HomeMy WebLinkAboutcoa.lu.gm.409 E Hopkins Ave.A11-94 CASELOAD S~Y SHEET
City of Aspen
· ) 2737-073-39-004 All-94
STAFF MEMBER: (LL)
PROJECT NAME: 409 E. Dkins Insubstantial Amendment GMOS
Project Address:
Legal Address:
APPLICANT: Kandycom, Inc.
Applicant Address: 301 E. Colorado Blvd. #202 Pasadena, CA
REPRESENTATIVE: Bill Poss & Associates
Representative Address/Phone: 605 E. Main 925-4755
Aspen, CO 81611
FEES: PLANNING $ 215 # APPS RECEIVED 3
ENGINEER $. # PLATS RECEIVED 3
HOUSING $
ENV. HEALTH $.
TOTAL $. 215
P&Z Meeting Date PUBLIC HEARING: YES NO
VESTED RIGHTS: YES NO
CC Meeting Date PUBLIC HEARING: YES NO
VESTED RIGHTS: YES NO
DRC Meeting Date
REFERRALS:
City Attorney __ Parks Dept. School District
City Engineer Bldg Inspector __Rocky Mtn NatGas
Housing Dir. Fire Marshal __ CDOT
Aspen Water __ Holy Cross __ Clean Air Board
City Electric __ Mtn. Bell __ Open Space Board
Envir. Hlth. ACSD __ Other
Zoning Energy Center Other
City Att~ City EngineerSZoning
FILE STATUS AND LOCATION:
MEMORANDUM
TO: Mayor and Council
THRU: Amy Margerum, City Manager
FROM: Leslie Lamont, Interim City Planning Director
DATE: September 12, 1994
RE: 409 East Hopkins GMQS Extension Request - Second Reading
Ordinance 39, Series of 1994
SUMMARY: The applicant, Kandycom, Inc., has requested an extension
to their 1990 GMQS allotment for the development of the commercial
project at 409 East Hopkins Avenue. The extension request is for
ninety(C~)".day~.until October 22, 1994.
Staff recommends approval of the ninety day extension.
The applicant originally requested a sixty day extension, but at
first reading the applicant revised the application to request a
ninety day extension. The revised request is based upon the slow
permit review process.
Council approved Ordinance 39 on first reading at the August 22
meeting.
Please see attached Ordinance 39 Series of 1994.
This proposal is not affected bythe proposed Overlay zone district
as the building permit application was submitted May 26, 1994.
BACKGROUND: Council approved the 1990 GMQS allocation for 409 East
Hopkins on December 17, 1990 and an excess allocation on January
24, 1991.
Council approved a six month extension of the GMQS allocation in
December of 1993. The allocation would have expired January 24,
1994. With the six month extension the GMQS allocation expired
July 24, 1994. It is the policy of the Planning Department that
if an extension request is made prior to the expiration date then
an extension may be requested and considered.
STAFF COMMENTS: The applicant, Kandycom Inc., submitted an
application for a building permit on May 26, 1994. That
application has been making its way through the review process
which includes plan check by the Zoning and Building Departments
and other departments such as Engineering and Environmental Health.
Section 24-8-108 of the Municipal Code states that a development
allotment and all other development approvals shall expire on the
day after the third anniversary of the latest date of project
approval, unless a building permit is obtained and the project is
developed, or unless an exemption from or extension of the approval
is obtained.
For developments other than a subdivision, an application for
extension shall be submitted prior to the third anniversary of the
date of approval of a site specific development plan which shall
demonstrate to the satisfaction of city council that:
(a) Those conditions applied to the project at the time of its
final approval which were to have been met as of the date of
application for exemptions have been complied with; and
RESPONSE: The applicants have complied with all the conditions of
approval that were required. As part of review of the building
permit application, the required impacts fees of $512,171.48 were
recently paid for parking, open space, and park development impact
fees. In addition, the applicants purchased and turned over to the
Housing Office the Smuggler Mountain Apartments which added 11
apartments to the community's affordable housing inventory.
(b) Any improvements which were required to be installed by the
applicant prior toconstruction of the project have been installed;
and
RESPONSE: No public improvements were required of this project
until the issuance of building permits. The applicant is working
with specific city departments to determine the improvements that
will be required during development.
(c) The project has been diligently pursued in all reasonable
respects, and the extension is in the best interest of the
community.
RESPONSE: The application is diligently pursuing a building permit
and is currently working with several city departments to complete
the permit review so a building permit may be issued. Because of
the extensive review of the project and the number of applications
that were submitted in May, the building permit is still being
reviewed and the six month extension period has run out before the
permit could be issued (it ran out July 24, 1994). Therefore the
applicant is requesting a 90 day extension while the work on the
building permits continue.
Although staff recommended against additional extensions after the
initial six month extension, the applicant has been diligently
pursuing the issuance of the building permit. Therefore, staff
believes that 90 more days is appropriate.
