Loading...
HomeMy WebLinkAboutcoa.lu.ex.Hindelang ASPEN/PITKIN PLANNING OFFICE 130 South Galena Street Aspen, Colorado 81611 lAND USE APPLICATION FEES County 00100 - 63711 09009 - 00000 63712 63713 63714 63715 63716 63717 City 00100 - 63721 09009 - 00000 63722 63723 63724 63725 63726 PLANNING OFFICE SALES 00100 - 63061 09009 - 00000 63062 63063 Name: Subdivision/PUD Special Review P&Z Review Only Detailed Review Final Plat Special Approval Specially Assigned Conceptual Application Preliminary Application Final Application Exemption Rezoning Conditional Use County land Use Sales GMP Sales Almanac Sales Copy Fees Other Project: Address: Phone: Check No. Date: Receipt No. P ... 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 .1\, 63725 Rezoning 63726 Conditional Use PLANNING OFFICE SALES 00100 - 63061 09009 - 00000 County land Use Sales 63062 GMP Sales 63063 Almanac Sales Co py Fees Other Name: GidE .< +-flilr Project: <;: ~ J. S n Add ress: Phone: Check No. Date: 0 Receipt No. P -- __ ___ - III _ _ _ f'" MEMORANDUM TO: Sunny Vann, Planning Office FROM: Jay Hammond, Engineering Office ~ DATE: August 5, 1980 RE: Hindelang Exemption Application Having reviewed the above application for subdivision exemption and made a site inspection, the Engineering Department has the following comment: Other than the violations and nonconformities outlined in my memorandum of May 27, 1980, the only further requirement would be provision of an on-site trash facility to accommodate all units. - ... ~"",,~,~~~",'~'~'".- ~.- --.-...----. / , , ;j I,) ,. ~V~G~ ~ --5.~ ?'/-~/..4n'5. Q~~.r: /f6Vr ~~A~/. .. 7~ ;? /. 3-~)./ ~ -{ at:) ~~ / ~5 /. 5/0;7/6 (ZJ f5'"O 5.~ /$3(:5.5>- 4~0 /20 e. //Y.z/1// Q 2' /-~4I. /j/7'S. ~ 7~S''l~/2 ~ 2.. 2-8"J'/-I. @ ~3Z::5s.r:/~~ /)K #~:' 0-(~ -ft" / '" No: 8-80 CASE LOAD SUMMARY SHEET Ci ty of Aspen 1. DATE SUBMITTED: May, 1980 2. APPLICANT: Dan Hinde1ang STAFF: Sunny Vann 3. REPRESENTATIVE: Gideon Kaufman 925-8166 Box lUUUl Aspen 4. PROJECT NAME: 5. LOCATION: Hinde1ang Subdivision Exemption 6. TYPE OF APPLICATION: Rezoning Subdivision ____Stream Margin P.U.D. _Jxcepti on 8040 Greenline -- Special Review ~~Exemption View Plane __Growth Management 70:30 Conditional Use ~-- HPC Residential Bonus Other -.-- 7. REFERRALS: _____Ho 1y CI'OSS Electri c Mountain Bell School District ____Rocky Mtn. Nat. Gas ____State Highway Dept. Oth"r ____Attorney ____Engineering Dept. ____Housing Wa ter City Electric Sanitation District Fire Marshal Parks -~ 8. REVIEW REQUIREMENTS: - ' I' " " " 9. DISPOSITION: P & z Approved___ Denied --.- Date Council Approved Denied Date 10. ROUTING: Attorney Buil di ng Engineering Other ',.". , LAW OFFICES GIDEON I. KAUFMAN BOX 10001 611 WEST MAIN STREET ASPEN. COLORADO 81611 GIDEON I. KAUFMAN DAVID G. EISENSTEIN March 19, 1980 TELEPHONE AREA CODe 303 925-8166 Sunny Vann Planning Office City of Aspen 130 South Galena Aspen, Colorado 81611 Re: Hindelang Condominiumization Dear Sunny, This application is being done in contemplation of a new condominiumization ordinance which does not look to low, moderate and middle income guidelines in deter- mining whether to grant a condominiumization application. This applicant's rental history is strong justification for the new ordinance. When the applicant came before the City Council three (3). years ago with his contemplated project, he agreed to rent the properties long term until the project was condominiumized. True to his word, the applicant has rented these properties at very reasonable rents over the past two and one-half (2-1/2) years to local Aspenites. He has done so at low rents despite the fact that higher rents would have exempted the property from Ordinance 39. As a resident of Aspen aware of the high cost of housing, he created a rental situation beneficial to his tenants but not to his own condominium- ization plans. When the new ordinance is adopted, Dan's rental policies will be justified. He does not plan to sell the project immediately but will be selling some of the units as tax planning warrants. In the interim, he will continue to rent them at the reasonable rents he has been charging in the past. The following is a breakdown of the units sought to be condominiumized: two (2) 500- square-foot one (1) bedrooms, one (1) 1,000-square-foot three (3) hedroom and one (1) studio of 650 square feet, "... ..., ............ , ..., Sunny Vann Harch 19, 1980 Page two two (2) one (1) bedrooms of 750 square feet and two (2) two (2) bedrooms of 1,320 square feet, If there is any additional information you need, please contact me. Very truly yours, ~ [..Lc;--- Gideon Kaufman GK ch MEMORANDUM TO: Aspen Planning and Zoning Commission Aspen City Council FROM: Sunny Vann, Planning Office RE: Hinde1ang Subdivision Exemption Zoning: Location: R/MF, 9, Aspen Townsite (125 West Hyman Street) is the original Mouse House, while is the original Hinde1ang residence. DATE: August 18, 1980 () APPROVED AS TO FORM: ~lIi Lots G and 305 South Aspen Note: 125 W. Hyman 305 S. Aspen Lot Size: 9,000 square feet Rental History: 125 W. Hyman Street 2 I-bedroom apartments @ 748 sq.ft./$412 each 2 2-bedroom apartments @ 1,320 sq.ft./$660 each 305 S. Aspen Street 2 I-bedroom apartments @ 500 sq.ft./$330 and $350 1 3-bedroom apartment @ 1000 sq.ft./$665 1 studio @ 650 sq.ft./$385 All of the above apartments fall outside of the City's low, moderate and middle income housing quide1ines with the exception of the two one-bedroom apartments located at 125 W. Hyman. Engineering Comments: The Engineering Department recommends that should the app1 i cant's request for subdi vi s i on exempti on be granted, the approval should be conditioned upon the provision of an on-site trash facility to accommodate all apartment units. In addition, the owner/applicant's improvement survey should be revised and resubmitted to include the location of the trash facility. Attorney's Comment: Should the applicant's request for subdivison exemption be granted, the approval should be conditioned upon the notice and option provisions and six month minimum lease restrictions of Section 20-22. Housing Director's Comments: The Housing Director recommends that the two one-bedroom units which currently fall within the City's moderate income guidelines be deed restricted for a period of five years at the current rental rate. Planning Office Recommendation: The Planning Office recommends approval of the applicant's request for subdivision exemption subject to: 1. The revision and resubmission of the applicant's improve- ment survey to indicate the location of an on-site trash facil ity. 2. Compliance with the notice and option provisions and the six month minimum lease restrictions of Section 20-22. .. 3. The deed restriction of the two one-bedroom units located at 125 W. Hyman to the current rental rates for a period of 5 years with annual rental increases as allowed by Council. i " P & Z Recommendation: Concurred with Planning Office recommendation at its regular meeting on August 4, 1980. Suggested City Council Motion: Move approval of subdivision exemption for the condo- miniumization of the structures located at 125 West Hyman Street and 305 South Aspen Street (Lots G, H, !, Block 69, Aspen Townsite) subject to: 1. The revision and resubmission of the applicant's improvement survey to indicate the location of an on-site trash facility. 2. Comp1inace with the notice and option provlslons and the six month minimum lease restrictions of Section 20-22 of the Municipal Code. r 3. The deed restriction of the two one-bedroom units located at 125 W. Hyman to the current rental rates for a period of 5 years with annual rental increases as allowed by Council. \ , , /" , Memo: Hinde1ang Subdivision Exemption August 18, 1980 Page Two / ! , APPLICATION FOR EXEMPTION FROM SUBDIVISION REGULATIONS Request is hereby made on behalf of Dan Hindelang (hereinafter referred to as "applicant") under ~20-l9 (a) of the Aspen, Colorado, subdivision regulations for an ,exemption from the definition of the term "subdivision" with respect to real property described as Block 69, Lots G, H and I, Aspen, Colorado, also known as 305 South Aspen Street and 125 East Hyman Street. An exemption in this case would be appropriate. The application involves subdivision of an existing structure. Requiring strict compliance with subdivision regu- :\ I I lations for the subdivision of a lot with an 8 plex on it creates conditions which will deprive the applicant of reason- able use of land. If an exemption is granted, owners of the property will have a common interest in the land; and there will be either a condominium declaration or use and occupancy agreement applicable to the property which will not in any way increase the land use impact of the property. An exemption in this case will not conflict with the intent and purpose of the subdivision regulations which are directed to assist the orderly. efficient and integrated development of the City of Aspen. to ensure the proper distribution of population. to coordinate the need for public services