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HomeMy WebLinkAboutcoa.lu.ec.1015 E Hyman Ave.1982-EC-01)98�- rca d� Vincenti Building Co. E 10 ASPEN*PITKIN AGIONAL BUILDIN*DEPARTMENT M E M O R A N D U M TO: Paul Taddune, City Attorney FROM: Bill Drueding, Building Department i!`u-,o DATE: April 6, 1982 RE: Vincenti Building, 1015 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 showing the size of the building as 4568 sq.ft. with 2,016 sq.ft. of basement. His calculations verify this. On October 14, 1981, Meyring issued Building Permit #4355 for hex 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 Monty R. Thompson (part-owner) and Gideon 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? cc: Patsy Newburg !;ayne Chapman 506 East Main Street Aspen, Colorado B1611 303/925-5973 • LAyV OFFICES OF GIDEON I. KAUFMAN A PROFESSIONAL CORPORATION BOX 10001 GIDEON I. KAUFMAN 611 WEST MAIN STREET TELEPHONE ASPEN, COLORADO 81611 AREA CODE 303 DAVID G. EISENSTEIN 925-8166 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 policy; 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. 4 Paul Taddune, Esq. December 16, 1982 Page Two Thank matter. I resolve it. GK kw you very much for your consideration in this am glad we have been able to work together to Very truly yours, LAW OFFICES OF GIDEON I. KAUFMAN, a Professional Corporation By 9V ��, GideoVKaufman 0 • DECLAPz�TION OF COVENANTS VINCENTI BUILDING COMPANY, a Michigan Co -Partnership, for itself, its successors and assigns, hereby covenants with the City of Aspen, Pitkir_ County, Colorado that: 1. Vincenti Building Company is the owner of the following described real property, to wit: Condominium Unit 3, VINCENT! CONDOMINIiJM, according to the Supplemental Condominium Clap 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 wiz, the City Council of the City of Aspen as such quideli::e's-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. 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 Z„%,- day of October, 1982. ACCEPTED AND APPROVED THE CITY OF ASPEN By Attest Mayor City Clerk VINCENTI BUILDING COMPANY, a Michigan Co -Partnership is •� ,�,, %►� as Designated Management Committee Member and Co -Partner of Vincer_ti Building Company, a Michigan Co -Partnership - 2 - FA STATE OF MICHIGAN ) ss. COUNTY OF OAKLAND ) The foregoing instrument was acknowledged before me this 22nd day of October, 1982, by Stanley M. Moffitt as Designated Management Committee Member and 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 i Notary Public, Livingston County (acting in Oakland) STATE OF COLORADO ) ss. 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: ft ri City Attorney for the City of Aspen, Colorado �?/ v too - 3 - CITY OF""AS, PEN 130,south galena street aspen, colorado 8"1611 303-925 -2020 Paul J. Taddunc City Attorney December 17, 1982 Gary S. es:iry Assistant City Attorney Gideon Kaufman, Esq. Peggy Carlson 611 West Main Street Administrative Assistant Aspen, Colorado 81611 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 attempt 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. V truly yours, Paul J. Taddune City Attorney PJT/mc cc: County Clerk and Recorder Planning Director r • GIDEON I. KAUFMAN DAVID G. EISENSTEIN LAW OFFICES OF GIDEON I. KAUFMAN A PROFESSIONAL CORPORATION BOX 10001 611 