HomeMy WebLinkAboutcoa.lu.ec.1018 E Hopkins Torpen. 1987 47A-87lfbkPkn cb)'4 4 full lklb bo,27S�
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ASPEN/PITKIN PLANNING OFFICE
130 South Galena Street
Aspen, Colorado 81611
(303) 925-2020/�„(�
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LAND USE APPLICATION FEES
/ /
City
00113
- 63721
- 47331
GMP/CONCEPTUAL
- 63722
- 47332
GMP/PRELIMINARY
- 63723
- 47333
GMP/FINAL
- 63724
- 47341
SUB/CONCEPTUAL
- 63725
- 47342
SUB/PRELIMINARY
- 63726
- 47343
SUB/FINAL
- 63727
- 63728
- 47350
- 47360
ALL 2-STEP APPLICATIONS
ALL 1-STEP APPLICATIONS/
CONSENT AGENDA ITEMS
REFERRAL FEES:
00125
- 63730
- 47380
ENVIRONMENTAL HEALTH
00123
- 63730
- 47380
HOUSING
00115
- 63730
- 47380
ENGINEERING
IFO -0 10
SUB -TOTAL
4- 0
County
00113
- 63711
- 47431
GMP/GENERAL
- 63712
- 47432
GMP/DETAILED
- 63713
- 47433
GMP/FINAL
- 63714
- 47441
SUB/GENERAL
- 63715
- 47442
SUB/DETAILED
- 63716
- 47443
SUB/FINAL
- 63717
- 47450
ALL 2-STEP APPLICATIONS
- 63718
- 47460
ALL 1-STEP APPLICATIONS/
CONSENT AGENDA ITEMS
REFERRAL FEES:
00125
- 63730
- 47480
ENVIRONMENTAL HEALTH
00123
- 63730
- 47480
HOUSING
00113
- 63731
- 47480
ENVIRONMENTAL COORD.
00113
- 63732
- 47480
ENGINEERING
SUB -TOTAL
PLANNING
OFFICE SALES
00113
- 63061
- 09000
COUNTY CODE
- 63062
- 09000
COMP. PLAN
63066
09000
Cf-Y.FEES
- 63069
- 09000
'OTHER
SUB -TOTAL
- TOTAL
sk-QUO •Od
Name:z
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Address:
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Project:
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Check #
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Date
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Additional
Billing:
If of Hours:
DATE RECEIVED:�i�
DATE COMPLETE:
PROJECT NAME:
Project Addre
APPLICANT:
Applicant
REPRESENTATIVE:
Representative
CASELOAD SUMMARY SHEET
City of Aspen
i�
TYPE OF APPLICATION:
PAID: YES NO AMOUNT:
1 STEP APPLICATION:
P&Z MEETING DATE:
DATE REFERRED:
t ,2' STEP APPLICATION:
PARCE ID AND CASE NO.
STAFF MEMBER:
PUBLIC HEARING: YES NO
INITIALS:
QMEETING
DATE:
PUBLIC HEARING: YES NO
DATE REFERRED:
II ^, r 41
INITIALS: I,- IUC
REFE LS:
City Attorney
Mtn. Bell
School District
V. City Engineer
Parks Dept.
Rocky Mtn Nat Gas
Housing Dir.
Holy Cross
State Hwy Dept(GW)
Aspen Water
Fire Marshall
State Hwy Dept(GJ)
City Electric
Fire Chief
B1dg:Zon/Inspect
Envir. Hlth.
Roaring Fork
Roaring Fork
Aspen Consol.
Transit
Energy Center
S.D.
Other
FINAL ROUTING: DATE ROUTED: '� INITIAL: ILC�
City Atty City Engineer Bldg. Dept.
Other:
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FILE STATUS AND LOCATION:
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STATEMENT OF EXCEPTION FROM THE FULL
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SUBDIVISION PROCESS FOR THE PURPOSE OF
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CONDOMINIUMIZATION FOR THE TORPEN CONDOMINIUMS
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WHEREAS, TORPEN CONSTRUCTION TRUST, a Colorado
general partnership (hereinafter "Applicant") is the owner of
a parcel of real property in the City of Aspen, Pitkin
County, Colorado, described as follows:
PARCEL A: LOT 13 and LOT 14, except any part described in
Book 281 at Page 351, BLOCK 1 RIVERSIDE ADDITION TO
THE CITY AND TOWNSITE OF ASPEN,
PARCEL B: EAST 12 FEET OF LOT 0 AND ALL OF LOT P, BLOCK 25,
EAST ASPEN ADDITION TO THE CITY AND TOWNSITE OF
ASPEN,
PARCEL C: A TRACT OF LAND SITUATED IN TRACTS I AND H AS SHOWN
ON A PLAT FILED AS DOCUMENT NUMBER 112585, PITKIN
COUNTY RECORDS, BEING PART OF THE JENNIE V. LODE,
U.S.M.S. 5310 DESCRIBED AS FOLLOWS: Beginning at
Corner No. 3 Riverside Placer U.S.M.S. No. 3905 AM
(1954 Brass Cap in Place), thence S 89046' E 25.80
ft., thence N 75009' W 26.66 ft., thence S 00014' W
6.73 ft., to the point of beginning.
WHEREAS, the foregoing described real property
contains an approved duplex unit; and
WHEREAS, Applicant has requested an exception from
the full subdivision process for the purpose of condomin-
iumizing the existing duplex on the subject property to be
known as the Torpen Condominiums; and
WHEREAS, the City Council determined at its regular
meeting held December 21, 1987, that such exception was
appropriate and granted the same, subject however, to certain
conditions as set forth below:
NOW, THEREFORE, the City Council of Aspen,
Colorado, does hereby determine that the application for
exception from the full subdivision process for the purpose
of condominiumization of the above -described property is
proper and hereby grants an exception from the full
subdivision process for such condominiumization.
PROVIDED, HOWEVER, that the foregoing exception is
expressly conditioned upon (1) the Applicant's recording with
the Pitkin County Clerk and Recorder, contemporaneously
herewith, that certain "Declaration of Covenants, Restric-
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556 m889
ti ns, and Conditions for the Torpen Condominiums" dated
--,-9 :7- , 198Y , and (2) the Applicant's
ict com dance with the provisions contained herein and
all representations set forth in the application submitted
and binding conditions of approval on this matter set by the
Planning and Zoning Commission and/or the City Council, for
itself, its successors and assigns, Q) 1ti.,
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Dated this /a` day of 1988.
U
William L. Stirling, May r
ROVED:
[Paul J. TaddVne, CityiAttbrney
I, Kathryn S. Koch, do certify that the foregoing
Statement of Exception from the Full Subdivision Process for
the Purposes of Condominiumization for the Torpen Condo-
miniums was considered and app owed by the Aspen City Council
at its regular meeting held �/ , 1983Ff-at
which time the Mayor was authorized to execute the same on
behalf of the City of Aspen.
21/TG5
Kathryn 615,Koch, City Clerk
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556 Qa> N
N DECLARATION OF COVENANTS, RESTRICTIONS AND
m CONDITIONS FOR THE TORPEN CONDOMINIUMS
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TORPEN CONSTRUCTION TRUST, a Colorado general
partnership ("Covenantor"), for itself, its successors,
administrators and assigns, in consideration of the granting
of an exception from the full subdivision process for the
purpose of condominiumization of the following -described
property, hereby covenants with the City of Aspen, Pitkin
County, Colorado, to restrict such property, and hereby does
restrict such property, as follows:
1. Covenantor is the owner of the following
described property (the "Property") together with the
improvements thereon situated in the City of Aspen, County of
Pitkin, State of Colorado:
PARCEL A: LOT 13 and LOT 14, except any part described in
Book 281 at Page 351, BLOCK 1 RIVERSIDE ADDITION TO
THE CITY AND TOWNSITE OF ASPEN,
PARCEL B : EAST 12 FEET OF LOT 0 AND ALL OF LOT P , BLOCK 25,
EAST ASPEN ADDITIOr: TO THE CITY AND TOWNSITE OF
ASPEN,
PARCEL C: A TRACT OF LAND SITUATED IN TRACTS I AND H AS SHOWN
ON A PLAT FILED AS DOCUMENT NUMBER 112585, PITKIN
COUNTY RECORDS, BEING PART OF THE JENNIE V. LODE,
U.S.M.S. 5310 DESCRIBED AS FOLLOWS: Beginning at
Corner No. 3 Riverside Placer U.S.M.S. No. 3905 AM
(1954 Brass Cap in Place), thence S 89046' E 25.80
ft., thence N 75009' W 26.66 ft., thence S 00°14' W
6.73 ft., to the point of beginning.
Hereafter, Unit A and Unit B, Torpen Condominiums, City of
Aspen, Pitkin County, Colorado, as shown on the Condominium
Map therefor recorded in Plat Book 2n at Page !cl -!o , and
subject to the terms, conditions and obligations of the
Condominium Declaration therefore recorded in Book 5� at
Page also described as 1018 East Hopkins Avenue,
Aspen, Colorado.
2. The existing two units comprising the Torpen
Condominiums, when the same are offered for rental, shall be
and are hereby restricted to six (6) month minimum leases
with no more than two (2) shorter tenancies per calendar
year, all as defined in the Aspen Municipal Code, as amended;
and, further, when both units are offered for sale, they
shall be and are hereby subject to the requirements of
Sections 20-22(a), Aspen Municipal Code, as amended.
mm 556 P 91'7
3. In the event that any municipal improvement or
improvements of a kind contemplated in Section 20-16 of the
Municipal Code of the City of Aspen, as amended, become in
the sole judgment or discretion of the City Council of the
City of Aspen, necessary or desirable to the area of Torpen
Condominiums, Covenantor will make no objection to any
special assessment or special tax or proceeding therefor on
the basis that the Property is adequately served by existing
improvements and/or or. the basis that the premises will not
be served or benefited by the improvement or improvements
proposed. Covenantor further agrees to join, upon the City's
demand therefor, any improvement district formed for
construction of such improvements (including, without
limitation, drainage, underground utilities, paving, curbs,
gutters, sidewalks, street lights, etc.) in the area of the
Torpen Condominiums.
4. The covenants 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.
5. The covenants herein contained shall run with
the land and shall be binding upon all parties having any
right, title or interest in the Property or any part thereof,
and their heirs, representatives, successors and assigns, for
the period of the life of the longest -lived member of the
presently -constituted Aspen City Council plus twenty-one (21)
years, or for a period of fifty (50) years from the date
these covenants are recorded, whichever is less.
6. None of the covenants contained herein shall
be released or waived in any respect during the period they
are binding without the prior consent of the City of Aspen
reflected by resolution of the City Council of the City of
Aspen.
