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HomeMy WebLinkAboutcoa.lu.ex.530 E Bleeker St.26A-89 JII"'" >-/ CASELOAD SUMMARY SHEET city of Aspen /'. "~. DATE RECEIVED: 4/21/89 DATE COMPLETE: 4/27/89 PARCEL ID AND 2737-073 STAFF MEMBER: CASE NO. 26A-89 Leslie PROJECT NAME: MIDLAND BUILDING GMOS EXEMPTION Project Address: 530 EAST BLEEKER STREET Legal Address: APPLICANT: HOWARD BASS Applicant Address: POBOX 5078 ASPEN. CO ASPEN REPRESENTATIVE: Representative Address/Phone: JACK MILLER 601 EAST BLEEKER ASPEN (303) 925-6930 ------------------------------------------ PAID: YES NO AMOUNT: $100.00 NO. OF COPIES RECEIVED: 2 TYPE OF APPLICATION: 1 STEP: P&Z Meeting Date PUBLIC HEARING: VESTED RIGHTS: CC Meeting Date PUBLIC HEARING: VESTED RIGHTS: Planning Director Approval: Insubstantial Amendment or Exemption: ====-- -- REFERRALS: NONE city Attorney city Engineer Housing Dir. Aspen Water City Electric Envir. Hlth. Aspen Consolo S.D. Mtn. Bell Parks Dept. Holy Cross Fire Marshall Building Inspector Roaring Fork Energy Center 2 STEP: YES NO YES NO YES NO YES NO Paid: YES X Date: School District Rocky Mtn Nat Gas State Hwy Dept(GW) State Hwy Dept(GJ) Other DATE REFERRED: INITIALS: FINAL ROUTING: S/~/f?J INITIAL: ~ ___ City Atty ____ city Engineer ___ Zoning ___ Housing ____ Other: FILE STATUS AND LOCATION: ~, ~/ Env. Health "'____-.~~.__"__~'""____~""""~..___ .~... "_M~~_ MEMORANDUM TO: Alan Richman, Planning Director FROM: Leslie Lamont, Planner RE: Midland Building GMQS Exemption DATE: May 8, 1989 ----------------------------------------------------------------- ----------------------------------------------------------------- SUMMARY: The applicant is proposing to enclose an existing two- story open space creating a second floor storage space of an additional 600 square feet (accessory use) for the adjacent and first floor businesses. The building is currently zoned for R-l, B-1 and M-12. Existing uses include office, storage, service/retail and residential in a two-story building of approximately 12,572 square feet. The lot size is 14,394 square feet and the allowable FAR is 1:1. section 8-104 A.I. allows the Planning Director to exempt the expansion of commercial or office uses from GMQS as an insubstantial exemption. FINDINGS: Pursuant to section 8-104 A.1. the Planning Director shall exempt a commercial or office expansion if the expansion does not increase the net leasable square footage. section 3-101 defines net leasable commercial and office space as those areas within a commercial or office building which are or which are designed to be leased to a tenant and occupied for commercial or office purposes, exclusive of any area dedicated to... storage areas used solely by tenants on the site. A site inspection confirmed that the existing commercial space is very cramped and utilized as storage and shop space. The additional storage space as proposed, which is unsuitable for pedestrian traffic that could be associated with increased commercial or office use, is desperately needed by existing tenants. RECOMMENDATION: It is recommended that the Planning Director approve the storage expansion with the proviso that the storage areas be used solely by tenants on site. I hereby approve the above Growth Management Quota exemption pursuant 0 Section 8-104 A.1 of the Asp nd Use C Alan Richman, o JACK MILQR & ASSOCIATES, A. I. A. ARCHITECTURE/PLANNING P.O. BOX 4285 ASPEN, CO. 81611 303-925-6930 April 20, 1989 Mr. Allan Richman Pitkin/Aspen Regional Planning Department l30 South Galena Street Aspen, Colorado 8l6ll 82' Re: GMP Commercial Exemption-Accessory Storage Space/Staff Approval Subject Property: Midland Building 