HomeMy WebLinkAboutLand Use Case.55 E Durant Ave.0062.2019.asluCOMMUNITY
DEVELOPMENT
CITY OF ASPEN
CASE NUMBER 0062.2019.ASLU
PROJECT ADDRESS 555 E DURANT UNIT 3K & 4K
PARCELID 2737182490015 & 273718249002
PLANNER KEVIN RAYES
CASE DESCRIPTION ADMINISTRATIVE OR BOARD REVIEW
REPRESENTATIVE GLENN HORN, DAVIS HORN INCORPORATED
DATE CLOSED 11/6/2019
CLOSED BY SARA NESTER
Q Permits 0
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Main Custom Fields Routing Status Fee Summary Actions Routing History
7 , [ Jump 1
Permit type Wu IAspen Land Use Permit # 0062.2019.ASLU
Address 555 E DURANT Apt/Suite UNITS 3K & 4K
City ASPEN State CO Zip 81611
Permit Information
Master permit Routing queue aslul5 Applied 07/10/2019
Project Status pending Approved
Description
ADMINISTRATIVE OR BOARD REVIEW
Submitted DAN I E L ZE FF9709251 570 Clock Running F70
Submitted via
Owner
Last name ZEFF First name I DANIEL
Phone (J Address
Applicant
Owner is applicant? Contractor is applicant?
Last name IZEFF First name IDANIEL
Phone [ ) 71 Cust # 31315 Address
Email
Lender
Last name —� First name
Phone (] Address
No REFE2�P.�.s
Issued
Closed/Final
Expires 07/04/2020
n
DEVELOPMENT ORDER
of the
City of Aspen
Community Development Department
This Development Order, hereinafter "Order", is hereby issued pursuant to Section 26.304.080,
"Development Orders", and Section 26.308.010, "Vested Property Rights", of the City of Aspen
Municipal Code. This Order allows development of a site -specific development plan pursuant to the
provisions of the land use approvals, described herein. The effective date of this Order shall also be the
initiation date of a three-year vested property right. The vested property right shall expire on the day after
the third anniversary of the effective date of this Order, unless a building permit application submittal is
accepted and deemed complete by the Chief Building Official, pursuant to Section 26.304.090, or unless
an exemption, extension, reinstatement, or a revocation is issued by City Council pursuant to Section
26.308.010. After Expiration of vested property rights, this Order shall remain in full force and effect,
excluding any growth management allotments granted pursuant to Section 26.470, but shall be subject to
any amendments to the Land Use Code adopted since the effective date of this Order.
This Development Order is associated with the property noted below for the site -specific development
plan as described below.
Daniel Zeff, 885 Sixth Avenue #41C, New York, NY 10001
Property Owner's Name, Mailing Address
North of Nell Condominiums, according to the Condominium Map thereof recorded December 3, 1968 in
Plat Book 3 at Page 329 as Reception No. 133194 and as defined and described in the Condominium
Declaration for the North of Nell Condominiums recorded December 3, 1968 in Book 237 at Page 674 as
Reception No. 133195 and supplement recorded May 15, 1969 in Book 241 at Page 97 as Reception No.
135404 and Second Supplement recorded October 22, 2009 as Reception No. 563856, County of Pitkin
State of Colorado, commonly known as 555 E. Durant Avenue, Units 3k & 4K.
Legal Description and Street Address of Subject Property
The applicant has received approval for a Growth Management Exemption and an Insubstantial PD
Amendment to combine two multi -family housingunits nits (See Exhibit B in the Notice of Approval).
Written Description of the Site -Specific Plan and/or Attachment Describing Plan
Administrative Approval of a Growth Management Exemption and an Insubstantial PD Amendment via
Notice of Approval at Reception No. 658385.
Land Use Approval(s) Received and Dates (Attach Final Ordinances or Resolutions)
October 31, 2019
Effective Date of Development Order (Same as date of publication of notice of approval.)
November 1, 2022
Expiration Date of Development Order (The extension, reinstatement, exemption from expiration and
revocation may be pursued in accordance with Section 26.308.010 of the City of Aspen Municipal Code)
Issued this 5te day of November 2019, by the City of Aspen Community Development Director.
Jennifer Phelan Grim Community Development Director
0 0
AFFIDAVIT OF PUBLIC NOTICE
REQUIRED BY SECTION 26.304.070 AND CHAPTER 26.306
ASPEN LAND USE CODE
ADDRESS OF PROPERTY: 555 E IDvr"-v
Aspen, CO
STATE OF COLORADO )
ss.
County of Pitkin )
1, L ll ; a n u 1-le-r (name, please print)
being or representing an Applicant to the City of Aspen, Colorado, hereby personally certify that
I have complied with the public notice requirements of Section 26.304.060 (E) or Section
26.306.010 (E) of the Aspen Land Use Code in the following manner:
✓ Publication of notice: By the publication in the legal notice section of an official paper
or a paper of general circulation in the City of Aspen no later than fourteen (14) days
after final approval of a site specific development plan. A copy of the publication is
attached hereto.
Publication of notice: By the publication in the legal notice section of an official paper
or a paper of general circulation in the City of Aspen no later than fifteen (15) days after
an Interpretation has been rendered. A copy of the publication is attached hereto.
a��- 4 lr4 z
Signature
The foe m "Affidavit of Notice" was acknowledged before m�eythisI day
of 13V) , 20 j_q, by la Ur-eli J o hLt
PUBLIC NOTICE
Of
DEVELOPMENT APPROVAL
Notice is hereby given to me general public of the
approval of a site-spetlfic tlevelopmenl plan, and
the creation of a vested properly n ht pursuant to
the Land Use Code of the Ciry of Aspen and Title
24, Article 68, Colorado Revised Statutes. pertan-
ing to the folbwing deaonbed property: Parcel IDs
if 3716249015 8 27371821 W. Legally descd-
bad as North of Nell Condominiums, according to
the condominium map thereof recorded December
3. 1968 in Plat Book 3 at page 329 as Reception
No. 133194 and as defined and described In the
Condominium Declaration for the North of Nell Corr
dominiums recorded December 3. 1968 in Book
237 at Page 674 as Reception No. 133195 and
supplement recorded May 15. 1969 in Book 241 at
Page 97 as Reception No. 135404 and Second
Supplement recortletl October 22, 2009 as Recep-
tion No. 563856. County of Pitkin, State of
Colorado, commonly known as 555 E. Duran Ave-
nue, units 3K 8 4k. The applicant has received ap-
proval for a Growth Management Exemption and
an Insubstantial PD Amendment to combine two
multi-famiy housing units. The changes are depict-
ed in the land use application on file with the City
of Aspen. For further mfonnalion contact Kevin
Rayes at the City of Aspen Community Develop-
ment Dept.. 130 S. Galena St., Aspen, Colorado, k
evin.rayes®cityofaspen.com, or (970) 429.2797,
Ciry of Aspen
Published In The Aspen Times on October 31.
2019. 0000502610
WITNESS MY HAND AND OFFICIAL SEAL
My commission expires: 3 W�3
otary Public
LAUREN LITCHET
ATTACHMENTS: NOTARY PUBLIC
STATE OF COLORADO
NOTARY ID 2 ESJA UA1
COPY OF THE PUBLICATION
MY COMMISSION EXPIRES NRY 23, 2023
•
•
Janice K. Vos Caudill
Pitkin County Clerk and Recorder
534 East Hyman Avenue
Aspen, CO 81611
(970)429-2716
Number of Documents Recorded: 1
,0f1rKIN Transaction Receipt
Print Date: 09/03/2019 12:51:39 PM
CoUN7� Transaction #629519
cvacv Transaction Type: Recording
Receipt #2019004264
Cashier: Patty Nadon
Cashier Date: 09/03/2019 12:51:37 PM
Reception#658385 - APPROVAL - 7pg(s) Recording Surcharge: $13.00
Recording Fee: $40.00 $43.00
Total Fees
$43.00
Payment Received: Check #7676 $43.00
Change $0.00
Presented by:
DAVIS HORN INC
215 S MONARCH ST
SUITE 104
ASPEN, CO 81611
CEPTION#: 658385, R: $43.00, D. $0.00
DOC CODE: APPROVAL
of 7, 09/03/2019 at 12:51 :37 PM
Y Janice K. Vos Caudill, Pitkin County, CO
CITY OF ASPEN
NOTICE OF APPROVAL
APPROVAL FOR A GROWTH MANAGEMENT EXEMPTION RELATED TO THE
REDEVELOPMENT OF MULTI -FAMILY HOUSING AND AN INSUBSTANTIAL PD AMENDMENT
FOR THE NORTH OF NELL CONDOMINIUMS SUBDIVISION/PUD, COMMONLY KNOWN AS 555 E.
DURANT AVENUE, UNITS 3K & 4K, LEGALLY DESCRIBED AS NORTH OF NELL
CONDOMINIUMS, ACCORDING TO THE CONDOMINIUM MAP THEREOF RECORDED
DECEMBER 3,1968 IN PLAT BOOK 3 AT PAGE 329 AS RECEPTION NO. 133194 AND AS DEFINED
AND DESCRIBED IN THE CONDOMINIUM DECLARATION FOR THE NORTH OF NELL
CONDOMINIUMS RECORDED DECEMBER 3,1968 IN BOOK 237 AT PAGE 674 AS RECEPTION NO.
133195 AND SUPPLEMENT RECORDED MAY 15,1969 IN BOOK 241 AT PAGE 97 AS RECEPTION
NO. 135404 AND SECOND SUPPLEMENT RECORDED OCTOBER 22, 2009 AS RECEPTION NO.
563856. COUNTY OF PITKIN, STATE OF COLORADO
Parcel ED Numbers: 273718249015 & 273718249002
APPLICANT: Daniel Zeff, Owner of Units 3K & 4K
REPRESENTATIVE: Glenn Horn, Davis Horn Incorporated
SUBJECT & SITE OF APPROVAL:
Insubstantial PD Amendment per Section 26.445.110.A, Insubstantial Amendments and Growth Management
Exemption per Section 26.470.100.E.8.c, Exemptions to combine two multi -family housing units. The Community
Development Director may approve, approve with conditions or deny this request based on criteria found in Exhibit
A of this memo.
SUMMARY:
The North of Nell Condominiums is a mixed -use multi -family residential/commercial development located in the
Commercial Lodge (CL) zone district with a Planned Development Overlay. The property contains 40 tourist
accommodations on the top three floors and 12 commercial condominium units on the ground floor. The property
was constructed in 1968 in compliance with zoning at the time and the PD was amended in 2007 via Ordinance No.
36, Series of 2007 to legalize various improvements related to revised dimensional standards. The Subdivision/PUD
Agreement was subsequently updated to reflect the dimensional calculations for the property.
The applicant proposes combining condominium units 3K and 4K and constructing an internal staircase to link the
units. The submitted drawings represent a net livable area of 1,737 sq. ft. upon combining the units (Exhibit B). The
Commercial Lodge (CL) zone district permits a maximum multi -family residential unit size of 1,500 sq. ft. The
property owner has purchased a Transferrable Development Right which permits up to 2,000 sq. ft. of net livable
area.
Land Use Code Section 26.470.100.E, Demolition or redevelopment of multi family housing, generally prohibits a
net loss of density (total number of units) when demolition and combining of two multi -family dwellings occurs.
However, per Code Section 26.470.100.E.8.c, Exemptions; the Community Development Director may exempt this
requirement for units which have been used exclusively as tourist accommodations or by non -working residents. To
qualify for this exemption, the applicant must demonstrate that the unit has never housed a working resident.
There is an absence of documentation related to the use of the property between 1968 and 1980. However, some
evidence supports that Units 3K and 4K have always been used as tourist accommodations. When the North of Nell
was originally constructed it was in the Commercial (C-1) zone district which was intended for retail, service,
accommodations and recreational uses. In 1975, the North of Nell was rezoned in the Commercial Lodge (CL) zone
district, which restricted the use of residential units to short-term rentals (Exhibit Q. In addition to this evidence, the
current manager also provided documentation supporting that the business model of the property is intended for short -
Page I 1
130 South Galena Street Aspen, CO 81611-1975 1 P: 970.920.5000 1 F: 970.920.5197 1 cityofaspen.com
term vacation rentals of the condominium units (Exhibit D). The applicant also provided letters from current and
former North of Nell managers attesting that Units 3K and 4K have always been used as tourist accommodations
since at least 1980 (Exhibit E).
STAFF EVALUATION:
Staff finds that the request to combine two multi -family residential units meets the exemption requirements related
to growth management per code section 26.470.100.E.8.c, Exemptions. Because the request meets these requirements
and does not change the use or character of the development, staff also finds the request meets the review criteria for
an insubstantial PD amendment (Exhibit A).
Although there is an absence of documentation regarding the use of the condominium units between 1968 to 1979,
the zoning regulations in place at the time provide evidence that the North of Nell condominiums were intended for
short-term vacation rentals. When the property was originally developed, it was in the Commercial (C-1) zone district.