7. In any legal proceeding to enforce the provi-
sions of these covenants, restrictions and conditions, the
prevailing party shall be entitled to recover its costs and
fees therein, including its reasonable attorney fees and
expert witness fees.
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m 556 PAGE918
IN WITNNF S WHEREOF, this Declaration has been duly
executed this .�Z7*— day of 74 u c{ v 198, .
TORPEN\CONSTRUCTION TRUST,
a Colorado general partnership
By: CHICAGO AND YORK
DEVELOPMENT CORPORATION,
a Colorado corporation,
as general partner
By1-11V Z
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Max Pl." Steinkopf, Prlident
By: TERMAN ENTERPRISES, INC.,
an Illinois corporation,
as general partner
B /G '
MaY D. Steinkopf
Attorney -in -Fact and
Authorized Agent
Suo(Ia 17 t(ICt0'� yor 'ss.
SUBSCRIBED AND SWORN to before me by Max D.
Steinkopf, President of Chicago and York Development Corpora-
tion, a Colorado corporation, as general partner of Torpen
Cons.ruction Trust, a Colorado general partnership, this
day of 1988.
WITNESS my hand and official seal. ��R . �0 7
My commission expires: ;\ o; •�:..�';
Ail
Notary Public
(Acknowledgement contained on Page 4)
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556 ME919
�kd<<ic' css.
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SUBSCRIBED AND SWORN to before me by Max D.
Steinkopf, Attorney -in -fact and Authorized Agent for Terman
Enterprises, Inc., an Illinois corporation, as general
partner of Torpen Construction Trust, a Colorado general
partnership, this day of Trgry Lk 14 f-Z `' , 1988.
WITNESS my hand and official seal.
My commission expires: y •
A
Notary Public
22/TG5
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CASE DISPOSITION
TORPEN CONDOMINIUMIZATION
On December 21, 1987 City Council granted subdivision exception
for the purpose of condominiumization of the Torpen Condominiums
at 1018 East Hopkins Avenue subject to the following conditions:
1. The applicant shall file with the County Clerk and Recorder's
Office a statement of subdivision exception to the satisfaction
of the City Attorney including:
a. The units shall be subject to six month minimum leases
with no more than two shorter tenancies per year.
b. The applicant agrees to join any improvement district
which may be formed in the future affecting this property.
2. The applicant shall file a plat with the County Clerk and
Recorder's Office meeting the requirements of Section 20-15 of
the Municipal Code, including denotation of parking spaces and
easements on the property, to the satisfaction of the City
Engineer.
sb.torpen2
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MEMORANDUM
TO: Aspen City Council
THRU: Robert S. Anderson, Jr., City manager
FROM: Steve Burstein, Planning Office
RE: Torpen Condominiumization
DATE: December 21, 1987
SUMMARY: The Planning Office recommends approval of the Torpen
Condominiumization with affirmation that the standard six month
minimum deed restriction applies to this duplex.
LOCATION: 1018 E. Hopkins Street, Lots 13 and 14 of Block 1,
Riverside Subdivision and east 12 feet of Lot O and all of Lot P
of Block 25, East Aspen Addition, City of Aspen.
ZONING: Residential - Multi -family.
SITE CHARACTERISTICS: The Torpen duplex is located toward the end
of East Hopkins Street, and just west and in front of (south) of
Riverside Condos and east of another duplex. East Hopkins Street
includes several multi -family, duplex and single family resi-
dences (see map attached).
APPLICANT: Torpen Construction Trust; Shannon Grady, General
Partner.
APPLICANT'S REQUEST: The applicant requests approval of subdivis-
ion exception for the purpose of condominiumizing a recently
built duplex. Waiver of the six month minimum lease restriction
is also requested.
PROBLEM DISCUSSION:
A. Referral Comments:
1. Engineering. Department: Chuck Roth commented in his December
14, 1987 memorandum (attached) with regard to plat requirements,
denotation of parking spaces on the plat, and the standard
agreement to join any future improvement district.
B. Planning Office Comments: Condominiumization requirements are
stated in Section 20-22 of the Municipal Code. Planning Office
comments on each requirement are given as follows:
1
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Requirement l: Existing tenants
when their unit is offered for
right of first refusal.
shall be given written notice
sale, an option of purchase and
Response: The land was vacant prior to construction; therefore,
this requirement does not apply.
Requirement 2: All units shall be restricted to six (6) month
minimum leases with no more than two (2) shorter tenancies per
year.
Response: As you know, a number of requests for waiving of the
six month minimum lease restriction have been heard by Council
recently. It was determined that several factors should be
analyzed in review of minimum leases allowed; and criteria will
be codified in the new code.
In deciding whether to waive the six month minimum lease provi-
sion for a project, we should take into account the residential
character of the immediate vicinity. It may be appropriate to
waive this requirement if the area consists of predominantly
lodges or other units in which short term accommodations are
permitted, or if the parcel is in close proximity to the downtown
area or major tourist recreational facilities. It is recognized
that some areas of the R-MF zone district would meet this criter-
ia, while other areas would not.
Staff believes that the vicinity of the 1018 E. Hopkins is
predominantly long-term and local in character, although decided-
ly mixed. There are a number of single family houses on the
street which appear to be long-term. The multi -family projects in
the immediate vicinity include Valley -Hi Apartments, the Queen
Victoria, Mountain River Manor, Pioneer Building, the Gavilon,
and Riverview Condominiums. Mountain River Manor and the Pioneer
Building are deed -restricted to 6 month minimum leases; Valley -Hi
is basically affordable, employee housing although not deed
restricted. The Gavilon, Queen Victoria and Riverview Condos were
all condominiumized prior to institution of the 6 month minimum
lease and are a mix of short-term and long-term units. It appears
that the majority of units in those projects are long -termed. The
Mountain House B&B (formerly Endeavor Lodge) is the only lodge in
the immediate vicinity. Additionally, the project is removed from
the downtown by approximately four blocks and slightly farther
from the Silver.Queen Gondola.
Requirement 3: Demonstration that approval will not reduce the
supply of low and moderate income housing.
Response: This requirement is not relevant because the project is
new development with no previous occupants.
Requirement 4: The applicant must undergo a fire, health and
tj
safety inspection prior to review of request for condominiumiza-
tion.
Response: The units will be inspected prior to issuance of a
certificate of occupancy.
ADVISORY COMMITTEE RECOMMENDATION: None. This item has received
an expedited review before City Council only.
RECOMMENDED MOTION: "Move to grant subdivision exception for the
purpose of condominiumization of the Torpen Condominiums at 1018
East Hopkins Avenue subject to the following conditions:
1. The applicant shall file with the County Clerk and Recorder's
Office a statement of subdivision exception to the satisfaction
of the City Attorney including:
a- The units shall be subject to six month minimum leases
with no more than two shorter tenancies per year.
b. The applicant agrees to join any improvement district
which may be formed in the future affecting this property.
2. The applicant shall file a plat with the County Clerk and
Recorder's Office meeting the requirements of Section 20-15 of
the Municipal Code, including denotation of parking spaces and
easements on the property, to the satisfaction of the City
Engineer.
CITY MANAGER'S COMMENTS:
SB.TORPEN
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MEMORANDUM
To: Steve Burstein, Planning Office
From: Chuck Roth, Assistant City Engineer
Date: December 14, 1987
Re: Torpen Condominiumization
Having reviewed the above referenced application, the Engineering
Department has the following comments:
1. A plat must be submitted which meets the requirements of
Section 20-15 of the municipal code. The blueprints which were
submitted are lacking a number of items which are specified in
Section 20-15.
2. The parking spaces must be drawn in and indicated as limited
elements to appropriate units. It does not appear to be possible
to determine from the plat how many bedrooms are in each unit.
There must be one parking space provided for each bedroom.
3. In order to confirm that all easements of record are platted,
there must be a note on the plat stating that all easements of
record according to the title policy number ------ of date ----
have been indicated on the plat. (There is an easement indicated
on the title policy which does not appear to be indicated on the
plat.)
4. The applicant must agree to join any future improvement
districts, using the current language available from the city
attorney's office.
5. Some of the information on page two is scarcely readable. It
is questionable if a microfilmed copy of the plat would produce
legible copies. The final plat must be easily readable.
cc: Jay Hammond, City Engineer
CR/cr/caseload.19
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CITY OF MAPEN_
130,south. galena street
aspen;-colorado;:81611
303-925-2020
LAND USE APPLICATION FORM DATE SUBMITTED November 20, 1987
$405.00 Planning Fee
FEES 80.00 Referral Fee
$485.00
NAME TORPEN CONSTRUCTION TRUST, a Colorado general partnership
ADDRESS c/o Shannon Grady, a general partner, P.O. Box 1904, 715 W. Main St., Aspen, CO
I-61
PHONE 925-2600 - Austin 5 Jordan, attorneys for project; 925-6554 - James J. Costley,
Project Manager
NAME OF PROJECT Torpen Condominiums
PRESENT ZONING
RMF
LOT SIZE. 7,818 sq. ft. ±
LOCATION 1018 E. Hopkins Ave., Aspen, Colorado
(indicate street address, lot and block number. May require legal
description. A vicinity map is very useful.)
2,040± living space
CURRENT BUILD -OUT per unit sq. ft. two units
PROPOSED BUILD -OUT N.A. sq. ft. N.A. units
DESCRIPTION OF EXISTING USES The subject property contains a newly -constructed two-story
frame duplex, containing two separate single family residential units. The improvements
were constructed on vacant land.
DESCRIPTION OF LAND USE PROPOSAL The applicant requests approval of the condominiumization
of a newly -constructed two-story frame duplex to create two separate single-family
residential condominium units. Please see attached letter for additional details of
the proposal
TYPE OF APPLICATION Subdivision Exception to Condominiumize New Duplex
Section 20-19 (Subdivision Exception)
APPLICABLE CODE SECTION (S) Section 10-22 (Condominiumization)
PLAT AMENDMENT REQUIRED
YES
DATE PRE -APPLICATION CONFERENCE COMPLETED 9/23/87
X
NO
ATTACHMENTS: 1. All applicants must supply Proof of Ownership in the form of a
title insurance commitment or statement from an attorney indicating
that he/she has researched the title and verifies that the applicant
is the owner of the property (free of liens and eucumbrances.)
2. If the process requires a public hearing, a Property Owner's List
must be supplied which gives all owners within 300 feet in all
directions in some cases and adjacent owners in some cases.