RECOMMENDATION: Staff recommends approval for a ninety (90) day
extension of the 1990 Commerical GMQS allocation for 409 East
Hopkins.
The ninety (90) day extension shall begin at the date of expiration
which is July 24, 1994 and expire on October 22, 1994.
RECOMMENDED MOTION: "I move to adopt OrdinanCe 39, Series of 1994
extending the 1990 Commercial GMQS allocation for 409 East Hopkins
from July 24, 1994 to October 22, 1994."
CITY MANAGER'S COMMENTS:
Ordinance 39, Series of 1993
EXHIBIT:
A. Extension Request
B. Public Notice
ORDINANCE 39
(SERIES OF 1994)
AN ORDINANCE OF THE ASPEN CITY COUNCIL GRANTING A NINETY DAY
EXTENSION OF THE 1990 COMMERCIAL GMQS ALLOTMENT GRANTED BY
RESOLUTION 90-58 AND RESOLUTION 90-61, FOR THE 409 EAST HOPKINS
COMMERCIAL DEVELOPMENT, 409 EAST HOPKINS AVENUE, ASPEN COLORADO.
WHEREAS, pursuant to Section 24-8-108 of the Aspen Municipal
Code, City Council may grant an extension of GMQS allocations up
to six months; and
WHEREAS, on December 17, 1990 and January 24, 1991, City
Council approved a GMQS allocation for the development of the 409
East Hopkins commerical development at 409 East Hopkins Avenue; and
WHEREAS, development allotments expire on the day after the
third anniversary of the date the GMQS allocations, or other
development approvals, have been awarded; and
WHEREAS, the City Council granted a six month extension for
the project allocations to expire on July 24, 1994; and
WHEREAS, the applicant, Kandycom Inc., has requested another
extension of ninety (90) days of the GMQS allocation in order to
complete the building permit review process which will result in
the issuance of a building permit to commence construction of the
approved development; and
WHEREAS, the Planning Office, having reviewed the application
recommends approval of a ninety (90) day extension of the GMQS
allotments approved in Resolution 90-58 and 90-61; and
WHEREAS, the Aspen City Council having considered the Planning
Officers recommendation for the GMQS extension does wish to grant
the requested extension for ninety (90) days beyond the initial
extension granted in Ordinance 59, Series of 1993 for the 409 East
Hopkins project.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF ASPEN, COLORADO:
SeCtion 1:
Pursuant to Section 24-8-108 of the Municipal Code, City Council
does hereby grant the applicant a ninety (90) day extension of the
1990 office GMQS allocation approved by Resolution 90-58 and
Resolution 90-61 and extended by Ordinance 59, Series of 1993 for
409 East Hopkins Avenue beginning July 24, 1994 and ending October
22, 1994.
Section 2:
If any section, subsection, sentence, clause, phrase or portion of
this ordinance is for any reason held invalid or unconstitutional
by any court of competent jurisdiction, such provision and such
holding shall not affect the validity of the remaining portions
thereof.
Section 3:
This Ordinance shall not effect any existing litigation and shall
not operate as an abatement of any action or proceeding now pending
under or byvirtue of the ordinances repealed or amended as herein
provided, and the same shall be conducted and concluded under such
prior ordinances.
Section 4:
A public hearing on the Ordinance shall be held on the 12th
day of September, 1994 at 5:00 P.M. in the City Council Chambers,
Aspen City Hall, Aspen Colorado, fifteen (15) days prior to which
hearing a public notice of the same shall be published one in a
newspaper of general circulation within the City of Aspen.
INTRODUCED, READ AND ORDERED PUBLISHED as provided by law, by the
City Council of the City of Aspen on the day of
, 1994.
John Bennett, Mayor
ATTEST:
Kathryn s. Koch, City clerk
FINALLY, adopted, passed and approved this day of
, 1994.
John Bennett, Mayor
ATTEST:
Kathryn 8. Koch, City clerk
.:,,~,.~. , itay~a##{lli.v, August 13-14, 1994 · ~he As~n l~mes 2~
Public No~ce.
'.
":' : ' ' "';::C "
· .,~: : :
VIII L
TO: Mayor and Council
THRU: Amy Margerum, City Manager
FROM: Leslie Lamont, Interim City Planning Director
DATE: August 8, 1994
RE: 409 East Hopkins GMQS Extension Request - First Reading
OrdinanceS, Series of 1994
SMY: The applicant, Kandycom, Inc., has requested an extension
to their 1990 GMQS allotment for the development of the coMercial
project at 409 East Hopkins Avenue. The extension request is for
sixty (60) days until September 22, 1994.
Staff reco~ends approval of the sixty day extension.
Please see attached OrdinanceS, Series of 1993.