Although this zone district permitted residential uses, its intention was to "allow the use of land for retail and service
commercial purposes, accommodations and recreational as well as for residential purposes with customary accessory
uses and institutional uses." In 1975, the North of Nell was rezoned in the Commercial Lodge (CL) zone district. The
intention of this zone district was "to provide for the establishment of commercial uses at street level but requiring
that all additional stories be lodge accommodations." Section 24.3.1 of the 1975 Land Use Code defined a hotel or
lodge as "a building containing three or more units, none of which units contain kitchen facilities, intended for
temporary occupancy of guests (Exhibit Q." The North of Nell continues to remain in the Commercial Lodge zone
district. Although the permitted uses in this zone district have changed over time, the purpose of the CL zone district
has remained the same. Per code section 26.710.200, Commercial Lodge, the purpose of the CL zone district "is to
provide for the establishment of mixed -use commercial and lodge development by permitting commercial uses on
the ground floor with lodging development above. The City encourages high -occupancy lodging development in this
zone district through hotel, lodge and timeshare uses and short-term vacation rentals."
Consistent with the purpose statement of the CL zone district, individuals who own residential units at the North of
Nell may short-term lease their units. The North of Nell manages all short-term rentals and prescribes the rates based
on the season. Exhibit D outlines the rental rates for 2019-2020. As requested by staff, the current manager at the
North of Nell provided documentation comparing the revenues generated for each condominium unit from this
program since 2000 (Exhibit D). Units 3K and 4K appear to have participated in this program during this time period.
The manager also provided documentation outlining the fees associated with owning a condominium at the North of
Nell for three condominium units not participating in the rental program (Exhibit D). The Homeowners Dues are
considered a fixed cost and have always existed. These fees are based on the size and location of each unit. Given the
current and previous zoning of the North of Nell as well as the fixed -costs associated with owning a unit compared
with the potential revenue earned from renting a unit, staff finds that the North of Nell's business model encourages
short-term vacation rentals rather than long-term housing for working residents.
Lastly, the applicant provided letters from current and former managers of the North of Nell attesting that Units 3K
and 4K have always been used as tourist accommodations since at least 1980 (the individual who managed the
property from 1968 to 1980 is deceased but there is no evidence that the units were occupied by a working resident
during this period). It is worth noting that the letter from Charles Hopton, (the manager from 1980 to 1994) mentions
that units 3K and 4K were in the short-term rental program prior to his tenure and continued to participate while he
managed the building (Exhibit E).
DECISION:
The Community Development Director determines that condominium units 3K and 4K have always been used
as tourist accommodations. Combining these units meets the requirements for an exemption related to
demolition or redevelopment of multi -family housing as described in Land Use Code Section 26.470.100.E.8.c,
Exemptions. Additionally, the Community Development Director finds the request to combine units consistent
with the criteria outlined in Section 26.445.100.A, Insubstantial amendments (Exhibit A) and thereby approves
the request.
Page 12
0
IA
APPROVED BY:
Jennifer Phelan,
Acting Commur
Attachments:
Development Director
-1 /,-.?, 4 DV
Date
Exhibit A — Staff Findings (Not Recorded)
Exhibit B — Drawings (Recorded)
Exhibit C — North of Nell Previous Zone Districts (Not Recorded)
Exhibit D — North of Nell Rental Rates (Not Recorded)
Exhibit E — Letters from Current and Former Managers of the North of Nell (Not Recorded)
Exhibit F — Application (Not Recorded)
Page 13
•
•
Exhibit A- Staff Findings
Section 445.11o.A, Insubstantial Amendments
An insubstantial amendment to an approved Project Review or an approved Detailed Review may be
authorized by the Community Development Director. An insubstantial amendment shall meet the
following criteria:
1. The request does not change the use or the character of the development.
Staff findings: The North of Nell is a tourist accommodations mixed -use development. There are
primarily retail and office uses on the ground floor with tourist accommodations on the second,
third and fourth floors. The proposed changes do not change the tourist accommodations
character of the development.
2. The request is consistent with the conditions and representations in the project's original
approval, or otherwise represents an insubstantial change.
Staff findings: Combining condominium units.3K and 4K do not impact the building envelope
represented in prior North of Nell land use reviews.
3. The request does not require granting a variation from the project's allowed use(s) and does not
request an increase in the allowed height or floor area.
Staff findings: The proposal does not include any variation to the allowed uses in the PUD, nor is
there a proposal to increase the allowed height or floor area. The proposed changes do not affect
the Dimensional Calculations included in the Final Plat of the PUD (Attachment 4 of the land use
application) and the Subdivision/PUD Agreement (Attachment 6 of the land use application).
4. Any proposed changes to the approved dimensional requirements are limited to a technical
nature, respond to a design parameter that could not have been foreseen during the Project
Review approval, are within dimensional tolerances stated in the Project Review, or otherwise
represents an insubstantial change.
Staff findings: The request does not require changes to any approved dimensional requirements.
Exhibit A- Staff Findings
Section 470.soo.E.8.c, Exemptions
Pursuant to Code Section 26.470.1oo.E, Demolition or redevelopment of multi family housing, a net loss
of density (total number of units) is prohibited when demolition and the combining of two multi -family
dwellings occurs. However, per Code Section 26.470.1oo.E.8.c, Exemptions; the Community
Development Director may exempt tis requirement for units which have been used exclusively as
tourist accommodations or by non -working residents. The qualify for this exemption, the application
must demonstrate that the unit has never housed a working resident.
Staff findings: Staff finds that the request to combine two multi -family residential units meets the
exemption requirements related to growth management per code section 26.470.ioo.E.8.c, Exemptions.
Although there is an absence of documentation regarding the use of the condominium units between
1968 to 1979, the zoning regulations in place at the time provide evidence that the North of Nell
condominiums were intended for short-term vacation rentals. When the property was originally
developed, it was in the Commercial (C-1) zone district. Although this zone district permitted residential
uses, its intention was to "allow the use of land for retail and service commercial purposes,
accommodations and recreational as well as for residential purposes with customary accessory uses and
institutional uses." In 1975, the North of Nell was rezoned in the Commercial Lodge (CL) zone district.
The intention of this zone district was "to provide for the establishment of commercial uses at street level
but requiring that all additional stories be lodge accommodations." Section 24.3.1 of the 1975 Land Use
Code defined a hotel or lodge as "a building containing three or more units, none of which units contain
kitchen facilities, intended for temporary occupancy of guests (Exhibit Q." The North of Nell continues
to remain in the Commercial Lodge zone district. Although the permitted uses in this zone district have
changed over time, the purpose of the CL zone district has remained the same. Per code section
26.710.200, Commercial Lodge, the purpose of the CL zone district "is to provide for the establishment of
mixed -use commercial and lodge development by permitting commercial uses on the ground floor with
lodging development above. The City encourages high -occupancy lodging development in this zone
district through hotel, lodge and timeshare uses and short-term vacation rentals."
Consistent with the purpose statement of the CL zone district, individuals who own residential units at
the North of Nell may short-term lease their units. The North of Nell manages all short-term rentals and
prescribes the rates based on the season. Exhibit D outlines the rental rates for 2019-2020. As requested
by staff, the current manager at the North of Nell provided documentation comparing the revenues
generated for each condominium unit from this program since 2000 (Exhibit D). Units 3K and 4K appear
to have participated in this program during this time period.
The manager also provided documentation outlining the fees associated with owning a condominium at
the North of Nell for three condominium units not participating in the rental program (Exhibit D). The
Homeowners Dues are considered a fixed cost and have always existed. These fees are based on the size
and location of each unit. Given the current and previous zoning of the North of Nell as well as the fixed -
costs associated with owning a unit compared with the potential revenue earned from renting a unit,
staff finds that the North of Nell's business model encourages short-term vacation rentals rather than
long-term housing for working residents.
0 0
Exhibit A- Staff Findings
Section 470.3.00.E.8.c, Exemptions
Lastly, the applicant provided letters from current and former managers of the North of Nell attesting
that Units 3K and 4K have always been used as tourist accommodations since at least 1g8o (the individual
who managed the property from 1968 to ig8o is deceased but there is no evidence that the units were
occupied by a working resident during this period). It is worth noting that the letterfrom Charles Hopton,
(the manager from 1g8o to 1994) mentions that units 3K and 4K were in the short-term rental program
prior to his tenure and continued to participate while he managed the building (Exhibit E).
m
3
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NET LIVABLE FLOOR AREA CALCULATIONS
m (EXISTING CONDRIONS)
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UNIT 3K - EXISTING FLOOR PLAN
,Z UNIT 4K - EXISTING FLOOR PLAN
3 UNIT 3K - PROPOSED FLOOR PLAN
4 UNIT 4K - PROPOSED FLOOR PLAN
ATTACHMENT 7
NET LIVABLE FLOOR AREA CALCULATIONS
(PROPOSED CONDITIONS)
M NENDEZ ARCHITECTS •<
PROGRESS SET
NOT FOR CONSTRUCTION
NORTH OF NELL,
UNITS 3K E 4K REMODEL
ExISTWG AND PROPOSED
NET UNABLE FLOOR AREA
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FLOOR AREA CALCULATIONS
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•
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UNIT 3K - EXISTING FLOOR PLAN
UNIT 4K - EXISTING FLOOR PLAN
3 UNIT 3K - PROPOSED FLOOR PLAN
4 UNIT 4K - PROPOSED FLOOR PLAN
FLOOR AREA CALCULATIONS
(PROPOSED)
MENENDEZ ARCHITECrS n
NORTH OF NELL,
UNITS 3K E 4K REMODEL
EXI$nNG AND PROPOSED
FLOOR AREA CALCULATIONS
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2 UNIT 3K - PROPOSED FLOOR PLAN
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MENENDEZAECHITECTS.
WALL TYPE LEGEND
O PROGRESS SET
NOT FOR CONSTRUCTION
`a NORTH OF NELL.
UMTS 3K s"REMODEL
n... UNIT 3K SCHEME 2R,2
. A-101-2
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UNIT 4K -EXISTING FLOOR PLAN
Z UNIT 4K - PPOP05ED FLOOR PLAN
(OPTION
NEr'iENOEZA CHIfECTS..
PROGRESSSET
NOT FOR CONSTRUCTION
NORTH OF NE",
UN75 3K E 4K REMODEL
s.H UNIT 4K 5CHEME 2R2
wu.9 asp- -
A-102-2
0Exhibit C- North of Nell Previous Zone Districts
�
~— N
I _VD R-15 RESIDENTIAL EM AR-2 ACCOMMODATIONS RECREATION
R-6 RESIDENTIAL RIM C-1 COMMERCIAL
C-C COMMERCIAL
P PARK
AR -I ACCOMMODATIONS RECREATION I
1967Zone District Map:
North ufNell isZoned C'1
11-1-7 COMMERCIAL
Intention - to allow the use of land for ret�,-:l and service
commercia�puFposes, accommodations and recreational as well as for
residential purposes with customary accessory uses and institutional
1967 Land Use Code:
Ordinance No. 3 (Series of1967)
•
Exhibit C- North of Nell Previous Zone Districts
`!; !•#.# • s ii !4 V' !+ 1• i ` '', `� � v.
411
;r'! \
COMMERCIALCL .D
1975 Zone District Map:
North of Nell is Rezoned in the CL zone district
e DISTRICT INTENTION PERMITTED USES CONDITIONAL USES
R!
'C7
o Commercial To provide for the establish- All street level uses same as None
wLodge ment of commercial uses at CC; lodge accommodations on
street level but requiring that second and other stories.
CL all additional stories be lodge
accommodations.
1975 Land Use Code:
Commercial Lodge Zone District Details
(o) Motel and lodge: A building .containing three (3) or
more units, none of which units contain kitchen facilities,
intended for temporary occupancy of guests. Accessory use
facilities may consist of an office, laundry facilities used -by
the occupants, recreation facilities, a lobby or lounge,
kitchen and dining facilities and similar accessory uses
commonly found in association with a commercial hotel or
lodge operation and meeting requirements of the particular
zone district in which the building is located.
1975 Land Use Code:
Definition of Hotel/Lodge
Exhibit D- Costs & Revenues Generated from wning a Condominium Unit
2019-2020 Seasonal Short -Term Vacation Rental Rates
North of Nell
555 East Durant
Aspen, Colorado 81611
(970) 925-1510 800-481-1510 Fax (970) 925-1550
Web: www.northofnell.com Email: info@ northofnell.com
2019 — 2020 WINTER RATES
Value Season
11125-12116&3128. 4112
Standard 1 Bedroom, 1 Bath .. ........................... .................
$250.00
Deluxe 1 Bedroom, 1 Bath .. ............. .......... - ......................
$350.00
Premier 1 Bedroom. 1 Bath................................................$525.00
2 People
Standard 2 Bedroom, 2 Bath ........... ...................................
$350.00
Deluxe 2 Bedroom, 2 Bath..................................................$475.00
Premier 2 Bedroom, 2 Bath ............................ ....................
$625.00
4 People
Standard 3 Bedroom, 2 1/2 Bath ................................... .... $425.0;'
Deluxe 3 Bedroom. 2 112 Bath .... ................................... ..._$550.0'.
Premier 3 Bedroom. 2 1/2 Bath ....._..................................$725.0
6 People
Premier 4 Bedroom ................. ... ................. ..................... $900.0ci
Premier 5 Bedroom ... ...... ...... ......................................... $1300.00
Holiday Season
14 Night Minimum
Standard 1 Bedroom, 1 Bath ......................... .....................
