HomeMy WebLinkAboutcoa.lu.ec.1015 E Hyman Ave.1982
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ASPEN.PITKIN REGIONAL BUiLDINGi DEPARTMENT
M E M 0 RAN DUM
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TO: Paul Taddune, City Attorney
FROM: Bi 11 Drueding, Building Department .;JJD
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DATE: Ap ri 1 6, 1982
RE: Vi ncenti Building, 10 15 E. Hyman
Vincenti went through special review to develop a 9,000 sq. ft. lot,
condominiumized with free market and employee units. The property,
Block 34, Lots E, F, and G, are located in the R/MF zone.
On July 28, 1980, Clayton Meyring issued Building Permit #2968. The
permit was for a duplex shcwling the size of the building as 4568 sq.ft.
with 2,016 sq.ft. of basement. His calculations verify this. I' '''\''''
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On October 14, 1981, Meyring issued Building Permit #4355 for t~p t~i~lex
construction showing the size of the building as 3,940 sq.ft. with a 414
sq.ft. garage. The basement area in the unit is employee housing with the
proper light and ventilation, and therefore calculated properly in the
3,940 sq.ft. FAR. The triplex, therefore, has a total FAR of 8,508 sq.ft.
On February 9, 1981, Paddock made an inspection of the duplex indicating
on his sheet that the "basement storage remains storage."
On November, 1981, the new owner t.10nty R. Thompson (part-owner) and Gi deon
Kaufman apparently came to Paddock who told him to add additional windows,
and he could finish the basement of some 800 sq.ft. (300 over any allowable
FAR). This appears to have been an error. Monty Thompson is under the
impression that he did everything with the proper permission. However,
the Permit #4783 was never paid for, and although it is signed for issuance,
it is not valid without payment. Thompson is adding a bath, bar sink, and
hot tub in the basement.
In summary, it appears Paddock was in error, and Thompson acted in good faith.
The final result will be an excess of approximately 300 sq.ft. over the total
9,000 sq.ft. buildout. We may request that Thompson reduce the finished
basement by the 300 sq.ft., and live with the added 500 sq.ft., or else place
him on record and leave it alone. In lieu of letting him pay the permit fee
and thus validating his permit, we could force removal, but we'll get sued
for sure.
Could you please give me a determination on this as soon as possible, so we
know whether to allow the work to continue, and thus increase our liability?
BD:cd
cc: Patsy Newbury
Hayne Chapman
506 East Main Street
Aspen. Colorado 81611
303/925-5973
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LAW OFFICES OF
GIDEON I. KAUFMAN
A P~OFESSIONAL CORPORATION
GIDEON I. KAUFMAN
BOX 10001
611 WEST MAIN STREET
ASPEN, COLORADO 81611
TELEPHONE
AREA CODE 303
925-8166
DAVID G. EISENSTEIN
December 16, 1982
Paul Taddune, Esq.
City Attorney
City of Aspen
130 South Galena Street
Aspen, Colorado 81611
Re: Vincenti Condominium
Dear Paul,
When the Vincenti Building Company recorded the
Supplemental Condominium Map for Vincenti Condominium in
Plat Book 13 at Page 13 and the Supplemental Condominium
Declaration for the Vincenti Condominium in Book 429 at Page
315, it was relying on a procedure approved by your
predecessor as City Attorney, Ron Stock. The recording of
the Supplemental Map and Declaration submitted three (3) GMP
approved employee housing and free market units to the
already existing condominium regime. The procedure approved
by the former City Attorney allowed a land owner-declarant
to supplement its Condominium Map for purposes of locating
new construction within an area previously approved for
future expansion so long as the original condominium had
been approved by the subdivision process and future
expansion was designated on the approved Condominium Plat.
The recording of the Supplemental Map and Declaration
for the Vincenti Condominium was done pursuant to that
previous policYl and, we were not aware of a present policy
of the City in which discretionary approvals had to be
obtained as a precondition to recording. As we are now
aware of that policy, I will not allow clients to record
condominium expansion documents without appropriate City
approval.
Because the recordations in question have already been
accomplished and were filed pursuant to procedures
authorized by the former City Attorney, the City's present
policy requiring additional subdivision approval prior to
recordation will not apply to the already recorded
Supplemental Condominium Map and Supplemental Condominium
Declaration of the Vincenti Condominium. I will therefore
be closing on one of the Vincenti Condominium employee units
next week.
,
Paul Taddune, Esq.
December 16, 1982
Page Two
Thank you very much for your consideration in this
matter. I am glad we have been able to work together to
resolve it.
Very truly yours,
LAW OFFICES OF GIDEON I. KAUFMAN,
a Professional Corporation
By
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DECLARATION OF COVENANTS
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VINCENTI BUILDING COMPANY, a Michigan Co-Partnership,
for itself, its successors and assigns, hereby covenants
with the City of Aspen, Pitkin County, Colorado that:
1. Vincenti Building Company is the owner of the
following described real property, to wit:
Condominium Unit 3, ~"
VINCENTI CONDOMINIUM, according to the
Supplemental Condominium Hap "thereof recorded
July 15, 1982, in Plat Book 13 at Page 73, and as
defined and described in the Condominium
Declaration for Vincenti Condominium recorded
September 9, 1981, in Book 413 at Page 742; and
Vincenti Condominium Supplemental Condominium
Declaration recorded July 15, 1982, in Book 429 at
Page 315. .
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This above-described real property shall hereinafter be
described as "the subject property."
2. The subject property shall not be r~ted or sold
except in accordance with rental terms and price guidelines
for "low income" employee housing established.-ll-)'- ,the City
Council of the City of Aspen as such guideli."es'may from
time to time be amended by the City Council, plus such
increases as are permitted by those guidelines.
3. The subject property shall be rented or sold only
to persons "qualified" for either low, moderate or middle
income employee housing, in accordance with guidelines
established by the City Council of the City of Aspen as such
guidelines may be from time to time amended and as such
persons are identified and qualified by the City Council of
the City of Aspen or its designee, pursuant to the City's
then existing qualification process for either low, moderate
or middle income employee housing.
4. The covenants contained herein shall run with the
land and shall be binding on all parties having any right,
title or interest in the above-described property or any
part thereof, and their representatives, successors and
assigns, for the period of fifty (50) years from the date
these covenants are recorded.
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5. None of the covenants contained herein shall be
released or waived in any respect or modified or amended
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.
6. In any legal proceeding to enforce the provisions
of these covenants, restrictions and conditions, the
prevailing party shall be entitled to recover its costs and
fees therein, including its reasonable attorney's fees and
expert witness fees.
IN WITNESS WHEREOF, this Declaration has been duly
executed this ~~ day of Octobe~, 1982.
VINCENTI BUILDING COMPANY,
a Michigan Co-Partnership
By
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as Designated Management
Committee Member and
Co-Partner of Vincenti
Building Company, a
Michigan Co-Partnership
ACCEPTED AND APPROVED
THE CITY OF ASPEN
By
Mayor
Attest..