530 East Bleeker Aspen, Colorado Street 81611 Owner: Howard Bass Post Office Box Aspen, Colorado 5078 81612 Representative: Jack Miller 601 East Bleeker Aspen, Color ado 81611 Zone: S.C.1. Present Use: R-l, 8-1 and M-l; existing uses include office, storage, service! retail and residential in a two-story building of approximately 12,572 square feet. Lot Size: l4~394 square feet. Existing Building: 12,572 square feet. Allowable FAR: 1:1 or 14,394 square feet. Requested Additional Area: 600 square feet. Description of Additional Space and Use: The owner proposes to build a stair to a new second floor level to be built within an existing two-storey open space. The new floor space is to be used as storage, (accessory use) for the adjacent and first floor businesses. JACK MILLER & ASSOCIATES, A.I.A. . ARCHITECTURE/PLANNING P. 0, BOX 4285 ASPEN, CO. 81611 (303) 925-6930 [L[Euu[EC' ])[f uOO~[j\J]~lJ0[JDuu~[L DATE ?" - ~ --ff "1 JOB NO ATTENTION I TO I2r (11 ifVJUY1 J WE ARE ././awj 12l~/f' SENDING '/''OU-pg:...Aftached D Under separate cover via the following items: D Shop drawings D Copy of letter D Prints D Change order D Plans D D Samples D Specifications COPIES NO. DESCRIPTION .- THESE ARE TRANSMITTED as checked below: D For approval D For your use J(. As requested o For review and comment D Approved as submitted D Resubmit_copies for approval D Approved as noted D Submit_copies for distribution D Returned for corrections 0 Return_corrected prints D D FOR SIDS DUE 19 D PRINTS RETURNED AFTER LOAN TO US REMARKS OOM"'" "0.' rM:-~ I~ ~,""'" u.~ 0'''" If ..nCI<l~UreS are not as noted. COPY TO If. ~ May 5, 1989 Alan Richmond Aspen/Pitkin Regional Planning Dept. 130 So Galena St. Aspen, CO 81611 Re: Midland Building 530 E. Bleeker St. Aspen, CO 81611 Dear Mr. Richmond: This letter is to authorize Jack Miller & Associates to act as my representative on the Midland Building project. Very Tr Yours, Hdd' 14AY - 8 ---, RKmIed .t , R<c<ption No. o'clock _ I"'.. R<ronIer. THIS DEED. Mode ,hi, ~n 23rd S. JAMES MARINO day of !-larch .1988 , WARRANTY DEED " 1 , , ,I County of ': of , he r.~1 if i . . State 0001."'. .$l.ftlJtsrand B C S PROPERTIES, A COLORADO GENERAL PARTNERSHIP , w""'"lel.lldd.."i' c/o Howard Bass. P.O. Box 5078. Aspen Colorado 81612 oflhe County or , S,... of Colondo. 8'""...(,): WITNESSETH. Th.1 the ...nIOl\III, lor IJld in con,ideralion 01 ,he .umol TEN DOLLARS ($1 Q. 00) and other good and valuable consideration ________________________________________~s. the receipt and sufficiency of which is hereby acknowledged. ha S ,ran led. bargained. laid and con~. and by these plesents do e s ~rant. i I harpin. llCl1. convey. .nd confinn. unto tM grantet(5). the 1 rhein .nd assign5 forever. .11 the re.1 property. together with improvemenl5. if '"yo 'it.....lyln'.nd hein, in ,he Counlyof Pi tk in. s.... ofColondo. d ; I _bed.. fol.....: " i Ii 1\ See Exhibit "A" attached hereto and incorporated herein by this reference. I II II I also """"" by _1Jld number IS: \1 I' d ,. " " TOGETHER with all and singular Ihe hemJilament5 and appunenaoce5 lhereto belonging. or in anywise appertainina. and the revenion and reversions. remlinder and rem.lnden. rents. Issue5 and profit5 thereof. and aU the eslalC'. right. title. inlC'rest. c1.lm and demand whltSOC"Ytr of the IfIntoris). either in law or equilY. of. In and 10 the above bar,ained pteml~5. with the hemJilaments and appurtenances. TO HAVE AND 1'0 HOLD the Slid premiSC'!l above bar,alned and de!lcribed with lhe appunenances. unlo lhe Irantee(5). the1 rhein and i ; I assign5 fomoer, And the ,rantor1M- for him ~I f his heirs and personal representatives. do es covenant. granl. bargain. and .gree to.nd wllh the ~l1Intee(s). the 1 rtleln and .slligns. Ihal al the lime of the en~.1ing.nd delivery of Ihese present5. he ; 5 well " ! I seized of the premises Ibcwt conveyed. ha S good. sure. perfecl. absolute and Indefeasible e51ate of inheritance. in law. in fee simple. and ; i ha 5 ~ood ri~ht. full power and aUlhorily to granl, bargain. 