~is proposal is not affected bythe proposed Overlay zone district
as the building permit application was submitted May 26, 1994.
BACK~O~: Council approved the 1990 GMQS allocation for 409 Bast
Hopkins on December 17, 1990 and an excess allocation on January
24, 1991.
Council approved a six month extension of the GMQS allocation in
Dece~er of 1993. The allocation would have e~ired January 24,
1994. With the six month extension the GMQS allocation expired
July 24, 1994. It is the policy of the Planning Department that
if an extension request is made prior to the expiration date then
an extension may be requested and considered.
ST~F CO~ENTS: The applicant, Kandycom Inc., submitted an
application for a building pemit on May 26, 1994. That
application has been making its way through the review process
which includes plan check by the Zoning and Building Departments
and other departments such as Engineering and Environmental Health.
Section 24-8-108 of the Municipal Code states that a development
allotment and all Other development approvals shall expire on the
day after the third anniversary of the latest date of project
approval, unless a building pemit is obtained and the project is
developed, or unless an exemption from or extension of the approval
is obtained.
For developments other than a subdivision, an application for
extension shall be submitted prior to the third anniversary of the
date of approval of a site specific development plan which shall
demonstrate to the satisfaction of city council that:
(a) Those conditions applied to the project at the time of its
final approval which were to have been met as of the date of
application for exemptions have been complied with; and
PaSPONSE= The applicants have complied with all the conditions of
approval that were required. As part of review of the building
permit application the required impacts fees of $512,171.48 was
recently paid for parking, open space, and park development impact
fees. In addition, the applicants purchased and turned over to the
Housing Authority the Smuggler Mountain Apartments which added 11
apartments to the community~s affordable housing inventory.
(b) Any improvements which were required to be installed by the
applicant prior to construction of the project have been installed;
and
RESPONSE= No public improvements were required of this project
until the issuance of building permits. The applicant is working
with specific city departments to determine the improvements that
will be required during development.
(c) The project has been diligently pursued in all reasonable
respects, and the extension is in the best interest of the
community.
RESPONSEz The application is diligently pursuing a building permit
and is currently working with several city departments to complete
the permit review so a building permit may be issued. Because of
the extensive review ofthe project and the number of applications
that were submitted in May, the building permit is still being
reviewed and the six month extension period has run out before the
permit could be issued (it ran out July 24, 1994). Therefore the
applicant is requesting a 60 day extension while the work on the
building permits continues.
Although staff recommended against additional extensions after the
initial six month extension, the applicant has been diligently
pursuing the issuance of the building permit. Therefore, staff
believes that 60 more days is appropriate.
RECOMMENDATION= Staff recommends approval for a sixty (60) day
extension of the 1990 Commerical GMQS allocation for 409 East
Hopkins.
The sixty (60) day extension shall begin at the date of expiration
which is July 24, 1994 and expire on September 22, 1994.
RECOMMENDED MOTION= "I move to read Ordinance__, Series of 1994."
"I move to approve Ordinance , Series of 1993 on first reading
extending the 1990 Commercial GMQS allocation for 409 East Hopkins
from July 24, 1994 to September 22, 1994."
OrdinanceS9__, Series of 1993
EXHIBIT:
A, Extension Request
EXHIBIT A
AUSTIN, PEIRCE & SMITH, ~C.
A~om~s ~ ~w
600 East H~s A~nue
Sui~ ~5
R~d D. A~n A~en, Colondo 81611 ~ ~3~>
Fn=de~ckE~i~ July 14, 1994
Rh0n~ ].
C~ty Counc~
C~ty o~ Aspen
130 South GaXena Street
Aspen, Colorado 8~61~
~spen/P~tk~n county 2zann~ng O~£~ce
c/o ~es~e ~amont
130 South Galena Street
~spen~ Colorado 81611
Re: 409 ~ast Hopkins ~oject -/pp~cat~on ~or S~xty (60) day
~xtens~on o~ GMQS~-t~ol~aents
Dear ~ayor~ Counc~ and/~s. ~amont:
Th~s £~zTa~epresents Kandycom, ~nc. ("~andycom"), the owner
the property ~ocated at 409 ~ast Hopkins ~venue~ ~ots Dt ~ and
S~oc~ 88, C~tyand ~owns~te o~ ~spen (the "Property"). ~h~s ~etter
sha~Z se~re as an application £or a s~xty day extension o~ the
Growth Management Quota System ("G~QS") ~otment and ~s being
submitted pursuant to Section 8-~08 o~ the ~and Use Regulations o£'
the C~ty o~ ~spen ~un~c~pa~ Code (the "Code").
Due D~Qence. The or~g~na~ G~QS a~otraent approvals £or th~s
Property were scheduled to expire on 3anuary24, Z994t however, the
C~tyCounc~ approved a s~x month extension through ~u~y 24, 1994.
