HomeMy WebLinkAboutLanduse Case.AP.530 S Galena St.A072-962737-182-73-071 A72-96
Tipple Insub. Ammend to a Condo m nte-
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Aspen/Pitkin Community
Development Department
130 South Galena Street
Aspen, Colorado 81611
(970)920-5090
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CASELOAD SUMMARY SHEET - CITY OF AN
DATE RECEIVED: 10/15/96 CASE # A72-96
DATE COMPLETE: STAFF: Kim Johnson
PARCEL ID # 2737-182-73-071
PROJECT NAME: Tipple Lodge Insubstantial Amend to a Condo Agreement
Project Address: Unit No. 14 Tipple Lodge, 530 S. Galena
APPLICANT: Mary I. Faulkner
Address/Phone: 530 S. Galena #14, Aspen, Co. 81611
REPRESENTATIVE: Wright & Adger
Address/Phone: 201 N. Mill St. Suite 106, Aspen, 81611 925-5625
RESPONSIBLE PARTY: Representative Other Name/Address:
FEES DUE
FEES RECEIVED
PLANNING
$450
PLANNING
$450,
# APPS RECEIVED 1
ENGINEER
$0
ENGINEER
$
# PLATS RECEIVED
HOUSING
$0
HOUSING
$
GIS DISK RECEIVED:
ENV HEALTH
$0
ENV HEALTH
$
CLERK
$0
CLERK
$
TYPE OF APPLICATION
TOTAL
$450.
TOTAL RCVD $450.
Staff Approval
❑ City Attorney
❑ City Engineer
❑ Zoning
❑ Housing
❑ Environmental Health
❑ Parks
DATE REFERRED:
❑ Aspen Fire Marshal
❑ City Water
❑ City Electric
❑ Clean Air Board
❑ Open Space Board
❑ Other:
APPROVAL: Ordina olution #
taff Approval
Plat Recorded:
CLOSED/FELED DATE: Jq4 INITIALS:
ROUTE TO:
❑ CDOT
❑ ACSD
❑ Holy Cross Electric
❑ Rocky Mtn Natural Gas
❑ Aspen School District
❑ Other:
DATE DUE:
Date:
Date: /fl a
Book age
L _ 1
MEMORANDUM
TO: Stan Clauson, Community Development Director
FROM: Kim Johnson, Planner
RE: Tipple Lodge Insubstantial Amendment to Condominiumization Agreement
DATE: October 10, 1996
SUMMARY: The applicant is seeking to amend a 1979 subdivision exemption agreement
which was recorded for the condominiumization of the Tipple Lodge. The agreement
stipulated that the ten lodge units would be short-term rentals. The requested change is that
one of the units be rented to a working resident of Pitkin County for a one year period.
Staff recommends approval of this request because of its finite nature, and the fact that the
agreement was made when the short-term lodging situation was very different than today.
Application information is attached.
APPLICANT: Mary I. Faulkner
LOCATION: Unit No. 14 Tipple Lodge, 530 S. Galena
ZONING: L/TR
BACKGROUND: The parcel contains two studio apartments and ten lodge units
(sleeping/living area and bath) of approximately 350 s.f. each. When the property was
condominiumized in 1979, the applicant adressed the requirement of City Council to retain
L-2 (now L/TR) zone lodge units in the short-term lodging pool. They included in the
subdivision exemption agreement a condition that the ten units would "be made available
for short-term rental at market rates and shall be registered with a central reservations entity
in Pitkin County."
STAFF COMMENTS: During the past several years there has been shifts in the short-
term lodging market. There have been some loss of small lodge accommodations, but the
Ritz Carlton has brought over 200 rooms on line. According to some small lodge owners,
the rental of private dwellings has increased substantially also. The request of this applicant
does not alter the principal goal of the original approval to retain the charater and function
of the Tipple lodge. Staff confirmed with representative Gary Wright that cooking will be
limited to a microwave oven, bar refridgerator and small sink so as not to create a full
fledged kitchen per code definition.
a
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Given the self-imposed one year limit for this request, staff supports the proposal with the
following conditions:
1. Unit 14 of the Tipple Lodge may be occupied by a full-time worker within Pitkin
County for a period of not more than 365 consecutive days commencing on the date of
approval by the Community Development Director.