WEST MAIN STREET ASPEN, COLORADO 81611 October 13, 1982 Paul Taddune, Esq. City Attorney 130 South Galena Street Aspen, Colorado 81611 Re: Vincenti Employee Units/Unit 5 Dear Paul, I �� TELEPHONE Lw� AREA CODE 303 925-8166 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 By David G. Eisenstein DGE kw enclosure cc: Robert W. Hughes, Esq. (w/ encl) DAVID G. EISENSTEIN 925-8166 • 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 By 4e--4 David G. Eisenstein DGE kw enclosure cc: Robert W. Hughes, Esq. (w/ encl) DECLARATION OF COVENANTS JAMES WEBSTER MARCH, for himself, his successors and assigns, hereby covenants with the City of Aspen, Pitkin County, Colorado that: 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. 0 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 WH_WEOF, this Declaration has been duly executed this 13 m— day of October, 1982. AMES WEBSTER MARCH ACCEPTED AND APPROVED THE CITY OF ASPEN By I � 1 Mayor Attest l ityCClerk - 2 - STATE OF COLORADO ) ss. 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 ) ss. COUNTY OF PITKIN ) The foregoing instrument was acknow edged before me this �3'f�7 �tcto of Oer, 1982 , � b as and as of the ity of Aspen, Colorado Witness my hand and offi is keal. My commission expires:i>li ' My address i s : Notary Public • APPROVED: City Attorney for the City of Aspen, Colorado - 3 - • • b -JAa GrpP ` 3• •E j fcrhtJ &r 3 - vr►,{ Ic1W.- % M - � U Oct (4,c cp+S • • . g, lt8r - c•� (ten' / 4rrb,( &Jew &A.— 3 14, 3 UA,-i �# Q'FNA � C71k 3 pm . ca .mac i -4 "; , - 31,c; _ 5,K _ �o � C. t . r 30 to 3 r2 33� �t31� ZZ �7 E K �. 11 • GIDEON I. KAUFMAN DAVID G. EISENSTEIN LAW OFFICES OF GIDEON I. KAUFMAN A PROFESSIONAL CORPORATION BOX 10001 611 WEST MAIN STREET ASPEN, COLORADO 81611 October 8, 1982 Gary Esary, Esq. Assistant City Attorney 130 South Galena Street Aspen, Colorado 81611 Re: Vincenti Employee Units Dear Gary, The following to incorporate in review these and approval. are restrictive our deeds of the let me know if Fa- PwE G ARFICE �OR Y'Snmir SOFF CQ TELEPHONE AREA CODE 303 925-8166 covenants that I propose employee units. Please they meet with your (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 as of the date of this Deed, or,as such guidelines may from time to time be amended by the City Council, plus such increases as are permitted by those guidelines. (b) The subject property shall be rented or sold only to persons "qualified" for either low, moderate or middle income employee housing, as defer --i-a -the --_Aspen Municipal Code, 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 assigns, 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. Thank you for your help and cooperation in this matter. Sincerely, LAW OFFICES OF GIDEON I. KAUFMAN, a Professional Corporation By _ 2 57 David G. isenstein DGE kw • Ja*c -AO U •- 7 v-�- - S=2 - ,- - - 2968 JON Jurisdiction of 4, n a o 0 a Applicant to complete numbered spaces only. a L)o ... BLK TRACT J LOT NO. (r.IKt AT TACN [D !NC[TI J. LEGAL }� /'� 1 1 DESER. 11� [VT MAIL ACDPES —•� ID ^+_.�/`T�� 7�P�N/O(N^/C�7�J OWNER ' `TRACTO Z MAIL AMONL LICEN SC NO. CNR DDRESS O 3 s' �., a► 1 i ARCNIT f, OR DESIG ER MAIL ADDRESS PHONE MSE xII LICENSE NO. +� DH ONE ENGINEER MAIL ADDRESS 5 '•MML ADDRESS, BRANCH LENDER 6 USE OF BUILDING 1 �� ❑ ADDITION ❑L ATERATION G REPAIR El MOVE ❑ REAIOVE Class of work: VI//W 8 E 9 Describe work: 10 Change of use from Change of use to �i�/ 11 Valuation�wok: ', PLAN CHECK FE V V 1' , PERMIT FEE " !