HomeMy WebLinkAboutcoa.lu.ec.410-414 N Mill St-Andrews Mcfarlin.1982
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MEMORANDUM
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"ASPEN / PITKIN CO.
PlANNING OFFICE
DATE: February 18, 1982
TO: Colette Penne
FROM: Gary Esar~"'"
RE: Andrews/McFarlin
This office has no comment at this time on the above-referenced
application.
As an aside, this office is aware of another proposal affecting
this property being put forward by a local realtor. The proposal
involves a three-way trade of land between the City (a part of the
Rio Grande property), the Andrews/McFarlin group and Cap's Auto
Supply. We don't know if that proposal and this application are
independent, co-ordinated, sequential or mutually exclusive.
Since any development proposals involving the Rio Grande area are
of major concern to the City, the applicant might be asked how he
perceives the flow of development in that area. To preserve the
City's right to co-ordinate the development in that area, perhaps
the purchasers of these individual condominium units (if this
application is approved) might be required in advance of purchase
to agree to relocate if, for instance, a Cap's-trade-type proposal
is implemented.
GSE:mc
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MEMORANDUM
TO:
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Herb Paddock, Fire Marshal/Building Department
FROM: Colette Penne, Planning Office
RE: Andrews/McFarlin Subdivision Exception (Condominiumization)
DATE; Febr;uary 3, 1982
Robert W. Andrews and Clyde L. McFarlin have submitted an application to
condominiumize existing bui1din9s at 410-414 North Mill, Aspen, (S/C/1
zone). Please review their plans and send any comments to us by Thursaay,
February 18, 1982; this item is scheduled for City P & Z on March 2.
Thank youl
Note: Herb,
This proposal is for the condominiumization of existing buildings;
therefore, we need your comments as per fire, health and safety conditions
of the buildings prior to P & Z review. Please contact Clyde at
925-3881. Thanks]
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January 27, 1982
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City of Aspen
Planning Dept.
130 S. Galena St.
Aspen, CO . X(~pJ
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Re: Application for subdivision e~tion and
approval of condominium plan of 410-414 N.
Mill St. Bldg.
Gentlemen:
The intent of the owners of the subject property
is as follows:
1. To provide an opportunity for service commercial
businesses to locate in Aspen on a more permanent basis.
2. To provide a means of upgrading the real property
in keeping with current development in the area.
According to the code we have adequate parking space
for 33 cars.
Enclosed is proof of ownership documents.
Sincerely,
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January 27, 1982
City of Aspen
. Planning Dept.
130 S. Galena St.
Aspen, CO
Re:
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Application for subdivision e~on and
approval of condominium plan of 410-414 N.
Mill St. Bldg.
Gentlemen:
The intent of the owners of the subject property
is as follows:
1. To provide an opportunity for service commercial
businesses to'locate in Aspen on a more permanent basis.
2. To provide a means of upgrading the real property
in keeping with current development in the area.
According to the code we. have adequate parking space
for 33 cars.
Enclosed is proof of ownership documents.
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January 27, 1982
City of Aspen
Planning Dept.
130 S. Galena St.
Aspen, CO
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Application for subdivision ~ion and
approval of condominium plan of 410-414 N.
Mill St. Bldg.
Re:
Gentlemen:
The intent of the owners pf the subject property
is as follows:
1. To provide an opportunity for service commercial
businesses to locate in Aspen on a more permanent basis.
2. To provide a means of upgrading the real property
in keeping with current development in the area.
According to the code we have adequate parking space
for 33 cars.
Enclosed is proof of ownership documents.
Sincerely,
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CITY OF'~'ASPEN".. .
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303-92,5 -2020 JL~,l.\PR 5 jSC31.1l1l
MEMORANDUM A'~Pt"I\T/"p~:-:-"_-",._,j
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DATE: March 28, 1983
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TO: Members of City Council
Wayne Chapman
. FROM: Gary Esaryy:(Jl
RE: Andrews/McFarlin Land Trade Option
On April 12, 1982, Council approved the Andrews/McFarlin condomini-
umization with a condition that the City Attorney, City Engineer
and City Planner negotiate with the Applicant to propose a method
for acquisition of an expanded Mill Street R.O'.W. along the
Andrews/McFarlin property (see Condition (2) of attached minutes).
Attached is the paragraph in the proposed condominium declaration
(as yet unrecorded) that contains the negotiated agreement.
Essentially, the negotiated agreement is a one-way option for the
City. If the City chooses at the time of the widening of Mill
Street, it may acquire the additional needed right-of-way of 2,223
sq. ft. (outlined in blue on the enclosed map) for the "exchange
parcel" of 2,064 sq. ft. in the back of the property (outlined in
yellow). The benefit to the Applicant of this arrangement is that
he may retain needed parking space that he would lose when Mill
Street is widened. The advantage to the City .is that the exchange
is pre-negotiated with the present owner instead of having to deal
in the future with a condominium association or an assortment of
ownership interests.
If the City does not exercise its option, it remains free to make
any other negotiated agreement or resort to condemnation to acquire
the necessary land.