City Clerk
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STATE OF MICHIGAN
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COUNTY OF OAKLAND
The foregoing instrument was acknowledged before me
this 22nd day of October, 1982, by Stanl~ M. Moffitt
as Designated Management Committee Member an Co-Partner of
Vincenti Building Company, a Michigan Co-Partnership.
Witness my hand and official seal.
My commission expires: August 17, 1986
My address is: 11130 Shadywood Dr., Brighton,MI
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(acting in
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County
Oakland)
STATE OF COLORADO
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COUNTY OF PITKIN
The foregoing instrument was acknowledged before me
this day of October, 1982, by
as and as
of the City of Aspen, Colorado.
Witness my hand and official seal.
My commission expires:
My address is:
Notary Public
APPROVED:
PAt/I, f. ~ ~ h, ;',
City Attorney for the ,. ,1,/\
City of Aspen, Colorado '''''.f1
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CITY 6F~'!'ASPEN
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Paul), Taddune
City Attorney
December 17, 1982
Gary S. Esary
Assistant City Attorney
Gideon Kaufman, Esq.
611 West Main Street
Aspen, Colorado 81611
Peggy Carlson
Administrative Assistant
Dear Gideon:
I have your letter of December 16 regarding the Vincenti Condo-
miniums.
As we have discussed at length, I construe Section 20-21 to clear-
ly require that any change to a recorded plat be processed in
accordance with the subdivision regulations contained in Chapter
20 of the Municipal Code. You know also that it is my interpreta-
tion that a condominium map falls within the definition of a final
subdivision plat which must be approved by the City Council unless
an exemption from the subdivision regulations is granted. This
interpretation and construction of Section 20-21 has been the con-
sistent policy of my office since I became City Attorney.
Your letter states that the supplemental map and declaration for
the Vincenti Condominiums were filed in accordance with and in
reliance upon procedures established by my predecessor, Ron Stock.
As you know, it has not been my practice to change previously
established policies and practices in midstream, especially when
there has been reliance. Accordingly, I see no reason at this
point to disregard your representations and at'tempt to unsettle
the recordation. However, you are advised that from this point on
it is the position of this office that any change to a recorded
plat, whether it be a condominium or otherwise, must be processed
through the City subdivision regulations.
By copy of this letter I am advising the County Clerk and Recorder
that she should not accept amendments to recorded plats without
some indication that the proposed amendment is in compliance with
the City subdivision regulations. '
-
~UlY yours,
Paul J. Taddune
City Attorney
PJT/mc
cc: County Clerk and Recorder
Planning Director
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LAW OFFICES OF
GIDEON I. KAUFMAN
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A ,""O'E...ONII.L CO","O"ATION
TELEPHONE
AREA CODE 303
825.8188
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GIDEON I. KAUFMAN
BOX 10001
ell WEST MAIN STREET
ASPEN, COLORADO 81e"
DAVID G. EISENSTEIN
October 13, 1982
Paul Taddune, Esq.
City Attorney
130 South Galena Street
Aspen, Colorado 81611
Re: vincenti Employee Units/Unit 5
Dear Paul,
Enclosed please find original Declaration of Covenants
to be signed by the Mayor and City Clerk of the City of
Aspen and returned to me as soon as possible. We will be
closing on the sale of unit 5 today. At the closing, the
Purchaser, James Webster March, will execute and acknowledge
these covenants. The covenants will be recorded immediately
subsequent to the recording of the deed to Mr. March.
Thank you very much for your assistance in this matter.
If you have any questions, please call me right away.
Sincerely,
LAW OFFICES OF GIDEON I. KAUFMAN,
a Professional Corporation
J}Ji!~i
By
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David G. Eisenstein
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enclosure
cc: Robert W. Hughes, Esq. (wi encl)
DAVID G. EISENSTEIN
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October 13, 1982
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Paul Taddune, Esq.
City Attorney
130 South Galena Street
Aspen, Colorado 81611
Re: Vincenti Employee Units/Unit 5
Dear Paul,
Enclosed please find original Declaration of Covenants
to be signed by the Mayor and City Clerk of the City of
Aspen and returned to me as soon as possible. We will be
closing on the sale of Unit 5 today. At the closing, the
Purchaser, James Webster March, will execute and acknowledge
these covenants. The covenants will be recorded immediately
subsequent to the recording of the deed to Mr. March.
Thank you very much for your assistance in this matter.
If you have any questions, please call me right away.
Sincerely,
LAW OFFICES OF GIDEON I. KAUFMAN,
a Professional Corporation '
J}tvJli! ~
David G. Eisenstein
By
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enclosure
cc: Robert W. Hughes, Esq. (wi encl)
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DECLARATION OF COVENANTS
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JAMES WEBSTER MARCH,
assigns, hereby covenants
County, Colorado that:
for himself, his successors and
with the City of Aspen, Pitkin
1. James Webster March is the owner of the following
described real property, to wit:
Condominium Unit 5,
VINCENTI CONDOMINIUM, according to the
Supplemental Condominium Map thereof recorded
July 15, 1982, in Plat Book 13 at Page 73, and as
defined and described in the Condominium
Declaration for Vincenti Condominium recorded
September 9, 1981, in Book 413 at Page 742; and
Vincenti Condominium Supplemental Condominium
Declaration recorded July 15, 1982, in Book 429 at
Page 315.
This above-described real property shall hereinafter be
described as "the subject property."
2. The subject property shall not be rented or sold
except in accordance with rental terms and price guidelines
for "low income" employee housing established by the City
Council of the City of Aspen as such guidelines may from
time to time be amended by the City Council, plus such
increases as are permitted by those guidelines.
3. The subject property shall be rented or sold only
to persons "qualified" for either low, moderate or middle
income employee housing, in accordance with guidelines
established by the City Council of the City of Aspen as such
guidelines may be from time to time amended and as such
persons are identified and qualified by the City Council of
the City of Aspen or its designee, pursuant to the City's
then existing qualification process for either low, moderate
or middle income employee housing.
4. The covenants contained herein shall run with the
land and shall be binding on all parties having any right,
title or interest in the above-described property or any
part thereof, and their representatives, successors and
assigns, for the period of fifty (50) years from the date
these covenants are recorded.
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5. None of the covenants contained herein shall be
released or waived in any respect or modified or amended
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.
6. In any legal proceeding to enforce the provisions
of these covenants, restrictions and conditions, the
prevailing party shall be entitled to recover its costs and
fees therein, including its reasonable attorney's fees and
expert witness fees.
IN WITNESS WHEREOF, this Declaration has been' duly
executed this 1.!3't:!2 day of October, 1982.
