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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') _ r~~ru,~,<d)~ r>Jd (CJ G()~lL ------ ------~--~----- ,-, ,~"/ - ,.,.,J' 9. 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ROUTING: X_Attorney ______Building X Enginooring Other -- r""" '".".~ 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 ""5i't.. _~()~+h }'M.( "1-1 v.....ViA-t, lease y-.esfv, CT">ch-,....-_ -,,,", / {v c:: 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, } NR: jm Neil Ross ,. .' " '" 'J' 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 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 encl BLG:sm ~ ! c;:s: ~)"*: 2-25'i-'~ (~ 3cr 2- (JJVEtIAI'l'l'S p~~ 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 " 7Y ~ \ .' ;~ .' I," cl/ '1 ,1. " '. , ~; ]0.\, ,,, '....... :) 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 (4 , 19 ~. w .STATE OF COLORADO ss. 'County of pitkin The foregoing instrument was acknowledged before me this / t day of 13/'/~ t. . ~ ' 19 Yl . by t-- h!> eL/' ~' ,..., Witness my hand and official seal. My commission ex~ire8: ~ - I '-1- tf....3 ~bz.~ ~ " " \ . \ i' 1, l. ,- . , . Notary Public r STATE OF COLORADO ss. County of pitkin J t ~.'MB."' - acknowledged 19 f'a ,by was before me this 'Witness my hand and official seal. .;J-/tj-JT3 My. commission expires: ~~ Notary Public &-~ -2- , ,', .' ~ , ~r "I; ,,!. :",; ~, ;; ~ t:~ ,.t .~~ l.." i^; , " I" ~ ,< '~., ~ jt,": ".fl~ ~' ~~. i ""i. IF. ~.~ . /") ..{,......... rjJ ~fl Ie' ,K -- - '..... -...I 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. II '''.... -"'''' """e,"", "-" TO: (' 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. JR:ds 1-", "" .,<<""',,- '",." ..,' 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. , L\ , -,..... , ,,~..... 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. I I i!i bD7T~-!~ , , I' 4dQ- UvX f; ~; f), 42/rt X 37/ rf'2 /fc1z2-}~, ,/VLoJ: f, :;sj cf Y ?/( / P ~ 1 ;2J5; ~s/K.-~, )-1./ij /:lc6/rf x 31/# -~20:).g8 , i. I, !! I cSI2- -- J0/1;/9'7;7 !fl~Jv-~., t., 5'~'",I, c.."../IJ.), /'~," (;,., - "0-1'1 L-/.., t':>'C.LJ' J" J' I -ft, ", t e::l ~J' c(I't< "'?{: ~.:.;;c. ) L,Q._ ,"'" te .' " d,Ji__i7 '...~ P .1 1 ."'___::.:,.? . 7!/ f' -- /.. , v ..._ /' --"L. f -fi!'-y ,'::;., ,! u.::Z/ ') ii I (;, / /! ~! ~.d-t~<t_- -"/ / () - J?! ,~'" -"-...~_'r ,j ~ .. , /lk?C-/' ..., ,', ,c , ,', f' " '" L" .' " ,', ( '.,,'" ," , .....', " " , ), /, . , J f- 'C!1+vr i ey I t 5V zf -7> ,', ~ S~:r~ C~A~1 crv--e.t-..?J;: , . i i :, Ii i ,i ii' II' , , 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. ?JR:ds --1___....../..,.._+_.><>._ " .......,/ ""' '- 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- RWS:mc '-7 .ryflr f/}' cc: Jim Reents .4<'~""'_"~"_~_ -- '- -., -1 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. -/u I ! ,.,.... # ", ...<' , # 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 encl BLG:sm i.....---"-,.._-_..._~ ALPINE APPRAISAL / Ai:flL i:STflH SYSHr:tS SUAA'1Aj - l-IeJU2. WlL (~ ~ P-~ ) ~4 ~5} ew-J .eIM.J- aJ l &-uJ YlTU ../'U ~ + eo( .(a-t 4 /JtnJ~ JI /lm;s I.;tJd4. J/ j nf'1 ~ OJ M kip) ~D-it c~ a.;t q~') I\"( <6' . -~ ~gW <YV~ fv(~ 7<::>. ~ky~ ~ ~ ~~~\~ +0 'i~ s.-+~S a:::e- ~ 1u-V- ~1 e tt.l + ~s JL~ ~~ 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. 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