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HomeMy WebLinkAboutcoa.lu.ec.Aspen Mountain Townhouses CASELOAD SUMMARY SHEET ) - . 'City of Aspen ... g~~~ :~~~:~: ~~f~~~~~ Type of Application: I. GMP/Subdivision/PUD 1. Conceptual Submission 2. Prel iminary Plat 3. Final Plat CASE NO.fJJ1tt::y"t~ STAFF: "~rs'.) '() ( PROJ ECT NAME!: APPL ICANT : .. Applicant Address REPRESENTATIVE: Representative Ad 5-J'I/o!p 20 12 6 $2,730.00 1,640.00 820.00 II. Subdivision/PUD l. Conce pt ual Submi ssion 2. Pr el imi na ry Plat 3. Final Plat III. All "Two Step" Appl ications / IV. All "One Step" Appl ica tions 14 9 6 $1,900.00 1,220.00 820.00 11 $1,490.00 5 $ 6 80 . 0 0 V. Referral Fees - Environmental Health, Housing Office 1. Minor Appl ications 2 $ 50.00 2 . Major Appl ications Referral Fees- J;:ngineering Minor Applications Major Applications 5 $ 125.00 ~~3:~=~~'===~'~'~':~':d:~;;~~~~~'~-k.~~/;:::U~i:=i'::;~~;'~~.~:..~==========================:::=== 80.00 200.00 _ SchoOl District _ Rocky Mtn. Nat. Gas _ StateHwy Dept (Glenwd) _ StateHwy Dept (Gr.Jtn) _ Bldg: Zoning/Inspectn Other: .. .. _ Roaring Fork Energy Center ;~;~=;~;;~;;7=============~==~~;~=;~;;~;7=~/~~~l=====~;;;~:~7~~== -1G. City Atty $ City Engineer Y Building Dept. , P&Z CC MEETING DATE: m~ -a:o , PUBLIC HEARINc'.:." .y~S (ig) DATE REFERRED: 'I;16/g--c. INITIALS: ~. . ================:::::==============~=:::=========,=========~== ====:::====== REFERRALS: f City Atty . City Engineer ~ Housing Dir. Aspen Water City Electric Envir. Hlth. Aspen Consolo S.D. Mtn. Bell Par ks Dept. Holy Cross Electric Fire Marshall Fire Chief Other: Otherj ('l~ :;;:- !J~ FILE STATUS AND LOCATION: ./ Re.v'ig\,~cd by:. . .~ P:: ~ City Cou( ,/I,ptn(<1,."f.;,. TrW"lckm-- (c"J/ln",,,,,i,,,1,;. r 1,1 ~~ t, :4 U tvfiJ N~'MoM" ",{ Z I,~~," c.m.-1lI~'" ,j I ,Jr",,-L.; ~, . t\'t1 JJ II f4l.J , . . .. ~ ,t, 'i.I--Vf"tr.'Y<*~ ,'~l\A.vl.l h;l (!J1c.....) 4. ..Iv ".l.<fA!."t/ lX"l-L":r:,;;. l/.j-1.f.rt'f~ /1 ',10 ~ 'I~ rf ,-r v U' . P. f-. I t~'lWNhl; I..;), 11 M'~v\"C:.,,~ auJ If..-1f:~ iJ..r;'(ll1; v.jet.;;;,: n ~ 1. 2. /:.... ," 3 ~': , "--~; o A Stater.lent of Subdivision shall be filed to the satisfac- tion of the City Attorney prior to recordation of the plat. T?e a'pplicant shall agree to join the Special Improvement ~lstrlct f?r loqge area and any other special districts that lnclude thlS property and shall state this commitment in the Statement of Subdivis.j.on Exception. . A plat shall be filed .,ith the Clerk and Recorder of Pitkin County to the satisfaction of the City Enoineer which incl udes designation of a trash dumpster ar~a aD.:" (;omr.,on element areas in the yards. 4-. IkAjP'^M...t."1~"",,,~MJ.-t~rllu,tf~1 g,v.1M~ 'lO-;l1 (4) ~lb), ~(vf1 P.~t ~ ~~j -rI ~-~ '\ rrr::i't"" ~ ~ )n"..)" -tA, "L:;.j,,; tJ, J' ." flU;" pvfJlI/ f;;"f"r4 'J..erl~n . 0:,;, r~-uJ " ~ I-~~" ~ .tAw wvJJ Jrc . . n .. . '/ . ~1(Jl1'P~t1.; M./ lriv ~M/~ t hmtJJ f. ,..." \Il1'..~ f;; tJ.t"1vr-d ~ ~ if{ fJv c ,7',1 Aihw\. ~~"iih..~j;, , . 1'J~ ~:."~J...A' ~ / . ,. ,'.. ", !- f" 0 ~V_ IVl . W~q')1,;;:. ! !: Revie\H~c1 By: O~' ,f/ 11 "'1 'J...7 i\spen P&Z . ~y council). . W;i (. "'1 . (';'f/' I .,'r.o?! {J/r-1:.1'o;Y;tt~~ 'i"O~ t?J 1-r;;;,:;/i;hl.J.~l{' .,tl')f . I l"J 'j.}o',t- t t ,ti~ /..,.':{:/ 1/"'1'... '1.1:1..-:-:,.: .: 1';'\ ( ) "....:,/ - 1. A Statement of Subdivision ~J(ception shall be filed to the satisfaction of the City Attorney prior to recordation of the pl at. 2.. The. appl icant shall agree to JOln the Special Improvement District for the lodge area and any other special districts that include this property and shall state this commitment in the Statement of Subdivision Exception. 3. A plat shall be filed with the. Clerk and Recorder of Pitkin County to the satisfaction of the city engineer which includes designation of a trash dumpster area and common element areas in the yards. The Aspen Nountain Townhomes Condominiumization shall be excepted from the requirements of Section 20-22(a) and (b), right-of-first-refusal to the. existing tenant and six (6) month minimum lease restriction, based 0 the finding that, in this unique case, there would be no public purpose served by such requirements, the requirements would be unnecessary in relation to the land use policies of the City of Aspen under the facts and circumstances presented, and granting this exception will not be detrimental to the public welfare or injurious to other property in the area." 4 . . .-.. ".'--"--"- -, ----~-, f:lt: ~"f.(1. T'wn~'~ COrit,(.;";v..;,,1;j'l, "5.1.(1. EXI'f;. '/)t, ..... (;>-.. n ('1 '''"~ ME MJRANDU M ------- DATE: July 16, 1986 TO: Engineering Deparb-nent FROM: City Attorney RE: Aspen rbuntain 'Ibwnhouses D @~@a~~,~ I JUL 171986 'I 'I' j 'jj Attached for your approval please find the Statement of Exception regard ing the Aspen 1b untain 'Ib wnho uses. PJT/mc Attachment r": (j LAW OFFICES JUt 1 7 ~ GIDEON I. KAUFMAN A PROFESSIONAL CORPORATION BOX 10001 315 EAST HYMAN AVENUE, SUITE 305 ASPEN. COLORADO 81611 GIDEON I. KAUFMAN DAVID G. EISENSTEIN July 16, 1986 TELEPHONE AREA CODE 303 925-8166 Paul J. Taddune, Esquire Aspen City Attorney 130 South Galena Street Aspen, Colorado 81611 Re: Statement of Exception from the Full Subdivision Process for the Purpose of Condominiumization of Aspen Mountain Townhouses Dear Paul: I have prepared the enclosed Statement of Exception from the Full Subdivision Process for the Purpose of Condominiumization of Aspen Mountain Townhouses pursuant to the approval received by City Council on May 16, 1986. Please review this document, and if it meets with your approval, execute it and return it to me. Very truly yours, LAW OFFICES OF GIDEON I. KAUFMAN, a Professional Corporation BY~1xw- tf:?t0v~ arbara K. Purvis BKP/bw Enclosures cc: John Olson f"", r, STATEMENT OF EXCEPTION FROM THE FULL SUBDIVISION PROCESS FOR THE PURPOSE OF CONDOMINIUMIZATION OF ASPEN MOUNTAIN TOWNHOUSES WHEREAS, CHARLES ROLLES, SCOTT ROLLES and JOHN OLSON (hereinafter referred to as "Applicant") are the owners of a parcel of real proper"ty described as Lot 11, Block 1, Connor's Addition to the City of Aspen, Colorado (commonly known as "Aspen Mountain Townhouses") located at 523 South Monarch Street. WHEREAS, Applicant has requested an exception from the full subdivision process for the purpose of condominiumizing the three townhouse units located on the above-referenced parcel; WHEREAS, Applicant has also requested exception from the requirements of Section 20-22 (a) and (b) of the Aspen Municipal Code requiring a right of first refusal to existing tenants and a six (6) month minimum lease, respectively; and WHEREAS, the City Council at its meeting of May 16, 1986, determined that the Applicant I S request for such exceptions was appropriate and granted the same, subject however, to the conditions described hereinafter. NOW THEREFORE, the City Council of Aspen, Colorado, does determine that the application for exception from the full subdivision process for the purpose of condominiumization of three (3) townhouse units known as "Aspen Mountain Townhouses" on Lot 11, Block 1, Connor's Addition to the City of Aspen, is proper and hereby grants such exceptions. PROVIDED, HOWEVER, that the foregoing exceptions are expressly conditioned upon: 1. Applicant's recording of that certain final plat entitled "Condominium Map of the Aspen Mountain Townhouses"; 2. In the event that any municipal improvement of a kind contemplated in Section 20-16 of. the !'1un~dpal Code of the City of Aspen, as amended, become in the sole judgment or discretion of the City Council of the City of Aspen, necessary or desirable to the area of the above-described property, Applicants will make no unreasonable objection to any special assessment or special tax or proceeding therefor on the basis that the property is adequately served by existing improvements and/or on the basis that the premises will not be served or benefitted by the improvement or improvements proposed. Applicant further agrees to join, upon the demand therefor by the City, any special improvement district formed for construction of such improvements (including, wi thout limitation, signage, drainage, underground utilities, paved streets and alleys, planting, curbs, gutters, sidewalks, street lights, traffic r"\ il circulation, trails, recreation facilities, berms, open space lands, public transportation facilities, parking, etc.) in the area of the above-described property or to reimburse the City of Aspen directly upon demand therefor if the City should choose to construct these improvements without the formation of such a district. DATEO thi" :lri doy of ~'~ C LES ROLLES ~ / / // // WILLIAM L. STIRLING, Mayor APPROVED AS TO FORM: PAUL J. TADDUNE, City Attorney I, KATHRYN S. KOCH, do hereby certify that the foregoing Statement of Exception From the Full Subdivision Process For the Purpose of Condominiumization was considered and approved by the Aspen City Council, and that the Mayor, William L. Stirling, was authorized to execute the same on behalf of the City of Aspen. KATHRYN S. KOCH, City Clerk STATE OF COLORADO ss. COUNTY OF PITKIN The foregoing instrument was acknowledged before me this :;>.J!!:S:;hday of ~, , 1986, by JOHN OLSON. WITNESS my hand and official seal. My commission expires:f-13~8' , 1 J. . 'J ~) u),~j,LU.-( h,+--~( otary Public - (ADDITIONAL NOTARY ACKNOWLEDGEMENTS ON FOLLOWING PAGE) - 2 - . f""1 i~ ., .j STATE OF COLORADO ) ) ss. COUNTY OF PITKIN ) ,. The foregoing instrument was acknowledged before me this :z..1f1J,day of ('w,/v _, 1986, by GHARLES ROLLES. J WITNESS my hand and official seal. My commission expires: -7- 13- yS ~Lf!./Jt..--,>A (I L t2"T\'/\ Notary Public S~~TE OF HtAII ) LLt"1 c\ " I' ) ss. COUNTY OF ' ,'Lt\1i-I'---) O.V The fore~o ',ng instrument was acknowledged before me this J~_day of / { , 1986, by SCOTT ROLLES. /"." W NESS my hand and officialQ/l; My commission expires: (;!IZ/'J-/1 j, /' C7 . /2N11/./ pr~~ / ~ary Public sub exception/DCONDO - 3 - ,-.., rj STATEMENT PROCESS OF EXCEPTION FROM THE FULL SUBDIVISION FOR THE PURPOSE OF CONDOMINIUMIZATION OF ASPEN MOUNTAIN TOWNHOUSES WHEREAS, CHARLES ROLLES, SCOTT ROLLES and JOHN OLSON (hereinafter referred to as "Applicant") are the owners of a parcel of real property described as Lot 11, Block 1, Connor's Addition to the City of Aspen, Colorado (commonly known as "Aspen Mountain Townhouses") located at 523 South Monarch Street. WHEREAS, Applicant has requested an exception from the full subdivision process for the purpose of condominiumizing the three townhouse units located on the above-referenced parcel; WHEREAS, Applicant has also requested exception from the requirements of Section 20-22 (a) and (b) of the Aspen Municipal Code requiring a right of first refusal to existing tenants and a six (6) month minimum lease, respectively; and WHEREAS, the City Council at its meeting of May 16, 1986, determined that the Applicant's request for such exceptions was appropriate and granted the same, subject however, to the conditions described hereinafter. NOW THEREFORE, the City Council of Aspen, Colorado, does determine that the application for exception from the full subdivision process for the purpose of condominiumization of three (3) townhouse units known as "Aspen Mountain Townhouses" on Lot 11, Block 1, Connor's Addition to the City of Aspen, is proper and hereby grants such exceptions. PROVIDED, HOWEVER, that the foregoing exceptions are expressly conditioned upon: 1. Applicant' s recording of that certain final plat entitled "Condominium Map of the Aspen Mountain Townhouses"; 2. In the event that any municipal improvement of a kind contemplated in Section 20-16 of the Municipal Code of the City of Aspen, ,as amended, become in the sole judgment or discretion of the City Council of the City of Aspen, necessary or desirable to the area of the above-described property, Applicants will make no unreasonable objection to any special assessment or special tax or proceeding therefor on the basis that the property is adequately served by existing improvements and/or on the basis that the premises will not be served or benefitted by the improvement or improvements proposed. Applicant further agrees to join, upon the demand therefor by the City, any special improvement district formed for construction of such improvements (inclUding, without limitation, signage, drainage, underground utilities, paved streets and alleys, planting, curbs, gutters, sidewalks, street lights, traffic ~ 1"'""\ , ~ circulation, trails, recreation facilities, berms, open space lands, public transportation facilities, parking, etc.) in the area of the above-described property or to reimburse the Ci ty of Aspen directly upon demand therefor if the City should choose to construct these improvements without the formation of such a ,district. /~~~tl\ DATED th'. .3,L doy Ofn'~~ ' C~ES ROLLES ' . .