JAMES WEBSTER MARCH
ACCEPTED AND APPROVED
THE CITY OF ASPEN
By
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Attest
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ity Clerk
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STATE OF COLORADO
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COUNTY OF PITKIN
The foregoing instrument was acknowledged before me
this day of October, 1982, by JAMES WEBSTER MARCH.
Witness my hand and official seal.
My commission expires:
My address is:
Notary Public
STATE OF COLORADO
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COUNTY OF PITKIN
Witness my hand and offi~ ~eal.
My commission expires:/7?7 '
My address is: /.80..d. &~'4< GL/
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Notary Public
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APPROVED:
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City Attorney for the
City of Aspen, Colorado
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LAW OFFICES OF
GIDEON I. KAUFMAN
A PFlOFESSIONAL CORPORATION
TELEPHONE
AREA CODE 303
925-8166
GIDEON I. KAUFMAN
BOX 10001
611 WEST MAIN STREET
ASPEN, COLORADO 81611
DAVID G. EISENSTEIN
October 8, 1982
Gary Esary, Esq.
Assistant City Attorney
130 South Galena Street
Aspen, Colorado 81611
Re: Vincenti Employee Units
Dear Gary,
The following are restrictive covenants that I propose
to incorporate in our deeds of the employee units. Please
review these and let me know if they meet with your
approval.
(a) The subject property shall not be rented or
sold except in accordance with rental terms and price
guidelines for "low income" employee housing established by
the City Council of the City of Aspen @s-of tile -date oi'-cthis
Deed, or~ as such guidelines may from time to time be amended
by the C~ty Council, plus such increases as are permitted by
those guidelines.
(b) The subject property shall be rented or sold
o~ly to, persons "qualified': ,for either ,..~?~!, .,mo'!eratf1, or
m~ddle ~I).come employee hous~ng, as-.,.de.f~nog ~ndfe lI"ren
Munici~a~de, as amended, and so identified and qualified
by the City Council of the City of Aspen or its designee,
pursuant to the City's then existing qualification process
for either low, moderate or middle income employee housing.
(c) The covenants contained herein shall run with
the land and shall be binding on all parties having any
right, title or interest in the above-described property or
any part thereof, and their representatives, successors and
aSl'ig~f>,. for the period of fifty (50) years from the date
these covenants, restrictions and conditions are recorded.
(d) None of the covenants contained herein shall
be released or waived in any respect or modified or amended
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.
,.,,-
"'--./
Gary Esary, Esq.
October 8, 1982
Page Two
(e) In any legal proceeding to enforce the
provisions of these covenants, restrictions and conditions,
the prevailing party shall be entitled to recover its costs
and fees therein, including its reasonable attorney's fees
and expert witness fees.
I look forward to hearing from you very soon.
you for your help and cooperation in this matter.
Thank
Sincerely,
LAW OFFICES OF GIDEON I. KAUFMAN,
a Professional Corporation
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David G. isenstein
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APPLlCAnm~ ACCEPT~D BY
Fire
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Use.. 0 "-" t- Fite Sprinklers
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SEPARATE PERMITS ARE REQUIRED FOR ELECTRICAL, PLUMB.
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THIS PERMIT BECOMES NULL ANO VOID IF WORK OR CONSTRUC,
TION AUTHORIZED IS NOT COMMENCED WITHIN 60 DAYS, OR IF
CONSTRUCTION OR WORK 1$ SUSPENDED OR ABANDONED FOR A
PERIOD OF 120 DAYS AT ANY TIME AFTER WORK 1$ COM-
MENCEO,
I HEREBY CERTIFV THAT I HAVE READ AND EXAMINED THIS
APPLICATION AND KNOW THE SAME TO BE TRUE AND CORRECT.
ALL PROVISIONS OF LAW:; AND ORDINANCES GOVERNING THIS
TYPE OF WORK WILL BE COMPLIED WITH WHETHER. SPECIFiED
HEREIN OR NOT, THE GRANTING OF A PERMIT DOES NOT
PRESUME TO GIVE AUTHORtTY.-TC VIOLATE OR CANCEL THE
PROVI IONS OF ANY OTH ST E OR LOCAL LAlli REGULATING
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ASPENQPITKIN REGlONAL BUILDING DEPARTMENT
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BUILDING INSPECTION CHECK
30:a/9215-15973
TYPE:
FRAMING:
WITHIN t '/8"
BORED HOLES 40% MAX
FIRE BLOCK 8'
PERMIT #
NOTCH PLATES
-
STUDS
TOP PLATES DOUBLED
SHEAR PANEI.S
HEADERS DOUBLED ON EDGE
BEARING POINTS OK
CANTILEVER 2:1
20" X 24" NET IN BEDROOMS
44" SILL IN BEDROOMS
THERMOPANE
TEMPERED IN SHOWER & TUB ENCLOSURES
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GLAZING:
10% LIGHT
5% 'lENT
STAIRS:
30" WIDE
8" RISE / 9" RUN
HANDRAIL: CONTINUOUS
6' 6" HEADROOM
SPIRAL, CIRCULAR, WINDERS TO U,B,C,
1/4" DIFF, RISE
30.. 34" HIGH
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GUARDRAILS: RESIDENTIAL: 36" HIGH
COMMERCIAL: 42" HIGH
~
9" OPENING
9" OPENING
~
l=!: t..fosY"Q
'S~
SHEETROCK:
1 HOUR RATING:
GARAGE
5T AI RS
BOILER
ROOMS:
KITCHEN 1-
DEN -L
BEDS~
LIVING 1-
LAUNDRY 1-
/
DINING_ REC,_
STORAGE --.L.- BATHS~
,
d"~ '<>f/
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\
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REINSPECTION FEE $15,00
/h .
CONTRACTOR ~~~
OWNER ~" . .:f- ".L;
DATE REC'D ~ ~/~.J;Z~e.?'~~9/q?""
'- INSPECTOR
506 'Eaut Main Stroot
Ati~Colorado 81611
303/925-5973
BUILDING PE'.'lMIT APPLICATION
~ Joe ADOIH..SS
ABPEN.PITKIN
REGIONAl. BUIl.DING OEP,....RTMENT
Jurisdiction of Q.~ 0-9 ~~~
AfJPlicant to complete numbered spaces only.
General 1
Construction
Permit
NO.
_ 4355
1- AID
1015 E. Hyman St.. Aspen, Co.
LEGAL
1. OESCR.
LOT NO.
BLOCK
TRACT OR SUBDIVISION
luSEE ATTACHED SHEET)
E. F.
G.
34
OWN!::R
MAIL ADDRESS
Z<P
"HONE
2, VINCENTI BUILDING COMPANY 25484 Meadowbrook Rod.
3,
LSlIMP.
~IL ADDRESS
~" p.a
MAIL ADDRESS
18'1/
Novi
Mi 48050 (313
478-551
CONTRACTOH
ARCHITECT OR OESIGNER
PHONE
LICENSE NO.