2. Cooking within the unit shall be restricted to a microwave oven and small
dormitory style refridgerator.
3. If the applicant seeks to extend the duration of this approval , or expand the number
of long-term units, the applicant must apply to the City Council for a substantial
amendment to the 1979 subdivision exemption agreement. The applicant is hereby notified
that adequate time must be allowed to process the request and schedule appropriate Council
meetings.
I approve the request for an insubstantial amendment to the Tipple Lodge subdivision
exemption agreement subject to the three conditions stated ireno.
rh O UD
Stan Clauson, Community Development Di
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Date
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40 a
WRIGHT & ADGER
LAW PARTNERSHIP
201 NORTH MILL STREET, SUITE 10¢ -
ASPEN, COLORADO 81611 1
ASPEN TELEPHONE: 303-925-562
BASALT TELEPHONE: 303-927-90
FACSIMILE: 303-925-5663 u y
GARY A. WRIGHT, P.C.
OF COUNSEL:
ALLEN H. ADGER, P.C.*
��--__ PHILIP J. O'CONNELL**
2 October 1996 '' -- _
' ALSO ADMITTED TO
"ALSO ADMITTED TO
TEXAS AND LOUISIANA BAR
FLORIDA BAR
Stan Clauson, Director hand delivered
Community Development
130 South Galena Street
Aspen, Colorado 81611
Re: Request for Insubstantial Amendment to Development Order
Dear Stan:
I am writing to request your approval as Community Development Director for a one year
modification to the Subdivision Exemption Agreement entered into by the Tipple Lodge with the City of
Aspen on 23 October 1979. I have reviewed the Aspen Municipal Code, Section 26.88.060. Although
not exactly on point, this Municipal Code section seems to be the most applicable.
The request is for a one year variance for one condominium lodge unit from the requirement of
page 2, number 2(a) "the ten lodge unit shall be made available for short term rental at market rates and
shall be registered with a central reservations entity in Pitkin County, Colorado". The technical change
would be, for one year only, to allow one of the ten condominium lodge units to be leased as a long-term
rental to an individual who would use the unit as his home and who is employed seasonally full-time in
Pitkin County. Due to the short term of the request and the fact that it will only involve ten percent of
the total condominium lodge units at the Tipple Lodge, I believe that this qualifies as insubstantial.
Further, it is important to recognize that this Subdivision Exemption Agreement was entered into almost
20 years ago and the character of the neighborhood as well as the availability of lodge and hotel rooms
in the area is radically changed.
The applicant understands that this approval would be for a one year period only and if the
applicant desires to offer condominium lodge rooms for long-term rental in the future, appropriate
uYk.rVvaiJ a.'ill iae%u t:v be ✓vt.L?f•.e'� +r(!ni tbe. Cltj' of :i$ei7. rc you have any additional q1.!eCti(�nC or
require additional information please contact me.
Sincerely,
WRIGHT & ADGER, LLP
By: C�__
ry A. Wright
GAW:sc
IGAMCLAUSON.001
I
SUBDIVISION EXEMPTION AGREEMENT
1. Parties. The parties to this agreement are The Tipple
Lodge, a joint venture ("the Owner") and the City of Aspen,
Colorado, a municipal corporation ("the City").
2. Recitations. The Owner holds fee title to the
following described property ("the subject property") in the
City of Aspen, Pitkin County, Colorado:
Lot 2, Tipple woods Subdiv;sicn, according to
the recorded plat for Tipple Woods Subdivision
recorded as Docunent No. 107798 in Ditch Book
2A at Page 250 of the records of Pi Join County,
Colorado.
