HomeMy WebLinkAboutcoa.lu.co.205 S Galena St.34A-88
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DATE RECEIVED: 7/~/ff
DATE COMPLETE:
PROJECT NAME: ~~~dJfl
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CASELOAD SUMMARY SHEET
City of Aspen
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APPLICANT:
Applicant Address:
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PAID: eYED NO AMOUNT: . r0 %,0. Cel
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TYPE OF APPLI~ION:
1 STEP: V 2 STEP:
P&Z
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P~ HEARING
DATE: 41 ;&/f> OJ
YES NO ~
2)
IF 1 STEP APPLICATION GOES TO:
VESTED RIGHTS:
3) PUBLIC HEARING IS BEFORE:
P&Z
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DATE REFERRED:
INITIALS:
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Planning Director Approval:
Insubstantial Amendment or Exemption:
Paid:
Date:
Staff Approval:
Consent Agenda:
Paid:
Date:.
Attorney
.ity Engineer
Housing; Dir.
Aspen. Water
City Electric
Envir. Hlth.
Aspen Consolo
S,D.
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City Atty City Engineer
Mbt.. Ben
Parks Dept.
Hgly Cross
Fire Marshall
Fire Chief:
Roaring Fork
Transit
Schr;;jol DistJrict
Rocky Mtn Nat Gas.
State Hwy Dept (GW)
State Hwy Dept(GJ)
Bldg:Zon/Inspect
Roaring Fork
Energy Center
Other
INITIAL: ,,61{
Bldg. Dept.
Other:
FILE STATUS AND LOCAT~B#~:
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CASELOAD SUMMARY SHEET
THE BRAND BUILDING CONDOMINIUMIZATION
On September 12,
condominiumization of
second floor with the
1988 the city Council approved the
The Brand Building residential units on the
following conditions:
1. A one bedroom unit shall be permanently deed-
restricted to the modsrate income employee price
and occupancy guidelines. This deed-restriction
shall be filed and recorded with the Housing
Authority.
2. The applicants shall. submit $36,875 for the Affordable
Housing Fee.
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3. The applicants shall submit a plat which meets the
requirements of Section 20-15 of the Code.
4. The applicants shall agree to join any future
improvements district which are formed for the area.
The City Council noted that; they would like to keep the option
open with regard to the possible acquisition of the employee unit
as a deed. r(3stricted unit.. This would occur if the code
regUlationSlweFe .1::0 be amended. The applic:ant will consider this
option if the code amendments are processed.
:En addition the city- council sent the conditional use applic:atiort
JD.ack .,to the planning. CO!lllllission fOF. review S1.nce it was
represented at. the meeting that , the employee unit. was. to be used
aEl . an. offi?e rather. than a resident manager. This is not what
was represented at the Planning commission Conditional Use review
llteet.il1~ .
611 December 20, 1988 the plarming.. commission, approved an
all'l(3n~ItI<3l'litalIowin<] . the ,. e~wlo~ee . On .si~e unit. tQ It>E!! use~1 as!
~E::c:essoIJfoH~C:<3sl?ace. ThisthElrebY allOWS! c:ondition !t1aboi'l'e. ~El'
It>E!1..de1etMl ~~oJtO! c:ol1tinue .to FE!q\l~re t~at. the aff?rdabJE!!fiE:l,u~ing(
$Illgil;ct f.e1E![ It>e, Pa.~lll l?PFsuant to condition it above at the tinier a,
c9'ndomin$1ill1i\ plat. .i!~fned!..
CH.HB400'
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GARfKlElLD & HJECHT, P.CO
RONAW GARFIEW*
ANDREW V. HECHT".
WILLIAM K. GUEST, P.C....
ROBERT E. KENDIG
ATTORNEYS AT LAW
VICTORIAN SQUARE BUILDING
601 EAST HYMAN AVENUE
ASPEN, COLORADO 81611
TELEPHONE
(303) 925-1936
TELECOPIER
(303) 925-3008
CABLE ADDRESS
"GARHEC"
JANE ELLEN HAMILTON
.ftlso admitted to
N~Yo,kB" August 24, 1988
"also admitted to
District of Columbia Bar
.-also admitted to
Nebraska and Texas Bar
Cindy Houben
Aspen/Pitkin Planning Office
130 South Galena
Aspen, Colorado 81611
RE: Brand Buildinq Condominiumization
Dear cindy:
By virtue of this letter, we would like to request that our
Application for Condominiumization be amended to reflect the fact
that we are now willing to pay the affordable impact housing fee
for the entire residential section of the building in the amount
of $36,875.00 reflecting the fee applicable for three (3) two-
bedroom and four (4) one-bedroom units. Therefore, we are no
longer offering to deed restrict a unit in lieu of paying the
affordable impact housing fee.
We understand that this item has been scheduled for the
september 12, 1988 City Counsel Agenda. Should you have any
questions regarding this matter, please do not hesitate to
contact us.
Sincerely,
P,C.
e Ellen Hamilton
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CC: Harley Baldwin
AUG 26 1988
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MEMORANDUM
TO: Aspen city Council
THRU:
Robert S. Anderson, Jr., city
FROM:
cindy Houben, Planning Office
september 12, 1988
Manager /.D_
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DATE:
RE:
Brand Building Condominiumization
=========:=======================================================
PREVIOUS COUNCIL ACTION: On August 22, 1988 the City council
directed the Planning Office to review the option requested by
the applicant to waive the affordable housing impact fee (AHIF)
in exchange for deed restricting an on-site unit.
PROBLEM DISCUSSION: The Planning Office acknowledges that the
Code does not currently allow this option and that a Code
amendment would be necessary to approve the option. However, if
the City council felt that they wished to approve such an option,
the Planning Office suggests that the following method be use as
a fair compromise Which might later be reviewed as a code
amendment (at the time the Planning Office presents a number of
code amendments in December).
Free market unit AHIF / 6 units =
Deed restriction/I unit/Moderate =
$32,175
$16,750
housing
employee
fee
The applicant would be given credit as if a moderate income unit
was built in the community. This is $16,750 which would be
subtracted from the total $ 32,175 which is owed on the
condominiumization of the six free market units. Thus Mr.
Baldwin would be given credit for the deed restricted unit based
. on the same standards which are used when a developer receives
credit for building or paying cash-in-lieu for a moderate income
unit.
We recently received a letter for Mr. Baldwin's representative,
Jane Ellen Hamilton, noting that Mr. Baldwin wishes to pay the
entire amount for the Affordable Housing Impact Fee and not deed
restrict the one existing employee unit. (See attached letter
dated August 24, 1988.) . In later discussions with the
applicant's representative, the applicant indicated that he would
be willing to keep the option open to deed restrict the unit if
the Code were to change, thereby allowing the entire affordable
housing fee to be waived.
It is the right of the applicant to pay the entire fee for all 7
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units, however, the Planning Office feels that the Planning
commissions review of the conditional use request to short term
the units was partially based on the fact that one employee unit
would remain on site. Therefore, if this unit is to be eliminated
the Conditional Use Review must be reheard before the Planning
Commission or granted an amendment as an insubstantial change by
the Planning Director.
RECOMMEND MOTION: If the applicant accepts the Planning Office
recommendation to pay $15,425 for the affordable housing fee and
deed restrict the one unit, the Planning Office recommends that
the condominiumization be approved by the City council with the
following motion:
"Move to grant SUbdivision Exemption for the purposes of
condominiumizing the Brand Building residences, subject to the
following conditions:
1. A one bedroom unit shall be permanently deed-
restricted to the moderate income employee price and
occupancy guidelines. This deed-restriction shall be
filed and recorded with the Housing Authority.
2. The applicants shall submit $15,425 for the Affordable
Housing Fee.
3. The applicants shall submi t a plat which meets the
requirements of Section 20-15 of the Code.
4. The applicants shall agree to Jo~n any future
improvements district which are formed for the area."
If the applicant does not accept the Planning Office
recommendation, then we recommend approval of the
condominiumization request with conditions 2 through 4 as listed
above except that the total cash-in-lieu be accepted by the city
Council will be $36,875. In addition, a condition shall be
added that the Planning Commission re-review the Conditional Use
request and that the condominium plat shall not be recorded until
such time as the Conditional Use hearing is held. If the
Conditional Use Review is denied by the Planning Commission then
the city Council Condominiumization approval will need to be
reconsidered.