925-1996 1243
4, Jerry McCarthy
P.O. Box 5133, Aspen
, Colorado (303)
ENGINEER MAIL AODRE::>S
5,Ted Guy 922 Colorado Ave. Glenwood Springs
P+-lONE
945-9171
LICENSE NO.
16983
USE OF" BUILDING
6, Residential
2(NEW
7. Class of work:
o ADDITION
o ALTERATION
o REPAIR
o MOVE
o WREGK
Change of use to
R -3
R -I
PLAN CHECK FEE
t:~ :;:? f L""
PERMIT FEE
8. Change of use from
7C;(; . no
TOTAL FEE
'c...j ?S-' )~~
9. Valuation of work: S
204,000.00
TYPI! nf C.,n~trl.lct,on
'-
':X-N
Occupancy Group
R
"('''00
10, REMARKS:
S'~I! at 8....,'.-.;,".. _ 0 ~ 9 No. of Storil!5
(Total S(ll.la,,, Ff.l 6 \q.., -:2--
c-.-<llil.. '" 4- <L-
, ,
I M...Dcc. Lo~d
Fire Zone
Use Zone
R M F.
Fire Sprlnkle'5 Required
o Vei ~o
No. ot Owe!lon,! UniH
OFFSTREET PARKING SPACES,
3
Cevercd
:z.
Uncovereo
Special Approvals
REQUIRED
AUTHORIZED BY
DAre
ZONING
BY
PLANS CHECKED
Q. t-r'fY\
HEALTH DEPT.
A.PPLICATION ACCEPTED
BY
FIRE DEPT.
SOIL REPORT
DATE
DATE
PARK DEDICATION
NOTICE
SEPARATE PERMITS ARE REQUIRED FOR ELECTRICAL, PLUMBING,
HEATING. VENTILATING OR AIR CONDITIONING.
THIS PERMIT BECOMES NULL AND VOID IF WORK OR CONSTRUCTION
AUTHORIZED IS NOT COMMENCED WITHIN 120 DA YS, OR IF CONSTRUC.
TlON OR WORK IS SUSPENDED OR ABANDONED FOR A PERIOD OF 120
DAYS AT ANY TIME AFTER WORK IS COMMENf;ED.
I HEREBY CERTIFY THAT I HAVE READ AND EXAMINED THIS APPLICATION
AND KNOW THE SAME TO BE TRUE AND CORRECT ALL PROVISIONS OF LAWS
P.ND ORDINANCES GOVERNING THIS TYPE OF 'NGRK WilL BE CJMPLlED WITH
WHETH'R SPEC""D H'RElN DR NOT. TH' GR"<TlNG OF A PERM'T DOES NOT J<Jt\lItIj~~.,{s~~~MIT OI!l'\.tJV.WI-IEN\It,l~-i\II3.D
PAESUME TO GIVE AUTHORITY TO VIOLATE OR CANCEL 'THE PROVISIONS OF' .oJ lUN1","'~..... ....
ANY OTHER STATE OR LOCAL LAW AEGUlATIN{j CONSTRUCTION ~~TH PER 1: 0 ~,
FQRMANCE OF CONSTRUCTION '(, '91 I _ J ~
/ I ,--, _..lL
tJ ,} ,"",. Ii l oqTJ,Ji J9~,l .J1JLl41981
~- 'pI -1-1 ',,,Ll' ,'1-'1-.03/
~ /} / PITKIN COUNTY PITKIN COUNTY
""'"1 ~ ".", ASPEN, CObOMOO SIGH ASeEtl. CQ~QRAQO 811;11 o~
VALIDATION ' .' ,,'6 I ~
PERMIT VALIDATION CK. M,Q, 0 CASH 0 PLAN CHECK VALIDATION CK, V M,Q, [J CASH 0
WATEI-< TAP
ENG. PEPT.
OTHER (SPECIF.....j
WHlTE - iNSPECTOR'S COPY 'Y ELlOW - ASSESSOR'S COPY PINK - BUILOING DEPARTMENT FILE
GOLD - CUSTOMER'S COPY
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MEMORANDUt1
TO: City Attorney
City Engineer
Housi ng Di rector
FROM: Alan Richman
RE: Vincenti Building Company - Subdivision Exception (condominiumization)
DATE: April 28, 1981
The attached application submitted by Vincenti Building Company requests an
,exception from full subdivision requirements for the purpose of condominiumiza-
tion of a newly constructed duplex structure located on Lots E, F and G, Block
34, EAST ASPEN ADDITION and Fractional Lots F and G, Block 34, EAST ASPEN
ADDITIONAL TOWNSITE, City of Aspen. This item is scheduled for review by the
,.Aspen Planning and Zoning Corrmission on June 2, 1981; please return any comments
or recommendations to me by Wednesday, May 20, 1981. Thank you.
--~
MEMORANDUM
DATE: May 1, 1981
TO: Alan Richman
FROM: Paul Taddune
RE: Vincenti Building Company - Subdivision Exception
(Condominiumization)
Applicant must demonstrate compliance with Section 20-22
of the Code.
PJT: me
-_._._~---
._._.V_"""'__.__......."'._......__H_._._~__.
-
60a ES8t Main Street
A&pef"\i""Gek:arado 81611
303/925-5973
'LDING PERMiT APPliCATION
General
Construction
Permit
1
ASPEN.PITKIN
REGIONAL BUILOING CE::PARTMENT
Jurisdiction of
NJ!,"'.7sa
AppHcantto complete numbered spaces only.
JOB ADDRESS
\0\5
H,- MttrV S C ltnd- '2-
BLOCK
/:3P Cr
TRACT OR SUBDIVISION
As ?"" (') ,
CU SEE ATTACi-lED SHEET)
LEGAL
1. OESCR.
3.
MAIL ADDRESS
ltJ..c(\'V+'.r- 5\ (t "_ ~.
I MAIL ADDRESS
r.Oe c.:~ Y?<:I-/
ZOP
PHONE
q 'Z')-1Cjq<t-
,'1frt.ll..'
4. ARCHIT{Ee OR m~Nc fr y{,
ENGINEER
\4
MAIL ADDRESS
rc()~ 51'S.3 P-s pet
PHONE
Q;2S- ~qqc{-
LICENSE t,o.
I
~
(! (rns~
LICENSE NO.
MAIL ADDRESS
PHONE
L.ICENSE NO.
5,
USE
o ALTERATION
o REPAIR
o MOVE
o WRECK
6,
7. Class of work:
8. Change of use from
Change of use to
3'7. 'A
PERMIT FEE
-/-50
c':> i
10TAL FEE
PLAN CHECK FEE
Type 01 Con~truet,on
Occupancy Group
Dlvillon
9. Valuation of work: $
0000
10, REMARKS:
Slle 01 Buitaon..
(Total SQuare Ft.)
