HomeMy WebLinkAboutLanduse Case.EX.100 S Spring St.18-90
No. 18~80
CASELOAD SUMMARY SHEET
City of Aspen
1. DATE SUBr1ITTED: 6/5/80
STAFF: Sunny Vann
2. APPLICANT: Brian Goodheim, Neil Ross
100 S. Spring, Aspen
3. REPRESENTATIVE: same
925~2800
4. PROJECT NAME: Goodheim/Ross Subdivision Exemption
5. LOCATION: 100 S. Spring (Lot A, Block 28, East Aspen Addition Townsite)
6. TYPE OF APPLICATION:
HPC
Res i dent i a 1 Bonus
_____Stream Margin
8040 Greenline
View Plane
Cond it i ana 1 Use
Other
__Rezoning
P.U.D.
x Subdivision
Exception
x Exemption
70:30
Special Review
____Gro\'Jth Management
7. REFERRALS:
Parks
School District
__Rocky Mtn. Nat. Gas
State Highway Dept.
~\ttorney
_~_Engi neeri ng
---1Lllousing
\,a ter
City Electric
Sanitation District
Fire Marshal
Dept.
Holy Cross Electric
Mountain Bell
Other
8. REVIEl.J REQUIm!ENTS:_-.L~1r;h~ (f'.J -i') _
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9. DISPOSITION:
P & z ./ Approved -/ Denied_-:-_ Date ~/fB 0
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Council V , Approved~ Denied Date_4J-.QBo
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10. ROUTING:
X_Attorney
______Building
X Enginooring
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ME~lORANDUM
TO: Aspen City Council
FROM: Jolene Vrchota, Planning Office
RE: Goodheim/Ross Subdivision Exception
DATE: August I8, 1980~,01
APPROVED AS TO FORM: iJ:I~
Location:
Zoning:
Background:
Current Application:
Engineering
Comments:
Housing Director's
Comments:
Attorney's Comments:
Planning Office
Recommendation:
P & Z Recommendation:
Suggested City Council
Motion:
I
ast Aspen Townsite Addition
.)
(6,000 square foot minimum lot size)
The P & Z and City Council previously approved expansion
of legal uses (office space and employee housing) by
expansion of structure on a non-conforming lot (3,000 sq.ft.)
Both the employee housing and FAR bonus have been reviewed
and variances granted.
The application before you is requesting subdivision
exception for condominiumization of the following:
1. Existing office space (528 square feet).
2. Three additional offices (391, 391 and 767 square
feet) .
3. One price~restricted residential studio apartment
(438 square feet).
The Engineering Department requested and received an
updated survey which addresses earlier concerns about
required improvements (including sidewalks and parking).
Along with a site plan, the survey responds to all of
the Engineering Department's issues, except for the
definition of common areas in the building. Approval
recommended.
"The only interest the housing office has in this appli~
cation is to note that this employee dwelling unit was
constructed in the "On-Office District ~- taking advan-
tage of the density bonus. As such, it has been or
should be at the time of C.O., a deed restricted unit (low
income, if my memory serves me); the housing department
would require a review of any potential purchaser and/or
occupant of this unit." (See attached restriction.)
Verbally recommended approval when covenants were filed
restricting the employee unit (Number 4) to moderate
income rental and sale prices. (Filed in Book 392, pages
33~4 on July 18, 1980.)
The Planning Office recommends approval subject to the
applicant meeting the conditions of the Engineering Dept.
At a regular meeting on August 4, 1980, the Aspen P & Z
recommended approval of subdivision exception (such that
conceptual approval by City Council and preliminary plat
approval by P & Z be waived) subject to the condition
that the condominiumization plat showing common areas in
the building be approved by the Engineering Dept. and
recorded after City Council approval.
ki'A
Move approval of final plat for condominiumization Of(~~~ot~
office building with one eQployee and 4 office units, ast
Aspen Townsite Addition, (known as the Goodheim/Ross
building) subject to approval by the Engineering Depart-
ment and recordation of a condominium plat) ;;JJ
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GOODHEIM AND ROSS
:)
R~c/-,L ES1 ATE SERVICES
100 SOUTH SPRING STREF.T
ASPEN,COLORADO 81611
BRIAN L. GOOOHEIM. M.BA.. R.M.
REALTOR, APPRAISE R
(3031 925~ 1558
NEIL ROSS
REALTOR, INSURANCE BROKER
13031925,2800
July 21,
1980
Ctla'::q Offi~
Mr. .Jim Reents, /lousinq Office
Mr. Ron stock, City Attorney
130 South Galena
Aspen, Colorado 81611
RE:
Request for Subdivision Exemption for the Purpose
of Condominiumization
'.