(Please refer to the August 22, 1988 memorandum which is
attached. )
CITY MANAGER RECOMMENDATIONS:
ch.hb200
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MEMORANDUM
~Jlrc e
TO:
Aspen City Council
FROM:
Robert s. Anderson, Jr., city Manager~~~
cindy Houben, Planning Office ~
Brand Building Condominiumization
THRU:
RE:
DATE:
August 22, 1988
================================================================
SUMMARY: The Planning Office recommends approval of the request
to condominiumize the Brand Building with the conditions as
listed below in the recommendation section.
REQUEST: Condominiumization of 7 existing residential units
located on the second floor of the Brand building.
APPLICANT: Harley Baldwin.
HISTORY: In 1986, the applicant received approval to add 4
additional units in the Brand building. At that time, the units
were deed-restricted to a 6 month minimum lease restriction.
Earlier this month the applicant received approval to lift the 6
month minimum lease deed-restriction as a conditional use in the
CC zone district for residential units on second floor levels of
historic commercial structures.
REFERRAL COMMENTS:
1) Engineering Department: In a memorandum dated August 16,
1988, Chuck Roth of the Engineering Department made the
following comments:
1. Insofar as the granting of condominiumization
represents an improvement of property values and
revenue potentials to the applicant, and insofar as the
city is able to make requests or requirements
associated with property zoning benefits, the
Engineering Department suggests three requests or
requirements.
a) In the alley there are a number of encroachments
of uses pertinent to the Brand Building. There
appear to be at least four dumpsters in the alley
right-of-way and other utility installations-
gas, water, electric which appear to be
encroaching into the alley. It is desirable both
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from a public safety standpoint (the Code requires
20 foot wide emergency access) and from the
standpoint of general ability to make the best use
of alleys. It does not appear that these
encroachments are licensed. Any approvals should
be conditioned on the applicant obtaining
encroachment permits.
This review has briefly examined review standards
for development of historic structures and finds
nothing that appears to preclude constructing an
enclosure in the Brand Building, similar to the
one at the C Building, for locating dumpsters and
utility fixtures on the applicant's property.
b) There has been a problem with roof drainage at the
Brand Building which is merely drained onto the
surface of the alley where it freezes during
winter months, thereby creating an ice hazard.
For new construction, a developer would typically
install a drywell to drain the roof into. (This
was done at the Independence Lodge Building, also
known as the Crossroads Drugs building). The
Engineering Department would like to see this roof
drain removed from the alley. The other
technique beside a drywell to deal with the water
would be to pipe it to the storm sewer in Mill
street.
c) Since the applicant does not have the required
parking spaces on site, it is suggested that cash-
in-lieu be required.
2. A plat must be submitted which meets the requirements
of section 20-15.
The applicant must agree to join
improvement district for improvements
rights-of-ways per language available
Attorney.
2) Housing Authority: In a memorandum dated 8/10/88, the
Housing Authority makes the following recommendation:
3.
any future
in the pUblic
from the City
1) The Housing Authority Board recommends that the unit be
"permanently restricted" with no ability to remove the
restriction by payment at a future date. The Housing
Authority shall approve the restriction prior to
recordation and it shall be recorded prior to final
plat. In addition, the Housing Authority Board
recommends that the unit be restricted to the moderate
income guidelines.
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STAFF COMMENTS: The application
pursuant to Section 7-1008. This
criteria:
for condominiumization is made
section addresses the following
Criteria: Existing tenants shall be given written notice when
their unit will be offered for sale as a condominium, and the
sale price. Each tenanct shall be provided a ninety-day (90)
nonassignable option to purchase the unit at this preliminary
market value. In addition, each tenant shall have a ninety-day
(90) exclusive nonassignable right of first refusal to purchase
the unit which shall commence when a bona fide offer is made by a
third person, and accepted by the owner. In the event that such
offer is made while the initial ninety-day (90) option is still
in effect, the tenant may purchase the unit for the amount of the
initial sales price or mthe amount of the bona fide offer,
whichever is less.
Response: The application notes that there have been no long-
term tenants which should be offered an option to purchase the
units pursuant to the Code requirement.
criteria: The minimum lease period for residential units shall be
6 months unless certain criteria are met or unless the Planning
commission grants a conditional use approval for units located in
the CC zone district in historic structures.
Response: The Planning commission granted a conditional use
approval for the Brand Building enabling the units to be rented
without a 6 month minimum lease restriction. This approval is an
option available in the CC one district for historic structures.
criteria: The applicants must pay an affordable Housing Impact
fee if free market units are being condominiumized.
Response: The applicants are requesting that 6 of the 7 units be
condomimumized as free market units and that one unit be deed-
restricted. The applicants are requesting that at such time the
unit is not needed for employee housing (on site manager) that
they be allowed to pay the affordable housing impact fee and
sell the unit as a free market unit.
The Code allows both of the above requested options. However,
the Housing Authority recommendation to maintain one deed-
restricted unit is consistent with the Planning staff's
understanding that there will always be an on-site manager which
will conduct services for the guests or owners. This
understanding was one of the reasons the Planning Office
recommended approval to the Planning Commission for the
conditional review to lift the 6 month minimum lease restriction.
It was felt that an on-site manager would help to alleviate some
of the need for additional service deliveries and trips to the
short-term units. Therefore, the Planning Office concurs with
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the recommendation of the Housing Authority regarding maintaining
one unit as a permanently deed-restricted unit.
The affordable housing impact fee payment for the 6 free market
units total $32,175.
In response to the Engineering Department comments, the Planning
Office feels that the appropriate time to have acquired parking
spaces or payment-in-lieu was at the time the units were
initially given approval in 1986. In addition, the Planning
Office strongly recommends against any alteration to the exterior
of the Brand Building for trash storage. During the recent
conditional use review with the Planning commission, the
applicant agreed to add a trash compactor within the building as
well as participate in an alley wide trash district which would
attempt to solve the trash receptacle encroachment for all the
businesses along the alley. Only two of the four dumpsters
outside of the. Brand Building are owned by the Brand Building.
The other receptacles belong to Toros and Aspen Drug. In
addition, at the time of Conditional Review the Planning
commission imposed a condition that the applicant shall apply for
an encroachment permit to correct a roof drainage problem in the
alleyway. Therefore, the Planning Office feels that several of
the Engineering Department concerns have already been addressed.
In summary, the Planning Office does not object to the request to
condominiumize the existing units if the conditions as listed
below are imposed on the applicant.
RECOMMENDATION: The Planning Office recommends approval of the
Brand Building residential units with the
following conditions:
1. One 1 (one bedroom) unit shall be permanently deed-
restricted to the moderate employee guidelines. This deed-
restriction shall be filed and recorded with the Housing
Authority.
2. The applicants shall submit $32,1~~ for the affordable
Housing gee. :fl.' v
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3. The applicants shall submit a' plat which meets the
requirements of section 20-15 of the Code.
4. The applicants shall agree to join any future improvements
district which are formed for the area.
CITY MANAGER' S COMMENTS:
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MEMORANDUM
To: Cindy Houben, Planning Office
From: Chuck Roth, Assistant City Engineer ~~
Date: August 16, 1988
Re: Brand Building - Condominiumization
Having reviewed the above referenced application, and having made
a site inspection, the Engineering Department has the following
comments:
1. Insofar as the granting of condominiumization represents an
improvement of property values and revenue potentials to the
applicant, and insofar as the city is able to make requests or
requirements associated with property zoning benefits, the
Engineering Department suggests three requests or requirements.
(a) In the alley there are a number of encroachments of uses
pertinent to the Brand Building. There appear to be at
least four dumpsters in the alley right-of-way and other
utility installations - gas, water, electric - which appear
to be encroaching into the alley. It is desireable both
from a public safety standpoint (the code requires 20 foot
wide emergency access) and from the standpoint of general
ability to make the best use of alleys, to have these
encroachments removed from the alley. It does not appear
that these encroachments are licensed. Any approvals should
be conditioned on the applicant obtaining encroachment
permits.
This reviewer has briefly examined review standards for
development of historic structures and finds nothing that
appears to preclude constructing an enclosure in the Brand
Building, similar to the one at the C Building, for locating
dumpsters and utility fixtures on the applicant's property
(b) There has been a problem with roof drainage at the Brand
Building which is merely drained onto the surface of the
alley where it freezes during winter months, thereby
creating an ice hazard. For new construction, a developer
would typically install a drywell to drain the roof into.
(This was done at the Independence Lodge BUilding, also
known as the Crossroads Drugs building.) The Engineering
Department would like to see this roof drain removed from
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the alley. The other technique
with the water would be to pipe
Mill street,
besides a dry well to deal
it to the storm sewer in
(c) Since the applicant does not have the required parking
spaces on site, it is suggested that cash in lieu be
required.