Nc.OfStorou
Max_ Oee. LC3d
Fire Zone
Ultl Zone
FireS;lrinkleu ReQuired
aV.lONo
No. 01 Dwelling Un,u
OFFSTREET PARI<ING SPACES,
Cove'eel
Uncovered
Special Approvals
REQUIRED
AUTHORIZED BY
DATE
ZONING
BV
\.
\\
HEALTH OEpT.
APPLICATION ACCEPTED
PLA"oS CHECKED
FIRE: OEpT
BV
SOIL RE.PORT
OATE
PARI< DEDICATION
NOTICE
SEPARATE PERMITS ARE REOu:R'ED FOR ELECTRICAL, PLUMBING,
HEATING. VENTILATING OR AIR CONOIT10NtNG.
THIS PERMIT BECOMES NULL AND VOID IF WORK OR CONSTRUCTION
AUTHORIZED IS NOT COMMENCED WITHIN 120 DA YS, OR IF CONSTRUC.
TION OR WORK IS SUSPENDED OR ABANOO~JED FOR A PERIOD OF 120
DAYS AT ANY TIME AFTER WOR,K IS COMMEN.CED.
I HEREBY CEATIFY THAT I HAVE AEAD AN') EXAMINED THIS APPLICATION
AND KNOW THE SAME TO BE TRUE AND CORRECT. ALL PROVISiONS OF LAWS
/I.NO ORDINANCES GOVERNING THIS TYPE OF WORK WILL BE COMPLIED WITH
WHETHER SPECIFIED H"REIN O? NOT. THE GRANTING OF A PERMIT DOES NOT
PRESUME TO GIVE AUTHORITV TO VIOLATE OR CANCEL THE PROVISIONS OF
ANY OTHER STATE OR LOCAL LAW REGULA.TING CONSTRUCTION OR THE PER-
FORMANCE OF CONSTRUCTION.
WATER TAP
ENG. DEPT.
OTHER (SPECIFY)
PERMIT VALIDATION
CK,O
M,O.O
VALIDATION
CASH 0 PLAN CHECK VALIDATION
THIS FORM IS A PERMIT ONLY WH.E,I\t..\{Ab\BfuTED
WORK STARTED WITHDUTPi.~iJHt~/rL kEl8'~t~FE~-;'\
r~- _J 11
'~-V1A119~1 1 {
; 1'71'_(11 I,. :
~J __\_...~
A'j,'''1 CiJlMTV
EN. COlORADO 81liU
CK, M,O, 0 CASH 0
'lOlr 'UR'''O AGEN<
.t:4FR Ilf OW~C~l)lRl.
fvuv /2 9
(OAl I
tvJ) I ~,:# ,
,.'...",..........nD.C'r""DV Vr:1 I A\~I _ ...('("~~~()n.~ r()pv PINK BUILDING DEPARTMENT FILE
GOLD.- CUSTOMER'S COP~
"
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2620
2
>
PLUMBING 'PERMIT APPLICATION
;/
;/
/' 0 0
.
. .
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PITKIN COUNTY 0 CITY OF ASPEN 0 >> 0
0
, , >>
/AppHcant to complete numbered spaces only. "
.
.
JO. "'0011I us, (), F 4\1J'1'l/lIA \t :lF1)
I IH:
LOT NO. .,,... I TIIlACT OSII ATrACHED SHEETI
1 ~~:~~.
2 orA /l oNO/kr. ,-1J J ""A'L ...001llE55 ". PHONIl
,V"{//{~~ll
CONU'ACTO ,~~ CO'rK:-t. 'Nt ~'I:o~"'" P! 'ilk. PIolONIl LiCENSIHO.
3f1.....J - . ~1t1..1\ fA-. t '.._,
I.IIIClifTEC olf 0(;51'NUI tAiL ACOI'II.!''; '-..) V .....Ol<u: LICINSr. NO.
4
1101(.1101",:[11 MAIL AOO"E55 PHONE LICENSE NO.
S
LItNOElIl ""'AIL AOOIllIlSS ell"NeH
6
USE 0' eUILOING
7
8 Closs of work: ONEW o ADDITION ~ALTERATlON o REPAIR
9 Describe work:
PERMIT FEES --
No, I Type of Fixture or ltom Fee
SPECIAL CONDITIONS: / I WATER CLOSET (TOILET) S ,. -
d
BATHTUB
J LAVATORY (WASH BASIN) ,) -
q-
:1 SHowEQ d -
,
, KITCHEN SINK & DISP.
...... DISHWASHER
.olPPLlCATION ACCEPTED 8'1' PLANS CHECKED BV "''12~O" '55U1 " . LAUNDRY TRAY
'- - t), (I CLOTHES WASHER
lit!" d '11 ((jib t~-;) WATER HEATER
NOTICE i-dJ/;Y((l. ~ URINAL
THIS PERMIT BECOMES NULL AND VOID IF WORK 0 CO ST UC. , / DRtNKING.FOUNTAIN
nON AUTHORIZED IS NOT COMMENCED WITHIN 60 DAYS, OR IF I FLOOR SINK OR DRAIN ~) -
CONSTRUCTION OR WORK IS SUSPENDED OR ABANDONED FOR A c~
PEHIOD OF 120 DAY::; AT ANY TIME AFTER WORK IS COM- SLOP SINK
MENCED. GAS SYSTEMS, NO. OuTLETS
I HEREBY CERTIFY THAT I HAVE READ AND EXAMINED THIS
APPLICATION AND KNOW THE SAME TO BE TRUE AND CORRECT. WATER PIPING & TREATING EQUIP.
ALL PROVISIONS OF LAWS AND ORDINANCES GOVERNING THIS
TYPE OF WORK WILL BE COMPLIED WITH WHETHER SPECIFIED WASTE INTERCEPTOR
HEREIN OR NOT, THE GRANTING OF A PERMIT DOES NOT
PRESUME TO GIVE AUTHORITY TO VIOLATE OR CANCEL THE VACUUM BREAKERS
PROVISiONS OF ANY OTHER STATE OR LOCAL LAW REGULATING
CONSTRUCTION OR THE PERFORMANCE OF CONSTRUCTlpN. LAWN SPRINKLER SYSTEM
( 1111 ' SEWER
CESSPOOL
SEPTIC TANK & PIT
A JZu. v 1T1L~
SI'l:\N "l"'TvR( O~Ot.rR""tTOIl; QIl; "'uT><<Jll;ll€.O "'G€.NT 10.....€.1
PERMIT $ " -
, N,TLJII€. Oil' CWN[1l; (I' OWNEIl; eUILOElI1 10",T[) TOTAL FEE $ /.~
WHEN PROPERLY VALIDATED I1N ~""!tIS~ACE) WlIS' IS-YOUR PERMIT
CK,
CASH
r~::~~~\ ~~~<;
PITKIN COUNTY
PLAN CHECK VALIDATION
M.O.