$700.00
Deluxe 1 Bedroom, 1 Bath..................................................$925.00
Premier 1 Bedroom. 1 Bath ..............................................
$1050.00
2 People
Standard 2 Bedroom, 2 Bath............................................S1000.00
Deluxe 2 Bedroom, 2 Bath................................................$1400.00
Premier 2 Bedroom, 2 Bath ............................................
S 1850.00
4 People
Standard 3 Bedroom, 2 1/2 Bath......................................$1300.00
Deluxe 3 Bedroom. 2 112 Bath..........................................S1800.00
Premier 3 Bedroom, 2 112 Bath........................................S2300.00
6 People
Premier 4 Bedroom.......................................................
..S2800.00
Premier 5 Bedroom ........ ............ ...................... ...... .....
... S3600.00
Low Season
114 - 2/14
Standard 1 Bedroom, I Bath ........................................ .....$550.00
Deluxe 1 Bedroom, 1 Bath.................................................$700.00
Premier 1 Bedroom. 1 Bath...............................................$850.00
2 People
Standard 2 Bedroom, 2 Bath.............................................$750.00
Deluxe 2 Bedroom, 2 Bath................................................S975.00
Premier 2 Bedroom. 2 Bath ...........................................
$1350.00
4 PRople
Standard 3 Bedroom, 2 1/2 Bath.......................................$900.00
Deluxe 3 Bedroom, 2 1/2 Bath........................................S1200.00
Premier 3 Bedroom, 2 112 Bath........................................$1550.00
6 People
Premier 4 Bedroom .............................................. ............
$1800.00
Premier 5 Bedroom ...... ...............
_c� nn nr,
High Season
2,' 15 - 3127
Standard 1 Bedroom, 1 Bath .................................... .........
$550.0,.
Deluxe 1 Bedroom, 1 Bath..................................................$700.00
Premier 1 Bedroom. 1 Bath................................................$900.00
2 People
Standard 2 Bedroom, 2 Bath.............................................$750.00
Deluxe 2 Bedroom, 2 Bath.................................................$975.00
Premier 2 Bedroom, 2 Bath.............................................$13501!'
4 People
Standard 3 Bedroom, 2 1/2 Bath......................................S900.00
Deluxe 3 Bedroom, 2 1/2 Bath ....................................
..$1250.00
Premier 3 Bedroom, 2 112 Bath .......................................
$1600.00
6 People
Premier 4 Bedroom .. ...................................................
$1900,00
Premier 5 Bedroom...........................................................$2600.00
Superior rental rates available upon request.
2019 SUMMER RATES
Summer Season
618 - 912
Standard 1 Bedroom, 1 Bath..............................................S360.00
Deluxe 1 Bedroom, 1 Bath..................................................S475
00
Premier 1 Bedroom, 1 Bath................................................$575.00
2 People
Standard 2 Bedroom, 2 Bath ..........................................
... $460.00
Deluxe 2 Bedroom, 2 Bath ..................................................
$570 00
Premier 2 Bedroom, 2 Bath................................................$725.00
4 People
Standard 3 Bedroom, 2 1/2 Bath ...... .................................
$520.00
Deluxe 3 Bedroom, 2 1/2 Bath............................................$625.00
Premier 3 Bedroom, 2 1/2 Bath..........................................$800.00
6 People
Premier 4 Bedroom.............................................................$900.00
Premier 5 Bedroom ................................................ ..........
$1300.00
6 People
Superior rental rates and monthly rates available upon request.
Summer Value Season
4122-617&9113-11/24
Standard 1 Bedroom. 1 Bath..............................................$250.00
Deluxe 1 Bedroom, 1 Bath..................................................$335.00
Premier 1 Bedroom, 1 Bath .. ... ........ ............... ....................
$400.00
2 People
Standard 2 Bedroom, 2 Bath .................... ........ ................
$325.00
Deluxe 2 Bedroom, 2 Bath..................................................S400.00
Premier 2 Bedroom, 2 Bath ....................... ........................
$500.00
4 People
Standard 3 Bedroom, 2 1/2 Bath .... ..... ...............................
$375.00
Deluxe 3 Bedroom, 2 1/2 Bath ... ........... ..............................
$450.00
Premier 3 Bedroom, 2 1/2 Bath..........................................$575.00
6 People
Premier 4 Bedroom.............................................................$650.00
Premier 5 Bedroom ................................. ............................
$900.00
6 People
Superior rental rates and monthly rates available upon request.
Spacious, comfortable condominiums located at the base of the
Silver Queen Gondola. Full kitchen, flat screen TV's, HBO, private
balcony, underground parking, elevator and maid service. A/C units
available. Free wireless Internet access. Come enjoy the music, the
mountains, the memories.
All rates are daily, rates are subject to 11.3% tax (subject to change).
A deposit of one half the total rent is due within 10 days. The full
deposit is due 45 days prior to arrival.The deposit is refundable
with 45 days or more notification If notification is less than 45 days,
then refund is predicated upon our ability to fully re -rent the
condominium. If we are not able to re -rent the condominium, the
deposit is forfeited. If we are able to re -rent some, but not all, of the
reserved dates, the amount of the refund will be equal to the amount
of the re -rental. All deposit refunds are subject to a 10 % gross rental
Processing Fee.
Extra person, crib or rollaway charge is S25. Sorry, no pets permitted
All Condominium units offered herein are independently owned
As a result, the North of Nell, acting as rental agent, must reserve
the right to change accommodations up to and including the day
of arrival.
The staff of the North of Nell makes special note of requests
for specific condominiums but cautions that requests cannot be
guaranteed.
Check -In time is 4:00 P.M.; check-out time is 10:00 A.M
• •
Exhibit D- Costs & Revenues Generated from Owning a Condominium Unit
Revenues Generated from Short-term Renting Condominium Units (2000- 2018)
Revenue Comparison
2018
2017
2016
2015
2014
2A
$
79,505.05
$ 84,070.00
$ 67,000.00
$ 75,481.63
$ 64.010.06
2B
$
150,650.00
$ 112,285.00
$ 122,860.00
$ 112,260.00
$ 113,656.70
2C
$
14,000.00
$ -
$ -
$ -
$ -
2D
$
93,290.00
$ 95.710.00
$ 92.300.00
$ 91,930.00
$ 89,225.00
2E
$
125,885.00
$ 123.413.60
$ 114.390.80
$ 118,030.00
$ 92,460.00
2F
$
-
$ -
$ 36,850.00
$ 54,280.00
$ 51,805.00
2G
$
90.323.47
$ 104,299,75
$ 117.920.00
$ 109,540.00
$ 119,060.00
2H
$
106.365.00
$ 95,925.00
$ 100,265.00
$ 96.133.00
$ 96.625.00
21
$
-
$ 33,300.00
$ 71,350.00
$ 79,526.00
$ 63,775.00
2.J
$
107,465.00
$ 117,000.00
$ 102,090.00
$ 59,000.00
$ 56,255.00
2K
$
52,626.97
$ 55,070.00
$ 48,621.00
$ " 45,205.00
$ 51,130.00
2L
$
-
$ -
$ 13.925.00
$ 66.680.00
$ 62,680.00
2M
$
' 89.060.20
$ 93.155.00
$ 68,423.00
$ 77,315.00
$ 73,525.00
2N
$
-
$ -
$ -
$ 71,126.70
$ 72,785.00
3A
$
121,249.00
$ 137,570.00
$ 112,330.00
$ 111,176.00
$ 104,052.89
3B
$
37,450.00
$ -
$ -
$ 13,500.00
$ 100.920.00
3D
$
-
$ -
$
$ -
$ -
3E
$
-
$ 53,830.00
$ 62,358.62
$ 55,348.70
$ 60,120.00
3F
$
175,989.68
$ 148,630.83
$ 156,758.00
$ 175,630.00
$ 180.158.40
3G
$
77,269.86
$ 68,373.39
$ 74.702.00
$ 83.040.00
$ 60,220.00
31
$
115.682.00
$ 101,404.20
$ 91,300.00
$ 119.228.36
$ 114,650.00
3J
$
116,560.00
$ 120,100.00
$ 95,284.00
$ 117,963.00
$ 83,595.00
3K
53,869.10
$ 36,025.00
$ 50,440.00
$ 56,423.75
$ 49.625.00
3L
$
53,063.43
$ 56,865.00
$ 46,305.00
$ 45,425.00
$ 52,616.64
3M
$
98,750.00
$ 110,862.00
$ 102.575.00
$ 114,316.26
$ 116,806.00
3N
$
117,435.00
$ 104,618.88
$ 101,303.00
$ 109,412.93
$ 96.068.92
4A
$
84,430.00
$ 60,525.00
$ 80,562.00
$ 94,205.76
$ 99,835.00
4B
$
129,301.00
$ 124,240.66
$ 94,885.00
$ 110,13124
$ 92,472.00
4C
$
126,833.05
$ 76,397.59
$ 90.815.80
$ 94.692.00
$ 79,230.92
4D
$
74,846.50
$ 94,943.28
$ 82,883.00
$ 82,350.00
$ 64.280.00
4E
$
121,790.00
$ 120,094.00
$ 106.329.00
$ 135,622.48
$ 95,490.00
4F
$
140,350.00
$ 151,875.00
$ 180,075.00
$ 167,650.00
$ 137.000.00
4G
$
107,960.20
$ 86.085.20
$ 86,120.00
$ 98,567.00
$ 77,976.16
4H
$
96,901.89
$ 99.423.20
$ 79,511.71
$ 92,511.66
$ 85,670.00
41
$
128,250.00
$ 107,745.00
$ 107,575.00
$ 111,092.74
$ 109,050.00
4K
$
63,338.00
$ 71,040.00
$ 72.726.00
$ 65,800.61
$ 66.538.23
4L
$
80.400.00
$ 91,620.20
$ 100,521.67
$ 84,224.48
$ 72,913.40
4N
$
107,803.88
$ 199.550.00
$ 169,500.00
$ 170.000.00
$ 117,916.65
rOTAL
$
3,144,693.28
$ 3,136,046.18
$ 3,100,874.60
$ 3,364,817.29
$ 3,114,185.97
2A
/9.70J.- y
/V,L IL.UU y
u.".u.VV
2B
128325.00 $
114,300.00
$ 102,660.00
2C
0.00 $
-
$ 43,210.00
2D
13UU20.00 $
73,639.00
$ 66,140.00
2E
1015DO.00 $
85,180.00
$ 91,870.00
2F
50293.00 $
49.210.00
$ 57,609.00
2G
9,1685.30 $
89,777.30
$ 79.066.63
2H
87320.00 $
87,600,00
$ 8(3,900.00
P1
65387.00 $
52,063.00
$ 69,329.00
2J
69097.00 $
59,266.00
$ 53.718.00
2K
4(3441.U5 $
46,875.79
$ 43,323.39
2L
55555.00 $
52,055.00
3; 54,005.00
2M
65510.00 $
68,7M,00
$ 71,656.00
pry
74345.75 $
67,022.00
$ 5B,620.DO
3A
94020.01) $
90.481.00
$ 80,170.DO
3B
110574.00 $
109,422.64
$ 107,105,76
3D
0.00 $
-
$ -
3E
47636.00 $
71.365.00
$ 61,068.00
3F
1570BU,00 $
128,1.UO.OU
$ 133,370.00
3G
61090.00 $
.57,035.00
$ 64,237.40
31
99237.00 $
94,026.00
$ . 88,725.31
3J
89118.00 $
79,580.00
$ 75,175.00
3K
47557.99 S
50.850.00
$ 44,434.00
3L
35078.00 $
49,339.00
$ 43.845.29
3M
117..341.00 $
93,715.00
$ 104.775.00
3N
89i49.00 $
90,303.00
$ 91,891.30
4A
10078.5.00 $
100.347.28
$ 13.060.00
48
102122.75 $
87.610.36
$ 77,824.25
4C
70039.25 $
