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HomeMy WebLinkAboutcoa.lu.co.320 W Main St.A76-92 ~ ~/ _d \ DATE RECEIVED: DATE COMPLETE: STAFF MEMBER: ;;i?192 KJ CASELOAD SUMMARY SHEET .~IlT @ElOTUTY ". t'6N CASE # PARCEL A76-92 ID# 2735-124-41-005 PROJECT NAME: 320 West Main street Condominiumization Project Address: Lots N. O. P. Block 44. Townsite of Aspen APPLICANT: Alan Shada Applicant Address: P. O. Box 2615 Vista. CA 92085 REPRESENTATIVE: McFlynn & Pickett (Marty Representative Address/Phone: 320 W. Main Aspen. CO Pickett) st. 81611 925-2211 --------------------------------------------------------------------- --------------------------------------------------------------------- FEES: PLANNING ENGINEER HOUSING ENV. HEALTH TOTAL $ 912.00 $ 90.00 $ $ $1002.00 STAFF APPROVAL: # APPS RECEIVED # PLATS RECEIVED 3 1 Ce... TYPE OF APPLICATION: P&Z MEETING DATE ig@e MEETING DATE DRC MEETING DATE IDiu I 1 STEP: X 2 STEP: PUBLIC HEARING: 'YES. NO PUBLIC HEARING: 'YES NO --------------------------------------------------------------------- --------------------------------------------------------------------- REFERRALS: Attorney ___Aspen Consol S.D. School District ~ Engineer ___Rocky Mtn Nat Gas USFS (Carbondale) Housing ___Holy Cross USFS (Aspen) Aspen water ~Aspen Fire Div. of wildlife Envir.Hlth. ___Basalt Fire BLM Manager ___Carbondale Fire Snowmass Village Zoning ___Div. Water Res. Caucus Airport Mgr. ___State Forest Ser. Caucus Sheriff ___CO Geo.Survey Homeowners city P & Z ___state Hwy Dept. Open Space Board ____ Building Dept ___Clean Air Board Other: DATE REFERRED: ~ t z (ot-z... INITIALS: 5'WDATE DUE: /0/'1 ==============~==================================b========== RESOLUTION #: DATE: PLAT OR SITE PLAN RECORDED AT BOOK PAGE(S) ;~;~~=;~;;~;~~======;~;~=;~;~~;~=/./jI;~~fi==~;~;~~~~~~[{j;======== county Attorney ___County Engineer ___ Zoning Housing ___Envir. Health ___ Applicant open Space Bd. other: "",1., ""l"'~, FILED: ,-, ,- MEMORANDUM TO: Leslie Lamont, Interim city Planning Director FROM: Kim Johnson, Planner RE: 320 W. Main Condominiumization Approval Planning Director DATE: July 11, 1994 ----------------------------------------------------------------- ----------------------------------------------------------------- SUMMARY: The applicant wishes to condominiumize an existing office complex consisting of two buildings on a parcel of 9,000 square feet. This qualifies as a SUbdivision exemption to be approved by the Planning Director pursuant to Ordinance 53, 1993. This property is commonly referred to as the Smith-Elisha House. BACKGROUND / FINDINGS: The original application to condominiumize this property was submitted in September, 1992 by Alan Shada. The proposal called for 11 office spaces and one residential unit to be condominiumized within two existing buildings. It beCame apparent that the change in state statutes adopted in July of 1992 would affect the city's condominium regulations. The applicant proceeded under the City's then-current regulations through first reading by city Council in November, 1992. The property was then sold to the current owners, Scott and Caroline McDonald, who tabled second reading several times in anticipation of amendments to the City's condominium regulations. The condominium regulations were amended by final adoption of Ordinance 53, 1993 on November 8, 1993. This code allows the City Planning Director to review and approve condominium applications. The code revisions also remove the requirements for long term residential leases and payment of affordable housing mitigation. No development has occurred or is proposed at the property. No increased impacts to public facilities is calculated. REFERRALS: Engineering: Rob Thomson, Project Engineer, reviewed the original application in 1992 and forwarded comments specific to the platting requirements of the code. The amendments to process established in Ordinance 53 have not altered the technical aspects of a condo plat. Therefore, the comments from the City Engineer (attached as Exhibit "A") are still valid and shall become conditions of