S~nce that t~rae, ~andycom has d~gent~y pursued the project
~na~ng design development d~aw~ngs~ obtaining H~stor~c
PreServation Connn~ss~on ("HPC") app=ova~ and approva~ £o~ an
~nsubstant~a~ amendment to the GZ~QS development approval.
chronology o~ events prepared by Dave Ryba~ at B~ Poss &
Associates ~s attached he~eto and ~ustrates the e~orts made by
Kandycom to d~gent~y pursue the project. ~ o~ the ~tems
oonta~ned ~n the ch~ono~og7 o~ events were processed ~n an
expeditious manne~.
On ~ay 26, 1994, an application £or a building pe~n~t was
s~bm~tted to the Aspen/P~tk~n County Building Department. ~he
Building Department d~d not take any action on the application
unt~ 3u~y 11, ~994 at which tLme B~ Drued~ng, the ~on~ng
O~cer, ~nd~cated that p~oject meets a~ zoning area and
~equ~rements. He could not s~gn o~£ on the application, thought
s~nce the C~ty's £~e containing the conditions o~ approva~ ~s
m~ss~ng. Basedon the pace o~ the rev~e~ process to date,
appears that ~t w~ be another two or th:ee veers before the
AUSTIN, PEIRCE & SMITH, P.C.
Attorneys At I.~.w
City Council
July 14, 1994
Page2
application is approved. By that time, the GMQS allotment approval
will have expired. Based upon the past experience of Bill Poss &
Associates, Kandycom believes it submitted the building application
within a reasonable time to obtain approval prior to expiration of
the GMQS allotment, but there have been delays beyond its control.
Timing of Application. Section 8-108 of the Code requires
that an application for extension of awarded allotments under the
provisions of the growth management quota system be submitted prior
to the third anniversary of the date of approval of a site specific
development plan. The third anniversary of the date of approval
was January 24, 1994 and the extension of the approvals expires on
July 24, 1994. Therefore, this application is submitted within the
time requirements of the Code.
Compliance with Approval Conditions. While there were a
number of conditions imposed on the project as a subject of
approval, none of them needed to be fulfilled prior to the date of
this application.
Construction of Improvements. No improvements were required
to be installed by Kandycom prior to construction of the project.
Affordable housing was provided by Kandycom well in advance of the
building permit application at a cost of $925,000.00.
Best Interests of the Community. The project received
approval by the HPC, indicating a greater compatibility with
surrounding buildings than the existing structure. In addition,
the substantial development exactions to be paid at the time of
building permit approval will help pay for planned public
improvements.
Based on the foregoing, Kandycom hereby requests a sixty day
extension of the GMQS allotment approvals for the Property.
Sincerely,
AUSTIN, PEIRCE & SMITH, P.C.
By'
RJB/dJw
AUSTIN, PglKCE & SMITH, P.C.
Attorneys At Law
City Council
July 14, 1994
Page 3
cc: Kandycom, Inc.
Richard S. Cohen, Esq.
Mr. Dave Rybak
Enclosures:
1. Proof of ownership Of the property consisting of a deed
from Laura Donnelly to K and Y, Inc., and an amendment to the
Articles of Incorporation of K and Y, Inc. reflecting a change in
the name of the corporation to Kandycom, Inc.
2. Authorization for Austin, Peirce & Smith, P.C. to
represent Kandycom, Inc. in this matter.
3. Agreement for Payment of City of Aspen Development
Application Fees, with an initial deposit of $978.00.
4. Chronological Report for 409 E. Hopkins prepared by Dave
Rybak of Bill Poss & Associates.
JUL 12 ~g4 BILL~Q~SS&ASSOCIATES /~ P.1
605 EAST MAIN STREET
ASPEN, COLORADO 81611
MEMORANDUM (updated)
TO: Tom Smith
FROM: Dave Rybak
DATE: Ju'ly 12~ 1994
RE: CHRONOLOGICAL REPORT FOR 409 E. HOPKINS
SINCE 11/04/93, COMMENCEMENT OF ALTERNATE DESIGN
PROPOSAL FOR 409 E. HOPKINS
11/04/93 GMQS pre-application meeting with Leslie LaMont, City Planning
Department.
Result.' revision to design constitutes an insubstantial amendment to
the GMQS proposal.
11/08/93 HPC pro-application meeting with Amy Amidon.
Result: revision to design constitutes an insubstantial amendment to
the HPC proposal.
Consensus: design change favorable.
11/30/93 Formal application for an amendment to the conceptual development
application submitted by Kandycom, Inc,
Issues: Alter front facade and reconfigure interior courtyard,
12/06/93 City granted ordinance OR-59 to extend GMQS allocations for the
commercial development of 409 East Hopkins Avenue for a period of
(6) six months ending July 24, 1994.
12/08/93 HPC granted conceptual approval for the revised building design.