2. A plat must be submitted which meets the requirements of
Section 20-15.
3. The applicant must agree to join any future improvement
districts for improvements in the public rights-of-way per
language available from the City Attorney.
cc: Jay Hammond, City Engineer/Director of Public Services
CR/cr/memo_88.?1
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MEMORANDUM
FROM:
Cynthia Houben, Planning
Janet Raczak, Housin~
Brand Building condomUbiumization
TO:
RE:
DATE:
August 10, 1988
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The Board determined that the six month minimum lease issue was
moot on all units except the manager's unit.
The code states that, in order to waive the Affordable Housing
Impact Fee, demonstration shall be in the form of a permanent
restriction placed on the unit that the unit will only be sold to
or occupied by qualified employees, as defined in the adopted
Housing Guidelines.
The Board recommends that the Affordable Housing Impact Fee be
waived subject to the applicant' permanently restricting the
manager's unit for sale or rental to qualified employees based on
the adopted use, occupancy, rental and sale guidelines for
moderate income units. The unit is 500 s.f. and contains 1 BR.
The current occupant is the on-site manager who is paid $2000/mo-
nth plus the apartment at no cost. A 500 s. f one bedroom
apartment is to be restricted to low income guidelines. However,
the Board specifically determined that the moderate guidelines
should be established for this unit.
The applicant is requesting that, in the future, should they
decide to pay the "Affordable Housing Impact Fee", the deed
restriction be removed and payment made at that time.
As the housing stock is condominiumized, our affordable housing
stock is reduced. In the rewrite of the code, the Planning
Commission identified a problem of past code requirements with
respect to condominiumization, which required a five year deed
restriction on condominiumized projects to help prevent displace-
ment. The P&Z found that this resulted in a time bomb effect
with the eventual loss of even those deed restricted units.
Finally, the City Council determined that an affordable housing
impact fee, to be paid for each unit condominiumized, was the
most appropriate way to address this problem and the "Affordable
Housing Impact Fee" section of the Code was adopted.
The applicant is not required to provide an employee unit with
this condominiumization. However, the applicant is required to
make payment under the Affordable Housing Impact Fee or request
waiver of the fee and deed restrict a unit instead. Once he has
paid the fee, the case is closed. If, however, the applicant
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prefers to provide employee housing, he is creating an employee
deed restricted unit. The applicant originally demonstrated that
no long term residents were being displaced (which is no longer a
requirement of condominiumization; requests), and is therefore
allowed to condominiumize with the condition of payment of the
fee or deed restricting a unit. If the applicant was allowed to
remove that unit from the employee housing inventory, after using
it as employee housing, he is then displacing an employee and the
"time bomb" effect, which the P&Z noted under old code provi-
sions, is still occurring. The unit is in the inventory,
available to employees, and then removed.
It is the opinion of the Housing Office that the unit, once
restricted, be deed restricted as a permanent covenant running
with the land for the following reasons:
1. An employee has been living in the unit; and
2. the unit, after restricted, has become a part of the
inventory, and releasing it creates the "time bomb" effect.
Further, the Code specifically states that:
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"An applicant may request waiver of the Affordable Housing
Impact Fee by demonstrating that the condominiumized will
remain available to employees of the community. Demonstra-
tion shall be in the form of ,a nermanent restriction placed
on the unit that the until will only be sold to or occupied
by qualified employees, as defined in the adopted housing
guidelines . . . "
The Housing Authority Board recommends that the unit be "per-
manently restricted" with no ability to remove the restriction by
payment at a future date. The Housing Authority shall approve
the restriction prior to recordation and it shall be recorded
prior to final plat.
Pleas
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JtI. I 9 1988
RONAW GARFIELD'
ANDREW V. HECHT"''''
WILLIAM K. GUEST, p.e."'''''''
ROBERT E. KENDIG
ATTORNEYS AT LAW
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!L.!. '__"'_'_~""____"_"^,__'""n_._
!...-_"____,___ TFT F~1I0NE.J
(303) 925-1936
TELECOPIER
(303) 925,3008
CABLE ADDRESS
"GARHEC"
GARfliJEJLD & lHlIECJIH, r.c.
JANE ELLEN HAMILTON
VICTORIAN SQUARE BUILDING
601 EAST HYMAN AVENUE
ASPEN, COLORADO 81611
~also admitted to
New York Bar
ualsoadroittedto
DistrlctofColumbia Bar
~ualso admitted to
Nebraska and Tellas Bar
July 18, 1988
Ms. Cindy Houben
Aspen/Pitkin Planning
130 So. Galena Street
Aspen, CO 81611
Office
RE:Brand Building Condominiumization
Dear Cindy:
Enclosed is our Development Application seeking the
condominiumization of the Brand Building. Enclosed with this
Application are the following:
1. A letter from the Applicant containing his name,
address and telephone number authorizing the undersigned to act
on his behalf.
2. A Land Use Application form including the street
address and legal description of the parcel for which the
development is proposed.
3. A copy of the Applicant's current Certificate of Title
Insurance listing the names of all owners of the property and all
mortgages, judgments, liens, easements, contracts and agreements
affecting the parcel and demonstrating the Applicant's right to
apply for the Development Application.
4. An 8," x 11" vicinity map.
5. An explantion of why the proposed development complies
with the substative development review standards of the Municipal
Code of the City of Aspen.
6, A filing fee in the amount of $680.00 in the form of
check made payable to the City of Aspen.
7. An improvement survey.
As there are no public notice requirements for this
application, we have not supplied you with any addresses for
notice to adjacent property owners.
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GARfllEW &: HECHT, I'.C.
Mr. Tom Baker
July 18, 1988
Page -2-
Should you have any questions regarding this application,
please do not hesitate to contact us.
Sincerely,
GARFIELD & HECHT, P.C.
J
JEH/cc
Enclosures
cc: Harley Baldwin (w/o enclosures)
.-, ATI2IOlMmr 1
, lAND USE APPLICATIOO FORM
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1) Project Name
Brand Buildinq Condominiumization
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2) Project loCation 205 South Galena St" Aspen, CO; LOts G, H and I, Block 88,
citvand Townsite of Aspen, pitkin County, Colorado
(:inli.cate street ad:D:'ess, lot & block J'IItmhP-r, legal ?r::dption Where
appropriate)
3) Present ZOI'linJ
c.c
4) Lot size 9026 Sq. ft.
5) Awlicant's Name, Address & R1ane f HarleY Baldwin. 330 E. 59th Street,
New York. NY . 10022
6) Representative's Name, Address & R1ane f ,Tane r:Hen Hamilt-Dn. Garfield &
Hecht, P.C.. 601 East Ii;yman Avenue. Asoen. CO 8161]
7) Type of Awlication (please dJeck all ~t apply):
Corili.tionaJ. Use _ Concept:ual SPA _ Concept:ual Historic Dev.
_ Special Review Final SPA
8040 Greenline _ Concept:ual roD
_ stream Margin Final roo
_ Final Historic Dev.
_ Minor Historic Dev.
Historic IleIlPlition
M:Junta:in view Plane SUbdivision .
.
_ Historic Designation
-1L Cbndami.ni.umization _ TextjMap A1lerDment
_ I.Dt SplitjIDt Line
Adjustment
_ QO'> AlliJt.-...t
_ QO'> Exalption
8) Description of Exist.inJ Uses (romher am type of ex:i.stinJ st:rucb.Ires;
approxilnate sq. ft.; 11ItmhPr of J......:h.uans; any previoos approvals granted to the
p:rqJerty) .
51':r<,><,>t revel eX1I1lTT1F>rcia] 1188S: 2nd floor residential units (see 10/2/86
Plannintl Canrnission aoprovals)
9) Description of Developnent Awlicatian
rnrlnlimi 11 ; I1TTli 7.nt- i nl1 of rnTl1I1"lPrC'!i al and residential uses
10) Have yoo. atta<:b:rl the follCMin:j?
--X- Respa1.s.e to Atta.J..uuel1t 2, M:in:imJm Sl1hni~",ian 0Jntents
--X..-. Respa1lse to AttaduDent 3, Specific Snhni"""ion 0Jntents
-1L- Respa1lSe to Attac:.tment 4, Review standards for Yoor Awlication
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SUBDIVISION EXEMPTION
APPLICATION
I. INTRODUCTION
The Applicant, Harley Baldwin, is the owner of the Brand
Building, a designated National Register of Historic Places
structure, located at 205 South Galena Street, Aspen, Colorado.
