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Home My WebLink Aboutcoa.lu.ec.Block 46 Lots n, o - Behrendt 53A-86d ae 73s-,1�2y-6yvo Subdr vision �xc �fo., S.3.q - �6 CASELOAD SUMMARY S.IEET . . 11.1 0 City of Aspen DATE RECEIVED: _C2? 6 DATE RECEIVED COMPLETE: PROJECT NAME: kPPLICANT: �• /�/`/142 c Applicant Address/Phone: 3 k%- REPRESENTATIVE: 62/yZah Representative Address/Phone: 3/S� Type of Application: I. GMP/Subdivision/PUD 1. Conceptual Submission 2. Preliminary Plat 3. Final Plat II. Subdivision/PUD 1. Conceptual Submission 2. Preliminary Plat 3. Final Plat III. All "Two Step" Applications IV. All "One Step" Applications V. Referral Fees - Environmental Health, Housing Office 1. Minor Applications 2. Major Applications Referral Fees - Engineering Minor Applications Major Applications CIPE N O. STAFF: 7 20 $ 2, 7 30 .00 12 1,640.00 6 820 .00 14 Z$1, 9 VU-.00 9 1,220.00 6 820 .00 11 $1,490.00 5 r/ $ 680 _.00- 2 $ 5 $ 125.00 - - 80.00--- 200.00 MEETING DATE- L' ? PUE3LIC HEARING • YES NO DATE REFERRED: INITIALS: ----------------------------�---------------------------------------- REFERRALS: City Atty Aspen Consol. S. D_ School District City Engineer Mtn. Bell Rocky Mtn. Nat. Gas { Housing Dir. Parks Dept. State Hwy Dept (Glenwd) Aspen Water Holy Cross Electric State Hwy Dept (Gr.Jtn) City Electric Fire Marshall Bldg: Zoning/Inspectn Envir. Hlth. Fire Chief Other: Roaring Fork Transit Roaring Fork Energy -Center ---------------- 'INAL UTING: j DATE ROUTED- I� �a IN ITIAL'� �ity Atty City Engineer Building Dept. Other: Other FILE STATUS AND LOCATION: CASE DISPOSITION: �-� Reviewed bv: .en P&Z iLy Cowl � �-� nAc', C—TLo✓1 CDrn — Y �Ckr-\n(--r — -rL D.� — 1 T1., CZ- ALu� �` k n .-� r-\ \- -i-S S \-. �, k\ r@ m ; n : TX-. e- S h u (- -T- - t e r CG rN r�..1 r K e--i- \,--) , T i,- t'c r, 'r- -. \ f e. 5 r r L C---t. z e. rL c Y-) cam- C—c_ or.. u n c_c _ w Th p .� . i ✓�`� �� c� r r .. a r`+ �-G_�y w� m t ✓��c� r J y� S Lam, L i—L " n rv�- Vh_C yr 0 C CA r :fe Cx- LC- Gs��- l- > L T �, L,k-j L, v S T. n o Ir� T f- 40 r 7-LA-),D S Tu i r' c.ti Ses 1' c,ly e rS e (-A-Je S 7' I n�u CcD rr� . C_c..� Y-\'T C A- C� (e e S T L c 7 ► (� S C C— Laces L STIR �rS Fevi e�rec: ry: F.spen PEZ City Council 0 fe MEMORANDUM TO: Mayor and City Council THRU: Robert S. Anderson, Jr., City Manager FROM: Glenn Horn, Assistant Planning Director') RE: Behrendt Subdivision Exception: condominiumization DATE: June 8, 1987 ------------------------------------------------------------- ------------------------------------------------------------- SUMMARY AND RECOMMENDATION Michael Behrendt, seeks a subdivision exception for the purpose of condominiumization for a four-plex located at 332 W. Hyman Avenue. The Planning Office recommends denial of the condomini- umization request, unless the applicant is willing to meet the requirements of Section 20-23, Lodge Condominiumization. The Planning Commission recommends approval subject to certain conditions listed in the memo. BACKGROUND INFORMATION APPLICANT: Michael Behrendt. APPLICANT'S REPRESENTATIVE: Rich Luhman. LOCATION: Lots N & 0, Block 46/322 W. Hyman Avenue. SIZE: 6,000 square feet. ZONING: R-6 Residential. APPLICANT'S REQUEST: Michael Behrendt, the owner of a four-plex located at 322 W. Hyman seeks a subdivision exception for the purpose of condominiumization. The applicant also requests an exemption from the condominiumization requirement in Section 20- 22(b) that units be restricted to six month minimum leases with no more than two shorter tenancies per year. SITE DESCRIPTION: The subject site is located just to the east of the St. Moritz Lodge. Michael Behrendt is the former owner of the St. Moritz lodge. In 1982, the City approved a lot split which legally separated the four-plex from the St. Moritz. In spite of the lot split, there still remain two staircases from Unit 1 of the four-plex which crosses the property boundary from the four-plex to the St. Moritz. Occupants of the four-plex share the pool facility with the St. Moritz, and the units have been managed through the St. Moritz. APPLICABLE SECTIONS OF THE MUNICIPAL CODE: Section 20-22 of the Municipal Code states requirements with which an applicant must comply. In summary, the requirements are: a. Existing tenants shall be given written notice when their unit is offered for sale and a ninety -day option to purchase their unit or first right of refusal to purchase. b. All units shall be restricted to six month minimum leases with no more than two shorter tenancies per year. C. The applicant shall demonstrate that approval will not reduce the supply of low and moderate income housing. d. If the applicant fails to demonstrate that approval will not reduce the supply of low and moderate income housing, then the applicant shall be required to present a proposal to reduce or eliminate the adverse effects of the condominiumization upon such housing for a minimum of five years. e. A fire, health and safety inspection by the Building Department shall be conducted prior to Planning and Zoning Commission review. Section 20-19(c) allows the Council to "grant exceptions from the strict application of the standards or requirements, of this (subdivision) chapter when, in its sole discretion and judgement, it deems certain requirements to be redundant, serve no public purpose and be unnecessary in relation to the land use policies of the City of Aspen..." It is also important to note that Section 20-23 (Condominiumiza- tion of Lodges) defines a "lodge as a building containing three (3) or more units intended for temporary occupancy of guests..." Section 20-23 further states that "the condominium units created shall remain in the short-term rental market to be used as temporary accommodations available to the general public." PROBLEM DISCUSSION Referral Comments: 1. Building Department - John Ostwald of the Building Depart- ment made the following comments in his February 11, 1987 memorandum (see Attachment 1). a. A handrail should be installed down to the front E bedroom of unit #3. b. A Smoke detector should be installed in the bedroom referenced above. This is not required, however, it would be desirable. C. The stairs to the upstairs of Unit 1 need to be reconstructed in conformance with Section 3305(c) of the 1970 Building Code. d. A handrail should be installed on the stairs to the entry of Unit 3. e. A separate electric panel should be installed for Unit 3. f. Each sub -panel for each unit should have a main disconnect of not more than 6 switches or breakers or a service disconnect should be provided at a remote location for each unit and permanently identified. g. The electric panels on the exterior of the building need to have their branch circuits identified. h. Assurances should be made that exterior panels are grounded and that sub -panels are bonded to the service equipment according to Article 250-72 of the 1971 National Electric Code. If panels are found to be improperly grounded and bonded, then they shall be made to meet the most modern electric code adopted by the State of Colorado. 2. Engineering Department (Attachment 2) a. A dumpster location should be provided on -site. b. The applicant should obtain an access easement from the St. Moritz for the stairway which accesses Unit 4 and the brick patio of Unit 1. Such access easements should be shown on the plat. 3. Housing (Attachment 3) The Housing Authority recommends that employee housing not be required for this application. The condominiumization is not creating a short -fall in the employee housing stock as the units in question have not supplied employee housing in the past. 3 • 0 4. City Attorney (Attachment 4) Erin Hazen, City Attorney's office, indicates in her referral comments of February 3, 1987, that this application should be received under Section 20-23, Lodge Condominium- ization, not Section 20-22, Condominiumization. PLANNING OFFICE COMMENTS: The Planning Office and City Attorney have a basic problem with this application being considered under Section 20-22 (Condominiumization). We find that the subject property fits the description of a lodge under Section 20-23 and, therefore, should be reviewed under Section 20-23, the lodge condominiumization section of the Code. The four-plex which has been operated in the past as a short-term accommodations facil- ity, is presently managed by the St. Moritz Lodge for short-term rental purposes and is intended to be used that way in the future. The following language from the application demonstrates this point. "H. Michael Behrendt owns all four (4) units. At the time of acquisition, he also owned the St. Moritz Lodge which is located directly west of the subject units. The subject units have been leased on a short-term basis through the office located in the St. Moritz Lodge for over twelve (12) years. The lodge contains private rooms and dormitory style rooms, whereas the four (4) units separate from the lodge were considered apartments which could accommodate families on a short-term basis. Due to the close proximity of the subject units to the St. Moritz Lodge, the subject units have historically been managed through the St. Moritz office, and the occupants enjoy the use of the St. Moritz Lodge pool. Although H. Michael Behrendt recently sold the St. Moritz Lodge, the four (4) St. Moritz rental units continue to be managed by the new owners of the St. Moritz Lodge and rented through the St. Moritz Lodge office." As attested to in the attached affidavit signed by Irene Russi, (manager St. Moritz Lodge), the four-plex has been used as a short-term use in the past, it is presently a short-term use and will be a short-term use in the future (see Attachment 5). Also attached is a contract between Behrendt and the St. Moritz Lodge for management of the four-plex as a short-term operation (see Attachment 6). Additionally, in 1982, when the Planning Office and the Aspen Lodging Association surveyed short-term accommoda- tion units, the St. Moritz reported the four-plex as a part of the short-term accommodations inventory. The applicant's representative, Richard Luhman has argued that the four-plex is used on a short-term basis to help persuade the City Council to exempt the application from the City's 6 month minimum lease restriction. In our opinion, the applicant has argued his case so well it became clear to us that the applica- 4 tion is subject to lodge condominiumization. When we notified the applicant of our position, we asked him to present evidence to us that the condominiumization should be reviewed under 20-22. The attached letter dated February 12, 1987 argues the following three points (see Attachment 7): 1) There are no shared facilities within the four-plex which would suggest that it is a lodge and Unit 1 is the personal residence of the applicant, Michael Behrendt. The St. Moritz Lodge was legally split from the four-plex in 1982. 