and to encourage well planned subdivisions. , ''\ -'" The granting of this application will not undermine the intent of the subdivision regulations, as it is clearly within the area intended for exemption under S20-l9. The building is already in existence; there will be no change in the density which is presently in line with the prescribed population density for the property. The applicant would appreciate your consideration of this application at your next regular meeting. Dated: Gideon I. Kaufman Attorney for Applicant -2~ I I, I, , I ( Sunny Vann April 10, 1980 Page Two In the event that the proposed ordinance which eliminates low, moderate middle income housing guidelines for condominium conversions is not passed, Mr. Hindelang would be willing to rent restrict the two one-bedroom apartments. If you need any additional information, please feel free to contact me. Very truly yours, -~&- Gideon Kaufman GK kw \1 ,.. LAW OFFICES GIDEON I. KAUFMAN BOX 10001 611 WEST MAIN STREET ASPEN. COLORADO 81611 GIDEON I. KAUFMAN April 10, 1980 TELEPHONE AREA CODE 303 925-8166 DAVID G. EISENSTEIN Sunny Vann Planning Office City of Aspen 130 South Galena Aspen, CO 81611 Re: Hindelang Condominiumization Dear Sunny, Contained herein is the current square footage and monthly rental rates for the Hindelang property. At 305 S. Aspen are two one-bedroom apartments, each containing 500 square feet; one renting for $330 a month and the other for $350 a month. There is one three-bedroom apartment of 1,000 square feet that rents for $665 a month and a studio apartment of 650 square feet that rents for $385 a month. At the building located at 120 E. Hyman, there are two one-bedroom apartments of 748 square feet that rent for $412 each, and two two-bedroom apartments of 1,320 square feet renting for $660 each. Both one-bedrooms of 500 square feet at 305 S. Aspen exceed the maximum low, moderate middle income guidelines of $315 a month. The three-bedroom apartment also exceeds the maximum guidelines for middle income housing. The two two-bedroom apartments 'of-.l;320 square feet..at 120 E. Hyman are larger than the maximum square footage allocated to two-bedroom apartments. The maximum size for a two- bedroom apartment is 1,000 square feet and as such the rental guidelines would be $630 per month; both apartments exceed this maximum. The studio apartment also exceeds the maximum square footage and as such is also in excess of the middle income guidelines. The only two units that do fall within the guideline, therefore, are the two one-bedroom apartments of 748 square feet which are renting for $412 each. )/1 -;#...... ~... 130 s MEMORANDUM DATE: April 22, 1980 TO: Sunny FROM: Ron RE: If the above entitled subdivision exemption is granted, the approval should be conditioned upon the applicant meeting the following requirements of section 20-22 of the Municipal Code of the City of Aspen: [xl Notice and option provisions to current tenants [xl Each unit restricted to six-month Illlnl.InUm leases with no more than two shorter tenan- cies in a calendar year. RWS:mc / ,'~" '" TO: Sunny Vann DATE: July 31, 1980 FRm1: Jim Reents, Housing SUBJECT: Hindelang Subdivision Exemption with regard to the above application, the Housing Department recommends acceptance of the two 1 bedroom units be restricted to the moderate income guidelines at the present rental rate ($.55 per sq. ft. per month) for the maximum period allowed by the condominiumization regulation (Sec. 20.22) with annual cost of living increases as allowed by Council. JR:ds i "J I' '" II , ...--.... APPLICATION FOR EXEMPTION FROM SUBDIVISION REGULATIONS Request is hereby made on behalf of Dan Hindelang (hereinafter referred to as "applicant") under ~20-l9 (a) of the Aspen, Colorado, subdivision regulations for an exemption from the definition of the term "subdivision" with respect to real property described as Block 69, Lots G, H and I, Aspen, Colorado, also known as 305 South Aspen Street and 125 East Hyman Street. An exemption in this case would be appropriate. The application involves subdivision of an existing structure. Requiring strict compJiance with subdivision regu- lations for the subdivision of a lot with an 8 plex on it creates conditions which will deprive the applicant of reason- able use of land. If an exemption is granted, owners of the property will have a common interest in the land; and there will be either a condominium declaration or use and occupancy agreement applicable to the property which will not in any way