5ell and con\q' the 5ame in manner and form as aforeSlid..nd thai 1M same are free " I! .nd clear fmm all former and other ,ranis, bargainll, !lalell. liens. laxes. a.\lIC'55ment!l. encumbrances. and re5trictions of whatever kind or nature soever. '! ~~~ EXCEPT FOR: taxes for the year 1988 payable in 1989; reservations as contained i' in United States Patent of record; SUBJECT TO: right of way as reserved in ,! United States Patent of record; right of way and easement as set forth in instrument recorded in Book 216 at Page 396; terms, conditions. obligations and provisions of Party Wall Agreement as contained in instrument recorded in 800k 242 at Page 220; terms, conditions. provisions and obligations as set forth in *see The Inn'OI\.) ,hall and will WARRANT AND FOREVER DEFEND the ."""'.barplned proml.., In lhe quiet and poacuble p"'....loo ollbo ,l1Inlee(sl. the1 r hisheinandaMignll.againslall.ndC'YC'rypersonorpersonslawfullycla" I the whole or any part thereof. IN WITNESS WHEREOF. the ...ntorloX ha S u<<u'ed thl, d<<d.. ,he date... I " I: I I," STATE OF COLORADO } ... 23rd d~or Marc~-~ Wil.... my ha :nd~c1a~,..al. O~ e.- Nol., Mlk ~ Coun'yof P itk in The fOft',oin& Irslrument WI5 acknowledged before me thi!l by S. James Marino My commlssiort ell.plres * agreement recorded in Book 504 at Page 61; assignment of lease recorded in Book 555 at Page 202. .U In Denver. insert "City and" . I I' " ---------- -- ..--....-.-.".. .----..--..-.. No. '32. ".3-85. WAIlRANTY DEED (Fer Pheloanplllk RftordJ Brldrord Publlshln,. 5125 W. 6th Ave.. Lakewood. CO 80114 -UO)) 2))-6900 '-86 ~"_.II__II_.II__II._Il._II._'I~"" l'I_.'I._"_.I!__'I_.'I_.'I.."..'I__'I~ "L 1._'I._ll_.'f._II._II._II._'I._lr_ -I" ' -/ ~ye~~tle Insurance @rporatlon NATIONAL HEADQUARTERS RICHMOND, VIRGtNIA EXHIBIT "A" A tract or parcel of land within the South 1/2 of the Southwest 1/4 of Section 7, Township 10 South, Range 84 West of the Sixth Principal meridian, described as follows: Commencing at a point of intersection with the North line of the South half of the Southwest one-quarter and the Southwesterly line of East Aspen Townsite, said point bearing South 19 04'48" East a distance of 1417.404 feet from the West one-quarter corner of said Section 7 and said point bearing South 43 10'34" East a distance of 12.266 feet from Brass Cap Monument No. 38; thence South 43 10'34" East and along the Southwesterly line of the East Aspen Townsite a distance of 875.864 feet to Brass Cap Monument MSM"C-1"; thence North 14 29'26" East a distance of 75.829 feet to Brass Cap monument MSM"C-2"; thence South 87 30'34" East a distance of 88.957 feet to Brass Cap Monument MSM "C-3"; thence North 84 20'26" East a distance of 164.743 feet to Brass Cap Monument MSM "C-4"; thence South 57 38'34" East a distance of 10.54 feet to Brass Cap Monument MSM "0-55"; and the Southwesterly corner or Quit Claim Deed No. C-5796, said corner being the true point of the beginning; thence South 57 38'34" East and along the Southerly line of said Quit Claim Deed a distance of 88.623 feet; thence South 67 20'34" East and along said Southerly line of Quit Claim Deed No. C-5796 a distance of 36.88 feet to the Southeasterly corner of said Quit Claim Deed; thence North 16 38'42" East and along the Easterly line of said Quit Claim Deed a distance