2) Section 20-23 states that a lodge is defined as "a building containing three (3) or more units intended for temporary occupancy of guests..." The key work is "intended." Luhman says that the City Council could have used a standard of actual use but opted instead for "intended for temporary occupancy of guests." 3) Finally, it is argued that the intent of 20-23 was to provide a mechanism to generate capital to provide for renovation and upgrading. We offer the following responses to these points. The St. Moritz pool and the staircases, leading from the four-plex to the pool and the common trash facilities represent the common facilities of the four-plex with the St. Moritz. When staff visited the property, it was clear that all units in the four-plex including the Behrendt residence are being leased on a short-term basis. In our opinion, the best indicator of the "intended use" of the four-plex is the historic use, present use and planned use in the future of the units (see attached affidavit). We concur with the applicant that Section 20-23 is intended to provide capital for renovation. A portion of the capital resulting from condo- miniumization should be used to upgrade the four-plex to meet the life, health, safety requirements of the Building Inspector. Such upgrades are consistent with one of the objectives of the Growth Management Policy Plan Update, improve lodging quality. PREVIOUS COUNCIL ACTION: On May 11, 1987, the City Council tabled this item at the request of the applicant. P&Z RECOMMENDATION: The City P&Z at a meeting held on April 7, 1987 considered the staff recommendation. The P&Z concurred with the argument that the applicant should be provided the maximum degree of flexibi- lity by waving six month minimum lease restrictions and rejecting the staff contention that Lodge Condominiumization is the appropriate review process. They therefore recommend approval of 5 • • the condominiumization request subject to conditions 5, 6, 7 recommended by staff. STAFF RECOMMENDATION: We sympathize with what the applicant is trying to do. On the one hand, he is trying to avoid six month minimum lease restric- tions because he generates income from the short-term use of the four-plex. On the other hand, the applicant wants to potentially generate even more income from the four-plex by condominiumizing the units and making them available for sale, but is not willing to be subject to lodge condominiumization requirements. In our opinion, the applicant should follow either the course of placing six month minimum lease restrictions on the units, making them comply with Section 20-22, or the other course of meeting the requirements of Section 20-23, lodge condominiumization. Lodge condominiumization is the approach which we recommend. Lodge condominiumization is intended for older facilities such as the four-plex which are in need of upgrading. Therefore, based upon findings made in this memorandum, the Planning Office recommends denial of the Behrendt condominiumiza- tion request, unless the applicant is willing to meet the requirements of Section 20-23, Lodge Condominiumization for the condominiumization of the four-plex. If the applicant is willing to meet these requirements, you could grant approval, subject to the following conditions: 1) The dwelling units shall remain in the short-term rental market and the applicant shall file condominium declarations which stipulate personal use restrictions for the owners consistent with Section 20-23(A)(1). 2) The applicant shall provide two (2) pillows of employee housing or the amount of employee housing which has been provided for three (3) years previous to the time of condominiumization whichever is greater. 3) The applicant shall continue to provide management for the four-plex by the St. Moritz Lodge or a similar quality of management. 4) The common areas of the lodge shall remain common (i.e. patios) and be maintained in a manner consistent with its previous character. Any changes, alterations or renovations shall not diminish the size or quality of the common areas. 5) The lodge shall be physically upgraded in accordance with the Building Departments recommendations and Section 20-23(6) of the Code. 1.1 & 0 6) The applicant shall prepare a condominium plat consis- tent with Section 20-23 of the Code. The plat shall designate access easements with the St. Moritz Lodge for the two staircases which traverse the west boundary of the property. 7) Prior to consideration of this application by City Council the applicant shall submit an improvement plan for review by staff. PROPOSED MOTION: Move to approve the Behrendt Lodge Condominiumization subject to the seven conditions proposed by staff. CITY MANAGER RECOMMENDATIONS : Z ' ' �� ' ~ T�Q S'�r G°�S/ �' ✓ nc 7 GH.BEH AT7"ay.-Y APPLICATION FOR APPROVAL OF PLAN FOR CONDOMINIUMIZATION PURSUANT TO SECTION 20-19(c) SUBDIVISION EXCEPTION THIS APPLICATION, submitted on behalf of H. MICHAEL BEHRENDT, requests exception from the full subdivision process for the condominiumization of four (4) existing units located in the structure known as the St. Moritz rental units. The real property is described as follows: Lots N and O, Block 46, City and Townsite of Aspen, Pitkin County, Colorado (commonly known as 322 West Hyman Avenue). Section 20-22 of the Municipal Code sets forth the requirements by which this condominiumization may be approved. Included in this section are the following requirements: (1) Existing tenants shall be given notice of sale and right of first refusal [Subparagraph (a)]. (2) All units shall be restricted to six (6) month minimum lease restrictions with no more than two (2) shorter tenancies per year [Subparagraph (b)]. (3) Demonstration that approval will not reduce the supply of low and moderate income housing must be provided (Subparagraph (c) ] . (4) The units shall be inspected for fire, health and safety conditions prior to condominiumization [Subparagraph (e) I . The applicant is requesting an exception under Section 20-19(c) from requirement (1) the notice of sale and right of first refusal provision, requirement (2) the six-month minimum lease restriction, and requirement (3) the approval will not reduce the supply of low and moderate income housing. This application is submitted under Section -20-19(c) because of the review standards contained therein, namely that certain requirements be deemed "to be redundant, serve no public purpose, and to be unnecessary in relation to the land use policies of the City of Aspen under the facts and circumstances presented", are the most appropriate to apply when dealing with the condominiumization of an existing structure and, further, because the review standards of Section 20-19(a) requiring a determination of undue hardship, deprivation of reasonable use of land, and the destruction and loss of a substantial property right should an exception not be granted, are totally nonsensical when applied to a plan which merely changes the form of ownership without impacting the physical development or historical use of the property in question. Adherence to the full subdivision process makes no sense since the proposed condominiumization has no effect on the allowable density or distribution, proposed use, or pattern of development for the subject parcel. - 1 - Condominiumization pormits the separate ownership of each unit and thc 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. The condominium format results in no impact on the density or use of the units. The units will remain as residential units, occupied by the owner and/or tenants. 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, 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. Aspen Municipal Code, Subsection 20-2,"Purpose and Intent." 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 merely a change in the ownership format. An inspection of the four units was requested on December 3, 1986, and the applicant will comply with the Fire Marshall's requirements. The units require no physical adaptation to effect individual ownership through condominiumization. The units are zoned R-6. The requirements for providing a right of first refusal to existing tenants and a six (6) month minimum lease requirement should be excepted in this case due to the unique character of these units. - 2 - H. MICHAEL BEHRENDT owns all four (4) units. At the time of acquisition, he also owned the St. Moritz Lodge which is located directly West of the subject units. The subject units have been leased on a short-term basis through the office located in the St. Moritz Lodge for over twelve (12) years. The Lodge contains private rooms and dormitory style rooms, whereas the four (4) units separate from the Lodge were considered apartments which could accommodate families on a short-term basis. Due to the close proximity of the subject units to the St. Moritz Lodge, the subject units have historically been managed through the St. Moritz Lodge office, and the occupants enjoy the use of the St. Moritz Lodge pool. Although H. MICHAEL BEHRENDT recently sold the St. Moritz Lodge, the four (4) St. Moritz rental units continue to be managed by the new owners of the St. Moritz Lodge, and rented throught the St. Moritz Lodge office. The requirement for providing a right of first refusal to existing tenants as stated in Section 20-22(a), and the six (6) month minimum lease requirement specified in Section 20-22(b) are inappropriate in this instance due to the short-term