this Planning Director's approval. RECOMMENDATION: condominiumization conditions: Staff of 320 W. recommends approval Main Street with the of the following 1. The applicant is required to submit a Final Plat on reproducible mylar for approval by Engineering Department and record the plat I""', ~ with the Pitkin County Clerk and Recorder. It is recommended that a blueline be submitted for review prior to the final SUbmission. In addition to the standard information and required certificates the plat shall include: o A statement that the applicant agrees to Jo~n any improvement district formed for the purposes of constructing improvements in the public right-of-way. o Owner's Certificate - besides the standard language it must include a statement to the effect of..... In addition does hereby acknowledge the encroachments, at the south property line, into the pUblic right-of-way, and that if the retaining wall is removed for any reason, any new structure will be built inside the property line. o City Engineer's Certificate - besides the standard language it must include a statement to the effect of....in addition does hereby acknowledge the encroachments shown hereon with the conditions set forth in the owner's certificate. o A statement to the effect that.. . title policy number was used in preparation of this survey plat. 2. The submitted plat must reflect the parking variation previously granted by the Historic Preservation Committee and the Planning and Zoning Commission condition that the two parking spaces directly north Of the main structure's rear stairs must be designated for compact cars only. 3. All material representations made by the applicant in the application shall be adhered to and considered conditions of approval, unless otherwise amended by other conditions. 4. The condominium plat shall be recorded in the office of the Pitkin county Clerk and Recorder within 180 days of its approval by the Planning Director. Failure to do so shall render the plat invalid and a new application and approval will be required. the Condominiumization for the 320 Leslie La aJil1 ate I~;; ATTACHMENTS: "A" - Engineering Referral Memos dated oct.5, 1992 2 .1"""\. :-(. . . MEMORANDUM i'\\1 nf'.T - h. \qt.',) .j ".....1 ~ _ To: Kim Johnson, Planning Office From: Rob Thomson, Project Engineer, RsI Date: October 5, 1992 Re: 320 W. Main Street Condominiumization Having reviewed the above application, and having made a site inspection, the engineering department has the following comments: 1. The applicant is required to submit a final plat on reproducible mylar for approval by engineering department and record the plat with the PItkin County Clerk and -Recorder. It is recommended that a blueline be submitted for review prior to the final submission. In addition to the standard information and required certificates the plat shall include: , A statement that the applicant agrees to join any improvement district formed for the purposes of constructing improvements in the public right-of-way. , Owner's Certificate - besides the standard language it must include a statement to the effect of.....In addition does hereby acknowledge the encroachments, at the south property line, into the public right-of-way, and that if the retaining wall is removed for any reason, any new structure will be built inside the property line. , City Engineer's Certificate - besides the standard language it must include a statement to the effect oL.in addition does hereby acknowledge the encroachments shown hereon with the conditions setforth in the owner's certificate. , A statement to the effect that...title policy number _ was used in preparation ofthis survey plat. cc: Chuck Roth, City Engineer rt/CASELOAD92.026 ,....... 1"'\ ...