of 118.58 feet to the Northeasterly corner of said Quit Claim Deed, said Northeasterly corner bears North 73 21'18" West a distance of 150.00 feet from MSM Brass Cap Monument "0-56"; thence continuing along the aforesaid course a distance of 8.42 feet; . thence North 75 01'18" West a distance of 129.012 feet; thence South 14 58'42" West a distance 94.346 feet to a point, said bears North 57 38'34" West a distance of 4.377 feet from the Southwesterly corner of said Quit Claim Deed marked by Brass Cap Monument MSM "0-55"; thence South 57 38'34" East a distanco of 4.377 feet to the true point of the beginning. EXCEPTING THEREFROM: That portion described in Deeds to Sport Obermeyer. Ltd., a Colorado Corporation and Klaus F. Obermeyer recorded June 16, 1970 in Book 248 at page 971, and recorded July 10, 1970 in Book 249 at Page 378. COUNTY OF PITKIN. STATE OF COLORADO ..11..'__11.-11_-"1._11..11._11..'1.."._11._11__'1._'1._'I_.'(_IIIIl_.'I__II_.II_.II__'I__'I_.'I_A.Mtn1llll..~II_.'I_.'I..11_ , 100 litho in U,S.A. STATE OF COl.ORAOO ..-J,... .-:: r '-.J~ . Ut..l~ , CENERAL PARTNERSHIP AGREEMENT Of' llCS PROPERTIES ...CREEMli:NT made th1s 24 th day of March, 1988 by end between Howard Bass (her.1naiter MBass" l. lIarr18 A. Cahn, (hereinafter "Cahn") and Dav1d H. Sw..twood (here1nafter MSweetwood"). The parties 40$Ll"e to form a general ~lu:tnersh1p 1n accordance w1th the C010r..60 Un1torm Partnersh1p act. t' "e:PEFORE, it is mutually agreed liS follows: J.. , urInation. ThA part! 'lS by th1a 8gre.._"ent form a genoral partnerShip pursuant to t~e eol~rado Vn1form 'artnorah1p Act, 2. Name. THE PAt,.:Jv.n . shaH be conducte6J,mder, the name of BCS PROPERTIES ("THE FAi'Tl'<ERSHIP" I. 3. Plll'l'Ose:. The purpose of THE PARTNERSHIr is to acquire for: inVQstllllmt the proporty known 8S The Midland aul1d1n9 described on Exh1b1t MAM hereto. which i8 incorporate6 by this reference, and/ot' such. other properties a8 the Partnership may elect to acquire in the future; to own, manage mortgage, leaso, exchange, sell, or otherwiu transfer or c11spos. of any such property. 4, Term. The term of Tim PARTNERSHIP $ha11 commence as of I-li.lC, n 24, 19iiii. THE PAJiTNERSHIP shall continu ,t.u tQrmin~tQ" by the Partners, or accordi~1 to the proviaio~ f the Colorado Uniform Partnership Act. ..- 5. PrlnciJ:!al Offic~. Tho pr1ncipal office of THE PARTNERSHIP shall bo maintained at, P. O. Box 5018, Aspen, CO 81612 or at any other place a~ Bass may detorm1ne. 6. Managing Ceneral Pa~r..:.. Bass shall be t:he Managing General Partner, 7. General Partners. be general partners. 8. Canital Contributions. l' ,Cahn ond Swectwood shall <I!1 (II) Each partner shall contribute C:(jpital to THE PARTNERSHIP as required in proportion to Gach of their respective interests in THS PARTNERSHIP. (b) CaDital Account 1\ceountinq, '1'Hl:: PARTNERSHIP shall EXIlIBIT "A" --~I-~~ .-" - maintain capital accounts for each partner and shall reflect all partnership activity by approprJ.ato adjustment t~ such capital accounts. 9. Allooat1on ot Prof1to and Losses. Revenues. Deduotions & 'Credits. The net profits an4 net losses, cre4its and 4eduction of THE PARTNr;:RSIIIP, shall be allocated as follows: (i) (11 ) (111) Bass Cahn Swootwo04 SOlk 25% 25' 10. Oistribution to Partners. (a) Dtstr.ibutable Cash Defined. The term "dJ.atributablG cash" moans all cash receipts ot THE PARTNeRSHIP, other than Capital Contributions, le8S tho Gum of tho following: (i) any payment requ.ired to lenders, inCluding Thatcher Bank, Partnership 1ndebtedne.s; (11) all such expenditures incurred in the ordinary course of tho Partnership's bus1noss: and be made in such period to F.S.B. with respect to liii) such working capital and cash reserves or other amounts as the Partners reasonably determine to be necessary for the proper operation of THE PARTNERSHIP business. (b) Date of Distribution. The distributable cash, if any, of THE PARTNERSHIP, computed on a cumulative basis, shall be equally distributed to the Partners not less than qu.arterly on the last day ot March, June, October and December on .the basis sot forth above. 