nature of the rental arrangements for the subject property. The approval of this application will not reduce the supply of low and moderate income housing, a requirement for condominiumization under Section 20-22(c), since the proposal has no effect on the size or number of units. The units have been rented on a short-term basis, and continue to be rented as "short-term units". Therefore, the approval of the subject proposal would not result in the "displacement" of any tenants, nor in any adverse impact to employee housing. Attached to this application are the following described documents which are submitted as part of this application: (1) Proposed Condominium Map; (2) Improvement Survey; and (3) Power of Attorney executed by H. H. MICHAEL BEHRENDT naming Gideon Kaufman his attorney -in -fact. DATED this 11th day of December. , 1986. Respectfully submitted, LAW OFFICES OF GIDEON I. KAUFMAN, P.C. A ProfCssiorpal Corporation wo behrendt app/DCONDO ide Kaufman - 3 - VERIFICATION OF APPLICATON I, GIDEON KAUFMAN, as attorney -in -fact for H. MICHAEL BEHRENDT, a/k/a MICHAEL BEHRENDT, hereby state that the information contained in the preceding Application For Approval of Plan For Condominiumization is true and correct to the best of my knowledge. GIDE � KAUFMAN as attorney -in - fact -for H. MICHAEL BEHRENDT - 4 - Ll • STATE OF COLORADO ) AFFIDAVIT COUNTY OF PITKIN ) IRENE A. RUSSI, being first duly sworn, on oath, states and deposes as follows: 1. I have been continuously involved in the management of the St. Moritz Lodge since November of 1975. 2. During that time, the adjoining rental units at 322 West Hyman Avenue have been continuously leased on a short-term basis as part of the lodge operation.( 3. The copies of the puter printouts lfOj ledger sheets attached hereto as group Exhibit "A" and incorporated herein by this reference are representative of the income flow generated by these rental units during this entire period. 4. Although the ownership of the St. Moritz Lodge was recently transferred separate and apart from the rental units, the rental units continue to be leased on a short-term basis through the St. Moritz Lodge office. 5. Affiant makes these statements for the purpose of disclosing the rental pattern established in conjunction with the rental units at 322 West Hyman Avenue, Aspen, Colorado. IRENE A. RUSSI ' STATE OF COLORADO ) ss. COUNTY OF PITKIN ) o,z1t The foregoing instrument was acknowledged before me this day of AVA-R( , 1987, by IRENE A. RUSSI. WITNESS my hand and official seal. Ma�y commission expires: I111�6� tary Public behrendt aff/DCONDO CJ • MANAGEMENT CONTRACT WHEREAS, H. MICHAEL BEHRENDT is the owner of certain rental units located at Lots N and O, Block 46, on West Hyman Street in Aspen, Colorado; and WHEREAS, REEDCO MANAGEMENT, INC. is in the business of managing rental units; IT IS HEREBY AGREED, that REEDCO MANAGEMENT, INC. (hereinafter called "Reedco") shall manage H. MICHAEL BEHRENDT'S (hereinafter called "Owner") rental units per above for a period of five (5) years, commencing July 15, 1986, subject to the following terms: 1. Reedco shall actively market and maintain all of these rental units in consideration for a fee equal to fifty percent (50%) of the gross rental income excluding phone and other charges paid by guests over and above any rent due. Travel agency and tour operator commissions shall be deducted before rental income division. 2. Owner an any occupants of the rental units shall have access to th ool, amenities and other common aeras of the lodge west of the rental units so long as this management contract is in effect. 3. Owner is responsible for payment of all real estate taxes an such insurance as he deems necessary, which must include liability insurance in the amount of Two Million Dollars ($2,000,000.00). Said liability insurance shall name Owner and Reedco as co -insureds. Reedco shall reimburse Owner for the costs associated with said liability insurance. Reedco shall pay all expenses incurred for day-to-day operations, incuding all utility costs, management, and minor maintenance in the apartments including utilities. Owner is responsible for major maintenance and repairs over $300.00 per item unless caused by the negligence of the management. In such case, Reedco shall bear such costs. Any and all such repairs must be approved by Owner or his represntative in writing. Housekeeping, maintenance and repairs must be continued in the same standard of quality as presently verified by the "excellent " rating assigned by the Aspen Resort Association Inspection Code. Reedco shall maintain Workman's Compensation coverage for all employees or laborers associated with the apartments. 4. Any payments or statements due from Reedco to the Owner shall be made c/o Irene Russi, 910 Hallam, Unit #6, Aspen, Colorado 81611, or any other address designated by Owenr, not later than the 20th of each and any month commencin July 15, 1996, for any amounts due for the previous month according to applicable Colorado Real Estate Commission - 1 - guidelines. Such statements shall itemize any unit occupied in trade or less than market value. Owner may demand an audit at his expense any time upon thirty (30) days written notice to Reedco at 140 East 19th Avenue, Denver, Colorado 80203. Stuart A. Potter and William S. Reed shall be personally liable for payment of any and all income due to Owner and have a duty to act reasonably in the rental of units. 5. Owner reserves the right to convert any or all of these units to condominium proeprty at any time on the condition that William S. Reed and Stuart A. Potter shall have the right of first refusal for a period of thirty (30) days from the date Potter and Reed are in receipt of any offer for the purchase of any and all of the units. 6. Owner reserves the right to have his family members or guests stay in his three (3) bedroom unit upon availability for a flat fee of $10.00 per day, payable to Reedco when Owner is not present. No charges accrue to Owner when he resides in his unit or alternative units when Owner's unit is reserved. Reedco agrees to maintain Owner's unit at all times, including such times as Owner, Owner's family or guests occupy such unit. 7. The following described event shall also be deemed a breach of this agreement by Reedco: initiation of a bankruptcy or action for re -organization; 8. Eithparty may terminate this contract upon breach of samP4on sixty (60) days notice to the other party any time during the first three (3) years of the contract. Thereafter, either party may terminate this contract upon sixty (60) days notice to the other party for any or no reason. Upon said termination, parties agree to divide equally any and all costs associated with installing or providing for separate utilities for the apartment renatl units including, but not limited to telephone and sprinkling systems. The termination of this agreement does not prejudice the rights or remedies of the parties arising from a default hereof. In the event that a dispute arises under the terms and provisions of this Management Contract, the prevailing party shall be awarded its costs, including attorney's fees. 9. This contract is not assignable without Owner's express permission in writing. DATED this 15th day of July, 1986. R, - 2 - REEDCO MANAGEMENT, INC., a Color o c po tiond ST ART A. POTTER, By 1— WILLIAM S. REED, STUART A. POTTER, personally 'aii ' individ4al-1--y WIL IAM S. REED, personally and individually STATE OF COLORADO ss. COUNTY OF PITKIN L The foregoing instrument was acknowledged before me this Vz day of July, 1986, by H. MICHAEL BEHRENDT. WITNESS my hand and official seal. My commission expires: (� j Notary Pub is STATE OF COLORADO ) ss. COUNTY OF �*�kj) The foregoing instrument was acknowledged b fore me this The of July, 1986, by STUART A. POTTER, as �— of REEDCO MANAGEMENT, INC., a Colorado corporation. WITNESS my hand and o i ial seal. My commission expires • �} �( �� o ary Publ (ADDITIONAL NOTARY ACKNOWLEDGEMENTS ON FOLLOWING PAGE) STATE OF COLORADO ) ss. COUNTY OF ) ��,The foregoing instrument was acknowledged fore me this day of July, 1986, by WILLIAM S. REED, as _ d,'1J- f REEDCO MANAGEMENT, INC., a Colorado corporation. WITNESS my hand and ofpi 'al seal. My commission expires: Notary Pu is STATE OF COLORADO ) 6ss. COUNTY OF fli ,= ) The foregoing instrument was acknowledged before me this day of July, 1986, by STUART A. POTTER, personally and individually. WITNESS my hand and of�i ial seal. My commission expires: Notary Pubris STATE OF COLORADO ) V ss. COUNTY OF ) The foregoing instrument was acknowledged before me this 1�{�-day of July, 1986, by WILLIAM S. REED, personally and Individually. WITNESS my hand and of My commission expires. management cont/RLEST3 otary al seal. - 4 - • • APPLICATION FOR APPROVAL 01' PLAN FOR CONDOMINIUMIZATION PURSUANT TO SECTION 20-19(c) SUBDIVISION EXCEPTION THIS APPLICA`i'ION, submitted on behalf of H. MICHAEL BEHRENDT, requests exception from the full subdivision process for the condominiumization of four (4) existing units located in the structure known as the St. Moritz rental units. The real property is described as follows: Lots N and O, Block 46, City and Townsite of Aspen, Pitkin County, Colorado (commonly known as 322 West Hyman Avenue). Section 20-22 of the Municipal Code sets forth the requirements by which this condominiumization may be approved. Included in this section are the following requirements: (1) Existing tenants shall be given notice of sale and right of first refusal [Subparagraph (a)]. (2) All units shall be restricted to six (6) month minimum lease restrictions with no more than two (2) shorter tenancies per year [Subparagraph (b)]. (3) Demonstration that approval will not reduce the supply of low and moderate income housing must be provided [ Subparagraph ( c) ] . (4) The units shall be inspected for fire, health and safety conditions prior to condominiumization [Subparagraph (e)]. The applicant is requesting an exception under Section 20-19(c) from requirement (1) the notice of sale and right of first refusal provision, requirement (2) the six-month minimum lease restriction, and requirement (3) the approval will not reduce the supply of low and moderate income housing. This application is submitted under Section -20-19(c) because of the review standards contained therein, namely that certain requirements be deemed "to be redundant, serve no public purpose, and to be unnecessary in relation to the land use policies of the City of Aspen under the facts and circumstances presented", are the most appropriate to apply when dealing with the condominiumization of an existing structure and, further, because the review standards of Section 20-19(a) requiring a determination of undue hardship, deprivation of reasonable use of land, and the destruction and loss of a substantial property right should an exception not be granted, are totally nonsensical when applied to a plan which merely changes the form of ownership without impacting the physical development or historical use of the property in question. Adherence to the full subdivision process makes no sense since the proposed condominiumization has no effect on the allowable density or distribution, proposed use, or pattern of development for the subject parcel. - 1 - 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. The condominium format results in no impact on the density or use of the units. The units will remain as residential units, occupied by the owner and/or tenants. 