Dear Jim:
Pursuant to our conversations of July 18th and today
I would like to clarify the size of Unit # 4, 100
South Spring Street, Lot A, Block, East Aspen Townsite
Addition, Aspen, Pitkin, Colorado 81611.
If you will refer to the plans submitted to the Planning
Office with our application for Subdivision Exemption you
will note that the measurements are as follows:
.....
1) The depth of the unit (north to south) is 24'
from outside to the middle of the interior
studwall.
2) The width (east to west) is 18.25' outside to
outside.
3 )
The total square footage is 438 square feet for
the PMIl moderate unit.
"
Thank you again for the continued assistance of your office,
the planning office, and the city attorney's office. Should
you need fruther information before the August 5th meeting
with the Planning and Zoning Commission, please let me know.
......
ordld
y yours,
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NR: jm
Neil Ross
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GOODHEIM AND ROSS
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REAL ESTATE SERVICES
100 SOUTH SPRING STREET
ASPEN,COLORADO 81611
BRIAN L. GOODHEIM.M,B.A.. R,M.
REALTOR, APPRAISER
13031925,1558
NEIL ROSS
REAL TOR, INSURANCE BROKER
13031925,2800
June 3, 1980
City of Aspen
Planning & Zoning
City Council
130 South Galena
Aspen, Colorado
Commission
Street
81611
RE: Request for Subdivision Exemption for the Purpose
of Condominiumization
Honorable Commissioners and Councilpersons:
At this time we would like to request subdivision exemption
for the purpose of condominiumization of the Goodheim and
Ross Building which is located at 100 South Spring Street
and is legally described as Lot A, Block 28, East Aspen
Addition Townsite.
This office renovation and addition is currently under
construction and will contain approximately 2800 square
feet (plus or minus) when completed.
This condominiumization request is to create five separate
ownership spaces which includes our existing offices (528
square feet), plus three additional offices (391, 391, and
767 square feet), and a PMH residential studio apartment
(containing ~ square feet).
/1
Please find enclosed with this application the required
$50 review fee and four copies of our existing improvement
survey.
Thank you for your consideration.
Yours very truly,
~(2
Neil Ross
Brian L. Go
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GOODHEIM AND ROSS
(coyenantor) ( for themselves,
their hejrs, executors, administrators, and assigns hereby
covenant with the City of Aspen, Pitkin County, Colorado, that:
1. They are the owners of the following described
property together with the improvements thereon:
Unit #4, Lot A, Block 28, East Aspen Addition Townsite,
100 South Spring Street, Aspen, Pitkin, Colorado 81611
2. The above-described property shall be restricted to
six (6) month minimum leases with no more than, two (2) shorter
tenancies in any calendar year.
3. The above-described property shall be restricted to
rental and sale price terms within housing price guidelines for
the moderate income category as the same may be amended from
time to time by the City Council of the City of Aspen, Colorado
within the provisions of Section 24-10.4 (b) (3) of the Municipal
Code of the City of Aspen, Colorado.
4. The above-described property shall be restricted to
occupancy limitations within Housing Income-Eligibility Guidelines
as the same may be amended from time to time by the City Council
of the City of Aspen, Colorado within the provisions of Section
24-10.4(b) (3) of the Municipal Code of the City of Aspen, Colorado.
5. The covenants contained herein may be changed, modified
or amended by the recording of a written instrument signed by
the record owners of the property and the Mayor of the City of
Aspen pursuant to a vote taken by the City Council.
6. The covenants contained herein are to run w~th the
land and shall be binding on all parties and all persons claiming
under them for a period of fifty (50) years from the date these
covenants are recorded, after which time, the covenant cont~ined in
paragraph two (2) shall be automatically extended for successive
periods of ten (10) years, unless an instrument signed by the record
owners of the property and the Mayor of the City of Aspen pursuant
to a vote taken by the City Council has been recorded which changes
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said covenant, in whole or in part, or which releases the same,
and the covenants contained in paragraphs three (3) and four (4)
shall be released.
IN WITNESS WHEREOF, this Declaration has been duly
executed this
(~ay of
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.STATE OF COLORADO
ss.
'County of pitkin
The foregoing instrument was acknowledged before me this
/ t day of
13/'/~ t. .
~ ' 19 Yl . by
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Witness my hand and official seal.
My commission ex~ire8:
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Notary Public r
STATE OF COLORADO
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County of pitkin
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acknowledged
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was
before me this
'Witness my hand and official seal.