`i?j�" �;• 1 SPECIAL CON^IT:ONS= Type of, *4 ly Occupancy Group I Division Const. Size of Bldg. � 69 No. of Z Max. Occ. Load (To ) Sq, t. Stories Fire Use-, F4e Sprinklers By ZOne 3 i"1�R1 r�qu.,ed ❑Yes �No APDUCA fICN ACCEP'EU BY D AVS C4ECKED BY JAC V�)FISSUANCE )•rr+ No. Cf O Dwelling Units f 111 C 1 �'!^'� y vered _ 9 Special Approvals I f•� - "`' Not Required NOTICE --- PERMITS ARE REQUIRED FOR ELECTRICAL, PLUMB- ZONING , - SEPARATE ING, HEATING, VENTILATING OR AIR CONDITIONING. HEALTH DEP�'>....>__ THIS PERMIT BECOMES NULL AND VOID IF WORK OR CONSTRUC- SIRE DEPT. TION AUTHORIZED IS NOT COMMENCED WITHIN 60 DAYS, OR IF - - CONSTRUCTIGN OR WORK. IS SUSPENDED OR ABANDONED FOR A SOIL REPORT ASPEN COL PERIOD OF 120 DAYS AT ANY TIME AFTER WORK IS COM- OTHER (Specify) MENCED. 1 HEREBY CERTIFY THAT I HAVE READ AND EXAMINED THIS AND KNOW THE SANE TO BE TRUE AND CORRECT. APPLICATION =•C t a - ALL PROVISIONS OF LAK',S AND ORDINANCES GOVERNING THIS J. /�ae'�t.�. •.r���-��ui:._ t-ea -' - TYPE OF WORK WILL BE COMPLIED WITH WIAETHER SPECIFIED - OR NOT, THE GRANTING OF A PERMIT DOES NOT + �•.,,.�_-+_ �4'w �— �� L/ �' HEREIN PRESUME TO GIVE AUTHORITY. TO VIOLATE OR CANCEL THE PROVI IONS OF ANY OTHE�j2 ST E OR LOCAL LAY: REGULATING CONS' UCTIO R TH4. E. ORMANCE OF CONST UC ]ON. - Alf SIGNAT RE Or IONTRACTOII U U I ED AGENT (DA T� �1\ OR IIVNEf�f iOP.c�"RLY V) IDATED (IN THIS SPACE) THIS 0 ' -PE • --- L CH K VALIDA �N' f ._: 'CK; ` - •' CASH PERMIT i VALI I`AidG �9$ f ASH JUN 10 1980 411477 _ 357''�� PITKIN COUNTY Y pp"A GOLORAD 8161 .. 111 .1.4 C003TY ASPEN, COLL44ADO ?101 0 � 34 -(V INSPECTOR ASPFr i �R'TKIN RECIONAL BUILL-31N DIEPAR'3 mE:NT BUILDING INSPECTION CHECK' 303/925-5973 TYPE: _ �- PERMIT # FRAMING: STUDS BORED HOLES 401'o MAX P_ NOTCH PLATES WITHIN 1 i/e " _ FIRE BLOCK 8' TOP PLATES DOUBLED — SHEAR PANET_S HEADERS DOUBLED ON EDGE BEARING POINTS OK CANTILEVER 2:1 ' / GLAZING: 10% LIGHT _ 5% /ENT 20" X 24" NET IN BEDROOMS 44" SILL IN BEDROOMS THERMOPANE _ _ ":lim' �tta.tjv:;Sir; TEMPERED IN SHOWER & TUB ENCLOSURES STAIRS: 30'' WIDE E" RISE ' 9" RUN - i/a' DIFF. RISC HANDRAIL: CONTINUOUS 30 34" HIGH 6' 6" HEADROOM D.^":^}• CU!^i 1 ::1F33 SPIRAL, CIRCULAR, WINDERS TO U.B.C. GUARDRAILS: RESIDENTIAL: 36" HIGH �l 9" OPENING COMMERCIAL: 42'' HIGH 9" OPENING SHEETROCK: 1 HOUR RATING: GARAGE STAIRS ROOMS: KITCHEN / BEDS LIVING , DINING DEN UTIL Y LAUNDRY STORAGE BOILER REC. e BATHS CORRECTIONS IFPE!ECTED _5 ".�;%�%�l•-�� �� S i �.S"�"' /�����2f�� � i7J _?lam. `'� �%t�/.�;r-- -��) G �iv��"?o �' r'-��-.=� � 1 • .5: TcY�s�� � Cyt�G_ y' i i'.%E �/ /:`�`_._i��+�/��`i:Ss � ����'�� ifi�,'� F GG'�'L✓ ii�_/G'-ram !'%Lire ADDRESS REINSPECTION FEE $15.00 CONTRACTOR OWNER DATE REC'D l� Csa4 iNSP INSPECTOR �r 1`506'Eaat k.el Btreet Alspen, Lolorodo 81611 BUILDING PE3MIT APPLICATION' 303v'925-5973 General AGPEN4PITICIN Construction REGIONAL BUILDlr*JG G'E'PART:1VIIENT Permit Jurisdiction of 1' NO. _ 4It T Applicant to complete numbered spaces only. A)O JOB ADDRESS 1015 E. Hyman St., Aspen, Co. 1. DESCR. LEGAL LOT NO. 1!3 OCK FTRAC_�OR SUBDIVISION (U SEE ATTACHED SHEET) E . F. G • 4 OWNER 2'VINCENTI MAIL ADDRESS ZIP PHONE BUILDING