The Applicant wishes to condominiumize the Brand Building by
virtue of this Application. The Applicant is requesting approval
of such condominiumization as a subdivision exemption pursuant to
Section 7-1008, Division 10, Article 7 of the Municipal Code of
the City of Aspen (the "Code"). The Brand Building consists of
six (6) apartments, four (4) of which are currently restricted to
a minimum six (6) month leases with no more than two (2) shorter
tenancies per calendar year terms. The building also contains an
employee unit which, to the best of Applicant's knowledge, is not
deed restricted to Pitkin County employees. Applicant is
simultaneously requesting conditional use approval of the removal
of the minimum lease tenancies on the apartments. A hearing
before the City of Aspen Planning and Zoning Commission to review
such conditional use application is scheduled for August 2, 1988.
Because each of the Brand Building Apartments contains a
kitchen, the apartments do not constitute a hotel or lodge as
defined by the Code, therefore this Application requests the
condominiumization of residential units in this subdivision
exemption application, pursuant to Section 7-1008(A) (1) of the
Code.
II. Growth Management Quota System
Because this request for condominiumization of the Brand
Building results in neither a change of use (confirmed by
telephone conversation with Tom Baker of the Aspen/Pitkin
Planning Office May 12, 1988) nor the addition of any new
commercial, residential or lodge space, this Application is not
subject to the provisions of the GMQS.
III. Request for Approval of Condominiumization of Residential
Units.
A. Discussion
Although, as discussed above, four (4) of the Brand Building
apartments are restricted to minimum six (6) month tenancies,
there are currently no long term tenants renting any of the
apartments. Further, given the history of the lack of interest
in the rental of these apartments for six (6) months or longer by
full-time Aspen residents, no displacement of any such residents
will occur by virtue of this condominiumization application.
According to the Applicant, all of the six (6) month tenants who
have rented. the apartments have been out-of-state residents and
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none of these tenants have rented the apartments for consecutive
six (6) month periods. Therefore, as no local residents will be
displaced, this proposed condominiumization will have no adverse
impact on affordable housing.
Should there be any long-term tenants renting an apartment
in the Brand Building at the time of condominiumization, the
tenants shall be given written notice of when their unit will be
offered for sale as a condominium and the sales price. Each
tenant shall be provided a ninety (90) day non-assignable option
to purchase the unit at this preliminary market value. In
addition, each tenant shall have a ninety (90) day exclusive
non-assignable right of first refusal to purchase the unit which
shall commence when a bona fide offer is made by a third person
and accepted by the Applicant. In the event that such offer is
made while the initial ninety (90) day option in still in effect,
the tenant may purchase the unit for the amount of the initial
sales price or the amount of the bona fide offer, whichever is
less.
B. Request for Removal of Minimum Lease Restrictions
1. Introduction.
Applicant requests that the Brand Building condominiums not
be restricted to six (6) month minimum leases. On August 2,
1988, the Aspen Planning and Zoning Commission will consider
Applicant's conditional use application requesting removal of the
six (6) month minimum lease tenancies from four (4) of the Brand
Building apartments. Since this Application is being submitted
prior to such meeting, it is unknown how the Planning and zoning
will vote on such application. If the Planning and Zoning
approves Applicant's conditional use application removing the
lease restrictions, the condominiums may be leased without
limitation as stated in Section 7-1008 (1) (1) (b) (2) for the
condominiums are residential dwelling units located in historic
landmarks.
Even if the Planning and Zoning Commission rejects
Applicant's conditional use application, it is appropriate for
the City Council to eliminate the six (6) month minimum lease
restrictions for the Brand Building pursuant to Section
7-1008(1) (b) (2) for the condominiums meet the requirements
established by such person.
2. Statutory Authority.
Section 7-1008(A) (b) (2) states that residential dwelling
units in the commercial core shall be restricted to six (6) month
minimum leases with no more than two (2) shorter tenancies per
year unless the Applicant demonstrates that:
a. The immediate vicinity of the parcel proposed for
condominiumization is characterized predominantly by lodges
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or units which are permitted to be used as short term
accommodations and a substantial percentage of these units
are currently being used for short term rentals; and
b. There were not previously long-term residents of
the parcel who are displaced directly or indirectly by the
proposed condominiumization; and
c. The parcel is in close proximity to the downtown
area or to major tourist recreational facilities; and
d. The Aspen area comprehensive plan designates the
subject neighborhood as appropriate for short-term
accommodations.
1. Immediate Vicinity is Characterized by Short-Term
Rentals.
The downtown area of Aspen in which the Brand Building is
located is not currently dominated by long-term residences.
Instead, the majority of the condominiums in the area are
short-term rentals, like the Roaring Fork Condominiums which are
within three hundred feet (300') of the Brand Building and
further, there are a variety of lodges in the downtown area which
are strictly short-term rentals. Therefore, it would be
consistent with the area for the Brand Building to not be
restricted to minimum six (6) month tenancies.
2. No Displacement of Long-Term Residents.
As discussed above, there are not currently and there never
have been any long-term residents at the Brand Building for
periods in excess of the six (6) month minimum tenancies required
for four (4) of the apartments. In other words, no long-term
residents have rented the apartments for any two (2) consecutive
six (6) month periods and therefore no one will be displaced
directly or indirectly by the Applicant's proposed
condominiumization of the Brand Building.
3. Proximity to Downtown Area.
As the Brand Building is located on the corner of South
Galena Street and Hopkins Avenue, the building is located in the
very core of the Aspen downtown area.
4. Aspen Area Comprehensive Plan.
The Aspen Area Comprehensive Plan of 1966 states that a
residential dwelling is appropriate for the central commercial
areas and central business areas because of the Plan's emphasis
on encouraging varied and interesting development in established
areas. The 1973 Aspen Land Use Plan states the primary use of
the central area of Aspen should be activities which relate well
to the pUblic transportation system, the ski area and tourist
oriented businesses. Therefore, the commercial core is
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designated as appropriate by the Plan for short-term
accommodations, so the removal of the rental restrictions on the
Brand Building would be consistent with the Plan.
C. Affordable Housing Impact Fee
Pursuant to Section 7-l008(A) (1) (c) of the Code, the
condominiumization of residential dwelling units must be
accompanied by an affordable housing impact fee. Applicant
currently employs one twenty-four (24) hour on-site Manager for
the Brand Building. This Manager occupies one of the units.
located on the second floor of the Brand Building, which unit is
not, to the best of Applicant's knowledge, currently deed
restricted to employee use. After the condominiumization,
Applicant intends to retain the same twenty-four (24) hour
on-site Manager. Instead of paying an affordable housing impact
fee, Applicant proposes deed restricting the unit to conform with
the Aspen/Pitkin Housing Guidelines. Applicant will have the
ability to place its own employees in the unit first, thereafter
will have an approval power over any other employees who wish to
live in the unit should no on-site Manager be employed by the
Applicant or his successors in the future, and thereafter shall
be available to the Aspen/Pitkin Housing Authority for leasing to
other eligible Pitkin County employees.
Applicant has had conversations with Jim Adamski of the
Aspen/Pitkin Housing Authority on May 20, 1988 and with Alan
Richman, Director of the Aspen/Pitkin Planning Office on May 25,
1988 regarding the dedication of the Brand Building unit to an
employee unit. Both agreed that the Applicant could deed
restrict to rental or sale guidelines for qualified employees and
thus avoid paying the affordable impact housing fee. Mr. Richman
informed the Applicant's representative that if the Applicant
should, at a later date, decide not to retain that unit as an
employee unit, the Applicant or his successors could remove the
deed restrictions on the employee unit, pay the affordable impact
housing fee in effect at the time, and thereafter place the unit
on the market at a free market sales or rental price.
IV. Conclusion.
Applicant respectfully requests the City Council of Aspen
grant his subdivision exemption application requesting approval.
for the condominiumization of the Brand Building residential
units without restrictions as to minimum leases and further
requests that, in lieu of paying the Affordable Housing Impact
fee, Applicant be allowed to deed restrict his on-site manager's
unit~to employee housing for qualified Pitkin County Employees.
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Respectfully submitted,
e Ellen HamLlton for
rley Baldwin, Applicant
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I, Harley Baldwin, hereby authorize Garfield & Hecht, P.C.,
601 East Hyman Avenue, Aspen, Colorado (925-1936) to act on my
behalf as my authorized representative in all aspects required by
my Development Application.