^ ",..",;i MEMORANDUM. To: Kim Johnson, Planning Office From: Rob Thomson, Project Engineer f':.:T I Date: October 5, 1992 Re: 320 W. Main Street Condominiumization - additional comments Please include the following t.o the engineering departments previous comments: 1. From a prior review of this property, the HPC granted a variation for a reduction in the required spaces, finding that the maximum number of parking spaces are included on- site. The application drawings depicted five spaces. along the alley of Block 44. Further, P & Z approved that the two spaces directly to the north of the main structure's rear stairs be designated for compact cars only. The submitted plat must reflect these conditions. cc: Chuck Roth, City Engineer rt/CASELOAD92.026a . ;-., ~ CONDOMINIUMIZATION APPLICATION This Application is made on behalf of Alan Shada, owner of property described as the smith-Elisha House, located at 320 W. Main Street, Aspen, Colorado on Lots N, 0, P, Block 44, Townsite of Aspen. The present zoning is O-Office with Main Street Historic District Overlay. The Property consists of the "main house" and the adjacent "carriage house", to be included in the condominiumization. Main House. The main house consists of nine office spaces, which are to be condominiumized, which share as limited common elements, the hallways and restroom areas. Carriaqe House. The adjacent Carriage House consists of two offices, downstairs, and a residential upstairs containing a one- bedroom apartment. 1- '/pol - The Applicant requests condominiumization of the residential unit as part of the requested condominiumization. The owner will maintain the residential unit for himself. Pursuant to the new Colorado Common Interest Ownership Act, it is our understanding that there will not be separate requirements for condominiumization of this residential unit since there will be no change in the structure of ownership. Attachments. 1. Vicinity Map 2. Pre-Application Summary 3. Disclosure of Ownership 4. Consent of Owner for Representation 5. Check in the amount of $1002.00 for application fee 6. Floor plans of Main House and Carriage House 7. Survey Respectfully submitted, ~ickett MCFlynn Pickett, 320 W. Main st. Aspen, CO 81611 P.C. shada\cOIldomin.npp f"". -., CONSENT TO LAND USE APPLICATION That the undersign Alan J. Shada, Jacqueline G. Shada and William J. Shada, being the owners of the property described as Lots N, 0, P, Block 44, Townsite of Aspen, County of Pitkin, State of colorado, hereby consent to the submission to the City of Aspen by MCFlynn & Pickett, P.C., an application for condominiumization for the subject property. 30 sbada\cosent.sha .~. I""', ASPEN/PITKIN PLANNING OFFICE Agreement for Payment of City of Aspen Development Application Fees CITY OF ASPEN (hereinafter CITY) and /{tCI..-,A ~ftl- (hereinafter APPLICANT) AGREE AS FOLLOWS: 1. APPLICANT has submitted to CITY an application for (') IlA. J' ~ -SL..dk. "- ~ 0 ^5 (hereinafter-; THE PROJECT). 2. APPLICANT understands and agrees that City of Aspen Ordinance No. 44 (Series of 1991) 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 permit additional costs to be billed to APPLICANT On a monthly basis. APPLICANT agrees he will be benefited by retaining greater cash liquidity and will make additional payments upon notification by the CITY when they are necessary as costs are incurred. CITY agrees it will be benefited 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 [mdings 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 determination of application completeness, APPLICANT shall pay an initial deposit in the amount of $ which is for hours of Planning 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, including 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 BY:~~ Di e Moore City Planning Director APPLICANT BY:~~... Date: 'J- r -- 9"2-- ------------------------------------- -----------------------------------.-- For Planning Office Use Case Number Case Name Deposit or Flat Fee Amount: Referral Fees: Engineer: Housing: Environmental Health: ------------------------------------- ------------------------------------- 2 """, .., .. ,.,.. '.~'~ ,,..,". ..,..,":.~"~,.:;_:_~~:.,.,:-.,.,. ""'_'~" ''':'', :..p, .,..:~.:-:-.;~.:...".. ~} 2} Project Name , "...". 