This agreement has been reviewed and approved by the Engineering
and Planning Departments and has been referred to Monroe Summers
for forwarding to the Rio Grande planners. At this point, the
agreement, if implemented, does not appear to adversely affect the
Rio Grande plan.
Please call me if you have any comments or suggestions.
GSE/mc
Attachments
P.S. Technically, this Agreerrent does not require
any further approval from you to be in=rporated
into the condo docurn:mts. However, if any of you
would like it called up to. Council for further
diSCUssion, it oertainly can be. ~
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Regular Meeting
Aspen City Council
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April 12, 1982
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Ms. Davis s,aidin t.he ,subdivisio-n. agreement are the requirements put on the GMP amendment
and the obligations of the GMP application. The next decision is whether or not a perform-
ance bond will be required. The other decision is what kind of format this should be in. ."
Taddune said the performance bond would be in addition to the subdivision improvements
aqreement. Taddune told Council at the P & Z meeting he asked the applicant whether they
would have any problems with a performance bond, and they indicated they would not. The
idea is that if the applicant does not complete the project, the performance bond will
return the site back to what it was. Mayor Edel asked the applicant if there was any
problem with this type of performance bond; Danielsen answered no.
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J. D.Muller told Council the concern at P & Z by neighbors was that the construction
schedule be adhered to. Muller asked what the applicant would agree to in terms of trigger~
ing the default. Muller said s?mething has to be in the bond as to ~hen this ~ill be
invoked. Ms. Davis said the construction schedule is that outlined in the Code, which is
10 per cent has to be completed every 60 days. Taddunes~id,it should be spelled out in
the performance bond, if the work is not completed the city will have .the money and the
ability to return the project to its original state. A citizen said the agreement should
have the specific amounts of work to be done for each 60 days and the amount should be
determined by the city.
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Ms. Davis reiterated the changes made by Council. In section 4 it is added that this has
to be met prior to is'suanceofa building permit. Also in section 4 needs to include that
the final performance bond has to be approved by the eity attorriey,andsome language
regarding the applicant not meeting his obligation that the performance bond would provide
tbemoney for total restoration of the site. The amount will be determined by the city.
Council 4irected staff to dra~t a carefully worded motion and table this motion until the
end of the ~eeting.
SUBDIVISION EXCEPTION - Andrews/McFarlin
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Colette Penne, planning office, told Council the applicants would like approval to condo-
miniumize both buildings. . Building A, the masonry building, does not have as many defi-
ciencies as the metal building~ Right now, only units in building A would be sold: the
future of building B is not known with the Rio Grande plans; the building mayor may not
be there. If the building is there, they will have condominium approval. They will have
to bring this building totally up to code before any units can be sold. Ms.Penne told
Council the engineering department would like to'have a fee title dedication for an 80
foot right~of-way on Mill street. This will take out of. some the present parking. This
wold necessitate an entryway change and parking behind the buildings. There are letters
working towards an agreement.
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Mayor Edel brought up the paragraph from the city attorney's office stating, "to preserve
the city's right to coordinate the development in that area, 'perhaps the purchasers of
these individual condominium units miqht be required in advance of purchase to agree to
relocate if, for instance, a Cap's trade-type proposal is implemented"~ MS. Penne explained
the idea behind this is if the Rio Grande plans gets bogged down, the applicant would like
to go ahead and condominiumize the metal building, building B. If these units are sold,
the buyers will purchase them on contingency of moving to equal space in an equal building.
TaddQne said this condominiumization should be evaluated on its own merits independent ,on
the city's plans or intentions~
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Councilwoman Michael moved to approve the subdivision exception for the purposes of condo- ,:
miniumization for the buildings located,at 410, 412, 4l4n?rth Mill subject to the fOllow-
ing conditions;' (l) that the conditions outlined b the P & Z and a reed to b the
applicant are binding: t at t e compertsat1on 1ssue aSSOC1a e w~t de 1cat1on 0 >tne'
s r g -o-ay be settled by a cooperative effort of the city attorney's office
the. city engineering department, the planning office and the applicant in a timely manner;
(3) that the condominiumization agreement indicate that the buildings will be brought up
to Code separately and units cannot besolc1 in. a building until that building has been
brought up to Code requirements; seconded by Councilman Parry. All in favor, motion
carried;.
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Mayor Edel said he thought this issue had already been decided and that the highway depart-"
ment was going to put this light in. Mayor Edel said he has been told the city has a choice.
City engineer McArthur said last year Council decided to have installed two new lights on
Main street. McArthur said if Council does not want the light at Galena and Main, now is
the time to say so. . Torn Dunlop, environm~ntal health of;~ce, told Council they have checked
with the highway department and have done some calculations to have an idea on any possible
adverse impacts from a fourth street light. i!
