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Home My WebLink Aboutcoa.lu.ca.210 S Galena St.0067.2014.aslu5/0 0067.2014. ASLU DOCUMENTATION r u C� 0 0 7Lj THE CITY OF ASPEN City of Aspen Community Development Department CASE NUMBER PARCEL ID NUMBERS PROJECT ADDRESS PLANNER CASE DESCRIPTION REPRESENTATIVE DATE OF FINAL ACTION 0067.2014.ASLU N/A (INTERPRETATION) 510 E HYMAN AVE JENNIFER PHELAN LAND USE INTERPRETATION STAN CLAUSEN 09/18/2014 CLOSED BY ROBERT GREGOR ON: 05/22/2015 c)o 7- ff �- Permits File edit Record Navigate Form Reports Format Tab Help lump Plain Custom Fields Routing Status Fee Summary actions Routing History o Permit type aslu ;Aspen Land Use Permit ? 00612014.ASLU N Address 1510 E HYIMJ ApVSuite 0 City ASPEN State FCO-7 Zip 81611 Permit Information -�T Master permit Routing queue aslu07 Applied 08?22,12014 F Z Project Status (pending I ;approved �1 N Description 'APPLICATION FOR CODE INTERPRETATION FOR THE ELKS BUILDING wed Closed/Final Submitted ISTAND CLAUSEN 925 2323 Clock Running pays I 0 Wes08l17l2015 Ovmer Last name JELKS LODGE r 224 First name510 F- E HYW4 AVE Phone !) Address ALL SUITES ASPEN CO 81611 Applicant ❑ Owner is applicant? ❑ Contractor is applicant? Last name STAN CLAUS014 ASSOCIATE First name Phone f 1 Cust = 126266 1Aridra Lender Last name First name I Phone Address Displays the permit applicant's address AspenGold5 (server angelas -1 of 1 was . E • CITY OF ASPEN COMMUNITY DEVELOPMENT DEPARTMENT LAND USE DETERMINATION JURISDICTION: City of Aspen APPLICABLE CODE SECTIONS: 26.104.100, Definitions 26.308, Vested Property Rights 26.480.050 (A), Condominiumization 26.575.020, Calculations and Measurements EFFECTIVE DATE: September 18, 2014 WRITTEN BY: Jennifer Phelan, Deputy Planning Director APPROVED BY: /OwChris Bendon, Community Development Director SUMMARY Staff has recently fielded an inquiry with regard to the building commonly known as 210 S. Galena Street. The inquiry seeks clarification of the existing net leasable area and floor area within the building, whether the building is considered a mixed -use building, and whether non - unit space exists within the building. Specifically, the inquiry is in relation to the existing condominium plat for the property and the applicability of current allowances and limitations of the land use code as they relate to the entitlements approved in 1990 for the property. The second floor of the building contains a number of commercial suites. The owners are interested in converting an existing common hallway on the second floor of the building into part of an office. The Community Development Director has initiated the Determination. PURPOSE The purpose of this Determination is to confirm the applicability of the city's land use code, as currently stated and as may be amended from time to time, to the property in relation to the condominium plat that was approved by the city in 1990 and recorded shortly thereafter. APPLICABILITY OF CURRENT CODES As noted under Subsection 26.480.050 (A), Condominiumization, the act of condominiumization is a form of subdivision. Specifically, "condominiumization shall be limited to allocating ownership interests of a single parcel and shall not effect a division of the parcel into multiple lots, an aggregation of the parcel with other lands, a change in use of the property, and shall not operate as an abatement of other applicable regulations affecting the property' (emphasis added). Page 1 of 3 Chapter 26.308, Vested Property Rights, discusses the expiration of vested rights and states that a vested property right expires after the third anniversary of an approval and notes that after the anniversary, a site specific development plan "shall be subject to any changes in the Land Use Code that have been adopted since the development's original approval" (emphasis added). A subdivision exemption (for condominiumization) was granted via Ordinance No. 76 (Series of 1989) which permitted the filing of a condominium plat, which was accomplished. Ordinance No. 76 did not approve any other land use actions or requests. The approval did not vest the property against future changes in the land use code, nor did a staff memo from 1989 or a pre - application conference summary from 2011 regarding a condominium plat amendment preclude the property from future requirements of the land use code. Mixed -use is defined as "the use of land or a structure for more than one (1) of the following land uses: Commercial, which shall include retail and restaurant uses, neighborhood commercial uses, office uses, service uses, service commercial industrial uses, food market and commercial parking facilities, but which shall exclude agricultural uses and artist studios; Residential, which shall include detached dwelling, attached dwelling, single-family dwelling, duplex dwelling, multi -family