3. Number of copies required (by code and/or in pre -application
conference.) Five per Glenn Horn
4. Plat by Registered Surveyor X Yes No
SUBMITTE
AUSTIN AN
By:
ay oung
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Ronald D. Austin
William R. Jordan III
Gray A. Young
Frederick F. Peirce
Ted D. Gardenswartz
HAND DELIVERED
AUSTIN & JORDAN
Attorncys At hiw
600 East Hopkins Avenue
Suite 205
Aspen, Colorado 81611
November 20, 1987
Aspen City Council and
Mr. Glenn Horn, Planner
Aspen/Pitkin Planning Office
130 S. Galena St.
Aspen, CO 81611
Re: Torpen Condominiums Land Use Application
Ladies and Gentlemen:
Telephone (303) 925-2600
FAX (303) 9254720
This letter is submitted as an attachment to the
land use application for Torpen Condominiums filed for your
consideration on November 20, 1987. On the applicant's
behalf, I would like to discuss 1) the reasons a subdivision
exception process is appropriate for this application and 2)
the reasons we believe a six-month deed restriction should be
waived for this condominium project.
1. Subdivision Exception Procedure, §20--19,
Municipal Code.
The applicant has constructed a two-story
frame duplex, containing two separate single-family
residential units on vacant land located in the RMF
Zone District on East Hopkins Avenue, and requests
approval of the condominiumization of these
improvements to create two separate single-family
residential condominium units. The applicant
submits that it is appropriate for Council to grant
an exception from the strict application of the
standards and requirements of the full subdivision
procedure pursuant to g20-19 of the City of Aspen
Municipal Code. To require the applicant to go
through the full subdivision process in this case
would serve no public purpose and be unnecessary in
relation to the land use policies of the City of
Aspen. Your review of this land use application
and the accompanying plat will reveal that the
project complies with the design standards set
forth in the subdivision regulations, making the
full subdivision process unnecessary and redundant.
AUSTIN & JORDAN
Attorneys At Law
Aspen City Council and
Mr. Glenn Horn, Planner
November 20, 1987
Page 2
2. Waiver of Six Month Deed Restriction,
§20-22(b), Aspen Municipal Code.
The applicant requests that Council waive the
si;c month minimum lease restriction described in
§20-22(b) of the Aspen Municipal Code because such
a restriction would serve no useful municipal
purpose in connection with the proposed condominium
project. The applicant points out that the duplex
was constructed as a matter of right on vacant land
in an RMF-zoned area in which a substantial number
of short-term rental units exist. Also, by
constructing single-family residential improvements
where no improvements previously existed, the
applicant actually has enhanced the general
availability of housing rather than reducing the
supply of low and moderate income housing.
Consequently, in view of the present character of
the surrounding neighborhood, the uses contemplated
by and allowable in the RMF zone district, and the
contribution of the applicant to the general
availability of housing in the community, the
applicant requests that Council waive the six-month
minimum lease restriction for this condominium
project.
Sincerely,
AU--- -----
By
GY/st
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December 22, 1987
M E M O R A N D U M
To: Aspen City Council
From: Gray Young
Austin & Jordan
Re: Current Short Term Rentals in the Vicinity of
Torpen Condominiums
SHORT TERM RENTAL MANAGEMENT
INFORMAL SURVEY
Austin & Jordan has done an informal survey of the
leading property management firms in Aspen to determine
present short term rental activity in the immediate vicinity
of the Torpen Condominium project. The applicant offers the
following information to council in support of its request
that the six-month minimum lease restriction be waived for
this project. The Torpen parcel is in close proximity to the
downtown Aspen area and to major tourist/recreational
facilities including the Aspen Athletic Club, the Stage 3
Movie Theatre and the Aspen Mountain Ski Complex. In
addition, our informal survey has revealed that there are
roughly 47 units currently being rented on the short term
market in the immediate vicinity of the Torpen project,
which, by the way, only consists of two condominium units.
Perhaps most important, considering only
condominium complexes and lodges that are close to the Torpen
two -unit project, i.e. the Riverview Condominiums, the
Gavilon, the Queen Victoria, the Chateau Eau Claire, the
Mountain House Bed and Breakfast, and the East Hopkins
Condominiums, it is our calculation that there are 87
condominium units available for use on the short term rental
market, not including the Mountain House Lodge, should the
owners choose to rent them.
MEMO: Aspen City Council
December 21, 1987
Page Two
The breakdown of the minimum number of condominium
units currently being short termed near the Torpen project is
as follows:
Riverview Condominiums: 12 0'I
Gavilon: ?
1 a ,t
Queen Victoria: 2 b,r � 7
East Hopkins: 5
Original Curve: 2
Chateau Eau Claire 22
Riverside: 3
Total 47
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•
•
MEMORANDUM
TO: Aspen City Council
THRU: Robert S. Anderson, Jr., City manager
FROM: Steve Burstein, Planning Office'
RE: Torpen Condominiumization
DATE: December 21, 1987
SUMMARY: The Planning Office recommends approval of the Torpen
Condominiumization with affirmation that the standard six month
minimum deed restriction applies to this duplex.
LOCATION: 1018 E. Hopkins Street, Lots 13 and 14 of Block 1,
Riverside Subdivision and east 12 feet of Lot 0 and all of Lot P
of Block 25, East Aspen Addition, City of Aspen.
ZONING: Residential - Multi -family.
SITE CHARACTERISTICS: The Torpen duplex is located toward the end
of East Hopkins Street, and just west and in front of (south) of
Riverside Condos and east of another duplex. East Hopkins Street
includes several multi -family, duplex and single family resi-
dences (see map attached).
APPLICANT: Torpen Construction Trust; Shannon Grady, General
Partner.
APPLICANT'S REQUEST: The applicant requests approval of subdivis-
ion exception for the purpose of condominiumizing a recently
built duplex. Waiver of the six month minimum lease restriction
is also requested.
PROBLEM DISCUSSION:
A. Referral Comments:
1. Engineering Department: Chuck Roth commented in his December
14, 1987 memorandum (attached) with regard to plat requirements,
denotation of parking spaces on the plat, and the standard
agreement to join any future improvement district.
B. Planning Office Comments: Condominiumization requirements are
stated in Section 20-22 of the Municipal Code. Planning Office
comments on each requirement are given as follows:
1
•
Requirement 1: Existing tenants shall
when their unit is offered for sale, a
n
Response: The land was vacant prior to construction; therefore,
this requirement does not apply.
Requirement 2: All units shall be restricted to six (6) month
minimum leases with no more than two (2) shorter tenancies per
year.
Response: As you know, a number of requests for waiving of the
six month minimum lease restriction have been heard by Council
recently. It was determined that several factors should be
analyzed in review of minimum leases allowed; and criteria will
be codified in the new code.
In deciding whether to waive the six month minimum lease provi-
sion for a project, we should take into account the residential
character of the immediate vicinity. It may be appropriate to
waive this requirement if the area consists of predominantly
lodges or other units in which short term accommodations are
permitted, or if the parcel is in close proximity to the downtown
area or major tourist recreational facilities. It is recognized
that some areas of the R-MF zone district would meet this criter-
ia, while other areas would not.
Staff believes that the vicinity of the 1018 E. Hopkins is
predominantly long-term and local in character, although decided-
ly mixed. There are a number of single family houses on the
street which appear to be long-term. The multi -family projects in
the immediate vicinity include Valley -Hi Apartments, the Queen
Victoria, Mountain River Manor, Pioneer Building, the Gavilon,
and Riverview Condominiums. Mountain River Manor and the Pioneer
Building are deed -restricted to 6 month minimum leases; Valley -Hi
is basically affordable, employee housing although not deed
restricted. The Gavilon, Queen Victoria and Riverview Condos were
all condominiumized prior to institution of the 6 month minimum
lease and are a mix of short-term and long-term units. It appears
that the majority of units in those projects are long -termed. The
Mountain House B&B (formerly Endeavor Lodge) is the only lodge in
the immediate vicinity. Additionally, the project is removed from
the downtown by approximately four blocks and slightly farther
from the Silver Queen Gondola.
Requirement 3: Demonstration that approval will not reduce the
supply of low and moderate income housing.
Response: This requirement is not relevant because the project is
new development with no previous occupants.
Requirement 4: The applicant must undergo a fire, health and
2
safety inspection prior to review of request for condominiumiza-
tion.
Response: The units will be inspected prior to issuance of a
certificate of occupancy.
ADVISORY COMMITTEE RECOMMENDATION: None. This item has received
an expedited review before City Council only.
RECOMMENDED MOTION: "Move to grant subdivision exception for the
purpose of condominiumization of the Torpen Condominiums at 1018
East Hopkins Avenue subject to the following conditions:
1. The applicant shall file with the County Clerk and Recorder's
Office a statement of subdivision exception to the satisfaction
of the City Attorney including:
a. The units shall be subject to six month minimum leases
with no more than two shorter tenancies per year.
b. The applicant agrees to join any improvement district
which may be formed in the future affecting this property.
2. The applicant shall file a plat with the County Clerk and
Recorder's Office meeting the requirements of Section 20-15 of
the Municipal Code, including denotation of parking spaces and
easements on the property, to the satisfaction of the City
Engineer.
CITY MANAGER'S COMMENTS:
SB.TORPEN
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L - Long-term Residential Project
S - Short-term Residential/Lodge Project
M - Mix of Long and Short-term Residential
Numbers - Street addresses of single family and duplex structures
j�
DEC 1 51987 j
MEMORANDUM
To: Steve Burstein, Planning Office
From: Chuck Roth, Assistant City Engineer
Date: December 14, 1987
Re: Torpen Condominiumization
Having reviewed the above referenced application, the Engineering
Department has the following comments:
1. A plat must be submitted which meets the requirements of
Section 20-15 of the municipal code. The blueprints which were
submitted are lacking a number of items which are specified in
Section 20-15.
2. The parking spaces must be drawn in and indicated as limited
elements to appropriate units. It does not appear to be possible
to determine from the plat how many bedrooms are in each unit.
There must be one parking space provided for each bedroom.
3. In order to confirm that all easements of record are platted,
there must be a note on the plat stating that all easements of
record according to the title policy number ------ of date ----
have been indicated on the plat. (There is an easement indicated
on the title policy which does not appear to be indicated on the
plat.)
4. The applicant must agree to join any future improvement
districts, using the current language available from the city
attorney's office.