CONTRACTUR COMPANY 25484 Meadowbrook Rod., Novi, Mi 48050 (313) 478-55I `� )) 3, / /� 21L ADDRESS PHONE J LICENSE. NO. W►\ ARCHITECT 1 OR DESIGNER MAIL ADDRESS PHONE LICENSE NO. _ Jerry McCarthy P.O. Box 5133, Aspen Colorado(303) 925-1996 1243 ENGINEER MAIL ADDRESS PHONE 5• Ted GuyLICENSE 922. Colorado Ave. Glenwood Springs 945-9171 NO. 16983 USE. CF BUILDING 6• Residential 7. Class of work: XNEW ❑ ADDITION ❑ ALTERATION ❑ REPAIR ❑ MOVE ❑ WREC-K 8. Change of use from 3 Change of use ±o �. PLAN CHECK FEE PE RMIT 1EE TG iAL = FE 9, Valuation of wo,1: S 204,000.00 Type of Construction Occupancy Group D-sion -�r� -•>E-. — V 1 � REMARKS: 10. "— • Size of 6u,loog � (Total $qud'e Ft.) a No. Of Stories Ma.. Occ. Loao ' , ^ /�Zone Use Zone Fir. SPriokle:s Reoulre� _ J �- V//f r1: I O YesNO No, of Dwelling Units OFFSTREET P\AR�KING SPACES: Ceveretl z ! Uncovered 1 Special Approvals REQUIRED AUTHORIZED BY DATE ZONING APPLICATION ACCEPTED PLANS CHECKED AP P ROVED FOP ISSUANCE HEALTH DEPT. BY BY BYetffn tj� FIRE DEPT. �! SOIL REPORT DATE DATE GATE PARK DEDICATION NOTICE SEPARATE PERMITS ARE REQUIRED FOR ELECTRICAL, PLUMBING, WATER TAP HEATING, VENTILATING OR AIR CONDITIONING. ENG. DE IT, THIS PERMIT BECOMES NULL AND VOID IF WORK OR CONSTRUCTION AUTHORIZED IS NOT COMMENCED WITHIN 120 DAYS, OR IF CONSTRUC °VIER ($PECIF�) TION OR WORK IS SUSPENDED OR ABANDONED FOR A PERIOD OF 120 DAYS AT ANY TIME AFTER WORK IS COMMENCED. I HEREBY CERTIFY THAT I HAVE READ AND EXAMINED THIS APPLICATION AND KNOW THE SAME TO BF TRUE AND CORRECT. ALL PROVISIONS OF LAWS AND ORDINANCES GOVERNING THIS TYPE OF WORK WILL BE COMPLIED WITH WHETHER SPECIFIED HEREIN OR NOT. THE GRANTING OF A PERMIT DOES NOT .cTuti Q .>'�i�i€ MIT ON.�}Y�I ,F Lcf T�L7 PRESUME TO GIVE AUTHORITY TO VIOLATE OR CANCEL `THE PROVISIONS OF _ rITL� V . 7� ANY OTHER STATE OR LOCAL LAW REGULATING CONSTRUCTION ' H 7H PER [ WO TPERMLT-..Jcy/LL FjC FORMANCE OF CONSTRUCTION. SI NA1ll i ) lACll C1 'HC IlEU AGE T ( ATE)�.00TIS 1981 L1 19 81 Z1IQNA T �r crN. ER E wNLRR ILDERI niL) PITKIN COUNTY // -�-- PITKIN COUNTY v VALIDATION 161 C>o ASPEN, COLORAM 81G11 ASMtt CQ`.RAQO 81611 1/ PERMIT VALIDATION CK. M.O. ❑ CASH ❑ PLAN CHECK VALIDATION CK. f� M,O. ❑ CASH ❑ WHITE -INSPECTOR'S COPY YELLOW -ASSESSOR'S COPY PINK - BUILOING DEPARTMENT FILE GOLD -CUSTOMER'S COPY ` v ' .100 � � | ` C7 MEMORANDUM TO: City Attorney City Engineer Housing Director FROM: Alan Richman RE: Vincenti Building Company - Subdivision Exception (condominiumization) DATE: April 23, 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 ADDITIOdAL TOWNSITE, City of Aspen. This item is scheduled for review by the Aspen Planning and Zoning Commission on June 2, 1981; please return any comments or recommendations to me by Wednesday, May 20, 1981. Thank you. 1 0 0 CITY 4$F ASPEN 130 south galena street aspen, colorado 81611 f,A Mr)T?AMTVIM DATE: May 1, 1981 'TO. Alan Richman FROM. Paul Taddune RE: Vincenti Building Company - Subdivision Exception (Condominiumization) Applicant must demonstrate coiapliance with Section 20-22 of the Code. PJT:mc 506 Eest Main street `LDING PERMIT APPLICATION Asperr-9c4crada 61611 303/925-5973 ASPEN4PITKIN REGIONAL BUILDING CSEPARTMENT Jurisdiction of Applicant to complete numbered spaces only. JOB ADORLSS LEGAL LOT NO. BLOCK/^ 'yam TRA,{C/-�T{ OR SUBDIVISION 1. UESC