11. Salades. Drawin~s. EXllenses and Interest on CaDit!,! Contributions. None of tne Partners shall receive any salary for services rendered on bohalf of THE PARTNERSHIP 1n their capocLty 0$ Partners, or drawLng. unless agreed upon by the Partnors, nor shaU any Partner receive any Lnterest on hLs contributions to the capital of THE PARTNERSHIP. . 12. Hanaqement. Duties. and Restrictions - Manag1nq-9aneral Partner. (i) PAATNERSHIP. Bass shall control and manage the assets of THE ( 11 ) Bass is expressly au.thorhed to execute and deliver (a) assignments, leases. subleases, end other agreements covering or affectLng Partnersh.ip Property .1ntere.t: (b) aU check., drafte and other orders for the payment of partnenhip 2 ~ . 'I.Ind.: ec) all other 1netrl.lmente of any kind or character Z'elating to the affairs of THE PARTNERSHIP, whether like or I.InUke tl.e foregoing. (d) such documents as may be required to close- (.U1) Bass may not, wi thol.lt the written consent or Z'atiUcat1on of Cahn And Sweetwood, I.Ise any of THE PARTNERSHIP prop arty for his separate purposes. Nothing herein shall precll.1de Sa.. with the prior consent of Cahn and Sweetwood trom establishing corporations, partnerships, or other entitieS for the development of any Partnership properties; (iv) Bass shall devote $l.Ich time to THE PARTNERSHIP business as it, in his reasonable discretion, shall deem to be necessary to manage ~nd supervise T1fE PARTNERS1fIP business and affairs in an efficient manner. '1'0 the extent Bass is geographically unavailable to condl.lct bl.lsines. in an orderly or timely manner, he shall delegate authority by appropriate power ot attorney 'to execl.lte al.lch 1nstrl.lmente or checks as may be necessary or desirable to carry out PartnershiP business. (v) Bass shall conduct the affairs and business of THE PARTNERSHIP so as to serve the beat interests of THE PARTNERSHIP. 13. BanklnQ. All funds of THE PARTNERSHIP will ba deposited in such bank 8ccount or accounta as shall be designated by Bass. Withdrawals from 8ny 8uch bank account or accounts shall be made upon such signature or signatures as Bass may designate. 14. Conveyance~ Any deed, bill of sale, mortgage, security Agreement, leas8, contract of sale, or other commitment purporting to conveyor encumber the interest of THE PARTNERSHIP in all or any portion of any real property at any time held in its name shall be signed by all partners. 15. Books. TI-U:: PARTNERSHIP shall maintain full and accurate books in its principal office or such oftice as shall be designated for such purpose by Bass, and all partners shall have the right to inspect and examine tho books at reasonable times. The books shall be cl08ed and balanced at the end of each fiscal year. Annual statements showing 'tHt PARTNERSHIP profits and losses fo~ tho fiscal year and indicating the share Qf profit or loss of each partner for income tax purposliIs shall bl! prepared by the certified publiC accountants for THE PARTNERSHIP and distributed to all the Partners wi thin a rellsonable time aftor the close of each fiscal year. Bass shall use his best efforts to delive~ Forms K-l to the Partners within sixty days after the end of each calendar year. . ~ . . ~/~ * the Loan granted to THE PARTNERSHIP by Thatcher Bank,FSB in the principal sum of $810,000 pursuant to a Mortgage Committment granted to THE PARTNERSHIP by Thatcher Bank FSB dated March 24, 1989, for puX'chase of the property tict forth on Exhil:.i.t "A" anul:!xed hereto and this Agreement shall qrant to Bass a Pn..,..,. n' 1I..........