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, 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. Aspen Municipal Code, Subsection 20-2,"Purpose and Intent." 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 merely a change in the ownership format. An inspection of the four units was requested on December 3, 1986, and the applicant will comply with the Fire Marshall's requirements. The units require no physical adaptation to effect individual ownership through condominiumization. The units are zoned R-6. The requirements for providing a right of first refusal to existing tenants and a six (6) month minimum lease requirement should be excepted in this case due to the unique character of these units. - 2 - H. MICHAEL BEHRENDT owns all four (4) units. At the time of acquisition, he also owned the St. Moritz Lodge which is located directly West of the subject units. The subject units have been leased on a short-term basis through the office located in the St. Moritz Lodge for over twelve (12) years. The Lodge contains private rooms and dormitory style rooms, whereas the four (4) units separate from the Lodge were considered apartments which could accommodate families on a short-term basis. Due to the close proximity of the subject units to the St. Moritz Lodge, the subject units have historically been managed through the St. Moritz Lodge office, and the occupants enjoy the use of the St. Moritz Lodge pool. Although H. MICHAEL BEHRENDT recently sold the St. Moritz Lodge, the four (4) St. Moritz rental units continue to be managed by the new owners of the St. Moritz Lodge, and rented throught the St. Moritz Lodge office. The requirement for providing a right of first refusal to existing tenants as stated in Section 20-22(a), and the six (6) month minimum lease requirement specified in Section 20-22(b) are inappropriate in this instance due to the short-term nature of the rental arrangements for the subject property. The approval of this application will not reduce the supply of low and moderate income housing, a requirement for condominiumization under Section 20-22(c), since the proposal has no effect on the size or number of units. The units have been rented on a short-term basis, and continue to be rented as "short-term units". Therefore, the approval of the subject proposal would not result in the "displacement" of any tenants, nor in any adverse impact to employee housing. Attached to this application are the following described documents which are submitted as part of this application: (1) Proposed Condominium Map; (2) Improvement Survey; and (3) Power of Attorney executed by H. H. MICHAEL BEHRENDT naming Gideon Kaufman his attorney -in -fact. DATED this 11th day of December. , 1986. Respectfully submitted, LAW OFFICES OF GIDEON I. KAUFMAN, P.C. A Profe-Issi_4al Corporation By behrendt app/DCONDO i Kautman - 3 - s L] VERIFICATION OF APPLICATON I, GIDEON KAUFMAN, as attorney -in -fact for H. MICHAEL BEHRENDT, a/k/a MICHAEL BEHRENDT, hereby state that the information contained in the preceding Application For Approval of Plan For Condominiumization is true and correct to the best of my knowledge. L 11 GIDE Ili KAUFMAN as attorney -in - fact -for H. MICHAEL BEHRENDT - 4 - LAW OFFICES FEB 1 3 198T ' I GIDEON I. KAUFMAN A PROFESSIONAL CORPORATION BOX 10001 315 EAST HYMAN AVENUE, SUITE 305 A PEN. COLOR D 816 I GIDEON I. KAUFMAN February �', i 9 8 7 TELEPHONE AREA CODE 303 RICHARD S. LUHMAN 925-8166 Mr. Glenn Horn Aspen/Pitkin County Planning Office 130 South Galena Street Aspen, Colorado 81611 Re: Behrendt Condominium Dear Glenn: You have directed my attention to Section 20-23 of the Aspen, Colorado Subdivision Regulations entitled "Condominiumization of Lodges" as possibly applying to this project. When the City Council enacted Section 20-23(A) it established only two definitional standards, the very objective standard of three units or more, and the very subjective standard of "intended for temporary occupancy of guests". The City Council could have easily used the objective standard of actual use; but, instead, they opted for their stated standard of "intended for temporary occupancy of guests". The four units comprising this project were originally designed and constructed as dwelling units. Each has its own kitchen, and there are no shared facilities such as office, dining area, commons room, game room, laundry area, or other community areas normally associated with a lodge or hotel operation. The applicant's use of one of these units as his permanent personal residence attests to their intended use. Section 20-23 was first enacted in 1980 and then modified in 1981. At the same time as it was actively engaged in formulating this legislation, the City Council also approved a lot split separating this property from the St. Moritz Lodge, and implicitly recognized this property as different in character from that comprising the St. Moritz Lodge. In my review of the circumstances surrounding the enactment of Section 20-23, "Condominiumization of Lodges", I also learned that the motivating intent was to provide a mechanism by which old existing lodges could generate sufficient capital to accomplish much needed renovation and modernization to current lodging standards. While we all can agree with the desirability of achieving this end, it is inconsistent with the legislative intent to allow this beneficial enactment to inhibit a property owner's desires Mr. Glenn Horn February 12, 1987 Page 2 when its protective provisions are neither needed nor appropriate. The fact that this condominiumization is more appropriate under Section 20-22 brings me to your concern regarding the appropriateness of excepting this project from the six-month minimum lease restriction. Our City Council set the precedent of excepting condominiums from this requirement in connection with the Butera and Blitz condominium applications. In those cases, they determined the public interest would be better served by excepting those projects from the six-month minimum rental restriction because they recognized a localized pattern of shorter -term rentals surrounding the proposed condominium. Since this same localized pattern exists at this location, the granting of an exception from the six-month minimum rental restriction is clearly appropriate. While I trust the above allays your specific concerns regarding the application of Section 20-23 and the requested exception from the six-month minimum rental restriction under Section 20-22, please do not hesitate to contact me should you require any additional information or care to discuss this matter further. Thank you for your thoughtful attention. Very truly yours, LAW OFFICES OF GIDEON I. KAUFMAN, a Professional Corporation By ! is and S. Luhmafi RSL/bw .`".SPEN*PITKIN O-EGior+JAL BUILGII ;._DEPARTMENT M E M O R A N D U M T0: Jim Nilson FEB 1 61987 FROM: John Ostwal RE: San Moritz Lodge, Fire, Life Safety Inspection at Separate 4 Unit Structure--322 W. Hyman DATE: February 11, 1997 The lower level consists of two units. The rear unit has 1 bedroom with a full bath and kitchen. This unit is acceptable per Section 104(c) of the 1979 U.B.C. The front unit has 3 bedrooms, 2-1/2 baths, living room and kitchen. A handrail down to the front bedroom should be installed per Section 3305(i) of the 1970 U.B.C., which was in force when the upstairs front unit and garage remodel were done; Sec. 104(b), Additions, Alterations, and Repairs: more than 50%. A smoke detector at this bedroom, although not required by code, would be helpful. The front unit upstairs is built as approved with the exception of th.e exit stairs. The sides were placed diagonally from she building with the treads parallel. This creates a hazardous condition and does not meet the requirements of a305(c) of the 1970 U.B.C. A landing would also be helpful, although not required at the time of construction. The rear unit, upstairs requires a handrail a the entry stairway per Sec. 3305(i) of the 1970 U.B.C. This unit is also built in accordance with the approved plans on file with this office. This unit has no separate electric panel. This is in violation of 230-70(b) of the 1971 National Electric Code which was in force at the time of the latest remodel. Fach sub -panel, for each unit shall have a main disconnect of not more than 6 switches or breakers or a service disconnect should be provided at a remote location for each unit and permanently identified, Article 230-70(g) of the 1971 N.E.C. The electric panels on the exterior of the building need to have their branch circuits identified. Assurance also should be made that these enclosures are grounded per Article 250-81 of the 1971 N.E.C. and that the sub -panels are bonded to the service equipment according to article 250-72 of the 1971 N.E.C. If these panels are found to be improperly grounded and