dwelling, manufactured home, free-market residence, affordable housing, employee housing, group home, dormitory, accessory dwelling unit and carriage house; Lodging, which shall include hotel, timeshare lodge and exempt timesharing, but shall exclude boardinghouse and bed and breakfast; Civic, which shall include arts, cultural and civic uses; child care center; essential public facilities; recreational use and public uses; but shall exclude open space, open use recreation site; and Accessory uses, temporary uses and the ownership of property by a nonprofit organization that is not used as set forth above shall not qualify a property or structure as mixed -use" (Emphasis in original). The land use code defines Arts, Cultural and Civic uses as "The use of land or buildings by nonprofit, arts, cultural, religious or public organizations such as a church, fraternal club, performing arts theater, library, museum and other similar purposes" (emphasis added). It also defines Commercial Use as "land or a structure intended to support offices, retail, warehousing, manufacturing, commercial recreation, restaurantibar or service oriented business, not including hotels or lodges" (emphasis added). Due to the presence of two of the four uses listed, the building qualifies as mixed -use. Downtown buildings often have a mix of uses within them such as commercial uses; arts, cultural and civic uses; residential uses; and lodging uses. The amount of any individual use, if permitted, is regulated by an overall Floor Area Ratio (FAR) for the lot and individual FAR caps per use. Shared circulation is considered Non -Unit Space and as defined by the Land Use Page 2 of 3 Code is "the floor area, considering all inclusions and exclusions as calculated herein, within a lodge, hotel, or mixed use building that is commonly shared" (See Section 26.104.100, emphasis added). Based on the definition, non -unit space is allocated between the different uses within a building when calculating Floor Area. DETERMINATION Ordinance No. 76 (Series of 1989) authorized the filing of a condominium plat. It did not approve extended statutory vested rights exempting the property from the applicability of future codes. Nor did it memorialize any dimensional standards for the property such as the existing floor area, net leasable area or non -unit space contained within the building. It simply created four saleable ownership interests of the property. The property is subject to the land use code, as amended from time to time and as may be amended in the future. This includes all definitions and methods for calculating floor area and net leasable area. The building is considered a mixed use building as it contains both commercial and civic uses within it, meeting the definition of mixed use. It also contains general circulation throughout the building, which is considered non -unit space according to the land use code. APPEAL OF DECISION As with any determination of the land use code by the Community Development Director, an applicant has the ability to appeal this decision to the Administrative Hearing Officer. 26.316.030(A) APPEAL PROCEDURES Any person with a right to appeal an adverse decision or determination shall initiate an appeal by filing a notice of appeal on a form prescribed by the Community Development Director. The notice of appeal shall be filed with the Community Development Director and with the City office or department rendering the decision or determination within fourteen (14) days of the date of the decision or determination being appealed. Failure to file such notice of appeal within the prescribed time shall constitute a waiver of any rights under this Title to appeal any decision or determination. Page 3 of 3 THE Cm of ASPEN Land Use Application Determination of Completeness Date: September 5, 2014 Dear City of Aspen Land Use Review Applicant, We have received your land use application and reviewed it for completeness. The case number and name assigned to this property is 0067.2014.ASLU- 510 E. Hyman Avenue. I will be the planner for the land use case. ❑ Your Land Use Application is incomplete: Please submit the following missing submission items so that we may begin reviewing your application. No review hearings will be scheduled until all of the submission contents listed above have been submitted and are to the satisfaction of the City of Aspen Planner reviewing the land use application. Your Land Use Application is complete: If there are not missing items listed above, then your application has been deemed complete to begin the land use review process. Other submission items may be requested throughout the review process as deemed necessary by the Community Development Department. Please contact me at 429-2759 if you have any questions. Th You, Deputy nnifer Phelan, y Planning Director City of Aspen, Community Development Department For Office Use Only: Mineral Rights Notice Required Yes Ng>!S� GMQS Allotments Yes No � Qualifying Applications: New SPA New PUD Subdivision, SPA, or PUD (creating more than 1 additional lot) Residential Affordable Housing Commercial E.P.F. Lodging bOCo?