Dlnlop told Council with the traffic flows, width of the streets, and local conditions, .;"
if cars were required to stop at an additional stoplight, approximately 60 kilograms
per day of carbond monoxide would be added to the atmosphere. If another stoplight were
added and cars we,re required to stop for one cycle, this would add an additional 569 pounds
of carbon monoxide or relativel four tim S ,if t~~ht is not iu~~led ~o ~~id
STOPLIGHT AT GALENA AND MAIN
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Statement of Land Trade. Declarant is the owner of the real
property described in Exhibit "A", which property is more
particularly located in the plat map attached hereto as Exhibit
"CR. The City of Aspen, Pitkin County, Colorado, owns or
controls the Rio ~rande property along the boundary of the
property and holds the public right-of-way for North Mill
Street. The City desires to expand and improve North Mill
Street along the frontage of Declarants property and may
require a portion of that frontage for such improvement.
Declarant hereby agrees that at the option of the City, which
option will be exercised at the sole discretion of the City
Council of the City of Aspen, the City may trade a portion of
land behind the improvements now on the property, which land is
now part of the Rio Grande property for the land taken from
Declarant's frontage for the expansion of North Mill Street,.
Accordingly, Declarant and the City of Aspen agree, as
evidenced by their respective signatures on this Declaration,
that the City shall have the following options: (1) At such
time as the City so demands in writing for the improvement of
North Mill street, Declarant will convey to the City a
right-of-way across the frontage of its property identified as
the "Mill Street R.O.W. (1664.4 sq. ft.)" and the "3'
.. encroachment easment. (558.6 sq. ft)" [both together hereinafter
referred to as "Parcell"] on Exhibit "C" p.ereto (2,223 square
feet), and such construction easements as may be necessary to
construct the improvements to the street; (2) Simultaneously
with the right-of-way conveyance, and in consideration for it,
the City will convey to Declarant fee simple title to land now
on the Rio Grande property, identified as "Exchange Parcel 2064
sq. ft." (hereinafter referred to as Parcel "2") on Exhibit "C"
hereto (2,064 square feet); (.3) Until such time as Parcel "2"
is conveyed to Declarant, Declarant shall have the right to
encroach upon the land identified as Parcel "2" pursuant to the
City's standard encroachment license agreement, to be executed
by Declarant, which establishes rights and obligations of the
parties with respect to insurance, indemnity and termination of
the right; (4) After the simultaneou's transfer of Parcels "1"
and "2" and the completion of construction of the improvements
to North Mill Street, the City shall grant to Declarant the
right to encroach upon that portion of Parcel "I" that is
usable for normal surface purposes not to interfere with the
City's use, pursuant to the City's standard encroachment
license agreement, which shall be executed by Declarant; (5)
upon exercise of the City option, Declarant and the City shall
deem the trades and licenses granted herein to be just
compensation for the values given and received, and this
transaction shall be a no-cash net transaction; (6) The rights
and obligations hereunder shall be binding upon the successors
and assigns of the City and' of Declarant.
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CITY OF"'ASPEN
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130 south galena street
aspen, colorado 81611
303-925 -2020
MEMORANDUM
.DATE: March 25, 1983
TO: Wayne Chapman
Sui ld ing Departme!)j;.r'
Planning Office""""-
Engineering Department
FROM: Gary ESaryG~ .
RE: AndrewS/McFarlin Condominiumization
City Council granted a subdivision exception for condominiumiza-
tion for the Andrews/McFarlin Condominiums on April 12, 1982. One
of the conditions of the approval was that Building B (the metal
building housing Aspen Auto Machine) would be brought up to fire,
health and safety minimums (pursuant to inspection memos by Stan
Stevens and John Ostwald on, respectively, February 18 and Febru-
ary 19, 1982) prior to recording the plat. Building A must be
brought up to standards prior to the sale of any of the units of
that building. The fire, health and safety improvements to Build-
ing B have not been made and the owners are now in a ~~ry to
avoid foreclosure by completing the condominiumizatio~ecuring
refinancing. It may not be possible for them to complete the
improvements prior to the foreclosure date and so thay are sug-
gesting an escrow arrangement. A copy of the proposed escrow
agreement is attached.
There is no provision in the Code for such an arrangement and the
Council approval does not mention it. Obviously, the applicants
could have avoided the crunch they are in by simply completing the
improvements last summer. Additionally, the escrow agreement is
deficient in some aspects (it does not address the non-eletrical
fire, health or safety problems and makes no provision for the
City as a signatory or third-party beneficiary). Finally, this
es~row arrangement may be such a departure from the Council
approval that only Council has the right to agree to it.
However, before I get too technical, I thought I'd refer the con-
cept to get your comments.
Please return comments ASAP.
GSE/mc
cc: Barbara Purvis, Esq.
Rick Knezevich, Esq.
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ESCROW AGREEME~T
THIS AGREEMENT, is made and entered into this day of
March, 1983, by and between ROBERT W. ANDREWS and JANE ANDREWS
.whose address is 555 Franklin, Denver, Colorado 80218, CLYDE L.
MCFARLIN and PATRICIA L. MCFARLIN whose address is: P. O. Box
289, Snowmass, Colorado and the ASPEN TITLE COMPANY, whose
address is 530 E. Main Street, Aspen, Colorado 81611.