bonded, then they shall be made to meet the most modern electric code adopted by the State of Colorado. jO:lo JWSML.jo cc: Glen Horn offices: mail address: 517 East Hopkins Avenue 506 (East Main Street Aspen, Colorado 81611 303/925-5S73 Aspen, Colorado 81611 n U U CITY OF ASPEN 130 south galena street aspen, colorado 81611 303-925 -2020 TO: Steve Burstein Glenn Horn, Planning Office FROM: Erin Hazen, City Attorney's Office RE: Behrendt Condominiumization DATE: February 3, 1987 Please review Code Section 20-23 entitled Condominiumization of Lodge which defines lodge as a "building containing 3 or more units intended for temporary occupancy of guests in addition to other requirements set forth in Chapter 20 of the Aspen City Code (the Aspen Colorado Subdivision regulations)". I believe the 4 "St. Moritz rental units" which appear to be managed by the St. Moritz Lodge are subject to the requirements of this provision. Code §20-23(C) sets forth the procedure to be followed by the applicant for subdivision exemption or exception. It appears that the application needs to address the following: personal use restrictions and the condominium documents enforcement provisions, employee housing (2 pillows), on site management, need or lack thereof for improvements, affidavit re: consistency with previously offered amenities, etc. Please note I didn't receive a copy of the Management Contract cited in Mr. Luhnan's letter nor the Certificate of Ownership. � C�6��MI�I� p� 9196i MEMORANDUM TO: Glen Horn, Planning Office FROM: Elyse Elliott, Engineering Department C%;v DATE: February 4, 1987 RE: Behrendt Condominization ----------------------------------------------------------------- ----------------------------------------------------------------- The Engineering Department has the following comments on the above application: 1. There is no dumpster location on -site. 2. There is a stairway that accesses Unit 4 that encroachs on Lot M. Another stairway that accesses the brick patio of Unit 1 leads directly to Lot M. These should be granted access easements from the St. Moritz. 3. There are 6 parking spaces (5 in front, 1 in back) for this four unit complex. This is an adequate amount. 4. The plat submitted is sufficient for the existing conditions. However, if further easements or arrangements are made, these should be recorded on the plat. EE/co/BehrendtCondo IT 41987 M E M O R A N D U M UL r07109 I�Z 4Ia J TO: STEVE BURSTEIN, PLANNING OFFICE c -� +' �L� FROM: ANN BOWMAN, PROPERTY MANAGER DATE: FEBRUARY 4, 1987 RE: BEHRENDT CONDOMINIUMIZATION ISSUE: Do these units currently supply housing for employees in Aspen? BACKGROUND: The application submitted onbehalf of H. Michael Behrendt, requests exemption form the full subdivision process for the condominiumization of four (4) existing units located in the structure known as the St. Moritz rental units. This applicant is requesting an exception under Section 20-19 (c) from requirement (1) the notice of sale and right of first refusal provision, requirement (2) the six-month minimum lease restriction, and requirement (3) the approval will not reduce the supply of low and moderate income housing. This application is submitted under Section 20-19 (c) because of the review standards contained therein, namely that certain requirements be deemed "to be redundant, serve no public purpose, and to be unnecessary i relation to the land use plicies of the City of Aspen under the facts and circumstances presented", are the most appropirate to apply when dealing with the condominiumization of an existing structure. The applicant has supplied a rental history of the four units which indicates that the units nave been used only for short term rentals at rates well above the employee housing guidelines. STAFF RECOMMENDATION: The staff approves the condominiumization and does not require employee housing for this application. The condominiumization is not creating a short fall in the employee housing stock as the units in question have not supplied employee housing in the past. HOUSING AUTHORITY RECOMMENDATION: Approved staff recommendation. 1 • TO: Aspen Planning and Zoning Commission FROM: Glenn Horn, Assistant Planning Director RE: Behrendt Subdivision Exception: Condominiumization DATE: February 26, 1987 ------------------------------------------------------------- ------------------------------------------------------------- BACKGROUND INFORMATION APPLICANT: Michael Behrendt. APPLICANT'S REPRESENTATIVE: Rich Luhman. LOCATION: Lots N & 0, Block 46/322 W. Hyman Avenue. SIZE: 6,000 square feet. ZONING: R-6 Residential. APPLICANT'S REQUEST: Michael Behrendt, the owner of a four-plex located at 322 W. Hyman seeks a subdivision exception for the purpose of condominiumization. e app scan also requests an exemption from the condominiumization requirement in Section 20- 22(b) _that units be restricted to six month minimum leases with no more than two shorter teancies per year. SITE DESCRIPTION: The subject site is located just to the east of the St. Moritz Lodge. Michael Behrendt is the former owner of the St. Moritz lodge. In 1982, the City approved a lot split which legally separated the four-plex from the St. Moritz. In spite of the lot split, there still remain two staircases from Unit 1 of the four-plex which crosses the property boundary from the four-plex to the St. Moritz. Occupants of the four-plex share the pool facility with the St. Moritz, and the units have been managed through the St. Moritz. APPLICABLE SECTIONS OF THE MUNICIPAL CODE: Section 20-22 of the Municipal Code states requirements with which an applicant must comply. In summary, the requirements are: a. Existing tenants shall be given written notice when their unit is offered for sale and a ninety -day option to purchase their unit or first right of refusal to purchase. b. All units shall be restricted to six month minimum leases with no more than two shorter tenancies per year. C. The applicant shall demonstrate that approval will not reduce the supply of low and moderate income housing. d. If the applicant fails to demonstrate that approval will not reduce the supply of low and moderate income housing, then the applicant shall be required to present a proposal to reduce or eliminate the adverse effects of the condominiumization upon such housing for a minimum of five years. e. A fire, health and safety inspection by the Building Department shall be conducted prior to Planning and Zoning Commission review. Section 20-19(c) allows the Council to "grant exceptions from the strict application of the standards or requirements, of this (subdivision) chapter when, in its sole discretion and judgement, it deems certain requirements to be redundant, serve no public purpose and be unnecessary in relation to the land use policies of the City of Aspen..." It is also important for P&Z to note that Section 20-23 (Condo- miniumization of Lodges) defines a "lodge as a building contain- ing three (3) or more units intended for temporary occupancy of guests..." Section 20-23 further states that "the condominium units created shall remain in the short-term rental market to be used as temporary accommodations available to the general public." PROBLEM DISCUSSION Referral Comments: 1. Building Department - John Ostwald of the Building Depart- ment made the following comments in his February 11, 1987 memorandum. a. A handrail should be installed down to the front bedroom of unit #3. b. A Smoke detector should be installed in the bedroom referenced above. This is not required, however, it would be desirable. C. The stairs to the upstairs of Unit 1 need to be reconstructed in conformance with Section 3305(c) of the 1970 Building Code. d. A handrail should be installed on the stairs to the entry of Unit 3. 6 e. A separate electric panel should be installed for Unit 3. f. Each sub -panel for each unit should have a main disconnect of not more than 6 switches or breakers or a service disconnect should be provided at a remote location for each unit and permanently identified. g. The electric panels on the exterior of the building need to have their branch circuits identified. h. Assurances should be made that exterior panels are grounded and that sub -panels are bonded to the service equipment according to Article 250-72 of the 1971 National Electric Code. If panels are found to be improperly grounded and bonded, then they shall be made to meet the most modern electric code adopted by the State of Colorado. 2. Engineering Department - a. A dumpster location should be provided on -site. b. The applicant should obtain an access easement from the St. Moritz for the stairway which accesses Unit 4 and the brick patio of Unit 1. Such access easements should be shown on the plat. 3. Housing The Housing Authority recommends that employee housing not be required for this application. The condominiumization is not creating a short -fall in the employee housing stock as the units in question have not supplied employee housing in the past. 4. City Attorney Erin Hazen, City Attorney's office, indicates in her referral comments of February 3, 1987, that this application should be received under Section 20-23, Lodge Condominium- ization, not Section 20-22, Condominiumization. PLANNING OFFICE COMMENTS: The Planning Office and City Attorney have a basic problem with this application being considered under Section 20-22 (Condominiumization). We find that the subject property fits the description of a lodge under Section 20-23 and, therefore, should be reviewed under Section 20-23, the lodge condominiumization section of the Code. The four-plex which has been operated in the past as a short-term accommodations facil- ity, is presently managed by the St. Moritz Lodge for short-term C s • rental purposes and is intended to be used that way in the future. The following language from the application demonstrates this point. "H. Michael Behrendt owns all four (4) units. At the time of acquisition, he also owned the St. Moritz Lodge which is located directly west of the subject units. The subject units have been leased on a short-term basis through the office located in the St. Moritz Lodge for over twelve (12) years. The