R. ` �1 �1 CAT OWNER MAIL ADDRESS ZIP ^. / 2. �1CaMG C,cr"�3^r`" CONTRACTOR ! / MAIL ADDRESS PHONE ARCHITECT OR DESIGNER MAIL ADDRESS PHONE ENGINEER MAIL ADDRESS PHONE 5. USE BUILDING t 6. '�11 ',jel 7. Class of work: ❑ NEW 8. Change of use from Change of use to 1 9. Valuation of work: S ( 10. REMARKS: it ADDITION ❑ ALTERATION ❑ REPAIR ❑ MOVE PLAN CHECK FEE •= 3 r , . Type of Construction Size of Building (Total Square Ft.) Fire Zone No. of Dwelling Un-tS Special Approvals ZONING HEALTH DEPT. APPLICATION ACCEPTED BY 11 DATE `\ PLANS CHECKED v� AP PR D FOR ISSUANCE BY FIRE DEPT. , BY DATE ��' (" ( / DATE L� SOIL REPORT pggK DE OI CATION NOTICE SEPARATE PERMITS ARE REOUiRED FOR ELECTRICAL, PLUMBING, HEATING, VENTILAl ING OR AIR CONDITIONING. THIS PERMIT BECOMES NULL AND VOID IF WORK OR CONSTRUCTION AUTHORIZED IS NOT COMMENCED WITHIN 120 DAYS, OR IF CONSTRUC- TION OR WORK IS SUSPENDED OR ABANDONED FOR A PERIOD OF 120 DAYS AT ANY TIME AFTER WORK IS COMMENCED. 1 HEREBY CERTIFY THAT I HAVE READ AND EXAMINED THIS APPLICATION AND KNOW THE SAME TO BE TRUE AND CORRECT. ALL PROVISIONS OF LAWS AND ORDINANCES GOVERNING THIS TYPE OF WORK WILL BE COMPLIED WITH WATER TAP ENG. DEPT. General Construction Permi t (U SEE ATTACHED SHEET) PHONE S-7 cr LICENSE NO. LICENSE NO. LICENSE NO. ❑ WRECK PERMIT FEE. 110TALFFE _ �J L� ! Occupancy Group I Division No. of Stcnes Use Zone Max. Occ. L_3o Fire Sprinklers Required ❑ Yes ❑ No OFFSTREET PARKING SPACES: Covered I Uncovered REQUIRED I AUTHORIZED BY I DATE WHETHER SPECIFIED HEREIN OR NOT. THE GRANTING OF A PERMIT DOES NOT THIS FORM IS A PERMIT ONLY WHEN, VAICI�TED PRESUME TO GIVE AUTHORITY TO VIOLATE OR CANCEL THE PROVISIONS OF L ��Ir �+ �[ 3 I ANY OTHER STATE OR LOCAL LAW REGULATING CONSTRUCTION OR THE PER. WORK STARTED WITHOUT PE'�A7NtTVbILL Gt D u LF FEE--1 FORMANCE OF CONSTRUCTION.m,A,. �. 12 A 1 SIGNATLA, f IACTORQJ UT IURIZEU AGENT (DAI I 1 / 161 'v Y I 'NATURL Ur 04Nk R I I F OW'N[Ikl AJ IL.:LRI IDA l 1� 1.1 C; )O STY . I�1 VALIDATION EN. ���� 51� PERMIT VALIDATION CK. ❑ M.O. ❑ CASH ❑ PLAN CHECK VALIDATION CK. //�� M.O. ❑ CASH 0 WHITE INSPFCTOR'SCOPY YELLOW - AS`:ESSOR'SCOPY PINK. -BUILDING DEPARTMENT FILE GOLD -CUSTOMER'S COPY tL� . PLUMBING F�: PITKIN COUNTY CJ CITY OF ASPEN C 4 r /Annlicdot to complete numbered svices only. JOB ADDR E55 _ z's—_ _ I / 1DE5CF. LOT NO, BL TRACT �[D S[L ATTACHSHEET) OWNER / MAIL AOORESS 21p PHONE CONTRACTO l�I ADDRESS ) PHONE LICENSE NO. RCM TEC O E5I GNER IL ADDR EQi PHONE LICENSE NO. 4ENGIN ER MAIL AOORE55 PHONE LICENSE NO. 5 .ENDER MAIL AOORESS 6 BRANCH USE OF BUILOING 7 8 Class of work: ❑ NEW ❑ ADDITION ALTERATION ❑ REPAIR 9 Describe work: PERMIT FEES I No. Type of Fixture a Itam �_ F"_ i L:AL CONDI T iGNS. ... .%ATEr1 CLOSET :TOILET) BATHTUB I LAVATORY (WASH BASIN) SHOWER ��-- KI TCHEN SINK & CISP. 1 DISHWASHER I APPLICATION ACCEPTED By 'PLANS CHECKED 8� I A con IS AN' eI / LAUNDRY TRAY }—r — ---� CLOTHES WASHER i i�� / } L l WATER HEATER NOTICE-i/j'�� -I URINAL +_ THIS PERMIT BECOMES NULL AND VOID IF WORK Oi9 CONSTRUC DRINKING FOUNTAIN TION AUTHORIZED IS NOT COMMENCED WITHIN 60 DAYS, OR IF CONSTRUCTION OR v40RK IS SUSPENDED OR ABANDONED FOR A FLOOR SINK OR DRAIN — SLOPSINK PERIOD OF 120 DAYS AT ANY TIME AFTER WORK IS COM- 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 ORUINAr10ES COVE RNING THIS — WASTE INTERCEPTOR TYPE OF WORK WILL BE COMPLIED WITH WHETHER SPECIFIED HEREIN OR NOT, THE GRANTING 01 A PERMIT DOES NOT VACUUM BREAKERS PRESUME TO GIVE AUTHORITY TO VIOLATE OR CANCEL THE PROV IS:ONS OF ANY OTHER STATE OR LOCAL LAW REGULATING - LAWN SPRINKLER SYSTEM CONSTRUCTION OR THE PERFORMANCE OF CONSTRUCTION. SEWER CESSPOOL SEPTIC TANK & PIT It PVC SI4,uO ONTR CTOR UR AUTHORIZED AGENT IOATEI — PERMIT TOTAL FEE $ IGNAn:RE oR CWNER IIE 0-1- B,,ILDERI— 10ATE1 WHEN PROPERLY VALIDATED (IN YTMVSPACE)'T?115 fS YOUR PERMIT _ PLAN CHECK VALIDATION CK M.O. CASH Z r-fllRMfT VAO ATION CK. M.O. CASH MAR 31 It PITKifl COUNTY 'I gqmul 81 E;S 1 _—.... ......+•.- .u�ne.-r.�o IF I Vr*19-3" 4 r PINK -F;LE UILDING INSSPIECTICN DEPAR.flMENT r' CITY O IW EN -- CUUN iY OF RI_TK iti EJ , &ORADO N O • ! =' - - ' ELECTRICAL PERMIT WHEN SIGNED AND VALIDATED BY BUILDING INSPECT!ON DEPAHTMENT iHiS PERMT AUTHOfIIZES THE: WE7WW. DESCRIBLD BELOW. CLASS OF WORK: NEW ❑ ADDITION El ALTERATION ❑ REPAIR u MOVE ❑ WRECK ❑ — — -- — -��// --- OWNER NAME 1�, ><;1.. �+.��, h..T sic, �lc,nn ADDRESS /C,/� l7•'.? PHONE cr LICENSE LICENSE C�Or,� ��� NAME (AS LICENSED) ,-_ �F ; CLASS NUMBER U ZADDRESS r o :,. c.: s PHONE p SUPERVISOR � J �l FOR THIS JOB NAME 1J� ,- .% DATE CERTIF!:�D NO. OF UNITS DESCRIPTION OF WORK NO. OF UNITS DESCRIPTION OF WORK TEMPORARY METER _ TRANSFORMERS & RECTIFIERS I — NEW SERVICE ENTRANCE WIRING MOTORS & CONTROLS NO. OF OIL BURNERS, STOKERS, NO. AMPS FORCED AIR SYSTEMS CHANGE SERVICE ENTRANCE OTHER NO. AMPS MOTORS —I H.P. CIRCUITS SIGNS // `7 LIGHTING NEON EXT'R SIGN & 1 TRANSFORMER J HEATING NEON INT'R SIGN & 1 TRANSFORMER ADDITIONAL TRANSFORMERS, POWER SUB CIRCUITS EXT . OR INT. UTILITY (RANGE DISPOSER, -- COOLER, FAN, DRYER. WATER HEATER) NO. OF INCA',:'JESCENT LIGHTS OTHER FIRE DETECTION -ALARM SYS'M. FIXTURES — OTHER REMARKS AGENCY AUTHORIZED DATE PUBLIC WORKS MOTES TO APPLICANT: FORWSPECTIONSORiAFORMATIONCALL 925-733s VALUATION�y OF WORK s THE VALUATION OF EACH OF THE ABOVE UNITS SHALL BE INCLUDED IN THE VALUATION OF WOW. PLAN �— FOR ALL WORK DONE UNDER THIS PERMIT THE P£RMITTEE ACCEPTS FULL RESPONSIBILITY FOR CO PLIANCE WITH THE NATIONAL ELECTRICAL CODE, THE CITYOF ASPEN AND ALL OTHER EE T P TOTALFEE FILED + ORDINANCES, COUNTY RESOLUTIONS, CITY ORDINANCES, STATE LAWS, WHICHEVER APPLIES. n T DOUBLE CIiE�,K� PERMIT SUBJECT TO REVOCATION OR Sl!SPFNSION FOR VIOLAT ION OF ANY LAWS GOVFSi:NG SAME REOOIRIED INSPECTIONS SHALL BE REQUESTED I ONE WORKING DAY IN ADVANCE A FINAL WSPECTICN SHALL BE MADE FEE ❑ CASH � 8E_FORE POWER WILL BE RELEASED, AMD 6EFORE THE BUILDING MAY BE OCCUPIED. BUIL INN DFTt�AHTMENT SIGNATURE I OF rr�/ f �_4Alli f APPLICANT: _. %C z = �jc APPROVAL BY / DATE ULI 1 +{. r\ R._ - rOFRMIS A POMIT ONLY DATE — PERMIT NO. LICENSE tt TRECEIPTS CLASS AMOUNT ;IVLILIDAIEO��' h D D 1 log'-, 1 A-- PITKIN COUNTY AgPFN, Cot i)RAN) P161 ° A 0 411 e. CASELOAD SUMMARY SHEET City of Aspen 1. DATE SUBMITTED: �4 a �1/ 2. APPLICANT: No. STAFF: �on 1il`t� ,car -I li � ►1 3. REPRESENTATIVE: a'lleoyx kau f maw .,� le n we s+ Mday •S�'� 4. PROJECT NAME: i e V4 Tsu I I 1C hq Co. suiod. // 5. LOCATION: Zo s t I' 1!21 c�-►oral t, � � F -� ( �/o c /�.3y �s �- Asv� Ada/: r4'aro/ ' 7Davis.' 