HomeMy WebLinkAboutcoa.lu.ec.Aspen Mountain Townhouses
CASELOAD SUMMARY SHEET
) - . 'City of Aspen
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Type of Application:
I. GMP/Subdivision/PUD
1. Conceptual Submission
2. Prel iminary Plat
3. Final Plat
CASE NO.fJJ1tt::y"t~
STAFF: "~rs'.)
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( 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
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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
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-1G. City Atty $ City Engineer Y Building Dept.
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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:
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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.
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Revie\H~c1 By:
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i\spen P&Z . ~y council). .
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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 .
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ME MJRANDU M
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DATE: July 16, 1986
TO:
Engineering Deparb-nent
FROM: City Attorney
RE: Aspen rbuntain 'Ibwnhouses
D @~@a~~,~
I
JUL 171986 'I
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Attached for your approval please find the Statement of Exception
regard ing the Aspen 1b untain 'Ib wnho uses.
PJT/mc
Attachment
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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
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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
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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 -
.
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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 -
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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 '
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//
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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 -
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.
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
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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
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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
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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
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~
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
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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.
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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
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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.
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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
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~~
"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 ~ '
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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
~--,-"":'.."-'''''
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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
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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
"
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,., ,: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
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1""",
I'}
v
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. , \ ;: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 ,~ .
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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
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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
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',;; NOTICE
OF PUBLIC HEAR;m~iJ
CASE 185-4
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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
.
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/,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
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Ted Armstrong
November 13, 1984
Page 2
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.
.
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
.....
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ASPEN/PITKIN PLANNING OFFICE
130 S. Galena Street
Aspen, Color~do 81611
(303) 925-2020
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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
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ASPEN!PIT~IN PLANNING OFFICE
130 S. Galena Street
Aspen, Colorado 81611
(303) 925-2020
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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. ,:.~~.,.......\.
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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
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Alan Richman, Planning and
Development Director
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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
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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
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ASPEN.PITKIN ' I
ENV'FlQ~MENT~~, H,~A!J:]:L.~se~-'!~m!<"'l<'"'.",_#",,~i
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MERORANnOR
D rn@~a~fgrn
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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,~)
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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." ,',',
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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"
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Demolition Air Pollufion
According tci the submittal there will bedelllolitiori of
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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.
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Page Three
Car ri age House"' GMP
A '1 1 1986
prl , ...
Amengment
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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
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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
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swrMMn1G 'POOLS AND SPAS:
Compliance with the" state of Colorado "Swilll11)ing Pool Regu-
lations ~ndEtilngcl!;:..gl:!~ "! iJl,.!:?~..,!.equired.
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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 -"", . "// ,~~/
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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.
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Tenant
UNIT THREE - (Middle Level)
Size 20' x 25' 500 sq. feet
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Monthly Rent: $ " 0 -
Tenants for the past eighteen
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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.
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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
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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.
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) 55
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1H RJf.E:;<"101~ W~6 ACf<tJ001..ED6eD BEFoRE HE. 17+tS IS#. DAY
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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.
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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
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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
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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:
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1. Title to the estate or Interest described In Schedule ,~,~~~g;~~'otherwlse than as stated therein;
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2. Any defect in or lien or encumbrance on ';'u'cA:ii~,~]'~l~~:::r1irtii1::~~,f
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4. Unmarketability of such title. ~~ f. r*'~: "lt~ (.
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IN WITNESS WHEREOF the Company has caused !Ilis 'pOlicY to 'lie t'IIlgned and sealed, to be valid when Schedule A is
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President
Attest:
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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
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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 ;....,.".~'" ...~ ....,_ __,,_. ..._,~_.
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(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",
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.@Dyers l1tIe Insurance (9rporation
Schedule A
CASE NUMBER
DATE OF POLICY
AMOUNT OF INSURANCE
PCT-77-85
April 26, 1985
12:30 P.M.
$315,000.00
1. Name of Insured:
ROLLES, OLSON & ROLLES PARTNERSHIP
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THE POLICY NUMBER SHOWN ~
ON THIS SCHEOULE MUST
AGREE WITH THE PREPRINTEO
NUMBER ON THE COVER SHEET
2. The estate or interest in the land described herein and which is covered by this policy is:
IN FEE SIMPLE
3. The estate or interest referred to herein is at Date of Policy vested in:
ROLLES, OLSON & ROLLES PARTNERSHIP
4. The land referred to in this policy is described as follows:
LOT 11, BLOCK 1,
CONNORS ADDITION TO THE CITY AND TOWNSITE OF ASPEN
COUNTY OF PITKIN,
STATE OF COLORADO
CounlerSlgn
Policy 85 (Rev. 2/79)
Form No. 035-0-085.??oo/2
This Policv is invalid unless the cover sheet
and Schedule B are attached
ORIGINAL
Aspen, Colorado
ISSl.Illdsl/Localionl
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OWNER'S POLICY
POLICY NUMBER
85-00-444461
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ALTA Owner's Policy Form B 1970/Rev. 10-17-70) Copyright 1969
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THE POLlCY NUMBER SHOWN ON THIS SCHt....LlLE ~
MUST AGREE WITH THE PREPRINTED NUMBER ,
ON THE coveR SHEET
Schedule B
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POLICY NUMBER
DATE OF POLICY
PCT-77-85
April 26, 1985
85-00-444461
This policy does not insure against los$ 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
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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. -
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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
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@.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.
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Attorneys are located throughout
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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:
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Consumer Affairs Department
kllJ)lers Title Insurance (9rporation
PO, Box 27567
Richmond. Virginia 23261
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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
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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
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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.
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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.
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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).
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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
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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
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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
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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
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