Dated:
1/11,!tS
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Har y Bald in
330 ast 59t street
New York, NY 10022
(212) 593-1155
American .Land Title Association Commitment ..~.jed 10/73
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COMMITMENT FOR TITLE INSURANCE
ISSUED BY
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STEWART TITLE
GUARANTY COMPANY
STEWART TITLE GUARANTY A Texas herein called the Company, for
valuable consideration, hereby commits to issu,e its policy or policies 0 title insurance, as identified in
Schedule A, in favor of the proposed I nS,ure,',d;:,n,ame,d i,n, S,c, ,h, ed" ule A, a, 0 ne,r or mortgagee of the estate
or interest covered hereby in the land ae$cr.ibed,M:ref.erieti,to in Sc Ie A, upon payment of,the
premiums and charges therefor; all subjee.tto.:tfiepdivisior:ls'of 'Schedules nd B and to the Conditions
and Stipulations hereof. '...... ,'..
This Commitment shall be effective oOly.wl;1eri.We:fdh
of the policy or policies committedfor'hav~)j~en:jris.
either at the time of the issuance of . .Crimmitment or.,
.,ofthe proposed Insuredand the amount
djJ]Schedule A hereof by the Company,
., '~qb);~quent endorsement.
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This Commitment is preliminary tof:...uance of sUCh'~9jNY or policies of title insurance and all
liability and obligations hereunder shitf.;..e e'.and termin~~~;sixmonths after the effective date hereof
or when the policy olicies comnJj;t,i: .'r shall iss!'ili)whichever first occurs, provided that the
failure to issue such Iicy or policie~.]);:6.;e'J"ult:DttheComp"ny. This Commitment shall not be
valid or binding until c ntersigned bY,ai1':"~tl1oriiedoff~~erwagent.
Compa;riy..:.t1ascaused this Commitment to be signed and sealed, to
become valid when counter' ed by an authorized officer or agent of the Company, all in accordance
with its By-Laws. This Commitment is efte.ctilleas of the date shown in Schedule A as "Effective Date."
S'l':gn~A.RT TITLE
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Authorized Signatory
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165 25M 7-87
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:'Order Number:
160"35
t ,Effective date:
SCHEDULE A
Commitment Number:
Mat 24 . 1.988 AtlhOQ A.M.
2.' Policy or Policies to be issued:
Amount of Insurance
A. ALTA Owner's, Policy
Proposed Insured:
Hadeyllltld:w1n
B.ALTA Loan Policy
Proposed Insured:
c.
$ '1'BD
$
$
3. The estate or i'nterest in the land described or referred to in this commitment.and covered herein i~fee simple ~nd title thereto is at the effective dateherecf
vested in:
Harley .Baldwin
4. The land referred to in this commitment is describ
Lots G, H,and I.
Block 8
CITY
County otColO'l'ado
1652 125M 11187J
Page 2
STEWART TITLE
GUARANTY COMPANY
SCHEDULE B - Section 1
Order NumbY603S
Commitment Number:
Requirements
The following are the requirements to be complied with:
Item (a) Payment to or for the account of the grantors or mortgagors of the full consideration for the estate or interest
to be insured.
Item (b) Proper instrument(s) creating the estate or interest to be insured must be executed and duiy filed for record.
-to. wit:
1. ltel!Faiseof Deed of Trust; da~Q. .A~t9, 1916, executed1;>y
Harley Baldwin, aka Harley A. .Baldwin, to the PubliC Trustee of
Pi.tkia County~ to s.e.cure .aniBde'btedDesa of $560,O()().OlJ, in
favor of. Majestic Savings aM tt:;iln Ali'lsoeiation, recot'(i.;ad. Auqust
9, 1916 in BoOk 315 at Paqe 251 IU~ . Reclaption .Ho.86030..
NOTEI Assignment of Rents recorded At.tgU$t 9,; 1 in llook 315
at Pagce 255 ll43. Reception No. 186031, gcivenin c t.ion with
the above Deed ofi'rust.
2. Certificllteof Sa.tisfaction lssued1;>y ti Clerk t:>f tll Court,
t:>f jooqement in favorot: RonaldJW1ss ,a.gcalnst Harley
Baldwin, in the a:IlK>untOf $1,000.00, plu court costa, interest
and attorneys fees .entereQ: i Civil Actio fk>' 79 C 090, County
Court ,Pitkin County. transtof which s ~corded. A~t
a, 19$.O in Book 392 at pagce as Reception Bo.. 225844.
3. Duly aCknowledged. lelllse1;>Yc:l:tl . Bank,. II .New. YorkblU\kitl.9"
corporat1on;ttor't.. 0:( !1or.~ .....e frOlll Hllrley Bal4Win in
favor of Chemical . in the ii\.lllOUllt of $4o.0,{)GO.OO, dated
Novellll:ler 12, 19$.5, ord.edN~l!Iber 14, 198$ in .Booil: 498 at
Page 994 llsRecept:iOR., 273090.
4. Duly acknowledged release by. Chemical Bank. .a Hew Yo.rk banking
corporation. .Mortqagcee, of Mort9'AgcE! frOll! Harley Bal<lW:in in
favor of Chemical Barot, in the ii\.lllOUlltof $500,000.00. datedttay
14, 1986. recorded ttay 16, 19l:!!6 in Book 510 at Page 998 as
ReCeption. No. 27B02l.
NOTEI Agreement of COl'll<<>li<iat.i,on and ModifiC\llt:ion Of Mort:.gcagce
recorded May 16 . 1~6 in ~51l at pa.gce 18 as Reception No.
218022.
5. '!'enaination Statement for Firumcitl.9" Statelltent frOlll C.1'. Knight,
Inc. dlb/a Country Flower and/or Rachel CollectiQn, debtQr(s}.
to. Harley Baldwin. secured party. recorded Oct~r 10., 1986 in
Book 520 at paqe 535 as Reception Mo. 28:2212. Filinq Mo. 10284,
qivitl.9" notice of a security interest pursuant to the Unifona
Co~rcial Code.
6. Release by the Sher:1ff.Qf tbe County of .Pitkin, of levy in
Civil Action No. "Not Stated". In the Small Claims CO\.lrt of the
County of Pitkin, Ronald L. WeisSlIlarl; Plaintiff(s), 175. Hllrley
See Continuation Pagce
1653 (25M 3/86)
Page 3
STEWART TITLE
GUARANTY COMPANY
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Order Number:
16035
CONTINUATION SHEET
SCHEDULE 'R-l'tection 1
Commitment Number:
]$aldwin, Defendant(s), recorded December 12,1980 in Book 401
at Page 341 as Reception No. 229457.
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0055 (5OM 1 G-87)
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STEWART TITLE
GUARANTY COMPANY
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SCHEDULE B - SectiOn 2
Exceptions ,<
16035
Commitment Number:
Order Number:
The policy or policies to be issued will contain exceptions to,the following. unless the same are disposed of to the
satisfaction of the Company:
6. Any
tax
1. Rights or claims of parties in possession not shown by the public records,
2. Easements, or claims of easements, not shown by the public records.
3. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, and. any facts which a correct
survey and inspection of the premises would disclose and which are not shown by the pUblic records.
4. Any lien, or right to a lien, for services, labor or material heretofore or hereafter furnished, imposed by law
and not shown by the public records,
5, Defects, liens, encumbrances,. adverse claims or other matters, if any, created, first appearing In the public
records or attaching subsequent to the effective date hereof but prior .to the date the proposed insured acquires
of recQ[d for value the estate or interest or m. ortgage thereon covered by this Commitment.
arid a.l.l unpa1a t.aXe& and assessments and any unredeemed
sales.
7. The effect of inclusions in any g-eneral ors
conservancy, fit:'e protection, 5011 consel'vati
district ot:' inclusion in anywate ervieeor
upt:'ovement area.
6. Exceptions and Minera
Aspen Townsitereeot:'d
as Reception 10.60156.
contained in Patent to
inBoqk 139 at Pa9'e 216
9. Terms, co i ions, obIt
in Enc:roacb ant A<Jreelllen
Baldwin, rerdeli ,January
Reception No. 274958.
l~. Terms, conditi os and restrictions as set forth 1n Deed Restriction
fot:' theBt:'and Building- Conditional Use APartments, t:'ecorded March
25., 1987 in Book 532 at pag-e 108 as Reception No. 287128.
one and t:'estrictionsas set forth
tween the City of Aspen and Harley
1, 1986 in Book 503 at Pag-e n6 as
11. Any and all Leases and Tenancies. {Leases evidenced by docUIIlent.s
recorded March 25, 1987 in Boak532 at Page 108 as Reception No.