1""'\ ATrAaIMENl' ~ rAND USE APPIJ:CATIOO' EORM Smith-Elisha Condauiniums /' Project location 320 W. Main Street Aspen, CO 81611 (Lots N, 0, p. Block 44. Townsite of As)JE'm1 (iniicate stJ:eet adh'ess, lot & block IIUlliJer, l.egal. descri:ption wheY:e '. awrqriate) 3} Present Zc:lrliDJ o 4) lot size 5) l\{:Plicant's Name, Ad:D:ess & B10ne tI Alan Shada. PO Rnx :;>hl'>r \1;",+'" C'A Q:;>OR5 619-943-7888 6) ~ve'sName, l\ddress & B10ne it McFlynn & Pickett, p.e., 320 W. Main Street, Aspen, CO 81611 303-925-2211 7) ~ of l\{:P1ication (please d1eck all ~t aw!y) : CoOOitiona1 Use _ Ccn::eptual SPA Final. SPA _ Ccn::eptual Historic Dew. _ ~i"l :Review Final Historic Dew. 8040 Gl.:eel:lline _ Ccn::eptual roD Final. roo Minor Historic Dew. .j.. _ Sb::eam !mgin Historic DeuDlition M:untain view Plane Subdivision . :;t.~on=~~ _ lot SplitjIat Line 1\dju"l..=.d. _Historic ~ry1ation _ ~ Allo\:m':!nt -~~ 8) ~r.H~.' f ""';-;~Uses ("""'" ~~~. 0 ~~~p ~ ~te sq. ft.: p""""'x of l-h.",""",: pxoperty) . arxl qpe of existiD.J sI::rucbn:es: art!f poav:iaJs awrovaJ.s. granted to the Main House: 9 offices Carriaqe House: 2 offices (downstairs) and residential aoortment upstairs 9) Descript:ion of Develop1r3It Arr>l ;cation Conda:niniumization of all existing areas; no new configuration of spaces is anticipated. ~O) Have you attached the followi.nJ? -L.. Response to Att:ac:tmlent 2, Mi.nimJm Snm;=jon Cantents ...:..x..-.. Response to Att:ac:tmlent 3, Specific Snm; =ion Cantents -A- RespCllIse to Att:ac:tmlent 4, Review Staroards for Yc:ur Arr1kation 1"', ,-, MEMORANDUM TO: Mayor and council THRU: Amy Margerum, City Manager Directo~ THRU: Diane Moore, city Planning FROM: Kim Johnson, Planning DATE: October 25, 1993 320 w. Main street (AKA the smith-Elisha property) Request to Withdraw Second Reading of Ordinance 78, Series 1992 for Subdivision Exemption for Condominiumization and Vested Rights RE: -----------------------------------------~----------------------- ----------------------------------------------------------------- Scott and Caroline McDonald (the Applicants) and Planning staff request that this item be withdrawn. This requ.est is made in anticipation of code changes for the city I s condominiumization regulations. ,-, -, ~"~'.-:< n '-'. APR , 6 \993 ,-,,-~",~",",~,--,,"- '. ,.~,~-----<-"~""'~'-- Kim Johnson planning Dept City of Aspen ~ , i ....-,j "" Regarding 320 W. Main St. condominiumization. Date: April 16. 1993 Kim, Thank you for your attention to this matter. We have decided again to wait for the fee change on the residential unit involved. Would you please postpone the City Council reading to August 1993. Sincerely. ;J~\ Scott and Caroline McDonald 109 N 2nd St. Aspen, Co. 81611 925-8743 _,.-r;" MEMORANDUM .-., .r~~ f!v;vJJveJ J j ~rfJutc /~ltj 'v I""', " TO: Mayor and City Council THRU: Amy Margerum, City Manager THRU: Diane Moore, city Planning Director FROM: Kim Johnson, Planning DATE: October 25, 1993 RE: 320 W. Main Street (AKA the Smith-Elisha House) Subdivision Exemption for Condominiumization and Vested Rights, Second Reading of Ordinance 78, Series of 1992 ================================================================= SUMMARY: The Planning staff recommends approval on second reading of Ordinance 78. The ordinance includes language reflecting that certain risks are undertaken by the applicant in regards to anticipated text amendments, and that if adopted, these amendments may result in the lifting of requirements currently in place. BACKGROUND: Council is currently reviewing amendments to the land use regulations for condominiums prompted by the Colorado State Legislature's adoption of limitations in 1992 that may affect the affordable housing mitigation criteria contained within Aspen's condominiumization regulations. The applicant for the 320 W. Main condominiumization had tabled second reading of Ordinance 78 numerous times in order to wait for the outcome of the text amendments, but has now determined to proceed with second reading of Ordinance 78 as written. CURRENT ISSUES: Referral Comments: Enqineerinq: Having reviewed the above application, and having made a site inspection, the Engineering" Department has the following comments: 1. The applicant is required to submit a Final Plat on reproducible mylar