65,940.03
$ 04.654.84
4D
59583.00 $
64,346.00
$ 57.033.00
4E
110720.00 S
98,794.24
$ 91,473.35
4F
9U85U.00 $
76,810.00
$ 61.735.01)
4G
84240.00 $
70,820.00
$ 60,345.OU
4H
74300.00 $
75.055.00
$ 66,671.D0
H
110,570.00 S
89,500.00
$ 78,835.00
4K
62687.85 $
51,727.75
$ 56,330.00
4L
845.58.00 $
72,305.00
$ 69,833.00
IN
138325.00 $
1Td,166.81
$ 146,215.87
rOTAIJ
3030798.94 $
2,836,814.20
$ 2,570.214.39
Revenue Comparison
2010 2009 2008
2W7
$ 71,098.75
$ 61,275.D0
$ 67.,9T1..00
$ 60,947.33
$ 103,615.00
$ 48,900.DO
$ 64,215.00
$ 70.518.00
$ Y8,940.00
$ 67,67A.40
$ 72,595.00
$ 6.575.00
$ 63,490.00
$ 48,472.00
$ 41.842.60
$ 48.640.00
$ 82.515.00
$ 60,596.68
S 53.511.08
$ 60,836.61
$ 61,090.36
S 72,782,65
$ 70,376.00
$ 70.093.24
$ 75,080.00
$ 86,238.00
$ 84,765.00
$ 89.780.00
$ 76,275.00
$ 74,700.00
$ 80.853.38
$ 86,350.00
S 66.110.00
$ 74,675.00
$ 46,115.OU
$ 48,175.00
$ 58,5w.00
$ 48,53S.00
; 59,331.60
$ 58,248.13
$ 46,188.39
$ 45.441.33
$ 47.318.33
$ 46.430.00
$ 51,145.00
$ 53.147.54
$ 60,815.00
S 47,465.00
$ 69,338.00
$ 73.845.00
$ 82,030.00
S 61,305.00
$ 69.160.00
$ 60,335.00
$ 71,125.00
S 74,870.00
$ 74.333.00
$ 81,195.00
$ 77,0105
$ 81.870.00
$ 98,706.00
$ 107,693.38
$ 110.323.34
$ 81,921.00
$ -
$ -
$ 33,734.00
$ 54,015.00
$ 49.115.00
$ 62,230.00
$ 64,720.26
$ 57,543.39
$ 149,771.36
$ 132,327.35
S 137,216.72
$ 113,281.62
$ 49.000.00
$ 44.445.00
3 55,645.00
$ 41,820.00
$ 96,636.00
$ 84,535.09
S 105,710.00
$ 94,916.67
$ 74.910.00
$ 59,708.54
$ 51,185.00
$ 51.875.63
S 40,600.00
S 44,3.57.25
$ 57,276.64
$ 45, 11 S. DO
6 35,640.00
$ 53,574.00
$ 52,125.00
$ 47,441.38
$ 103,274.00
$ 108.357.68
$ 110,853.38
$ 100,861.80
$ 91,796.64
$ 94.617.91
$ 85,953.00
$ 83,006.28
$ 68,545.00
$ 75,091.00
$ BS,T,20.04
$ 70,563.34
$ 68,326.12
$ 94,468.40
$ 73,207.00
$ 65,2U5.40
$ 60,785.00
$ 53,577.00
$ 56.443.00
$ 57,890.00
$ 72,790.00
$ 68,775.00
$ B2,623.04
$ 70.78.5.00
$ 56,160,00
$ 69,700.OD
$ 49.700.00
S 81.355.00
$ 72,520.00
$ (34,684.00
$ 67,640.00
$ 70,3B6.53
$ 73,665.00
$ 78.946.00
S 78,835.00
S 91,780.00
S 90,870.00
S 92,470.00
$ 89,055.00
$ 78,230,00
$ 57.990.00
$ 44.441.00
$ 61,164.94
$ 53,492.24
j 60,610.15
$ 67,865.00
$ 71,747.29
E 74,41723
$ 147,465.00
$ 83,040.00
$ 2.666,283.7/
$ 2,502,000.20
$ 2,564,639.39
$ 2,403.646.02
• •
Exhibit D- Costs & Revenues Generated from Owning a Condominium Unit
Revenues Generated from Short-term Renting Condominium Units (2000- 2018)
2006
$ 55,861.70
2005
$ 56,775.42
2004
$ 47,840.00
2003
$ 49.675.00
2002
$ 55,056.60
$
2001
42.189.24
$
2000
41,979.40
2A
2$
$ 79,675.00
$ 62.201.65
$ 65.064.00
$ 60,685.00
$ 55,215.00
$
41,366.00
$
55,357.00
2C
$ 58,206.70
$ 70.802.60
$ 59,960.00
$ 57,609.94
$ 40,445.00
$
59,793.30
$
45,464.00
2D
$ 44,569.00
$ 45,585.00
$ 40,810.00
$ 40,754.95
$ 36,700.00
$
38,648.00
$
41.805.00
2E
$ 47.545.00
$ 56.405.00
$ 51,720.00
$ 44,040.00
$ 35,483.00
$
47,114.84
$
51,819.35
2F
$ 62,874.50
$ 58,873.31
$ 62,257.00
$ 48,715.00
$ 42,218.00
$
55,310.10
$
58,434.00
2G
$ 84,399.00
$ 80,088.00
$ 76,635.00
$ 66,615.00
$ 70,399.90
$
68,820.05
$
50,067.00
2H
$ 73,765.00
$ 71,682.00
$ 77,965.00
$ 60,570.00
$ 60,371.00
$
60.875.00
$
65,337.67
21
$ 42,985.00
$ 34,375.00
$ 35,955.00
$ 30,480.00
$ 28,960.00
$
36,814.00
$
43,314.00
2J
$ 59,619.95
$ 5.8,920.00
$ 51.320.00
$ 46,004.00
$ 3T,125.00
$
38,810.44
$
48,443.00
2K
$ 44,787.66
$ 39.791.68
$ 33,387.00
$ 32,795.00
$ 28,261.00
$
36,460.00
$
30,872.00
2L
$ 47,425.00
$ 47,484.94
$ 41,960.00
$ 38,140.00
$ 31,057.00
$
25,835.00
$
34.542.76
2M
$ 52,501.00
$ 52,515.00
$ 49,780.00
$ 34,430.00
$ 33,480.00
$
35,085.00
$
43,875.75
2N
$ 55,231.00
$ 56,535.09
$ 51,041.31
$ 56,735.00
$ 49,265.00
$
63,086.26
$
58.092.03
3A
$ 72.335.00
$ 82,570.00
$ 70,600.00
$ 67,638.00
$ 68,211.68
$
68,873.33
$
67,464.00
38
$ 91,194.00
$ 93,047.00
$ 40,260.00
$ 39.665.00
$ 41,309.00
$
37,664.00
$
45,678.00
3D
$ 51,019.00
$ 54,470.00
$ 45,275.00
$ 27,140.00
$ 40,403.30
$
41,609.17
$
41,591.92
3E
$ 57,075.00
$ 49,540.00
$ 49,250.00
$ 51,125.00
$ 46,205.01
$
46,970.73
$
44,548.00
3F
$ 115,338.29
$ 82,133.00
$ 76,002.00
$ 75,230.00
$ 72.319.85
$
65.580.00
$
66.481.75
3G
$ 41,620.00
$ 54,476.00
$ 60,530.00
$ 58,080.00
$ 55,345.00
$
64,510.00
$
62,291.20
31
$ 93,126.00
$ 79,596.00
$ 86,480.00
$ 75,060.00
$ 65,600.00
$
65,535.00
$
49,866.00
31
$ 52,665.00
$ 47,107.00
$ 42.250.00
$ 41.365.00
$ 36.834.00
$
36,942.60
$
41,606.40
3K
$ 41,509.34
$ 39,606.10
$ 3,680.00
3L
$ 51,670.00
$ 43,380.00
$ 35,226.00
$ 34,215.00
$ 35,488.00
$
33,225.00
$
36,037.30
3M
$ 108.045.00
$ 89,526.00
$ 87,555.00
$ 82.810.00
$ 83,326.00
n/a
n/a
3N
$ 70,335.00
$ 84,000.00
$ 77,329.41
$ 63,409.00
3 55,027.70
$
76,253.00
$
75,441.00
4A
48
$ 59,246.78
$ 67,241.69
$ 58,725.00
$ 59,155.00
$ 48.620.09
$
41,43127
$
58,415.00
4C
$ 71,355.00
$ 55,614.90
$ 51,681.70
$ 49,582.59
$ 54,440.00
$
49,587.98
$
65,696.00
4D
$ 52,300.96
$ 51,646.84
$ 22,350.00
$ 26,250.00
$ 44,195.00
$
45,712.00
$
50,035.00
4E
$ 69,041.00
$ 60.615.00
$ 72,676.78
$ 70,045.61
$ 62,484.01
$
56,288.00
$
59,850.00
4F
$ 9,500.00
$ -
$ 44,100.10
$ 63,480.00
$ 67,028.77
$
70,415.00
$
78,438.28
4G
$ 78,410.00
$ 78,329.14
$ 61,920.02
$ 68.480.00
$ 69,206.76
$
74,494.61
$
63.479.90
4H
$ 72,477.35
$ 78,159.96
$ 77,610.00
$ 54,530.00
$ 58,266.94
$
65,378.00
$
77,343.00
41
$ 75,160.00
$ 68,205.00
$ 65,280.00
$ 60.710.00
$ 57.120.00
$
69.935.00
$
64.964.50
4 K
58,580.00
$ 54,865.00
$ 42,788.67
$ 48,730.00
$ 42,466.00
$
45,686.69
$
42,924.00
41
$ 64.724.00
$ 62.942.00
$ 61,855.00
$ 41,870.00
$ 49,335.75
$
47,007.37
$
52,030.02
4N
TOTAL
$ 2,266,062.23
$ 2,169,104.32
$ 1,978,117.99
$ 1,825,819.09
$ 1,757,269.36
$
1,753,284.98
$
1,793,584.22
• •
Exhibit D- Costs & Revenues Generated from Owning a Condominium Unit
Yearly Association Dues & Other Expenses for Owning a Unit
North of Nell Management
Income/Expense Summary
From January 1, 2018 to December 31, 2018
For: North of Nell, Unit 2L
2 Bd/Std 2 Baths
Credits Charges
Gross Income
Total Gross Income
-----------
0.00
0.01;
Operating Expense
HOUSEKEEPING/LAUNDRY
1046.68
MAINTENANCE LABOR
502.00
ASSOCIATION DUES
22537.70
UTILITIES
2504.64
MISCELLANEOUS EXPENSE
2691.62
Total Operating Expense
------------
29282.E4
0.0%
Net Operating Income
------------
29282.64
0.0%
Other Income and Expense
Total Other Income and Expense
------------
0.00
0.0%
Net Income
------------
29282.64
0.0%
North of Nell Management
Income/Expense Summary
From January 1, 2018 to December 31, 2018
For: North of Nell, Unit 2I
3 Bd/Deluxe 2.5 Baths
Credits Charges
Gross Income
Total Gross Income
------------
0.00
0.0%
Operating Expense
HOUSEKEEPING/LAUNDRY
6770.26
MAINTENANCE LABOR
564.40
ASSOCIATION DUES
23995.06
UTILITIES
1928.46
MISCELLANEOUS EXPENSE
1214.36
Total operating Expense
------------
33572.54
0.0%
Net Operating Income
------------
33572.54
0.0%
other Income and Expense
Total Other Income and Expense
------------
0.00
0.0%
Net Income
------------
33572.54
0.0%
Exhibit E- Letters from Current and Former Manager of the North of Nell
ATTACHMENT 8
at aspen mountain
June 23, 2019
Jennifer Phelan AICP
City of Aspen
Community Development Department
130 South Galena Street
Aspen, Colorado 81611
RE: North of Nell Condominium Units 3K & 4K
Dear Jennifer:
I am the Manager of the North of Nell Condominiums which is located at the base of Aspen
Mountain immediately adjacent to the gondola. The North of Nell is located within the
Commercial Lodge zone district and is operated as a tourist accommodations facility with
commercial uses on the ground floor. The North of Nell has been operated as a tourist
accommodations facility since it was developed in 1968.
I have managed the North of Nell Condominiums since 1994 and am onsite five to six days a
week. Condominium units 3K and 4K have been rented exclusively as tourist accommodations
and have not been occupied by full time residents while I have managed the North of Nell. I
have spoken with Don Helmich and Charlie Hopton who managed the North of Nell prior to me.
Don and Charlie assured me that units 3K and 4K were never occupied on a long term basis
during basis while they managed the North of Nell. Additionally, as indicated in Charlie's letter,
the owners of units 3K and 4K had their units in the short term rental program prior to him
taking over management of the North of Nell.
Vance Grenko managed the North of Nell from 1968 until 1980. Unfortunately, Vance has
passed away, however my North of Nell records do not indicate that units 3K and 4K were
occupied on a long term basis when Vance managed the facility.
You may reach at 925 1510 or joe@northofnell.comat if you have any questions regarding units
3K and 4K.
Sincerely,
North of Nell Condominiums
Joseph Raczak, Manager
555 East Durant St. Aspen, CO 81611
970,925.1510 main 970.925.1550 ki, 800.481.1510 toll free
www.northofnell.com
• •
Exhibit E- Letters from Current and Former Manager of the North of Nell
ATTACHMENT 9
Charles Hopton
149 East Lupine Drive
Aspen, Colorado 81611
June 23, 2019
Jennifer Phelan AICP
City of Aspen
Community Development Department
130 South Galena Street
Aspen, Colorado 81611
RE: North of Nell Condominium Units 3K & 4K
Dear Jennifer:
I managed the North of Nell Condominiums from 1980 until 1986. Condominium units 3K and
4K were rented exclusively as tourist accommodations and were not occupied by full time
residents while I managed the North of Nell. When I took over management of the North of Nell
3K was owned by the Greggs and 4K was owned by the Farvers. Both families had their units in
the short term rental program and continued to do so while I managed the building.
You may call me at 319-7900 or send me an email at hopton@,,kazakh.com if you have any
questions regarding units 3K and 4K.
Sincerely,
Charles Hopton
Exhibit E- Letters from Current and Former Manager of the North of Nell _
ATTACHMENT 10
Donald Relmico .