WHEREAS, the finalization of the refinancing of the
Andrews/McFarlin loan, (hereinafter referred to as "closing"),
with First Mortgage Corporation is s~heduled to occur within ten
days of the above recited date. As part of that refinancing, the
Municipal Code for the City of Aspen requires that Building B,
ANDREWS/MCFARLIN CONDOMINIUM, County of Pitkin, State of
ColoradO, as shown on the, Condominium Map for Andrews/McFarlin
Condominium, recorded in Book ___ at page
, Pitkin County
records, meet code requirements for life, health, and safety
standards.
WH'EREAS, a preliminary inspection by the City of Aspen
Engineering Department was completed on March 18, 1983, a copy of
which is hereby attached as Exhibit A. Mr. Ken Broughton of
Broughton Electric was present at that inspection and has esti-
mated the cost of the required ~lectrical improvements to
Building B, to be $4,375.00, as described on Exhibit B attached
hereto.
NOW, THEREFORE, to facilitate the refinancing of the
Andrews/McFarlin loan and to insure that the electrical
deficiencies in Building B are corrected, the parties hereby des-
ignate the Aspen Title Company as escrow agent to effect the fol-
lowing instructions:
1. At the closing, Aspen Title Co. will retain from
the proceeds of the loan to Robert W. and Jane Andrews the sum of
Four Thousand Three Hundred Seventy Five Dollars and no/lOO
($4,375.00) and place said funds in an escrow account subject to
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the terms of this Agreement.
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2. At closing, Aspen Title will confirm that a copy
of this Agreement has been provided to Ken Broughton, and that he
has agreed to complete the electrical repairs under the terms of
this Agreement. Aspen Title will request a billing fiom Mr. Ken
~roughton upon the finalization of the electrical repair to
Building B.
3. Aspen Title will disburse funds from the escrow
account, payable to Broughton Electric in the amount requested in
said billing statement provided that: the electrical repairs are
completed within thirty days of the date of this Agreement and
the repairs are approved by the City of Aspen as being in compli-
ance with life, health, and safety deficiencies as they appear on
Exhibit A, and the final billing does not exceed the original
estimate by an amount greater than 10%. In the event that the
final billing exceeds the estimate by an amount of 10% or less
and the repairs meet the above recited requirements, Robert and
Jane Andrews hereby agree to submit said overage to Broughton
Electric within thirty days of receipt of written notice
indicating the balance due.
4. In the event that Broughton Electric cannot
complete the electrical" repairs under the terms of this
Agreement, Aspen Title shall retain the escrowed funds and select
a second company to complete the repairs and disperse the funds
to said company under the same conditions as stated herein.
IN WITNESS WHEREOF, the parties have affixed their signa-
tures hereto this day of , 1983.
Clyde L. McFarlin
Robert W. Andrews
Jane Andrews
Patricia L. McFarlin
ASPEN TITLE COMPANY
By
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t'"') EXHIBIT A
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. TO: '. Herb Paddock
FROM: John Ostwald, Inspector
DATE: February 19, 1982
RE: 410, 412, 414 N. Mill St.
1) Original permit of occupancy did not require fire separations.
There have been many changes of types of use have not been
pr?perly recorded and now require l-hour seperacions.
2) Lack of adequate fire protection
3) Inadequate setbacks for types of occupancy
}~-2 requir&s 3Cfee-c.
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4) Questionable ventilation and sanitary facilities
5) Exterior stairs are inadequate
6) New floor plan does not match existing and exit easements cannot
be granted
7) Mechanical room requires updating ,
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8) Water Department records seem to indicate a discrepancy ill'llumber
. of fixtures.
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506 East Main Street
Aspen, Colorado 81611
303/925-5973
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MEMORANDUM
TO:
Herb Paddock,
Building Official
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FROM: ,'Stan Stevens, Inspector
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DATE: February 18, 1982
RE: ,Electrical Inspection
'410-414 N: Mill Street
An inspection of electrical w~r~ng and installation was made
at the above referenced bUildings as a result of a request from
Aspen Planning Office. This request was in respOnse to an
application for condominiumization of these bUildings.
The fOllowing is a summary of the deficiencies noted dUri!lg'~.the
inspections.
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A. BUilding A General
1) Service disconnects
-No protective covers as required by NEC Article
230-62a.
-Neutrals not identified as required by NEC
Articles 200 and 310
-No directory
-Rieht disconnect (single phase 3W) neutrual not
bonded or grounded.
-No water pipe ground
2)
All lower units do not have access to individual
disconnect.
3)
Receptacle circuits not properly sized for connected
load '
4)
The following deficiencies are present in varying
degrees in each of the individual units:
-Open ground circuit in grounded type receptacles
-Wiring to overhead lights and general wiring
not contained within metal raceway as requ~red by
Aspen Code Section 7-157
-Insufficient receptacles as required by NEC Article
210-5(b)
-Receptacles and junction boxes without protection
covers
Building B General
1) Service drop conductor size too small to meet NEC
Article 230-90
2) Left service disconnect eqUipment
-Neutral not bonded to panel
-Neutral not identified
,
-No directory
-No water pipe ground
3) Right service disconnect equipment
-Neutral not grounded
-Neutral not bonded
-No water pipe ground
-No panel directory
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4) The fOllowing deficiencies are present in varying
degrees in each of the individual units:
-Insufficient clearance around panels as required
by NEC Article 110
~Neutrals not identified as required by NEC Articles
200 and 310.