//;/f // /~i'/)' / / --;', -' /- - /" ./ ......-::=-~-;-:Yt ..... ~',.-------- . ,&9 L /'; // ,~// WILLIAM L. STIRLING, Mayor APPROVED AS TO FORM: PAUL J. TADDUNE, City Attorney I, KATHRYN S. KOCH, do hereby certify that the foregoing Statement of Exception From the Full Subdivision Process For the Purpose of Condominiumization was considered ?rd approved by the Aspen City Council, and that the Mayor, William L. Stirling, was authorized to execute the same on behalf of the City of Aspen. KATHRYN S. KOCH, City Clerk STATE OF COLORADO ss. COUNTY OF PITKIN The foregoing instrument was acknowledged before me this )Jdj"day of ~ ' 1986, by JOHN OLSON. WITNESS my hand and official seal. My commission expires: -,- I =3.. ~ 8" 1 Ii ' "I ~'J dj.~j,L<.J..( 0-'+-i"::J( Notary Publ~c - (ADDITIONAL NOTARY ACKNOWLEDGEMENTS ON FOLLOWING PAGE) - 2 - -. ~" . .., r) STATE OF COLORADO ) ) COUNTY OF PITKIN ) ss. ~i.+i The foregoing instrument was acknowledged before me this :i!w,day of (w,.~ {! , 1986, by CHARLES ROLLES. J WITNESS my hand and official seal. My conunission expires: i-13-g\; . f)fJb-c./,Jv-r A (l L Ilrs-y \ Notary Public SC~E~OF ~WAI.I. l ss. COUNTY OF~) ^O The fOc:l~tnl in,trnment w., .oknowledged before me thi, ~~day of l, 1986, by SCOTT ROLLES. W NESS my hand and OffiCiaull/ My conunission expires: (;!!Z/~';' \ i . I /J .uJ.4MJ.{J ptJ~/ ,B.ot~ry Public sub exception/DCONDO - 3 - j~ () . LAW OFFICES JUt ,1 7 ~ GIDEON I. KAUFMAN A PROFESSIONAL CORPORATION BOX 10001 315 EAST HYMAN AVENUE, SUITE 305 ASPEN, COLORADO 81611 July 16, 1986 TELEPHONE AREA CODE 303 925-8166 GIDEON l. KAUFMAN DAVID G, EISENSTEIN Paul J. Taddune, Esquire Aspen City Attorney 130 South Galena Street Aspen, Colorado 81611 Re: Statement of Exception from the Full Subdivision Process for the Purpose of Condominiumization of Aspen Mountain Townhouses Dear Paul: I have prepared the enclosed Statement of Exception from the Full Subdivision Process for the Purpose of Condominiumization, of Aspen Mountain Townhouses pursuant to the approval received by City Council on May 16, 1986. Please review this document, and if it meets with your approval, execute it and return it to me. Very truly yours, LAW OFFICES OF GIDEON I. KAUFMAN, a Professional Corporation By 2:::~pu~~V~ BKP/bw Enclosures cc: John Olson -"r "::'" ,t"""\ ~ MEMORANDUM FROM: Mayor and City Council Ron Mitchell, Acting City Manager Steve Burstein, Planning Office ~ TO: THRU: RE: Aspen Mountain Townhomes Condominiumization DATE: May 16, 1986 ---------------------------------------------------------------- ---------------------------------------------------------------- ZONING: L-2 <-,c_ ~ LOCATION: 623 S. Monarch, Lot 11, Block 1, Connors Addition to the City of Aspen. APPLICANT'S REQUEST: The appl icant proposes to condominiumize the three (3) recently built to~mhome units and requests to be exempted from the six (6) month minimum lease restriction and right-of-first-refusal under Section 20-22(c) of the ~lunicipal Code. BACKGROUND: The existing structure is a reconstruction of two structures that contained a total of five (5) residential units. The original structures were non-conforming as to setbacks. FAR, open space, residential density and par king requirements. Variances were granted by the Board of Adjustment on Harch 28, 1985 (Case No. 85-4) allowing non-conformities in yard setbacks. APPLICABLE SECTIONS OF MUNICIPAL CODE: Section 20-22 of the Municipal Code sets forth the requirements by which a subdivision exception for the purpose of condominiumization may be approved. Included in this section are the following requirements: a. Existing tenants shall be given notice of sale and right of first refusal. b. All units shall be restricted to six (6) month minimum lease restrictions wi th no more than tvlO shorter tenancies per year. c. Demonstration that approval will not reduce the supply of low and moderate income housing must be provided. d. The units shall be inspected by the Building Department prior to condominiumization. 1 r'; ~ Section 20-19(c) states: "The City Council may grant exceptions from the application of the standards and requirements of this (Subdivision) Chapter and grant final subdivision approval when the City Council, in its sole discretion and judgment, deems certain requirements to be redundant, serve no public purposes and be unnecessary in relation to the land use policies of the City of Aspen under the facts and circumstances presented and, notwithstanding the exception finds that the proposed subdivision will substantially comply with the design standards of this Chapter." Section 20-l9(a) states the findings \~hich must be made by the Planning Commission (and by extension, City Council) for granting a subdivision exception~paraphrased as follows: (1) There are special circumstances or conditions affecting the subject property such that the strict application of the provisions of this Chapter would result in undue hardship. (2) The exception is necessary for the preservation and enjoyment of a substantial property right; and (3) Granting the exception ~Till not be detrimental to the public ~Telfare or injurious to other property in the area in which it is situat~d. PROBLEM DISCUSSION: A. REFERRAL COMMENTS 1. Engineering Department - In a memorandum from Jim Gibbard dated April 30, the following comments were made: a. An area should be designated for a trash dumpster. b. The plat should include the surveyor's signature and seal as well as other required signature blocks. 2. Housing Authority - On May 1, 1986 the Housing Author~ ity reviewed the application with regard to impact on the supply of low and moderate income housing and concluded that a deed-restriction to employee housing guidelines is not appropriate. An affidavit was submitted from former owners Ted and Mary Armstrong attesting to the rental history of the old units prior to demolition, exceeding employee housing guidelines. Attorney Kaufman states in the application, verified by 2 ,...." ~ \:J signature of John Olson, that been short-termed and rented employee housing guidelines. B. STAFF COMMEN'rS: In condollliniumization of a multi-family residential structure, the main issues are displacement, the effect on employee housing, six month minimum lease restric- tion (long-terming), health and safety of living conditions and platting requirements. the rebuilt units, have well in excess of the The Housing Author ity determined that the units have not fallen within the employee housing guidelines and we agree with their recommendation that no units be deeq-restricted. Wi th regard to displacement and long-term restrictions, the applicant believes that neither the notice of s.ale and right-of-first refusal nor the six-month minimulll,deed restr iction should apply to the Aspen Mountain Townhomes. The intention of the L-2 zone in Section 24-3.2 is: "To encourage construction and renovation of lodges in the area at the base of Aspen Mountain and to allow construction to tourist oriented single-family, duplex and multi-family units." Therefore, it is reasonable that given the location of the. townhomes and their current use al:;, s119rt:-~l7rma<:<:OlTlIll9qil.:- tions, the requirements for the six month minimum deed' restriction and right of first refusal "would serve no public purpose and be unnecessary in relation to the ~and Use policies of the City" and should be exempted. The recent precedents for this exception include the approvals granted to 700 S. Galena and the residential units in the ~spen Mountain Lodge. ADVISORY COMMITTEE VOTE: On May 6, 1986, the Planning and Zoning Commission passed a motion, 3 in favor, 1 opposed, to recommend approval by Council of the reCJ.uested subdivision exception for the purpose of condominiumization of the Aspen Mountain Townhomes subject to the four (4) conditions listed below. RECOMMENDED MOTION: "Move to. grant the requested subdivision exception for the purpose of condominiumization subject to the following conditions: 1. A Statement of Subdivision Exception shall be filed to the satisfaction of the City Attorney prior to recordation of the plat. 2. The applicant shall agree to join the Special Improvement District for the lodge area and any other special districts that include this property and shall state this commitment 3 r,j ~ in the statement of Subdivision Exception. 3. A plat shall be filed with the Clerk and Recorder of Pitkin County to the satisfaction of the City Engineer which includes designation of a trash dumpster area and common element areas in the yards. 4. The Aspen Mountai n Townhomes Condominiumization shall be excepted from the requirements of Section 20-22(a) and (b), right-of-first-refusal to the existing tenant and six (6) month minimum lease restriction, based 0 the finding that, in this unique case, there would be, no public purpose served by such requirements, the requirements would' be unnecessary in relation to the land use policies of the City of Aspen under the facts and circumstances presented, and granting this exception will not be detrimental to the public welfare or injurious to other property in the area." SB.ll 4 '----:\ .../'C" -.. f'. " I} MEMORANDUM TO: THE HOUSING AUTHORITY BOI,RD OF THE CITY Of ASPEN, AND PITKIN COUNTY, COLORADO FROM: ANN BOW~ffiN, PROPERTY MANAGER DATE: APRIL 24, 1986 ASPEN MOUNTAIN TOWNHOUSES CONDOMINIUHI2ATION PARCEL IDi 2735-l31-20~003 Case No. 07A-86 RE: ISSUE: The application requests exception from the full subdivi- sion process for the condominiumization of three existing units located in one structure, known as the Aspen Mountain Townhouses. The issue is whether the applicant should be obligated to prov1de employee housing. BACKGROUND: The applicant represents "There ,iere formerly five residential units on the subject property, four in one structure o.nd one in another. The t\,"O stt'ucturGs ,.;ere found to contain many deficiencies under the Uniform Housif!g Code. '1'he applicants acquired the property in April, 1985, and have replaced the two structures containing five units with one structure containing three units. Prior to the demolition and reconstruction, the four-unit wood frame a.l,;;rtment building contained Units, 2,3,4 a!1(L,~,~", Uni.t 3 had been occupied by the prior oviner's son for the preceding eighteen (18) months. Unit 4 had been occupied by the prior owner's mother for the preceding eighteen (18) months. Unit 5 had beeI'! occupied by the prior owners for the preceding eighteen (18) months. Unit 3, containing 500 square feet, had been rented at a monthly rental of $650.00 per month for the preceding eighteen (18) months. Unit 1, a log cabin, contaif!ed 528 square feet, and had been rented for $650.00 for the preceding eighteen (8) months. The above described rental history shows that the former units were not renting within the then current guidelines for low, moderate or middle income housing, and that therefor, condominiumization approval shall not require employee housing restrictions. The existing three units are rented on a short- term basis." '1'he appl icant further states U '1'he requi rement for prov 1ding a right of first refusal to existing tenants stated in Section' 2-- 22 (a) is inappropriate in this instance due to the short term nature of the rental arrangements. ' The six (6) month minimum lease requirement specil:ied in Subsec- tion 20-22 (b) is not applicable to this property since the property is located in the Lodge Zone. Units in the Lodge Zone are intended to remain in the short-term rental market to be used as temporary accommodations available to the general public. -'-<' . ~. I""'>; ~ , .4 The approval of this application will not reduce the supply of low and moderate income housing, a requirement for condomin- iumization under Subsection 20-33 (c), since the proposal has no effect on the size or number of uni ts. The uni ts are newly constructed units and the market will dictate the rental costs of the units. The units are presently rented on short-term basis. HOUSING STAFF COMMENTS: The Housing Office agrees wit~ the applicants' representations but asked for additional backup information regarding the earl ier rental history. The response from Gideon Kauffman's office is attached as Exhibit I. After conversation with Mr. Kauffman the Housin9 Office recommEnds approval of the request for condominiumization and suggests that no employee generation will be required. ACTION NEEDED: Approval of Housing Office recommendation. 