~o.. ..~ _..-_..~- 16. ASsiQD!Ei11ty. .- . , inte~ost in wnole or 1n part ~1thout the prior written consent of tn. other pa~tnerll which consent shall not be unreasonably wittlhe1d. In addition, no Partner may substitute Partners or take in additional partners without the prior written consent of the other Partners in their SOle and absolute d1~cretion. 17. DissOlutio_l'l._o~U~rtne~l!.:. THE PARTNERSHIP may be dissolved only upon the unanimous vot~ of all of the partners, and said dissolution shall become effective upon the date set forth in the Aqrcement or Resolution of Dissolution. 10. Death or Disabi1itx.:.. The death, insanity or adjudication of incompetency Of any of the Partners shall not rOGul t in dissolution of THE PARTNERSHIP and the surviving partner or partners may continue to carryon tho business of THl!: PARTNERSHIP together with the Estate of the deceased 19. Indemnity. THE PARTNERSHIP shall .1ndemnLfy and save harm10su aasa from any loss or damage incurred by him by reason of any llct perfornlod by him for and one behalf of THE PARTNERSH1P and in furtherance of its interact. Tho foregoing shall not relhve Bus of UubiUty for gross negUgenca or willful malfeasance. . 20, Notices. all notiees provided for in this Agreement shall be directed to the partie. at the follOWing addresses and to THE PARTNP.RSHIP at its prinCipal ofEic. by Regiaterod or Certi Ued Hili 1. Howard Bass 6040 Boulovard East I'Jest New York, Now Jorsey 07093 Harris A. Cahn Nor.thoate ROad Mendham, New JorDey 07945 David M. Sweetwood 179 Oldchester Road Essex tells, New Jersey 07021 21. BindinQ Effect. This Agreement shall be binding upon all tho partLos and tneir estate, heirs, or legate.., 8uccessors or assigns. 4 " ~ . . 22. A~Dlicable Law. This Agreement and the rights of the parties Shall be interpretod in accordance with the laws of the stato of Colorado. IN WITNESS WHEREOF, the part1es havo executed this Agreemont a. of the da1 and year first above written. Des B~: By: By: Harris A. Cahn 5 ?-- ASPEN/PITKIN PLANNING OFFICE 130 South Galena Street Aspen, Colorado 81611 (303) 920-5090 LAND USE APPLICATION FEES City 00113 00125 00123 00115 County 00113 00125 00123 00113 -63250-134 -63270-136 -63280-137 -63300-139 -63310-140 -63320- 141 REFERRAL FEES: -63340-205 -63340-190 -63340-163 -63160-126 -63170-127 -63180-128 -63190-129 -63200-130 -63210-131 -63220-132 -63230-133 -63450-146 REFERRAL FEES: -63340-205 -63340-190 -63360-143 PLANNING OFFICE SALES 00113 -63080-122 -63090-1 23 -63140-124 -69000-145 GMP/CONCEPTUAL GMP/FINAL SUB/CONCEPTUAL SUB/FINAL ALL 2-STEP APPLICATIONS ALL 1-STEP APPLICATIONS! CONSENT AGENDA ITEMS ENVIRONMENTAL HEALTH HOUSING ENGINEERING SUBTOTAL GMP/GENERAL GMP/DETAILED GMP/FINAL SUB/GENERAL SUB/DETAILED SU B/FI NAL ALL 2-STEP APPLICATIONS ALL 1-STEP APPLlCATIONSI CONSENT AGENDA ITEMS BOARD OF ADJUSTMENT ENVIRONMENTAL HEALTH HOUSING ENGINEERING CITY/COUNTY CODE COMPo PLAN COPY FEES OTHER SUBTOTAL TOTAL , , Name: t/C' ..~ 6' r M (" r t f P S. Address: F'::>-tJ?/ y '~;'l ://? ;i" 7F-U{ ): . / (/ ! ~L V , ___ , Check # Additional billing: ;;; ( tl ',',,/{ -.: '~I Jf ',~; : -II') 1"'/ i( '" , I'D r.'-,,,,, - ,; c) .. ,/ . Ii I.'" t:;-< -f";- Phone; l c:" r. i," ',' <': ' ~.. ..' .~i ,:" I .(.:, J' ,I .' I, I Project:,1 1/. ,,'\' ., '. " .. ". f. I. ,~ 'r-' i f Ii j -r ' !' l / \ , Date: #ofHours: / I