5. Some of the information on page two is scarcely readable. It
is questionable if a microfilmed copy of the plat would produce
legible copies. The final plat must be easily readable.
cc: Jay Hammond, City Engineer
CR/cr/caseload.19
0
• CITY OF A*PEN
130.south.gale na'street
aspen_ ;-colorad6,.--81611
303-925 -2020
LAND USE APPLICATION FORM DATE SUBMITTED November 20, 1987
$405.00 Planning Fee
FEES 80.00 Referral Fee
$485.00
NAME TORPEN CONSTRUCTION TRUST, a Colorado general partnership
ADDRESS c/o Shannon Grady, a general partner, P.O. Box 1904, 715 W. Main St., Aspen, CO
ST611
PHONE 925-2600 - Austin & Jordan, attorneys for project; 925-6554 - James J. Costley,
Project 'tanager
NAME OF PROJECT Torpen Condominiums
PRESENT ZONING RMF
LOT SIZE. 7,818 sq. ft. ±
LOCATION 1018 E. Hopkins Ave., Aspen, Colorado
(indicate street address, lot and block number. May require legal
description. A vicinity map is very useful.)
2,040± living space
CURRENT BUILD -OUT per unit sq. ft. two _ units
PROPOSED BUILD -OUT N.A. sq. ft. N.A. units
DESCRIPTION OF EXISTING USES The subject property contains a newly -constructed two-story
frame duplex, containing two separate single family residential units. The improvements
were constructed on vacant land.
DESCRIPTION OF LAND USE PROPOSAL The applicant requests approval of the condominiumization
of a newly -constructed two-story frame duplex to create two separate single-family
residential condominium units. Please see attached letter for additional details of
the proposal
TYPE OF APPLICATION Subdivision Exception to Condominiumize New Duplex
-�, Section 20-19 (Subdivision Exception)
APPLICABLE CODE SECTION (S) Section 20-22 (Condominiumization)
PLAT AMENDMENT REQUIRED
DATE PRE -APPLICATION CONFERENCE COMPLETED
YES
X
NO
ATTACHMENTS: 1. All applicants must supply Proof of Ownership in the form of a
title insurance commitment or statement from an attorney indicating
that he/she has researched the title and verifies that the applicant
is the owner of the property (free of liens and eucumbrances.)
2. If the process requires a public hearing, a Property Owner's List
must be supplied which gives all owners within 300 feet in all
directions in some cases and adjacent owners in some cases.
3. Number of copies required (by code and/or in pre -application
conference.) Five per Glenn Horn
4. Plat by Registered Surveyor X Yes No
SUBMITTE
AUSTIN k4Z
By:
ay oun
•
•
Ronald D. Austin
William R. Jordan In
Gray A. Young
Frederick F. Peirce
Ted D. Gardenswartz
HAND DELIVERED
AUSTIN & JORDAN
Attorneys At Law
600 East Hopkins Avenue
Suite 205
Aspen, Colorado 81611
November 20, 1987
Aspen City Council and
Mr. Glenn Horn, Planner
Aspen/Pitkin Planning Office
130 S. Galena St.
Aspen, CO 81611
Re: Torpen Condominiums Land Use Application
Ladies and Gentlemen:
Telephone (303) 925-2600
FAX (303) 925-4720
This letter is submitted as an attachment to the
land use application for Torpen Condominiums filed for your
consideration on November 20, 1987. On the applicant's
behalf, I would like to discuss 1) the reasons a subdivision
exception process is appropriate for this application and 2)
the reasons we believe a six-month deed restriction should be
waived for this condominium project.
1. Subdivision Exception Procedure, §20--19,
Municipal Code.
The applicant has constructed a two-story
frame duplex, containing two separate single-family
residential units on vacant land located in the RMF
Zone District on East Hopkins Avenue, and requests
approval of the condominiumization of these
improvements to create two separate single-family
residential condominium units. The applicant
submits that it is appropriate for Council to grant
an exception from the strict application of the
standards and requirements of the full subdivision
procedure pursuant to §20-19 of the City of Aspen
Municipal Code. To require the applicant to go
through the full subdivision process in this case
would serve no public purpose and be unnecessary in
relation to the land use policies of the City of
Aspen. Your review of this land use application
and the accompanying plat will reveal that the
project complies with the design standards set
forth in the subdivision regulations, making the
full subdivision process unnecessary and redundant.
AUSTIN & JORDAN
Attorneys At Law
Aspen City Council and
Mr. Glenn Horn, Planner
November 20, 1987
Page 2
2. Waiver of Six Month Deed Restriction,
§20-22(b), Aspen Municipal Code.
The applicant requests that Council waive the
six month minimum lease restriction described in
§20-22(b) of the Aspen Municipal Code because such
a restriction would serve no useful municipal
purpose in connection with the proposed condominium
project. The applicant points out that the duplex
was constructed as a matter of right on vacant land
in an RMF-zoned area in which a substantial number
of short-term rental units exist. Also, by
constructing single-family residential improvements
where no improvements previously existed, the
applicant actually has enhanced the general
availability of housing rather than reducing the
supply of low and moderate income housing.
Consequently, in view of the present character of
the surrounding neighborhood, the uses contemplated
by and allowable in the RMF zone district, and the
contribution of the applicant to the general
availability of housing in the community, the
applicant requests that Council waive the six-month
minimum lease restriction for this condominium
project.
Sincerely,
AU;'_ -___--
By
GY/st
0 •
November 12, 1987
TO WHOM IT MAY CONCERN:
The law firm of Austin & Jordan is hereby
designated as the authorized representative of Torpen
Construction Trust, a Colorado partnership for the purpose of
pursuing any and all land use applications, attending public
hearings, and executing any and all documents connected
therewith to accomplish the condominiumization of a two-story
frame duplex located on E. Hopkins Ave., City of Aspen,
Pitkin County, Colorado.
TORPEN CONSTRUCTION TRUST
Shannon Grady, Gener
Partner , 11
•
0
HAND DELIVERED
November 20, 1987
Aspen City Council and
Mr. Glenn Horn, Planner
Aspen/Pitkin Planning Office
130 S. Galena St.
Aspen, CO 81611
Re: Torpen Condominiums Land Use Application
Ladies and Gentlemen:
The undersigned on behalf of First National Bank of
Salida, Salida, Colorado, as holder of a deed of trust and
security agreement on the real property upon which Torpen
Condominiums is situated, hereby consents to the filing of
the land use application for the condominiumization of that
certain two-story frame duplex located on 1018 E. Hopkins
Ave., Aspen, Colorado.
FIRST NATIONAL BANK OF.)SALIDA
'
By:
•
Lawyers Title Insurance Corporation
National Headquarters — Richmond, Virginia
Policy Number
85 - 00 - 67404 0
SUBJECT TO THE EXCLUSIONS FROM COVERAGE, THE EXCEPTIONS CONTAINED IN SCHEDULE B AND THE PROVISIONS OF
THE CONDITIONS AND STIPULATIONS HEREOF, LAWYERS TITLE INSURANCE CORPORATION, a Virginia corporation,
herein called the Company, insures, as of Date of Policy shown in Schedule A. against loss or damage, not exceeding the
amount of insurance stated in Schedule A, and costs, attorneys' fees and expenses which the Company may become
obligated to pay hereunder, sustained or incurred by the insured by reason of:
1. Title to the estate or interest described in Schedule A being vested otherwise than as stated therein;
2. Any defect in or lien or encumbrance on such title;
3. Lack of a right of access to and from the land; or
4. Unmarketability of such title.
IN WITNESS WHEREOF the Company has caused this policy to be signed and sealed, to be valid when Schedule A is
countersigned by an authorized officer or agent of the Company, all in accordance with its By -Laws.
Lu wrs III Ins u a Orporation
N,,�tc- =6%/'*_
President
Attest:
Secretary.
Policy 85/99 Litho in U.S.A. Cover Sheet ALTA Owner's Policy Form 8 - 1970
035-0-085/99-0006/3 (Rev. 10-17-70and 10-17.84) Copyright 1969
• . EXCLUSIONS FROM COVERAGE •
The following matters are expressly excluded from the coverage of this policy:
1. (a) Governmental police power.
(b) Any law, ordinance or governmental regulation relating to environmental protection.
(c) Any law, ordinance or governmental regulation (including but not limited to building and zoning ordinances) restricting or regulating
or prohibiting the occupancy, use or enjoyment of the land, or regulating the character, dimensions or location of any improvement now or
hereafter erected on the land, or prohibiting a separation in ownership or a change in the dimensions or area of the land or any parcel of
which the land is or was a part.
(d) The effect of any violation of the matters excluded under (a), (b), or (c) above, unless notice of a defect, lien or encumbrance resulting
from a violation has been recorded at Date of Policy in those records in which under state statutes deeds, mortgages, lis pendens, liens or
other title encumbrances must be recorded in order to impart constructive notice to purchasers of the land for value and without knowledge;
provided, however, that without limitation, such records shall not be construed to include records in any of the offices of federal, state or
local environmental protection, zoning, building, health or public safety authorities.
2. Rights of eminent domain unless notice of the exercise of such rights appears in the public records at Date of Policy.
3. Defects, liens, encumbrances, adverse claims, or other matters (a) created, suffered, assumed or agreed to by the insured claimant; (b) not
known to the Company and not shown by the public records but known to the insured claimant either at Date of Policy or at the date such
claimant acquired an estate or interest insured by this policy and not disclosed in writing by the insured claimant to the Company prior to
the date such insured claimant became an insured hereunder; (c) resulting in 'no loss or damage to the insured claimant; (d) attaching or
created subsequent to Date of Policy; or (e) resulting in loss or damage which would not have been sustained if the insured claimant had
paid value for the estate or interest insured by this policy.
CONDITIONS AND STIPULATIONS
1. Definition of Terms
The following terms when used in this policy mean:
(a) "insured": the insured named in Schedule A, and, subject to any
rights or defenses the Company may have had against the named
insured, those who succeed to the interest of such insured by operation
of law as distinguished from purchase including, but not limited to,
heirs, distributees, devisees, survivors, personal representatives, next
of kin, or corporate or fiduciary successors.
(b) "insured claimant an insured claiming loss or damage
hereunder.
(c) "knowledge": actual knowledge, not constructive knowledge or
notice which may be imputed to an insured by reason of any public
records.
(d) "land": the land described, specifically or by reference in
Schedule A, and improvements affixed thereto which by law constitute
real property; provided, however, the term "land" does not include any
property beyond the lines of the area specifically described or referred
to in Schedule A, nor any right, title, interest, estate or easement in
abutting streets, roads, avenues, alleys, lanes, ways or waterways, but
nothing herein shall modify or limit the extent to which a right of
access to and from the land is insured by this policy.
(e) "mortgage": mortgage, deed or trust, trust deed, or other
security instrument.
(f) "public records": those records which by law impart constructive
notice of matters relating to said land
2. Continuation of Insurance after Conveyance of Title
The Coverage of this policy shall continue in force as of Date of Policy
in favor of an insured so long as such insured retains an estate or
interest in the land, or holds an indebtedness secured by a purchase
money mortgage given by a purchaser from such insured, or so long as
such insured shall have liability by reason of covenants of warranty
made by such insured in any transfer or conveyance of such estate or
interest; provided, however, this policy shall not continue in force in
favor of any purchaser from such insured of either said estate or
interest or the indebtedness secured by a purchase money mortgage
given to such insured.
