HomeMy WebLinkAboutcoa.lu.ca.104 W Cooper Ave.0057.2009THE CITY OF ASPEN
City of Aspen Community Development Department
CASE NUMBER
PARCEL ID NUMBER
PROJECTS ADDRESS
PLANNER
CASE DESCRIPTION
0057.2009.ASLU
2735.12.4.69.011
104 W. COOPER AVE
CHRIS BENDON
CODE AMENDMENT (tNIF
REPRESENTATIVE
DATE OF FINAL ACTION
RICKI MCCHUGH
09.16.2009
CLOSED BY Angela Scorey on 09/24/2009
I~Y+k++~ IPidds I I~ IPercejc If=»srmnrerY IgubQarmits IAttxlvr~entslRo~tingstatus ~ROUtsrq a
Permit Type aslu -Aspen Land Use Permit t 0057.2009.ASLU
Address 104 W COOPER AVE ~ Apt/Suite 4
City ASPEN State CO - Zp 81611 J
_. _._
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.Perrot Information -:-:: __ _:.
'-
~. Routlnq Queue aslu07 AppYed 09/21/2009
Master Permit ~- J
Project J Status Pending Approved rJ
Desuiptbn CODE AMENDMENT - RMF REPLACEMENT Issued ~~
Final ~-J
Submitted RICKI MCCHUGH Clock Running Days ~ Expires 09/16/2010
Last Name HEALY J post Name JOSEPH E 104 W COOPER AVE
4
F+haru (970) 544-9930 ASPEN CO 81611
r owner Is AppYcant7
-Applkant--..__. __._ _._ ____ ._....___ .. _.......
Last Name CITV OF ASPEN CITY HALL J Fvst Name ~_ 130 5 GALENA ST
ASPEN CO 61611
phone (970) 920-5000 Cult it 27054 J
.
-Lander _ _. _. _ _... _: -:.:-. -:- _._
Last Name J FVSt Name ~-
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Enter the slate of the permit address '~, AspenGold(bj _- __ Record 1 of
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ORDINANCE N0.20
(SERIES OF 2009)
AN EMERGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN,
COLORADO, AMENDING THE EXEMPTION PROVISIONS OF THE RESIDENTIAL
MULTI-FAMILY HOUSING REPLACEMENT PROGRAM OF THE CITY OF ASPEN
LAND USE CODE
WHEREAS, The City of Aspen is a Home Rule Municipal Corporation organized under
and pursuant to Article XX of the Colorado Constitution and the City of Aspen Home Rule
Charter; and,
WHEREAS, by virtue of such authority, and as further authorized by State Statutes
including but not limited to C.R.S. 29-10-1-1 et seq. and 31-23-301 et seq., the City of Aspen has
broad authority to enact requirements to plan for and regulate the use and development of land
on the basis of impacts thereof on the community and surrounding areas; and,
WHEREAS, because certain requirements and limitations on the demolition of multi-
family buildings aze affecting development plans of ongoing projects to effectively prohibit
substantial energy efficiency measures from being implemented and such requirements and
limitations may negatively impact the health, peace, safety, and general well-being of the
residents and visitors of Aspen, urger,action is necessary and the provisions of Section 4.11 of
the City of Aspen Municipal Charter aze warranted; and,
WHEREAS, enacting exemptions from certain provisions and requirements of the
Residential Multi-Family Housing Replacement Program will permit and encourage structural,
safety, accessibility, and energy efficiency measures to be made to buildings; and,
WHEREAS, the City Council finds that the implementation of changes to the City of
Aspen Land Use Code, on an emergency basis and as described in this Ordinance, furthers and are
necessary for the promotion of public health, safety, and welfaze and are necessary to implement
immediately in order to preserve the health, peace, safety, and general well-being of the residents
and visitors of Aspen, pursuant to the provisions of Section 4.11 of the City of Aspen Municipal
Charter.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF ASPEN, COLORADO as follows:
Section l: Code Amendment
Section 26.470.070.5.8.f -which sub-section shall be added providing an additional exemption
from the provisions of the Multi-Family Housing Replacement Program, as follows:
f. A change order to an issued and active building permit that proposes to exceed the
limitations of remodeling/demolition to rebuild portions of a structure which, in the opinion of
the Community Development Director, should be rebuilt for structural, safety, accessibility, or
significant energy efficiency reasons first realized during construction, which were not known
and could not have been reasonably predicted prior to construction, and which cause no or
minimal changes to the exterior dimensions and chazacter of the building.