2 /"",, ~ MEK>RANDUM FRO/[: Aspen Planning and Zoning Commission Steve Burstein, Planning Office Aspen Mountain Townhomes Condominiumization TO: RE: DATE: May 6, 1986 ---------------------------------------------------------------- ---------------------------------------------------------------- ZONING: L-2 LOCATION: 623 S. Monarch, Lot 11, Block 1, Connors Addition to the City of Aspen. APPLICANT'S REQUEST: the three (3) recently exempted f rom the six Section 20-22(c) of the The applicant proposes to condominiumize built townhome units and requests to be, (6) month minimum deed-restriction under Municipal Code. BACKGROUND: The existing structure is a reconstruction of two structures that contained a total of five (5) residential units. The original structures were non-conforming as to setbacks, FAR, open space, residential density and parking requirements. Variances were granted by the Board of Adjustment on March 28, 1985 (Case No. 85-4) allowing non-conformities in yard setbacks. APPLICABLE SEcrIONS OF MUNICIPAL CODE: Section 20-22 of the ~Iunicipal Code sets forth the requirements by which a subdivision exception for the purpose of condominiumization may be approved. Included in this section are the following requirements: a. Existing tenants shall be given notice of sale and right of first refusal. b. All units shall be restricted to six (6) month ml.nl.mum lease restrictions with no more than two shorter tenancies per year. c. Demonstration that approval will not reduce the supply of low and moderate income housing must be provided. d. The units shall be inspected by the Building Department prior to condominiumization. Section 20-l9(c) states: ''The City Council may grant exception from the application of the standards and requirements of this (Subdivision) Chapter and grant final subdivision approval when the City 1"""\ ~ Council, in its sole discretion and judgment, deems certain requirements to. be redundo,l}t, serve no public purposes and be unnecessary in relation to the land use policies of the City of Aspen under the facts and circumstances presented and, notwithstanding finds that the proposed subdivision will substantially comply with the design standards of thi s Chapter. " This section gives council the ability to grant the subdivision exception for condominiumization,Ciswell, Cifle~~I)1pt the property from the six (6) month minimum leasedeed-rest:dction. ' PROBLEM DISCUSSION: A. REFERRAL COMMENTS 1. Engineering Department - In a memorandum from Jim Gibbard dated April 30, the following comments were made: a. An area should be designated for a trash dumpster. b. The plat should include the surveyor's signature and seal as well as other required signature blocks. 2. Housing Autho.rity - On May 1, 1986 the Housing Author- ity reviewed the application with regard to impact on the supply of low and moderate inco.me,hotlsing and concluded that a deed-restrictipn to~mployee housing guidelines is not appropriate. An affidavit was submitted from farmer, own,er s Ted and ~lary Armstrong attesting to the rental history of the old units prior to demolition, exceeding employee housing guidelines. Attorney Kaufman states in the application, verified by signat ure of John 01 son, that the rebuilt unit s, have been short-termed and rented well in excess of the employee housing guidelines. ' B. STAFF COMMENTS: In condominiumization of a multi-family resident ial struct ure, the mai n issues are di splacelllent, the effect on employee housing, six month minimum lease restric- tion (long-terming), health and safety of living conditions and platting requirements. The Housing Authority determined that the units have not fallen withi,n. theelllployee housing guidelines and we agree with their recomlllendo,tion that no units be deed-restricted. ' vlith regard to di splacement and long-term restrictions, the applicant believes that neither the notice of sale and right-of-first refusal nor the six-month minimum deed restriction should apply to the Aspen Mountain Townhomes: The intention of the L-2 zone in Section 24-3.2 is: .01. "v A ,-. '} liTo encourage construction and, r~novation of lodges in \ r,j;he area at the base of Aspen 110untain and to allow, ~""\h,',..'."',!c,o"n",,stru..c',,t, i,o"n",.to,','"".to,ur1',st"""or l' ent,ed sl"n gl.e..,familY,duPlex . . and multi-family units." " '. eefore, it is reasonable that given the location of the ( towrihomes and their current use.as short..term accomm()da- \~c!ns, the requirements for the six month minimum deed restriction and right of first refusal "'~ould serve no publ ic purpose' and be unnecessary in relation to the land use policies of the City" and should be exempted. The recent precedents for this exception include the approvals oranted to 700 S. Galena and the residential units in the ba se mount ai n lodge. RECOMMENDATION: The Planning Office recommends to the Planning Commission to recommend approval by Council of the requested subdivision exception for the purpose of condominiumization subject to the following conditions: 1. A Statement of Subdivision shall be filed to the satisfac- tion of the City AttornEY prior to recordation of, the plat. 2. The applicant shall agree to join the Special Improvement District for lodge area and any other special districts that include this property and shall state this commitment in the Statement of Subdivision Exception. 3. A plat shall be filed with the Clerk and Recorder of Pitkin County to the sati sfaction of the fi ty Engi neer whi ch includes designation of a trash dumpster area and common element areas in the yards. SB.7 r'\ f") ~~ "To encourage construction and renovation of lodges in the area at the base of Aspen ~lountain and to allow construction to tourist oriented single-family, duplex and multi-family units." Therefore, it is reasonable that given the location of the townhomes and their current use as short....term, accolllm()da- tions, the requirements for the si~",lllonthminim,\lm deed restriction and right of first refusal "wo'uld serve"no publ ic purpose and be unnecessary in relation to the land '" use policies of the,Citylland should be,exempted. The recent precedent s for thi s except ion incl ude the approval s gr anted to 700 S. Galena and the residential units in the base mount ai n lodge. Platting requirements include an accurate survey and other features mentioned in the Engineering Department comments. Yard dimensions are an item of co~cern to the Building Department to enable them to check whether the .!3t:ruct urewas built according to area and bulk requirements and variances granted thereto. ' RECOMMENDATION: The Planning Office recommends t.ot;he Pla~ning Commission to recommend approval by Council of the requested subdivision exception for the purpose of condominiumization subject to the following conditions: 1. A Statement of Subdivision shall be filed to the satisfac- tion of the City Attorney prior to recordation of the plat. 2. The applicant shall agree to join the Special Improvement District for lodge area and any other special districts that include this property and shall state this commitment in the Statement of Subdivision Exception. 3. A pI at shall be filed with the, Cl er k and Recorder of pi tki n County to the satisfaction of the city Engineer which ~L<:"';>;"''' o.l1,of th<;;<;()~,m~nto of the,c.i..ty--Engineedll," , De.panment:'s memo 01: April 30, 1966-. SB.;' i.o\",(" I~ 4 A-r("h JiJl'"'f'1.,1WU t,.kl;if!I7i'.q~ ftffl/Yl'<>, J,;,,,..,J 11/~"'d, f1 ~ ' "':;,'-...:!" ,,""- r'~ } t'"\ t} MEMORANDUM TO: STEVE BURSTEIN, PLANNING OFFICE ANN BCMMAN, PROPERTY MANAGER FROM: DATE: MAY 5, 1986 ASPEN MOUNTAIN TOWNHOUSES CONDOMINIUMIZATION PARCEL ID# 2735-131-20-003 Case No. 07A-86 RE: ISSUE: The application requests exception from the full subdivi- sion process for the condomini umization of three existing units located in one structure, known as the Aspen Mountain Townhouses. The issue is whether the applicant should be obligated to provide employee housing. BACKGROUND: The applicant represents "There were formerly five residential units on the subject property, four in one structure and one in another. The two structures were found to contain many deficiencies under the Uniform Housing Code. The applicants acquired the property in April, 1985, and have replaced the two structures containing five units with one structure containing three units. Prior to the demolition and reconstruction, the four-unit wood frame apartment building contained Units, 2,3,4 and 5. Unit 3 had been occupied by the prior owner's son for the preceding eighteen (18) months. Unit 4 had been occupied by the prior owner I s mother for the preceding eighteen (18) months. Unit 5 had been occupied by the prior owners for the preceding eighteen (18) months. Unit 3, containing 500 square feet, had been rented at a monthly rental of $650.00 per month for the preceding eighteen (18) months. Unit I, a log cabin, contained 528 square feet, and had been rented for $650.00 for the preceding eighteen (18) months. The above described rental history shows that the former units were not renting within the then current guidelines for low, moderate or middle income housing, and that therefor, condominiumization approval shall not require employee housing restrictions. The existing three units are rented on a short- term basis. n The applicant further states " The requirement for prOViding a right of first refusal to existing tenants stated in Section 2- 22 (a) is inappropriate in this instance due to the short term nature of the rental arrangements. The six (6) month minimum lease requirement specified in Subsec- tion 20-22(b) is not applicable to this property since the property is located in the Lodge Zone. Units in the Lodge Zone are intended to remain in the short-term rental market to be used as temporary accommodations available to the general public. The approval of this application will not reduce the supply of ~--,-"":'.."-''''' r"\ r\ low and moderate income housing, a requirement for condornin- iumization under Subsection 20-33 (c), since the proposal has no effect on the size or number of units. The units are newly constructed units and the market will dictate the rental costs of the units. The units are presently rented on short-term basis. HOUSING AUTHORITY RECOMMENDATION: The Housing Authority recom- mends approval of the request for condominiumization and requires no employee generation will be required. 2 , ('j n Yo"'''' ...