Table for final HPC approval.
01/13/94 Formal application for an insul3stantial amendment to the GMQS
development order: Proposed change reviewed and approved by
HPC, December 8, 1993.
..
JUL '94 BILL PO~b&HSbu~1Ht~o
~ ,......,,,
03/16/94 Completed Design Development drawings for construction estimate.
03/21/94 Insubstantial GMQS Amendment approved.
04/20/94 Received construction estimate from Herrlean Construction, Inc.
05114194 Application for final HPC approval submitted.
05/18/94 Final HPC approval for revised building design.
05/26/g4 Submitted application for building permit.
07107194 Met with Bill Drueding, Zoning Officer, to review permit application.
07/11/94 Met with Bill Drueding, Zoning Officer, to clarify zoning requirements.
The'application meets all zoning bulk requirements; however, he could
not sign-off on the application because a missing city file which clarifies
all conditions of approval. Mr. Drueding and I met with Gary Lyeart,
Head Building Official, to gain approval for the application to be routed
forward through the approval process without Bill's sign-off. Gary
approved this process and Bill will sign-off prior to issuance of the
Building Permit.
07112194 Met with Bill Drueding, Zoning Officer, and reviewed each resolution
and ordinance passed by the City of Aspen. We have met all
conditions for approval and we agreed upon the fee amounts of those
approvals. Mr. Drueding will sign-off on the permit today, The fees are
due when the permit is picked up. The fees are as forlows, but will be
confirmed in writing by the Zoning Department. Also due when picking
up the permit will be the Zoning Check Fee and the Building permit fee.
Parking $255,000.00
Open Space 237,500.00
Park Dedication 19,671.48
Total $512, 171 48
2
Zoning Check Fee $810.00
Estimate based on hours required for review
Building Permil Fee $9,189.50
$639.50 for $100,000 of construction cost
$~,.50 for each additional $1,000 of construction cost
Other fees to be paid at the time of permit pick up:
Water Tap Fee (unknown)
Sewer Tap Fee (unknown)
Both are calculated during the permit process by the city department
and no estimates can be given prior.
If there are any questions, please feel free to contact me.
cc: Dick Cohen
3
July 11, 1994
KANDYCOM, INC.
POSt Office Box 1135
Mammoth Lakes, California 93546
Pie. Leslie Lamont
Aspen/Pitkin Planning Office
130 South Galena Street
Aspen, Colorado 81611
Re: 409 Mast Hopkins Project =x~ension of G~DS Allotments
(Section 8-108)
Dear Ms. Lamont:
This is to oonfirm that Kandycom, Inc., owner of Lots Dt Et
and F, Block 88, City and Townsite of Aspen, excepting therefrom
the southerly twenty (20) feet of Lots D and E, Block 88, also
known as 409 East Hopkins Avenue, Aspen, Colorador hereby consents
to the representation of Kandycom, Inc. by the firm Austin, Petroe
& Smith, P.C., with respect to the above-referenced application.
Sincerely,
asuko It~f~ura, Vice nt
ASPEN/PITKIN PLANNING OFFICE
Agreement_for Payment of City of Aspen Developmenl:..Applica.tion..Fees
CITY OF ASPEN (heroinafter CITY) and Kand~Lcop, In.c.
(heroinafter APPLICANT) AGREE AS FOLLOWS:
i. APPLICANT has 'submitted to CITY an application for
Sixty (60) day extension of GMQS allotments, 409 East Hopkins Project
(heroinafter, THE PROJECT).
2. APPLICANT understands and agrees that City of Aspen Ordinance
No. 77 (Series of t992) establishes a fee structure for Planning Office applications
and the payment of all processing fees is a condition precedent to a determination
of application completeness.
3. APPLICANT and CITY agree that because of the size, nature or
scope of the proposed project, it is not possible at this time to ascertain the full
extent of the costs involved in processing the application. APPLICANT and
CITY further agree that it is in the interest of the parties to allow APPLICANT
to make payment of an initial deposit and to thereafter~Cermit additional costs to
be billed to APPLICANT on a monthly basis. APPL ANT agrees he will be
bonefiled by retaining greater cash liquldity and will make additional payments
upon notification by the CITY when they are necessary as costs are incurred.
CITY agrees it will be bonefiled through the greater certainty of recovering its full
costs to process APPLICANT'S application.
4. CITY and APPLICANT further agree that it is impracticable for
CITY staff to complete processing or present sufficient information to the
Planning Commission and/or City Council to enable the Planning Commission
and/or City Council to make legally required findings for project approval, unless
current billings are paid in full prior to decision.