287128, and recorded June 6, 19781n Book 349 at Page 333 as
Reception No. 261610 et.al.)
NOTE: Policies issued hereunder will be subject to the terms,
conditions,. .atld exclusions set forth in the ALTA 1987 POlicy
form. Copies of the 1987 form Policy Jacket, setting forth
said terms, COndition. and exclusions, will be lllade available
upon request.
E~ceptions nu~bered
are hereby omitted.
Page 4
STEWART TITLE
1654 (25M 11/87)
GUARANTY COMPANY
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All notices required to be given the Company and any statement in writing required to
be furnished the Company shall be addressed to it at P.O. Box 2029, Houston, Texas
77252, and identify this commitment by its printed COMMITMENT SERIAL NUM-
BE R which appears on the bottom of the front of the first page of this commitment.
STEWART TITLE
GUARANTY COMPANY
4. Any claim of loss or damage, whether or not based on negligence, and which arises
out of the . status of the title to the estate or interest or the lien of the insured.
mortgage covered hereby or any action asserting such claim, shall. be restricted to
the provisions and Conditions and Stipulations of this Commitment.
3. Liability of the Company under this Commitment shall be only to the named
proposed I nsured and such parties included under the definition of Insured in.the
form of policy or policies committed for and only for actual loss incurred in
reliance hereon in undertaking in good faith (al to comply with the requirem~nts
hereof, or (bl to eliminate exceptions shown in Schedule B, or (c) to acquire or
create the estate or interest or mortgage thereon covered by this Commitment. .In
no event shall such liability exceed the amount stated in Schedule A for the policy
or policies committed for and such liability is subject to the insuring provisions and
the Conditions and Stipulations and the exclusions from coverage of the form of
policy or policies committed for in favor of the proposed Insured which are hereby
incorporated by reference and are made a part of this Commitment except as
expressly modified herein.
2. If the prop()sedlnsured has or acquires actual knowledge of any defect, lien,
encumbrance; adyerse claim or other matter affecting the estate or interest or
mortgage thereon covered by this Commitment other than those shown in
Schedule B hereof, and shall fail to disclose such knowledge to the Company in
writing, the Company shall be relieved from liability for any loss or damage
resulting from any act of reliance hereon to the extent the Company is prejudiced
by failure to so disclose such knowledge. If the proposed Insured shall disclose such
knowledge to the, COmpany, or if the Company otherwise acquires" actual
knowledge of any ,such defect, Iien,encumbrance, adverse claim or other matt~r,
the Company at its option may amend Schedule B of this Commitrrlent
accordingly, but such amendment shall not relieve the Company from liability
previously incurred pursuant to paragraph 3 of these Conditions and Stipulations.
1. 'The term mortgage, when used herein, shaH include deed of trust, trust deed, or
other security instrument. ' .,
CONDITIONS AN\:) STIPULATIONS
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MEMORANDUM
FROM:
city Attorney
city Engineer
Housing Director
Cindy M. Houben, Planning Office
Brand Building Condominiumization
Parcel ID# 2737-073-39-003
TO:
RE:
DATE:
July 22, 1988
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Attached for your review and comments is an application submitted
by Jane Ellen Hamilton, requesting Condominiumization of the
Brand Building for street level commercial uses and 2nd floor
residential units. The lot size is 9026 sq. ft., is located on
Lots G,H and I, Block 88, city of Aspen, and is zoned CC.
Please review this material and return your comments no later
than August 15, 1988 in order for this office to have adequate
time to prepare for its presentation before CC.
Thank you.
.-,
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ASPEN/PITKIN PLANNING OFFICE
130 S. Galena Street
(303) 925-2020
Date: dY11f5.l1tt
RE: ~MJ.;&d(j~i~
o. ()
{riP tJ1vL-J: . .
Dear
This is to inform you that the Planning Office has completed its
preliminary review of the captioned application. We have
determined that your application IS complete.
~e have scheduled your application for review by the r~ on
...2-- . The Friday before the meeting date,. we will call to
2norm you that a copy of the memo pertaining to your application
is available at the Planning Office. .
If your application .requires public notice, you should have
already obtained a copy of the form. entitled "Public Hearing
Notice Requirements." If you have not already done so, please
. come to the Planning office to pick up a copy.
If you have any other questions, please call
the planner assigned to your case.
alp d([
Sincerely,
,-,.,
.-..
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October 28, 1988
Cindy Houben
City of Aspen
Planning Department
130 S. Galena
Aspen, CO 81611
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Dear Cindy:
I hope you had a great vacation. This is a copy of our new brochure.
When you are back I hope we can finish the Brand and start on the
Crestahaus. The Crestahaus right now I describe as "Disney World
for rats and mice." I hope together we can change that.
S~Jire'y,
i::!~L
HB:jb
encl.
OCTS,
The Brand Building 205 S. Galena Street Aspen Colorado 8 I 6 I I 303 925 2209
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RETURN TRIP, DECEM BE.
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LA GUAROIA"S JUST A FEW HOUf'S AWAY, I'M IN THE PROP JET BOUNO FOR A DENIIER caNNECltON. AND
WE'''E JUST ABOIIE THE CONT'NENTAL DIVIDE_WHERE THERE'S ALWAYS THAT SUDDEN RUSH OF WIND A5
YOU PASS OVER THE 5UMM'T. BUT TODA" IT FEELS LIKE MORE THANeRO!>S CURRENTS. IT'S AN INVISIBLE
H"NDTl-V,TWANTSTOPUSH"'EBACOKTOASPENANOTHEElRANO.
1 TELL MYSELF I WON"T ....55 "LL THE FREsH. SCRUBBED FACES. T.."T I"VE HAD E",OUGH OF THE
ANGST,8UTTHE TRUTH '5, I DON'T
WANTTOl-EAIIE_
ASPEN'S A TOWN WITH NO HUM'OITY. AND THE Cl.-OSESr
THING TO RUSH HOUR IS A CONSORT OF ""T"K5 OR
C"OSS_C:OUNTRYSK"ERS,IT'SONEPARTINTERNAT'ONAL
PLAYGROUND, AND oNE ,...."r...OuNTAINTOWN-WHERE
THE DA'.." NEWS "AS THE \-OO'L SOFTB"LL SCORES
(INTEGRITY PLU..BINGWASONA WINNINGSTRE...KL...ST
TERISABIGSTORV.
SURE.)"LL BE BRING-
INO A SENSE 01' RE-
JUVEN"TION BM;K
WITH ..E(THANKSTO
!lREA"'F"STSIN !lEO
"NO O...,LY SESS-
IONS w,TH THE
8RANO.SPERSONAL
TR",NER). ANO
"
COULOBRING!l"CK
A JAR OF THE
8R"NO'SWI~DHUCK-
LEBERRYJ"'.. BUT
SOMEHOW
KNOW IT
WON.T TASTE THE S.....E
ON THE UPPER EASTSlOE.
BUTI"LLBE!lACK.BACK
FORTHEJOIEDEVIVRE
THAT 'S ASPEN....NOTHE
FRIENDLY
OPULENCE
THAT'sTHEBR"NO,
B"CK FOR THINGS
HAVE
yET TO TRY,
TOO, HORSEB"'CK RmES
"NO H"'NG GLIDING,
WINTERSKOL THE FIL.. FESTIY"L AND FALLCO~OR JEEP TOURS,
""W"C-"TOot.Y""."'~N--.,""'n-"".'.'~'.
.L"....OV"-",.cx..U
TRAVELERS HAVE VENTUREO INTO THIS V"'LLET FOR CENTUFIfES IN SEARCH OF ONE WEALTH oR ANOTHER.
FIRST. IT W"'S THE UTE INDIANS. THEN THE p"OSPECTO"5. ANO NOW IT'S PEOPLE LIKE YOU "'NO "E. "EADY
TOMINETHEFORTUNEINTHE..SELVES.