6. TYPE OF APPLICATION: Rezoning Subdivision Stream Margin P.U.D. Exception 8040 Greenline Special Review Exemption View Plane Growth Management 70:30 Conditional Use HPC Residential Bonus Other one a 1R81 Yl �uI buy larn' (` U i�'ae-C . 7. REFERRALS: V teL'ex//, Attorney S"'itation District School District X Engineering Dept. //F'ire Marshal/bid Rocky Mtn. Nat. Gas Housing Parks �1;14. State Highway Dept. Water Holy Cross Electric Other City Electric Mountain Bell 8. REVIEW REQUIREMENTS: 0 0 0 9. DISPOSIT N: P & Z Approved Denied Date 6 `72-5 S- 1) The applicant agreeing to revise the condominium plat _ to meet the specifications of the Engineering Depart- ment memorandum of May 26, 1931 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/corrmuni- _ 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. Council Approved Denied Date 1 ° S i-,0,e 10. ROUTING: , Attorney ✓ Building ✓ Engineering Other 0 0 0 MEMORANDUM TO: Aspen City Council FROM: Alan Richman, Planning Office RE: Vincenti Building Company Subdivision Exception (Condominiumization) DATE: July 2, 1981 APPROVED AS TO FORM:�� f Location: 1015 East Hyman Avenue (Lots E, F and G, Block 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: R-MF Residential Multi -Family Lot Size: 9000 square feet Applicant's The applicant is requesting a subdivision exception for the Request: 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. Engineering The Engineer, in a memorandum dated May 26, 1981 (attached Department's for your review) provides the following comments: 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; 2) The applicant should provide information as to the number of bedrooms that exist in the duplex and designate one parking space for each bedroom; and 3) The applicant should provide an electrical comriunications easement at the southeast corner of the parcel. After writing this merio, 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 surly 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 recorimnends 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 t) revise the condor-iiinium 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. Council Action: 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. 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. r 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: 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. 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 condominiumization 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 1120-22. The applicant would appreciate your consideration of this application at your next regular meeting. Dated: April 40' , 1981. LAW OFFICES OF GIDEON KAUFMAN B Y Gideon Ka f n Attorneys for Applicant 611 West Main Street Aspen, Colorado 81611 (303) 925-8166 - 2 - • • MEMORANDUM TO: Alan Richman, Planning Office FROM: Jay Hammond, Engineering Department DATE: May 26, 1981 RE: Vincenti Building E, F, and G, Block fractional Lots F Townsite Company Condominiumization, Lots 34, East Aspen Addition, and and G, Block 34, East Aspen Having reviewed the above application for condominiumization and made a site inspection, the Engineering Department has the following comments: 1. 