for approval by Engineering Department and record the plat with the PItkin County Clerk and Recorder. It is recommended that a blueline be submitted for review prior to the final submission. In addition to the standard information and required certificates the. plat shall include: o A statement that the applicant agrees to join any improvement district formed for the purposes of constructing improvements in the public right-of-way. o Owner's Certificate - besides the standard language it must include a statement to the effect of..... In addition does ,...., ,-" hereby acknowledge the encroachments, at the south property line, into the public right-of-way, and that if the retaining wall is removed for any reason, any new structure will be built inside the property line. o city Engineer's Certificate - besides the standard language it must include a statement to the effect of....in addition does hereby acknowledge the encroachments shown hereon with the conditions set forth in the owner's certificate. o A statement to the effect that...title policy number was used in preparation of this survey plat. 2. From a prior review of this property, the HPC granted a variation for a reduction in the required spaces, finding that the maximum number of parking spaces are included on-site. The application drawings d~~ fiv~~2aces along the alley of Block 44. Further, P & Z a ~1:.1ie two spaces ciilfl =1:ly to the north of the main structure's rear stairs be designated for compact cars only. The submitted plat must reflect these conditions. Review Standards: Pursuant to Section 24-7-1007 condominiumization is exempt from the full SUbdivision process and shall be reviewed by the Council. Condominiumization of conunercial space only requires review of the submitted plat. condominiumization of the one bedroom residential unit is sUbject to the criteria of section 24-1-1007.A.1. (listed below). Until Aspen's code is officially amended, staff must review condominiumizations under the existing requirements, which are intended to mitigate loss of affordable housing due to condominiumization. .. a. Existing tenants must be notified that the units are for sale. There are no long term or short term tenants in the unit at this time, so this requirement does not apply. b. In the O-Office zone district, minimum lease periods shall be restricted to six month minimum leases, with no more than two shorter tenancies per year unless: 1) The immediate vicinity of the subject parcel is characterized predominantly by lodges or other units which are permitted to be used as short term accommodations; 2) There were not previously long term residents of the parcel who were displaCed directly of indirectly by the proposed condominiumization; 3) The parcel is in close proximity to the downtown area or to major tourist recreational facilities; and 4) The Aspen Area Comprehensive Plan designates the subject 2 .r-, ^ neighborhood as appropriate for short term accommodations. The Smith-Elisha House is f~anked by both commercial and tourist accommodation properties. The unit has not been occupied for ~ong term residency for over a year. The property is within walking distance to the commercial core and is also on the Main Street bus lines linking it with the free city shuttle to the base of Aspen Mountain. The 1973 Land Use map indicates this area as single family residential, however, the character and use of the subject property as well as the neighborhood has become predominantly commercial and lodge. Therefore, staff believes that a lease restriction is not warranted. c. Affordable Housing Impact Fee. Prior to staff signature of the condominium plat, the applicant shall pay an affordable housing impact fee of $4,700 for the one bedroom apartment or deed restrict the unit to resident occupancy guidelines. d. Inspection of the proposed condominium by Department. The Building Department shall inspect prior to filing the final plat. C. Vested Rights: The applicant wishes to the vest the condominiumization of this project for three years pursuant to section 24-6-207. through the Ordinance