3. Defense and Prosecution of Actions —Notice of Claim to be
given by an Insured Claimant
(a) The Company, at its own cost and without undue delay, shall
provide for the defense of an insured in all litigation consisting of
actions or proceedings commenced against such insured or a defense
interposed against an insured in an action to enforce a contract for a
sale of the estate or interest in said land, to the extent that such
litigation is founded upon an alleged defect, lien, encumbrance, or
ether matter insured against by this policy.
(b) The insured shall notify the Company promptly in writing (i) in
=ase any action or proceeding is begun or defense is interposed as set
forth in (a) above, (ii) in case knowledge shall come to an insured
iereunder of any claim of title or interest which is adverse to the title
o the estate or interest, as insured, and which might cause loss or
famage for which the Company may be liable by virtue of this policy, or
iii) if title to the estate or interest, as insured, is rejected as
inmarketable. If such prompt notice shall not be given to the Company,
hen as to such insured all liability of the Company shall cease and
erminate in regard to the matter or matters for which such prompt
iotice is required, provided, however, that failure to notify shall in no
ase prejudice the rights of any such insured under this policy unless
he Company shall be prejudiced by such failure and then only to the
extent of s,,rh —i—ii-
(c) The Company shall have the right at its own cost to institute and
without undue delay prosecute any action or proceeding or to do any
other act which in its opinion may be necessary or desirable to
establish the title to the estate or interest as insured, and the Company
may take any appropriate action under the terms of this policy,
whether or not it shall be liable thereunder, and shall not thereby
concede liability or waive any provision of this policy.
(d) Whenever the Company, shall have brought any action or
interposed a defense as required or permitted by the provision of this
policy, the Company may pursue any such litigation to final
determination by a court of competent jurisdiction and expressly
reserves the right, in its sole discretion, to appeal from any adverse
judgment or order.
(e) In all cases where this policy permits or requires the Company to
prosecute or provide for the defense of any action or proceeding, the
insured hereunder shall secure to the Company the right to so
prosecute or provide defense in such action or proceeding, and all
appeals therein, and permit the Company to use, at its option, the
name of such insured for such purpose. Whenever requested by the
Company, such insured shall give the Company all reasonable aid in
any such action or proceeding, in effecting settlement, securing
evidence, obtaining witnesses, or prosecuting or defending such action
or proceeding, and the Company shall reimburse such insured for any
expense so incurred.
4. Notice of Loss —Limitation of Action
In addition to the notices required under paragraph 3(b) of these
Conditions and Stipulations, a statement in writing of any loss or
damage for which it is claimed the Company is liable under this policy
shall be furnished to the Company within 90 days after such loss or
damage shall have been determined and no right of action shall accrue
to an insured claimant until 30 days after such statement shall have
been furnished. Failure to furnish such statement of loss or damage
shall terminate any liability of the Company under this policy as to such
loss or damage.
5. Options to Pay or Otherwise Settle Claims
The Company shall have the option to pay or otherwise settle for or in
the name of an insured claimant any claim insured against or to
terminate all liability and obligations of the Company hereunder by
paying or tendering payment of the amount of insurance under this
policy together with any costs, attorneys' fees and expenses incurred
up to the time of such payment or tender of payment, by the insured
claimant and authorized by the Company.
6. Determination and Payment of Loss
(a) The liability of the Company under this policy shall in no case
exceed the least of:
(i) the actual loss of the insured claimant; or
(ii) the amount of insurance stated in Schedule A.
(b) The Company will pay, in addition to any loss insured against by
this policy, all costs imposed upon an insured in litigation carried on by
the Company for such insured, and all costs, attorneys' fees and
expenses in litigation carried on by such insured with the written
authorization of the Company.
(c) When liability has been definitely fixed in accordance with the
conditions of this policy, the loss or damage shall be payable within 30
days thereafter. r
Wif U41L3 mitt AIVU I NuI ,, rghl L Yr �ye D Yromwrn tl Jw vey �.niei u7ninnl; •
THE POLICY o r...
S
S
85
1
2
3
d
5
6
7
8
9
Ldpwrs Title Insurance Orporation
Schedule A
OWNER'S POLICY
CASE NUMBER DATE OF POLICY AMOUNT OF INSURANCE POLICY NUMBER
THE POLICY NUMBER SHOWN
PCT-374-87 JUNE 29 1987 $ 170 000.00 ON THIS SCHEDULE MUST
AGREE WITH THE PREPRINTED 85-00-674040
@ 3: 11 P.M. NUMBERON THE COVERSHEET
1 . Name of Insured:
TORPEN CONSTRUCTION TRUST, A COLORADO GENARAL PARTNERSHIP
2- The estate or interest in the land described herein and which is covered by this policy is:
IN FEE SIMPLE
3. The estate or interest referred to herein is at Date of Policy vested in:
TORPEN CONSTRUCTION TRUST, A COLORADO GENERAL PARTNERSHIP
4. The land referred to in this policy is described as follows:
PARCEL A: LOT 13 and LOT 14, except that part described in Book 281 at Page 351,
BLOCK 1, RIVERSIDE ADDITION TO THE CITY AND TOWNSITE OF ASPEN,
PARCEL B: EAST 12 FEET OF LOT 0 AND ALL OF LOT P,
BLOCK 25, EAST ASPEN ADDITION TO THE CITY AND TOWNSITE OF ASPEN,
PARCEL C: A TRACT OF LAND SITUATED IN TRACTS I AND H AS SHOWN ON A PLAT FILED AS
DOCUMENT NUMBER 112585, PITKIN COUNTY RECORDS, BEING PART OF THE JENNIE
V. LODE, U.S.M.S. 5310 DESCRIBED AS FOLLOWS: Beginning at a Corner No. 3
Riverside Placer U.S.M.S. NO. 3905 AM (1954 Brass Cap in Place), thence
S89046' E 25.80 ft., thence N 75d09' W 26.66 ft., thence S 00*14' W 6.73
ft., to the point of beginning.
ALL IN THE COUNTY OF PITKIN,
STATE OF COLORADO.
PITK
;Z";X-
kyeni
Pitkin County Title, Inc.
601 E. Hopkins (303)925-1766
Aspen, Colorado 81611
Issued at [Location)
Policy
2/79) / /This Policy is Invalid unless the cover sheet
,Lgwyem rule Insurance G Joration • OWNER'S POLICY
CASE NUMBER DATE OF POLICY THE POLICY NUMBER SHOWN ON THIS SCHEDULE POLICY NUMBER
MUST AGREE WITH THE PREPRINTED NUMBER
PCT-374-87 J[lNE 29, 1987 ON THE COVER SHEET 85-00-674040
Schedule S
This policy does not insure against loss or damage by reason of the following:
t . Rights or claims of parties in possession not shown by the public records.
2. Easements, or claims of easements, not shown by the public record.
3. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, and any facts which a correct survey and inspection
of the premises would disclose and which are not shown by the public records.
4. Any lien, or right to a lien, for services, labor, or material heretofore or hereafter furnished, imposed by law and not shown by the
public records.
5. Unpatented mining claims; reservations or exceptions in patents or in Act authorizing the issuance thereof; water rights, claims
or title to water.
6. Taxes for 1987 not yet due or nnyable.
7. Right of the proprietor of a vein or lode to extract and remove his ore
therefrom should the same be found to penetrate subject property, and
right of way for ditches and canals constructed by the Authority of the
United States, all as reserved in United States Patent recorded October
21, 1955 in Book 130 at Page 545, and as reserved in Patent recorded
.tune 17, 1949 in Book 175 at Page 246, Book 185 at Page 69.
9. Easement and right of way as set forth in instrument recorded November 05,
1962 in Book 199 at Page 535.
Policy 85 Rockv Mt. IRev. 2. 791 Litho in t1 R A
CONDITIONS AND STIPULATIONS —CONTINUED
7. Limitation of Liability
No claim shall arise or be maintainable under this policy (a) if the
Company, after having received notice of an alleged defect, lien or
encumbrance insured against hereunder, by litigation or otherwise,
removes such defect, lien or encumbrance or establishes the title, as
insured, within a reasonable time after receipt of such notice; (b) in the
event of litigation until there has been a final determination by a court of
competent jurisdiction, and disposition of all appeals therefrom, adverse
to the title, as insured, as provided in paragraph 3 hereof; or (c) for liability
voluntarily assumed by an insured in settling any claim or suit without
prior written consent of the Company.
8. Reduction of Liability
All payments under this policy, except payments made for costs,
attorneys' fees and expenses, shall reduce the amount of the insurance
pro canto. No payment shall be made without producing this policy for
endorsement of such payment unless the policy be lost or destroyed, in
which case proof of such loss or destruction shall be furnished to the
satisfaction of the Company.
9. Liability Noncumulative
It is expressly understood that the amount of insurance under this
policy shall be reduced by any amount the Company may pay under any
policy insuring either (a) a mortgage shown or referred to in Schedule B
hereof which is a lien on the estate or interest covered by this policy, or (b)
a mortgage hereafter executed by an insured which is a charge or lien on
the estate or interest described or referred to in Schedule A, and the
amount so paid shall be deemed a payment under this policy. The
Company shall have the option to apply to the payment of any such
mortgages any amount that otherwise would be payable hereunder to the
insured owner of the estate or interest covered by this policy and the
amount so paid shall be deemed a payment under this policy to said
insured owner
10- Apportionment
If the land described in Schedule A consists of two or more parcels
which are not used as a single site, and a loss is established affecting one
or more of said parcels but not all, the loss shall be computed and settled
on a pro rata basis as if the amount of insurance under this policy was
divided pro rata as to the value on Date of Policy of each separate parcel to
the whole, exclusive of any improvements made subsequent to Date of
Policy, unless a liability or value has otherwise been agreed upon as to
each such parcel by the Company and the insured at the time of the
issuance of this policy and shown by an express statement herein or by an
endorsement attached hereto.
11 . Subrogation Upon Payment or Settlement
Whenever the Company shall have settled a claim under this policy, all
right of subrogation shall vest in the Company unaffected by any act of the
insured claimant. The Company shall be subrogated to and be entitled to
all rights and remedies which such insured claimant would have had
against any person or property in respect to such claim had this policy not
been issued, and if requested by the Company, such insured claimant
shall transfer to the Company all rights and remedies against any person
or property necessary in order to perfect such right of subrogation and
shall permit the Company to use the name of such insured claimant in any
transaction or litigation involving such rights or remedies. If the payment
does not cover the loss of such insured claimant, the Company shall be
subrogated to such rights and remedies in the proportion which said
payment bears to the amount of said loss. If loss should result from any
act of such insured claimant, such act shall not void this policy, but the
Company, in that event, shall be required to pay only that part of any
losses insured against hereunder which shall exceed the amount, if any,
lost to the Company be reason of the impairment of the right of
subrogation.