Emergency Ordinance Page 1
Ordinance No. „1 v ,Series of 2009
Section 2• Effective Date and Expiration:
This Ordinance shall be effective immediately upon adoption pursuant to Section 4.11 of
the City of Aspen Municipal Charter. Unless otherwise extended, this code amendment
shall expire on its own accord without any further action by the City Council on August
4, 2010.
Section 3:
This Ordinance shall not affect any existing litigation and shall not operate as an abatement
of any action or proceeding now pending under or by virtue of the ordinances repealed or
amended as herein provided, and the same shall be conducted and concluded under such
prior ordinances.
Section 4:
If any section, subsection, sentence, clause, phrase, or portion of this Ordinance is for any
reason held invalid or unconstitutional in a court of competent jurisdiction, such portion shall
be deemed a separate, distinct and independent provision and shall not affect the validity of
the remaining portions thereof.
Section 5:
That the City Clerk~is directed, upon the adoption of this Ordinance, to publish a copy of this
ordinance in a newspaper of general circulation within ten (10) days, or as soon thereafter as
possible, and record a copy of this Ordinance in the office of the Pitkin County Clerk and
Recorder.
INTRODUCED, READ, AND SCHEDULED FOR SECOND READING as provided by law,
by the City Council of the City of Aspen on the 3"~ day of August, 2009.
Attest:
L/
Kathryn S. ch, City Clerk
' jZ~~~G/ B-S-r~9
Michael C. Irela do Mayor
FINALLY, adopted, passed and approved this 4s' day of August 2009.
Attest:
~~ 8-s.~'
Kathryn S. c ,City Clerk Michael C. Ireland, ayor
Approved as to form:
'~`3o'hn'1P.~ or ester, City Attorney
Emergency Ordinance Page 2
Ordinance No. '2~0 ,Series of 2009
~~
ORDINANCE N0~
(SERIES OF 2009)
August 4`h Second Reading Draft
AN EMERGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN,
COLORADO, AMENDING THE EXEMPTION PROVISIONS OF THE RESIDENTIAL
MULTI-FAMILY HOUSING REPLACEMENT PROGRAM OF THE CITY OF ASPEN
LAND USE CODE
WHEREAS, The City of Aspen is a Home Rule Municipal Corporation organized under
and pursuant to Article XX of the Colorado Constitution and the City of Aspen Home Rule
Charter; and,
WHEREAS, by virtue of such authority, and as further authorized by State Statutes
including but not limited to C.R.S. 29-10-1-1 et seq. and 31-23-301 et seq., the City of Aspen has
broad authority to enact requirements to plan for and regulate the use and development of land
on the basis of impacts thereof on the community and surrounding areas; and,
WHEREAS, because certain requirements and limitations on the demolition of multi-
family buildings are affecting development plans of ongoing projects to effectively prohibit
substantial energy efficiency measures from being implemented and such requirements and
limitations may negatively impact the health, peace, safety, and general well-being of the
residents and visitors of Aspen, urgent action is necessary and the provisions of Section 4.11 of
the City of Aspen Municipal Charter are warranted; and,
WHEREAS, enacting exemptions from certain provisions and requirements of the
Residential Multi-Family Housing Replacement Program will permit and encourage structural,
safety, accessibility, and energy efficiency measures to be made to buildings; and,
WHEREAS, the City Council finds that the implementation of changes to the City of
Aspen Land Use Code, on an emergency basis and as described in this Ordinance, furthers and are
necessary for the promotion of public health, safety, and welfare and are necessary to implement
immediately in order to preserve the health, peace, safety, and general well-being of the residents
and visitors of Aspen, pursuant to the provisions of Section 4.11 of the City of Aspen Municipal
Charter.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF ASPEN, COLORADO as follows:
Section 1: Code Amendment
Section 26.470.070.5.8.f -which sub-section shall be added providing an additional exemption
from the provisions of the Multi-Family Housing Replacement Program, as follows:
f. A change order to an issued and active building permit that proposes to exceed the
limitations of remodeling/demolition to rebuild portions of a structure which, in the opinion
of the Community Development Director, should be rebuilt for structural, safety,
accessibility, or significant energy efficiency reasons first realized during construction, which
were not known and could not have been reasonably predicted prior to construction, and
which cause no or minimal changes to the exterior dimensions and character of the building.
