimum lease to all
the permitted use sections and short term requirements for lodges:
· It does not appear that the proposed restrictions are
necessar~ at this time.
· The trend appears to be away from the short term rental of
dwellings in residential zones, in part due to an increased
s\.lppl~' of qU.;\lit\, hC't~l .;\("'("(\mm<,d",t.i"'tu:s; .in ..~:t'p~n..
. The market tends to "adjust" itself to maintain a balance
bet-,,'een resident and short term accommodations..
· Enforcement of lease restrictions would be extremely diff icul t
and would probably be somewhat unpopular with the general
public.
· It does not appear necessary to require short term rental of
lodge properties at this time.
At the second worksession with the Planning Commission on August
3, 1993, the staff discussed a different approach to Occupancy
restrictions. The staff opinivn at that time was that the existing
zone district "Purpose" sections and the Land Use Code definitions
adequately define and regulate resi,dential and tourist
accommodations; however, in an attempt to strengthen the
residential nature of certain zone districts, "long term" was added
to the purpose section. The definition of "long term" and the
purpose sections are included in "Exhibit 1", the Planning
Commission's recommendation.
The second worksession on August 3, 1993, also focused on the need
to require six month minimum lease restrictions in the permitted
use section of , the residential districts as well as requiring short
term leasing in the lodging districts. Members of both the City
Council and the Planning Commission, as well as the Planning staff,
had origin~lly voiced concerns that removing the six month minimum
lease restriction could lead to increased disp1acem,nt of local
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residents from long term rental housing. Based on our previous
research (See Exhibit "2") and discussions with the Planning
Commission, the staff opinion at this time is that removing the six
month minimum lease restriction from the condominiumization process
will have little effect because most of the larger projects that
house employees have been condominiumized and/or contain six month
minimum lease r~strictions. In fact, it appears from reading the
. Colorado Common Interest Ownership Act (CCIOA) that the six month
lease restriction (based on a condominiumization application) is
precisely the type of regulation that is prohibited. While the
staff was originally concerned that,CCIOA would negatively impact
the local housing market, it appears at, this time that other
regulations will fill this void; including Ordinance 1 and the
Growth Management Quota System for new projects. These issues are
outlined in the attached Exhibit 2.
While the CCIOA prohibits regulations that treat condominium
interests differently than other property ownerships, this Act is
not retroactive. All previously restricted residential
condominiums which have a six month restriction would remain
restricted unless those restrictions are repealed by City Council.
One approach which the Planning Commission discussed at the August
3 meeting was to amend the condominiumization regulations to make
them a simple platting procedure (to comply with CCIOA), while
making the recommenda~ion to the City Council that the six month
minimum lease requirement not be removed for any' previously
approved condominiumization. In addition, it appeared that broadly
applying a six month lease restriction to all residential
properties ignores the diverse qua1i ties that make each
neighborhood unique ("messy vitality"). By adding "long term" to
the purpose section of the residential zone districts, this concern
will be addressed. Based on the above, the Planning Commis:;;ion
discussed the potential of holding a f~ture worksession with City
Council and the possibility of analyzing the true effect of
occupancy restrictions - short and long term - as they affect the
character of Aspen.
Staff finds that the proposed text amendments outlined in the
proposed ordinance meet the review criteria for text amendments
(Section 24-7-1102) as outlined in the attached Exhibit 3.
SUMMARY: The proposed amendments will:
· Provide for a simple administrative subdivision ?rocess.
· Eliminate the affordable housing fee tor future
condominiumizations.
· Eliminate the 6 month minimum lease requirement as a
requirement of condominiumization.
· ,Add" long term" to the purpose section of residential zone
districts.
· Add a definition of long term to strengthen residential zone
districts.
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RECOMMENDATION: The Planning and Zoning Commis$ion
Planning Staff recommend that the City Council amend the
Code as outlined in the attached Ordinance.
and the
Land Use
ALTERNATIVE: Council may wish to amend the permitted use sections
of the residential zone districts to restate the six month minimum
lease restriction for residential units.
PROPOSED MOTION: "I ,move to read Ordinance _, series of 1993,
amending the condorniniumization regulations and amending the
pcrpose sections of the residential zone districts and including
a definition of long term in the Definition section."
"I move to approve Ordinance' _, series of 1993, amending the
condominiumization regulations and amending the purpose sections
of the residential zone districts and including a definition of
long term in the Definition section."
CITY MANAGER COMMENTS:
ATTACHMENTS:
Ordinance
-.
Series of 1993
Exhibits:
"1" P&Z Resolution recommending approval of the' proposed revisions
to the Land Use Code
"2" Memorandum to Council re: Condominiumization, dated 12/7/92
from Leslie Lamont
"3" Condominiumization Text Amendments - Review Criteria
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SUBDIVISION EXEMPTION AGREEMENT
1. Parties. The parties to this agreement are The Tipple
Lodge, a joint venture ("the Owner") and the City of Aspen,
Colorado, a municipal corporation ("tIle City").
2. Recitations. The Owner holds fee title to the
following described property ("the subject property") in the
City of Aspen, Pitkin County, Colorado:
Lot 2, Tipple Woods Subdivision, according to
the recorded plat for Tipple Woods Subdivision
recorded as Document No. 107798 in Ditch Book
2A at Page 250 of the records of Pitkin County,
Colorado.