increase the land use impact of the property. An exemption in this case will not conflict with the intent and purpose of the subdivision regulations which are directed to assist the orderly, efficient and integrated development of the City of I Aspen, to ensure the proper distribution of population, to , jlcoordinate the need for public services and to encourage well II planned 'ubdivi,'nn,. ,I , ! ! [I 'I . - /..",- -- The granting of this application will not undermine the intent of the subdivision regulations, as it is clearly within the area intended for exemption under ~20-l9. The building is already in existence; there will be no change in the density which is presently in line with the prescribed population density for the property. The applicant would appreciate your consideration of this application at your next regular meeting. Dated: HA.r<dl 3/1'tP i Ljkj . Gideon T. ~ Attorney for Applicant I. -2- I ,"" ~". ,.,."" ...... DATE: Sunny Vann Jim Reen& f7 June 30, 1980 TO: FROM: SUBJECT: Hindelang Subdivision Exemption with regard to the above mentioned condominiumization, the code clearly requires a five year deed restriction on all long term rental units which fall under the low, moderate or middle income housing guidelines set annually by City Council. In the past, this office has considered existing housing proposed for condominiumization to fall under the lower guidelines restricting previously approved units. This was due to the fact that the higher guidelines were set to represent a cost of construction increase. Ron Stock's opinion is that the higher guidelines do in fact apply to all condominiumization - I defer to this opinion. Five out of the six units to be condominiumized do fall under the upper limit of the guidelines (689/sq.ft.) and under the current code should be deed restricted. JR:ds .- ...., /"'....- -- DATE: Sunny Vann Jim Reents, Housing Directo~ July 24, 1980 U TO: FROM: SUBJECT: Resolution 3 Price Guidelines Resolution 3 as currently adopted references only already (deed) restricted units and new construction under Section 24:10:4. There is no clear reference to these guidelines being used for evaluating condominiumization applications. After going back to the tapes of the January meeting where this Reso- lution was adopted, it is clear to me that a distinction was made between existing and new construction. I have disccussed this with the city Attorney and he stated that if in fact that was the case, he was incorrect in his prior opinion and the lower of the sets of guide- line prices should apply to any existing structures for purposes of condominiumization. Because of this, I would like to redraft the Hindelay Subdivision exemption memo and at the same time make the Planning Staff aware that the lower set of guidelines apply. JR:ds ~ LAW OFFICES GIDEON I. KAUFMAN BOX 10001 611 WEST MAIN STREET ASPEN. COLORADO e, 6 1 1 GIDEON I. KAUFMAN April 10, 1980 TELEPHONE AREA CODE 303 925-8166 DAVID G. EISENSTEIN Sunny Vann Planning Office City of Aspen 130 South Galena Aspen, CO 81611 Re: Hindelang Condominiumization Dear Sunny, Contained herein is the current square footage and monthly rental rates for the Hindelang property. At 305 S. Aspen are two one-bedroom apartments, each containing 500 square feet; one renting for $330 a month and the other for $350 a month. There is one three-bedroom apartment of 1,000 square feet that rents for $665 a month and a studio apartment of 650 square feet that rents for $385 a month. At the building located at 120 E. Hyman, there are two one-bedroom apartments of 748 square feet that rent for $412 each, and two two-bedroom apartments of 1,320 square feet renting for $660 each. Both one-bedrooms of 500 square feet at 305 S. Aspen exceed the maximum low, moderate middle income guidelines of $315 a month. The three-bedroom apartment also exceeds the maximum guidelines for middle income housing. The two two-bedroom apartments of 1,320 square feet. .at 120 E. Hyman are larger than the maximum square footage allocated to two-bedroom apartments. The maximum size for a two- bedroom apartment is 1,000 square feet and as such the rental guidelines would be $630 per month; both apartments exceed this maximum. The studio apartment also exceeds the maximum square footage and as such is also in excess of the middle income guidelines. The only two units that do fall within the guideline, therefore, are the two one-bedroom apartments of 748 square feet which are renting for $412 each. Sunny Vann April 10, 1980 Page