lodge contains private rooms and dormitory style rooms, whereas the four (4) units separate from the lodge were considered apartments which could accommodate families on a short-term basis. Due to the close proximity of the subject units to the St. Moritz Lodge, the subject units have historically been managed through the St. Moritz office, and the occupants enjoy the use of the St. Moritz Lodge pool. Although H. Michael Behrendt recently sold the St. Moritz Lodge, the four (4) St. Moritz rental units continue to be managed by the new owners of the St. Moritz Lodge and rented through the St. Moritz Lodge office." As attested to in the attached affidavit signed by Irene Russi, (manager St. Moritz Lodge), the fo.ur�rwplex has been--us-ed as a short-term use in the past, it is presently a short-term use and will be a short-term use in the future. Also attached is a contract between Behrendt and the St. Moritz Lodge for management of the four-plex as a short-term operation. Additionally, in 1982, when the Planning Office and the Aspen Lodging Association surveyed short-term accommodation units, the St. Moritz reported the four-plex as a part of the short-term accommodations inven- tory. The applicant's representative, Richard Luhman has argued that the four-plex is used on a short-term basis to help persuade the City Council in order to exempt the application from the City's 6 month minimum lease restriction. In our opinion, the applicant has argued his case so well it became clear to us that the application is subject to lodge condominiumization. When we notified the applicant of our position, we asked him to present evidence to us that the condominiumization should be reviewed under 20-22. The attached letter dated February 12, 1987 argues the following three points: 1) There are no shared facilities within the four-plex which would suggest that it is a lodge and Unit 1 is the personal residence of the applicant, Michael Behrendt. The St. Moritz Lodge was legally split from the four-plex in 1982. 2) Section 20-23 states that a lodge is defined as "a building containing three (3) or more units intended for temporary occupancy of guests..." The key work is In "intended." Luhman says that the City Council could have used a standard of actual use but opted instead for "intended for temporary occupancy of guests." 3) Finally, it is argued that the intent of 20-23 was to provide a mechanism to generate capital to provide for renovation and upgrading. We offer the following responses to these points. The St. Moritz pool and the staircases, leading from the four-plex to the pool and the common trash facilities represent the common facilities of the four-plex with the St. Moritz. When staff visited the property, it was clear that all units in the four-plex including the Behrendt residence are being leased on a short-term basis. In our opinion, the best indicator of the "intended use" of the four-plex is the historic use, present use and planned use in the future of the units (see attached affidavit). We concur with the applicant that Section 20-23 is intended to provide capital for renovation. A portion of the capital resulting from condo- miniumization should be used to upgrade the four-plex to meet the life, health, safety requirements of the Building Inspector. Such upgrades are consistent with one of the objectives of the Growth Management Policy Plan Update, improve lodging quality. RECOMMENDATION: We sympathize with what the applicant is trying to do. On the one hand, he is trying to avoid six month minimum lease restric- tions because he generates income from the short-term use of the four-plex. On the other hand, the applicant wants to potentially generate even more income from the four-plex by condominiumizing the units and making them available for sale, but is not willing to be subject to lodge condominiumization requirements. In our opinion, the applicant should follow either the course of placing six month minimum lease restrictions on the units, making them comply with Section 20-22, or the other course of meeting the requirements of Section 20-23, lodge condominiumization. Lodge condominiumization is the approach which we recommend. Lodge condominiumization is intended for older facilities such as the four-plex which are in need of upgrading. Therefore, based upon findings made in this memorandum, the Planning Office recommends denial of the Behrendt condominiumiza- tion request, unless the applicant is willing to meet the requirements of Section 20-23, Lodge Condominiumization for the condominiumization of the four-plex. If the applicant is willing to meet these requirements, you could recommend approval, subject to the following conditions: 1) The dwelling units shall remain in the short-term rental market and the applicant shall file condominium declarations which stipulate personal use restrictions 5 • for the owners consistent with Section 20-23(A)(1). 2) The applicant shall provide two (2) pillows of employee housing or the amount of employee housing which has been provided for three (3) years previous to the time of condominiumization whichever is greater. 3) The applicant shall continue to provide management for the four-plex by the St. Moritz Lodge or a similar quality of management. 4) The common areas of the lodge shall remain common (i.e. patios) and be maintained in a manner consistent with its previous character. Any changes, alterations or renovations shall not diminish the size or quality of the common areas. 5) The lodge shall be physically upgraded in accordance with the Building Departments recommendations and Section 20-23(6) of the Code. 6) The applicant shall prepare a condominium plat consis- tent with Section 20-23 of the Code. The plat shall designate access easements with the St. Moritz Lodge for the two staircases which traverse the west boundary of the property. 7) Prior to consideration of this application by City Council the applicant shall submit an improvement plan for review by staff. GH.BEH Rl 46 0 • i 1 1y TO: Jim Wilson, Chief Building Official FROM: Steve Burstein, Planning Office RE: Behrendt Condominiumization DATE: January 16, 1987 Jim, due to the requested condominiumization of the existing four units of this structure we need your referral comments- to us as soon as possible identifying any life, health and safety viola- tions you uncover during your inspection of this property. Please submit your comments no later than February 3, 1987 so we can prepare for our presentation to P&Z. Thank you very much for your cooperation to this matter. • MEMORANDUM TO: City Attorney City Engineer Housing Director FROM: Steve Burstein, Planning Office RE: Behrendt Condominiumization DATE: January 12, 1987 Attached for your review and comments is an application submitted by Rich Luhman on behalf of his client, H. Michael Behrendt requesting condominiumization of four existing units located in. the structure known as the St. Moritz rental units. The property consists of Lots N and 0, Block 46, City and Townsite of Aspen, Pitkin County, Colorado (also known as 322 West Hyman Avenue). Please review this material and return your comments to this office no later than February 3, 1987 so Steve has adequate time to prepare for its presentation before P&Z on February 17. Thank you. 0 • LAW OFFICES GIDEON I. KAUFMAN A PROFESSIONAL CORPORATION BOX 10001 315 EAST HYMAN AVENUE, SUITE 305 ASPEN. COLORADO 81611 GIDEON I. KAUFMAN January 8, 1986 TELEPHONE AREA CODE 303 HAND -DELIVERED 925-8166 Mr. Alan Richman, Director Aspen/Pitkin County Planning Office 130 South Galena Street Aspen, Colorado 81611 Re: Behrendt Exception Application for Condominiumization of Former St. Moritz Rental Units at 322 W. Hyman, Aspen, Colorado Dear Alan: Pursuant to your request, I have enclosed the following: 1. Certificate of Ownership issued by Pitkin County Title as of January 6, 1987 at 8:00 a.m. 2. Affidavit executed by Irene A. Russi, Michael's manager since 1975, describing the short-term rental operation for these units, together with weekly ledger sheets disclosing the representative leasing of the property for various weeks during the past few years. 3. Copy of the Management Contract entered into by Michael with Reedco Management, Inc. for the continued short-term rental of these units by the St. Moritz rental office. It is my understanding that this Contract went into effect at the time Michael sold the St. Moritz and continues in full force and effect to this day. While I trust the enclosed will enable you to certify the referenced Application as complete and schedule an early hearing on this matter, please do not hesitate to contact me should you require anything further. Thank you for your thoughtful attention. Very truly yours, LAW OFFICES OF GIDEON I. KAUFMAN, a Profess'onal Corporation By chard S. hman RSL/bw Enclosures PITKIN COUNTY TITLE, Inc. • Title Insurance Company 601 E. Hopkins Aspen, Colorado 81611 (303)925-1766 CERTIFICATE OF OWNERSHIP Pitkin County Title, Inc., a duly licensed Title Insurance Agent in the State of Colorado, hereby certifies that H. Michael Behrendt a/k/a Michael Behrendt is the owner in fee simple of the following described property: LOTS N and 0, BLOCK 46, CITY AND TOWNSITE OF ASPEN. COUNTY OF PITKIN, STATE OF COLORADO. That as of January 6, 1987 at 8:00 A.M. the following encumbrances are against the subject property: 1). Deed of Trust from : H. Michael Behrendt and Susan G. Behrendt to the Public Trustee of the County of Pitkin for the use of Mary Iris Sampson to secure $90,000.00 dated June 1, 1973 recorded June 4, 1973 in Book 276 at Page 431 2). Deed of Trust from Michael Behrendt a/k/a H. Michael Behrendt to the Public Trustee of the County of Pitkin for the use of The Bank of Aspen to secure $50,000.00 dated March 1, 1977 recorded March 11, 1977 in Book 325 at Page 857 3). Deed of Trust from Michael Behrendt a/k/a H. Michael Behrendt to the Public Trustee of the County of Pitkin for the use of The Bank of Aspen to secure $90,000.00 dated May 12, 1986 recorded May 23, 1986 in Book 511 at Page 435 That the subject property is subject to Reservations and Exceptions as contained in the Deed from the City of Aspen, common to all lots in the City and Townsite of Aspen. CERTIFIED THIS 6th DAY OF JANUARY, 1987 AT 8:00 A.M. PITK COUNTY IT INC. BY: auth M signature ASPEN/Pl l tk.uv • 130 South Galena Street a 7 di Aspen, Colorado 81611 (303) 925-2020 LAND USE APPLICATION FEES City 00113 - 63721 - 47331 -52100 GMP/CONCEPTUAL - 63722 - 47332 -52100 GMP/PRELIMINARY - 63723 - 47333 -52100 GMP/FINAL - 63724 - 47341 -52100 SUB/CONCEPTUAL - 63725 - 47342 - 52100 SUB/PRELIMINARY - 63726 - 47343 - 52100 SUB/FINAL - 63727 - 47350 -52100 ALL 2-STEP APPLICATIONS - 63728 - 47360 -52100 ALL 1-STEP APPLICATIONS REFERRAL FEES: 00125 - 63730 - 47380 - 52100 ENVIRONMENTAL HEALTH 00123 - 63730 - 47380 -52100 HOUSING 00115 - 63730 - 47380 - 52100 ENGINEERING SUB -TOTAL County 00113 - 63711 - 47331 -52200 GMP/GENERAL - 63712 - 47332 -52200 GMP/DETAILED - 63713 - 47333 -52200 GMP/FINAL - 63714 - 47341 -52200 SUB/GENERAL - 63715 - 47342 - 52200 SUB/DETAILED - 63716 - 47343 52200 SUB/FINAL - 63717 - 47350 52200 ALL 2-STEP APPLICATIONS - 63718 - 47360 52200 ALL 1-STEP APPLICATIONS REFERRAL FEES: 00125 - 63730 - 47380 -52200 ENVIRONMENTAL HEALTH 00123 - 63730 - 47380 -52200 HOUSING 00113 - 63731 - 09000 -52200 ENVIRONMENTAL COORD. 