4006 County Road 115
Glenwood springs, CO 81601
June 20, 2019
Jennifer Phelan AICP
City of Aspen
Community Development Department
130 South Galena Street
Aspen, Colorado 81611
RE: North of Nell Condominium Units 3K & 4K
Dear Jennifer:
I managed the North of Nell Condominiums from 1986 until 1994. Condominium units 3K and
4K were rented exclusively as tourist accommodations and were not occupied by full time
residents while I managed the North ofNell.
You mareach me via email at dl�mich@a sQgris.net if you have any questions regarding units
3K and 4K.
-Sincerely,
1
Donald Helmich
�1/ �►
1 `I,,I
t �
CITY OF ASPEN
Land Use Application
Determination of Completeness
Date: July 9, 2019
Dear City of Aspen Land Use Review Applicant,
We have received your land use application for North of Nell, 555 E. Durant, Units
3 and 4K and have reviewed it for completeness (but not compliance).
Your Land Use Application is complete:
Please submit the following to begin the land use review process.
1) Digital pdf of the entire application (via thumb drive, emailed files, or file
sharing)
2) Deposit of $1,300.00
Other submission items may be requested throughout the review process as
deemed necessary by the Community Development Department. Please
contact me at 429-2765 if you have any questions.
Thank You,
i
Ben Anderson, Planner II
City of Aspen, Community Development Department
For Office Use Only:
Mineral Rights Notice Required
Yes No
GMQS Allotments
Yes No_
Qualifying Applications:
New PD
Subdivision, or PD (creating more than 1 additional lot)
Residential Affordable Housing
Commercial E.P.F. Lodging
130 South Galena Street Aspen, CO 81611-1975 1 P: 970.920.5000 1 F: 970.920.5197 1 cityofaspen.com
0
Agreement to Pay Application Fees
An agreement between the City of Aspen ("City") and
Address of Property:
SSS r. please type or print in all caps
Property Owner Name,D--'M'ei Z---fF Representative Name (if different from Propertyowner)
Billing Name and Address - Send Bills to:
Ty.,- ►R�.�Zw(�l (`40M vF Q,,. r..✓�T �'v� i� ri r �l r
Contact info for billing: a -mail: N/ P Phone:
e-1-10 - c( Z S - )51a
I understand that the City has adopted, via Ordinance No. 30, Series of 2017, review fees for Land Use applications and
payment of these fees is a condition precedent to determining application completeness. I understand that as the property
owner that I am responsible for paying all fees for this development application.
For flat fees and referral fees: I agree to pay the following fees for the services indicated. I understand that these flat fees are
non-refundable.
$. flat fee for $. flat fee for
$. flat fee for $. flat fee for
For Deposit cases only: The City and I understand that because of the size, nature or scope of the proposed project, it is not
possible at this time to know the full extent or total costs involved in processing the application. I understand that additional
costs over and above the deposit may accrue. I understand and agree that it is impracticable for City staff to complete
processing, review and presentation of sufficient information to enable legally required findings to be made for project
consideration, unless invoices are paid in full.
The City and I understand and agree that invoices mailed by the City to the above listed billing address and not returned to
the City shall be considered by the City as being received by me. I agree to remit payment within 30 days of presentation of
an invoice by the City for such services.
I have read, understood, and agree to the Land Use Review Fee Policy including consequences for no -payment. I agree to pay
the following initial deposit amounts for the specified hours of staff time. I understand that payment of a deposit does not
render and application complete or compliant with approval criteria. If actual recorded costs exceed the initial deposit, I
agree to pay additional monthly billings to the City to reimburse the City for the processing of my application at the hourly
rates hereinafter stated.
$ 00-L-'o deposit for hours of Community Development Department staff time. Additional time
above the deposit amount will be billed at $325.00 per hour.
$ NA' 1 deposit for 'V 1�' hours of Engineering Department staff time. Additional time above the
deposit amount will be billed at $325.00 per hour.
City of Aspen:
Signature:
Jessica Garrow, AICP
Community Development Director PRINT Name: n 1 e, Z c f F
City Use:
Fees Due: $ Received $ Title: �VLJ ✓�e i
Case d
November920 5090
July 2, 2019
Jennifer Phelan AICP
0 •
Davis Horn -
PLANNING & REAL ESTATE CONSULTING
CKV3
JUL 0 2 2019
City of Aspen
Community Development
City of Aspen Community Development Department
130 South Galena Street
Aspen, Colorado 81611
Re: Insubstantial Planned Development Amendment to North of Nell Units 3K and 4K
Dear Jennifer:
Daniel Zeff ("Applicant") owns North of Nell Condominium Units 3K and 4K. The North of Nell is located at
555 East Durant Avenue at the base Aspen Mountain adjacent to the gondola plaza (PID Ws 2737-182-49-015
& 2737-182-49-002). The Applicant is represented in this land use application by Davis Horn Incorporated
and Joe Raczak, Manager of the North of Nell Condominiums. The Applicant is seeking an insubstantial
amendment to the North of Nell Planned Development in order to combine Units 3K and 4K. Attachment 1 is
a letter from, the Applicant authorizing Glenn Horn and Joe Raczak to represent him in the land use review
process. Attachment 2 is a vicinity map which depicts the location of the subject site and Attachment 3 is the
City of Aspen Pre -Application Conference Summary Sheet.
I.
Background and Existing Conditions
The North of Nell Condominium Building is located on approximately 27,000 square feet of land and is bounded
by Dean Street to the south, Galena Street to the west, Durant Avenue to the north and the Aspen Mountain
Gondola Plaza (Hunter Street extended) to the east. The site is zoned Commercial Lodge with a Planned
Development overlay (CL/PD). As depicted by Attachment 4, the Final Plat of the North of Nell Condominiums
P.U.D. the land is legally described as Lots A,B,C,D, E,F,G,H and I, Block 97 of the City of Aspen Townsite
(Attachment. The North of Nell was built in 1968 in compliance with zoning at the time. Subsequent zoning
changes made the building a legally non -conforming structure. On October 22, 2007 the City Council approved
Ordinance # 36, Series of 2007 which approved a Planned Unit Development to legalize the non -conforming
Dimensional standards of the North of Nell Condominiums (Attachment 5). On October 8, 2008 the North of Nell
Condominiums and the City of Aspen signed the Subdivision/PUD Agreement for the North of Nell
Condominiums which documented the N� DfifelikUD Reoist&Avaensoimal Calculations (Attachment 6).
215 SOUTH MONARCH ST. - SUITE 104 - ASPEN, COLORADO 81611 - 970/925-6587 - FAX: 970/925-5180
adavis@rof.net I ghorn@rof.net
The North of Nell is a mixed use commercial/tourist accommodations development. There are 40 tourist
accommodations condominiums on the top three floors and 12 commercial condominium units on the ground
floor. The underground garage (basement) is improved with 61 parking space, a shop, storage and utility rooms.
II.
Project Description
The Applicant is proposing to combine condominium units 3K and 4K. Attachment 7, North of Nell Units 3K and
4K Remodel prepared by Menendez Architects depicts the existing and proposed floor plans for the units and
documents the existing and proposed net livable area. The drawings show that Unit 3K contains 869 square feet
of net livable area and Unit 4K contains 868 square feet of net livable area. The Applicant is proposing to develop
an internal staircase which will link the units (Attachment 7). The kitchen in Unit 3K will be removed and the unit
will be remodeled to include two bedrooms and two bathrooms. The bedroom in Unit 4K will be removed and the
unit will be remodeled to include a kitchen, dining room, living room and bathroom. The combined net livable
area of the two units will be 1,694 square feet of net livable area (Attachment 7).
III.
Land Use Review
This section of the land use application demonstrates compliance of the Applicant's proposal with the applicable
land use standards identified in the City of Aspen Pre -Application Conference Summary Sheet (Attachment 3).
The following Code sections are addressed.
• Section 26.470.100.D.8.c Demolition or Redevelopment of Multi -Family Housing
• Section 26.445.110. A Insubstantial Planned Development Amendment
• Section 26.575.020 Calculations and Measurements
• Section 26.710.200 Commercial Lodge District
Land Use Code standards appear in bold followed by the Applicants responses.
Section 26.470.100.D. 8.c. Demolition or Redevelopment of Multi -Family Housing 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 requirements shall not exempt a development from compliance with any other provisions
of this Title.
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 apply including zoning, growth
management, and building codes.
2
0 0
As previously noted, the North of Nell Condominiums are located at the base of Aspen Mountain adjacent
to the Gondola Plaza. The Condominiums are managed by Joe Raczak and his staff as tourist
accommodations. Refer to Attachment 8, a June 23, 2019 letter from Joe Raczak. Joe has managed the
North of Nell for 25 years since 1994. He explains in his letter that the North of Nell is operated as a
tourist accommodations facility and Units 3K and 4K have always been utilized as tourist accommodations
during his tenure as Manager. Additionally. Joe has contacted former Managers Don Hemlich and Charlie
Hopton to discuss the use of Units 3K and 4K during the years which Don and Charlie managed the North
of Nell (1980 to 1994). Both Don and Charlie told Joe Units 3K and 4K were always utilized as tourist
accommodations units when they managed the North of Nell. Vance Grenko managed the North of Nell
from 1968 to 1980. Unfortunately, Vance has passed away however Joe states in his letter that North of
Nell records do not indicate that Units 3K and 4K were occupied on a long term basis when Vance
managed the tourist accommodations facility.
Attachment 9 is a June 23, 2019 letter from Charles Hopton, North of Nell Manager, from 1980 to 1986.
Charlie indicates in his letter that Unit 3K and Unit 4K were rented exclusively as tourist accommodation
units while he managed the North of Nell. When he took over management of the North of Nell tourist
accommodations facility in 1980 the Unit 3K was owned by the Greggs and Unit 4K was owned by the
Farvers. Both families had their units in the short term rental program.
Attachment 10 is a June 20, 2019 letter from Donald Hemlich who managed the North of Nell tourist
accommodations facility from 1986 to 1994. According to Don, Unit 3K and Unit 4K were rented
exclusively as tourist accommodations units and were not occupied by full time residents while he
managed the North of Nell tourist accommodations facility
Attachments 8, 9 and 10 demonstrate that Unit 3K and Unit 4K have never housed a working resident and
have always been tourist accommodations units.
Section 445.110.A Insubstantial Planned Development Amendment
1. The request does not change the use or character of the development.
The North of Nell is a tourist accommodations mixed use development located at the base of Aspen Mountain.
There are primarily retail and office uses on the ground floor with tourist accommodations on the second, third
and fourth floors. The is onsite management which provides a high level of guest services to the visitors
staying in the facility. There is direct access to Aspen Mountain from the east side of the building and to
downtown Aspen on the north and west sides of the structure. The proposed insubstantial amendment does not
change the tourist accommodations character of development.
2. The request is consistent with the conditions and representations in the project's original approval,
or otherwise represents an insubstantial change.
The proposed change to the building envelope is consistent with representations made in prior North of Nell
land use reviews.
3. The request does not require granting a variation from the project's allowed use(s) and does not
request an increase in the allowed height or floor area.
0 0
The proposal does not include any variation in the allowed uses in the PUD, nor is there a proposal to increase
the allowed height or floor area. Refer to the Final Plat of the North of Nell Condominium PUD (Attachment
4) and the Subdivision/PUD Agreement for the North of Nell Condominiums (Attachment 6). The proposed
insubstantial amendment does not affect the Dimensional Calculations in Section 3 of the Agreement.
4. Any proposed changes to the approved dimensional requirements are limited to a technical nature,
respond to a design parameter that could not have been foreseen during the Project Review
approval, are within dimensional tolerances stated in the Project Review, or otherwise represents an
insubstantial change.
The Applicant is not proposing any changes to dimensional requirements (see Attachment 6, Section 3).
5. An applicant may not apply for Detailed Review if an amendment is pending.
Detailed review is not proposed or required.
Section 26.575.020 Calculations and Measurements
The Applicant is not proposing any changes to the exterior of the building. Units 3K and 4K will be linked by a
new interior staircase. The Applicant's Architect, Luis Menendez, has calculated the existing and proposed net
livable area of the subject units based upon Section 26.575.020 D. of the Land Use Code. Attachment 7, North
of Nell Units 3K and 4K Remodel depicts the existing and proposed floor plans for the units and documents
the existing and proposed net livable area. The drawings show that Unit 3K contains 869 square feet of net
livable area floor area and Unit 4K contains 868 square feet of net livable area. The bedroom in Unit 4K will
be removed and the unit will be remodeled to include a kitchen, dining room, living room and bathroom. The
combined net livable rea of the two units will be 1,694 square feet (Attachment 7).
Section 26.710.200 Commercial Lodge (CL) Zone District
The purpose of the Commercial Lodge (CL) zone is to provide for mixed -use commercial lodge development
with commercial uses on the ground floor and lodging development above. Lodging development includes
hotel, lodge, timeshares and short term vacation rentals. The North of Nell offers short term vacation rentals
with kitchens in the units. Section 26.710.200 D. 12 limits the maximum residential unit size to 1,500 square
feet of net livable area. As noted in the previous section the combine size of the two units will be 1,694
square feet of net livable area. If this land use application is approved the Applicant will acquire a transferable
development right to develop more than 1,500 square feet of net livable area as permitted by the Code
IV.
Summary
This Applicant application proposes an insubstantial amendment to the North of Nell Planned Development.