12. Liability Limited to this Policy
This instrument together with all endorsements and other instruments,
if any, attached hereto by the Company is the entire policy and contract
between the insured and the Company.
Any claim of loss or damage, whether or not based on negligence, and
which arises out of the status of the title to the estate or interest covered
hereby or any action asserting such claim, shall be Testricted to the
provisions and conditions and stipulations of this policy.
No amendment of or endorsement to this policy can be made except by
writing endorsed hereon or attached hereto signed by either the
President, a Vice President, the Secretary, an Assistant Secretary, or
validating officer or authorized signatory of the Company.
13. Notices, Where Sent
All notices required to be given the Company and any statement in
writing required to be furnished the Company shall include the number of
this policy and shall be addressed to its Corporate Headquarters, 6630
West Broad Street, mailing address: P.O. Box 27567, Richmond,
Virginia 23261.
Lawyers Title Insurance Corporation
National Headquarters — Richmond, Virginia
d �
Service available throughout the
United States, Canada, Puerto •.�
Rico, the Bahamas, and the U.S.
Virgin Islands. e
National Division, Branch and
Agency offices and Approved
Attorneys are located throughout
the operating territory.
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Lawyers Title Insurance Corporation
National Headquarters — Richmond, Virginia
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A word of thanks to our insured .....
As we make your policy a part of our permanent records, we want to express our
appreciation of this evidence of your faith in Lawyers Title Insurance Corporation.
There is no recurring premium.
This policy provides valuable title protection and we suggest you keep it in a safe
place where it will be readily available for future reference.
If you have any questions about the protection provided by this policy or wish to
contact us for any other reason, contact the office that issued your policy or you
may write to:
Consumer Affairs Department
Lawyers Title Insurance (�rporalion
P.O. Box 27567
Richmond, Virginia 23261
C
•
AUSTIN & JORDAN
Attorneys At Law
600 East Hopkins Avenue
Suite 205
Ronald D. Austin Aspen, Colorado 81611
William R. Jordan III
Gray A. Young
Frederick F. Peirce December 16, 1987
Ted D. Gardenswartz
Mr. Steve Burstein
Aspen/Pitkin Planning Office
130 South Galena Street
Aspen, CO 81611
a�
DEC 1 61987
HAND DELIVERED
RE: Torpen Condominiums Request for Waiver
of Six Month Deed Restriction
Dear Steve:
Telephone (303) 925-2600
FAX (303) 925-4720
Pursuant to our telephone conversation this
morning, I enclose for your information and use a vicinity
map prepared for another land use application submitted by
this firm several years ago, showing condominium properties
in the immediate neighborhood of the Torpen Condominiums. I
also have included for your use an ownership list of
neighborhood properties that is of the same vintage. I have
no doubt that there have been some ownership changes, but I
think both documents are still fairly accurate.
To reiterate our position, it is our understanding
that Riverview Condominiums, which is the closest property to
the project, is totally unrestricted and has units that have
been and continue to be rented on the short-term market.
Your investigation has confirmed this, although it is
presently not clear exactly how much of the complex is
actually being rented short-term. I will try to follow up
with additional information on the Riverview as soon as
possible.
The other major condominium complexes in the area
that are unrestricted, according to information presently
available to us, are the Queen Victoria, the Gavilon, the
Chateau Blanc, the Chateau Eue Clair, the East Hopkins
Condominiums and the Original Curve Condominiums. In
addition, the Mountain House bed and breakfast located at 905
East Hopkins Avenue is run as a lodge, obviously a short-term
use. There also are, of course, single family homes and
duplexes interspersed among the larger condominium complexes
described above, the bulk of which are not deed -restricted to
a six-month minimum lease, due to the fact that most of those
structures pre -date the six-month deed restriction. Any
0
AUSTIN & JORDAN
Attorneys At Law
Mr. Steve Burstein
December 16, 1987
Page 2
conclusion you might have drawn that all the single family
residences in this neighborhood have been used for long-term
rental or owner occupancy only would be an erroneous
conclusion. A good example is the single family residence
that was located at 822 East Hyman, previously owned by
Mr. Jay Hammond (not the City Engineer). This firm
represents the current owner of the property and we have
reliable information that the residence has been short -termed
in recent years.
It is a fact that the predominant residential
structure of the neighborhood immediately surrounding the
Torpen project is condominium complexes that are available
for short-term rental. It is also a fact that a number of
short-term rentals do occur in those complexes. As noted,
we are aware of at least one single family residence in the
neighborhood that has also been short -termed, and we think it
is likely that other single family residences and duplexes in
the area are rented on the short-term market. We therefore
believe that waiver of the six-month deed restriction is
appropriate for this project, and we would request the
Planning Office to take that position.
I understand from our conversation today that you
must prepare your planning memorandum prior to our being able
to discuss the matter with Glen Horn, who conducted Torpen's
pre -application conference and indicated that a waiver of the
six-month deed restriction was very possible. I would
appreciate it if, regardless of the Planning Office's
ultimate recommendations regarding the waiver, you, Glen and
I and perhaps the applicant could meet for a very short time
on Thursday or Friday to discuss the ramifications of the
waiver issue and the criteria that have been developed by
your staff and City Council within the last couple of weeks
relating to the deed restriction waiver issue.
Sincerely,
AUSTIN & JORDAN
By
Ge-ay Young
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Enclosure
cc: Max Steinkopf, Esq.
Jeff Costley
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1• Block 31, Lots A,B--Columbine Condominiums
Columbine Condominium Association
c/o Robert Orr, f).D :�E>
Riverview Associates
1202 - 420 E. Main Street
Aspen, Co 81611
Unit 1- Edward M. Jr./Holly Jean Sullivan
Box 1324, Aspen, Co
2- Angus Anderson
Box 557, Aspen, Co
3- Richard H./Susan N. Grice
Box 8996, Aspen, Co
4- Stephen C. LaMar
Box 4766, Aspen, Co
5- Gerald A. Krans
Box 1592, Aspen, Co
2. Block 31, Lot C-- 811 E. Hopkins (residence)
Robert D. Wells
Aspen View 1308
140 N. Midland, Aspen, Co
3. Block 31, Lots D,E,F-- 819 E. Hopkins (residence)
Raymond W./Jessie J. Bates
Box 472, Aspen, Co
4. Block 28, Lot S (RCS)-- 728 E. Hopkins (residence)
Donald S./Dorla J. Westerlind
Box 927, Aspen, Co
5. Block 32, Lots A,B, W. k of C-- 901 E. Hopkins
(residence)
Emma Louise Strong
Box 263, Aspen, Co
6. Block 32, E. k of C + all of Lot D-- 905 E. Hopkins
(residence)
John R. Werning
905 E. Hopkins, Aspen, Co
7. Block 32, Lots E,F-- Pioneer Condominiums, 915 E.
Hopkins
Pioneer Condominium Association
c/o A.E.M. Partnership '
Box 301, Aspen, Co 81612
Unit 1- GeorgeAnn Waggaman
Box 4604, Aspen, Co
2- AEM Partnership
Box 301, Aspen, Co
3- Joan G. Knapp/William B. Gorence
•
s
Box 301, Aspen, Co
4- George J. McGrath/Janet McGrath Jones
Box 301, Aspen, Co
5 -
482 Pierce
Birmingham, M - ,48011 ,
6- Kenneth McIntyre
Box 301, Aspen, Co
7- Andrew/Lena Meleg
Box 301, Aspen, Co
8- William W./Patricia Boyd
Box 301, Aspen, Co
8. Block 32, Lot G (G,H,I)-- Gavilon Condominiums,
935 E. Hopkins
Gavilon Condominium Association
c/o Jim Martim
Aspen Properties
Box 10502, Aspen, Co
Unit 1- Chris/Lauren Cassatt
Box 3711, Aspen, Co
2- Dorothy A. Kelleher
Box 1, 1215 Riverside Ave.
Aspen, Co
3- Joyce Murray
Box 352, Aspen, Co
4- Phyllis Kenny
935 E. Hopkins, #4
5- Leslie A./Sandra B. Scott
5002 Killerbrew Dr.
Annandale, VI 22003
6- Harvey I. Weiner
Box 9741, Aspen, Co
7- Howard J. Feinberg
Box 600 500
N. Miami Beach, FL 33160
8- Sandra Stuller
Box 2584, Aspen, Co
9- Victor E./Barbara A. Rimes
Box 10502, Aspen, Co
10- Marshall Sclarow, Trustee
Box 1933, Aspen, Co
11- William H.T. Murray, M.D.
Box 352, Aspen, Co
12- Todd Stadheim
310 Bonnie Brae Blvd.
Denver, CO 80209
9. Block 32, Lots K,L,M-- 906 E. Hyman Avenue
(4 apartments)
2
0
0
Karen V./Heinz E. Coordes
233 W. Main Street, Aspen, Co
10. Block 32, Lot N-- 920 E. Hyman (residence)
Edward H./Michael P. Hubbard
Box 135, Aspen, Co
11. Block 32, Lot 0-- 940 E. Hyman (residence)
Laurence S./Aubrey K. Searcy
308 Geneseo Road
San Antonio, TX 78209
12. Block 32, Lots P,Q-- Aspen East Condominiums
980 E. Hyman Avenue
Aspen East Condominium Association
c/o Aspen Properties
Box 10502, Aspen, Co
or possibly,
Robert G. Stevens
Box 1147, Aspen, Co 81612
Unit 1- Morton E./Susan Gurrentz
Box V, Aspen, Co
2- Charles R./Jeanne R. Wichman
Box 656
Honolulu, HI 96809
3- Roy B./Elizabeth J. Kern
980 E. Hopkins, #3
4- Carol Loewenstern
#227, 3700 W. Clay Avenue
Houston, TX 77006
5- Jerome/David Michael
501 E. Hyman Avenue
Aspen, Co
13. Block 27, Lots K,L,M,N,O-- Larkspur Condominiums
800 E. Hopkins
Larkspur Condominium Association
c/o Marie Timms
Unit A-2, 800 E. Hopkins
or possibly,
c/o House Care, Inc.
