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Home My WebLink AboutLanduse Case.EX.100 S Spring St.18-90GOODHEIM/ROSS (AVVNA) Lot A, Block 28, East Aspen Townsi-te I E 0 0 ASPEN/PITKIN PLANNING OFFICE 130 South Galena Street Aspen, Colorado 81611 LAND USE APPLICATION FEES County 00100 — 63711 09009 — 00000 Subdivision/PUD 63712 Special Review 63713 P&Z Review Only 63714 Detailed Review 63715 Final Plat 63716 Special Approval 63717 Specially Assigned City 00100 — 63721 09009 — 00000 Conceptual Application 63722 Preliminary Application 63723 Final Application 63724 Exemption 63725 Rezoning 63726 Conditional Use PLANNING OFFICE SALES 00100 — 63061 09009 — 00000 County Land Use Sales 63062 GMP Sales 63063 Almanac Sales Copy Fees Other Name: lV� i l/ S — Project: i Address: 1224 %. `>>>r. _ Phone: Check No. x-, ! Date: Receipt PJo. P Ors lel/� -F' cn ) ASPEN/PITKIN PLANNING OFFICE • 130 South Galena Street Aspen, Colorado 81611 LAND USE APPLICATION FEES County 00100 — 63711 09009 — 00000 Subdivision/PUD 63712 Special Review 63713 P&Z Review Only 63714 Detailed Review 63715 Final Plat 63716 Special Approval 63717 Specially Assigned City 00100 — 63721 09009 — 00000 Conceptual Application 63722 Preliminary Application 63723 Final Application 63724 Exemption 63725 Rezoning 63726 Conditional Use PLANNING OFFICE SALES 00100 — 63061 09009 — 00000 County Land Use Sales 63062 GMP Sales 63063 Almanac Sales Copy Fees Other Name- '-�� Project: Address: Phone: Check No. Date: Receipt No. P ALPINE APPRAISAL / BERL ESTRTE SYSTEMS sU-4/L-V',y lq e",Iz-c altc tkk -4�& ll� A44-4-- ) v 41 j wq� ((-t- q a'4'td- XJA-U - cc "14-j - 100 SOUTH SPRING • ASPEN, COLORADO 81611 • (303) 925-1558 MEMORANDUM TO: Ron Stock, City Attorney Dan McArthur, City Engineer Jim Reents, Housing Director 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. W (Lv LL— z Cn MAIN STREET SET REBAR W/ PLAS. CAP L. S. 9184 OI CONC. WAL rriC� - FOUND REBAR W/ PLAS. CAP 104.09,1 �luo.oi — SETI O N75'09 I W 30.00 FOUND REBAR W/ PLAS.CAP REBAR W/ PLAS. CAP L. S. 9184 L.S. 12707 RIM EL. 102.4 INV. IN 98.0 O—---------5------------5--- ._..--5---- ---5— - S---- --- S A L L E Y QI IR\/PYM: 97 MORPH 1979 PR IN 0 5 10 20 30 40 50FT. SCALE; I"=10' BASIS OF BEARING' FOUND MONUMENTS AS SHOWN DATUM PLANE: ASSUMED ELEVATION OF 100' ON FIRST FLOOR OF HOUSE SURVEYOR'S- CERIII F_1C_ATE I HEREBY CERTIFY THAT THIS MAP ACCURATELY DEPICTS A SURVEY MADE UNDER MY SUPERVISION ON MARCH 27, 1979 , OF LOT A , BLOCK 28 , EAST ASPEN TOWNSITE, CITY OF ASPEN, COLORADO. ALPINE SURVEYS by AMES F. RESER APR L 2, 1979 / L.S. 9184 RIM EL. 102.92 NV OUT 99.02 NOTICE According to Colorado law you must commence any legal action based uxn any defect in this survey within six years after you first discover such defer'. as event, may any action based upon any defect in this survey be commenccv more than ten years from the date of the certification shown hereon. TITLE: BUILDING -PERMIT SURVEY JOBNO.: 7�9-40 HLrIINt JUKvt T J PO. Box 1730 Aspen ,Colorado 81611 303-925-2688 DRAFTED: 28 MARCH 1979 DMA REVISIONS: GLILN I RUb LOT A BLOCK 28 E.A.T. CITY OF ASPEN,COLORADO SHEET NO., I of CASELOAD SUMMARY SHEET City of Aspen 1. DATE SUBMITTED: 6/5/80 2. APPLICANT: Brian Goodheim, Neil Ross 100 S. Spring, Aspen 3. REPRESENTATIVE: same No. STAFF: Sunny Vann 925-2800 11n nn 4. PROJECT NAME: Goodheim/Ross Subdivision Exemption___ 5. LOCATION: 100 S. Spring (Lot A, Block 28, East Aspen Addition Townsite) 6. TYPE OF APPLICATION: Rezoning P.U.D. Special Review Growth Management HPC 7. REFERRALS: x Attorney x Engineering Dept. x dousing --.----Water City Electric 8. REVIEW REQUIREMENTS: x Subdivision Stream Margin Exception _ 8040 Greenline x Exemption _ View Plane 70:30 Conditional Use Residential Bonus Other Sanitation District School District Fire Marshal Rocky Mtn. Nat. Gas Parks State Highway Dept. Holy Cross Electric Other Mountain Bell ao 9. DISPOSITTIION: / P & Z V Approved A/ Denied Date -,gl4lg o RX &Cr?7bn 44 L � dk e� 8� �• Counci l- VT Approved Denied Date 3 . S� 5(- t�.