-No panel directory
~Uncovered openings in panel
-Insufficient receptacles as required by NEC
Article 210-5(b)
-Wiring to overhead lights and general wiring not
contained within metal raceway as required by
Aspen Code Section 7-157.
-Open ground circuit in grounded type receptacles
-Receptacle and junction boxes without protection
covers
B. .Specific Deficiency in Unit B-12 .
Spray room in N.E. corner of Unit B-12 must be
wired and illuminated according to Class I, Division
I; Hazardous location as required by NEC Article 516
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EXHIBIT B
BROUGHTON ELECTRIC
1266 Owl Creek Road P,O, Box 11599
ASPEN, COLORADO 81611
Phone 925-3484
~age No, I
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PROPOSAL SUBMITTED TO
Andrews and McFarland
PHONE
DATE
STREET
JOB NAME
March 24 I983
4I2 No. Mill st.
CITY, STATE AND ZIP CODE
As en, Colo. 8I6I2
Andrews McFarland Bld~
JOB 1.0CATlON
ARCHITECT
DATE' OF PLANS
JOB PHONE
We hereby submit specifications and estimates for:
ESTIMATE ONLY · NOT A FIRM BID
Due to Difficulty of bidding this type of a project, a firm bid cannot be
given. Your actual time and materials bills may be more or less then the
bids given for each phase of the job. Estimates are for electrical clean
up and safety, they do not bring the building up t'o code.
MAIN BLDG.
JEWELRY SHOP
PRINT SHOP
S.W. STORAGE
PUMA
$460.00
$285.00
$I200.00
$280.00
$2I50.00
Wood and Auto Shops to be taken care of by occupants.
lIIe JlrllJlII.!le hereby to furnish material and labor - complete in accordance with above specifications, for the sum of:
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Payment to be made as follows:
MONTHLY AS BILLED
dollars ($
).
All material is guaranteed to be as specified. All work to be completed in a workmanlike
manner according to standard practices. Any alteration or deviation from above specifica-
tions involving extra costs will be executed only upon written orders, and will become an
extra charge over and above the estimate. All agreements contingent upon strikes, accidents
or delays beyond our control, Owner to carry fire. tornado and other necessary insurance.
Our workers are fully covered by Workmen's Compensation Insurance.
Author;zed_~ ~'lJ#- /J~2;;
Signature . ,4-~
Note: This proposal may be 30
withdrawn by us if not accepted within
i
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days.
Date of Acceptance:
Signature
AtttptUUtt of Jropo.llUl-The above pr;ces. spec;t;cat;ons
and conditions are satisfactory and are hereby accepted. You are authorized Signature
to do the work as specified. Payment will be made as outlined above.
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CO,"VAIOIH ,no. HEW E"'OlANO IUSINUS SERVICE. 'NC.. TOWNSEND. "'ASS. OUI9
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Revisions
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MEMORANDUM
TO: Aspen City Council
FROM: Colette Penne, Planning Office
RE: Andrews/McFarlin Subdivision Exception (Condominiumizati
DATE: April 12, 1982
APPROVED AS TO FORM:
Location:
410-414 N. Mill
S/C/I
Zoning:
Applicant's
Request:
Subdivision exception for the purposes of condominiumization
of two buildings which are located in the S/C/l zone and
presently rented as commercial occupancy.
Referra 1
Comments:
City Attorney's Office
The City Attorney's office noted that any development proposals
involving the Rio Grande area are of major concern to the
City. , Gary Esary, Assistant City Attorney, suggests that
"to preserve the City's right to coordinate the development
in that area, perhaps the purchasers of these individual
condominium units might be required in advance of purchase
to agree to relocate if, for instance, a Cap's-trade-type
proposal is implemented."
Attached is a memo of April 6, 1982 from the City Attorney's
Office which outlines a procedure for receiving the Mill
Street right-of-way and providing compensation for the
property owners.
Building Department
The Building Department has identified extensive technical
problems associated with life, health and safety considerations.
The memo outlining these deficiencies is attached.
Engineering Department
Total right-of-way on Mill Street needed for its widening is
80 feet. The acquisition of the right-of-way across this
property is a top priority for the re-a1ignment of Mill
Street and construction of a new Mill Street bridge. It is
anticipated that with the new Smuggler Mountain potential
growth, that the Mill Street Bridge will have to be re-
aligned and Mill Street will have to be widened from Puppy
Smith Street to the north. It is to the City's advantage to
acquire the right-of-way during the subdivision exception
process and negotiate with one owner rather than many condominium
owners in the future. Also, an agreement must be drafted
committing the owners to participation in future capital
improvements.
Planning
Offi ce
Review:
The Planning Office is concerned about the timeliness of
this condominiumization in light of the Rio Grande development.