CASH
,/
;.:
.- 3
,;;/lo'5~. tf rl?'- "-h, -it- ~ ELECTRICAL
, PERMIT
/ Wl-EN SIGNED AND VALIDATED BY BUILDING INSPECTION OCPARTM:NT THi~ P€)lMlT AUTHORIZES HE WORK DESCfllBED BELOW
/
~ CLASS OF WORK: NEWD ADDITION El ALTERATlOND REPAIRD MOVED WRECK D
OWNER
NAMEl'kom '~'/.';, [;)<?;lh,e~~ S I. ",,,-or- ADDRESS...Lo f';- 'f" tf" "" ~ '" -<. PHONE /2 s' - '7;<;1<.f
a: , LICENSE LICENSE
0 {(,M<?'.- E Ie.c+...(c.....
... NAME (AS LICENSED) CLASS NUMBER
0 ,
cl: 9,) \' - d-,/I/O
l!: ADDRESS <;:",........ II) ;...., '\T s;- PHONE
z SUPERVISOR bo"
0 L( p ,(' .2 r-
0 FOR THIS JOB NAME DATE CERTIFIED
NO. OF UNITS DESCRIPTION OF WORK NO. OF UNITS DESCRIPTION OF WORK
TEMPORARY METER TRANSFORMERS & RECTIFIERS
NEW SERVICE ENTRANCE WIRING MOTORS & CONTROLS
NO, OF OIL BURNERS, STOKERS,
NO, AMPS FORCED AIR SYSTEMS
CHANGE SERVICE ENTRANCE OTHER
~ 1-1- f
NO, AMPS MOTORS ~'? H,P,
~
CIRCUITS SIGNS
q LIGHTING , NEON EXT'R SIGN & 1 TRANSFORMER
,p
0 HEAliNG NEON INT'R SIGN & 1 TRANSFORMER
ADDITIONAL TRANSFORMERS,
POWER SUB-CIRCUITS EXT,ORINT,
4 UTILITY (RANGE DISPOSER,
-- COOLER, FAN, DRYER, WATER HEATER) NO, OF INCANDESCENT LIGHTS
OTHER , FIRE DETECTION-ALARM SYS'M,
FIXTURES OTHER
REMARKS AGENCY AUTHORIZED DATE
BY
PUBLIC
< WORKS
t~OTES TO APPLICANT: VALUATION $ SCD.l!J
FQRHiPECTIONSOR l/IFORMATION CAlL 925-7336 OF WORK
DE VAlUATION OF EACH Of Tl-E ABOVE UNITS SHALL BE INCLlOEO IN Tl-E VALUATIONQFWOfI(.
FOR AlL WOFI< [)()t.E LNOER THIS PERMIT THE PERMITTEE ACCEPTS FULL RESPONSIBllJTY FOR COfAlI..lANCE WITH TI-E PLAN 0 TOTAL FEE
NAllONAL ELECTRICAl CODE. THE CITYQF ASPENQROlNANCES, A~ ALL OTI-ERCOlNTYRESOLUTlONS.ClTYOFDtNAHCES. FILED T P
STATE LAWS. ~'UCt-EVER APPI...lES 1 .g 6()
PERMIT Slll.ECT TO AEVOCA TlON OR SUSPENSION FOR VIOLATION OF ANY LAWS GO~ SAME.. lXllELE CHECK D $
~ REOUIRED fNSPEcnoNS SHALl. BE REQuESTED ONE WORKING DAY IN ADVANCE FEED /-CA~a
~ A RNAlINSPECl10N SHAll BE MADE BEFORE POWER Will BE BlJI~y5EPARTMENT ~
RELEASED, AND BEFORE THE BUILDING MAY BE OCCUPIED.
~ SIGNtlURE I ,,:....4- ~ ,A 'L ~ '-'>
"
~ r.il ftI--eC'l<./1 '-J ~ 1/
~ APPLICANT: r.JJ--r-~ APPROVAl BY -"!- DATE
1 II t\_. ./ DATE PERM!TNO. LICENSE # RECEIPTS CLASS AMOLtlT
O~'IS'A.pERMIT ONL Y
VAUDAIED ' i ~C$) )
" I
/
1
, BUilDING INSPECTION DEPARTMENT
o CITY O( ~PEN - COUNTY OF PITK.IN 0 ,'.ORADO
NO. 4668
ill APR 11;JJJ:\\; \ ::\33
PITKIN COUNTY ~ Jk;)
Ac:.PI=:N_ eOl (lRAO{) At';l'
,..
--1 ; ie.
.
No. 31.1- xl
2. APPLICANT:
CASE LOAD SUMMARY SHEET
City of Aspen
STAFF: ~ I Q i1 l~; cJupo i~ ) ,
't\UI \&1\ OJ Q ,jAY' () 0 n 1/
.J' I I
1~
$~
1. DATE SUBMITTED: Nlcn/fl
,
~iI'\U~I-T;
3. REPRESENTATIVE: G',&eO,\ ka ut O,a. vLJ I It> 1\ \4Je,S,VIQ ',1\ \t)
~. ('1) RIIo/1 - 9cXS - fIb 10
4. PROJECT NAME: V;~I'~I'l+; t\ui\&;Yi~ Co. - Suh&, 2.yrepf. -:1('~I7c1oJ
5. LOCATION: Lo Is t=.' f '4- 0-,' /3/t2e.k 3'1 ?lJ..d' A.rf~11 Aiell he-r...J
-t--,-trnr+;oml 1.-6'/' f<?-; ~/~c.k3~ rOil- IJSf?tn. Adl;ho,.,clj
7'!JwnJ;' Ie..-
6. TYPE OF APPLICATION:
Rezoning
P.U.D.
Special Review
Growth Management
HPC
A-Subdivision
LException
Exemption
70:30
Residential Bonus
____Stream Margin
____8040 Greenline
____View Plane
Conditional Use
____Other
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condODlIllJlll17/ffa -I,6-lU
CIVy f'f C (jn JUne O{) lq~, " " ~. /1 ,.~c <' /
*' t, gl bUt /dl,,'-( J I" (j li::Ic ,"
~ ' v re'~'J//f
S itation District School Distric~A (j .
Fire Marshal!BI&q, Rocky Mtn. Nat. Gas
Parks JDelt. ____State Highway Dept.
Holy Cross Electric ____Other
Mountai n Be 11
7. REFERRALS:
X Attorney
~Engineering Dept.
X Housing
Water
____City Electric
8. REVIEW REQUIREMENTS:
,....
-
9. DISPOSIT~N: ~
P & Z V Approved Denied
Date ,h~ ~ I
/ '
/ c 1) The applicant agreeing to revise the condominium plat
to meet the specifications of the Engineering Depart-
ment memorandum of May 26, 1981 and resubmitting the
plat prior to review by City Council;
2) The applicant providing four usable parking spaces for
the four bedroom duplex by either regrading the space on
the side of the building so that it is usable or providing
a second space in the alley behind the building.