• 2-Ot4 1 • • STAN CLAUSON ASSOCIATES INC landscape architecture. planning. resort design lz North Mill Street Aspen, Colorado 81611 t. 0/ -z f. 70/ zo-16z8 4 P 97 z z3 95 39 9 info@scaplanning.com www.scaptanning.com 21 August 2014 Mr. Chris Bendon, AICP Community Development Director City of Aspen Community Development 130 S. Galena Street, 31d Floor Aspen, CO 81611 Re: Land Use Code Interpretation / Elks Building Dear Chris: . +t5L�LA RECEIVEI) AUG 2 1 pn,z CITY OFASP�,.=.MENT r� On behalf of our client, please accept this request for a Land Use Code Interpretation concerning the existing status of the B.P.O. E. Condominiums (the Elks Building). Specifically, we would like you to confirm the following: • With regards to net leasable and floor area, the recorded Final Plat of the Elks Building, recorded at Book 24, Page 26 (the "Final Plat"), in lieu of a Development Order, vested the creation and configuration of the units and thereby also vested the existing net leasable and floor area present in the condominium (Sec. 26.304.070.D); • The creation of suites and corridors that allow access to the suites has no effect on the pre-existing nature of the Elks Building net leasable and floor area, and only represents an ordering of the net leasable space which is available to be leased to a tenant and occupied for a commercial or office use (Sec. 26.104.100 - definition of Net Leasable); • No non -unit space has been created, nor can be created, as the Elks Building is not a mixed use building (Sec. 26.104.100 - Non -unit space); Background The Condominium Declaration for the Elks Building provides that the four (4) units of the Elks Building referenced in the Condominium Declarations directly correspond to the undemised four (4) floors of the building. Please see the Final Plat attached as Exhibit "A". While the four (4) units have been subsequently divided into "suites" and corridors added to access these suites, this activity never constituted the creation of "non -unit" space and rather represented an organization of existing commercial net leasable space. Please see the First Amendment to the B.P.O.E. Condominium Plat attached as Exhibit "B." Therefore, the full floor plates of the building are equivalent to the commercial net leasable space available to be rented in the building. For your information, Ordinance No. 76, Series of 1989 granted Subdivision Exemption for the condominiumization of the Elks Building. Non -unit space does not exist in the Elks Building, as none was provided for when the Elks Building was condominiumized and approved for Growth Management. Furthermore, the Elks Building is not a lodge, hotel, or mixed -use building and all uses contained in the building are commercial. Pursuant to the City of Aspen Land Use Code, non -unit space is defined as "the floor area, considering all inclusions and exclusions as calculated herein, within a lodge, hotel, or mixed use building that is commonly shared." (Sec. 26.104.100 - Non -unit space) All interior area of the Elks Building, no matter how it is organized, is correctly classified as Mr. Chris Bendon, AICP Community Development Land Use Code Interpretation / Elks Building a 21 August 2014 ' Page 2 commercial unit space available for leasing and the elimination or creation of suites or hallways serving various commercial spaces is not subject to review for any net leasable or floor area implications. Condominium Approval and Assessor Classification Ordinance No. 76, Series of 1989, attached as Exhibit "C," granted Subdivision Exemption for the condominiumization of the Elks Building. The Final Plat records the four (4) units of the building which directly correspond to the four (4) undemised floors of the building. (Our client's offices, located on second floor, are located within Unit 3 of the Condominium.) The Condominium Declarations for the Elks Building, recorded at reception number 323219, identifies in Exhibit A the four (4) commercial units as described on the Final Plat. Finally, the Pitkin County Assessor also provides that only four (4) units, corresponding to the four (4) floors, exist in the building. Previous Staff Determinations The following references to the Elks Building were found in the City of Aspen Land Use records which support our assertion that modifying the interior of the building has no impact on the calculation of net leasable area. These references include: A memorandum from Leslie Lamont, Community Development Planner to Bill Drueding, Zoning Officer, dated 24 October 1989 which reviews the Elks Club request seeking GMQS exemption