00113 - 63732 - 09000 -52200 ENGINEERING SUB -TOTAL PLANNING OFFICE SALES 00113 - 63061 - 09000 - 52200 COUNTY CODE - 63063 - 09000 -52200 ALMANAC - 63062 - 09000 - 00000 COMP. PLAN - 63066 - 09000 - 00000 COPY FEES - 63069 - 09000 - OTHER SUB -TOTAL �n O TOTAL C Name: Phone: Addre P jest: Check # Date: Additional Billing: # of Hours: r \. O e C, C-`� ''1 A'0 J \l r � � dxn Z-f �- vY, �..: ,ram -r�.. v, t,r.l-� ►..` �,, , Fa (-I �-- , ,, ( � (Z- Y- C) %.,, -c- L9 YYI v ^ T VV� wti Y•-. io 6 —)- r 11 � Y1 L c7 r-� S J11 " C-- C,W1 c� 1T L. YY1 r1 �-e .S v`�j'. �(r� G U' L � ,P 1 � C..c�-T l '� �' ��1. � 1 S k.� � r(�, t ✓1 "'r l J "-N C:> C� r%CA 0 o'+-- L �- r•-: � ?t-+-tt �a„� e- V\ of �') - 2 Z Yt-S 4, (� \ 4 1 T l C-S I 't c hcke ck r S 4NC, r I- -- T e rw%,L LA_S e 3 CO ` f rw, L-) e- e 5 ,-.4%. c- 5 r —.. k T> Ca <- ; C--rs c� C� c- ,, I hc'-5 c- CV-\.Jt C.-e— CD F j V-N -k- e r Go,A cD r--� S T r �- - -k/j � S l S V-VN r cJ � , S 1 �� - V \ -r— r J ( l ° j e_ v-,,- -r r - C LA , & Y`r v f\< U Reuu-1ar-Meetinu - Council---- -- June 8: - 1987 Councilwoman Fallin moved to table Ordinance #17, Series of 1987, to July 13, 1987; seconded by Councilman Collins. All in favor, motion carried. Councilwoman Walls moved to table Ordinance #18, Series of 1987, to July 13, 1987; seconded by Councilwoman Fallin. Councilman Isaac said he has read that Boulder is making garbage into electricity and making money on the venture. City Manager Bob Anderson said Pitkin County does not have the volume of garbage to make the venture economically viable. All in favor, motion carried. - Behrendt Glenn Horn, planning office, said the issues are that the applicant is arguing the six month rental restrictions should not apply to this property due to its history as a mixed project. On the other hand, the project fits more clearly the definition of lodge condominiumization than a residential condominiumization. The applicant would like the six month rental restriction waived and to not require the applicant to go through lodge condominium- ization. The applicant is looking for the most flexibility possible. Horn said staff feels Council should pick one process or the other and recommends either a six month lease restriction or to go through lodge condominiumization. Gideon Kaufman, representing the applicant, noted he is asking Council go along with the recommendation of P & Z. Kaufman told Council P & Z agreed they did not intend to create lodges by definition, in the code. Kaufman reminded Council the intention of the lodge condominiumization was to help older lodges upgrade by allowing condominiumization. The definition of lodge, at that time, said if there is a kitchen, it is not a lodge. The older lodges could not have qualified under this definition. The then city attorney wrote a definition, if there are 3 or more units it is a lodge. Kaufman said this definition was created to help the older lodges and was not intended to create a new section of lodges. Kaufman told Council P & Z feels the city should relook at what is and what is not a lodge. Kaufman said this property was a four unit apartment building without any amenities. It was purchased by the applicant as an apartment building and has been used as an apartment building. Kaufman said this is a residential condominiumization, and the choice is should these be restricted to six month rental restric- tion or not. The city has tried to keep a balance in town between short and long term rentals. Kaufman is asking this Reqular--Manna - -----___--Asr)en-City--Council --;lurre- 8. 1987 building be allowed to do what it has traditionally done and not be restricted to six month minimum leases. Horn told Council staff feels tied to the code definition for residential condominiumization and six month rental restrictions. Horn pointed out there is no criteria in the code which stipu- lates when the lease restrictions can be waived. Horn recom- mended until there is criteria in the code, Council continue to follow the Code and impose six month lease restrictions. Kaufman said there are two definitions of lodge in the code, one in the lodge condom iniumziation section, and one in the defini- tion section. Horn said this is a condominiumization, and the definition of lodge in that section is the one the staff is using. Horn said if Council chooses to waive the six month minimum lease restriction and not to impose lodge condominiumiza- tion, then Council needs to address a policy issue about six month minimum lease restrictions in the future. Kaufman said this issue is being addressed by the code simplification task force; however, the entire growth management plan is tied to what is a lodge and what is a residence. Councilman Isaac said when Council wrote the lodge condominiumiz- ation, the intention was that the use not change. The way the code has been written has caught this applicant in a difficulty. Councilman Isaac said he would like Council to direct P & Z to look at a code change and to approve this application as P & Z has recommended. Councilwoman Fallin said the applicant should either be a lodge or a residence with a six month minimum lease and Council should not give him the best of both worlds. Kaufman said in order to be a lodge there are definitions in the code that makes a building a lodge. Kaufman said this building does not have common amenities, no employees, no manager, and only 4 units. Kaufman said this being has always been a residence. Kaufman pointed out in the last few years, Council has waived the six month rental restriction on 4 applications. Kaufman said nothing will change with this building except the ownership. Horn reiterated Council needs discretionary criteria in the code when to waive the six month rental restrictions and when not to. Mayor Stirling said this is a short term building use and has been its historic use. Mayor Stirling said there are two definitions of lodge in the code and they are somewhat contradic- tory. Mayor Stirling noted the Council has used its discretion in the past in waiving six month rental restrictions because they felt it was appropriate to this particular cases. Mayor Stirling said Council should approve this and not apply the six month rental restriction. Councilwoman Walls said this building looks and acts like a lodge and should go through lodge condominiumization process. If the 10 applicant wants this to be a residence, they should comply with the six month rental restrictions. Councilwoman Fallin asked if the applicant is willing to meet all the conditions listed in the memorandum. Kaufman said some of the conditions apply only if this is treated as a lodge condominiumization; however, they are willing to meet the other conditions. Kaufman told Council the applicant has sold the St. Moritz and the St. Moritz has agreed to manage this building for two years. Kaufman told Council he can commit only to what the purchaser has agreed to, like using the swimming pool for two years. Kaufman said the applicant would be willing to hire a management company. Mayor Stirling moved to approve a subdivision exception for the purpose of condominiumization for a four plex located at 332 West Hyman avenue subject to conditions 1) dwelling units will remain in the short term rental market and shall not have a six month rental restriction, 2) residential units shall be physically upgraded in accordance with the recommendations of the building department, 3) applicant shall prepare a condominium map consis- tent with the code and shall designate access easements; 4) if there is any improvement district in the neighborhood, the applicant agrees to be a member of that; seconded by Councilman Isaac. Councilwoman Fallin commented since P & Z has been thorough with this, she will support their recommendation. All in favor, with the exception of Councilwoman Walls. Motion carried. Councilman Isaac said he would like P & Z to look at changing the code that conversion of existing units be restricted to whichever uses are the historic uses for the past 5 years. Mayor Stirling suggested Council address this issue during the work session on code simplification on June 16. RAW -WATER -AGREEMENT - 1010 Ute Avenue Gideon Kaufman, representing the applicant, told Council this agreement has been negotiated between the city staff and his client and was prepared by the city's water counsel. Mayor Stirling asked if the city is getting all the water rights available to the city. City Attorney Taddune said this agreement has some unique aspects of timing and maintenance considerations. Kaufman said this agreement helps the city in terms of preserving water rights. The applicant is putting ponds on their property for irrigation purposes and will not be using city -treated water to irrigate but will be using the city's surplus water. This agreement is beneficial to both the city and applicant. 