3) The applicant agreeing to provide and electrical/communi-
cations easement at the southeast corner of the parcel;
and
~.lo
4) The applicant r~stricting all units to six month minimum
leases with no more than two shorter tenancies per year.
Approved ./
Deni ed
Date'" \ 10 \S I
Counci 1 ../
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10. ROUTING:
Attorney
J Building
/
/Engineering
Other
,...,
,
-
,......
MEMORANDUM
TO: Aspen City Counci 1
FROM: Alan Richman, Planning Office
RE: Vincenti Building Company Subdivision Exception (Condomin1umization)
DATE: July 2, 1981
Lot Size:
Applicant's
Request:
1015 East Hyman Avenue (Lots E, F and G, Bloc 34, East'
Aspen Addition and Fractional Lots F and G, Block 34, East
Aspen Additional Townsite) between Cleveland Street and
the Roaring Fork River
R-MF Residential Multi-Family
9000 square feet
The applicant is requesting a subdivision exception for the
purposes of condominiumizing a recently built duplex which
is, as yet, unoccupied. This duplex is located on the same
parcel of property which received a residential GMP alloca-
tion during the 1981 competition.
The Engineer, in a memorandum dated May 26, 1981 (attached
for your review) provides the following comments:
1) The applicant should revise and resubmit the condominium
plat prior to review by City Council to include the
information indicated in the memorandum;
Location:
Zoning:
Engineering
Department's
Comments:
2) The applicant should provide information as to the
number of bedrooms that exist in the duplex and dr
one parking space for each bedroom; and
3) The applicant should provide an electrical co~
easement at the sou~~~,~t corner of th~ ,...e~r.:,cel
MEMORANDUM
TO: Aspen City Counci 1
FROM: Alan Richman, Planning Office
RE: Vincenti Building Company Subdivision Exception (Condominiumization)
DATE: July 2, 1981
APPROVED AS TO FORM:
Location:
1015 East Hyman Avenue (Lots E, F and G, Bloc 34, East'
Aspen Addition and Fractional Lots F and G, Block 34, East
Aspen Additional Townsite) between Cleveland Street and
the Roaring Fork River
Zoning:
Lot Size:
R-MF Residential Multi-Family
9000 square feet
Engi neeri ng
Department's
Corrments:
The applicant is requesting a subdivision exception for the
purposes of condominiumizing a recently built duplex which
is, as yet, unoccupied. This duplex is located on the same
parcel of property which received a residential GMP alloca-
tion during the 1981 competition.
The Engineer, in a memorandum dated May 26, 1981 (attached
for your review) provides the following comments:
1) The applicant should revise and resubmit the condominium
plat prior to review by City Council to include the
information indicated in the memorandum;
Applicant's
Request:
2) The applicant should provide information as to the,
number of bedrooms that exist in the duplex and dcslgnate
one parking space for each bedroom; and
3) The applicant should provide an electrical communications
easement at the southeast corner of the parcel.
Afterw~ing ~his meno, the Engineer met with the applicant
and determined that there were four bedrooms in the duplex
and that only three usable parking spaces are located on the
property. The applicant should therefore be required to either
regrade the space on the side of the building so that it is
usable or provide a second space in the alley behind the building.
Planning Office
Review: Despite the fact that this is a newly constructed duplex which
has not yet been occupied, this property does have a rental
history. A rental unit was located on the property until approx-
imately May 1980. A letter from the applicant, attached for
your review, indicates that this unit rented at a price which
exceeded the employee housing guidelines for 1980. In addition,
the house which was removed from the property was donated to
the Aspen Center for Environmental Studies to be used as an
employee housing unit. A letter has been provided by ACES,
attached for your review, confirming this arrangement.
Since the proposed condominiumization in no way reduces the
supryly of low and moderate income housing, the applicant need
on~y meet the following condition:
4) All units should be restricted to six month minimum leases
with no more than two shorter tenancies per year.
Planning Office The Planning Office recommends that you approve the applicant's
Recommendation: request for subdivision exception for the purposes of condo-
miniumization subject to the following conditions:
1) The applicant agreeing to revise the condominium plat
Memo: Vincenti Building Company Subdivision Exception (Condominiumization)
July 2, 1931
Page Two
to meet the specifications of the Engineering Depart-
ment memorandum of May 26, 1931 and resubmitting the
plat prior to recordation.
2) The applicant providing four usable parking spaces for
the four bedroom duplex by either regrading the space on
the side of the building so that it is usable or providing
a second space in the alley behind the building.
3) The applicant agreeing to provide an electrical/communi-
cations easement at the southeast corner of the parcel;
and
4) The applicant restricting all units to six month minimum
leases with no more than two shorter tenancies per year.
P & Z Action:
At their meeting on June 23, 1981, the Aspen Planning and
Zoning Commission recommended that you approve the applicant's
request for subdivision exception, concurring with the four
conditions recommended by the Planning Office.
Should council concur with the recommendations of the Planning
Office and P & Z, the appropriate motion is as follows:
"I move to approve the Vincenti Building Company Subdivision
Exception for the purposes of condominiumization, subject to
the following conditions:
1. The applicant agreeing to revise the condominium plat to
meet the specifications of the Engineering Department
memorandum of May 26, 1981 and re-submitting the plat
prior to.recordation.
Council Action:
2. The applicant providing four usable parking spaces for
the four bedroom duplex by either regrading the space on
the side of the building so that it is usable or providing
a second space in the alley behind the building.
3. The applicant agreeing to provide an electrical/communi-
cations easement at the southeast corner of the parcel;
and
4. The applicant restricting all units to six month minimum
leases with no more than two shorter tenancies per year.
0'
APPLICATION FOR EXCEPTION
FROM
SUBDIVISION REGULATIONS
Request is hereby made on behalf of VINCENTI BUILDING
COMPANY, (hereinafter referred to as "applicant") under '120-19(a)
of the City of Aspen, Colorado, subdivision regulations for
approval through the subdivision exception process of applicant's
plan for condominiumization with respect to real property
described as:
Lots E, F & G,
Block 34,
EAST ASPEN ADDITION
and
Fractional Lots F & G,
Block 34,
EAST ASPEN ADDITIONAL TOWNSITE,
City of Aspen,
Pitkin County, Colorado
An exception in this case would be appropriate.
The application involves subdivision of a newly constructed
duplex structure. Requiring strict compliance with subdivision
regulations for the subdivision of a duplex residential building
creates conditions which will deprive the applicant of its
reasonable use of the land. If this exception application is
granted, owners of the property will have a common interest in
the land and there will be a condominium declaration applicable
to the property which will not in any way increase the land use
impact of the property. An exception in this case will not
conflict with the intent and purpose of the subdivision regulation
which are directed to assist the orderly, efficient and integrated
development of the City of Aspen, to ensure the proper dis-
tribution of population, to coordinate the need for public
services and to encourage well planned subdivisions.
I
I!
I!