Emergency Ordinance Page 1
Ordinance No. _, Series of 2009
•
Section 2: Effective Date and Expiration:
This Ordinance shall be effective immediately upon adoption pursuant to Section 4.11 of
the City of Aspen Municipal Charter. Unless otherwise extended, this code amendment
shall expire on its own accord without any further action by the City Council on August
4, 2010.
Section 3:
This Ordinance shall not affect any existing litigation and shall not operate as an abatement
of any action or proceeding now pending under or by virtue of the ordinances repealed or
amended as herein provided, and the same shall be conducted and concluded under such
prior ordinances.
Section 4:
If any section, subsection, sentence, clause, phrase, or portion of this Ordinance is for any
reason held invalid or unconstitutional in a court of competent jurisdiction, such portion shall
be deemed a separate, distinct and independent provision and shall not affect the validity of
the remaining portions thereof.
Section 5:
That the City Clerk is directed, upon the adoption of this Ordinance, to publish a copy of this
ordinance in a newspaper of general circulation within ten (10) days, or as soon thereafter as
possible, and record a copy of this Ordinance in the office of the Pitkin County Clerk and
Recorder.
INTRODUCED, READ, AND SCHEDULED FOR SECOND READING as provided by law,
by the City Council of the City of Aspen on the 3`d day of August, 2009.
Attest:
Kathryn S. Koch, City Clerk
Michael C. Ireland, Mayor
FINALLY, adopted, passed and approved this day of , 2009.
Attest:
Kathryn S. Koch, City Clerk
Michael C. Ireland, Mayor
Approved as to form:
John P. Worcester, City Attorney
Emergency Ordinance Page 2
Ordinance No. ,Series of 2009
Exhibit A
26.470.070.5 -Demolition or Redevelopment of Multi-Family Housing. The City of
Aspen's neighborhoods have traditionally been comprised of a mix of housing types,
including those affordable by its working residents. However, because of Aspen's
attractiveness as a resort environment, and because of the physical constraints of the
upper Roaring Fork Valley, there is constant pressure for the redevelopment of dwellings
currently providing resident housing for tourist and second home use. Such
redevelopment results in the displacement of individuals and families who are an integral
part of the Aspen work force. Given the extremely high cost of and demand for market-
rate housing, resident housing opportunities for displaced working residents, which are
now minimal, will continue to decrease.
Preservation of the housing inventory and provision of dispersed housing opportunities in
Aspen have been long-standing planning goals of the community. Achievement of these
goals will serve to promote a socially and economically balanced community, limit the
number of individuals who face a long and sometimes dangerous commute on State
Highway 82, reduce the air pollution effects of commuting, and prevent exclusion of
working residents from the city's neighborhoods.
The Aspen Area Community Plan established a goal that affordable housing for working
residents be provided by both the public and private sectors. The City and the
Aspen/Pitkin County Housing Authority, has provided affordable housing both within
and adjacent to the city limits. The private sector has also provided affordable housing.
Nevertheless, as a result of the replacement of resident housing with second homes and
tourist accommodations, and the steady increase in the size of the workforce required to
assure the continued viability of Aspen area businesses and Aspen's tourist based
economy, the City has found it necessary, in concert with other regulations, to adopt
limitations on the combining, demolition, or conversion of existing multi-family housing
in order to minimize the displacement of working residents, to insure that the private
sector maintains its role in the provision of resident housing, and to prevent a housing
shortfall from occurring.