~'i""~' MEOORANOOM FRON: Aspen Pl anni ng and Z oni ng COInmi ssi on Steve Burstein, planning Office TO: RE: Aspen r'lountain To\.,rnhomes Condornini.umization DATE: May 6, 1986 ================================================================ ZONING: L-2 LOCATION: 623 S. Monarch, Lot 11, Block 1, Connors Addition to the City of Aspen. APPLICANT'S REQUEST: the three (3) recently exempted f rom the six Section 20-22(c) of the The appl icant propo se s to condomini umize built townhome ur.its and requests to be (6) month minimum deed-rest r ict ion under Municipal Code. BACKGROUND: The existing structure is a reconstruction of two structures that contained a total of five (5) residential units. The original structures were non-conforming as to setbacks, FAR, open space, residential density and parking requirements. Variances were granted by the Board of Adjustment on March 28, 1985 (Case No. 85-4) allowing non-conformities in yard setbacks. APPLICABLE SECTIONS OF MUNICIPAL CODE: Section 20-22 of the Hunicipal Code sets forth the requirements by which a subdivision exce];tion for the purJ:Xlse of condominiumization may be approved. Included in this section are the following requirements: a. Existing tenants shall be given notice of sale and right of first refusal. b. All units shall be restricted to six (6) month minimum lease restrictions with no more than t\.,ro shorter tenancies per year. c. Demonstration that approval will not reduce the supply of 10., and moderate income housing must be provided. d. The units shall be inspected by the Building Department prior to condominiumization. Section 20-19(c) states: ''The City Council may grant exception from the appl ication of the standards and requirements of this (SUbdivision) Chapter and grant final subdivision approval when the City " f\ (l ,., ,:t, Council, in its sole discretion and judgment, deems certain requirements to be redundant, serve no public purposes and be unnecessary in relation to the land use policies of the city of Aspen under the facts and circumstances presented and, notwithstanding finds that the proposed subdivision will substantially comply with the design standards of thi s Chapter. " This section gives Council the ability to grant the subdivision exception for condominiumization as well as exempt the property from the six (6) month minimum lease deed-restriction. PROBLEM DISCUSSION: A. REFERRAL COMMENTS 1. Engineering Department - In a memorandum from Jim Gibbard dated April 30. the following comments were made: a. An area should be designated for a trash dumpster. b. The plat should include the surveyor's signature and seal as well as other required signature blocks. 2. Housing Authority - On May 1, 1986 the Housing Author- ity reviewed the application with regard to impact on the supply of low and moderate income housing and concluded that a deed-restriction to employee housing guidelines is not appropriate. An affidavit was submitted from former owner s Ted and ~lary Armstrong attesting to the rental history of the old units prior to demolition, exceeding employee housing guidelines. Attorney Kaufman states in the application, verified by signature of John Olson, that the rebuilt units, have been short-termed and rented well in excess of the employee housing guidelines. B. STAFF COMMENTS: In condominiumization of a multi-family residential structure, the main issues are displacement, the effect on employee housing, six month minimum lease restric- tion (long-terming), health and safety of living conditions and platting requirements. The Housing Authority determined that the units have not fallen within the employee housing guidelines and we agree with their recommendation that no units be deed-restricted. With regard to di splacement and long-term restrictions, the applicant believes that neither the notice of sale and right-of-first refusal nor the six-month minimum deed restriction should apply to the Aspen !10untain Townhomes. The intention of the L-2 zone in Section 24-3.2 is: , ("') t) ~ "To encourage construction and renovation of lodges in the area at the base of Aspen /1ountain and to allO\~ construction to tourist oriented single-family, duplex and multi-family units." Therefore, it is reasonable that given the location of the townhomes and their current use as short-term accommoda- tions, the requirements for the six month minimum deed restriction and right of first refusal "would serve no publ i c pu r FO se and be unnecessary in rel ation to the land use policies of the City" and should be exempted. The recent precedents for this exception include the approvals oranted to 700 S. Galena and the residential units in the ba se mount ai n lodge. RECOMMENDATION: The Planning Office recommends to the Planning Commission to recommend approval by Council of the requested subdivision exception for the purpose of condominiumization subject to the following conditions: 1. A Statement of Subdivision shall be filed to the satisfac- tion of the City Attorney prior to recordation of the plat. 2. The applicant shall agree to join the Special Improvement District for lodge area and any other special districts that include this property and shall state this commitment in the Statement of Subdivision Exception. /"m> f,3j A plat shall be filed ~Iith the Clerk and Recorder of Pitkin '-, County to the satisfaction of the City Engineer which includes designation of a trash dumpster area and common element areas in the yards. SB.7 r~Jl. 1""", I'} v , . !l . , \ ;:Iv G 1w ,9, "To encourage construction and renovation of lodges in the area at the base of Aspen ~!ountain and to allow const ructi on to touri st or i ented si ngl e-family, dupl ex and multi-family units." Therefore, it is reasonable that given the location of the townhomes and their current use as short-term accommoda- tions, the requirements for the six month minimum deed restriction and right of first refusal "\>/ould serve no publ ic purIX)se and be unnecessary in relation to the land '" use policies of the City/land should be exempted. The recent precedents for this exception include the approvals granted to 700 S. Galena and the residential units in the base mountain lodge. Platting requirements include an accurate survey and other features mentioned in the Engineering Department comments. Yard dimensions are an item of concern to the Building Department to enable them to check whether the structure was built according to area and bulk requirements and variances --granted thereto. RECOMMENDATION: The Planning Office recommends to the Planning Commission to recommend approval by Council of the requested subdivision exception for the purpose of condominiumization subject to the following conditions: 1. A Statement of Subdivision shall be filed to the satisfac- tion of the City Attorney prior to recordation of the plat. 2. The applicant shall agree to join the Special Improvement District for lodge area and any other special districts that include this property and shall state this commitment in the Statement of Subdivision Exception. 3. A plat shall be filed with the Clerk and Recorder of Pitkin County to the satisfaction of the City Engineer which a.ckl-r.,:;::H:::; all of th., <.:umment-a of th-e-Ci_ty--ErrgtneeLing ~DcpaLtm~ntl~ memo of Apri~ ~~~~~ , SB.7 I hcl".(" (&.~...., 4 ft -I(,,~ J'''p!;r"",< ""I ,,~~~ ,,1)""'" ~/;'r>"j ~';/#I/, iN ,~ . r"\ r'1 ;) Memorandum TO: Steve Burstein, Planning Office FROM: Jim Gibbard, Engineering Department ~ DATE: April 30, 1986 RE: Aspen Mountain Townhouses Condominiumization Parcel ID # 2735-131-20-003 Case No. 07A-86 In reviewing the material submitted and making an inspection of the site, I have the following comments to make: 1. An area should be designated for a trash dumpster. 2. v7hen the plat is submitted, it should include the surveyor's signature and seal as well as notarized signatures on the Owners Certificate. 3. Due to the narrow width of Gilbert Street, any further con- struction activi ty should be contai ned on the property so as not to block the street. Thank you. JG/AspenMtTownhouses cc: Jay Hammond r; n c....:::; LAW OFFICES GIDEON I. KAUFMAN GIDEON 1. KAUFMAN DAVID G. EISENSTEIN A PROFESSIONAL CORPORATION BOX 10001 315 EAST HYMAN AVENUE, SUITE 305 ASPEN. COLORADO 81611 April 21, 1986 TELEPHONE AREA CODE 303 925-6166 Ms. Ann Bowman pitkin County Housing Authority 0100 Lone Pine Road Aspen, Colorado 81611 Re: Aspen Mountain Townhouses Condomtniumization r .' Dear Ann: Per our telephone conversation on Friday, I write this letter to clarify any questions that might exist concerning the condominiumization of the three-unit project presently being sought. The project was purchased from Ted Armstrong. At the time of the purchase, we secured the Affidavit from him stating that the property was occupied by family members, and that the two units that were rented exceeded the guidelines. This Affidavit was necessary because Ted Armstrong was leaving town, and his record keeping was not the greatest. We did not have good records or releases from him to establish the then applicable rates. After the unit was sold to my clients, my clients did not rent out the property until after it WaS torn down and rebuilt. This Winter, it was occupied on a short-term basis for very high rental rates, clearly outside of any low or moderate income guidelines. I believe that the Affidavit from Ted Armstrong, along with this clarification information, should be sufficient to find that the property is not subject to any rental restrictions. If you feel it would be helpful, I would be more than happy to attend the board meeting this week to answer any additional questions. Thank you for your help and consideration. Very truly yours, LAW OFFICES OF GIDEON I. KAUFMAN, a Professional Corporation !ilf By Gideon Kaufman v GK/bw cc: Rolles, Olson & Rolles Partnership ,~.,' ~~:& GIBSON & RENO '. ARCHITECTS The "Rblles" Townhouses 624 South Monarch ASPlln, Colorado Summary of Floor Area Calculations and G'lass Area Calculations as submitted 5-10-85: 1281 S.F. 1443 S.F. 1238 S.F. 3962 S.F. Allowable Glass 3962 SF. x 12.5% = 495.25 S.F. Lower Level Floor Mid LevE>l Floor Upper Level Floor Actual Glass (not including south facing glass) 371.69 , 418 E. COOPER AVENue -E07 303/925,5968 ASPEN. CQLORAOO 81611 ___"_"" ,~, 'F '" '"' ,^,^ Ct"'--'..~.'""",-""'-'"" ". ~.. r:"< ' ',;; NOTICE OF PUBLIC HEAR;m~iJ CASE 185-4 r I f l' BEFORE THE CITY OF ASPEN BOARD OF ADJUST~1ENT '1'0 ALL PROPERTY Ol'1NERS AFFECTED BY THE REQUESTED ZONING OR USE VARIANCE DESCRIBED BEL<X'T: pursuant to the Official Code of Aspen of June 25, 1962, as amended,' a public hearing will be held in the Council Room, City Hall, Aspen, Colorado, (or at such other place as the meeting may be then adjourned) to consider an application filed with the said Board of Adjustment requesting authority for variance from the provisions of the zoning Ordinance, Chapter 24, Official Code of Aspen. All persons affected by the proposed variance are invited to appear and state, th~ir views, protests or objections. If you cannot appear personally at such meeting, then you are urged to state your vie\vs by letter, particularly if you have objection to such variance, as the Board of Adjustment ~ilJ. give serious consideration to the opinions of surrounding property owners and others affected in deciding whether to grant or deny the request for variance. The particulars of the hearing and of the requested variance are as follows: Date and Time of~eetin9: Date: Time: Thursday, March 28, 1985 4:00 p.m. OWner for Variance: Appellant for Variance: Name: Ted Armstrong Address: 623 S. Monarch Aspen, CO 81611 John Olson 'P.O. Box 10147 Aspen, CO 81612 Location or description of property: Location: 623 South Honarch Desc ription: Lot 11, Block I; !0I7110f',/l!ddllt{l/ variance Requested: Property is located in the L-2 zoning category. structure is currently nonconforming by exceeding FAR and encroaching into setbacks. Applicant appears to be requesting to increase the floor area by less than 600, square feet. Section 24-13.3 (a): no such nonconforming structure may be enlarged or altered in a way" which increases its noncon- fOrI:nity. Applicant also appears to be requesting a rear yard setback vanance of 4' _9" and a side yard setback variance of l' -8". Section 24- 3.4: area and bulk requirement-rear yard 10'; side yard 2/3 of front yard (2/3 of 10' or 6 I -8") . ' Duration of Variance: Permanent The City of Aspen Board of Adjustment 130 South Galena str~et, Aspen. Colorado 81611 Lavagnino, Chairman Barbara Norris, Deputy City Clerk Remo . . "-""'i...'-'"''-~-''' . .;..,:---:~..- .' - " _._- _ 4 ~i /,ii??PE,~.PITKINC']E:c;ICJ~AL 1?