for the enlargement of the Elks Building to provide for a new stair and elevator tower, attached as Exhibit "D." In connection with the GMQS exemption request, the Elks Club sought to reconfigure the existing interior spaces to accommodate the move of the Club to the third floor, all retail to the first floor, and all professional offices to the second floor, thereby delineating the various uses of the building. In a Community Development staff memorandum recommending support for the requested GMQS exemption, Ms. Lamont provided the following statement: "It is staff's determination that the rearrangement of uses within the building does not increase the net leasable square footage." It is clear from this statement that Ms. Lamont appreciated the fact that each floor was considered one unit and the reorganization of the suites that was contemplated at the time, which no doubt involved the modification of walls and corridors, did not need to consider the calculation of non -unit space and/or net leasable square footage. • A pre -application conference summary prepared by Drew Alexander, Planner, dated 31 March 2011, prepared in connection with an application for the revision of the existing condominium plat for the Elks Lodge Building to create suites in the building, attached as Exhibit "E". Drew provided that "the building is divided between four condominium "units," described as Units 1-4. These units correspond with each level of the building." "Within the units are suites, which are leased to an assortment of retail, office, restaurant, and night club uses." "By not condminiumizing the individual suites, future tenants may alter demising walls without triggering a 7 Mr. Chris Bendon, AICP 0 • 71 Community Development Land Use Code Interpretation / Elks Building 21 August 2014 Page 3 condo plat amendment each time." Please see the resulting First Amended B.P.O.E. Condominium Plat which is attached as Exhibit "B". Drew also correctly understood that the four floors of the building presented the four units of the condominium. Drew also understood and anticipated that by not including the suites in the condominium, future modifications could be made without triggering condo plat amendments each time. Similar to the recording of the First Amended Plat, we will voluntarily record an amended plat so that modifications to the suites can be understood at a later date. To provide additional context to the creation of the First Amended Plat, it should be pointed out that each page of the plat contains a note that refers to the level of the Elks Building being described and states that said floor consists of one of the condominium units of the Elk Building. The note continues to state, "Suites are not individual condominium units and are shown here on (sic) only to show the location of the suites within condominium unit (insert subject unit number). Chris Bendon, Director, provided Administrative Approval of this plat. Staff's Preliminary Determination Following a meeting with Jim Pomeroy on 13 August 2014 where we attempted to clarify that our client's proposed modification of a hallways in the Elks Building does not impact the vested, pre-existing, non -conforming net leasable in the building, Jim provided an email, attached as Exhibit "F," where Jim states: We would look at all space in a building in terms of how it is used and then fit it into a category within the Land Use Code. When the Elks converted net leasable space to hallway, they converted net leasable space to Non Unit Space per our definitions. If they wish to reconvert the space back to unit space, this is considered a change of use, and they have to follow the process for a change of use. They will need to calculate the maximum square footage for each use within the building, calculate the existing square footage for each use within the building. If the existing uses are not greater than the allowed amount for each use, the conversion could happen. The reasoning utilized in this email, which purportedly followed consultation with Jennifer Phelan, is fundamentally flawed. This position fails to take into account the following facts: 1. The Final Plat of the Elks Building clearly established four (4) units of the condominium that occupied the entire floor plate of each level of the Elks Building; 2. No non -unit space was ever created and each floor plate represents unit space which is available to be leased; 3. The recordation of the plat vested the layout and areas of the condominium units; and 4. As this is not a mixed use building, non -unit space cannot be created. We know of no basis in the code that would support Jim's assertion that net leasable space can automatically be reclassified to non -unit space despite a recorded condominium plat that demises the entire floor plat as a condominium unit. It is our understanding, that