-du `�. h-i � n i a-r �� /ea 5 C ✓� S�r ��%ZD- Z YGGO-Y-deco J I . 10. ROUTING: Attorney _ Building _Engineering Other 0 MEMORANDUM TO: Aspen City Council FROM: Jolene Vrchota, Planning Office RE: Goodheim/Ross Subdivision Exception DATE: August 18, 1980 APPROVED AS TO FORM: Location: Lo Block 28 ast Aspen Townsite Addition ( 0 S. Spring t.) Zoning: 0-Office (6,000 square foot minimum lot size) Background: 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. Current Application: 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). Engineering The Engineering Department requested and received an Comments: 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. Housing Director's "The only interest the housing office has in this appli- Comments: cation is to note that this employee dwelling unit was constructed in the "O"-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.) Attorney's Comments: 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.) Planning Office The Planning Office recommends approval subject to the Recommendation: applicant meeting the conditions of the Engineering Dept. P & Z Recommendation: 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. Suggested City Council' Motion: Move approval of final plat for condominiumization of an office building with one employee and 4 office units,�t Aspen Townsite Addition, (known as the Goodheim/Ross building) subject to approval by the Engineering Depart- ment and recordation of a condominium plat, o k_,� S i tic - k,, o K 4- n� • n,-, v H-.. )-I a 5 e re s fe-, c ri o,-._. i f Y • BRIAN L. GOODHEIM, M.BA., R.M. REALTOR, APPRAISER (303) 925-1558 GOODHEIM AND ROSS REAL ESTATE SERVICES 100 SOUTH SPRING STREET ASPEN, COLORADO 81611 July 21, 1980 Planning Mr. Jim Jim Reents, Housing Office Mr. Ron Stock, City Attorney 130 South Galena Aspen, Colorado 81611. 1 0 � •,3 NEIL ROSS REALTOR, INSURANCE BROKER (303)925-2800 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: nS. 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. �) The total square footage is 438 square feet for the PM11 moderate unit. Thank you again for the continued assistance of your office, the planning office, and the city attorney's office. Should '.1r you need fruther information before the August 5th meeting with the Planning and zoning Commission, please let me know. �Y ordial y yours, J.t� f •?? NR•jm Neil Ross ;n` • GOODHEIM AND ROSS • REAL ESTATE SERVICES 100 SOUTH SPRING STREET ASPEN, COLORADO 81611 BRIAN L. GOODHEIM,M.B.A., R.M. REALTOR, APPRAISER (303) 925-1558 June 3, 1980 City of Aspen Planning & Zoning Commission City Council 130 South Galena Street Aspen, Colorado 81611 NEIL ROSS REALTOR, INSURANCE BROKER (303) 925-2800 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 3,9T 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, i Brian L. Go encl BLG:sm heim Neil Ross W •SS Ye • ',. i i . .elf+ rtz GOQDHEIM AND ROSS (covenantor), for themselves, their heirs, 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:'`' "I Unit #4, Lot A, Block 28, East Aspen Addition Townsite, Y > 100 South Spring Street, Aspen, Pitkin, Colorado 81611 TEL , K.. ` 2. The above -described property shall be restricted to six (6) month minimum leases with no more than - two (2) shorter ti':�''�:• ' tenancies in any calendar year. 3. The above -described property shall be restricted to . .'fir +R-• rental and sale price terms within housing price guidelines for a 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, r, i 4. The above -described property shall be. restricted to occupancy limitations within Housing Income -Eligibility Guidelines;x,tt, r, + as the same may be amended from time to time by the City Council `4::,• 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 -� �a the record owners of the property and the Mayor of the City of v ,. Aspen pursuant to a vote taken by the City Council. 