The combining, demolition, conversion, or redevelopment of multi-family housing shall
be approved, approved with conditions, or denied by the Planning and Zoning
Commission based on compliance with the following requirements: (See definition of
Demolition.)
1. Requirements for Combining Demolishing Converting or Redeveloping Free-
Market Multi-Family Housin Units: Only one of the following two options is
required to be met when combining, demolishing, converting, or redeveloping afree-
market multi-family residential property. To ensure the continued vitality of the
community and a critical mass of local working residents, no net loss of density (total
number of units) between the existing development and proposed development shall
be allowed.
a. One-Hundred Percent Replacement. In the event of the demolition of free-
market multi-family housing, the applicant shall have the option to construct
replacement housing consisting of no less than one-hundred (100) percent of
Exhibit A -Page 1
r ~
the number of units, bedrooms, and Net Livable Area demolished. The
replacement units shall be deed restricted as Resident Occupied affordable
housing, pursuant to the Guidelines of the Aspen/Pitkin County Housing
Authority. An applicant may choose to provide mitigation units at a lower
Category designation. Each replacement unit shall be approved pursuant to
Section 26.470.070.4 -Affordable Housing.
When this one-hundred (100) percent standard is accomplished, the remaining
development on the site may be free-market residential development with no
additional affordable housing mitigation required as long as there is no
increase in the number of free-market residential units on the parcel. Free-
market units in excess of the total number originally on the parcel shall be
reviewed pursuant to Section 26.470.070.3 -Expansion of Free-Market
Residential Units within aMulti-Family or Mixed-Use Development.
b. Fifty Percent Replacement. In the event of the demolition of free-market
multi-family housing and replacement of less than one-hundred (100) percent
of the number of previous units, bedrooms, or Net Livable Area as described
above, the applicant shall be required to construct affordable housing
consisting of no less than fifty (50) percent of the number of units, bedrooms,
and the Net Livable Area demolished. The replacement units shall be deed
restricted as Category 4 housing, pursuant to the Guidelines of the
Aspen/Pitkin County Housing Authority. An applicant may choose to provide
mitigation units at a lower Category designation. Each replacement unit shall
be approved pursuant to Section 26.470.070.4 -Affordable Housing.
When this fifty (50) percent standard is accomplished, the remaining
development on the site may be free-market residential development as long
as additional affordable housing mitigation is provided pursuant to Section
26.470.070.3 -Expansion of Free-Market Residential Units within aMulti-
Family or Mixed-Use Project, and there is no increase in the number of free-
market residential units on the parcel. Free-market units in excess of the total
number originally on the parcel shall be reviewed pursuant to Section
26.470.080.2 -New Free-Market Residential Units within aMulti-Family or
Mixed-Use Project.
2 Requirements for Demolishing_ Affordable Multi-Family Housing Units: In the
event a project proposes to demolish or replace existing deed restricted affordable
housing units, the redevelopment may increase or decrease the number of units,
bedrooms, or Net Livable Area such that there is no decrease in the total number of
employees housed by the existing units. The overall number of replacement units,
unit sizes, bedrooms, and category of the units shall be reviewed by the Aspen/Pitkin
County Housing Authority and a recommendation forwarded to the Planning and
Zoning Commission. The Planning and Zoning Commission may require the
affordable housing deed restriction on the affected units be brought into compliance
with the current Guidelines of the Aspen/Pitkin County Housing Authority and to the
satisfaction of the City Attorney.
3. Fractional Unit Requirement. When the affordable housing replacement
requirement of this section involves a fraction of a unit, cash-in-lieu may be provided
Exhibit A -Page 2
only upon the review and approval of the City Council, to meet the fractional
requirement only, pursuant to Section 26.470.090.3. - Provision of Required
Affordable Housing via aCash-in-Lieu Payment
4. Location Requirement. Multi-family replacement units, both free-market and
affordable, shall be developed on the same site on which demolition has occurred,
unless the owner shall demonstrate and the Planning and Zoning Commission
determines that replacement of the units on-site would be in conflict with the parcel's
zoning or would be an inappropriate solution due to the site's physical constraints.