11 zlly h;Y pryy �flaK., 51�} P+aCnE SOZ FL.. BEHRENDT CONDOMINIUMS ALLEY BLOCK 46 (2o.'tio' WIC;,F—) -P1L OAfL S�iS �09 f1 (o0.op tnJ �aGE- _ I II 1_ w i IV' o✓AhI�ME�rJT TO I� MAI?J-rA10 5 i '3 4 !aI:T bAG K. 4 1 N T r7 0 IU 1.4 ?AV��h__�-� S pK I�1_ W. MA i t4 STR.> ET P W. NoYKI as A VE- 4� S � �D T n J W. A\("IJ A o�vu 4T J\ C S�ALt� a G4�jji Nyo METE-R GoF.IGK-ETA PA�t�y Vcz_ 8 3 G � 3 ° 'fK10 �aT dRj� WPDD gTK-L�.'rtJK� u/� SPLIT L�IJELs LOT N cA LOT O �\ I f3R.,IGIG £�'A'f1O a.\ Af�i�a STAI t2S 22.1 +t N �i R-tGIC N PATIO 4 LEGEND & NOTES O 'A-' iJMEnJt`o o `SET c,a.lT�oc, po,rJi PaJIt,DttJf�i LirJ� c2 �Qo7E�T°� L�nl1- — — Lll/Iw�Cst ivGC� oJ�.. kaAw/(s� ��Ttt= P�'r4t�ltt.1� WjQLa_ 000o yforlE WAL-L- Cq.G.E. GEn1E�gt_ C_c>mmoi,.l L.G.t✓. LIMt?(:r> GoMMoaJ EL-�MEtiI't' TA+S MA'F WAy 474".aV_ej7;, h// A C0r1Mi rw i lT �o(Z i Tt� ttiiS�JKG� IG� Ftzol-I L.4vVYPF_5 TITt.'f_� ICI jJ¢dr.IGG GOtzn. �q sG r lo. TAG i -99� Sia _ D/aT�T7 GjL`.-P"r (0T41,I�I6C� . K�?i�RET. v/AL-L- � A�wA,�.IST it1LT�� AhPNKILf PQRI<Ir.1v� 5} �I � E W. HYMAN AVE. I W O �_T6M 7e{G1D,2. IP.JTEiLQor_ATEt7 ��iM Q�t�r.� GtT'`( AF.-2-tat_ MQY�7 Dds"(�-17 l°I'15 f�°� GbOPE.iC. A�14L �+-�rz✓EY, SCALE I11 10' VICINITY MAP OWNERS CERTIFICATE H. MICHAEL BEHRENDT A/K/A MICHAEL BEHRENDT AS OWNER OF LOTS N SO,E'!')CK 46,CITY $ TOWNSITE, OF ASPEN, PiTKtN CO., COLORADO, HEREBY CERTIFY THAT THIS PLAT OF THE BEHRENDT 0 :ND0Mirf Up( - HAS BEEN PREPARED PURSUANT TO THE PURPOSES STATED IN THE CONDOMINIUM DECLARATION FOR SAID CONDOMINIUM DATED THE DAY OF AND RECORDED IN BOOK I AT, PAGE OF THE RECORDS OF THE CLERK AND RECORDER OF THE COUNTY OF , STATE OF COLORADO. STATE OF COLORADO j S.S. COUNTY C PITKIN " THE FOREGOING OWNERS CERTIFICATE WAS ACKNOWLEDGED BEFORE ME THIS _ 19 , BY WITNESS MY HAND AND OFFICIAL SEAL MY COMMISSION EXPIRES: NOTARY PUBLIC DATE DAY OF CO Co O Q — cD rr CO O O M In J N O to U X O z m w r� O O c SURVEYORS CERTI FICATE ' Q I, DAVID W. MC BRIDE , L. S. 16129 ), A REGISTERED LAND SURVEYOR, HEREBY CERTIFY AS FOLLOWS: IN OCTOBER,66' A SURVEY WAS MADE UNDER MY DIRECTION AND SUPERVISION, OF LOTS N 8 0, P v,'v4 4! ,CITY 8 TOWNSITE OF ASPEN,PITKIN CO., STATE OF COLORADO, AND FOUND THEREON AM 2 STORY, FOURPLEX LOCATED ENTIRELY WITHIN THE BOUNDARY LINES OF SAID DESCRIBED PROPERTY AS SHOWN ON THIS PLAT OR AS NOTED(BASED ON THE FIELD EVIDENCE SHOWN AS FOUND), THE LOCATION AND DIMENSIONS OF THE V BOUNDARY LINES, BUILDING, AND IMPROVEMENTS, IN EVIDENCE OR KNOWN TO ME ARE ACCURATELY SHOWN ON THIS MAP, AND THE MAP ACCURATELY AND SUBSTANTIALLY DEPICTS THE LOCATION AND THE HORIZONTAL AND VERTICAL MEASURSEMENTS OF THE BUILDING, THE CONDOMINIUM UNITS THEREIN, THE UNIT DESIGNATIONS THEREOF, THE DIMENSIONS OF SAID UNITS,. AND THE ELEVATIONS OF THE FINISHED FLOORS AND CEILINGS. 10/ 31/ 1986 w DATE - STATE OF COLORADO S.S. COUNTY OF PITKIN THE FOREGOING SURVEYORS CERTIFICATE WAS ACKNOWLEDGED BEFORE ME THIS , 198 _ BY WITNESS MY HAND AND OFFICIAL SEAL MY COMMISION EXPIRES; NOTARY PU3LIC DATE DAY OF PLANNING a ZONING APPROVAL THIS PLAT OF BEHRENDT CONDOMINIUMS CITY OF ASPEN, WAS APPROVED BY THE CITY OF ASPEN PLANNING 6 ZONING COMMISION THIS DAY OF 198—. CHAIRMAN - ASPEN CITY COUNCIL APPROVAL THIS PLAT OF BEHRENDT CONDOMINIUMS CITY OF ASPEN, WAS APPROVED BY THE CITY COUNCIL OF ASPEN THIS ___—DAY OF _ 198_. ATTEST - CITY CLERK MAYOR CITY ENGINEERS APPROVAL THIS PLAT OF BEHRENDT CONDOMINIUMS CITY OF ASPEN; WAS APPROVED BY THE CITY OF ASPEN DEPARTMENT OF ENGINEERING, THIS --DAY OF , 198—. CITY ENGINEER CLERK & RECORDER'S ACCEPTANCE THIS PLAT OF BEHRENDT CONDOMINIUMS, CITY OF ASPEN, PITKIN COUNTY, COLORADO IS ACCEPTED FOR FILING IN THE OFFICE OF THE CLERK AND RECORDER OF THE COUNTY OF PITKIN , STATE OF COLORADO, AT —O'CLOCK _.M., THIS DAY OF _, 198_. IN PLAT BOOK AT PAGE RECEPTION NO. CLERK AND RECORDER INDEX SHEET I . CERTIFICATES , VICINITY MAP , SITE PLAN . SHEET 2, PLAN VIEW SHEET 3. ELEVATION VIEW V / W W z V z W z w Q m 0 W Q a w 0-1 CL NOTE: ACCORDING TO COLORADO LAW YOU MUST COMMFNCE ANY LEGAL ACTION BASED UPON ANY DEFECT IN THIS SURVEY WITHIN SIX YEARS AFTER YOU FIRST DISCOVER SUCH DEFECT. IN NO EVENT, MAY ANY ACTION BASED UPON ANY DEFECT IN THIS SURVEY BE COMMENCED MORE THAN TEN YEARS FROM THE DATE OF THE CERTIFICATION SHOWN HEREON. SHEET I OF 3 JOB NO. 6205 FIRST FLOOR 0 5' 10' SCALE 1 5 ASPEN SURVEY ENGINEERS, M. 210 S. Galom St, P.O. Box 2506 Aspen, Colorado 81011 13031 925-3816 SECOND FLOOR SHEET 2 OF 3 6205 LEGEND T L L 1�— i ;r ,I TF-1 - LO'i = EM.r sI of c i A LHIMrJr---( 02 Fes✓ �7�ALt: 4 .q SOUTH ELEVATION EAST ELEVATION 5Q ' I "IHIS.a 54 ---- CJti.IIT 4 !°I1b7 `-V- II vnJ 1 � Z F54 — II I - vto2.15 0 5' IOI SCALE I"= 5� ASPEN SURVEY ENGINEERS. INC. 210 S. Galena St_ P.O. Box 2506 Aspen. Colorado 81511 13M1 925 3816 SHEET 3 OF 3 6205 OVVNER /Y\ICHAEL BEHRENDT _1AA H. MICHAEL BEHRENDT 331+ WEST HYMAN ASPEN , C0L0RADO 81611 925- 3220 DE.DICAT IO N KNOW ALL MEN BY THESE PRESENTS THAT MICHAEL BEHRENDT H. MICHAEL BEHRENDT, AS OWNER OF LOT5 K, L & M AND LOTS N 80, BLOCK 1f(o, CITY AND TOWNSI T 6 OF ASPEN, PITKIN COUINTY, COLORAC50 DOES HEREBY RESUBDIVIDE LOTS K, L 8, IVA FROM LOTS N 9, 0, BLOCK 46, FOR THE PURPOSE OF DIVIDING THE LOTS WHICH WERE CONSIDERED AN UNPIVIDEP PARCEL PURSUANT TO S 20-4 (c) OF THE MUNICIPAL CODE OF THE CITY OF ASPEN, COLORADO (HEP,EINAf-TEP "CODE"AND THENCE RESUBPIVIDED PURSUANT TO S 20-,1- (ci) /,AINp 20-I9 (b) OF THE CODE; PURSUANT TO APPROVALS OEiT/�IN FROM THE CITY OF ASPEN THESE L075 ►VIAY NOW BE SEPARATELY CONVEYED A LOTS li, L 61 fVl, BLOCK 116, CITY AND TOWNSITE OF ASPEN, PITKIN COUNTY, COLORADO AND LOTS N & O, BLOCK '4(o, CITY /\ND TOWIV.SITE OF ASPEN, PIT),',I/\l COUIZITY, COLORADO. IIN CON.TUNCTION WITH THESE APPROVALS, THE UNDERSIGNED OWNED,, FOR HIMSELF, 1-415 51_JCCESSOP,S AND ASSIGNS HEREBY DEDICATES AND GRANTS THE EASEMENT SHOWN HERE- ON ON LOT N'1; SAID EASEMENT, BEING I. 4 FEET WIDI AND 15.8 FEET LONG, IS GRANTED SO THE MINIMUM SIDE YARD OF 5 FEET FOR THE STRUCTURE ON LOTS N & O IS MAINTAIIVED. OWNER FURTHER COVE- NANTS AND AGREES, FOR HIMSELF, His SUCCESSORS AND ASSIGNS, THAT NO F31JILDINGS SHALL PEE CONSTRUCTED ON LOT IVl WITHIN 5 FEET OF THE ABOVC DESCRIBED EASEMENT, EXECUTED T-H15 DAY OF , 1981. MICHAEL 5EHRE STATE OF COLORADO s. s. COUNTY OF PITKIN THIS PLAT WAS ACKNOWLEDGED BEFORE ME THIS DAY OF 1981, 13Y MICHAEL BEHRENDT a/K/a H. MICHAEL BEHRENDT. MY COMMISSION EXPIRES ; WITNESS MY HAND AND OFFICIAL SEAL NOTARY PUBLIC ADDRESS: CLQ� ��IlT�II��`DTIIm1CI TINE UNDERSIGNED DOES HEREBY CERTIFY THAT THIS SURVEY WAS FIELD 50RVE`(ED DURING DEC. , 198/ ON THE GROUND OF THE PROPERTY LEGALLY DESCRIBED HEREON , AND IS CORRECT BASED ON THE FIELD EVIDENCE SHOWN ON THIS PLAT As FOUND AND THAT THERE ARE NO DISCREPANCIE.S,CONFLICTS, SHORTAGES IN AREA, BOUNDARY LINE CONFLICTS, ENCRQACFIMEI.ITS, OVERLAPPIIlG OG IMPQ43VEMEN15, EASEMENTS OR RIGI-ITS-OF•WAY IN FIELD EVIDENCE OR KNO\Ntl -M ME, E7QCEPT AS HEREON S\-10WN. UND>=RGROUND UT\LITIES WITH NO YISI5LE AgOVEG _Q0wD VALVE FiOXES OR MANHOLES, ANO DOCUMENTS OF RECORD NOT SUPPLIED TO T"F- SURVEYOR ARE EXCEPTr-O. DATED THI5 bm DAY OF V=�I.981 STATE OF COLORADO COUNTY OF PITKIN THE FOREGOING SURVEYOR:5 CERTIFICATE WAS ACKNOWLEDGED BEFORE ME THIS _ DAY OF + r . -- ..,.1 i.:z, 1981 BY GERARD H. PESMAN MY COMM15510N EXPIRES:/ / WITNESS MY HAND AND OFFICIAL SEAL N-0-TARY PUBLIC ADDRESS: 1 FOUNO cx-r * MOH. � NW COR FSLK 46 Z G 0 O. 75.3 8 9s + m �I 8 \ col�yf O 5 \I G \ \ P.E T ENCROACHMENT ""� COR_ OF BI.00a, 31.0 `S. z A S-'S44D9E COR O \ £o.'S NIG°SCE OF NW CO2 \ LOT K o F Nw N, ltlT K 3: ELE. I(IETER 0; Ti r (n Z Q) \ r -; I1 LOOGE BLOG. x A \ 3 STORY r-� o o � \ (P o O z Y \ A W In O m� \ \ I 1 N 5.4 LO In G�_ C5 T PK NAIL 30 O NOTE POSITION OF LOT Li ME AT THE S\N COR. OF LOT K \S NOT KNOWN. POSITtOtlJ\ S\IOWN IS 5ASED ON THE M LLOW 1 NG PLATS 1. W I LLI TS MAP OATED 1896 2. O> FICAL MAP OF C\TY OF ASPEN DATED 19S9 3.-'P(laZ SURVEY LOTS k.L.W $LOCK 4G DATED MAY I6-58 AND 5FLjEvE0To 6E pREPARE.D I3Y G.E. 50CHAt4AN lN0 ADOtT\OtJpl \NFO. AYA\Lt\6LE AT TIME OF SURVEY AKY \NGORIvIAT\ON REGARDING TN\S SHOULD 5F_ BR.Ot>1aw-1c 'TO THE AREtSZlOti1 OF SURVEYOR LOT SPLIT LOTS K, L & M BLOCK 46 S S SLU/FR LINE S S G NATURAL GAS LINE G GAS MfTfR N-154ri13 �W 90.00 PET I� a, -e—ago U 11 S" E v4leF 0 mct 6.I 3.6 c 6' LOTS N & 0 BLOCK 46 S ,S G C' � DER PjT N 7S.09 1111 W GO.00 -_�- SET PK NAIL. 0 — e a v p, R S A, 9,000 SQ. FT. C INCH VQF'�` SW com wo-r K i SWIMMING •-._..—'tea \�—_._� L. JfSET PK NAIL s�5`09111� E 90.00 w w w — LiiDeQvu� L\j LLV L\J®U�'as FOUND CITY MON. O SET NO. 5 NOTED `PESMAN 2376' OR AS MONUMENT AS NOTED PLANNING & ZONING COMMISSION APPROVAL + SET SPIKE OR PK NAIL, SURVEY CONTROL THIS PLAT OF THE 2ESV$D1V1510N O1= I..OTS K,L,& M ANC LOTS N80, BLOCK H6,CITY ANO TOVVNSI-TC pF ASPCN,PITKIN COUNTy,COLO. IS APPROVIZO BY -THE G1TY SURVEY ORIENTED wl FOUND CITY N10NS. OF AS➢L'-N PLANNING An\p ZONING COMMISSION THIS DAY OF 1198— RAILROAO TIE RETAINING WAL1- GHAI MAN wo00 FENCE LINE ASPEN CITY COUNCIL APPROVAL '•^--••'- CONG. RETAINING WALL THIS PLAT OF Tl iE RESU(3p\VISION OF LOTS K,L, R M AND LOT5 N & O, i l-OCK 46, CITY AND TOWNSITe Op- ASPEN, PITKIN COUNTY COLO. IS HERLT3Y APT -ROVED BY THG CITY COUNCIL or- Ac PC" THI5 DA/ OF ,198— ATTG6T MAYOR Yo CITY CLERK ELE. mETE i' .A 0 IP O 9 O O OGAS METER 5^� m h — 5 G — a4• \ AREAS h a r0 WOOD 1= RAM[ I-1OUSE WATER 2 STORY METER PET p - -- SCALE V=10' 0 oS ao L 0• f 0 0 2 •'EASEMr-N� ro MgINT AIN S. O' SETS AG K"' i�N 9.G 14 s P 22.E N.j 12.4 SET PK NAIL FOVNIi CIT'T 20. 0 0 MON. SE COR cul W w w w w w W APPROX. LOCATION OF 6° G.I. WATER LINE CITY ENGINEERS APPROVAL THIS PLAT OF TNC RESu801VIS10N OF LOTS K,L,B,M ANO N&b T3LC2Gl1, 961CITy ANID-TOVVNStTE OFASPEN,PITKIN COUNTy,COLO.IS HCRERY APPROVED Qy -CHL= CITY EN6INEER,C1'Ty OF AS9EN PHIS _pRY OF _,19$_ CITY 6N61NEER CLERK & RECORDERS ACCEPTANCE STATC OF COL-ORADO 2 55. COUNTY OF PITKIN j I HCRE%Y CERTIFY THAT THI5 PLAT OF Tl+E RESU6D1V1510N oc LOTS AND LdTS N & C) , T3LOGI< <ib, CITY ANO TO WN S IT E OF ASPEN PITKIN CUVNTY,GOLV- WAS ACGC➢TkD C•OR FILING IN MY OFFICE AT O'CLOGK ON THE • DAY OF 198_, AND WAS FOUL/ GILEO IN PLAT 1300K AT PNCI;: AS RECEPTION NO. - PLAT OF RESUBDIVIDED LOTS K, L 8c M AND LOTS N a 01 BLOCK 46, CITY AND TOWNSITE OF ASPEN, PITKIN COUNTY, COLORADO. 8 PITKIN CC. CLF K 0 vc. JOB a G20S- IIJTS F3EF4IPSAn>T