The change to the PUD has been approved by the North of Nell Condominium Association and will be in
compliance with the Commercial Lodge (CL) zone (Section 26.710.200 D. 12). The North of Nell is a tourist
accommodations facility and the Applicant has supplied letters from three managers of the North of Nell
attesting that Units 3K and 4K have always been used as tourist accommodations units since 1980 and there is
2
0
C
no evidence that the units were occupied on a long term basis from 1968 to 1980 when the facility was manage
by Vance Grenko who is deceased. The proposal complies with Section 26.470.100.13. 8.c. and is exempt from
the demolition, combining, conversion, replacement, or redevelopment of multi -family housing units.
Thank you for considering this land use application. Please contact me if you would like us to provide any
additional information or if you have any questions.
Sincerely,
DAVIS HORN INCORPORATED
5 -
GL HORN AICP
List of Attachments
l . June 21, 2019 Letter from Daniel Zeff Authorizing Glenn Horn and Joe Raczak to represent him in the Land Use Review
Process
2. Vicinity Map
3. Pre -Application Conference Summary Sheet
4. Final Plat of the North of Nell Condominiums PUD
5. Aspen City Council Ordinance # 36, Series of 207 Approving a Planned Unit Development to Legalize the Existing Non -
Conforming Dimensional Standards for the North of Nell Condominiums
6. Subdivision/PUD Agreement for the North of Nell Condominiums
7. North of Nell Units 3K and 4K Remodel: Existing and Proposed Net Livable Area
8. June 23, 2019 letter from Joe Raczak, North of Nell Condominiums Manager
9. June 23, 2019 letter from Charles Hopton, Former North of Nell Condominiums Manager
10. Donald Hemlich
11. Ownership and Encumbrance Reports
12. Fee Agreement
13. Homeowners Association Compliance Policy
14. Land Use Application Form
15. Dimensional Requirements Form
9
1
J
June 21, 2019
Daniel Zeff
885 Sixth Avenue
# 41C
New York, NY 10001
Jennifer Phelan AICP
City of Aspen Community Development Department
130 South Galena Street
Aspen, Colorado 81611
ATTACHMENT 1
Re: North of Nell Condominiums Insubstantial Planned Development Amendment to
Combine Units 3K and 4K
Dear Jennifer:
I own North of Nell Condominiums Units 3K and 4K. This letter authorizes Glenn Horn and Joe
Raczak to prepare a land use application for my two condominium units and represent me in the
land use review process.
You may email me at danielzeff(a.yahoo.com if you have any questions.
Thank you.
Sincerely,
Daniel Zeff
ghorn@rof.net
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ATTACHMENT 3
CITY OFASPEN
PRE -APPLICATION CONFERENCE SUMMARY
DATE: March 25, 2019
PLANNER: Garrett Larimer, 429-2739
PROJECT NAME AND ADDRESS: 555 E Durant Ave. — North of Nell
REPRESENTATIVE: Glenn Horn, Davis Horn Incorporated, 970-925-6587
DESCRIPTION:
The Applicant is seeking to combine two residential units in the North of Nell building, no changes are
proposed to the exterior of the building. The subject property is zoned Commercial Lodge with a
Planned Development overlay (CL/PD). The zone district includes limitations on the maximum
allowable unit size. The combining of residential multi -family units is considered demolition by the
Land Use Code.
Currently, the Commercial Lodge (CL) zone district permits a maximum multi -family residential unit
size of 1,500 sq. ft. of net livable area (L.U.C. Section 26.104.100, Definitions) unless a Historic
Transferable Development Right is purchased which would enable the units to reach 2,000 sq. ft. net
livable. Additionally, the combining of multi -family residential units is subject to growth management
review: Demolition or redevelopment of multi -family housing (L.U.C. Section 26.470.100.E.) and
affordable housing mitigation unless the proposal is exempt from the growth management review
under a number of outlined exemptions. It appears that the Applicant believes the following
exemption is applicable:
26.470.100.E.8.c - "The demolition, combining, conversion, replacement, or redevelopment of
Multifamily 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.)."
The Applicant is required to submit a land use application with appropriate documentation showing
that the above -referenced exemption is met. The applicant will also need to show that no increase in
overall floor area to the building is proposed for residential uses within the Planned Development
(PD) and the unit complies with the maximum unit size allowed in this zone district. An Insubstantial
PD amendment will also be required to document combining two units, upon approval the applicant
will be required to record an amended plat of the residential units. Upon approval, it's recommended
that the Condo Plat be amended as well.
The Applicant should be aware that at the time of building permit the zoning officer will review the
design to ensure it complies with all applicable zoning requirements, including unit size, floor area,
and any internal connections between units.
RELEVANT LAND USE CODE SECTIONS:
t3oSouth Ga(enaStreet Aspen, ::C) P:97t)92U5000 1 F 970v20.51917 1 cit.yofa,Fefl
Section Number Section Title
26.470.100.E Demolition or Redevelopment of Multi -Family Housing
26.445.110.A Insubstantial Planned Development Amendment
26.575.020 Calculations and Measurements
26.710.200 Commercial Lodge (CL) Zone District
For your convenience — links to the Land Use Application and Land Use Code are below:
Land Use Application Land Use Code
REVIEW BY: Community Development Staff for complete application and decision
PUBLIC HEARING: No
PLANNING FEES: $1,300 for 4 hours of staff time (additional hours will be billed at $325/hr)
REFERRAL FEES: None.
TOTAL DEPOSIT: $1,300
APPLICATION CHECKLIST — These items should first be submitted in a paper copy.
❑ Completed Land Use Application and signed Fee Agreement.
❑ Pre -application Conference Summary (this document).
❑ Applicant's name, address and telephone number, contained within a letter signed by the applicant
stating the name, address, and telephone number of the representative authorized to action on behalf
of the applicant.
❑ Street address and legal description of the parcel on which development is proposed to occur,
consisting of a current (no older than 6 months) certificate from a title insurance company, an
ownership and encumbrance report, 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.
❑ An 8 1/2" by 11" vicinity map locating the parcel within the City of Aspen.
If the copy is deemed complete by staff, the following items will then need to be submitted:
❑ Total deposit for review of the application.
❑ A digital copy of the application provided in pdf file format.
Depending on further review of the case, additional items may be requested of the application. Once the
application is deemed complete by staff, the applicant/applicant's representative will receive an e-mail
requesting submission of an electronic copy of the complete application and the deposit. Once the deposit is
received, the case will be assigned to a planner and the land use review will begin.
Disclaimer:
The foregoing summary is advisory in nature only and is not binding on the City. The summary is based on
current zoning, which is subject to change in the future, and upon factual representations that may or may not
be accurate. The summary does not create a legal or vested right.
•
ATTACHMENT 4
CERTIFICATE OF OWNERSHIP
JUL 0 2 2019
City of Aspen
Community Development
FINAL PUD PLAT OF
NORTH OF NELL CONDOMINIUMS P.U.D.
SECTION 18, TOWNSHIP 10 SOUTH, RANGE 84 WEST OF THE 6th P.M
CITY OF ASPEN, COUNTY OF PITKIN, STATE OF COLORADO
SHEET 1 OF 19
THE PURPOSE OF THIS PUD PLAT IS TO ESTABLISH THE APPROVED PLANS FOR THE 2008 EXTERIOR REMODEL OF
NORTH OF NELL CONDOMINIUMS, PURSUANT TO CITY OF ASPEN ORDINANACE NO. 36. SERIES OF 2007.
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NET LIVABLE FLOOR AREA CALCULATIONS
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ATTACHMENT 5
ORDINANCE NO.36,
(SERIES OF 2007)
A ORDINANCE OF THE ASPEN CITY COUNCIL APPROVING A PLANNED
UNIT DEVELOPMENT TO LEGALIZE THE EXISTING NON -CONFORMING
DIMENSIONAL STANDARDS WITH CONDITIONS, FOR THE NORTH OF
NELL CONDOMINIUMS, 555 EAST DURANT STREET, LOTS A,B,C,D,E,F,G,H
AND I, BLOCK 97, CITY AND TOWNSITE OF ASPEN, PITKIN COUNTY,
COLORADO.
Parcel ID: 273 7-182-49051
WHEREAS, the Community Development Department received an application
from the North of Nell Condominium Association (Applicant), requesting approval of a
Planned Unit Development and rezoning as a PUD, described as Lots A,B,C,D,E,F,G,H
and I, Block 97, City and Townsite of Aspen, Pitkin County, Colorado due to the
lowering of Dean Street; and,
WHEREAS, the Community Development Department received referral
comments from the Aspen Consolidated Sanitation District, Parking, City Engineering,
Building, and Parks, as a result of the Development Review Committee meeting; and,
WHEREAS, upon review of the application, referral comments, and the
applicable Land Use Code standards, the Community Development Department
recommends approval of the Planned Unit Development for the North of Nell
Condominiums with conditions; and,
WHEREAS, the Planning and Zoning Commission reviewed the application at a
public hearing on May 15th, 2007, and upon recommendation of the Community
Development Department, continued the public hearing to June 5th, 2007; and,
WHEREAS, the Planning and Zoning Commission did not meet due to lack of
quorum on June 5, 2007, and upon recommendation of the Community Development
Department, continued the public hearing to July 17, 2007; and,
WHEREAS, upon further review of the application at the July 17th continuance,
the Planning and Zoning Commission considered the development proposal under the
applicable provisions of the Municipal Code as identified herein, reviewed and considered
the recommendation of the Community Development Director, and took and considered
public comment at a duly noticed public hearing; and,
WHEREAS, on July l 7th, 2007, via Resolution No. 19 (Series of 2007), the City of
Aspen Planning and Zoning Commission considered and discussed the application and
Page] of 5
found that the development proposal meets all applicable development standards and that
the approvals and recommendation of approval of the land use requests were consistent with
the goals and objectives of the Aspen Area Community Plan; and,
WHEREAS, the City of Aspen Planning and Zoning Commission found that the
Resolution (No. 19, Series of 2007) furthers and is necessary for the promotion of public
health, safety, and welfare; and,
WHEREAS, the City of Aspen Planning and Zoning Commission found that the
development proposal meets or exceeds all applicable development standards and that the
approvals of the development proposal are consistent with the goals and elements of the
Aspen Area Community Plan; and,
WHEREAS, the City of Aspen Planning and Zoning Commission recommends
City Council approve the Planned Unit Development and Amendment to the Official
Zone District Map, by a vote of three to two (3-2); and,
WHEREAS, during a duly noticed public hearing on October 22, 2007, the City
Council opened the hearing, took public testimony, considered pertinent
recommendations from the Community Development Director, and referral agencies of the
City of Aspen and adopted Ordinance No. 36, Series of 2007, approving with conditions,
a planned unit development to legalize the existing non -conforming dimensional
requirements and an amendment to the official zone district map; and,
WHEREAS, the City Council finds that the development proposal meets many of
the applicable development standards and where the standards are varied, that the approval
of the development proposal, with conditions, is consistent with the goals and elements of
the Aspen Area Community Plan; and,
WHEREAS, the City Council finds that this ordinance furthers and is necessary for
the promotion of public health, safety, and welfare.
NOW, THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF ASPEN, COLORADO AS FOLLOWS:
Section 1: Plat and Agreement
The Applicant shall record a PUD agreement that meets the requirements of Land Use Code
Chapter 26.445.070 (C) PUD Agreement, within 180 days of approval if City Council
provides final approval of the PUD request.
Section 2: Zoning Man
Page 2of5
The Community Development Director shall cause an amendment to the City of Aspen
Official Zone District Map to reflect a Planned Unit Development (PUD) overlay on the
property descnbed as 555 east Durant Street, Lots A,B,C,D,E,F,G,H, and I, Block 97, City
and Townsite of Aspen, Pitkin County, Colorado
Section 3: Dimensional Calculations
Dimensional calculations of this PUD shall be as follows as presented by the applicant to the
Planning and Zoning Commission for the July 171' public hearing and City Council October
22"d public hearing:
TOTAL FLOOR AREA
EXISTING FLOOR AREA
OVERALL FLOOR AREA
APPROVED THROUGH THIS
ORDINANCE
TOTAL FLOOR AREA
82,306
83,739
TOTAL F.A.R.
3:1
3.0029:1
TOTAL PERMITTED F.A.R.
3:0029:1
COMMERCIAL FLOOR
EXISTING FLOOR AREA
COMMERCIAL FLOOR
AREA
AREA APPROVED
THROUGH THIS
ORDINANCE
TOTAL FLOOR AREA
21,154
22,924
TOTAL F.A.R.
.76:1
.82:1
TOTAL PERMITTED F.A.R
.82:1
RESIDENTIAL FLOOR
EXISTING FLOOR AREA
RESIDENTIAL FLOOR
AREA
AREA APPROVED
THROUGH THIS
ORDINANCE
TOTAL FLOOR AREA,
60,762
60,815
TOTAL F.A.R.
2.17:1
2.18:1
TOTAL PERMITTED F.A.R.
2.18:1
As approved by the City Council at the October 22"d meeting, an administrative PUD
Amendment can be granted by the Community Development Department to
accommodate a difference in the floor area between the land use submission calculation
and the building permit submission calculation as long as no changes to the building are
proposed from the land use approval to the building permit application.