When either of the above circumstances result, the owner shall replace the maximum
number of units on-site which the Planning and Zoning Commission determines that
the site can accommodate and may replace the remaining units off-site, at a location
determined acceptable to the Planning and Zoning Commission. A recommendation
from the Aspen/Pitkin County Housing Authority shall be considered for this
standard.
5. Timing Requirement. Any replacement units required to be deed restricted as
affordable housing shall be issued a Certificate of Occupancy, according to the
Building Department, and be available for occupancy at the same time as, or prior to,
any redeveloped free-market units, regardless of whether the replacement units are
built on-site or off-site.
6. Redevelopment Agreement. The applicant and the City of Aspen shall enter into
a redevelopment agreement that specifies the manner in which the applicant shall
adhere to the approvals granted pursuant to this Section and penalties for non-
compliance. The City of Aspen may require a bond or other financial instrument
insuring compliance with the agreement. The agreement shall be reviewed and
approved by the City Attorney. The agreement shall be recorded prior to application
for a demolition permit may be accepted by the City.
7. Growth Management Allotments. The existing number of free-market residential
units, prior to demolition, may be replaced exempt from growth management,
provided the units conform to the provisions of this Section. The redevelopment
credits shall not be transferable separate from the property unless permitted as
described above in Location Requirement.
8. Exemptions. The Community Development Director shall exempt from the
procedures and requirements of this Section the following types of development
involving Multi-Family Housing Units. An exemption from these replacement
requirements shall not exempt a development from compliance with any other
provisions of this Title:
a. The replacement of Multi-Family Housing Units after non-willful demolition such
as a flood, fire, or other natural catastrophe, civil commotion, or similar event not
purposefully caused by the land owner. The Community Development Director
may require documentation be provided by the landowner to confirm the damage
to the building was in-fact non-willful.
Exhibit A -Page 3
~ r
To be exempted, the replacement development shall be an exact replacement of
the previous number of units, bedrooms, and square footage and in the same
configuration. The Community Development Director may approve exceptions to
this exact replacement requirement to accommodate changes necessary to meet
current building codes; improve accessibility; to conform to zoning, design
standards, or other regulatory requirements of the City; or, to provide other
architectural or site planning improvements that have no substantial effect on the
use or program of the development. (Also see Chapter 26.312 -
Nonconformities.) Substantive changes to the development shall not be exempted
from this Section and shall be reviewed as a willful change pursuant to the
procedures and requirements of this Section.
b. The demolition of Multi-Family Housing Units by order of a public agency
including, but not limited to, the City of Aspen for reasons of preserving the life,
health, safety, or general welfare of the public.
c. The demolition, combining, conversion, replacement, or redevelopment of Multi-
Family Housing Units which have been used exclusively as tourist
accommodations or by non-working residents. The Community Development
Director may require occupancy records, leases, affidavits, or other
documentation to the satisfaction of the Director to demonstrate that the unit(s)
has never housed a working resident. All other requirements of this Title shall
still apply including zoning, growth management, and building codes.
d. The demolition, combining, conversion, replacement, or redevelopment of Multi-
Family Housing Units which were illegally created (also known as "Bandit
Units"). Any improvements associated with Bandit Units shall be required to
conform to current requirements of this Title including zoning, growth
management, and building codes. Replaced or redeveloped Bandit Units shall be
deed restricted as Resident Occupied affordable housing, pursuant to the
Guidelines of the Aspen/Pitkin County Housing Authority.
e. Any development action involving demising walls or floors/ceilings necessary for
the normal upkeep, maintenance, or remodeling of adjacent Multi-Family
Housing Units.
£ A change order to an issued and active building permit exceeding the limitations
of remodeling/demolition to rebuild portions of a structure which, in the opinion
of the Community Development Director, should be rebuilt for structural, safety,
accessibility, or significant energy efficiency reasons first realized during
construction, which could not have been reasonably predicted prior to
construction, and which cause no or minimal changes to the exterior dimensions
and character of the building.
