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HomeMy WebLinkAboutFile Documents.617 E Cooper Ave.0047-2023-BCHO (2) IIII III IIIIIIIIIIIIIIIIIIIIIIIIIII IIIIIIIIIIIIIIIH1111llllll11111111 RECEPTION#: 694717, R: $23.00, D: $0.00 DOC CODE: APPROVAL Pg 1 of 3, 05/03/2023 at 01:44:31 PM Ingrid K. Grueter, Pitkin County, CO NOTICE OF APPROVAL FOR A GROWTH MANAGEMENT QUOTA SYSTEM EXEMPTION OF LAND USE CODE 26.470.100.D,.DEMOLITION OR REDEVELOPMENT OF MULTI- FAMILY HOUSING,AND APPROVAL OF THE COMBINATION OF UNITS ON THE PROPERTY COMMONLY DESCRIBED AS UNIT 207 AND UNIT 208, ASPEN SQUARE CONDOMINIUM HOTEL,AND LEGALLY DESCRIBED AS 617 EAST COOPER STREET,ASPEN SQUARE CONDOMINIUM, UNIT 207 and UNIT 208, COUNTY OF PITKIN,STATE OF COLORADO. Parcel ID No.2737-18-2-43-103 AND Parcel ID No.2737-18-2-43-104 APPLICANT: DPG Investment Properties,LLC 120 East Hyman Ave Aspen, CO 81611 REPRESENTATIVE: Anne Grice 408 ABC, Suite 201 Aspen, CO 81611 SUBJECT&SITE OF EXEMPTION: The applicant has requested a GMQS Exemption for a Demolition or redevelopment of multi-family housing, Section 26.470.100.D. The subject property is at 617 East Cooper Street, commonly described as Aspen Square Condominium Hotel, unit 207 and unit 208. SUMMARY: The applicant requests a GMQS exemption to combine two residential multi-family units at the Aspen Square Condominium Hotel. Typically, this scope of work would trigger a GMQS Review under Section 26.470.100.D,Demolition or redevelopment of multi-family housing. Section 26.470.100.D,Demolition or redevelopment of multi-family housing,includes the provision that the combining, demolition, conversion, or redevelopment of multi-family housing shall be approved,approved with condition,or denied by the Planning and Zoning Commission and that the development must provide mitigation in the form of affordable housing unless the subject dwelling units qualify for an exemption from the GMQS review. This section of the Land Use Code contains a list of exemptions from the affordable housing mitigation provision. The applicant is pursuing the following exemption for the combining of unit's 207 and 208: 26.470.100.D.8.c, Exemptions: RECEIVED Page 1 0025/1 9/2 0 2 3 ASPEN BUILDING DEPARTMEN'" "c. The demolition, combining, conversion, replacement, or redevelopment of Multi-Family Housing Units which have been used exclusively as tourist accommodations or by non-working residents. The Community Development Director may require occupancy records, leases, affidavits, or other documentation to the satisfaction of the Director to demonstrate that the unit(s) has never housed a working resident. All other requirements of this Title shall still apply including zoning, growth management, and building codes. " The Aspen Square Condominium Hotel is a mixed-use property located in the Commercial Lodge (CL) zone district. The zone district allows for "high-occupancy lodging development"in traditional hotel units,as well as multi-family residential units. The applicant has submitted documents,included as Exhibits A and B, stating that neither unit 207 nor unit 208 has been used for anything other than tourist accommodations. These documents include letters from the Aspen Square Condominium Hotel General Manager, an affidavit signed by the previous and retired General Manager,and a notarized occupancy report for both units. Due to numerous software transitions, the current General Manager confirmed the most recent occupancy reports are from 2020 and Aspen Square Condominium Hotel does not have prior year reports archived. Another requirement that needs to be considered for this conversion is the net livable area of the new and larger unit once the two units have been merged. In the CL zone district, the maximum unit size in net livable square feet is 1,500. Proposed plans, included as Exhibit C, show that unit 207 is 478 square feet and unit 208 is 493 square feet. The applicant has stated that after the conversion takes place, the total net livable area will be 971 square feet, which is within the allowable floor area. STAFF EVALUATION: In reviewing this application, Staff first analyzed the evidence establishing proof that at no point did a working resident occupy these units.The application includes a title certificate, warranty deed, tax record, land title, notarized letter from the general manager, notarized letter from the previous and retired general manager, and site plans. Staff found this information insufficient,and the applicant then submitted occupancy records for both units from the previous two years with a note from the general manager explaining the change in systems resulting in the loss of occupancy records from previous years. Staff believes that this additional information provides a reasonable basis to approve the GMQS exemption for the proposal at Aspen Square Condominium Hotel. Additionally, Staff reviewed the submitted floor plans and determined that the combined net livable area is 971 square feet which does not exceed the maximum allowable amount of 1,500 square feet. This approval does not negate the requirement to obtain a building permit and the applicant shall do so prior to any commencement of work on the property. DECISION: The Community Development Director finds the GMQS Multi-Family Replacement Exemption for the combining of two multi-family units, unit 207 and unit 208, atat �' IVEt� Page 2o0c$/19/2023 ASPEN BUILDING DEPARTMENT it Aspen Square Condominium Hotel as noted above meets the requirements as described in the Land Use Code,and thereby APPROVES the request. The approved exemption to 617 E. Cooper Street, unit 207 and unit 208, allows for the combining of units without the incorporation of Multi-Family Replacement affordable housing mitigation. The applicant is required to obtain a building permit to legalize all improvements. APPROVED BY: „---- — 5/7/73 k it i Sup o Date Director of 6mmunity Development Attachments: Exhibit A—Affidavit from Aspen Square Condominium Hotel General Manager(Not Recorded) Exhibit B—Occupancy Records(Not Recorded) Exhibit C—Existing and Proposed Floor Plans (Not Recorded) • RECEIVED Page 3 o025/19/2023 ASPEN BUILDING DEPARTMEN!'