Section 4:Conditions
Pursuant to the procedures and standards set forth in Title 26 of the Aspen Municipal Code,
North of Nell Condominiums, parcel identification of 2737-182-49051, the Aspen Planning
Page 3 of 5
and Zoning Commission recommends approval of the proposed Planned Unit Development,
subject to the following conditions:
1. Prior to final approval, the applicant will provide a PUD plat that reflects actual
floor area and ratio as calculated according to the Aspen Land Use Code.
2. A PUD Agreement and Amended PUD Plan shall be recorded within 180 days of
the final approval by City Council and shall include the information required to be
included in a PUD Agreement, pursuant to Section 26.445.070(C),
3. Prior to issuance of any building permit for any improvement to the building, the
applicant shall submit building elevations and design details showing the design
as approved by the North of Nell Condominium Association. The design shall be
approved by the Community Development Director. Building permit applications
shall conform to the approved design.
4. The applicant shall file a Notice of PUD in the Clerk and Recorders office of
Pitkin County subsequent to receipt of a development order, or prior to issuance
of a building permit.
5. As conditioned by City Council at the October 22, 2007 public hearing, both saw
tooth roofs (upper and lower) shall be maintained and no protrusions through the
sawtooth roofs with the exception of chimneys and mechanical devices shall
occur.
Section 5•
All material representations and commitments made by the applicant pursuant to this
application, whether in public hearings or documentation presented before the Planning and
Zoning Commission or City Council, are hereby incorporated in such plan approvals and the
same shall be complied with as if fully set forth herein, unless amended by an authorized
entity.
Section 6•
This Ordinance shall not effect 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 7•
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.
INTRODUCED, READ AND ORDERED PUBLISHED as provided by law, by the City
Council of the City of Aspen on the 270' day of August, 2007.
Page 4 of 5
Attest:
'Kathryn S. h, City Clerk Michael C. Ireland, Mayor
FINALLY, adopted, passed and approved this 22"d day of October, 2007.
Attest:
/ eww
Kathryn S; och, ity Clerk Michael C. Ire d,Mayor'
Approved as to form:
Page 5of5
ATACHMENT
SUBDIVISION/PUD AGREEMENT FOR THE NORTH OF NELL CONDOMINIUMS
Parcel No. 2737-182-49051
T141S AGREEMENT is made this day of &V " , 2008 between THE NORTH OF
NELL CONDOMINIUM ASSOCIATION (hereinafter "Owner") and THE CITY OF ASPEN, a
municipal corporation (hereinafter the "City").
WHEREAS, Owner owns or represents the owner of the property located at 555 East
Durant Street which is legally described as Lots A,B,C,D,E,F,G,H, and 1, Block 97, City of
Townsite of Aspen, Pitkin County, Colorado, and which plat was recorded on 0 Ak ,
IMffin Book _ff at Page fal as Reception No. TQ q4VL of the Pitkin County Clerk
and Recorder (hereinafter "the Property"); and
WHEREAS, the Community Development Department received an application from the
Owner, represented by Davis Horn Incorporated, requesting approval for a Planned Unit
Development to legalize the existing non -conforming dimensional standards with conditions;
WHEREAS, upon review of the application, referral comments, and the applicable Land
Use Code standards, the Community Development Department recommends approval of the
Planned Unit Development of the Planned Unit Development for the North of Nell
Condominiums with conditions; and
WHEREAS, the Planning and Zoning Commission did not meet due to lack of a quorum
on June 5, 2007 and upon recommendation of the Community Development Department,
continued the public hearing to July 17, 2007; and
WHEREAS, upon further review of the application at the July 17, 2007 continuance the
Planning and Zoning Commission considered the development proposal under the applicable
provisions of the Municipal Code as identified herein, reviewed and considered the
recommendation of the Community Development Director, and took and considered the public
comment at a duty noticed public hearing; and
WHEREAS, on July 17", 2007 via Resolution No. 19 (Series of 2007), the City of Aspen
Planning Commission considered and discussed the application and found that the development
proposal meets all applicable development standards and that the approvals and recommendation
of approval of the land use requests were consistent with the goals and objectives of the Aspen
Area Community Plan; and
WHEREAS, the City of Aspen Planning and Commission recommends city council
approve the Planned Unit Development and Amendment to the Official Zone District Map, by a
vote of three to two (3-2); and
WHEREAS, during a duly noticed public hearing on October 22, 2007, the City of Aspen
City Council (hereinafter "the Council") opened the hearing, took public testimony, considered
pertinent recommendations from the Community Development Director, an
the City of Aspen and adopted Ordinance No. 36, Series of 2007, approving
RECEPTION#: 563447, 10/08/2008 at r Ub 21 1008
11:52:13 AM,
1 OF 5, R $26.00 Doc Code SUB AGREE CITY OF ASPEN
,Janice K. vos Caudill, Pitkin County, Co COMMUNITY DEVELOPMENT
planned unit development to legalize the existing non -conforming dimensional requirements and
an amendment to the official zone district map; and
WI IEREAS, the Council linds that the development proposal meets many of the
applicable development standards and where the standards are varied, that the approval of the
development proposal, with conditions, is consistent with the goals and elements of the Aspen
Area Community Plan; and
WHEREAS, pursuant to the Council's Ordinance No. 36, Series of 2007 ("Ordinance
36"), the Council granted approval with conditions for a Planned Unit Development to legalize
the existing non -conforming dimensional standards with conditions for the North of Nell
Condominiums (the "Project") and
WHEREAS, Owner has submitted to the City for review and approval a PUD plat for the
project (hereinafter the "Plat") and the City will review the Plat with regard to compliance with
matters described herein; and subject to the provisions of the Municipal Code of the City of
Aspen (hereinafter the "Code"), and other applicable rules and regulations; and
WHEREAS, the City and the Owner wish to enter into a PUD Agreement for the Project;
and
WHEREAS, the Owner is willing to enter into such agreement with the City and to
provide assurances to the City; and
NOW, THEREFORE, in consideration of the mutual covenants contained herein, and
the review of the Plat by the City, and in accordance with Ordinance 36, Series of 2007, it is
agreed as follows:
1. Description of Project. The North of Nell Condominium Association is remodeling the
building fagade and roof on all four sides. The remodel on the south side of the building will
provide a new entry to the North of Nell by providing a pedestrian link between Dean Street and
the North of Nell Condominiums. The City approved the redevelopment of Dean Street in
conjunction with the Residences at Little Nell. The approvals of that adjacent project allowed
the elevation of Dean Street to be lowered by approximately three feet. Consequently, the south
wall of the North of Nell will be more exposed and therefore this action by the adjacent
property's developer will increases the floor area at the North of Nell. The PUD Agreement
establishes the dimensional requirements for the project as approved through the PUD review
process.
2 Approved Development via PUD Plat and PUD Agreement. The approved remodel
oil' the North of Nell Condominiums is represented in the North of Nell PUD plat and within this
PUD AUreement. The Owner shall record a final PUD Plat/Plan that meets the requirements of
the Land Use Code and this Agreement within 180 days of approval.
RECEIVED
CITY OF ASPEN
COMMUNITY DEVELOPMENT
3. Dimensional Calculations. Dimensional calculations were approved through Ordinance
36 Series of 2007, but were then revised through an Insubstantial PUD Amendment approved by
Jennifer Phelan on June 5, 2008. The following reflects the final approved dimensional
calculations for the North of Nell Condominiums PUD.
NORTH OF NELL PUD
REVISED DIMENSIONAL CALCULTIONS
OVERALL FLOOR REVISED FLOOR AREA
AREA APPROVED APPROVED THROUGH
THROUGH INSUBSTANTIAL PUD
TOTAL FLOOR AREA ORDINANCE #36 AMENDMENT 6/05/08
Total Floor Area 84,739 sq.ft. 84,524 sq. ft.
Total F.A.R. 3.0029:1 3.03:1
Total Permitted F.A.R. NA 3.03:1
COMMERCIAL
FLOOR AREA
Total Area 22,924 sq. ft. 23,539 sq. ft.
Total F.A.R. .82:1 .83:1
RESIDENTIAL
FLOOR AREA
Total Area
Total F.A.R.
60,815 sq.ft.
2.18:1
61,652 sq. ft.
2.21:1
Source: Davis Horn Incorporated, Wedum and Associates & City of Aspen Community
Development Department: June, 2008
4. Conditions. The North of Nell PUD approval is subject to the following conditions;
a) Prior to final approval, the applicant will provide a PUD plat that reflects actual floor
area and ratio as calculated according to the Aspen Land Use Code.
b) This PUD Agreement and Amended PUD Plan shall be recorded within 180 days of the
final approval by City council and shall include the information required to be included
in a PUD Agreement, pursuant to Section 26.445.070(C).
c) Prior to issuance of any building permit for any improvement to the building, the
applicant shall submit building elevations and design details showi����[�
approved by the North of Nei I Condominium Association. The desigTi'1"h'd'I d
3 AUb e l ZQ08
CITY OF ASPEN
COMMUNITY DEVELOPMENT
by the Community Development Director. Building permit applications shall conform to
the approved design.
d) The Owner shall file a Notice of PUD in the Clerk and Recorder's office ofPitkin
County subsequent to receipt of a development order, or prior to issuance of a building
permit.
c) As conditioned by City Council at the October 22,2007 public hearing, both saw tooth
roofs (upper and lower) shall be maintained and no protrusions through the sawtooth
roots with the exception of chimneys and mechanical devices shall occur.
Notices. Notices to the parties shall be sent by United States certified mail to the
addresses set forth below or to any other address which the parties may substitute in writing.
To the Owner: North of Nell Condominium Association
555 Durant Avenue
Aspen, CO. 81611
With Copies to: Glenn Horn
Davis Horn Incorporated
215 South Monarch Street , Suite 104
Aspen, Co. 81611
To City of Aspen: City Manager
130 South Galena Street
Aspen, Co. 81611
With a Copy to: City Attorney
130 South Galena Street
Aspen, Co. 81611
5. Binding Effect. The provision of this agreement shall run with and constitute a
burden on the land on which the Project is located and shall be binding on and inure to the
benelit of the Owner's and the City's successors, personal representatives and assigns.
6. Amendment. The Agreement may be altered or amended only by written
instrument executed by the parties. RECEIVED
7. Severability. If any of the provisions of this Agreement are determined to be
invalid. it shall not affect the remaining provisions hereof. fAuo ;;; 1 LUUtl
CITY OF ASPEN
COMMUNITY DEVELOPMENT
ATTEST:
Tl lE CITY OF ASPEN, a municipal corporation
Kathryn S. Koch, ity Jerk J C Michael C. Ireland, Mayor
APPROVED AS TO FORM:
John Worcester, City Attorney
OWNER:
Nort f Nell ondom' ium ssociatio
STATE OF J D
)ss.
COUNTY OF
The foregoing Agreement was acknowledged before me this 14/ day of
2008 by n/ a , President of the North of Nell
Homeo ners Association
WITNESS my hand and official seal.
My commission expires:
Notary Public RECEIVED
AUU �e t LU08
CHRIS QbTkQ5 AS N
NoWMMU►�& ENT
SOUTH DAKOTA BEAL
♦4 +
L-tpxcy FIZ7 f ZDt3
ATTACHMENT 8
!Z44Ct--`at aspen mountain
June 23, 2019
Jennifer Phelan AICP
City of Aspen
Community Development Department
130 South Galena Street
Aspen, Colorado 81611
RE: North of Nell Condominium Units 3K & 4K
Dear Jennifer:
I am the Manager of the North of Nell Condominiums which is located at the base of Aspen
Mountain immediately adjacent to the gondola. The North of Nell is located within the
Commercial Lodge zone district and is operated as a tourist accommodations facility with
commercial uses on the ground floor. The North of Nell has been operated as a tourist
accommodations facility since it was developed in 1968.
I have managed the North of Nell Condominiums since 1994 and am onsite five to six days a
week. Condominium units 3K and 4K have been rented exclusively as tourist accommodations
and have not been occupied by full time residents while I have managed the North of Nell. I
have spoken with Don Helmich and Charlie Hopton who managed the North of Nell prior to me.
Don and Charlie assured me that units 3K and 4K were never occupied on a long term basis
during basis while they managed the North of Nell. Additionally, as indicated in Charlie's letter,
the owners of units 3K and 4K had their units in the short term rental program prior to him
taking over management of the North of Nell.
Vance Grenko managed the North of Nell from 1968 until 1980. Unfortunately, Vance has
passed away, however my North of Nell records do not indicate that units 3K and 4K were
occupied on a long term basis when Vance managed the facility.
You may reach at 925 1510 or joe@northofnell.comat if you have any questions regarding units
3K and 4K.
Sincerely,
North of Nell Condominiums
Joseph Raczak, Manager
555 East Durant St. Aspen, CO 8161 1
970.925.1510 970.925 1550 : f 800.48 1.15 10
www. northofne!I.com
0 0
ATTACHMENT 9-
Charles Hopton
149 East Lupine Drive
Aspen, Colorado 81611
June 23, 2019
Jennifer Phelan AICP
City of Aspen
Community Development Department
130 South Galena Street
Aspen, Colorado 81611
RE: North of Nell Condominium Units 3K & 4K
Dear Jennifer:
I managed the North of Nell Condominiums from 1980 until 1986. Condominium units 3K and
4K were rented exclusively as tourist accommodations and were not occupied by full time
residents while I managed the North of Nell. When I took over management of the North of Nell
3K was owned by the Greggs and 4K was owned by the Farvers. Both families had their units in
the short term rental program and continued to do so while I managed the building.