~I~gQ_? DE.PARTME:I\IT November 13, 1984 Ted Armstrong 130 S. Galena St. Aspen, CO 81611 , , ! Dear Ted: On October 29, 1984, this department inspected your premises located at 623 S. Monarch St., at your request, to identify fire, life and safety , hazards. ,Five dwelling units contained ,in two separate buildings were inspected for conditions considered "substandard" as defined in the Uniform Housing Code. ~e deficiencies by unit and in general follow: Two Story Building (4 units) General ' 1. Repair deteriorated exterior'stairways. 2. Water heater vent on north side of building must extend above roof. 3. The electrical service on the north side of building requires support for tbe subfeed cable, and waterpipe and supplemental grounding. 4. Emergency egress/rescue windows must be provided from all sleeping rooms. The "legal" required size for these windows is at least 5 square feet of net clear opening with no dimension less than 22 inches. 'The sill height cannot be more tban 48" from the floor. 5. Smoke detectors must be installed on the ceiling outside of sleeping rooms. 6. Provide a "ground-fault circuit-interrupter" protected receptacle in all bathrooms.' . '. Top Floor Unit 1. Check all electric?lreceptacles for grounding and polarity. Several receptacles have reversed polarity. 2. Provide permanent, 3'-wire connection for disposal and counter mixer now wired with extension cord. 3. The flourescent,fixture in the living room closet is closer than 6" to the stol:age shelf. It must be moved, and the loose wiring secured. 4. Add a receptacle for the counter, area, to the right of the kitchen sink. Ground Floor West Unit 1. Secure dangling wire in entry closet. 2. Electrical panel needs a cover. offices: 110 East; HallfJm !;t;reet; Aspen. Colorado S1611 303/925-5973 mail address: 506 East Main Street ~,,;:,I,' .' i';"'-<"-""'~ Aspen. Colorado 61611 ,_.. , F -..~ Ted Armstrong November 13, 1984 Page 2 (7 ~ f'lO " . . Ground Floor East Unit 1. The incandescent fixture in the living room closet is too close to the storage shelf. An enclosed fluorescent type ,fixture will work in that location. Basement Unit 1. Provide a handrail on basement stairway. 2. Provide a smoke detector in the storage area that will sound in the bedroom because the storage/utility room is a likely area for a fire, and it is between the unit and the exit, early warning to a sleeping Occupant is necessary in the event of a fire in this area. 3. Cover open junction boxes in the ceiling and complete any incomplete wiring. 4. Permanently wire the disposal. 5. Exposed wire splices at the furnace must be concealed in an electrical box. t Separate Pan Abode Unit 1. Repair roof leak and replace damaged drywall on ceiling. 2. Check all electrical receptacles for' grounding and polarity. 3. Remedy the unsafe wiring method at water heater and range. 4. The location of the electrical panel is not "readily accessible" in the kitchen cabinet. The correction of the above mentioned deficiencies will not bring your buildings --utLtO ~~nt~odes',' Our ir,tent is to prov:fde"s~fe-.md-habfCabl,,"-u~11':;:' by -requiring minimum improvements that yield maximUm safety benefits. If we may be of further assistance, please contact us. . ... Sincerely, ~ Chief Building Official ..... I 1'1 '...------- ..._,.-....,..",.., .,.,.....,..,.'....-'--...;r.. ...~"..' ,- .~: ~,.~,-..".".":...".,.,.. ."~~., '".'n~.".'._',.:.,.,. ."..~w..,..',...,- ~ n .). ASPEN/PITKIN PLANNING OFFICE 130 S. Galena Street Aspen, Color~do 81611 (303) 925-2020 13~uhUOv~(Lil:S G~~ ~3\SE..~ ~ Co ", ~ J.<<v..., RE: ~ --yvt..+n ,'l~ ~bhU-Yl~. () Dea r-;fV," ~ A..--" This is to inf()rm you that the Planning Office has preliminary review of your (flAtiAlM.<AU2f~ application , ness. We have determined that your application X completed .its for complete- is complete. is not complete. The additional items we will require are as follows: Disclosure of ownership (one copy only needed). Adjacent property owners list (one copy only needed). Additional copies of entire application. Authorization by owner for representative to submit application. Response to the attached ing compliance with the regulations of the Code, or A check in the amount of $ list of items demonstrat- applicable policies and other specified materials. is due. A. Since your application is complete, we have scheduled it for review by the "Ytlhlf""'1f)f',.-nI.AfU.<<1Jrl\--On ~.;2b . We will be calling you i e need any addition information pri or to that date., In any case, we will be call ing' you. several days prior to your hearing to make a copy of the revie~randum available to you. please note that it (is) 1S not your responsibility to post your property with a sign, 1ch we can provide you. B. Since your application is incomplete, we have not scheduled it for public review at this time. When we have received the materials we have requested, we will be happy to place you on the next available agenda. Pl,ease feel free to call,;}"',;".... ~ , who is the planner assigned to this case, if you have any questions. )( Sincer ely, ASPEN/PITKIN PLANNING OFFICE ~!:~~ and Development Director AR:jlr - t""'\ (j ASPEN!PIT~IN PLANNING OFFICE 130 S. Galena Street Aspen, Colorado 81611 (303) 925-2020 (,', II \...r-.....,~c.- ,\-'i,~~.....~""'-0 '^ ~,..,:.. I...-:.,c.c \ ~ . ~ .., \1.._, _........ ",.~\"c."o ,': ,,\..'") ....'~.l'\ \ ~...,~ \..~(~\\C'\ RE. l\ ., """-\......'~'-v,~\"......~,,;. ,. ..~.\'"- ,_-'..:L -, ~,~"- -~'L-':' \- Dear r, \. C--v\.t..~,,, ...-- This is to inform you that the Planning Office has completed its preliminary review of your 1.-0 -:,...., _'N_ -"...l.--application for compl ete- ness. We have determined that your application is complete. ~ is not compl ete. items we Will require are as follows: The addi tional / Disclosure of ownership (one copy only needed). J Adjacent property owners list (one copy only needed). Additional copies of entire, application. Authorizat;icm by owner for representative to submit application. Response to the, attached list of items demonstrat- ing compliance with the applicable policies and regulations of the Code, or other specified materials. A check in the amount of $ \")>~ is due(oe. ,:.~~.,.......\. \-:-Q.,( "l C i. ......~~ \~.c..-,-\ -:. '*"- ~~ \ u.~'-'-':>,,::. il. S tl \ v.--j""L I.t', ,~,.~ o\-v e,,,...... c ~ l > --.-,.........-- .-.,..."...,.----... J A. Since your application is complete, we have scheduled it for review by the _on" . We will be calling you if we need any additional information prior to that date. In any case, we will be calling you several days prior to your hearing to make a copy of the revi,ew memorandum availai)l e..to, you. Please note that it (is) (is not) your responsibility to post your property with a sign, which we can provide you. B. Since your application is incomplete, we have not scheduled it for public review at this time. When we have received the materials we have requested, we will be happy to place you on the next available agenda. ~ <\c,,~.z- <~~, '- ~ ~\e '- ;, , who is the planner please feel free to call assigned to this case, if you have any questions. Sincerely, ASPEN!P,;rTKIN PLANNING OFFICE ("'\i 0~~~ Alan Richman, Planning and Development Director AR:jlr -_,_',C",...,':'c..",.. '~,"',~ 1""\ fi 1:; ....). t" ~.....-.:.........:" ". t .....;_~,,: e \r.,;r-~' '''.j'' ........Lt. !<-.A. ... """":;~ "i'~~""l...l;)\4t *, f~' C'. l ~,' CI ! . MEMORANDUM FROM: City Attorney City Engineer Housing Director Aspen Water Department AP"'I;~~~~~'~~*~"~H'crl!ti-~t~a~:Rf,i~€f'iE~", Fire Chief Roaring Fork Energy Center Steve Burstein, Planning Office TO: RE: CARRIAG E HOUSE GMP AMENDMENT Parcel ID# 2735-131-05-002 (Case No. 09A-96) DATE: March 25, ]986 ====~============================================================== Attach~d fqr your t'eviewir allaJ?J?licatiorl submitted by Ralph Melville requesting an amendment to the design of the Carriage House (located at, 294" E. l?ura,l1t Ayellye) , which was granted an alloc:ation f()r" 2} lodge units in the. ]982 tqdge Development Growth MCinagement Competition. _"":"::"~"::_:.""';,:,,:'7'l'4;~::))?--"lP,'W:"'Y;;:wr~,',,;;,\"':@~""_~U7';,"',:<,;"":""*,~""",~_-"-~""v~"" '" ; Please. review this a, '.',licati~:mCinCl't;\ipmft;'<15ll'r"X.f!rEirl1af"~Qrnm-el1ts t9 the Planning Office Plg:~::t:~n1:~tn:~'B""jtp"frt 1~~];9J!,6, in""order to'give this office appropriate time to pret>are for its presentation at a public hearing before the. Aspen Planning and Zoning Commission. If you have any questions, please feel free to contact our office. Thank you. -rNH (' I'0:J eC. T c.Al- P..E 'EO,.....'" r;,. P.,y 7'Hs. 1'$1',,"- C::O",5~'-''''''T'E'':::> 1')lsc..LoorSel'> """"'''1''1 IZA'-~H r1S"-l.,,olc..&.oioZ rHe.., >A-~ I"" TI'''- ~/S11L"I- 1'1'-" H "''''iF ~PE>-ctFI CI'lr(O....S r.>1 ~ TILL c.f" ,L.II-e.. r'" f',E: Me.f If,- T 1-1/: te c- A'-IIC,.If-f~....-r 0 p I~'" p1' ot= ~ tJ. If!.., r-v S()4.../'" f'ttr. I';> AI':;. 1';3'1-1 &;,0 l- S ~.-I""" r"/' ~ /) I $1',It./ ....... /'"f A I- ,.. ~e "- 1""'1 ~ &> ROARING FORK ENERGY CENTER p.o. Box 9950 Aspen, Colorado 81611 (303) 925,8885 April 24, 1986 TO: FR: RE: ;J!:l - Steve Burstein: Aspen Planning Office /.--- steve Standiford: Director , ...- Review Comments on Carriage House GMP Amendment Energy Components Listed below are the RFEC comments on the Carriage House proposed energy conservation features as listed on page 9. 1. Repositioning the decks to .allow the sun to freely enter the bay windows will greatly help in providing a free source of heat for the proposed rooms. This will decrease the amount of conventional, non- renewable energy needed to heat these spaces. 2. Eliminating the use of electric heat was a very wise choice. It may be less expensive to install, but future operating costs would far exceed those associated with hot water heating systems, As well, electricity generated from centralized power plants Creates a great deal of environmental pollution. Further, over b,o-third's of the the electrical energy generated at the power plant is lost in the transmission to itYsend use. 3. Using mass floors for storing solar energy is orieof tne most cost- effective strategies for helping to heat spaces. This excellent feature is reinforced' with above code insulation levels whicn will help retain this stored heat, thus reducing utility bills. 4. The active solar heating system is another welcome change from the 1982 proposal. Although, it must be s1:i:essed that the 12 solar panels will only assist the conventional heating system and not provide all the heat needed. This is a good strategy though because trying to serve 100% of the heating load would be very tinec:onomical, The exiwt percentage is impossible to define without further iniormation on the system. It would probably be less than 50%. In summary, all of the proposed changes look very good from an energy conservation perspective. Using both passive solar features and an active solar system makes sense. This blending of renewable energy components should make for an energy-efficient develOpment:, Bas,;d on the limited amount of detail available for our review, we have nothing but praise for the Carriage House Amendment's energy components. A B,anch of the Colorado Office of Energy Conservation j I I "I I i it TO: --'",,", ",_,C""."",._ ""-" '_"^,,,~ ,;~_ ,-__~'_'" y.".'". .,,'.,"'-~ , . "" -"'." -',~, -'-""" ,_ -"""'''''';'"~:';~'';~';'{_:-'_'_'_'''''''' "~<,,,,^,:..;;,,~;;';"{;;"""~'~-"":';_':~,;:":;'!,<_,,,,:;\,:'_;*;f~V*"0~-:;';;:)">,:',".;!~M';;;;;;'Ii ~, ~' I ASPEN.PITKIN ' I ENV'FlQ~MENT~~, H,~A!J:]:L.~se~-'!~m!<"'l<'"'.",_#",,~i ~ ill I I I 'Ii i(d ~ IIJ ~ ill i l!! i ~ ~ '" .. I Ii! i ~ ~ ~ I ; ~ I MERORANnOR D rn@~a~fgrn .-8. UJ !. ,.,'l steve Burstein Planning Office FROM: Thomas s. Dunlop,- Director-:rsD Env f ronmental Heal th"Depf;' ',""" DATE: April 7, 1986 RE: Carriage House' GMP' Amendment, Pa.rc:~l.I'J:)~ .1I.27~!5::-1.31,,:,Q5-002 ( CaseIlOVk::9,~) -~--'-."--'-:~~--~-~~-~~""~~-~,,~-"'!"'~~~~,~~,~,~,~~-~-~~,~--.~~~-~.~~.--:,:~,--~-~~:~--:~---.~;-'!!,:!'~---~-~-~-!!*,,!-'-..