_A GUEST
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A TUESDAY IN FEBRu~RY
(j
WE"VE JUST SHT~EO 'NTO OUR SUITE "NO A~"EADY, THE HOME F'REs ARE BUIINING, SOMEONE MERE ....AD
THE FORESIGHT TO SEE r......r A FEW GLOW'NG EMBERS WERE JUST WHAT WE NEEDED To WELCOME US
"..CO< TO THE aRANO, Two INCHES OF POWDER ""E EXPECTED OVERNIGHT, AND THE ',.em""........"LE
ASRENSLJNW'LLaEOUT,o,LLDAY,
IT LOO"5 LI"E A FEw EDITIONS "AYE !lEEN ADDEO TO THE !looKSHELVE". THE F'REPL"CE COULDN'T BE
MORE INVITING. So FO.. NOW, I'Ll. SI"'''LY COZY UP IN A SUMPTUOUS e....,,, FO" SOME EOW'CAnoN ABOUT
ASPEN
CHAPTER ONE. IN 1879. THE ONLY PEOPLE IN n<E VALLEy WERE THE; UTE IN"'''N5. BUT
,
,
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TH"T WINTER. THE ...,NERS CAME OVER INDEPENDENCE ""'55 "RO" LE.o,OV'LLE, COL-
ORA 00. THERE. AMONG THE UNTAPPED ,",eRES, THEy FOUND ~URE SILVER LViNG
RIGHT ON THE GROUND. AND A5~EN CA"'E ~'C~ING AND SCRE"'''''NG iNTO A"'E"I-
CAN ><ISTO"Y WIT><'" PICK A)(,PAN "'NO LANTERN.
ONE YEAR LAT"R, JE"0"'''8,W><EEL''''_THE QUIN-
TESSENTIAL CAPiTALiST RODE INTO TOWN. HIS
""'-'-"'''''.f'''"T"',.",,,,,,,
HARLEY HI"'_
'NTEREST W"'5 THE ""NE5. aUT HIS '''CHES WENT
ON TO BUILD WHEELER O~ER'" HOUSE AND THE
ST"'LLAFW"''''NSION.
SELF WOULD
G'VEYOU THE
2 SA"'E SYNO~_,
,
SIS,WIT>< SPE.'
CI"L E"'PH""!
,
515 ON THE'
BR"NO.
CONSTRUCTiON OF THE TWO'STORY
BR"NoBUILoINGaEGANIN,a9'ON
THE CORNER OF HOPKINS AND
GALEN" STREETS, JUST "'5 ASPEN
W"SRE"CHINGIT5PEAK
DAVID H, HYMAN HAl) T><E BRANO MADE OF N"TNE ~
PEACHBLOW S"NOSTONE. AND WAY BACK WHEN, IT i
,
PLAVEOANI"'PORTANTROLEiNTHE..ECONCIL'ATfONj
BETWEEN TWOGRE"'T ""NING F"'MILIES.ON THEONE
'"'''''''''"'AlLH
5'OE-THE HYM"'NS. OWNERS OF THE SMUGGLE" MmlNG COMPANY.ON THE OTHER S'oE-THECOWEN_
HOVENS ANl) D.R.C. 8ROWN.W><0 OWNED 5P.... CONSOUDATEO MINING AND THE F'RST NAT'ONAL 8"NK
THE BROWNS AND THE HYMANS HAD BEEN FIGHTING TOOTH AND NAIL FOR YE"RS. BuT THEY FINALLY
OECIOEO TO COEXIST (FO" THE Gooo 0" ASPEN). ""'10 MADE THE BR"'NO HEAOQU..RTERS FOR
90TH THEI", OFFICES.
SO-IT 'SN'T JUST P",OPR'ET"'",Y PRIDE WHEN HARLEY TELLS H'S GUESTS TH"'T THE "'OST PIVOTAL
EPISODES IN ASPEN'S HISTO"," ARE TIED TO THE BRAND. IT "EALLY WAS THE HuB OF TOWN-THEN. AS 'T
'SNOW
ABOUT TH'S T'ME, THE LARGEST S'LVE" NUGGET EVE" FOUNO-ANYWHERE_CAME OuT OP SMUGGLER
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THE BRAND
W~EN PEOP~E "5~ ME ABouT ASPEN. I UU r~E'" IT'S ,,~~ ABOuT (;>OINO T"'''G5 YOU'VE
NHER OONE ~EFORE. THE~E-S" SENSE OF FREEOO... HEPE m EXP~O"E uNLI",nO "vn<UES
O' THOUGHT, EXPERIENCE. M<D P><YS'CAL CHALLENGE, Ev.~y S."SON ,NTRODUCES"
W~..l TH O~ OM"NG "NO SATlsn'NG AcnV'TIE5 m TRY.
......O"G A SELECT GROUP o~ ~R'ENDS, T"EI<E'~ SOMET"'"G ELSE ABOUT AsPEN-" SUY AT
THE BRA"" BtJILOING. eo"'"Y CO"FUSE uS W'T~ "HOTEL o~ "N 'NN, THONK o~ T". BRAND",5
YOUP OWN HO"'. 'N AsH... OURS IS "" "nWSp><EPE OF E~'G"NT """NDANCE. ...,.,OE TO
..."KE YOU fEH WELCO"'E, W"RM, "NO THO"OuG"'LY upLIFTED wHOLE YOU'RE HERE.
BUT8E FOPEW...RNOO-YOUR DiSCOVERY OFTHES....NO...,.,V u:..OTO A CERT""N ".NSEOF
SELFIS"'NE6S- 00 rOU TELL onlERS "BOUT n' O~ DO YOl> ~EEP nu P~ACE YOU" OWN
J""LOUS!.V ""uRDE" sEcRET? A ~EDON'ST'S O'LE"'M", TO S~ "U"E. SuT "S j ~"G~ TH"OUGH
OURGUESTIIOO".'T'S...P~"..ENTT><"TT...EW"..OISSP"HD'NG.F"o...PHMeE"C><TO
MAN~"TTA"', AN"8ESTO S"N FRANC,sco,
IT'S "N 'NT'MA~~ NnW""" OF PEOPLE_T><E "'NO W><" .."~N-T E"S'LV WON OVER. BUT ONC~
THn K"OW THE B..^",o, n<n KHP Co"'''G B^C"_ SOME ....~ [lR"WN IIV T><E LuRE OF
S~END'NG'" WEH_O" TWO. OR T.....H_'N PHPETU"1. MOTION QTHE~S "TTENO TO "'O"E
SYBARmc PLUSURES IGoo,v... DELIvERS TO yOUR DOO..l. YOU C"N ENJOV WIDE S~"':ES OF
UNSTRUCTU"EOT''''E.O",SC><EOULEW''LL-Ta.WALLEV''NTS, ~RO'" FWEGLO",aUS ><eU..S ON
THE...ouNTA'N,^N ",OU"O'PE"SO""LTR"""'''G 'N OUR OW.. GV....D'N..ER "TEICHT.M-m^
"ACUlZ'aE'O"EVOUTU"N'NI..I.LO"WHIC"'W~'LL..."PP'LV""""NGE...H."OOFT'M.l,
"'FTER"WEEKHTHESR"'''O,VOURF'''ENOSWILLINV'''''^BLVTELLVOU-VOU LOOK TEN
VE""SYOUNGE""NOTEN >'OUNO~LlGHTE", SOME PEOPLE JUST COME TO UKE T><E w.,CHT
D~ TH~ WO"LO OF" TH€'R SHOULO."S, aUT NO "UTE" WH"T YOU'RE ^~TER, OU"S ,S THE
"OSTENV'''BLESUT''''G~O''^CH'EV'NGI~_
.
1"'[lULG~ vaURSELF1N"SnLETOW...'CH VOUSHOUI.O "ECOME "C;CUSTOMEO SNUGGLE ,NTO
" SUtTE "s F>O",,,"'T'C ,," ... "OONLlT s"ow~"LL. IT'S "LL AS E'~ORTL.SS AS " "uN DOW"
,.
.
THE MOUNTA'N WITH THE SUN SH'MM~"'NG O~~ THE ~OWOO:~ "'''0 THE W'No...T YOUR B"CK_
I
Qu" ~R'ENOS "RE PEoPLE O~ wE"LT.... POWER, A..o CELE"",n, SU~ ~IRST ."0 FOREMosT.
THn'''E JUST THAT-oU" FR'ENDS. ANO w~EN THEy'''E "T T"'E S"...O, THn'R~ M"RE T><""
w'LLING TO T.KE aF~ TH.,R "OO~" .NO ST"" "'WH'L~. THEY ~"OW. "NO YOU s~ouLO
TOO_THER.'SNONEOornEVE..THANKUS.JUST.N.JOVTHES.."NO.SWE<X>.