The subject property is improved with a three-story building
containing bro studio apartments, ten bed- and bathroom units
r" ("lodge units"), and enclosed area used for interior circulation,
lounge, reception'room, laundry room, and mechanical and
storage purposes. The ~vner desires to condominiumize the
building into ten lodge units and two studio units, all of
,which may be held in separate ownerships, and,the remainder
into common elements. Pursuant to Section 20~19(b) of the
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Municipal Code of the Ci ty of Aspen, Colorado, the o-wner
requested t..'1at the above descril::>ed condominiumization be exempted
from the definition of a subdivision set forth in Section 20-3(5)
of the M~~icipal Code. Concerned that the condomini~~ization
might reduce the supply of short-term housing in the L-2 zone
district of the City of Aspen by virtue of lodge condominium
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~ unit owners' use of the units as residences and/or withholding
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the lodge units from the rental market, the City Council
required, as a condition of its approval of the exemption
application, that the ONner enter into an agreement with the
City restricting the use of the subject property and the
condominium units created therefrom as follows.
(a) the ten lodge units shall be made available for
short-term rental at market rates and shall be registered with
a central reservations entity in Pitkin,county, Colorado; and,
(b) no kitchen shall be constructed in any of the lodge
!Units without the owner thereof having obtained a building
p~rroi t therefor, it being specifically unders tood that the
~rowth Management Plan (Article X of the Municipal Code) precludes
("""" ithe issue of ?l building perroi t for such construction without
;the owner obtaining a residential allocation within the terms of
the Gro\.;th Management Plan; and,
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! (c) the lodge units shall have local management which may
I
I be '~ifferent for different units.
L~. 3.' Agreement and covenant. In consideration of the City' s
approval of the exemption from subdivision of the said cbndo-
miniumization, the OWner hereby agrees with the City that the
provisions of subparagraphs (a), (b) and (c) of the above par-
agraph numbered 2 shall encumber the subject property and the
condominium units created therefrom, shall run with the land
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and shall be enforceable against all subsequent owners thereof,
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including the OWner, its joint venturers, its successors and
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and assigns. Should the subject property not be condominiumized,
and conveyed as such, this agreement shall be null and void and
the subject property may be conveyed free and clear of any
restrictions imposed by this agreement, but subject to all
applicable laws and ordinances in force on the date of the
conveyance.
4. SubdiVision exemption. The City, in consideration of
this agreement, exempts the condominiumization described herein
from the definition of, subdivision,' such that condominiumization
may occur without further action or approval by the City.
5. Perpetuities. The covenants contained herein are to
run with the land and shall be binding on all parties and all .' ,
persons claiming under them for a period of twenty (20) years
from the date L~ese covenants are recorded, after which time,
the covenants, as contained in paragraph three (3), shall be
'automatically extended for successive periods of ten (10)
years, unless an instrument signed by the record owners of
th~ property and the Mayor of the City of Aspen pursuant to a
vote taken by the City Council has been recorded which changes
said covenants, in whole or in part, or whicl1_,rE;lleases the same.
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IN WITNESS WHEREOF, the parties h,ave executed this
_agreement in ltspen, Colorado, t..i.'isc.?5
day of i.k.--t~t.uJ
,
1979.
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THE CITY OF ASPEN, COLORADO,'
a municipal corporation,
by
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ayor
ATTEST:
" , ~:t:j,r..; i i\ ) 4' /:{c?K.-
Ci ty C~rk
, (MUNICIPAL SEAL)
THE TIPPLE LODGE,
a Joint venture,
i ~Jk~
Joint venturer
, , , '~~~l/.' ;t,,<,m/L'~
~!ft'venturer
STATE OF COLORADO
COUNTY OF PITKIN
)
) ss.
,........
The foregoing instrument was acknowledged before me by
Herman Edel and Kathryn S. Koch, mayor and city clerk,
'respectively, 9t the City 9f ~s~en, Colorado, for the City of
Aspen, this,.,;7~day of {,7.-'iV/::Jer _, 1979.
Witness my hand and officia,l,seal. , ,
My commission expires: Ce:etkr 19, i?8;J- ,
..;${'~.Jl5/~/n1iJ?t) _,
Nota Public
, . ,
(NOTARIAL SEAL)
STATE OF C<:'40RADO )
COUNTY OF r~ ) ss.
'~ The,foregoing instrument was acknowJ.edged before
Jo.h.lr~~",~a,~lkner" Joint v,enturer OfO. The Tipple Lodge,
.J~ii).l:,"y.~t:u:re,th~s 17tti.day, o~ ' 'tG:t7U/'0l.-l
:" 'V ,'W~.tl:l'E!s,s.,my hand andofhcJ.al seal.
(~/'(;~~;:,~,o,~is;3ion expires:.,z-/9'f..3 , /),
\7NOTAAiki:~iit;,> "",' '~<-e' .~,(1;~
\.'~~ ....~..~:.i~::;;:;',~,';;~.'i.<.! ' Nt, P~l'
.. ~ ~;~~}:; ;.':;1....., :}"" -.' .~ 0 ary ~c
' "'..;"rj~!tr:-~;it~r:~:~ \,/
STATj;;';, 'OF COLORADO
COUNTY 9F Il.d~
me by
for the
, 1979.
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The foregoing instrument was acknowledged before
Mary.,;t~F,',aulkner, join..:!; venturer of 'f;.!l,e ,Tipl?le Lodge~
jq~t'''vei:1:ture, this I/C:lcday of ,,(( .Jr'~e...+J-tLe-c ' , , , ,
'<~"'f":tvi5tness mv hand and official, seal.
r, .,/~~:;:~~:~\M~<~~':niinission expires:;2-/~_J3 /7 . h' /.J
' /,.., :iNotrARIAL""S'EALl' ~--..J / .!1' L()~~
l; \,<:j?,:~t;~i,~~:)k} Notary Public
.. <"... ...',..;.;'!...::""'.....\.'...;.......
."':<d~}~f:~~:,:>r>:'"
me by
for the
, 1979.
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