Two In the event that the proposed ordinance which eliminates low, moderate middle income housing guidelines for condominium conversions is not passed, Mr. Hindelang would be willing to rent restrict the two one-bedroom apartments. If you need any additional information, please feel free to contact me. Very truly yours, -~~ Gideon Kaufman GK kw ~, c MEMORANDUM TO: Sunny Vann, Planning Office Jay Hammond, Engineering Office ~ FROM: DATE: May 27, 1980 RE: Hindelang Subdivision Exemption Per your request, the following is a run down of problems in- volved in the Hindelang (Mouse House) Subdivision exemption. Some of these items may have been resolved at some point, however, if that is the case, there are no records to be found of the variances or building approvals required to allow the nonconformities. As you know, there is some record of proposed agreements drawn up at the time Sandy Stuller was our attorney including an agreement not to condominiumize although again there is no indication that the agreement was carried out. For what it's worth, the Hindelang exemp- tion has the following problems: 1) The improvement survey as submitted is not an adequate condo- minium map. 2) The northerly building encroaches on the front setback, no record of variance. 3) Off street parking is inadequate (5 spaces vs. 12 bedrooms). 4) Bedrooms in excess of the number permitted in the zone (12 ac- tual versus 9 permitted), no record of variance, 5) The Building Department cannot produce renovation or site plans to show how many bedrooms and parking spaces were shown prior to issuance of the building permit. 6) There is no record of payment of the park dedication fees. Please let me know before this item comes for formal considera- tion by P & z. ~-f- ~~(- k' ~okJ"^i q\c>-""-/ O~ ~^' cj1~Q.-^'1~0~)-~ F~~~ O-J{ 'n\. w.-~ffiQA'l\0 ci- (I1Qt Gt( r~'bC I ~ ~11 tlh.~ E~r-kMJ ~~-t w0.0(cl k~.f--f~ ~/lfr{/~t; ?~ ~ fr(hl~~~07\.-s;1e +rO-r>k ~J/7 ~ ~ oj( V7!~f-s. ~ f ikf r~ wi CA.l *' ()-I0c/"" ~ -0i'''lfM? e(",,-- CT~ll ~j) -ff~1 Crtb-Y CU;, u:JJ( ~07ldChn>n~V7"lti3~ f~ r~7 MSlcl)~ LVi1 ~1 -, LAW OFFICES GIDEON I. KAUFMAN BOX 10001 611 WEST MAIN STREET ASPEN. COLORADO 81611 DAVID G. EISENSTEIN March 19, 1980 TELEPHONE AREA CODE 303 925-8166 GIDEON L KAUFMAN Sunny Vann Planning Office City of Aspen 130 South Galena Aspen, Colorado 81611 Re: Hindelang Condominiumization Dear Sunny, This application is being done in contemplation of a new condominiumization ordinance which does not look to low, moderate and middle income guidelines in deter- mining whether to grant a condominiumization application. This applicant's rental history is strong justification for the new ordinance. When the applicant came before the City Council three (3) years ago with his contemplated project, he agreed to rent the properties long term until the project was condominiumized. True to his word, the applicant has rented these properties at very reasonable rents over the past two and one-half (2-1/2) years to local Aspenites. He has done so at low rents despite the fact that higher rents would have exempted the property from Ordinance 39. As a resident of Aspen aware of the high cost of housing, he created a rental situation beneficial to his tenants but not to his own condominium- ization plans. When the new ordinance is adopted, Dan's rental policies will be justified. He does not plan to sell the project immediately but will be selling some of the units as tax planning warrants. In the interim, he will continue to rent them at the reasonable rents he has been charging in the past. The following is a breakdown of the units sought to be condominiumized: two (2) 500- square-foot one (1) bedrooms, one (1) 1,OOO-square-foot three (3) bedroom and one (1) studio of 650 square feet, Sunny Vann March 19, 1980 Page two two (2) one (1) bedrooms of 750 square feet and two (2) two (2) bedrooms of 1,320 square feet. If there is any additional information you need, please contact me. Very truly yours, JL(~ Gideon Kaufman GK ch - c MEMORANDUM TO: Jim Reents, Housing Director Dan McArthur, City Engineer Ron Stock, City Attorney FROM: Sunny Vann, Planning Office RE: Hinde1ang Subdivision Exemption DATE: April 17, 1980 Attached please find application for subdivision exemption submitted by Dan Hinde1ang. This item is scheduled to come before the Aspen Planning and Zoning Commission on Tuesday, May 20, 1980. Therefore, may I please have your written comments concerning this application no later than Monday, May 12, 1980. Thank you.