following your code interpretation, our client will be able to proceed with the proposed modifications to their suite and the corridors which access the 7 Mr. Chris Bendon, AICP* Community Development Land Use Code Interpretation / Elks Building l� 21 August 2014 Page 14 suite and that this action will not impact the existing status of the Elks Building net leasable and floor area as established on the Final Plat. Please call me with any questions. Very truly yours, Patrick S. Rawley, AICP, ASLA Stan Clauson Associates, Inc. Attachments: - City of Aspen L.U.C. Sec. 26.304.070.D - City of Aspen L.U.C. Sec. 26.104.100 - definition of Net Leasable - Exhibit "A" - Final Plat of the Elks Building, recorded at Book 24, Page 26 - Exhibit "B" - First Amendment to the B.P.O.E. Condominium Plat, recorded at Book 98, Page 19 - Exhibit "C" - Ordinance No. 76, Series of 1989 - Exhibit "D" - Lamont Memorandum, dated 24 October 1989 - Exhibit "E" - Alexander Pre -application Summary, dated 31 March 2011 - Exhibit "F" - Pomeroy email dated 13 August 2014 • • Exhibit A RECEIVED AUG 21 2014 CITY OF ASPEiv CMURTY NALOPMEN f AL.L.EY 5LCCF, 14 C � FSI VTIL? C5 N A. L�"1 � LI.[i]r�mlM) UT'f 1w.T'ER LM`C � H Y M A N I ^ V F— N J E 74S a wIVVS i Aline Surveys, Inc. Poet (Mica 80. 1730 39925 4888 81612 3 71 N r F1EC11CIC TKMK- FQtM19C l-o Tt-IE GTT ..��WJL V%W l4 bt9C3 �06k.- 2-q E/Ole Z F PLAT '� -:ltc B. P. 0. E. CONDOMINIUM A' TM CrA5FZN� VICINITY t4M' 5CA_E' I-Icoo ASPEN GIT+t CADLW-AL A V4t0VA1 Tr65 CIJhWMINIUM FLAT OF 7T/E 0. r O. E. 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OI.o' FIRST FLOOR i0 BASEMENT S'A AND STORAE � ❑ TEL R4fIN�STWAE NARAIL M ENGOA[wENT LICENSE T i i 5 15-O9'IIE OD i ORATE ARNI WvS F i Q QiER! � H ia—NNIaR ASPEN, P I TK � N COUNTY, COLORADO THE PURPOSE OF THIS PLAT IS TO AMEND THE CERTIFICATE OF DEDICATION AND OWNERSHIP FINAL PLAT OF THE B. P.O.E. CONDOMINIUM. KNOW ALL PERSON BY THESE PRESENTS THAT TIE YDERSIONED ELKS LODE ND 22+, ACTING AND THROUGH ITS MEMERf, BEING THE CWNEY OF THAT REAL RDIERtt OE9CAI BED A4 FOLLOWS: SITUATED ON `R 2 STORY T ENTRY fn STEPs MASONRY BUILDING GREASE N.i"T / RAPT g < : K L e�Pyy � g - o EIEC, METE GPS NKNUNENT I. IS. f' NO. 5 1. PPM 3 STORY 11501-I B'.;'_D:M � - I-LI---N' i g KITH BASEMENT � H/ i - 'T1E E'_KS BUI LOI Ap' ® w H I �15 SEAT ' TOAALDOO, L2.3.03 11. 1S CONIC 17 90.N' 190.2T' SETSR01N'RAIN FTARa PIP[ )tAo ♦1PiNEASLMED BLOCK COR. R 6.0 ACMNENT LICENSE ILNSE RIIELL K IN CONC , BOOK GPI AT PAGE 99( —IsooX 550' 4 —5TAI N 73.0 WIT 271.01' MEASURED CONC. 9164 IN DONC WIOF BEAM NO3 WALK BLOdc HER $-rREE ^' TREE ORATE TREE ORATE TREE gUTE GRATE n. rECT,ar sA III IH-DO Al SA'RN $WATER VALVE ® RATER VALVE EAST HYMAN AVENUE Y 74.60' A.D.R. OPf NGWUIENT NO. 2 LEGEND AND NOTES O FCUIO SURVEY IIONVENT AS DESCRIBED ❑ UTILITY BOX O FOUND "VEY IOIIVIEMT 25047 NO. 4 R I R/RED CAP STREET LIGHT TITLE INFORN.ATIW FURNISHED BY: STEaMT TITLE OF ASPEN, INC. OAE ORDER ND. 00023BIG OB/30/97 x OECDATA T If OUIX1TREE -10 FRONDRRIIGENMMAP 112AL CONDOIN, UN IN ELEVATIONPLAT BOOK T' 3.C.E. GENE Al. CANON ELEMENT _.C.E. LINI TED COMRON ELEMENT VICINITY MAP 1R.400' B.P.O.E. CONDOMINIUM, ACCORDING TOTHE CONDOMINIUM MAP RECORDED IN PLAT BOOK MAT PAGE 26 AND THE CONDOMINIUM .1 BY THESE PRESENTS t"D1YIDEp LAID PROPERTY INTO __Z CO/R 1AL -11. AND ONE PRIVATE UNIT AND THE COMMON ELEPIENTS APPURTENANt TO FAOIN A9 DEPICC7TEE0D AND ElOI10ED DM THIS FIRST AMEIDMENr TO J laWrE DECLARATION FOR THE B P O. E. CONDOMINIUM RECORDED IN 0.P D E. CONDOMI NIIAM. PLAMP T TO AND PU0.Pp!E9 SET FWIN IM TIE CO INN�D1 yFyL�RA��11 P E. I1D'R N I RECORDW N!D AS RLlIPMSIrNR.e c K % 900% 621 At PAGE 036 AMID SUPPLEMENTAL DECLARATION RECORDED 'HE OFFICE �D.F THEy qERK nNg REf3RDER DF rITR1N wLalA�o SL.�(a2MI+P�- •1 �Li� IN BOOK 633 AT PAGE 564, -�!� ElECl113 DAY of J6pLJ-HT.i'M. 2011. TT CITY OF ASPEN OWMEA: ELKS ND. COUNTY OF PITKIN STATE OF COLORADO`--i-- GARY WISi, STATE OF COLORADO I COUNTY W PITKIN I ' TIE FOREDDI NO CIRiJPIGTE AND CLAYEY�ML� RAB ACKNORET2G® SEFORE ME THIS 'Tn DAY OF { - A 2011, BT(�y-.s A7 �LLS'._4i.�_ DF B.P.O. E. OF ASPS _ ; RI TNES! MY HAM AND QFF ICIAI sm. i HIT•-NOTMY PUBLIC SURVEYOR'S CERTIFICATE JOIN HSNORTX A LICENSED COLORADO LAUD SURVEYOR IE#EBT CERTIFIES THAT TNIS FIRST AMENDMENT TO B.P O.E. CADOMINI US WAS PREPARED BY HE BASED ON A SURVEY PEAFSKM D OF EXISTING CONDITIONS OF THE HEREON DESCRIBED PROPERTY. IMPROVEMENTS SHOWN HEREON HERE FOUND TO BE LOCATED AS SMWN ON THIS CONDMINIUi NAP. THE LOCATION AND OIMR3M IONS OF TIE UNI T4 ARE ACCURATELY SHOWN ON THIS NAP AND THE NAP ACCURATELY AND SJB STNRIALLY DEPICTS TIE LOGTIM OF THE II AND THE UNIT DESIGNATIONS THEREOF ERROR OF CLOSURE /! LESS THAN A/15.000. AS1 SUR ENGI R3, 1N0. P 1, JOHN'I MS 25947 TiTLE CERTIFICATE THE In IONED, A DULY AUTHORIZED REPRESENTATIVE OF PITKIN COIRFTY TITLE INC REOULARLY GO NO BUS'. MESS IN PITXIX COUNTY Cq-ORA00, GOES NEREBY CERTIFY TNAT NNE PERSONS LISTED A9 ORNER4 ON THIS PLAT 00 HOLD FEE SIMPLE TITLE 10 HONE RI TNIN REAL PROPERTY, EPEE AM CLEAR OF ALL LIENS AND ENCUMBRANCES OF WORD. ALTHOUGH THE FACTSTRUE I AS ABSTRACT BTI 'TED METHIS AAM ITTI IR NOEIUItOODE AM AGREED TH�TI PITKINTCOUNT'CCIVATRUIED OF RE HDA I WtTA C.A ASSlR1E5 NOR RILL E CHARGID RITE ANY FINAA.