5. Therefore, APPLICANT agrees that in consideration of the CITY 's
waiver of its right to collect full fees prior to a determinat/on of application
completeness, ,APPLICANT shall pay an initial deposit in the amount of $
which is for ......~.. hours of Plann/ng Office time, and if actual .recorded costs
exceed the initial deposit, APPLICANT shall pay additional monthly billings to
CITY to reimburse the CITY for the processing of the application mentioned
above, inctud/ng post approval review. Such periodic payments shall be made
within 30 days of the billing date. APPLICANT further agrees that failure to pay
such accrued costs shall be grounds for suspension of processing,
CITY OF ASPEN APPLICANT
Kandycoilt, TnC,:
Diane Moore Mai dre~s; /
City Planning Director vos~ ~o~ice Box
.~lararaot:h Lakes,' C/'~ 93546
Date:
2
~..l~ccpd.uN~.~Stlvia Davi~ :~.~tkin Cnty Clef'k, Do~ S
WARRANTY DEED
~'!llS DE~D, ~h~ ~Is 2 9 th 4~ ~[ March
..
olin: 'coun,yo~ Pitkin'
l~o[Colorado.~Janlot. a.d X ~Dd~ IDO,
, cote,ration org~izcd end
e~isling under a,d by viilee of Ihc laws of Oac Slmle of CO 1 oracle . gta,~c: whose Icgnl edd~s~ is 7 15 WB B t
' '
Wrl'HF~SETH, Thallhcgra,h,.futandinconstdcralionoflZ~sm, o[ Tell Dollars ($10.00) add other
good and valuable considerations /~
a~e ~ceipl and sufficiency of whld~ is I~ttby Kb~lcdged. hM grated, bargained, ~ld and con~d. and b) the~ ptcscnts d~s g~ a,t. bugaln. sell.
.isot.t~vnbyst~cla.d.t,,.l~,as: 409 East Hopkins Ave., Aspen, Colorado
TOGETIH;R ~hh aH m,d ~h~u]a[ lhc hctcdilamcjns and appu~lcnanccs d,ctru.m ~hmfi.r t,t i. ~t~)~i~c al,i~Hal.i.F. and the
~, cncumbranccs, pnd~sttklion~oJ~h~cvc, kh,d~,Tn~lu~st~vc,.tx~rp~ and subject to those matters set
fermi ExhibiE A a~tached he. redo and made a par~ .hereof by this
re ference.
li
FRoM
1. General taxes and asseSsmentS f0~ 1991 and subsequent years.
2. Resel~;ations and exceptions as contained In the Deed from
the City of Aspen providing as follows: That no title shall
be hereby acguired to any mine of gold, silver, cinnabar or
copper or to any valid mining claim or possession I~eld under
existing laws; and subject to ~11 the conditions,
limitations and restrictions contained in Section 2386
the Revised Statutes of 'the United States, in Deed recorded
in Book 79 at page
3. Terms, condition~ and agreements as contained in instrument
recorded ill Book 239 at pa~e 436.
4. Easement over the Southerly 7.0 feet of the Easterly 10.0
feet of Lot F, Block 88, City and Townsite of Aspen, as set
forth in Decree recorded June 20, 1979 ill Book 371 at page
85,
5. Encroachments as shown on Improvement Survey prepared by
Aspen Survey Engineers, Inc., as Job No. 17255, dated
August, 199D.
6. With the exception of the title warranties contained in the
attached warranty deed, Grantor makes no warranties or
representations of a~y kind or character, express or
implied, with respect to the subject property and premises,
including but not limited to warranties or representations
as to zoning, tax consequences, physical boundaries,
encroachments upon the property or upon adjoining property,
closure of legal description, ingress or egress, operating
history or projections, valuation,' governmental approvals,
governmental regulations or any other matter or thing
relating to or affect.lng the property. With the exception
of tile title warranties contained in the attached warrarity
deed, Grantee has not relied .upon and will not rely upon,
either directly or indirectly, any representation or
warranty of Grantor. Grantee represents that it is a
knowledgeable purchaser of commercial real estate and that
it is relying solely on its own expertise and that of
Grantee's consultants, and that purchaser has conducted such
inspections and investigations of the property, including,
but not limited to, the costs associated with the
development of the property including the exactions
associated with the commercial square footage allocation
awarded by the City of Aspen and other development costs,
the physical and environmental conditions thereof, and is
relying upon same, and hereby assumes the risk that adverse
matters, including, but not limited to, adverse physical al~d
environmental conditions, may not have been revealed by
Grantee's inspections and investigations. Httl~ respect to
the environmental conditions relating to the property,
Grantor l~ereby repreGents to Grantee that to the best of her
knowledge there are no adverse environmental conditions
affecting the property. Grantee acknowledges and agrees
that Grantor is selling and co~lveyin~ to Grantee an~ Grantee
isacoeptin~ the property "~s. is, w]~ere is," with ~11
f~ults, and there are no oral egreements, war.rantieS or
representations, collateral to or ~ffecting the property by
Grantor or any third party excepting the title w~rr~ntie~
contained in the ~tt~ched ~rranty deed.