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MOUNTA'N, AND WAS STORED IN ONE OF THE VAST SAFES PN THE 8....."0, IT WAS "'ELTED DOWN TO MAKE
THE SILVE" QUEEN STATUE_ALL 2.400 "OUNDS. A SYMaOL OF rME ONCE '......UT"BLE RATIO OF THE
VALUE OF SILVER ro GOLD ASPEN SENT THE S'LVER OUEEN To THE CHJCAOO EXO>OSlr'ON FOR OISPL"Y IN
1693,
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NOW HER NAMESA~E IS ONE OF S,,, SUITES IN THE SRANO AND ON THE SOUTHEAST S'OE OF T><E
eRANOBurLD'NG, THERE'S A P"'NTEO MURAL rOREMEMBER HER IlY-ANO THE H'STORY SHE RE PRESENTS
.
.
NO ONE """LLV KNOWS WH"r BEC"'ME OF THE RE"L S''-VE'' QUEEN STATUE, BUT 'T's JUST AS WELL SHE
W"SN'T "ROUND TO SEE THE SILVER PANIC OF 1893. WHEN THE U.S,Gov-
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ERNMENT W'THOREW tTS SUPPORT FOR rHE "RICE OF SILVER. THAT. AND
THE ELECTION OFMcK'NLEY IN'S6,l"'OUGHT THECU'H"'", OOWN ON ASPEN
,
:EVEN MR. WHEELER ~ILEDFO" B"'NKRUPTCY,lTHE8RDWNS "'ND THE HYM"NS
0'0 JUST FINE),
'CH"PTER Two, SKIP "Non"ER ~O YE""S, WHEN W"LTER AND ELIZABETH
PAEPCKECA"ETOAsPEN FROMCH'CAGO ITWASWALTER
WHO HAD A Y'SION OF ASPEN "S "'N 'NTELLECTUAL
MECCA,THEENTU'E
COUNTRYWASINTHE
TH"OES OF A NEW
ECONOMy ANO BUS-
'NESS PEOPLE. HE
~ELT,
NEEDED
.
,
PLACE OUTSIDE THE
BOAROROOMTOE"_
PLORE
DIFFERENT
AYENUES OF ART. PH'LOSOPHY ANll CULTURE,
THISWASTHEGERM OF THE roEA FOR THE ASPEN
INSTITUTE ANllTHE ASPEN MUSICFESTJYAL,
BUT TH"T WASN'T HIS ONLY V'SION, INSTEAD
OF "'LVER, HE SAW WHITE GOLD-INCHES OF IT
""U"'."'-'>c-,",=<
FALLING OYERNIGHT, FOR WALTER P-'EPCKE,
THE NEW ATTRACTION 'N ASPEN WASN'T 'NSI"E THE MOUNTAINS IT W"S ON TOp OF
THEM HE WAs ONEOFTHE FIRST INVESTORS IN THE ASPEN SKIING CORPORATION,
PUTT'NGASPENINTHEH'STORYBOOKSAOAIN.
THERE IS. By THE WAT, A CHAPTE" ON THE 8"ANO IN THE 6O's, Too A RENNAISSANCE OF 50"TS_WHEN
LICHTENSTEIN ANOWARHOL BOTH HAD STUDIOS HERE.IL'KET"E "E"ToF us, THEY FOUND INSP'RATION
IN THE MOUNTAIN A'''J
FO" W"AT WAS ONCE" ""NING TOWN, ASPEN HAS O"OWN COMFO"TABLE WITH AN AMAZ'NG DEGREE OF
SOPH'STIC"TION. IF YOU LEFT YOUR PE"R S"PPH'RE NECKLACE BEHIND. THE"E'S" JEWELER_JUST
!lOWNST"'RS IN THE BR""D WITH A COPy OF THE ORIO'N"L, ALSO IN THE 8R"ND-MO"E THAN ONE PLACE
TO F'LL-I"'-THE-BLANKS OF A WA"""OBE. AND THE PIONEE" PALATE'S ON THE SA"'E WAYELENGTH NOW
AS ANy FOUR-STA" ..ETROPOLIS_YOU EVEN HAYE A PRIVATE ENT"ANCE FI'K)M THE 8""NO'S 5'" SU1TES
TOTHESMUGGLERREST"U""'NT(ROOMSERVICE.'FYOUP"EFER),
THE HISTo"y LESSON'S OYE", AND IT DAWNs ON"E THIS INSTANT: IF ANYTH'NG's TRULY '''''''UTABLE IN
THIS TOWN OF .....NY GH"NGES. IT'S THE PEACH'UL GOE~ISTENCE OF THE PRESENT Wm.t THE P"'ST,
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A SUNDAY IN JULY
f)
"
EVE"Y ERA. "''"5 ns ADVi'NTURERS. AND ONE PLACE THEY'''E "LWA.YS DRAWN TO. THAT PLACE IS ASPEN,
AT THE BRAND. n.. IN THE MIDDI-.E OF EVERYTHINC HAPpENING HERE TONIGHT, THERE WI'-,- 3E
FIREWORKS OUTSIDE MY BEDROOM WINOOW. TOMORROW. THERE'S B"LLOONlNG. LATE" ON, THE BALLET.
AND THI" y~RY MINUTE I"M IN FRONT OF THE MUSLC TENT ON THE RED MOUNTAIN SIDE OF TOWN. WITH
DONG'OV,",NN1FOFlCO"PANV
THE ANNUAL ASPEN MUS1CFE5T'YA,-BRINGS MORE THAN TWOMONTH50FCH AMBEf> MUSIC,OPERA,JAH
AND SYMPHONIES. I MAV NOT H"VE.COMMITTEDM01,"'n's4THMOIIEMENT TO MEMO"Y. BuT I WON"T FORGET
THE L1n~E THINGS I'VE SEEN_AND HEARD-HERE, LIKE THE SOUND OF SOMEONE PRACTICING viOLIN
THROUGH AN OPEN WINOQW, PEERING INTO THE BAC~SE"T O~... OLD JEEP WAGONEER. PILED HIGH WITH
LOOSE SHEET MUSIC.
.
AT THE CONCERT. SIX PEOPLE SHAR~ A
WE'RE SITT'NG LIKE CATS IN THE SUN_
SHINE. nANKEO BY POTATO SAU,O,
CRACKED CRAB, AND NAPA VALLEY
CHA"DONN"YS. ADO A 360 DEGREE
VIEW OFTHE MOUNTAINS. AND THIS
15 GLORIOUS GLUTTONY FoR ALL
FIVESEN!;ES. WE'RE TASTING EVERY-
THING AND TRADONG ASPEN STORIES
'RECOUNT MY FLRST W'NTER HE"E,
"NO HOWF"" WE'VE "LLCOMESINCE
OUR FIRST COLLECTIVELY QU"K\NG
KNEES "TOP AJAX. IN THE ",,,NY
YE"RS
SINCE.
LEARNEOP"""LLEL
TURNS AND STEM
CHRISTiES FINALLY
LEARNED HOW TO DO
AN AERIAL TURN,
,"0
LEARNED
"souT THE e"AND-
THAT'S WHEN MY LovE AFFAIR WITH THE MOUNTAIN
CREASED TEN FOLD.
THE PEOPLE ATTHE BRAND THINK OF THINGS' NEVER
WOULD~L'KESENDING MY EQUIPMENT "NO CLOT><'NG
'.""""'.0,,,",,,'".0""
AHEAD. THEy'LL STORE IT ALL SEASON_Su"REPTITIOUSLY SLIPPING SK I PANTs AND SWE"TERSINTO DRESS-
ER DRAWERS JUST BEFOREIARRIVE,ANOMY SKIS-LIKE M"G'C_ARETUNEO UP, WAXED "NOSH"RPENED
ITHE aR"ND EVEN H"S THEIR OWN LOCKER AT THE a"SE of THE MOUNTAIN). THEY KNOW WHO TO
CALL FOR" HELICOptER RIDE INTO THE BACX BOWLS. ANO WHERE TO FINO TH~ BEST CHAMP-
AGNE POWDER.' SPENO TwO WEEKS EV~RY WINTER (ANOTHER TWO THROUGHOUT THE YEAR) "TTHE
BRAND. AND I COULD WEAVE THROUGH RUTH IE'S RUN WITH MY EYES CLOSED. MEMORLES? pUTTING
DOWN FRESH TR"CKS ON J"CKPOT. THE EVERGREENS ON EITHER SIDE" BLUR OF COLOR. W"TCHING
THE WORLD CUP RA<;;ES LN MARCH, AND MAKING MY OWN GOOD T'ME ON THE DOWNHILL. WEARING
WINDBURN "5 MyaADGEOFCOUR"GE,
AFTERWARDS? A DRINK ON THE DECK. THE M"SSEUSE "T 6,00, A PERFECT SEGUE TO ASPEN APRES, WHEN
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