�,� OBl1 GATIW OR LIA81L1 TV RNATSEYER .� ANY }TATEt£fU COMiTAINED HEREIN. PITKIN OXINTY TITLE, INC. 601 E. IOPKINS AVE. ASPEN, CO R.6L1 S IOMED� ' 3 I BY�� STATE Op COLORADO ; � ARY F1 " 9Y�+ Y.. COUNTY OF PITKIN I THE F E001 TI TI FIGTE WAS ACRNOYLEDEO BEFORE HE THIS DAY OF SW^F�, 2011, R`tANdI FIT'IFCOUITC T IN JE�50N ' L.rN.NS; �I �O ��` aM rALcR��B AN'MISTRATIV APPROVAL3L OF COMMUNITY DEVELOPMENT ^EDARTM_: ECTOR Y QED THITIESCFTYSOF COCOIRAINITY AS DEV'. BPMBITt OEPAAITMSENT PBURSUARTNYG W THE HRUNIRICSPACOKEA0F THEOR CITY OF ASPEN. CITY OF nB/ENy / OEI—PIENT OIAECOR APPROVAL (i.Li BY: CHRIS B IPECTO CITY OF AS N ENGINEER'S APPROV7CLR.cvtl—J TH MAP N BY THE CITY ENS NEER OF THE CITY OF ASPEN, CMORADD. SIGNED THIS Ian DAY OF P011 C l ES01 CLERK AND RECORDER'S CERTIFICATE THIS FIRITI■ST AMENDMENT TO I.P.O.E. talSR{ IS FILING PITIE OFFICE OF THE C iR P.H. FECORDEII COL �,4 O�tR1llAgDJyOE� 1 BA" OF 2011, IN PLAT BOOR AT AGE JACgNECE6T ELEVATIONS ROB M ER.P.o E. cDNooNI NItM. ACCOR01 Na TO THE CONDOMINIUM FM TIIERFOF RECORDED IN RAT SOON 24 AT PAE 26, RECEPTIONS: 5N/26, 0RRl12011 RR 11:47:12 AM, 1 OF 5, R S51.00 Janie: IL VoS Ca1N1N, PNNIM COU111Y. CO PLAT M 99 PG 19 AMENDED B. P.O.E. CONDOMINIUM COUNTY OF PITKIN, STATE OF COL( PREPARED BT Mitt i INDEX ASPIRIN SUBVERT ING [NSIRS, INC. c III) SOUTH GALENA STREET SWEET I SITE SURVEY :EAT'. F,CATES, VICINITY HAP, ELEVATIONS ASPEN, COLORADO 91611 • SWEET 2 BASEMBIT FLIIGF SHEET 3 FIRST OW PHONE/FAX 19701 925-3816 FL SHEET 4 SEEgDFLOM DATE JOB SHEET I OF: 5 0411. 27247 • 0 5 10 SCALI&: 1/4'.1' FIRST AMENDED B.P,O.E. CONDOMINIUM PLAT BASEMENT FLOOR 1518 SHEET 2 OF 5 0 MWAW W SURVEY ENGINEERS, INC. 210 � tK9q:n Ef Asm, Comm 1411 wfe Iw osill 31saf FIRST AMENDED B.P.®.E. CONDOMINIUM PLAT FIRST FLOOR VIE?F21 CONDOMINIUM UNIT 2 CONTAINING: 5,516 SO FT -/- SHEET 3 OF 5 M1wP By VEY ENGINEERS, 'NC. ;OUT MIEN $TB EN, MOanoo #1011 mNEIF" cma, ns-se,a 'TE ws 'M 27247 • • 0 5 0 SCALE: 1/4•-1' a n wu w�rsH w'TH , M FIRST AMENDED E o P, ®o E o CONDOMINIUM PLAT SECOND FLOOR CONDOMINIUM UNIT 3 CONTAINING: 3,757 SO FT /- HALL ILIV. G.C.E. G.C.E. STAIRS G.C.E. ARE NOT INDIVIDUAL CONDOMINIUM UNITS AND ARE SHOWN HERE ON ONLY TO SHOW THE LOCATIONS OF THE SUITES WITHIN CONDOMINIUM UNIT •3. [*r4 iA � r pffl�Am By ASPEN SURVEY ENGINEERS, INC. 716 SOUTH OALBN STRIET ASM. COLORADO 61611 PHM/fAX 10701 975-3616 SHEET 4 OF 5 we JOB OOP 37667 7 S 0 SCALE: 1/4*-1' n FIRST AMENDED E , P o ®o E , C®ITTDOMIITTIUM PLAT THIRD FLOOR CONDOMINIUM UNIT 4 CONTAINING: 5,135 SO FT -/— HALL ELEV. G.C.E. G.C.E. STAIRS G.C.E. VT' i TtC 1' 1 FtJ f /�l'1C PVv O . r . V . C . ". ViVlIVi111V 1 um rLA 1 . JV 1 1 CJ ARE NOT INDIVIDUAL CONDOMINIUM UNITS AND ARE SHOWN HERE ON ONLY TO SHOW THE LOCATIONS OF THE SUITES WITHIN CONDOMINIUM UNIT 04. / i ,� / �lk MEIA11E9 9Y ASPEN SURVEY ENGINEERS, INC. 210 WUTN OALEIM MEET ASM, COLOWAN $/011 "mw/FA% 19ml 225-3/16 SHEET 5 OF 5 PATE Jos 93/II V247 Exhibit C Q, - -710 ORDINANCE NO. 76 �� " 1�- / t )( (SERIES OF 1989) AN ORDINANCE OF THE ASPEN CITY COUNCIL GRANTING SUBDIVISION EXEMPTION FOR THE CONDOMINIUMIZATION OF THE ELKS BUILDING WHEREAS, pursuant to Section 7-1007 of the Aspen Land Use Code, a Condominiumization is a Subdivision Exemption by the City Council; and WHEREAS, Edwin Erwin, the Trustee Chairman of the B.P.O. Elks No. 224, represented by John Kelly, has submitted an application for the Condominiumization of the Elks Building located at 210 South Galena Street; and WHEREAS, the Engineering Department, having reviewed the application has made referral comments; and WHEREAS, the Planning Office, having reviewed the application pursuant to Section 7-1007, and reviewing the w referral comments from Engineering, recommends approval with the following conditions: 1. The applicant shall file a plat to be reviewed and approved by the Engineering Department and the plat shall include but not be limited to: a) licensed encroachments (if not licensed than licensing should occur before final approvals); b) inside dimensions and ceiling heights and limited or general common elements; c) parking spaces and dumpster location; d) required certificates; 2. Prior to filing the final plat, the existing storm drainage system should be identified or a drywell shall be installed in the parking area for receiving roof drain discharges. 3. A 4x4 foot utility pedestal easement at the northeast corner of the property. WHEREAS, the Aspen City Council having considered the Planning Office's recommendations for Condominiumization does wish to grant the requested Subdivision Exemption for the Elks Building. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO: Section 1: That is does hereby grant a Subdivision Exemption for Condominiumization, with the previously mentioned conditions recommended by the Planning Office, to the Elks Building at 210 South Galena Street, Block 93, Lots K & L. Section 2• That the City Clerk be and hereby is directed, upon the adoption of this ordinance, to record a copy of this ordinance in the office of the Pitkin County Clerk and Recorder. Section 3: If any section, subsection, sentence, clause, phrase or portion of this ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such provision and such holding shall not affect the validity of the remaining portions thereof. 2 Section 4• Nothing in this ordinance shall be construed to affect any right, duty or liability under any ordinance in effect prior to the effective date of this ordinance, and the same shall be continued and concluded under such prior ordinances. Section 5• A public hearing on the Ordinance shall be held on the day of/ 19� at 5:00 P.M. in the City Council Chambers, Aspen City Hall, Aspen Colorado, fifteen (15) days prior -to which hearing a public notice of the same shall be published one in a newspaper of general circulation within the City of Aspen. INTRODUCED, READ AND ORDERED PUBLISHED as provided by law, by the City Council of the City of Aspen on the / day of 1989. William L. Stirling, Ma r ATT ST: Kathryn . Koch, City Clerk FINALLY, adopted, passed and approved this day of 90 1910. William L. tirling, Mayor ATTEST: 429:�4_=� Kathryn s/ Koch, City Clerk 11/cc.elks.ord 3 -- - Exhibit D MEMORANDUM TO: Bill Drueding, Zoning Officer FROM: Leslie Lamont, Plann; RE: Elks Building GMQS Exemption DATE: October 24, 1989 SUMMARY: The applicant seeks a GMQS exemption - for the enlargement of an Historic Landmark. The Elks propose to add a new approximately 864 square foot stair and elevator tower. The Club also intends to reconfigure the existing interior spaces by moving all the Elks functions to the third floor, all Professional offices to the second floor, all retail to the first floor, and all storage for the club and retail uses in the basement. FINDINGS: Pursuant to Section 8-104 the Planning Director may exempt an enlargement of an Historic Landmark intended to be used as a commercial or office development which increases either the building's existing floor area ratio or its net leasable square footage, but does not increase both. It is staff's determination that the rearrangement of uses within the building does not increase the net leasable square footage. The addition of the elevator and stair tower does represent an increase in floor area by 864 square feet. The elevator is necessary for club functions that are being moved to the third floor. The Elks building is already over the height limit of the CC zone. It is recommended that the elevator tower not exceed the roof line. The conceptual development review of this addition to the Elks building is being reviewed by the Historic preservation Committee at their November 8, 1989 meeting. RECOMMENDATION: Staff recommends GMQS Exemption for the approximately 864 square foot elevator and stair tower, subject to HPC review, with the condition that any addition shall not exceed the roof line. I hereby approve the GMQS Exemption pursuant to Section 8-104 1(b) of the As n Land Use Code. y rgerum, nning Director Exhibit E CITY OF ASPEN PRE -APPLICATION CONFERENCE SUMMARY PLANNER: Drew Alexander, 429.2739 �� 1" � v,, PROJECT: 510 E. Hyman Ave., The Elks Lodge, Condominiumization K� t 0 APPLICANT: The Benevolent and Protective Order of Elks (B.P.O.E) REPRESENTATIVE: John Kelly, 618.3538 ' :' ' 1 6 20N CITY Or ASPEN DESCRIPTION: COMMUNITY DEVELOPMENT The prospective Applicant is pursuing a revision to the existing Condominiumization plat for the Elks Lodge Building, located at 510 E. Hyman Ave. The Elks (B.P.O.E) are the sole proprietor of the building, but have the property condominiumized for the purpose of simplifying leases. The building is divided between four condominium "units," described as Units 1 — 4. These units correspond with each level of the building (Unit 1 is the basement, Unit 2 is the ground level, and so forth), Within the units are suites, which are leased to an assortment of retail, office, restaurant and night club uses. By not condominiumzing the individual suites, future tenants may alter demising walls without triggering a condo plat amendment each time. The proposed condo plat amendment will update the interior measurements of the suites, and of the units themselves. Doing so will give the B.P.O.E more assurance in their lease agreements. Condominiumization is an administrative review, No public noticing is required. Below is