adoption process. the Building the building RECOMMENDATION: Staff recommends approval of the condominiumization of 320 W. Main Street and vested rights for three years with the following conditions: 1. The applicant is required to submit a Final Plat on reproducible mylar for approval by Engineering Department and record the plat with the Pitkin County Clerk and Recorder. It is recommended that a blueline be submitted for review prior to the final submission. In addition to the standard information and required certificates the plat shall include: o A statement that the applicant agrees to )01n any improvement dil?trict formed for the purposes of constructing improvements in the pUblic right-of-way. o Owner's Certificate - besides the standard language it must include a statement to the effect of:........ :'In addition does hereby acknowledge the encroachments, at the south property line, into the pUblic right-of-way, and that if the retaining wall is removed for any reason, any new structure will be built inside the property line~ o City Engineer's Certificate - besides the standard language it must include a statement to the effect of:~:~n addition does hereby acknowledge the encroachments shown hereon with 3 .1""'\ ,-, the conditions set forth in the owner's certificate.H o A statement to the effect that~title policy number was used in preparation of this survey plat. 2. The submitted plat must reflect parking approvals previously granted by the Historic Preservation committee and the Planning and Zoning commission these conditions. 3. Prior to filing the final plat, the applicant shall pay a condominiumization affordable housing impact fee of $4,700 (payable to the city Finance Department with receipt forwarded to the Planning Office) for the one bedroom unit, or deed restrict the unit to resident occupancy guidelines to be filed with the Housing Authority. 4. The Building Department shall inspect the building prior to filing the final plat. 5. A SUbdivision Exemption Agreement shall be submitted and filed concurrently with the condominium Plat. 6. All material representations made by the applicant in the application and during public meetings with the City Council shall be adhered to and considered conditions of approval, unless otherwise amended by other conditions. PROPOSED MOTION: 78, Series 1992 320 W. Main St., "I move to approve second reading of Ordinance for the condominiumization of the structures at also known as the smith-Elisha property." CITY MANAGER COMMENTS: Attachments: Ordinance No. 78, 1992 4 NOV 17 '92 14:36 MCFLYNN 8< PICKETT PC ,-., TIMOTHY McFL.YNW MARTHA C. PICKETT 'ALSO~TW:IIN~ Kim Johnson City Planner 130 S. Galena street. Aspen, CO 816.11 .~ McFLYNN & PICKETI' l.AWVERS A PROFESSIONAl. CORPORATION THE SMITli.EUS..... "OU$I!: "aowest MAIN STREET. SUITE 1 "'SPEN. COI.OR.'IDO '1"" November 17, 1992 RE: 8mi~h-Blisha CG~4o.i~i~i.a~ion Dear Kim: , P.1/1 : i ! ' TEL.r.PHQNe: (SQ$) !la~.2;l11 TEI.ECOPIER ClIOS) lla~.a44a \ . , . , ; 1, , Pursuant to our telephone c~mversation$, this l~tter is intended as an amendment to our condominiUIII applica~ion tor the smith-Elisha Propert.yas follows: ; . I 1. Vested :Rights. We request that. the three-year vested rights Joe applie4 to the condomlnlU111ization upon approv+ al. ;. I i 2. SiX-Month Te:nancnr. We request exemption fr~ the six';' month tenancy restriction pursuant to the city I.and Ose. Code, Section 7-l007A(1) (b) (2) (a) because of its immedi~ ate proximity to other short-term 104ge8. '!'here are several lodges in the close vioinity, for example th, Swiss Chalet, Christmas Inh, and, the Innsbruck, with th. Aspen Bed and Breakfast bein9 directly across the street~' which have short-term rentals. , 'I :It. is ..y understanding that we are IIlcheduled for the Novembe* 23 City council. Please let me know if the staff has been able to co~plete its work sessions with regard to how to address the one residential unit in this office condominium complex. Thank you for your continuinq cooperation. MCPJUm aIIlccIJoIluoo.IIt Sincerely, HcFLYNN & PICKETT, P.c. By'~. pi.....