You may call me at 319-7900 or send me an email at hoptonkkazakh.com if you have any
questions regarding units 3K and 4K.
Sincerely,
/J-\
Charles Hopton
0
OrTACHMENT 10
June 20, 2019
Donald Helmick
4006 County RoadY 115
Glenwood springs, CO 81601
Jennifer Phelan AICP
City of Aspen
Community Development Department
130 South Galena Street
Aspen, Colorado 81611
RE: North of Nell Condominium Units 3K & 4K
Dear Jennifer:
I managed the North of Nell Condominiums from 1986 until 1994. Condominium units 3K and
4K were rented exclusively as tourist accommodations and were not occupied by full time
residents while I managed the North of Nell.
You may reach me via email at dlhelznich(sooris.net if you have any questions regarding units
3K and 4K.
Sincerely,
Donald Helmich
0
stewart title
Real partners. Real possibilities.'
ATTACHMENT 11
WRITTEN OWNERSHIP AND ENCUMBRANCE REPORT
File No.: 463305 Date: June 24, 2019
Customer Reference: 555 E Durant Avenue, Unit 4K, Aspen, CO 81611
Legal Description:
Condominium Unit 4-K,
NORTH OF NELL CONDOMINIUMS,
according to the Condominium Map thereof recorded December 3, 1968 in Plat Book 3 at Page 329 as
Reception No. 133194, and as defined and described in the Condominium Declaration for the North of
Nell Condominiums recorded December 3, 1968 in Book 237 at Page 674 as Reception No. 133195 and
Supplement recorded May 15, 1969 in Book 241 at Page 97 as Reception No. 135404 and Second
Supplement recorded October 22, 2009 as Reception No. 563856.
COUNTY OF PITKIN, STATE OF COLORADO
Apparent Owner of Record: Daniel Zeff
Deeds of Trust, Mortgages and Liens which purport to affect the above described property, as
disclosed by the records of the Clerk and Recorder of Pitkin County, Colorado, through the
effective date of June 13, 2019:
A Deed of Trust executed by Daniel Zeff, to the Public Trustee, to secure an indebtedness of $368,000.00
in favor of Goldwater Bank recorded November 6, 2012, as Reception No. 593742.
NOTE: Assignment of Deed of Trust recorded December 10, 2012, as Reception No. 594641
A Deed of Trust executed by Daniel Zeff, to the Public Trustee, to secure an indebtedness of $368,000.00
in favor of Goldwater Bank NA recorded December 27, 2012, as Reception No. 595397. (Rerecord of
Deed of Trust recorded as Reception No. 593742)
Mortgage from Daniel Zeff and Daniel Alden Zeff in favor of Lincoln Savings Bank, in the amount of
$1,250,000.00, recorded December 13, 2016 as Reception No. 634595.
Warranty Deed recorded January 31, 2000, as Reception No. 440015
The liability of Stewart Title Company, its affiliates and associates, for any errors or omissions affecting or
relating to the information appearing in this report is strictly limited to the amount paid for this report. The
aforementioned liability is limited to the customer who ordered this report. There are no expressed or
implied warranties assuring or representing that this report is reliable for title information, and therefore,
should be verified by a Commitment for Title Insurance.
No representation is made as to the completeness, validity, or legal sufficiency of the documents
referenced herein, nor have any of such documents been examined to determine whether or not there are
any exceptions, reservations, encumbrances or other matters which might be detrimental to Title.
No search has been made for any reservations, restrictions, covenants, easements, rights of way, mineral
interests, water rights, and any other encumbrances which are not a deed of trust, mortgage or lien.
Stewart Title Company
File No.: 463305 Page 1 of 2
0 0
ATTACHMENT 11
stewart title
Real partners. Real possibilities`
WRITTEN OWNERSHIP AND ENCUMBRANCE REPORT
File No.: 463281 Date: June 24, 2019
Customer Reference: 555 E Durant Avenue, Unit 3K, Aspen, CO 81611
Legal Description:
Condominium Unit 3-K,
NORTH OF NELL CONDOMINIUMS,
according to the Condominium Map thereof recorded December 3, 1968 in Plat Book 3 at Page 329 as
Reception No. 133194, and as defined and described in the Condominium Declaration for the North of
Nell Condominiums recorded December 3, 1968 in Book 237 at Page 674 as Reception No. 133195 and
Supplement recorded May 15, 1969 in Book 241 at Page 97 as Reception No. 135404 and Second
Supplement recorded October 22, 2009 as Reception No. 563856.
COUNTY OF PITKIN, STATE OF COLORADO
Apparent Owner of Record: Daniel A. Zeff
Deeds of Trust, Mortgages and Liens which purport to affect the above described property, as
disclosed by the records of the Clerk and Recorder of Pitkin County, Colorado, through the
effective date of June 13, 2019:
A Deed of Trust executed by Daniel A. Zeff, Daniel Zeff and Robert Zeff, to the Public Trustee, to secure
an indebtedness of $820,000.00 in favor of Lincoln Savings Bank recorded December 15, 2014, as
Reception No. 616033.
NOTE: Said Deed of Trust was modified as Receotion No. 634594.
Warranty Deed recorded September 21, 2004, as Reception No. 502204.
Warranty Deed recorded September 21, 2004, as Reception No. 502202.
The liability of Stewart Title Company, its affiliates and associates, for any errors or omissions affecting or
relating to the information appearing in this report is strictly limited to the amount paid for this report. The
aforementioned liability is limited to the customer who ordered this report. There are no expressed or
implied warranties assuring or representing that this report is reliable for title information, and therefore,
should be verified by a Commitment for Title Insurance.
No representation is made as to the completeness, validity, or legal sufficiency of the documents
referenced herein, nor have any of such documents been examined to determine whether or not there are
any exceptions, reservations, encumbrances or other matters which might be detrimental to Title.
No search has been made for any reservations, restrictions, covenants, easements, rights of way, mineral
interests, water rights, and any other encumbrances which are not a deed of trust, mortgage or lien.
Stewart Title Company
Kurt Beereboom
Authorized Representative
File No.: 463281 Page 1 of 2
ATTACHMENT 12
Agreement to Pay Application Fees
An agreement between the City of Aspen ("City") and
5 5 5-r �� r� r` r V r� 1 r5 �,+�{ i-� Please type or print in all caps
Address of Property
Property Owner Name- .n 2 F Representative Name (�t d�Herent from Property owner)
Billing Name Name and Address - Send Bills to:
TOE di�.�Z�('C� NU/T"ciF NQ(f SS 5" D,rv/�'t~
Contact info for billing: e-mail: 1\/ A Phone: -!I-10 '" 1:571 -2- 5 — 1513
I understand that the City has adopted, via Ordinance No. 30, Series of 2017, review fees for Land Use applications and
payment of these fees is a condition precedent to determining application completeness. I understand that as the property
owner that I am responsible for paying all fees for this development application.
For flat fees and referral fees: I agree to pay the following fees for the services indicated. I understand that these flat fees are
non-refundable.
$, at fee for
$. flat fee for
$. flat fee for
$. flat fee for
For Deposit cases only: The City and I understand that because of the size, nature or scope of the proposed project, it is not
possible at this time to know the full extent or total costs involved in processing the application. I understand that additional
costs over and above the deposit may accrue. 1 understand and agree that it is Impracticable for City staff to complete
processing, review and presentation of sufficient Information to enable legally required findings to be made for project
consideration, unless invoices are paid in full.
The City and I understand and agree that invoices mailed by the City to the above listed billing address and not returned to
the City shall be considered by the City as being received by me. I agree to remit payment within 30 days of presentation of
an invoice by the City for such services.
I have read, understood, and agree to the Land Use Review Fee Policy including consequences for no -payment. I agree to pay
the following initial deposit amounts for the specified hours of staff time. I understand that payment of a deposit does not
render and application complete or compliant with approval criteria. If actual recorded costs exceed the initial deposit, I
agree to pay additional monthly billings to the City to reimburse the City for the processing of my application at the hourly
rates hereinafter stated.
$ eCD-LJP deposit for hours of Community Development Department staff time. Additional time
above the deposit amount will be billed at $325.00 per hour.
$ ' v r ' deposit for V 1 7 —hours of Engineering Department staff time. Additional time above the
deposit amount will be billed at $325.00 per hour
City of Aspen:
Jessica Garrow, AICP
Community Development Director
City Use:
Fees Due: $ Received $
Case #
Signature:
PRINT Name:
Title: ►'le- i
November 2017 City of Aspen 1 130 S. Galena St. 1 (970) 920 S090
• ATTACH NOT 13
Homeowner Association Compliance Policy
All land use applications within the City of Aspen are required to include a Homeowner Association
Compliance Form (this form) certifying the scope of work included in the land use application complies
with all applicable covenants and homeowner association policies. The certification must be signed by
the_Prooerty owner or Attorney representing the property owner.
Name:
Property l�u �� Cf.
Owner ("I"Y Email: Phone No.: x c
Address of
Property:
(subject of
application),
I certify as follows: (pick one)
❑ This property is not subject to a homeowners association or other form of private covenant.
❑ This property is subject to a homeowners association or private covenant and the improvements
proposed in this land use application do not require approval by the homeowners association or
covenant beneficiary.
X
' This is subject to a homeowners association or private covenant and the improvements
property J
proposed in this land use application have been approved by the homeowners association or
covenant beneficiary.
I understand this policy and I understand the City of Aspen does not interpret, enforce, or manage the
applicability, meaning or effect of private covenants or homeowner association rules or bylaws. I
understand that this document is a public document.
Owner signature: date: xL % /
Owner printed name: A ki t e J z �..
or,
Attorney signature:
Attorney printed name:
date:
*ACHMENT 14
LAND USE APPLICATION
Project Name and Address: � S G- r� ✓` T N �r� �� ( �„-,� -Z t
Parcel ID # (REQUIRED) 2—J i?Z— y6( —`.) I
APPLICANT:
Name: -��� R—( �� F F �5 S r�1 /'rv� 1--i IC_ t\J Ny
Address: llu I
Phone #: I I (� �� �'�� email:
n, e\ 'ZQ 'Fir ms \1(.1.1ou L�
REPRESENTIVATIVE:
Name: &I I s %J.-f, -T-- r,,t .
Address: 2 l �� �'� 0/.," (^ � /�� T - L ug /�� /sr\ C— l �S � [� 1
Phone#: G Z 5' S email: H,3 (/� �J iJ
Description: Existing and Proposed Conditions
Review: Administrative or Board Review
Required Land Use Review(s):
Growth Management Quota System (GMQS) required fields:
Net Leasable square footage Lodge Pillows Free Market dwelling units
Affordable Housing dwelling units Essential Public Facility square footage
Have included the following? FEES DUE: $
Conference Summary
&e-Application
ed Fee Agreement
H��v A Compliance form
All items listed in checklist on PreApplication Conference Summary
LON
*TACHMENT 15
DIMENSIONAL REQUIREMENTS FORM
Complete only if required by the PreApplication checklist
Project and Location of t�fiy r `"� �"4k
Applicant: \ /G. ►'` -e-
Zone District: Gi- I fJ Gross Lot Area:
Net Lot Area:
"Please refer to section 26.575.020 for information on how to calculate Net Lot Area
Please fill out all relevant dimensions
Single Family and Duplex Residential
Multi -family Residential
Existing
Allowed Proposed
1) Floor Area (square feet) y.
5 T 1) Number of Units
2) Maximum Height
2) Parcel Density (see 26.710.090.C.10)
3) Front Setback
3) FAR (Floor Area Ratio)
4) Rear Setback
4) Floor Area (square feet)
5) Side Setbacks
4) Maximum Height
6) Combined Side Setbacks
5) Front Setback
7) % Site Coverage
6) Rear Setback
8) Minimum distance between buildings
7) Side Setbacks
Proposed % of demolition
Proposed % of demolition
Commercial
Proposed Uses
1) FAR (Floor Area Ratio)
2) Floor Area (square feet)
3) Maximum Height
4) Off -Street Parking Spaces
5) Second Tier (square feet)
6) Pedestrian Amenity (square feet)
Proposed %of demolition
Existing Allowed Proposed
Lodge I C _;� , %&^-e f ` & - \ %-^
_ Additional Use(s)
Existing Allowed Proposed
Existing
Allowed
Proposed
1) FAR (Floor Area Ratio)
-Z . ZI '
I ? -,2,1 (
-!y ,Zf • i
2) Floor Area (square feet)
S4
3) Maximum Height2�Crj
i J it
3K i 3
'�5 S
4) Free Market Resi (square feet)
L
t r
D Z
4) Front setback
U
r�
5) Rear setback
G
6) Side setbacks
7) Off -Street Parking Spaces
G. I (I, 1
I
8) Pedestrian Amenity (square feet)
v
v
Proposed % of demolition
��
tw
l t T'1 ca -•
Existing non -conformities or encroachments:
Variations requested:
V
November 2017 City of Aspen 1 130 S. Galena St. 1 (970) 920 5090