Mason & Morse
Box Q, Aspen, Co
Unit A-1 Judith E. Anderson
Box 910, Aspen, Co
A-2 Avery J./Marie J. Timms '
A-2, 800 E. Hopkins
A-3 Bob J. Scarborough
Box 4709, Aspen, Co
A-4 Theodore Haftel/Howard Parkin
873 Emerald Trail
Martinsville, NJ 08836
3
A-5 Delphinium Assoc.
c/o Lidell, Sap, Etc.
500 Gulf Bldg.
Houston, TX 77002
B-1 Jorge E. Kopper/Victoria E. Orlich
c/o Don Fleisher Co., Inc.
620 E. Hopkins, Aspen, Co
B-2 Dennis E. Nixon/Ricardo E. Longoria
Box 1359
Laredo, TX 78040
B-3 Eugene Siegel
800 E. Hopkins, B-3
B-4 Harold A. Thau
Suite 500, 1234 Summer St.
Stamford, CT 06905
B-5 Vahe Hovsepian
1871 Mt. Olympus Dr.
Los Angeles, CA 90046
14. Block 27, Lots P,Q,R,S-- Centennial Park
Condominiums, 830 E. Hopkins
Centennial Park Condominium Association
c/o Bayard E. Hovdesven, William W./
Patricia Boyd, Gregory B. Cole
Box 3810, Aspen, Co
Unit 101 Charles E. Hall
Box 10122, Aspen, Co
102 William W./Patricia Boyd
Box 301
Aspen, Co
103 Thomas J. Nixon
2035 Montrose
Thousand Oaks, CA 91360
201 Ermanno/Aida Masini
830 E. Hopkins, #201
202 Robert Blauman
31 Warwick Blvd.
Island Park
Long Island, NY 11558
203 Earl M. Harter, Jr.
2800 Youree Dr.
Shreveport, LA 71104
301 Glenn Frey
Suite 900
1880 Century Park East
Los Angeles, CA 90067
302 David S. Wilson '
Route 3, Box 90
Moneta, VI 24121
303 Full Moon Ltd.
c/o Laughlin Assoc., Inc.
Suite 205, 2527 N. Carson St.
Carson City, NV 89701
4
0 0
15. Block 27, W. 45' of West End Street adjacent
to Lot S (residence) 898 E. Hopkins
Walter H. Strong, Trustee
898 E. Hopkins, Aspen, Co
16. Block 27, N. k of B1. 27 (Main Street off of
Original) (residence)
Stephen M. Peterhaus
3415 Briestown Ct.
Walnut Creek, CA 94598
17. Block 26, Lots K,L,M & M/B in West End Street,
Mountain River Manor, 900 E. Hopkins
Mountain River Manor Condominium Association
c/o James Mollica
300 E. Hyman Avenue
Aspen, Co
Unit 1- Henry A. Hoban
1907 Selby Ave., #5
Los Angeles, CA 90025
2- Jim Mollica
300 E. Hyman Avenue
3- Jim Mollica
300 E. Hyman Avenue
4- Robert E. Carpenter
Box 4136, Aspen, Co
5- H. Wayne/Sidney C. Anderson
3617 Quail Creek Rd.
Oklahoma City, OK 73120
6- Elizabeth Racek
131 Baltic Ave., If11A
Aspen, Co
7- Stephen/Linda M. Connolly
Joseph B. Connolly
900 E. Hopkins, #7
8- Edward Hoban
Box 488, Snowmass Co 81654
9- Jim Mollica
300 E. Hyman Avenue
10- Jim Mollica.
300 E. Hyman Avenue
11- Randal Gold
Box 9813, Aspen, Co
12- Carolyn L. Parker/Linda Richmond/Joan
Dziesvis/Francis Laivhorne
Box 3863, Aspen, Co
13- Barney Oldfield
900 E. Hopkins, #13
14- Rose 0. Hecker
3952 Beard Ave. S.
Minneapolis, MN 55410
15- SCIH Partnership
c/o Genther Wycoff Group
5
0 0
469 S. Cherry St., Suite 100
Denver, CO 80222
16- Barney Oldfield
900 E. Hopkins, #13
18. Block 26, Lots N,O,P-- Queen Victoria Condominiums
Queen Victoria Condominium Association
c/o Ralph Ashley
Box 3932, Aspen, Co
Unit 01- Ralph C./Ernestine T. Ashley
Box 3932, Aspen, Co
101 Tracy Keenan Wynn
c/o Charles Goldberg
9044 Melrose Avenue, #101
Los Angeles, CA 90069
102 Weissman Enterprises Co.
Box 8421, Aspen, Co
103 Philip E. Diamond
450 Pacific Avenue
San Francisco, CA 94133
104 Jerry G. Brassfield
Rt. 1, Box 302
Easton, MD 21601
201 Garth G. Gilpin/James T. Martin
Box 10502, Aspen, Co
202 Richard Grimes
Box 10306, Aspen, Co
204 2:0:1 Thomas C . Oken
Box 8068, Aspen, Co
203 k06EeT L EN-(Z m
af�4 L. k 8a94) 45PEM , o.
301 Stanley R./Kandi L. Shaffran
Box 1516, Aspen, Co
302 P.L.& A., Inc.
2201 N. 85th Ave.
Omaha, NB 68124
303 Melinda S. Norton
727 N. Highland St.
Arlingotn, VI 22201
304 Jerry D. Southland/Raymond F. Colony
Box 1428, Aspen, Co
19. Block 35, Lot D (E,F,G)-- 923 E. Hyman (residence)
Frank A./Hazel A. Loushin
Box 582, Aspen, Co '
20. Block 35, Lots A,B,C-- Chateau Blanc, 901 E. Hyman
Chateau Blanc Condominium Association
c/o Coates, Reid & Waldron
720 E. Hyman Avenue, Aspen, Co
Unit 1- Pawnee Plastics, Inc.
1444 S. Tyler Rd.
6
0
r1
L_-A
Wichita, KS 67209
2- Cosbay Realty Co.
15 - 10C 130th St.
College Point, NY 11356
3- Robert S./Elizabeth J. Sherman
3�0 N. Delaplaine Rd.
1VE05106) 1L , &0cV
4- Archie M. Frame/Charles I. Skipsey, Jr.
Volcan 205, 1st Floor
Mexico 10, D.F. Mexico
5- John P./Sandra H. Finnegan
84 Rolling Ridge
New Canaan, CT 06890
6- Vincent J. Howard/Maurice Decker
506 N. Union
Tecumseh, MI 49286
7- E.F./S.B. Sutkowski
R.E./J.S. Carver
4755 Grand View Dr.
Peoria, IL 61614
8- James L. Sherman
James R./Judith W. Laughlin
4032 Linden Ave.
Western Springs, IL 60558
9- Ronald Rushneck, Jr.
Gary/Susan Rushneck
480 S. Broadway
Tarrytown, NY 10591
10- Carlos A./Amelia 11. Abel
4905 Hale Parkway
Denver, CO 80220
11- Dorothy Kelleher
Box 1, Aspen, Co
12- James L. Sherman
James R./Judith W. Laughlin
4032 Linden Ave.
Western Springs, IL 60558
13- Walter/Friederike Stenger
1631 Prince of Wales Dr.
Ottawa, Ontario, Canada 0
14- T. Gerald, Jr./Patricia D. Magner
73 Indian Hill Rd.
Winnetka, I1 60093
15- Alef Corp.
Box 3333, Aspen, Co
21. Block 104, Lot H (G,H)-- 727 E. Hopkins
(residence)
Daryl Burns
649 S. Monroe Way
Denver, CO 80209
22. Block 104, Lot I-- 729 E. Hopkins
Jack D./Eloise H. Ilgen
7
0 •
729 E. Hopkins
23. Block 104, Lots R,S (Q,R,S)-- Aspen Athletic
Club Condominiums, 720 E. Hyman Avenue
Aspen Athletic Club Condominium Association
c/o C.D.E.S. Partnership
Box 4949,
Aspen, Co
24. Block 110, Lots K,L-- Chatelet Condominiums, 250
Original Street
Chatelet Condominium Association
c/o Neil Bennett
Box 9937, Aspen, Co
or possibly,
Ron Timroth
3014 Deans Drive
Colorado Springs, Co
Unit A- Madeline Lief
Box 4062, Aspen, Co
B- lst Nat'l Bank Grand Junction, Trustee
Box 608
Grand Junction, CO 81501
C- Jeanne C. Roth
224 North Star Street
Dover, Delaware 19901
D- Joseph J. Jenkins
729 Academy St.
Kalamazoo, MI 49007
E- Jack M., Jr./Charlotte S. Walls
Box 29, Aspen, Co
F- Gary/Richard Berger
Box 206
Drake, CO 80515
G- Mary Ann Mitchell
250 S. Original Street, #G
Aspen, Co
25. Block 110, Lots M,N-- 820 E. Hyman Ave.
Joseph W./Barbara J. Popish
Box 563, Aspen, Co
26. Block 31, Lots O,P-- 822 E. Hyman Ave.
J.W. Hammond
16800 Dallas Parkway
Dallas, TX 75248
27. Block 111, Lots A,B,C,D-- 801 E. Hyman
Elsie J. Snyder
801 E. Hyman Avenue
28. Block 111, Lots E,F-- Mountain View Condominiums,
819 E. Hyman
Mountain View Condominium Association
c/o Rosemary Krans
i
819 E. Hyman Avenue
Unit 1- A. Jason Densmore, III
Box 8519, Aspen, Co
2- Patricia M. Seifert
Box 2262, Aspen, Co
3- Michael A./Diane E. Craig
Box 783, Aspen, Co
4- Mary Webster/Lis Sorensen
Box 4052, Aspen, Co
5- Gerald A. Krans
Box 1592, Aspen, Co
6- Gerald A./Annette C. Krans
Box 1592, Aspen, Co
7- Melton/Linda Zale
2536 N. Halsted St.
Chicago, IL 60613
8- Penelope R.M. Simple
3035 Calla Dr.
Santa Cruz, CA 95062
29. Block 111, Lots G,H,I--Hy-West Condominiums
835 E. Hyman Avenue
Hy -West Condominium Association
c/o Kathy DeWolfe
835 E. Hopkins, #C
Aspen, Co
Unit A- Sally C. Road
Box 949, Aspen, Co
B- Robert K. Rudman
835 E. Hyman, #B
C- Daniel G./Kathleen DeWolfe
835 E. Hyman, #C
D- Michaela Game
Box 3835, Aspen, Co
E- Betty Weiss
#14E, 100 E. Bellevue
Chicago, IL 60611
F- Michael V./Gloria A. Goldman
62 W. Graconda Way
Tuscon, AZ 85704
G- Robert Hewitt
938 Canterbury Siding
Laurel, MD 20810
H- Marsden L./Lavon I. Wilhelms '
927 Randolph Ave.
Rifle, Co 81650
I- John/Marjorie M. Hayes
Box 407, Aspen, CO
J- George H./Betty S. Murphy
1258 Ridgeway Dr.
Sacramento, CA 95813
9
0
•
K- Dr. Donald J./Marian G. Erickson
1102 Plummer Circle
Rochester, MN 55901
L- E. Sawyer Smith, Jr.