-'....;~ The above mentioned submittal has been reviewed by the AsPen/Pitkin Environmental'1!eal th t5epai:tmenl:"foi'" the following concerns: AIlfPOLLlJ'l'IOlf:; , This concern has been reviewed f'or vehicle pollution, woodburning pollution, restaurant grill poUtition and dem61ftionpofluHon. Vehicle Air Pollution It will 'be the requirement of this office that adequate air handling facilities be designed into ,the ,complex to eliminate any buildut)of "ai r ~ corifamiriat:es' insiae the t.iri'de~rgrouna parking structures. ' WoodbiirninCJ Pollution' The applicantwiIl be required to comply with Ordinance 5, S"eries 9f,l9~6 whichadg~eli!li!e!3 the type, design and numbers of woodburningdevice'salloWed per structure." ,',', Ii!1 j I It is apparent that after a conversation with :Mi. DavJd Gibson (architect) thafonly"one^ conventional fireplace is planned for tnehotel lobby. ~so, one certified woodburning device may be installed in another lQcation within the hoteL' This lsin conformance' 'wi ththe above referenced ordinance and its restrlctions: ' "" ""',, Restaurant Gdll'Pollution Compliance with Section Il':"Z.4 of' the Aspen MUniCipal Code" titled "Rest'aurant Gdlls"wil,l b~ tequired. This section addresses the type of cooking devices which can be installed and operated in new or remodeled food service,,,, establishments. 130 Soutih Galena S,tiraeti' -Aspan, Colorado' B1611 303/925-2020" I I ill m 'II , .. Demolition Air Pollufion According tci the submittal there will bedelllolitiori of -. ,...., . ",^,., ,''': J"':~:-;':~~::":'"",:>" ~;::;;::'. .'::>::'<t"': j~~,z~" <" "'~' ,~ 1""\ ' c Page Two Carriage House'qMPAmendment April 7, 1986, existing structures in preparation, for the pr:oposed new, building construction. . It will b~..a requiremeritof '€he applicant to initiate 'any or all custql.l)ary air pollution c::~lntrQl melH,1IJf:e.!?j:.9...mJ,Ili,.!!Li.~_~ fugitive dust (wind blown) leaving the property. This may take the form of cc;>nti,n~ous water application on the immediate work site through the' use of sprinklers or hoses, use of dust suppressants or fencing the site."Whichever control measure is used, it must be effective. As a point of informaYion, none of the demolished mi'lterials can be burned. It must all be haculed t.<> f!, c'l~,s~.gnated landfill. The demoli tion activities shall comply wi th 'Regulation 1 Se,c!:icon rtr;'"rt; " 2, h t~ tIed-.B~.moi i,tion A9t.i:v,iH,e(>"qt the "Colorado Air Quality Coh€rol1l.~gulatioris. aria An\bi.enct .l\ir Quality Standards"',' Revised March 1983. The applicant shall be responsible for the removal ()fany dirt or mud carryout from the project site onto City streets and state highways. Daily cleaning of impacted streets and highways will be required with, the use of. mechanicalflweepers that will pick up the dirt rathertharisimply pushing it to the curb. The removed dirt will then be redeposited back on the proJect site.' .' .' .. ., ,. F'urther, the appl icant' shaIIdocument, through analytical analysis of the stJ;uctures ,to ,be. r~~ec3, that asbes,tos'does or does not exist within the. builcUngs. This sh,all be completed prior to initiation pf the dem6li tion. The demolition permit can be obtained from' the Colorado :~ali~hD~~~~j~~!1;~ri~~~ ' ~~Ht;Joo~o~~~:E2~o'~llfl~!~~0~2-t~. Dick Fox. ~ho can also De reacheP:a"f'~2Q":,4J80; Thea,sbestos te!lt;ing shall be performed by a private consulting firm which specializes in collection and analysis of. such fibers; ,.c._ ..', c' , " " A copy of the permit ana" asbestos test'results shaH be furnished to this office prior to commencing work on the project. . 'c ' , c." ... Regulation 8 ,S'ectfon '1:r, 4", a'and b of the, "ColoradqAir Qtiality Contro11tegUJ:a'tlonsand Ani6lentAir QuciHty standards" descdbes the necessary precautions to take when asl:1e,~t:q.s is suspected as being present fri~abuilc'li.ng to be demol,ished. ..'...'1' ".' I I I i I ,.. M .,1 I I i I I I I !ll , I '........ ", .. ~, Page Three Car ri age House"' GMP A '1 1 1986 prl , ... Amengment I I I I I I I I HorSE ABATEMEHT: The project will be required to comply with Ordinanpe2, ~~~i~~ 3!ni019in o~i atlde~O~~l; j~I~~a i.~~~tl:laC~E~~ i :tia~~~~~~ will apply'. 'After const't'uction, when: occupancy' Flit'inF tiated, the lower decibel levels of the'~-odge zo-ne will apply. A caution will be expressed at this J:im~that if liv~..or: recorded c;mplifiedinu.sic is generated from the property it will be q~bep.efJt:torj:;he ,applicant to become familiaJ;'.....with the noise ordinance. ,. ,,'.' , , WATER SYSTEM: ' Service""tQ, distriQution office. n' thi!'l projec"t oy'the Aspen Water Department s stem is in conformarice wltholicies of-thIs Y" ....... ....,.... ..............., p ,,,'..' " SEWAG"E"SYS'rEM: Service of this project by the ~~s~lit~1: oirH!:1:~Oll system is 1.Spen Consolidated Siulitiat.i.on in conformance with policies FOOO'''slmVICE ARDLOOHGE AREAS,: Conformance ,wi th the "ltules ianq Regulcitioris Sanitation' of 'J!<o'odSefViceEstablwfsnments in Colorado, July1'978""w rlI"oEtreqli!red."" .....,.., Governing'" The the State of ",""',"':':"7~~"'""~'~"'.:!'1":'1';~~_~~t:::;:'i"!' .e' ~"',,, "',' iii ..I swrMMn1G 'POOLS AND SPAS: Compliance with the" state of Colorado "Swilll11)ing Pool Regu- lations ~ndEtilngcl!;:..gl:!~ "! iJl,.!:?~..,!.equired. "' TD/mac I / ...;'_.... Si;J,oll r', r"\ ',.""' We Ted and Mary Armstrong do"herebyacknowledge that the history of rentals in our five unit complex located at 624 S. Monarch, Aspen, Colorado, "The Armstrong Apartments" have rented as follows for the past eighteen months. UNIT ONE (Log Cabin) Size 22' x 24' 528 sq. feet f!;1i Monthly Rent: $ t, <; {)::;. ,_U '0< ",. ,." ,''''",.n -"", . "// ,~~/ j;,u'1 A5S ,- -fJ Tenant UNIT TWO -. (Basement) Size 20' x 50' 1,000 sq. feet Monthly Rent: $' - 0 .- Tenants for the past eighteen months: This unit has been occupied by owner's son for this eriod of time. /ft l~~I;L-" Tenant UNIT THREE - (Middle Level) Size 20' x 25' 500 sq. feet r;' <;' "'~ Monthly Rent: $ " 0 - Tenants for the past eighteen =n""r"'" ~ ~ L /~ /Iv..!.:., ~ d "7~'" .~ Tenant UNIT FOUR - (Middle Level) Size 20' x 25' 500 sq. feet Monthly Rent: $ - () ------ Tenants for the past eighteen months: The owner's mother has been living in this unit for the time period stated. ~l/t:~"V 1/ /1"1/..)--:1:;.,, 'j UNIT FIVE - (Top level) Size 20' x 50' 1,000 sq. feet Monthly Rent: $ - (: -,. Tenants for the past eighteen months: The owner has occupied this :;;f~th~~tim;;;;~ statei~' // /:;::::>: ~< " , '-C_ / r I I I . ,.~"","" 4, ". ,.",.~.. '~.L< ""-.. f"'.. ~..... ry ----""-~ ~--~.- No tenants have been required to move involuntarily in the preceding eighteen months. None of these units fall within low-moderate or middle income, City of Aspen, employee housing guidelines. Therefore, no employee housing restrictions should be attached to the condominiumization of these units. We the above do hereby swear and affirm that the statements contained above are true and accurate, attested this Is /.l day of April, 1985. / ~- ---..... /~-;~ // /~/ /' ~-c; , y ,<-;' > Ted strong A?U-t.~-<', c?~:Je7;~ Mary Arm: rong , /blo 6T/trE. 0: COlf)fP.DO) ) 55 CoutJT'( op P,-rY--IN J 1H RJf.E:;<"101~ W~6 ACf<tJ001..ED6eD BEFoRE HE. 17+tS IS#. DAY C , , Ie; ,r=72..f<-.Y A SSEFf., AlI5TlrJ or AP{2,/L CS Y TED AP- MST1U:Jrv J pc..:. :GJ6""PoJ ~ HYIi-N'" t>J!-nsrrz.otJG-, -,c f--\~ AI-\ND .f:, Opf--IC,At- lJCAL- WI'DJC5~S' 1Z--"2-Z-3'l 1--1'1 COI-1~ ISS/O.J f'c,,-PIi2E . tJU/AR--Y fU8L)C. 'If~ 7r"r U P.o,80K3h95 ao~ I Co <JIM'}... ~, t; " MEfoI)RANDUM FR01'1: City Attorney City Engineer Housing Director Steve Burstein, Planning Office TO: RE:/Aspen ~lountain Townhouses Condof.1iniumization Parcel ID~ 2735-131-20-003 Case No. 07A-86 DAT,: April 10, 1986 ---------------------------------------------------------------- ----------.------------------------------------------------------ Attached is an application submitted by Gideon Kauff.1an on behalf of his clients Rolles, Olson & Rolles, requesting approval of a condominiumization of the Aspen r'iountain TO~lnhouses. The property is located at 632 S. Honarch in Aspen. Please review this naterial and return your referral comments to th e Pl anni nc:; Off ice no la.ter than rial' 5th. Thank you. NO ;2-6 -;p +- ~ tj (1 \., ",I LAW OFFICES GIDEON I. KAUFMAN BOX 10001 315 EAST HYMAN AVENUE ASPEN, COLORADO 81611 GIDEON l. KAUFMAN DAVID G. EISENSTEIN HAND-DELIVERED April 4, 1986 TELEPHoNE AREA CODE 303 925.8166 Ms. Nancy Crelli Aspen/Pitkin County Planning Office 130 South Galena Street Aspen, Colorado 81611 Re: Application for Approval of plan For Condominiumization for the Aspen Mountain Townhouses Dear Nancy: Pursuant to the notice this office received regarding the above Application, I have enclosed the following: 1. a cashier's check payable to your office in the amount of $1,620.00 for the Planning Office application fee and the review fees by the Engineering and Housing Departments; and 2. the current title policy issued by Lawyer's Title Insurance Corporation dated April 26, 1985, verifying ownership of the subject property by the Rolles, Olson & Rolles Partnership. I personally contacted Pitkin County Title, Inc. on April 2, 1986, to verify that there has been no change in ownership. Thank you for your assistance. Very truly yours, LAW OFFICES OF GIDEON I. KAUFMAN, a Professional Corporation B~~ d;4v-o rbara K. Purv~s BKP/bw Enclosures cc: Rolles, Olson & Rolles '...f "'. "" .i;' ..:. ( t') ( C") kwyers l1tle Insurance (9rporation National Headquarters - Richmond, Virginia Policy Number 85 - 00 - 444461 h SUBJECT TO THE EXCLUSIONS FROM COVERAGE, THE EXCEPTIONS CONTAINED IN SCHEDULE B AND THE PROVISIONS OF THE CONDITIONS AND STIPULATIONS HEREOF, LAWYERS TITLE INSURANCE CORPORATION, a Virginia corporation, herein called the Company, insures, as of Date of Policy shown in Schedule A. against loss or damage. not exceeding the ".;\ amount of insurance stated in Schedule A. and costs. attorneys' fees and expenses which the Company may become obligated to pay hereunder. sustained or incurred by the ins.~r,~J>.y-!eason of: , ,,.,2;~~!~~::,:::~>> ", , 1. Title to the estate or Interest described In Schedule ,~,~~~g;~~'otherwlse than as stated therein; ~" "",' .,'. !:' ," ( 2. Any defect in or lien or encumbrance on ';'u'cA:ii~,~]'~l~~:::r1irtii1::~~,f ~ ,'-" ! ~ t: ,;'~;,Jl';';':\", t, ;/~ -, ,.~~ ~~,' >-; ~~;I' ;; 3. Lack of a right of access to and from;the 'rand; '&'r L, d;;: .~fjt' '--, f' ~,';: ,;."i:'; '''''':;,; "-;' ~" ,T" ,;I>;:o'! ,.- t:"'~--:~ ': ',11 4. Unmarketability of such title. ~~ f. r*'~: "lt~ (. fl t'"f it _~~ _~, 'f"'; ~:, ~ ~l _ IN WITNESS WHEREOF the Company has caused !Ilis 'pOlicY to 'lie t'IIlgned and sealed, to be valid when Schedule A is > "'':0;,;, ,:: ~fu countersigned by an authorized officer or agent of the Company, all i",accordance with its By-Laws. ,~;"" ',' '-" "". "~ < ..,- ,. '" ""'\ fu.wyers lltle Insu~ <9rpomtion OIMC', J~6V^-- President Attest: ~~~ Policy 85/99 Litho in U.S.A. 035-0.085/99.0006/2 Cover Sheet ALTA Owner's Policy Form B . 1970 (Rev. 10.17-70) Copyright 1969 i~::' r~j " l.'~' (; ",: i:~ ""1 I) EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this policy: 1. Any law, ordinance or governmental regulation (including but not limited to building and zoning ordinances) restricting or regulating or prohibiting the occupancy, use or enjoyment of the land, or regulating the character, dimensions or location of any improvement now or hereafter erected on the land, or prohibiting a separation in ownership or a reduction in the dimensions or area of the land. or the effect of any violation of any such law, ordinance or governmental regulation. 2. Rights of eminent domain or governmental rights of pOlice power unless notice of the exercise of such rights appears in the public records at Date of Policy. 