"
A
The granting of this application will not undermine the
intent of the subdivison regulations, as it is clearly within
the area intended for exception under 'j20-19. The building
is already in existence and there will be no change in density,
which is presently in line with the desired population density
for the property.
The ooruXmriniumization of the herein described property
will not reduce the supply of low and moderate income housing
because the property is newly built and thus has no rental history.
In addition, if condominiumization approval is obtained, the
applicant-owner of the property will comply with the requirements
set forth in subsection (a) and (b) of '120-22.
The applicant would appreciate your consideration of this
application at your next regular meeting.
Dated: April ,'.;"f" 1981.
LAW OFFICES OF GIDEON KAUFMAN
By
Gideon Ka f
Attorneys r Applicant
611 West Main Street
Aspen, Colorado 81611
(303) 925-8166
- 2 -
Ii
! ~
"
MEMORANDUM
TO:
Alan Richman, Planning Office
FROM:
Jay Hammond, Engineering Department
~
DATE:
May 26, 1981
RE:
Vincenti Building Company Condominiumization, Lots
E, F, and G, Block 34, East Aspen Addition, and
fractional Lots F and G, Block 34, East Aspen
Townsite
Having reviewed the above application for condominiumization and
made a site inspection, the Engineering Department has the
following comments:
I. The applicant should be required to revise and resubmit the
condominium plat to include the following:
a. Surveyor's signature and seal.
b. Show adjacent alley.
c. An electric/communications easement from the alley to
provide access to the electric transformer on the
southeast corner of the property.
d. Designate individual units (i.e. units I and 2 or A
and B) as well as common and limited common elements
(parking, decks, trash, etc.).
2. It is impossible to tell from the application how many bed-
rooms exist within the structure. This information should
be provided and parking provided accordingly at one space
per bedroom as required in the R.M.F. district. The parking
space designated number 3 on the site plan does not exist
on the ground.
3. Owner/applicant should be required to provide an electric/
communications easement at the southeast corner of the
parcel adequate to allow access to and maintenance of
the electric transformer located there.
" ,j
J
;;:~'_c._
,)t.~".'. <.,.:',' :;~!ITI
,~~ uu N 10 198.1 Ii, II
ll:~..~ . :J I
~." A..<;[>[N7Pi'i'~,'_'/
""0 .PLfl)..;"t.:;;A.s"-' (': ,. T~LEPHONE
"-"" t."' AREA-CoDE 303
925-8166
LAW OFFICES
GIDEON I. KAUFMAN
BOX 10001
611 WEST MAIN STREET
ASPEN. COLORADO 81611
GIDEON I. KAUFMAN
DAVID G. EISENSTEIN
June 10, 1981
Mr. Alan Richman
Aspen/Pitkin Planning Office
130 South Galena Street
Aspen, Colorado 81611
Re: Vincenti Condominiumization/1015 East Hyman Avenue
Dear Alan,
Pursuant to the concerns of the Planning and Zoning
Commission, I write this letter to address the compliance
with Ordinance 20-22 of the prior dwelling on the Vincenti
lot.
Please be aware that the size of the structure and the
rentals charged exceeded the guidelines for low, moderate
and middle income housing for 1980. The guidelines at that
time were sixty-three cents ($.63) a foot.
It is important to note, however, that even if the
property had fallen within the low, moderate and middle
income guidelines, the house has been donated to ACES per
the attached letter and is being used as employee housing
for the employees of ACES. The condominiumization, therefore,
in no way reduces the supply of low, moderate and middle
income housing.
I hope my letter and the attached letter from
sufficiently addresses the concerns of the P & Z.
have any additional questions, please feel free to
me.
ACES
If you
contact
Very truly yours,
Gi~L
GK kw
Enclosure
Aspen Center for Environmental Studies
June 5, 1981
Gideon Kaufman
611 W. Main St.
Aspen, CO 81611
To whom it may concern:
This is to confirm that the Aspen Center for Enviyonmental
Studies (a 501c) non-profit organization) accepted the gift
of a structure at 1015 Hyman Street, Aspen, from Mr. John Vincenti
on or around May 20, 1980. This donation was accepted with the
understanding that the transfer of title would be completed
upon ACES moving of the structure from the Hyman Street location
to ACES property at 100 E. Puppy Smith Street. The building
was subsequently moved to ACES property on June 27th, 1980.
ACES then remodeled the building to meet City of Aspen building
code as a principle residence, and received a Certificate of
Occupancy on March 4, 1981. The house is currently, and will be
in the foreseeable future, used to house employees of ACES.
Sincerely,
/j
,/. . . / /;-r-
//t1pJ'J.u,,,,- ' / C'?--"G~
Benjamin T. Foster
ACES Director
P,O. Box 8777 . Aspen, Colorado 81612 . (303) 925-5756
If m_'~""_~_"~
APPLICATION FOR EXCEPTION
FROM
SUBDIVISION REGULATIONS
Request is hereby made on behalf of VINCENTI BUILDING
COMPANY, (hereinafter referred to as "applicant") under 1120-19(a)
of the City of Aspen, Colorado, subdivision regulations for
approval through the subdivision exception process of applicant's
plan for condominiumization with respect to real property
,described as:
I
Lots E, F & G,
Block 34,
EAST ASPEN ADDITION
and
Fractional Lots F & G,
Block 34,
EAST ASPEN ADDITIONAL TOWNSITE,
City of Aspen,
Pitkin County, Colorado
An exception in this case would be appropriate.
The application involves subdivision of a newly constructed
duplex structure. Requiring strict compliance with subdivision
regulations for the subdivision of a duplex residential building
creates conditions which will deprive the applicant of its
reasonable use of the land.
If this exception application is
granted, owners of the property will have a common interest in
the land and there will be a condominium declaration applicable
to the property which will not in any way increase the land use
impact of the property. An exception in this case will not
conflict with the intent and purpose of the subdivision regulation
which are directed to assist the orderly, efficient and integrated
development of the City of Aspen, to ensure the proper dis-
tribution of population, to coordinate the need for public
services and to encourage well planned subdivisions.
.........."'
'I
I,
The granting of this application will not undermine the
intent of the subdivison regulations, as it is clearly within
the area intended for exception under 1120-19. The building
is already in existence and there will be no change in density,
which is presently in line with the desired population density
for the property.
The coruXIDriniumization of the herein described property
will not reduce the supply of low and moderate income housing
because the property is newly built and thus has no rental history.
In addition, if condominiumization approval is obtained, the
applicant-owner of the property will comply with the requirements
set forth in subsection (a) and (b) of ,20-22.
The applicant would appreciate your consideration of this
application at your next regular meeting.
Dated: April d-.~, 1981.
LAW OFFICES OF GIDEON KAUFMAN
By ~~ -
Gideon Ka f n
Attorneys r Applicant
611 West Main Street
Aspen, Colorado 81611
(303) 925-8166
- 2 -
/