This condominiumization may result in the displacement of
some of the service/commercial/industrial tenants presently
leasing space in these buildings. The City Attorney's
office advises that the requirements of Sec. 20-22 of the
Municipal Code apply to the condominiumization of residential
units, not commercial uses. Under that interpretation, the
potential for tenant displacement is not an issue in this
application. On the other hand, condominiumization of this
space allows the tenants a chance of permanency which has
not previously been available.
I
I
"
t'l
n
Memo: Andrews/McFarlin Subdivision Exception (Condominiumization)
Page Two
April 12, 1982
The Building Department's comments are of serious concern.
The masonry bUilding (A) has less serious problems than does
the metal building (B). The applicants would like approval
for condominiumization of both buildings, understanding that
if Building A is brought up to code, units can be sold in
it, but no units can be sold in Building B until it is also
corrected in terms of all life, health and safety deficiencies.
The applicants have agreed to include language in the condo-
miniumization agreement which will limit the sale of units
in this manner. They concur that the future of Building B is
yet undecided and its ultimate demolition may result as the
Rio Grande SPA plan materializes; However, Mr. Andrews and
Mr. McFarlin wish to secure the approval of condominiumization
of Building B during this review process for future use if
the building remains.
Planning
& Zoning
Commission
Action:
The Planning and Zoning Commission recommended approval for
subdivision exception for the purposes of condominiumization
under the following conditions:
1. That fee title dedication of the additional right-of-way
required to make a total Mill Street right-of-way of 80
feet be made to the City of Aspen at the time of final
plat.
2. That the owners enter into a written agreement to participate
in the costs of future capital improvements (curb, gutter,
sidewalk, etc.).
3. That the owners agree to comply with the,Building Department
requirements for co.rrection of life, health and safety
defi ci enci es.
4. That the owners enter into a written agreement with the
City that at the time of improvement of Building B, a 20
foot trail easement at a location to be determined by the
Engineering Department would be dedicated.
The Planning Office was directed to draft a Resolution of
this action. Subsequently, the applicants have submitted a
letter agreeing to meet these conditions (copy attached).
Planning
Office
Recommendation: The appropriate motion is as follows:
"I move approval for subdivison exception for the purpose
of condominiumization for the buildings located at 410,
412, 414 N. Mill subject to the following conditions:
1. That the conditions outlined by the Planning and
Zoning Commission and agreed to by the applicant are
binding.
2. That the compensation issue associated with dedication
of the Mill Street right-of-way be settled by a cooperative
effort of the City Attorney's Office, the City Engineering
Department, the Planning Office and the applicant in a
time ly manner.
3. That the condominiumization agreement indicate that
the buildings will be brought up to code separately
and units cannot be sold in a building until that
building has been brought up to Code requirements."
"
'1
f")
;;J
RESOLUTION OF THE
;.\
ASPEN PLANNING AND ZONINGZOMMISSI0N
GRANTING SUBDIVISION EXCEPTION
FOR THE PURPOSE OF CONDOMINIUMIZATI0N
OF THE ANDREWS/McFARLIN, BUILDINGS
LOCATED AT 410-414 N. MILL
Resolution No. 82 - 3
WHEREAS, the buildings located at 410-414 N. Mill are owned by Robert
Andrews and Clyde McFarlin, and
WHEREAS, the owners are requesting subdivision exception for the purpose
of condominiumization, and
WHEREAS, the two buildings are located in the S/C/l zone and'present1y
are rented for commercial occupancy, and
,WHEREAS, the requirements of Sec. 20-22 (Condominiumization) of the
Municipal Code are interpreted as applying to residential condominiumizations,
and
-WHEREAS, the owners may at a later date expand the present configuration
of their buildings and an extension of the Rio Grande Trail would be possible.
NOW, THEREFORE, BE IT RESOLVED by the Aspen Planning and Zoning Commission
that subdivision exception for the purpose of condominiumization is granted
for the two buildings located at 410-414 N. Mill under the following conditions:
1. That fee title dedication of the additional right-of-way required to
make a total Mill Street right-of-way of 80 feet be made to the City
of Aspen at the time of final plat. .
2. That the owners enter into a written agreement to participate in the
costs of future capital improvements (curb, gutter, sidewalk, etc.).
3. That the owners agree to comply with the Building Department requirements
for correction of life, health and safety deficiencies.
4. That the owners enter into a written agreement with the City stating
that at the time of improvement of Building B, a 20-foot trail easement
would be dedicated at a location to be determined by the Engineering
Department.
Approved by the Aspen Planning and Zoning Commission at its regular
meeting on April 6; 1982.
ASPEN PLANNING AND ZONING COMMISSION
01
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By:
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Memo: Andrews/McFarlin Subdivision Exception (Condominiumization)
Page Two
March 16, 1982
r1o.'^:"(jDff"'- d'4-+
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Planning
Office
Recommenda-
tion:
service/commercial/industrial tenants presently leasing space
in these buildings. The City Attorney's office advises that
the requirements of Sec. 20-22 of the Municipal Code apply to
the condominiumization of residential units, not commercial uses.