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My. commission expires:
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Notary Public
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M Et.lO RAN DUM
TO: Aspen Planning and Zoning Commission
FROM: Jolene Vrchota, Planning Office
RE: Goodheim/Ross Subdivision Exception
DATE: July 28, 1980
Location:
Zoning:
Background:
Current Application:
Engi neeri ng
Comments:
Housing Director's
Comments:
Attorney's Comments:
Planning Office
Recommendation:
Lot A, Block 28, East Aspen Townsite Addition
(100 S. Spring Street)
O-Office (6,000 square foot minimum lot size)
The P & Z and City Council previously approved
expansion of legal uses (office space and employee
housing) by expansion of a structure on a non-con~
forming lot (3,000 square feet). Both the employee
housing and FAR bonus have been reviewed and variances
granted.
The application before you is requesting subdivision
exception for condomi ni umi zati on of the fo 11 owi ng:
1. Existing office space (528 square feet).
2. Three additional offices (391,391 and 767 square
feet) .
3. One price-restricted residential studio apartment
(438 square feet) .
The Engineering Department requested and received an
updated survey which addresses earlier concerns about
required improvements (including sidewalks and parking).
Along with a site plan, the survey responds to all of
the Engineering Department"s issues, except for the
definition of common areas in the building. Approval
recommended.
"The only interest the housing office has in this appli~
cation is to note that this employee dwelling unit was
constructed in the "On-Office District ~- taking advan-
tage of the density bonus. As such, it has been or should
be at t~e time of C.O., a deed restricted unit (low income,
if my memory serves me); the housing department would
require a review of any potential purchaser and/or occu-
pant of this unit."
Verbally recommended approval when covenants were filed
restricting the employee unit (Number 4) to moderate
income rental and sale prices. (Filed in Book 392, pages
33-34 on July 18, 1980.)
The Planning Office recommends approval subject to the
applicant meeting the conditions of the Engineering
Department.
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TO:
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FROM:
DATE:
Sunny Vann
Jim Reents~ _
July 16, 1980
SUBJECT:
Goodheim Ross Subdivision Exemption
The only interest the housing office has in this application is to
note that this employee dwelling unit was constructed in the "0"
office district - taking advantage of the density bonus. As such,
it has been or should be at the time of CO, a deed restricted unit
(low income, if my memory serves me) the housing department would
require a review of any potential purchaser and/or occupant of this
unit.
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MEMORANDUM
TO: Sunny Vann, Planning Office
FROM: Jay Hammond, Engineering Office ~
DATE: July 1, 1980
RE: Goodheim/Ross Subdivision Exemption, Lot A, Block 28,
East Aspen Townsite
This is an update of my memo of June 26 regarding the Goodheim/
Ross application for subdivision exemption for new construction
now in progress at Spring and Main. As you are aware, the original
application included an old improvement survey that did not show the
structure intended for condominiumization nor did it show a number
of required improvements including sidewalks and parking.
A site plan, approved by the Building Department, has since
been submitted by Welton Anderson which addresses all of the issues
raised in my earlier memo. The only area left vague by the site
plan is the definition of the various common areas in the building,
however this is an issue that should be addressed specifically in
the condominium agreement since the site plan is not a recordable
document.
In view of the issues addressed in the approved site plan,
and in view of the fact that various area and bulk variances have
already been granted, the Engineering Department recommends approval
of the Goodheim/Ross subdivision exemption.
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MEMORANDUM
TO:
Sunny Vann, Planning Office
Jay Hammond, Engineering Office~
June 26, 1980
FROM:
DATE:
RE:
Goodheim/Ross Subdivision Exemption, Lot A, Block 28,
East Aspen Townsite
Having reviewed the above application for exemption from sub-
division, and having made a site inspection, the Engineering De-
partment recommends the following:
1) That the owner/applicant be required to submit a con-
dominium map showing the following:
A) New construction currently in progress.
B) Existing curb and gutter along Main and Spring Streets.
C) Three on-site parking spaces.
D) New 5 foot sidewalk to be constructed by owner/applicant
along both frontages as required by resolution 19 of 1975.
E) Floor plans and cross sections indicating individual con-
dominium units, limited and general common elements (mechanical
rooms, utility service areas, trash facilities, etc.).
2) That the owner/applicant be required to construct a
5 foot sidewalk along the Main and Spring Street frontages incor-
porating a corner handicapped ramp as required by resolution 19
of 1975.
3) The owner/applicant shall provide three on-site parking
spaces as required under section 24-4.5 of the municipal code.
The Engineering Department recommends approval of the Goodheim/
Ross Subdivision Exemption provided the owner/applicant complies
with the above conditions.