Exhibit A -Page 4
John and Ricki McHUGF
104 W. Cooper, ttnit4
Aspen, CO 81611
20 July 09 ~ ~
Mayor Ireland and ~~
Aspen City Council
130 S. Galena Street
Aspen, CO 81611
RE: 104 W. Cooper, Unit 4; Exemption from 40% Demo Rule
Deaz Mayor Ireland and Members of City Council,
lT.
, ~
°~
(~~
Please fmd attached our letter dated July 17, 09, which was included with Chris Bendon's memo for the Multi-
Family Replacement Program Work Session.
We are seeking an administrative vaziance on the restrictions imposed on our renovation by the 40% Demolition
Calculations for the following reasons:
- The building is~`y~old and is in dne need of an extensive renovation to bring it up to today's
energy efficient standazds and current building codes The renovation is correcting prior code violations
and life safety issues
- The density of the building is not changing. The number of dwelling units and bedrooms remains the
same
- Currently the building has approved plans to renovate with a demolition calculation reaching 38.41 %.
This restriction is forcing us to build the roof over the back portion of the building in very wasteful and
non-efficient means. (see attached diagram)
- We need to raise the ceilings in the back of the unit to get the rear of the building to feel like it is part
of the same azchitectural Beare as the front.
- We would like to have some consideration for all the positive things we are doing to the building. (see
previous letter, last pazagraph)
We understand this section of the Code is slated for review by Council and P & Z, in the coming months; which
could be a long process because of the complexity of the issues raised by staff, citizens and the original Intent of
this Ordinance. Our dilemma is that there are 6 apartments in the building and we cannot stall or hold up the
constmction any longer while we wait for a possible code amendment.
Therefore, we respectfully request an administrative variance from the 40% Demolition restriction by 5% to
allow us to remove and replace the entire roof of our unit in the Aspen West Condominium building without
incurring any fees.
Thank you and
Best Regazds,
J
,~ ~~ ~ ~ ` V
~ Ricki and hn Mc gh
John and Ricki McI3UGH
104 W. Cooper, Unit 4
Aspen, CO 81611
17 July 09
Chris Bendon
Community Development Director
130 S. Galena Street
Aspen, CO 81611
RE: 104 W. Cooper, Unit 4,
Exemption from 40% Demo Rule
Deaz Chris,
As home owners at Aspen West Condominiums, Unit 4, we aze currently involved in upgrading the entire
building, with new windows, insulation, sewer and water lines and new boilers. We are transforming an
outdated structure into an energy eicient, attractive asset to the neighborhood.
The approved remodel plan entails raising the front portion of the top floor units by four feet. We wish to raise
the remaining portion of our roof (top west side) by two feet. Due to the code restrictions of the 40% cap on
demolition of a structure's shell, we had to raise and lower different areas of the roof to comply.
This has resulted in a chopped up roof structure, prone to ice damns and leaks. The use of additional materials
in the stepping of the roof is also a waste. Raising the back portion of the unit by 2 feet, does not obstruct
anyone's view, as it is Tower than the front of the building by 2 feet. The raising of our entire roof was
conceptually approved to be raised by both the planning and inning depts. We were then unable to raise the
roof because the maximum demolition of 40% of the building was reached by the cumulative alterations by all
the homeowners.
The attached sketches "A" current approval, and "B" the cleaner roofline that we aze proposing, which is more
energy and economically efficient.
We come to you as frustrated homeowners looking for some help. We realize that the 40% Demo code was
written to prevent the destruction of multifamily buildings that would displace employees; only to be replaced
with a couple of luxury homes that were rarely occupied. Since our building does not fit into that category, but
is truly the antithesis of it, we are here requesting an exemption from the 40% demo rule.
The changes that aze being made to this building only add to the energy efficiency, the aesthetics and enhanced
standazd of living for the occupants. We aze replacing all of the single pane windows, adding insulation to all
the walls (there was none to be found as we started the remodel), increasing the insulation in the roof structure
and creating a very energy efficient building. The materials that have come out of the building have all been
recycled and we are using sustainable materials wherever possible.
The leaking skylights are being removed or replaced with double glazed units
Best regazds,
Ricki McHugh
970-379-1998 mobile
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John and Ricki McHUGH /
104 W. Cooper, tutit4 ~c
Aspen, CO 81611 i~
~~
20 July 09 ~~~~~~ ~E%Za~ .
Mayor Ireland and !~ v "`-' vv` ~ .