Under that interpretation, the potential for tenant displacement
is not an issue in this application.
The Building Department's comments are of serious concern. None
of the proposed units have the required l-hour fire wall separa-
tion, for instance. The deficiencies are very numerous, and
would have to be agreed to be corrected before final approval
could be given for condominiumization of these buildings.
In the attached letter submitted by Robert Andrews and Clyde
McFarlin, they request that the compliance schedule required
by the Building Department to rectify the Code deficiencies
coincide with the sale of units. The Building Department will
require that all compliance be made prior to the sale of any
unit.
Although we have several concerns about this condominiumization,
none of them preclude the owners from taking this action. The
units are not at present in an acceptable physical condition
to be sold as separate units, but if the necessary improvements are
made, this request could move forward to the City Council for
final approval.
The Planning Office recommends that the Planning and Zoning
Commission recommend approval for subdivision exception for
the purposes of condominiumization for the buildings located
at 410, 412, 414 N. Mill under the following conditions:
1. That fee title dedication of the additional right-of-way
requi red to make a total Mi 11 Street ri, ght-o,f,-way of ~p (-', I I ~
feet be made to the City of Aspen, 0-+ -th.JL_,,~ QT-\"'" to.,.
2. That the'owners enter into a written agreement to partici-
pate i.n the costs of future capital improvements (curb,
gutter, sidewalk, etc.).
3. That the owners agree to comply with the Building Depart-
ment requirements for correction of life, health and
safety deficiencies.
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RESOLUTION OF THE
;'1:'
''''~..<....;.- ,y,;
ASPEN PLANNING AND ZONING COMMISSION
GRANTING SUBDIVISION EXCEPTION
FOR THE PURPOSE OF CONDOMINIUMIZATI0N
OF THE ANDREWS/McFARLIN BUILDINGS
LOCATED AT 410-414 N. MILL
Resolution No. 82 -
WHEREAS, the buildings located at 410-414 N. Mill are owned by Robert
Andrews and Clyde McFarlin, and
WHEREAS, the owners are requesting subdivision exception. for the purpose
of condominiumization, and
WHEREAS, the two buildings are located in the S/C/l zone and presently
are rented for commercial occupancy, and
WHEREAS, the requirements of Sec. 20-22 (Condominiumization) of the
Municipal Code are interpreted as applying to residential condominiumizations,
and
WHEREAS, the owners may at a later date expand the present configuration
of their buildings and an extension of the Rio Grande Trail would be possible.
NOW, THEREFORE, BE IT RESOLVED by the Aspen Planning and Zoning Commission
that subdivision exception for the purpose of condominiumization is granted
for the two buildings located at 410-414 N. Mill under the following conditions:
1. That fee title dedication of the additional right-of-way required to
make a total Mill Street right-of-way of 80 feet be made to the City
of Aspen at the time of final plat.
2. That the owners enter into a written agreement to participate in the
costs of future capital improvements (curb, gutter, sidewalk, etc.).
3. That the owners agree to comply with the Building Department requirements
for correction of life, health and safety deficiencies.
4. That the owners enter into a written agreement with the City stating
that at the time of improvement of Building B, a 20-foot trail easement
would be dedicated at a location to be determined by the Engineering
Department.
Approved by the Aspen Planning and Zoning Commission at its regular
meeting on April 6, 1982.
ASPEN PLANNING AND ZONING COMMISSION
By:
010f Hedstrom, Chairman
ATTEST:
Deputy City Clerk
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6\1, / o"NIN co. /
ASPEN ' .. "" ~ '
, 01 f ':'r"~"" O. Frci.
"". 1'L.:iJ;,1.... 'iliIVl.;i
Andrews / McFarlin Company
412 North }ftll Street
Aspen, Colorado 81612
April 5, 1982
.-..
City of Aspen
Planning Department - Collette Penne
130 South Galena Street
Aspen, Colorado 81612
Dear Collette;
Based upon the previous conditions agreed to at the Planning and Zoning meeting April 2, 1982,
and based upon subsequent discussion with all departments requiring final approval for Oity
Council, it is our understanding that the following is acceptable to all parties involved.
(1) Building Department
A. Condominiumization of both buildings, A and B - approval
B. Bring building A up to code prior to any sale of units
C. Bring building B up to code for life, health, and safety deficiencies now
D. Planning to enter suitable paragraph on final platt regarding any sale of ~nits
in blulding B under consumer protection code.
(2) Engineering
A. Agree to trail easement
B. Lgree to whatever feasible easement is necessary along Yill Street, provided
equivalent parking set-off is made avaiable.
C. Agree to written agreenent to participate in future capital improvements
Sincerely,
ClYd~.%McFarlin. . ]
~}4 ;(1)/;f~~~=
Robert W. Andrews
~10-
"
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555 Frankl in St.
Denver, CO 80218
TO: Collette Penne, Planning Office
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FROM: R. W. Andrews & Clyde McFarlin
DATE: March 4,1982
RE: Andrews/McFarlin Condominium
Having reviewed the memoranda from the 1)
and 2) the Building Inspector the following
Engineering Department
will be done to comply:
...>
!;.:~'-,
........ '-".