3. Defects, liens, encumbrances, adverse claims, or other matters (a) created, suffered, assumed or agreed to by the insured claimant; (b) not known to the Company and not shown by the public records but known to the insured claimant either at Date of Policy or at the date such claimant acquired an estate or interest insured by this policy and not disclosed in writing by the insured claimant to the Company prior to the date such insured claimant became an insured hereunder; (c) resulting in no Joss or damage to the insured claimant; (d) attaching or created subsequent to Date of Policy; or (e) resulting in loss or damage which would not have been sustained if the insured claimant had paid value for the estate or interest insured by this policy. CONDITIONS AND STIPULATIONS 1. Definition of Terms The following terms when used in this policy mean; (a) "insured"; the insured named in Schedule A. and, subject to any rights or defenses the Company may have had against the named insured. those who succeed to the interest of such insured by operation of law as distinguished from purchase including, but not limited to, heirs, distributees, devisees, survivors, personal repreSentatives, next of kin, or corporate or fiduciary successors. (b) "insured claimant"; an insured claiming loss or damage hereunder. (c) "knowledge"; actual knowledge: not constructive knowledge c;>r notice which may be imputed to an Insured by reason of any pubhc records. (d) "land"; the land described, specifically or by reference in Schedule A. and improvements affixed thereto which by law constitute real property; provided, however, the term "land" oves not include any property beyond the lines of the area specifically described or referr~ to in Schedule A, nor any right, title, interest, estate or easement In abutting streets, roads, avenues, alleys, lanes, ways or waterways, but nothing herein shall modify or limit the extent to which a right of access to and from the land is insured by this policy. (e) "mortgage"; mortgage, deed or trust, trust deed, or other security instrument. (f) "public records"; those records which by law impart constructive notice of matters relating to said land. 2. Continuation of Insurance after Conveyance of Title The Coverage of this policy shall continue in force as of Date of Policy in favor of an insured so long as such insured retains an estate or interest in the land, or holds an indebtedness secured by a purchase money mortgage given by a purchaser from such insured, or so long as such insured shall have liability by reason of covenants of warranty made by such insured in any transfer or conveyance of such estate or interest: provided, however, this policy shall not continue in force in favor of any purchaser from such insured of either said estate or interest or the indebtedness secured by a purchase money mortgage given to such insured. , 3. Defense and Prosecution of Actions-Notice of Claim to be given by an Insured Claimant (a) The Company, at its own cost and without undue delay, shall provide for the defense of an insured in all litigation consisting of actions or proceedings commenced against such insured or a defense interposed against an insured in an action to enforce a contract for a sale of the estate or interest in said land, to the extent that such litigation is founded upon an alleged defect, lien, encumbrance, or other matter insured against by this policy. (b) The insured shall notify the Companv promptly in writing (i) in case any action or proceeding is begun or defense is interposed as set forth in (a) above, (ii) in case knowledge shall come to an insured hereunder of any claim of title or interest which is adverse to the title to the estate or interest, as insured..,and_which might cause loss--or damage for which the Company may be liable by virtue ~f this. policy, or Oii) if title to the estate o~ interest, as insured, IS rejected as unmarketable. If such prompt notice shall not be given to the Company, then as to such insured all liability of the Company shall cease and terminate in regard to the matter or matters for which such prompt notice is. r.equ;',ed; provided, however, that fa;' ~t to notify shall in no c::tl'e nrpillrlr.....,. th'!' rinhtc: ,,( :>n" ,.""...h ;....,.".~'" ...~ ....,_ __,,_. ..._,~_. I 'i,}: (c) The Company shall have the right at its own costro institute and without undue delay prosecute any action or proceeding or to do any other act which in its opinion may be necessary or desirable to establish the title to the estate or interest as insured, and the Company may take any appropriate action under the terms, of this policy, whether or not it shall be liable thereunder, and shafl not thereby concede liability or waive any provision of this policy. (d) Whenever the Company, shall have brought any action or interposed a defense as required or permitted by the provision of this policy, the Company may pursue any such litigation to final determination by a court 01 competent jurisdiction. and expressly reserves the right, in its sole discretion, to appeal from any adverse judgment or order. (6) In all cases where this policy permits or requires the Company to prosecute or provide for the defense of any action or proceeding, the insured hereunder shall secure to the Company the right to so prosecute or provide defense in such action or proceeding, and' all appeals therein, and permit the Company to use, at its option, the name of such insured for such purpose. Whenever requested by the Company, such insured shall give the Company all reasonable aid in any such action or proceeding, in effecting settlement, securing evidence, obtaining witnesses, or prosecuting or defending such action or proceeding, and the Company shall reimburse such insured for any expense so incurred. 4. Notice of Loss-Umitation of Action In addition to the notices required under paragraph 3(b) of these Conditions and Stipulations, a statement in writing of any loss or damage for which it is claimed the Company is liable under this policy shall be furnished to the Company within 90 days after such loss or damage shall have been determined and no right of action shall accrue to an insured claimant until 30 days after such statement shall have been furnished. Failure to furnish such statement of loss or damage shall terminate any liability of the Company under this policy as to such loss or damage. 6. Options to Payor Otherwise Settle Claims The Company shall have the option to payor otherwise: settle for or in the name of an insured claimant any claim insured against or to terminate all liability and obligations of the Company hereunder by paying or tendering payment of the amount of insurance under this policy together with any costs, attorneys' fees and expenses incurred up to the time of such payment or tender of payment, by the insured claimant and authorized by the Company. 6. Determination and Payment of loss (a) The liability of the Company under this policy shall in no case exceed the least of: (i) the actual loss of the insured claimant; or ----..Iii) the amount of insurance stated in Schedule A. (b) The Company will pay, in addition to any loss insured against by this policy, all costs imposed upon an insured in litigation carried on by the Company for. such. insured, and all costs, attorneys' fees and expenses in litigation carried on by such insured with the written authorization of the Company. (cl. When liabilit. '~s been definitelv fixed in ar:corrl,qnr:p with th", j~5 rJ J6 IJ3 I: I: .@Dyers l1tIe Insurance (9rporation Schedule A CASE NUMBER DATE OF POLICY AMOUNT OF INSURANCE PCT-77-85 April 26, 1985 12:30 P.M. $315,000.00 1. Name of Insured: ROLLES, OLSON & ROLLES PARTNERSHIP "~ -J 17 THE POLICY NUMBER SHOWN ~ ON THIS SCHEOULE MUST AGREE WITH THE PREPRINTEO NUMBER ON THE COVER SHEET 2. The estate or interest in the land described herein and which is covered by this policy is: IN FEE SIMPLE 3. The estate or interest referred to herein is at Date of Policy vested in: ROLLES, OLSON & ROLLES PARTNERSHIP 4. The land referred to in this policy is described as follows: LOT 11, BLOCK 1, CONNORS ADDITION TO THE CITY AND TOWNSITE OF ASPEN COUNTY OF PITKIN, STATE OF COLORADO CounlerSlgn Policy 85 (Rev. 2/79) Form No. 035-0-085.??oo/2 This Policv is invalid unless the cover sheet and Schedule B are attached ORIGINAL Aspen, Colorado ISSl.Illdsl/Localionl Is JJ OWNER'S POLICY POLICY NUMBER 85-00-444461 , ALTA Owner's Policy Form B 1970/Rev. 10-17-70) Copyright 1969 ,...., '(J THE POLlCY NUMBER SHOWN ON THIS SCHt....LlLE ~ MUST AGREE WITH THE PREPRINTED NUMBER , ON THE coveR SHEET Schedule B , i POLICY NUMBER DATE OF POLICY PCT-77-85 April 26, 1985 85-00-444461 This policy does not insure against los$ or damage by reason of the following: 1. Rights or claims of parties in possession not shown by the public records. 2. Easements, or claims of easements, not shown by the public record. 3. Discrepancies, conflicts in boundary lines. shortage in area, encroachments, and any facts which a correct survey and inspection of the premises would disclose and which are not shown by the public records. 4. Any lien, or right to a lien, for services. labor, or material heretofore or hereafter furnished, imposed by law and not shown by!the public records. 5. Unpatented mining claims; reservations or exceptions in patents or in Act authorizing the issuance thereof; water rights, claims or title to water. 6. Any and all unpaid taxes, assessments and unredeemed tax sales. Taxes for the year 1985 not yet due or payable. 7. Reservation of right of proprietor of any penetrating vein or lode to extract and remove his ore, in U.S. Patent recorded August 26, 1949 in Book 175 at Page 290. 8. All ores, mineral and mineral bearing rock and J::'ights thereto as set forth in Deed to the Homer and Alta Mining Company, recorded June ~6, 1891 in Book 93 at Page 290. 9. Deed of Trust from to the Public Trustee for the use of to secure dated recorded RoUes, Olson, Rolies, a Partnership of the County of Pi~in First National Bank in Aspen $90,000.00 April 25, 1985 April 26, 1985 in Book 485 at Page 268, and in Book 485 at Page 272 POlicy 85 Rocky Mt. (Rev. 2-79) litho in U.S.A. Form No. 035-0-085-0502/1 ORIGINAL AlTA Owner's Policy-Form B 1970 (Rev. 10~17-70J Copyright 1969 ,...,., ,...,., ;. .J CONDITIONS AND STIPULATIONS-CONTINUED 7. limitation of Liability No claim shall arise or be maintainable under this policy (a) if the Company, after having received notice of an alleged defect. lien or encumbrance insured agalOst hereunder. by litigation or otherwise, removes such defect. lien or encumbrance or establishes the title. as insured. within a reasonable time after receipt of such notice; (b) in the event of litigation until there has been a final determination by a court of competent jurisdiction. and disposition of all appeals therefrom, adverse to the title. as insured. as provided in paragraph 3 hereof; or (c) for liability voluntarily assumed by an insured in settling any claim or suit without prior written consent of the Company. 8. Reduction of liability All payments under this policy. except payments made for costs. attorneys' fees and expenses. shall reduce the amount of the insurance pro tanto. No payment shall be made without producing this policy for endorsement of such payment unless the policy be lost or destroyed. in which case proof of such loss or destruction shall be furnished to the satisfaction of the Company. 9. liabilitv Noncumulative It is expressly understood that the amount of insurance under this pOlicy shall be reduced by any amount the Company may pay under any policy insuring either (a) a mortgage shown or referred to in Schedule 8 hereof which is a lien onthe estate or interest covered by this policy, or(b) a mortgage hereafter executed by an insured which is a charge or lien on . the estate or interest described or referred to in Schedule A, and the amount so paid shall be deemed a payment under this policy. The Company shall have the option to apply to the payment of any such mortgages any amount that otherwise would be payable hereunder to the insured owner of the estate or interest covered by this policy and the amount so paid shall be deemed a payment under this policy to saiel insured owner. 1 O. Apportionment If the land described in Schedule A consists of two or more parcell; which are not used as a single site, and a loss is established affecting one or more of said parcels but not all. the loss shall be computed and settled on a pro rata basis as if the amount of insurance under this policy wet divided pro rata as tothevalue on Date of Policy of each separate parcel to the whole, exclusive of any improvements made subsequent to Date of Policy, unless a liability or value has otherwise been agreed upon as to each such parcel by the Company and the insured at the time of the issuance of this policy and shown by an express statement herein or by an endorsement attached hereto. 