Aspen City Council ~ ~ 3 ~ ~~ ~~
130 S. Galena Street ! ~c
Aspen, CO 81611
RE: 104 W. Cooper, Unit 4; Exemption from 40% Demo Rule
Dear Mayor Ireland and Members of City Council,
Please fmd attached our letter dated July 17, 09, which was included with Chris Bendon's memo far the Multi-
Family Replacement Program Work Session.
We aze seeking an administrative variance on the restrictions imposed on our renovation by the 40% Demolition
Calculations for the following reasons:
- The building is~B years old and is in dire need of an extensive renovation to bring it up to today's
energy efficient standards and current building codes The renovation is correcting prior code violations
and life safety issues
- The density of the building is not changing. The number of dwelling units and bedrooms remains the
same
- Currently the building has approved plans to renovate with a demolition calculation reaching 38.41%.
This restriction is forcing us to build the roof over the back portion of the building in very wasteful and
non-efficient means. (see attached diagram)
- We need to raise the ceilings in the back of the unit to get the rear of the building to feel like it is part
of the same architectural genre as the front.
- We would like to have some consideration for all the positive things we aze doing to the building. (see
previous letter, last paragraph)
We understand this section of the Code is slated for review by Council and P & Z, in the coming months; which
could be a long process because of the complexity of the issues raised by staff, citizens and the original Intern of
this Ordinance. Our dilemma is that there are 6 apartments in the building and we cannot stall or hold up the
construction any longer while we wait for a possible code amendment.
Therefore, we respectfully request an administrative variance from the 40% Demolition restricfion by 5% to
allow us to remove and replace the entire roof of our unit in the Aspen West Condominium building without
incurring any fees.
Thank you and
Best Regards,
cki/an John gh
John and Ricki McHUGH
104 W. Cooper, Unit 4
Aspen, CO 816] 1
17 July 09
Chris Bendon
Community Development Director
130 S. Galena Street
Aspen, CO 81611
RE: 104 W. Cooper, Unit 4,
Exemption from 40% Demo Rule
Dear Chris,
As home owners at Aspen West Condominiums, Unit 4, we aze currently involved in upgrading the entire
building, with new windows, insulation, sewer and water lines and new bailers. We are transforming an
outdated structure into an energy effecient, attractive asset to the neighborhood.
The approved remodel plan entails raising the front portion of the top floor units by four feet. We wish to raise
the remaining portion of our roof (top west side) by two feet. Due to the code restrictions of the 40% cap on
demolition of a structure's shell, we had to raise and lower different areas of the roof to comply.
This has resulted in a chopped up roof stmcture, prone to ice damns and leaks. The use of additional materials
in the stepping of the roof is also a waste. Raising the back portion of the unit by 2 feet, does not obstruct
anyone's view, as it is lower than the front of the building by 2 feet. The raising of our entire roof was
conceptually approved to be raised by both the planning and zoning depts. We were then unable to raise the
roof because the maximum demolition of 40% of the building was reached by the cumulative alterations by all
the homeowners.
The attached sketches "A" current approval, and "B" the cleaner roofline that we aze proposing, which is more
energy and economically efficient.
We come to you as frustrated homeowners looking for some help. We realize that the 40% Demo code was
written to prevent the destruction of multifamily buildings that would displace employees; only to be replaced
with a couple of luxury homes that were rarely occupied. Since our building does not fit into that category, but
is truly the anfithesis of it, we aze here requesting an exemption from the 40% demo rule.
The changes that are being made to this building only add to the energy efficiency, the aesthetics and enhanced
standard of living for the occupants. We are replacing all of the single pane windows, adding insulation to all
the walls (there was none to be found as we started the remodel), increasing the insulation in the roof structure
and creating a very energy efficient building. The materials that have come out of the building have all been
recycled and we are using sustainable materials wherever possible.
The leaking skylights are being removed or replaced with double glazed units
Best regazds,
Ricki McHugh
970-379-1998 mobile