1) Engineering report: Mr. Jim Reser will correct items #1 to #15.
2) Building inspection - electrical: All items will be corrected.
3) Building inspection - general: All items will be complied with
(exception #3 - setback).
Since all
building) we
coincide with
units will not be marketed simultaneously (e.g. the metal
would like to coordinate the compliance schedule to
the sale of units.
~~,~
Robert W. Andrews
.~/-/j1rhL;
Clyde McFarlin
"
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MEMORANDUM'
TO:
~~~~'J:n~~~~~~~~~~~W
~ .'.. \ .",
FROM:
Louis Buettner, Engineering Department
..
""".
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DATE:
March 11, 1982
RE:
Andrew/McFarlin Candaminium
----------------------------------------------------------------
The Engineering Department having received a revised plat far the
abave wishes ta express the following:
The revised plat carrects 12 of the 15 items listed on the
memarandum of February 17, 1982. AlpireSurveys was natified
but cauld .only carrect 2 .of the 3 remaining items.
The .only item that has nat been addressed at this time is the
additianal right-af-way neeed for the cantinued widening of Mill
Street.
The acquisitian .of the right-of-way acrass this property is a tap
priarity far the re-alignment .of Mill Street and constructian .of a
new Mill Street Bridge.
I can .only repeat what was written in the Engineering Departments
previaus February 17, 1982 memarandum.
The reasan far acquiring rights-af-way are many, however, in this
particular case, we anticipate with the new Smuggler Mountain
patential grawth, that we will have to re-align the Mill Street Bridge
and widen Mill Street fram Puppy Smith Street ta the Narth. Therefare,
the City wauld have ta either acquire the abave praperty .outright
.or acquire the right-af-way. It is ta the City's advantage ta
acquire the right-af-way during the subdivisian (Subdivisian Exemptian
Candaminiumization) process and reduce the cost of said impravements.
In this case, acquiring the right-af-way during the subdivisian
exemptian pracess, we will be negatiating with one .owner instead
.of many candaminium .owners in the future.
Sectian 20-16 of the Municipal Code titled "Improvements" requires
curb, gutter and sidewalk ta be provided by the subdivider. These
items shauld be a conditian .of appraval.
LB/ca
"
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January 27, 1982
City of Aspen
Planning Dept.
130 S. Galena St.
Aspen, CO
Q;1tt~i~:' C.p'.t/
Application for subdivision e~ion and
approval of condominium plan of 410-414 N.
Mill St. Bldg.
Re:
Gentlemen:
The intent of the owners of the subject property
is as follows:
1. To provide an opportunity for service commercial
businesses to locate in Aspen on a more permanent basis.
2. To provide a means of upgrading the real property
in keeping with current development in the area.
According to the code we have adequate parking space
for 33 cars.
Enclosed is proof of ownership documents.
Sincerely,
~J; !fu~/2~~~'7
~1J)1f~
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TO:
FROM:
DATE:
RE:
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MEMORANDUM
~~~~~~
Louis Buettner, Engineering Department~~~
February 17, 1982
Andrews/McFarlin Condominium
---------------------------------------------------------------
Having reviewed the applicants plat for the above condominium
and having made a site inspection, the Engineering Department
has the following comments:
The Owner/Applicants should revise the submitted plat with the
following information:
Building locations on property.
1.
2.
3.
upon the
4.
5.
6.
7.
width of adjoining street right-of-way.
Location of Mill Street curb, gutter, and sidewalk
right-of-way.
Existing utilities and met~location.
General common elements, and limited elements.
Existing zone of the property.
Drawing index.
8. Description of survey monuments found or set for this
property.
9. Label buildings as "A" and "B".
10. unit A-7 has no access easement.
11. The utility room on the second floor of the "B" building
is not shown as part of a unit or as a general element.
12. All units should be dimensioned as to size.
13. All areas of the buildings should be listed as general
or limited elements.
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Page 2
February 17, 1982
Andrews/McFarlin Condominium
14. There should be dimensions for all wall thickness.
15. Additional right-cD-way, to complete Mill Streets 80 foot
right-oi-way, is granted to the City of Aspen for the continued
construction of Mill Street.
The Engineering Department has adopted a policy to acquire as much
rights-of-way as possible during the subdivision, subdivision
exemption, and subdivision exception process.
The reason for acquiring rights-of-way are many, however, in this
particular case, we anticipate with the new Smuggler Mountain
potential growth, that we will have to re-align the Mill Street
Bridge and widen Mill Street from Puppy Smith Street to the north
in the very near future. Therefore, some time in the future, we
would have to either acquire the above property outright or acquire
rights-of-way in the future.
It is to the City's advantage to acquire these rights-of-way now
during the subdivision exemption'process and reduce the cost, if
not eliminating the cost totally.
By acquiring the rights-cf-way during the subdivision exemption
process, we will be negotiating with the one owner instead of many
condominium owners in the future.
LB/co