11. Subrogation Upon Payment or Settlement Whenever the Company shall have settled aclaim under this policy, all right of subrogation shall vest in the Company unaffected by any act of the insured claimant. The Company shall be subrogated to and be entitled to all rights and remedies which such insured claimant would have had against any person or property in respect to such claim had this policy not been issued, and if requested by the Company, such insured claimant shall transfer to the Company all rights and remedies against any person or property necessary in order to perfect such right of subrogation and shall permit the Company to use the name of such insured claimant in any transaction or litigation involving such rights or remedies. If the payment does not cover the loss of such insured claimant, the Company shall be subrogated to such rights and remedies in the proportion 'which said payment bears to the amount of said loss. If loss should result from any act of such insured claimant, such act shall not void this policy, but the Company, in that event, shall be required to pay only that part of any losses insured against hereunder which shall exceed the amount, if any, lost to the Company be reason of the impairment of the right of subrogation. 12. Uability Limited to this Policy This instrument together with all endorsements and other instruments, if any, attached hereto by the Company is the entire policy and contract .'bi>>ween the insured and the Company. Any claim of loss or damage, whether or not based on negligence, and which arises out of the status of the title to the estate or interest covered ,hereby or any action asserting such claim, shall be restricted to the provisions and conditions and stipulations of this policy. .' No amendment of or endorsement to this policy can be made except by writing endorsed hereon or attached hereto signed by either the r President, a Vice President, the Secretary, an Assistant Secretary, or ;'\, [, validating officer or authorized signatory of the Company. - , "" ~! ,'" ;J :~. 13. Notices, Where Sent All notices required to be given the Company and any statement in writing required to be furnished the Company shall include the numberof this policy and shall be addressed to its Corporate Headquarters, 6630 West Broad Street. mailing address: P.O. Box 27567,Richmond, Virginia 23261. kwyers litle Insurance (9rporation National Headquarters - Richmond, Virginia ,';"i;,':;iv(\':~[-:":,,<;,'( :~; ",1':,";1 N' ----.M '~ ' ., ~ \ ,~ ~---\~~...,\ . '''0 @.wyers lltle Insurance (9rporation National Headquarters - Richmond, Virginia Service available throughout the United States, Canada, Puerto Rico. the Bahamas, and the U.S. - Virgin Islands. ., 0";': .:c; ., t~ ;.4 z;-~ ~~, ~ E g.g g '< 3 a ~ I'T\ g::z:: " W .". <D 1'"'\'" .. ~ 0....,.,., <:"" .... \,/J ~,.g -g ~:~ Cl _J ~ ~ :::-.-... 15- m ;,~ ".J. "''''''''::~'.I"j'. ) ',,\{" "".:",,",,,w, National Division, Branch and Agency offices and Approved Attorneys are located throughout the operating territory. :::i ,.... - ro S rJJ ~ g ("') ro 00 ~~ ~ "i <,., '?' D!. '..J ",.~' ,<": ;:'~}:"'{::' ':"~:;>>:_'(:'!T'[,' ,1;i':;Jr:~:\:: i',~"?:~i>:':t :,t::, t~/':;r"".:I::n;.:";1_'~:'!i',;,::r;( tr.t:"\:':1:::"\'t!'\,Yf.t','f'f:r;t;:'>:~"'f ' l ~,;'. A word of thanks to our insured. . . . . As we make your policy a part of our permanent records, we want to express our appreciation of this evidence of your faith in Lawyers Title Insurance Corporation. There is no recurring premium. This policy provides valuable title protection and we suggest you keep it in a safe place where it will be readily available for future reference. If you have any questions about the protection provided by this policy or wish to contact us for any other reason, contact the office that issued your policy or you may write to: ,- ) Consumer Affairs Department kllJ)lers Title Insurance (9rporation PO, Box 27567 Richmond. Virginia 23261 , I r) rj ~-, --~ LAW OFFICES GIDEON J. KAUFMAN GIDEON I. KAUFM~~ DAVID G. EISENSTEIN A PROFESSIONAL CORPORATION BOX 10001 315 EAST HYMAN AVENUE, SUITE 305 ASPEN, COLORADO 81611 March 5, 1986 TELEPHONE AREA CODE 303 925-8166 Aspen/Pitkin County Planning Office 130 South Galena Street Aspen, Colorado 81611 Attention: Nancy Crelli Re: Application for Approval of Plan for Condominiumization for the Aspen Mountain Townhouses Dear Nancy: Enclosed are the following: 1. Original Application for Approval of Plan for Condominiumization Pursuant to Section 20-19(a) Subdivision Exception; and four photocopies of same; and 2. Four copies of the proposed Condominium Map for the Aspen Mountain Townhouses containing an Improvement Survey on page 1; 3. A check payable to the Aspen/Pitkin County Planning Office in the amount of $1,490.00 for the application fee. Please submit the Application for processing. Very truly yours, LAW OFFICES OF GIDEON I. KAUFMAN, a Professional Corporation By GK/bw Enclosures cc: Charles Rolles cc: John Olson -l 1'"'\ I \ n APPLICATION FOR APPROVAL OF PLAN FOR CONDOMINIUMIZATION PURSUANT TO SECTION 20-19 (a) SUBDIVISION EXCEPTION This application, submitted on behalf of Charles Rolles and John Olson, requests exception from the full subdivision process for the condominiumization of three existing units located in one structure, known as the Aspen Mountain Townhouses. The real property is described as follows: Lot 11, Block 1, Connor's Addition to the City of Aspen, Pitkin County, Colorado (commonly known as 623 South Monarch Street) . Adherence to the full subdivision regulations would result in undue hardship to the applicants for the following reason: The proposed condominiumization has no effect on the allowable density or distribution, proposed use, or pattern of development for the subject parcel. There were formerly five residential units on the subject property, four in one structure and one in another. The two structures were examnined by the Pitkin County Building Department for fire, life and safety hazards on October 29, 1984. The two structures were found to contain many deficiencies under the Uniform Housing Code. The applicants acquired the property in April, 1985, and have replaced the two structures containing five units with one - 1 - r'1 t '\ (') structure containing three units. Prior to the demolition and reconstruction, the four-unit wood frame apartment building contained Units 2, 3, 4 and 5. Unit 2 had been occupied by the prior owner's son for the preceding eighteen (18) months. Unit 4 had been occupied by the prior owner's mother for the preceding eighteen (18) months. Unit 5 had been occupied by the prior owners for the preceding eighteen (18) months. Uni t 3, containing 500 square feet, had been rented at a monthly rental of $650.00 per month for the preceding eighteen (18) months. Unit 1, a log cabin, contained 528 square feet, and had been rented for $650.00 for the preceding eighteen (18) months. The above-described rental history for the prior units demonstrates that none of the former units were renting within the then current guidelines for low, moderate or middle income housing, and that therefore, condominiumization approval shall not require employee housing restictions. The existing three units are rented on a short-term basis. Condominiumization permits the separate ownership of each unit and the common ownership of certain designated common areas. This application contemplates the creation of a declaration of covenants and restrictions which shall govern the subject units, and a condominium map which shall depict the areas in separate ownership and the areas in common ownership. - 2 - ~ t \ ('J The condominium format results in no impact on the density or use of the units. The units will remain as , residential units, occupied by an owner or tenant. The development pattern for the parcel is not impacted in that Code requirements for building setbacks and floor area ratio remain in effect. The approval of this application for subdivision exception does not contravene the intent and purpose of the full subdivision procedure. The purpose of the full subdivision procedure is: To assist the orderly I efficient and integrated development of the City of Aspen; to insure the proper distribution of population and coordinate the need for public services with governmental improvement programs; to encourage well-planned subdivision by setting standards for subdivision design and improvement; to improve land records and survey monuments by establishing standards for surveys, plans and plats; to safeguard the interests of the public and the subdivider and provide consumer protection for the purchaser; to acquire desirable public areas; and to otherwise promote the health, safety and general welfare of the residents and visitors to the City of Aspen. Subsection 20-2, "Purpose and Intent" Aspen Municipal Code. The proposed condominiumization does not impact the following concerns expressed as the purposes for the subdivision regulations: the need for public services, planned subdivision, survey standards, and consumer protection. The granting of this application is not detrimental to the public welfare or injurious to other property in the area since the result of the proposed condominiumization is a change in the ownership format. - 3 - ~ t '\ 1) The three units are newly constructed and conform to present building code requirements. The units require no physical adaptation to effect individual ownership through condominiumization. The requirement for providing a right of first refusal to existing tenants stated in ~ 20-22(a) is inappropriate in this instance due to the short term nature of the rental arrangements. The six (6) month minimum lease requirement specified in Subsection 20-22(b) is not applicable to this property since the property is located in the Lodge Zone. Units in the Lodge Zone are intended to remain in the short-term rental market to be used as temporary accommodations available to the general public. The approval of this application will not reduce the supply of low and moderate income housing, a requirement for condominiumization under Subsection 20-22 (c), since the proposal has no effect on the size or number of units. The units are newly constructed units and the market will dictate the rental costs of the units. The units are presently rented on a short-term basis. The recent construction of these units insures that they meet current fire, health and safety requirements consistent with Subsection 20-22(e). - 4 - f) I' "l o Attached to this application are the following described documents which are submitted as part of this application: (1) Proposed Condominium Map; and (2) Improvement Survey. Dated this ~ day of , 1986. Respectfully submitted, LAW OFFICES OF GIDEON I. KAUFMAN, a Professional Corporation By ~j;uf=" olson app/DCONDO - 5 - ,. , .. ~ I) t , I) VERIFICATION OF APPLICANT The undersigned applicants named herein hereby state that they have read the foregoing application and verify that the content thereof is true and correct to the best of their knowledge. ~~~- ?N'1JLSON - 6 - ~(""j LAW OFFICES GIDEON I. KAUFMAN GIDEON I. KAUFMAN DAVID G. EISENSTEIN A PROFESSIONAL CORPORATION BOX 10001 315 EAST HYMAN AVENUE, SUITE 3 ASPEN, COLORADO 81611 April 16, 1986 TELEPHONE AREA CODE 303 925-8166 HAND-DELIVERED Ms. Nancy Crelli Aspen/Pitkin County Planning Office 130 South Galena Street Aspen, Colorado 81611 Re: Application for Approval of Plan For Condominiumization for the Aspen Mountain Townhouses Dear Nancy: Enclosed "Verification Please attach application. are the original and three copies of the of Applicant" executed by Charles Rolles. the verification to the above-referenced Very truly yours, LAW OFFICES OF GIDEON I. KAUFMAN, a Professional Corporation B~~ ~V~ , Barbara K. urvis BKP/bw Enclosures cc: Rolles, Olson & Rolles ~t"'; 0n VERIFICATION OF APPLICANT The undersigned applicants named herein hereby state that they have read the foregoing application and verify that the content thereof is true and correct to the beet of their knOWledge.~ ~ ARLES ROLLES - 7 -