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TO:
Sunny Vann
Jim Reents,~
FROM:
DATE:
June 24, 1980
SUBJECT:
AVVNA Building
At Ron's request, I am putting together my recollection of the
chain of events which lead to the approval of the Brian Goodheim,
Neil Ross project at the corner of Spring and Main.
1. The lot was acquired by Goodheim and Ross in 1978.
2. They first proposed expanded office space, owner's condo and
an employee unit.
3. There was the question of non-conformity of the lot (3,000
sq. feet/6,000 required in '0' zone), the use itself was
permitted within the zone.
Dilemma:
Can one expand a legal use on a non-conforming lot?
After much in-house debate, it was agreed that as long as the
improvements to the structure were conforming, it could be expanded
(Karen, Ron, Clayton, Myself).
This project was reviewed by both p&Z and Council to approve both
the employee housing and FAR bonus.
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CITY OF ASPEN
130 south galena street
aspen, colorado 81611
MEMORANDUM
DATE:
May 23, 1980
TO:
Clayton M~rin~-~
Ron St k ~
-----..J
FROM:
RE: The' Construction of an Office Building with Employee Units on
Lot A, Block 28, East Aspen Townsite
The above property is' a non-conforming lot of record: Generally,
our code provides that a single family home, and no other struc-
ture, may be cons tructed on a non-conforJ<ling lot of record. The
existing office building is a non-conforming use. Our code would
not allow the issuance of a building permit to enlarge the same.
However, in reviewing the record regarding this particular site
an' the proposed construction, it is rr~ opinion that equitable
estoppel would apply to the various recor,llLlendations given by mem-
bers of the staff and the approval for construction given by the
Planning and Zoning Commission and the City Council. with the
application of the doctrine of equitable estoppel we should, and I
hereby recommend that we do, issue the building permit requested.
By a copy of this me,no I will
inclusion in your file of a m
list of events which Justifies
trine of equitable estoppel.
Jim R to deliver to you f~r
abli hing the full factual
e appl' ation of the legal doc-
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MEMORANDUM
TO: Ron Stock, City Attorney/
Dan McArthur, City Engineer
FROM: Sunny Vann, Planning Office
RE: Goodheim/Ross Subdivision Exemption
DATE: June 6, 1980
The attached is an application for subdivision exemption submitted by
Brian Goodheim and Neil Ross for their property located at 100 S. Spring.
This item is scheduled to come before the Aspen Planning and Zoning Com~
mission on July 22, 1980. May I please have your written comments con~ .
cerning this application no later than June 27, 1980? Thank you.
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GOODHEIM AND ROSS
REAL ESTATE SERVICES
100 SOUTH SPRING STREET
ASPEN, COLORADO 81611
BRIAN L. GOODHEIM, M,B.A,. R,M,
REALTOR, APPRAISER
13031925,1558
NEIL ROSS
REALTOR, INSURANCE 8ROKER
(303) 925-2800
June 3, 1980
City of Aspen
Planning & Zoning
City Council
130 South Galena
Aspen, Colorado
Commission
Street
81611
RE: Request for Subdivision Exemption for the Purpose
of Condominiumization
Honorable Commissioners and Councilpersons:
At this time we would like to request subdivision exemption
for the purpose of condominiumization of the Goodheim and
Ross Building which is located at 100 South Spring Street
and is legally described as Lot A, Block 28, East Aspen
Addition Townsite.
This office renovation and addition is currently under
construction and will contain approximately 2800 square
feet (plus or minus) when completed.
This condominiumization request is to create five separate
ownership spaces which includes our existing offices (528
square feet), plus three additional offices (391, 391, and
767 square feet), and a PMH residential studio apartment
(containing 391 square feet).
Please find enclosed with this application the required
$50 review fee and four copies of our existing improvement
survey.
Thank you for your consideration.
Yours very truly,
~T2-
Neil Ross
Brian L. Go
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ALPINE APPRAISAL / Ai:flL i:STflH SYSHr:tS
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100 SOUTH SPRING. ASPEN, COLORADO 81611 . (303) 925-1558
MEMORANDUM
TO:
Ro n Stock, City Attorney
Dan McArthur, City Engineer
Jim Reents, Housin9 Director
Sunny Vann, Plannlng Office
Goodheim/Ross Subdivision Exemption
FROM:
RE:
DATE:
June 6, 1980
The attached is an application for subdivision exemption submitted by
Brian Goodheim and Neil Ross for their property located at 100 S. Spring.
This item is scheduled to come before the Aspen Planning and Zoning Com~
mission on July 22, 1980. May I please have your written comments con~
cerning this application no later than June 27, 1980? Thank you.
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