-2-
OI D
" DEPARTMENT OF
~ SI'ATE
CERTIFICATE
I, NATALIE HEYER, .5eere~ery of 5~a~e of ~ho S~a~e of
Coleredo hereby certify ~he~ ~he prerequisites for
issuenee of ~hls o~tftea~e ha~e been fulftll¢d in
anoe wt~h law and a~e found ~o ~onform ~o law.
A~cordinE1y, ~he underslEned, by. vtz'~u~ of ~he authority
v'
vested in me by law, h~reby issues A CERTIFICATE OF
AHERDHENT TO KANDYCOH, INC., FORHERLY KNOI~'N AS K AND Y,
Da~ed: APRIL 4, 1991
SECRE'I'ARY OF SI'A'IE~~
Corpratlons
. ARTICL~ OF AMENDMENT
to thr
Amc~dmtnls to hs Art(tits d Incor~ration:
FIRST: 1~ nan~ e[ tl,c cobration'is (note I) K and Y, Ine.
SEC~D; 1 ~ f~B~'h~ ~n~ndngn~ to tht A:~Idts ~ ~ncot~tation w~ adopted an 19 ,
~ p:~ikd h' ~ Curaterio Collation C~t. in the manner ma:kcd ~ ith an X kl~':
__ Such at.cnd~ut ~'~ adopted by the t~d of dhcclbts ~hcfc no sha~cs have ~cn issued.
X , Such au~ndo~nt ~ ad~pted by a vote o[ ~h~ sh~th~ldcts. 1he numkt or shares v~cd for
suf~clenl for
~TICLE FIRST oI the Articles o( lncorproa~ion ~[ the corporation shall be
amended to read ~n its entirety as follows:
"~T1CLE FIRST: The name D[ the corporntt~n is Kandyc~m, Inc."
FOUR. TI I: 'l'bc mannel in whk:h .~uch Ifr cndmcrfi c J'l'ccl~. i chanCt in Iht linttoni ~f t, lalc~ c lep~tal .and the .urK~unl
chanrcd I,.~ ,~ut'll anx:lldH~ll|. lie a*; ft~lh,'~',..: lID chBnge
K and Y, Inc;
MEMORANDUM
TO: Bill Drueding, Zoning Officer
FROM: Leslie Lamont, Senior Planner
DATE: Ma~ch 21, 1994
RE: InSubstantial GMQS Amendment- 409 East Hopkins
SUMMARY: Th& applicant, Kandycom Inc., seeks to reconfigure the
courtyard onethe second level of the proposed building.
LOCATION: 409 East Hopkins, Commercial Core Zone District, Aspen
APPLICANT: K~ndycom Inc., as represented by Bill Poss & Associates
PROPOSAL: The applicants received a GMQS c0mmerical allocation for
6,823 square feet of net leasable square footage in 1990. The
existing building on-site represents 2,375 square feet of net
leasable. A total of 9198 square feet of net leasable commercial
square foota~[e was approved for the 409 East Hopkins development
plan and a total of 11,629 square feet of floor area. The
development ~pproval was for a two story commercial building with
an open courtyard on the second floor. The applicant proposes to
reconfigure ~he courtyard making it "more accessible and inviting
from the street level". According to the applicant, the facade
will be broken at the upper level so the mass of the building will
compliment the rhythm created by the historic landmarks on either
corner. No increase in floor area or net leasable square footage
will result in this amendment.
STAFF COMMENTS: Pursuant to Section 24-8-107, a development order
approving a development allotment may be amended and approved by
the planning!director prior to construction if the change is a
minor amendment which the planning director finds has no effect on
the conditions and representations made during the original project
review. ..
RESPONSE: The reconfigured courtyard does not change the floor
area or net leasable square footage that was approved. According
to the submitted plans the total net leasable for the development
will be 9,11~ square feet and the total floor area 11,626 square
feet.
HPC carefull~ reviewed this project during the original GMQS review
and scoring. iThe HPC has reviewed the proposed changes and granted
conceptual approval to the amendments. HPC must grant final
approval before the issuance of any building permits incorporating
these amendments.
RECOMMENDATION: Staff recommends approval of this amendment to the
1990 GMQS development order with the following conditions:
1. The applicant receive final HPC approval prior to the issuance
of any building permits.
2. All representations made in this application shall be
considered c~nditions of approval unless amended.
I hereby approve the amendment to the
1990 GMQS development order for 409 East
2
605 EAST MAIN STREET
ASPEN, COLORADO 81611
T~LEPHONE 3~3/925-4755
FACSIMILE 303/92~.29~0
January 13, 1994
Leslie Lamont
City of Aspen, Planning Office
130 S, Galena
Aspen, CO 81611
RE: KANDYCOM - 409 E. HOPKINS
Dear Leslie:
Please consider this letter and the accompanying information a formal application
for an insubstantial amendment to the GMQS development order for the above
referenced project. The proposed change was reviewed and approved by the HPC
on December 8, 1993.
