HomeMy WebLinkAboutlanduse case.gm.110 W Main St.1987-GM1
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MEMORANDUM
TO:
Aspen City Council
Glenn Horn, Assistant Planning Director ~
FROM:
RE:
Extension of Hotel Aspen Lodge Growth Management Quota
System Allocation
DATE:
May 26,1987
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summary and Recommendation
Gideon KaUfman, the representative of the Hotel Aspen (formerly
the Nugget), has requested an extension for the Hotel Aspen's
1984 lodge Growth Management Quota System (GMQS) allocation of 13
free market units and one employee unit in accordance with
section 24-11. 7 of the Aspen Municipal code. Lodge GMQS app-
rovals expire thirty-three months subsequent to the deadline for
submission of the application in the event that a building permit
is not obtained. The Hotel Aspen's allocation will expire on
June 1, 1987 unless an extension is granted.
The Planning Office recommends that City council grant the
applicant an extension of the lodge GMQS approval for 180 days
because the extension is in the best interests of the community.
Problem Discussion
Section 24-11.7 of the Municipal Code addresses rescinded and
expired permits. The code stipulates that GMQS allotments will
be rescinded if a building permit is not obtained within 33
months of the original GMQS submission. However, section 24-11.7
(a) (4) of the code establishes the following criteria for the
extension of the GMQS allotment for a period of up to l80 days.
"City council may grant an extension of these deadlines on a
showing of diligence and good cause by the applicant, and
based on a finding that said extension is in the best
,interests of the community, which action shall be within the
sole discretion of city Council, provided that such extensi-
on has been requested prior to the end of that deadline
period and may be granted for a period not to exceed one
hundred eighty (180) days."
The City of Aspen has established an objective of improving the
quality and diversity of lodging in the city. In order to help
achieve this objective, most small lodges in the city were
rezoned to L-3 and a 10 unit quota for the zone was established.
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In our opinion, rescinding the Hotel Aspen's approval for
additional lodge rooms would not help to improve the quality and
diversity of lodging in the city of Aspen. Therefore, the Staff
considers it to be in the best interest of the community to grant
a GMQS extension.
Based upon the May 5, 1987 letter form Gideon Kaufman to Alan
Richman (see attachment 1), it appears that the applicant has
diligently sought to acquire financing to construct the addition
to the Hotel Aspen. However, in the past year, it has become
very difficult to obtain financing for lodge condominiums due to
the lending policy changes by institutional lenders. The
applicant indicates that he is continuing to pursue financing and
hopes to secure adequate financing in the future.
Alternatives
The following alternatives are offered for city council consider-
ation:
1. Deny the applicant's request for an extension and rescind
the approval.
2. Approve the applicant's request for a 180 day extension
for the lodge GMQS approval.
3. Extend the lodge GMQS approval, but for a period of time
less than 180 days.
Recommendation
The Planning Office recommends that the city council grant the
Hotel Aspen a 180 day extension for their lodge GMQS allotment
because the applicant has shown substantial compliance with
section 24-11.7 of the Municipal code.
If City council concurs with the Staff recommendation the
appropriate motion is:
"I move to grant the Hotel Aspen an extension of their lodge
GMQS allotment for 180 days until December 1, 1987."
city Manager Recommendation
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Record~ arJ' ~ "CIO"1( t:., ~ - 2-1- ffj
Reception No 3ltr:E-
SILVIA DAVIS PITKIN COUNTY RECORDER V
SECOND AMENDMENT TO CONDOMINIUM DECLARATION FOR
HOTEL ASPEN. A CONDOMINIUM
BOOK
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5aJ PAGE457
WHEREAS, on February 28, 1985, a Condominium Declaration
for the Hotel Aspen was recorded in Book 482 at Page 43 of the
records of the Pitkin County Clerk and Recorder, Pitkin County,
Colorado; , and
WHEREAS, on March 1, 1985, an Amendment to Condominium
Declaration for the Hotel Aspen was recorded to correct a
typographical error in paragraph 41.d.; and
WHEREAS, pursuant to a GMP allocation in 1984, and
pursuant to the Condominium Declaration paragraph 41, allowing
for expansion of the project, Hotel Aspen has been expanded to
include thirteen (13) additional free-market units, and one (1)
additional employee unit,
NOW, THEREFORE, Declarant, pursuant to paragraph 41 of the
Condominium Declaration, and Declarant's reservation of the
right to expand the condominum project, hereby amends Exhibits
"1" and "2" of the Condominium Declaration relating to the
percentage interest in common elements, obligation to pay
common expenses and voting interests, as set forth in attached
Exhibits "1" and "2" at'tached hereto. Declarant does hereby
publish and declare that the improvements being added pursuant
to this Second Amendment are hereby submitted and dedicated to
condominium use and ownership, as set forth herein and in the
original Condominium Declaration. '
In all other respects, said Condominium Declaration shall
remain in full force and effect.
IN WITNESS WHEREOF, Declaran
Second ~ndment to the Condomini
this ~I day of April, 1989.
has duly executed this
m Declaration for Hotel Aspen
By
An
STATE OF MICHIGAN
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COUNTY OF OAKLAND
I~ The foregoing instrument was acknowledged before me this
I day of April, 1989, by Anthony S. Brown as General
Partner of ASPEN HOTEL PARTNERS LIMITED PARTNERSHIP, a Michigan
limited partnership, on behalf of said partnership.
witness my hand and Offici~eal.