a link to the Land Use Code and Land Use Application for your convenience. Land Use Code hftp:llwww,aspenpitkin.comlDepartmentslCommunity-DevelopmenUPlanning-and-Zoning(f itle-26-Land-Use- Code/ Land Use Application hftp://www. aspenpitki n.com/Portals/0/does/City/ComdevlApps%20and %2OFees/I and useappform. pdf Land Use Code Section(s) 26.304 Common Development Review Procedures 26.480.090 Condominiumization Review by: - Staff for complete application - Case planner for determiniation Public Hearing: Not required Copies of Application: 2 Copies Includes appropriate drawings for board review (HPC = 12; PZ = 10; CC = 7; Referral Agencies = 1/ea.; Planning Staff = 2), Planning Fees: $735 (This includes three hours of staff review time. Additional planning hours over deposit amount are billed at a rate of $245/hour) Total Deposit: $735 • • To apply, submit the following information: 1. Total deposit for review of the application, 2. Proof of ownership. 3. Completed Land Use Application Form. 4. A signed fee agreement. 5. A Pre -Application Conference Summary. 6. A letter signed by the applicant, with the applicant's name, address and telephone number in a letter signed by the applicant, which states the name, address and telephone number of the representative authorized to act on behalf of the applicant. Street address and legal description of the parcel on which development is proposed to occur, consisting of a current certificate from a title insurance company, or attorney licensed to practice in the State of Colorado, listing the names of all owners of the property, and all mortgages, judgments, liens, easements, contracts and agreements affecting the parcel, and demonstrating the owner's right to apply for the Development Application. 8. An 81/2" by 11" vicinity map locating the parcel within the City of Aspen. 9. A written description of the proposal and an explanation in written, graphic, or model form of how the proposal complies with the review standards relevant to the development application. Please include existing conditions as well as proposed. Please provide a written response to all applicable criteria. 10. A condominium subdivision exemption plat drawn with permanent ink on reproducible mylar. Sheet size shall be 24" x 36" with an unencumbered margin of one and a half inches on the left hand side of the sheet and a one-half inch margin around the other three sides of the sheet. 11. 2 Copies of the complete application packet and maps. 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. • 9 Exhibit F Patrick Rawley From: Jim Pomeroy <jim.pomeroy@cityofaspen.com> Sent: Wednesday, August 13, 2014 11:09 AM To: Patrick Rawley Cc: Jennifer Phelan; Amy Simon Subject: Elks Building Hi Patrick, I took this issue to Jennifer, and basically our answer has not changed. Condominiumization is simply a form of ownership. While we are signatories to plats, that does not dictate how we judge spaces in terms of use. We would look at all space in a building in terms of how it is used and then fit it into a category within the Land Use Code. When the Elks converted net leasable space to hallway, they converted net leasable space to Non Unit Space per our definitions. If they wish to reconvert the space back to unit space, this is considered a change of use, and they have to follow the process for a change of use. They will need to calculate the maximum square footage for each use within the building, calculate the existing square footage for each use within the building. If the existing uses are not greater than the allowed amount for each use, the conversion could happen. There could be mitigation involved with the conversion, but I believe they would probably be able to show this as being exempt. The bottom line, however, is that, to convert the space, the work will need to be done to show that it can be converted. Respectfully, Jim Pomeroy Zoning Officer Community Development Department City of Aspen 970-429-2745 jim.pomeroy@cityofaspen.com *Please note that I have a new email address — jim.pomeroy@cityofaspen.com Notice and Disclaimer: This message is intended only for the individual or entity to which it is addressed and may contain information that is confidential and exempt from disclosure pursuant to applicable law. If you are not the intended recipient, please reply to the sender that you have received the message in error and then delete it. Further, the information or opinions contained in this email are advisory in nature only and are not binding on the City of Aspen. If applicable, the information and opinions contain in the email are based on current zoning, which is subject to change in the future, and upon factual representations that may or may not be accurate. The opinions and information contained herein do not create a legal or vested right or any claim of detrimental reliance.