The nature of our change is cosmetic and no increases to the proposed F.A.R. or
net leasable areas are contemplated. The enclosed plans show F.A.R. and net
leasable numbers. As you will notice, the proposed changes will be more of an
enhancement to the surrounding neighborhood. The courtyard on the upper level
has been reconfigured to make it more accessible and inviting from the street level.
The facade has broken at the upper level so that the mass of the building seems to
more compliment the rhythm created by the historic landmarks on either corner.
Finally, we would like to point out that .none of the conditions and representation
made during the Grv1QS process are comprised by this revision.
Please review this information and process our application as soon as practical. If
you have any questions, please do not hesitate to call.
Sincerely,
Kim Weil
Project r',/lanager
93430113,1tr
k~~ -= LAND USE APPI~ICATION FORM
-~ 1. Project Name:~409 East Hopkins
North 80z of Lots E and E and all of Lot F, Block
/ 2. Project Location:
88, Aspen Townsite.
(Indicate street address, lot and block n~mber, legal description
where appropriate)
3. Present Zoning: CC 4. -Lot Size: 7823 sq.ft. '
5. Applicant's Name, Address &Phone No.: Kandycom, Inc.
301E. Colorado Blvd., STE 202; PasadenajCA 91101 (818)584-3061
6. Represen~ative's Name, Address & Phone No.:Bilf Poss & Associates;.
605 E. Main.'St.; Aspen, CO 81611-2924/(303) 925-4755
7. Type of Application (Please check all that apply):
__ Conditional Use . Conceptual SPA __Conceptual Historic
Development
__ Special Review . Final SPA
__Final Historic'Dev.
__ 8040 Greenline Conceptual PUD
..... Minor Historic Dev.
__ Stream Margin Final PUD
Historic Demolition
__ Mtn. View Plane Subdivision
...... Historic Designation
__ Condominiumization .... Text/Map Amendment
GMQS Allotment
__ Lot Split/Lot Line ~GMQS Exemption by
Adjustment Planning Dir. GMQS Exemption
8. Description of Existing Uses (number and type of existing
structures; approximate square feet; number of bedrooms; any
previous approvals granted to the property):
Vacant two split-level commercial buildfng, sculpture garden
9. Description of DevelOpment Application:
Request for aesthetic change to approved project.
!0. Have'you attached the following?
RespOnse to Attachment 2, Minimum Submission Contents
Response to Attachment 3, Specific Submission Contents
--~_~ ..... ~_~ ..... ~_~ ..... ~ ................ ~ .........
DURANT I ..................................4
I II II II II i I[
' ' ' ..... J ' T/"
~ I J r"
VICINITY MAP
AT NO
AusTnq, PEmCE & SMrrH, P.C.
A~rneys A~ Law
~ v. ~ As~n, Colondo 81611 Ta~ (~s) ~-~
~ms~i~ Nove~er 30 ~ 1993
City of Aspen
Historic Preservation Committee
130 South Galena Street
Aspen, Colorado 81611
RE: 409 East Hopkins Project
Dear Members of the Committee:
In connection with the above referenced application for HPC
Conceptual and Final Development Approval, please find the
following:
1. Authorization letter signed by Yasuko Itakura, Vice
President of Kandycom, Inc., consenting to representation of the
property owner' by Bill Poss and Associates and Austin,
Peirce & Smith, P.C.
2. Warranty Deed dated March 29, 1991, from Laura Donnelley
to K and Y, Inc., deeding title to the property to K and Y, the
predecessor in interest to Kandycom, Inc. I have attached the
Certificate of the Colorado Secretary of State, approving an
amendment to the Articles of Incorporation of K and Y, Inc.,
changing its name to Kandycom, Inc.
Based upon the foregoing information, it is my opinion that
Kandycom, Inc. is the owner of the property described in the above-
referenced deed and knownas 409 East Hopkins Avenue. Accordingly,
Kandycom as the sole owner of the property is authorized to pursue
this application and has delegated authority to Bill Poss and
Associates and Austin, Peirce & Smith, P.C.. to represent them in
this matter.
Very truly ou
BY:Thomas~
TFS/smg
ASPEN/PITKIN PLANNING OFFICE
130 South Galena Street
Aspen, Colorado 81611
Phone 920-5090 FAX 920-5197
MEMORANDUM
TO: Zoning Administration
FROM: Leslie Lamont, Planning Office
409 E. ttopkin~ Insubstantial Amendment to GMQS
Pared ID No. 2737-073-39-004
DATE: February 15, 1994
Attached for your review and comments is an application submitted by Kandycom, Inc.
Please return your comments to me no later than March 1.
Thank you.