6. The covenants contained herein are to run with the. ' land and shall be binding on all parties and all persons claiming t+x% under them for a period of fifty (50) years from the date these r a covenants are recorded, after which time, the covenant contained 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 '. 10 ,y 4 ` f ks :Y�", r �, r 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 _Ikt�aay of 19. STATE OF COLORADO ) i ) ss. County of Pitkin ) .I. +D.. .t111fd'��.1•f The foregoing instrument was acknowledged before me this ki V day of 19 by r� 6, 9i .^ Witness my1 hand and official seal. My commission expires: �—/�—�� VA k ; 41 Notary Public STATE OF COLORADO ss. " Z County of Pitkin ) 1 �'^_I" The foregoing instrument was acknowledged before me this'. O day of 19 by e .`' tf - -Witness my hand and official seal. My commission expires: 7 Notary Public a" E _2 _. y� , • c� t 0 u MEMORANDUM TO: Aspen Planning and Zoning Commission FROM: Jolene Vrchota, Planning Office RE: Goodheim/Ross Subdivision Exception DATE: July 28, 1980 Location: Lot A, Block 28, East Aspen Townsite Addition (100 S. Spring Street) Zoning: 0-Office (6,000 square foot minimum lot size) Background: 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. Current Application: 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 (438square feet). Engineering Comments: 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. Housing Director's Comments: "The only interest the housing office has in this appli- cation is to note that this employee dwelling unit was constructed in the "O"-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 occu- pant of this unit." Attorney's Comments: 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.) Planning Office Recommendation: The Planning Office recommends approval subject to the applicant meeting the conditions of the Engineering Department. • TO: Sunny Vann FROM: Jim Reentslr DATE: July 16, 1930 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 MEMORANDUM TO: Sunny Vann, Planning Office FROM: Jay Hammond, Engineering Office At-5 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. • • MEMORANDUM TO: Sunny Vann, Planning Office FROM: Jay Hammond, Engineering Office DATE: June 26, 1980 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. • • �t � OP TO: Sunny Vann FROM: Jim Reents .,JUk- 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 0 130 south batena street aspen, coiorado 81611 MEMORANDUM DATE: May 23, 1980 TO: Clayton Myr-ing- FROM: Ron Stdck 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 constructed on a non -conforming 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 my opinion that equitable estoppel would apply to the various reconuaendations given by inein- 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 memo I will inclusion in vour file of a m6 list of events which justifies trine of equitable estoppel. RWS:mc cc: Jim Reents 91Z Jim R to deliver to you f^r / abli hing the full factual he appl' ation of the legal doc- A0 rl 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. ................ - 7 rip R -..- ---.r, Y• GOODHEIM AND ROSS REAL ESTATE SERVICES 100SOUTH SPRING STREET ASPEN, COLORADO 81611 BRIAN L. GOODHEIM,M.B.A., R.M. REALTOR, APPRAISER (303)925-1558 June 3, 1980 City of Aspen Planning & Zoning Commission City Council 130 South Galena Street Aspen, Colorado 81611 NEIL ROSS REALTOR, INSURANCE BROKER (303) 925-2800 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, i Brian L. Go encl BLG:sm heim ; It, 9a - Neil Ross