685 E. Cooper
Aspen, Co
10
0
CITY OF ASPEN
130.south, galena -street
aspen;-colorado 81611
303-925 -2020
LAND USE APPLICATION FORM
NAME TORPEN CONSTRUCTION TRUST, a Colorado
NOV 2 0 1981
wi
DATE SUBMITTED November 20, 1987
$405.00 Planning Fee
FEES 80.00 Referral Fee
$485.00
ral partnership
ADDRESS c/o Shannon Grady, a general partner, P.O. Box 1904, 715 W. Main St., Aspen, CO
11
PHONE 925_-2600 - Austin & Jordan, attorneys for project; 925-6554 - James J. Costley,
Project Manager
NAME OF PROJECT Torpen Condominiums
PRESENT ZONING RMF
LOT SIZE 7,818 sq. ft.
LOCATION 1018 E. Hopkins Ave., Aspen, Colorado
(indicate street address, lot and block number. May require legal
description. A vicinity map is very useful.)
2,040+ living space
CURRENT BUILD -OUT _per unit sq. ft. two units
PROPOSED BUILD -OUT N.A. sq. ft. N.A. units
DESCRIPTION OF EXISTING USES The subject property contains a newly -constructed two-story
frame duplex, containing two separate single family residential units. The improvements
were constructed on vacant land.
DESCRIPTION OF LAND USE PROPOSAL The applicant requests approval of the condominiumization
of a newly -constructed two-story frame duplex to create two separate single-family
residential condominium units. Please see attached letter for additional details of
Rrsi x
TYPE OF APPLICATION _Subdivision Exception to Condominiumize New Duplex
Section 20-19 (Subdivision Exception)
APPLICABLE CODE SECTION (S) Section 20-22 (Condominiumization)
PLAT AMENDMENT REQUIRED
YES X
DATE PRE -APPLICATION CONFERENCE COMPLETED _ 9/23/87
NO
ATTACHMENTS: 1. All applicants must supply Proof of Ownership in the form of a
title insurance commitment or statement from an attorney indicating
that he/she has researched the title and verifies that the applicant
is the owner of the property (free of liens and eucumbrances.)
2. If the process requires a public hearing, a Property Owner's List
must be supplied which gives all owners within 300 feet in all
directions in some cases and adjacent owners in some cases.
3. Number of copies required (by code and/or in pre -application
conference.) Five per Glenn Horn
4. Plat by Registered Surveyor X Yes No
SUBMITTE
AUSTIN AN
By:
ay Dung
MEMORANDUM
TO: City Attorney
City Engineer
FROM: Steve Burstein, Planning Office
RE: Torpen Condominiumization
Parcel ID# 2737-181-25-003
DATE: November 24, 1987
Attached for your review and comments is an application submitted
by Gray Young on behalf of his client, Shannon Grady requesting
Condominiumization approval to a newly -constructed two-story
frame duplex to create two separate single-family residential
condominium units. The property is 7,818 sq. ft., zoned RMF and
is located at 1018 E. Hopkins Avenue.
Please review this material and return your comments to this
office no later than December 14, 1987 in order for this office
to have adequate time to prepare for its presentation before City
Council.
Thank you.
.. ... . . ._ _..,...:..:.:,y,..:.:..�<,�.:.:......�..v.ne..v...:.:uu.•uu:�_.:.wwvvvuuvvwvu uuwacuwwvwuu.+ww.
CASELOAD SUMMARY SHEET
City of Aspen
DATE RECEIVED-/2,40ZIEZ
DATE COMPLETE:
PROJECT NAME:
Project Addre
APPLICANT:
Applicant
REPRESENTATIVE: r�
Representative Addres / one:
TYPE OF APPLICATION:
PAID: YES NO AMOUNT: zit �S,y
1 STEP APPLICATION:
P&Z MEETING DATE:
DATE REFERRED:
1 ,Z STEP APPLICATION:
QMEETING DATE:
DATE REFERRED: - T
PARCE ID AND CASE NO.
STAFF MEMBER: !7
PUBLIC HEARING: YES NO
INITIALS:
PUBLIC HEARING: YES NO
INITIALS:
RE FE LS:
7City Attorney
Mtn. Bell
School District
City Engineer
Parks Dept.
Rocky Mtn Nat Gas
Housing Dir.
Holy Cross
State Hwy Dept(GW)
Aspen Water
Fire Marshall
State Hwy Dept(GJ)
City Electric
Fire Chief
B1dg:Zon/Inspect
Envir. Hlth.
Roaring Fork
Roaring Fork
Aspen Consol.
Transit
Energy Center
S.D.
Other
FINAL ROUTING: DATE ROUTED: INITIAL:
City Atty City Engineer Bldg. Dept.
Other:
FILE STATUS AND LOCATION:
................................................,.,...................,... ,.......,.,ouuu.muoouuunuaaawa»xu: x»aw..uuuouaa u uasww
• 6
ASPEN/PITKIN PLANNING OFFICE
130 S- Galena Street
Aspen, 00 81611
(303-) 92 S-20Q20
Date: j D�- �q
L:
Lie ,0 &yu
Dea r
This is to inform you that the Planning Office has completed its
preliminary review of the captioned application. We have determined
that your application IS sW complete.
Additional items required include:
Disclosure of Ownership (one copy only needed)
Adjacent Property Owners List/Envelopes/Postage (one copy)
Additional copies of entire application
Authorization by owner for representative to submit applica-
tio n
Response to list of items (attached/below) demonstrating
compliance with the applicable policies and regulations of the
Code, or other specific materials
A check in the amount of $
✓ A. Your
application is mp -ete and
we have scheduled
it for
review by the
lL�
on Z-2
We will
call
you if we
need any, additional
information prior
to that
date.
Several
days prior to your
hearing, we will call and
make
available
a copy of the memorandum. Please note
that it
IS NOT your
responsibility to
post your property
with a
sign,
which we
can provide you for a $3.00 fee.
B. Your application is incomplete, we have not scheduled it
review at this time. When we receive the materials we have
requested, we will place you on the next available agenda.
If you have any questions, please call
the planner assigned to your case_
Sincerely,
A PIN/P RIN PLANNING OFFICE
C01VD0M11V1UM MAP of the TORPEN DUPLEX
1018 EAST HOPKINS AVENUE ASPEN, COLORADO
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SHEET INDEX
Sheet 1 Site Plan; Certificates and Approvals
Sheet 2 Floor Plans - Units A & B
Sheet 3 Cross Sections - Units A & B
Legal Description
Parcel A: Lot 13 and Lot 14, except that part described in Book 281 at Page 351, Block 1, Riverside
Addition to the City and Townsite of Aspen,
Parcel B: East 12 feet of Lot 0 and all of Lot P, Block 25, East Aspen Addition to the City and
Townsite cf Aspen,
Parcel C: A tract of land situated in Tracts 1 and H as shown on a plat filed as Document No.
112585, Pitkin County records, being part of the Jennie V. Lode, U.S.M.S. 5310 described
as follows: Beginning at Corner No. 3 Riverside Placer U.S.M.S. No. 3905 AM (1954 Brass
Cap in place), thence S 89146' E 25.80 feet; thence N 75°09' W 26.66 feet; thence S 00o
14' W 6.73 feet to the point of beginning,
ALL IN THE COUNTY OF PITKIN
STATE OF COLORADO
Owner's Certificate
Torpen Construction Trust, as owner of all that real property described hereon in the City of Aspe
Pitkin County, Colorado, hereby certifies that this Plat of the Torpen Duplex Condominium Mapping
has been prepared pursuant to the purposes stated in the Condominium Declarations for said Condo-•
miniumization of the Torpen Duplex recorded in Book at Page of the records
of the Clerk and Recorder of the County of Pitkin, S't-R-e-7 Colorado.
By:
STATE OF COLORADO )
ss.
COUNTY OF PITKIN )
The foregoing certificate was acknowledged before me this day of A.U. 19N7
by
WITNESS MY HAND AND OFFICIAL SEAL
My commission expires`
Surveyor's Certificate
I, Sydney Lincicome, a registered land surveyor lice,,e(l undE,r the law,, of th(- taLe ud Colorado,
do hereby certify that a survey was conducted by me and under my direct supervision of the liarcel
of land described hereon, and that a substantially completed two-story frame duplex was found to
be on said parcel as shown on this plat. The location and dimensions of the boundary lines,
buildings and improvements in evidence or known to me are accurately shown on this map, and the
map accurately and substantially depicts the layout, location and the horizontal and vertical
measurements of the building, the condominium units therein, the unit designations thereof, thw
dimensions of said units, and the elevations of the finished floors and ceilings.
Date:
Sydney LinclCome `-�
STATE OF COLORADO )
ss.
COUNTY OF GARFIELD )
The foregoing Surveyor's Certificate was acknowledged before me this day of
A.D. 1987 by Sydney Lincicome.
WITNESS MY HAND AND OFFICIAL SEAL
Notary Public
My commission expires:
Aspen City Council Approval
This Plat of the Torpen Duplex Condominium Mapping, City of Aspen, County of Pitkin, State of
Colorado, was approved on the day of A.D. 1987 and signed this day
of A.D. 'I73
ATTEST:
City erMayor
City Engineer's Approval
This Plat of the Torpen Duplex Condominium Mapping, City of Aspen, Pitkin County, Colorado, war.
approved by the City of Aspen Department of Engineering this day of
A.D. 1987.
City Engineer -
Clerk and Recorder's Certificate
This Plat of the Torpen Duplex Condominium Mapping, City of Aspen, Pitkin County, Colorado, is
accepted for filing in the Office of the Clerk and Recorder of Pitkin County, Colorado, at
this day of A.D. 1987 in Plat Book at Pave Reception —
No.
UlFrK and Recoropr
Mortgagee's Certificate
The undersigned, on behalf of the First National Bank of Salida, Colorado, as holder of a Deed of
Trust and Security Agreement encumbering the real property upon which Torpen Condominiums is situ-
ated, hereby consents to the filing for record of this Condominium Map.
By:
First National Bankof Salida
STATE OF COLOARDO )
ss.
COUNTY OF )
The foregoing Mortgagee's Certificate was acknowledged before me this day of
A.D. 1987 by
WITNESS MY HAND AND OFFICIAL SEAL.
My commission expires:
Notary Public 1
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