The subject property is improved with a three-story building
containing two studio apartments, ten bed- and bathroom units
("lodge units"), and enclosed area used for interior circulation,
lounge, reception room, laundry room, and mechanical and
storage purposes. The Owner desires to condominiurcize the
building into ten lodge units and two studio units, all of
which may be held in separate ownerships, and the remainder
into common elements. Pursuant to Section 20-19(b) of the
Municipal Code of the City of Aspen, Colorado, the Owner
requested that the above described condominiumization be exempted_
from -the definition of a subdivision set forth in Section 20-3(s)
of the Municipal Code. Concerned that the condominiiLmi .atien
might reduce the supply of short-term housing in the L-2 zone
district of the City of Aspen by virtue of lodge condominium
unit owners' use of the units as residences and/or withholding
the lodge units from the rental market, the City Council
required, as a condition of its approval of the exemption
application, that the Owner enter into an agreement with the
City restricting the use of the subject property and the
condominium units created therefrom as follows.
(a) the ten lodge units shall be made available for
short-term rental at market rates and shall be registered with
a central reservations entity in Pitkin County, Colorado; and,
(b) no kitchen shall be constructed in any of the lodge
units without the owner thereof hamming obtained a building
permit therefor, it being specifically understood that the
Growth Management Plan (Article X of the Municipal Code) precludes
the issue of a building permit for such construction without
the owner obtaining a residential allocation within the terms of
the Growth Management Plan; and,
(c) the lodge units shall have local management which may
be different for different units.
3. Agreement and covenant. In consideration of the City's
approval of the exemption from subdivision of the said condo-
miniumization, the owner hereby agrees with the City that the
provisions of subparagraphs (a),(b) and (c) of the above par-
agraph numbered 2 shall encumber the subject property and the
condominium units created therefrom, shall run with the land
and shall be enforceable against all subsequent owners thereof,
including the owner, its joint venturers, its successors and
-2-
and assigns. Should the subject property not be condominiumized.
ed as such, this agreement shall be null and void and
and convey t
the subject property may be conveyed free and clear of any
his agreement, but subject to all
restrictions imposed by t
applicable laws and ordinances in force on the date of the
conveyance.
4. Subdivision exemption.
The City, in consideration of
this agreement, exempts the condominiumization described herein
from the definition of subdivision,- such that condominiumization
may occur without further action or approval by the City.
perpetuities. The covenants contained herein are to
5,
run with the land and shall be binding on all parties and all
persons claiming under them for a p
eriod of twenty (20) years
from the date these covenants are recorded, after which time,
the covenants, as contained in paragraph three (3), shall be
automatically extended for successive periods of ten (10)
nt signed by the record owners of
years, unless an instrume
thq property and the Mayor of the City of Aspen pursuant to a
vote taken by the City Council has been recorded which changes
said covenants, in whole or in part, or which releases the same.
IN WITNESS WHEREOF, the parties have executed this
l
_agreement in Aspen, Colorado, this
a,3 day
1979.
-3-
i
THE CITY OF ASPEN, COLORADO,`
a municipal corporation,
by r-
mayor
(MUNICIPAL SEAL)
THE TIPPLE LODGE,
a joint venture,
V� �.. LT�U•{�'�c?ll
' Joint venturer
STATE OF COLORADO J
COUNTY OF PITKIN ) ss.
ATTEST:
City cork
Joirit venturer
The foregoing instrument was acknowledged before
Herman Edel and Kathryn S. Koch, mayor and city clerk,
respectively, oX the City of ks�en, Colorado, for the
Aspen, this day of ��:!>� 1979.
Witness my hand and official seal.
My commission expires: L`crt_6�1" l9,
(NOTARIAL SEAL)
STATE OF CO ORADO )
COUNTY OF 4P�Cti ) s s .
me by
City of
y _
Nota Public
`,The.foregoing instrument was acknowledged before me by
J04' L..�aulkner, joint 'venturer of The Tipple Lodge, for the
-this day of—1979.
• ,Witness day hand and official seal.
• :�Sy Fomias-sion expires: /5lP3
AR
jAt Spas;).t�(iK.cc,
Notary Public
•r
STATE ', OF .. C&ORADO }
COUNTY :OF 0�U_4�.. ) SS.
The foregoing instrument was acknowledged before me by
Mary I�.:Faulkner, join venturer of e Tipple Lodge, for the
jo.it : venture, this Mday of , 1979.
my hand and official seal.
Nty'' commission expires :a-/ Z/_
e, iNO-TARIA2.:SEAL) C �J
Notary Public
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