My commission expires: ~2Y ~~ '
Notary Publi F-~ ~LE
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BOOK 590 PAGE 458
EXHIBIT "1" Page 1 of 2
TO THE CONDOMINIUM DECLARATION FOR
THE HOTEL ASPEN. A CONDOMINIUM
unit No. Sq. Ft. % Interest in % of Obliqation for
Common Elements Payment of Common Assessments
100 * 407 2.43 *
101 633 3.78 3.95
102 376 2.25 2.34
103 375 2.24 2.34
104 391 2.33 2.44
105 443 2.65 2.77
106 444 2.65 2.77
107 434 2.59 2.71
108 330 1.97 2.06
109 333 1. 99 2.08
110 333 1. 99 2.08
111 333 1.99 2.08
112 369 2.20 2.30
114 376 2.25 2.34
115 289 1. 73 1.81
116 288 1.72 1.80
117 289 1. 73 1.81
118 289 1. 73 1. 81
119 291 1. 74 1. 82
120 289 1. 73 1. 81
121 289 1.73 1. 81
122 289 1. 73 1. 81
201 486 2.91 3.03
202 382 2.28 2.39
203 375 2.24 2.34
204 473 2.83 2.95
205 473 2.83 2.95
206 475 2.84 2.97
207 479 2.86 2.99
208 352 2.10 2.20
209 343 2.05 2.14
210 344 2.06 2.15
211 353 2.11 2.20
215 285 1. 70 1. 78
216 293 1. 75 1. 83
217 294 1. 76 1. 84
218 297 1. 78 1. 86
219 * 311 1.86 *
220 275 1.64 1. 72
221 339 2.03 2.12
222 299 1. 79 1. 87
223 341 2.04 2.13
315 317 1. 90 1.98
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BOOK 590 PAGE459
EXHIBIT "1"
TO THE CONDOMINIUM DECLARATION FOR
THE HOTEL ASPEN. A CONDOMINIUM
Page 2 of 2
Unit No.
Sq. Ft. % Interest in % of Obliqation for
Common Elements Payment of Common Assessments
316 313 1.88 1.96
317 312 1.87 1.95
318 316 1. 89 1. 97
323 311 1. 86 1. 94
TOTALS: 16,728 100% 100%
* Employee unit with no obligation to pay assessments, and no voting
rights.
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BOOK 590 PAGE 460
EXHIBIT "2" Page 1 of 2
TO THE CONDOMINIUM DECLARATION FOR
THE HOTEL ASPEN. A CONDOMINIUM
unit No. Sq. Footaqe Percentaqe of Voting
Interest
100 * 407 *
101 633 3.95
102 376 2.34
103 375 2.34
104 391 2.44
105 443 2.77
106 444 2.77
107 434 2.71
108 330 2.06
109 333 2.08
110 333 2.08
111 333 2.08
112 369 2.30
114 376 2.34
115 289 1.81
116 288 1.80
117 289 1.81
118 289 1. 81
119 291 1. 82
120 289 1. 81
121 289 1.81
122 289 1.81
201 486 3.03
202 382 2.39
203 375 2.34
204 473 2.95
205 473 2.95
206 475 2.97
207 479 2.99
208 352 2.20
209 343 2.14
210 344 2.15
211 353 2.20
215 285 1. 78
216 293 1. 83
217 294 1. 84
218 297 1. 86
219 * 311 *
220 275 1. 72
221 339 2.12
222 299 1.87
223 341 2.13
315 317 1.98
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BOOK 590 PAGE461
EXHIBIT "2"
TO THE CONDOMINIUM DECLARATION FOR
THE HOTEL ASPEN. A CONDOMINIUM
Page 2 of 2
unit No.
Sq. Footaqe
Percentaqe of Votinq
Interest
316 313 1.96
317 312 1. 95
318 316 1. 97
323 311 1. 94
TOTALS: 16,728 100%
* Employee unit with no obligation to pay assessments, and no
voting rights.
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Attachment 1
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LAW OFFICES
GIDEON I. KAUFMAN
A PROFESSIONAL CORPORATION
BOX 10001
315 EAST HYMAN AVENUE, SUITE 305
ASPEN, COLORADO 81611
RICHARD S. LUHMAN
May 5, 1987
TELEPHONE
AREA CODE 303
925-8166
GIDEON I. KAUFMAN
HAND-DELIVERED
Mr. Alan RiChman, Director
Aspen/Pitkin County Planning Office
130 South Galena Street
Aspen, Colorado 81611
Re: Hotel Aspen Lodge GMP Allocation
Dear Alan:
I write this letter pursuant to Section 24-11.7 of the
Aspen Municipal Code to request an extension for the Hotel
Aspen Lodge GMP 1984 allocation which will expire on June 1,
1987. The Code requires that we submit plans to the Building
Department sufficient for the issuance of a building permit
for the project by June 1, 1987, and it is presently
impossible for us to comply with this requirement.
Therefore, we are requesting that the City Council grant an
extension of the deadline. We have been working very hard
for the last year to secure financing necessary to construct
the project. Unfortunately, there have been changes in the
requirements of lenders that have made it very difficult to
finance the construction of a condominiumized lodge. We have
been working with a number of people and are optimistic that
we will be able to get a sophisticated lender who will
finance. The renovation of the Hotel Aspen was constructed
in a first-class fashion, but contemplated recouping the
tremendous cost involved in the renovation by the building
and marketing of the new units.
We hope that the Council will favorably view the first
phase that we have done, and will grant us an extension which
we feel is necessary and deserving. If you have any
additional questions, please feel free to contact me.
Very truly yours,
By
GIDEON I. KAUFMAN,
Corporation
GK/bw
cc: Robert P. Morris