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 1 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. R- LAW OFFICES��',��; GIDEON I. KAUFMAN eox 10001 1 1; 611 WEST MAIN STREET 10 ASPEN. COLORADO 81611PLX ks?try _� �: ��rn► �-,, GIDEON 1. KAUFMAN TELEPHONE FeR�fl�i�, ^AREA CODE 303 DAVID G. EISENSTEIN June 10, 1981 925-8166 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 ACES sufficiently addresses the concerns of the P & Z. If you have any additional questions, please feel free to contact me. Very truly yours, GiqLL deon Kau man GK kw Enclosure • is 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 Environmental Studies (a 501c3 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, Benjamin T. Foster ACES Director P.O. Box 8777 • Aspen, Colorado 81612 0 (303) 925-5756 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: 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. 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 condominiumization 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 1120-22. The applicant would appreciate your consideration of this application at your next regular meeting. Dated: April .y - , 1981. LAW OFFICES OF GIDEON KAUFMAN 1 By Gideon Ka Ar n Attorneys Applicant 611 West Main Street Aspen, Colorado 81611 (303) 925-8166 - 2 - K&E 19 1134 9-80 MC904- FIRST FLOOR SECTION 2FNr a BASEMENT SECOND FLOOR LOFT OWNERS CERTIFICATE 11INC1 NTI fbU)Lr71NG COMPANY, A MICW&AN PAIRTNEKSNIP JOPH VINCENTI, GENERAL. I°ARTN1 K, A5 OWNEr2 Or LGT5 E, i, e C7 6LOCN 54, EA5T A51'E.N f0WN51T1 , -IND Fr�'CTIONAL I AKT5 Cf L.0T5 r - G, CITY Of A51" N, COLO"f�0, UEREl3Y CERTIFY THAT TUIS MAr OF 4A5 SEEN PKE7'/VZED PURSUA}\fT TO TPE PURPOSES 57ATED fN "THE CCNMMINIUM DECLARATICDN 1 C OATEP rWD KECOfZTJEf7 1N 1500N AT PAGIC CF n E. KLCORD-'5 OF P17K1N COUNTY, COLCKAM. VINCENTI BUILDING COMFMY A MICJ-41GAN t'ARTNEIZ:D41P JCI-1N VINCENTI , GE.NERR PARTHE4?- SURVEYORS CERTIFICATE I, JAMI 5 F KE5ER, A REGISTEFEP LAND SURVEYOR, HEREBY CERTIFY TUAT TN15 W REPKE5ENT5 AN ACTUAL rIELO SURVEY 1-1rRF0TzMEP UNrOfR MY DI1QE`fIGN AND t(JPEfZVISION W MARc1I, I°I81, OF LDT5 I-, F, t G, 6LGXK 54, EAST A5PE,N JOWN5ITE, fY Its f-NACTIt DIAL. PAf1T5 OF LOTS F E Cam, CITY OF -ASPEN COLC "Df >, AWD THAT TIDE 71-IrZ STORY Y1Wo FIZ4 r� 'PUPLEA WAS FCRJND TO P'E LOCATED f-NTIKELY W17UIN 1PE tOUNPAKY LII`F5 Cr JA(P LOTS E, f, IG, A-D � IONM L KEON. 714E LOCATION AND DIMEN51CaN5 OF- TUE nWNDAAY LINES, BUILDINGS IMt'1<0VEMENTS, FA5EMEN15 KIGN75-OF-WAY IN f-VIDENCE OK KNOWN TO ME AND I NKKCii�CNMENTS OY OR ON TNI 5E FREM15E.5 AME ACCUrATE.LY SHOWN ON THIS NV1P, /AMP TUE M-W ACCUKKrELY AND 5U1�)5'TANTIA.LY FEPICT5 THE LOCATION ANTS TPE 14OK7Q-fTA1 AND VEIZT(CAL MEASUtZEMFJ-fTS OF TOE BUILDING, TPL CONr)0M1NIUM UNITS TUEKEIN, THE UNIT DrE )I7NATICN JkEKE( Ut4)E.T< TUE. IN57KUCTIONO FKOVIVED ME by, TUC OWNER, 711E. DMENSICN5 OF SAID UryITJ ANV TUE ELEVATIONS Of TUC. rL00K0 W CEILINGS, IJAWIES P KESER, L. S.. `1104 F,YECUTrD TW.`- W OF STATF- OF COLOI`?, COUNTY OF PITKIN ) -WE. F-OKE601NG OWNERS CEfzTIFICAT£- WA5 ACKNCWLEDX;EP 15EFD -E, Mir TI-4(5 t2AY OF 1`I81, f5Y JOl-IN V1W-E4!`JTI A5 GI;NF-KA.L PAKT4ER Cr VINCENTI nJILDING COW", A MICWGAN 1'ARTNEF�--!)F WITNESS MY "AND MP OFFICIAL 5EAL, MY COMMI551014 E WIKEI5 KM/11ZY PUOLIC - --- -- CITY OF ASPEN CONDOMINIUM APPROVAL 71415 CONDOMINIUM MAP Of WA5 AffKC)ar) BY -[WE CITY COUNCIL OF THE CITY CF f�SPEN, COLOKAI".O, TN15 FAY OF , 11101. MERMAN EDEL, MAYOf-\ KATPY KCC14, CITY CLF-11 ` PLANNING & ZONING COMMISSION APPROVAL TU15 CONMMINIUM MAP OF WA5 APPROVED 5Y TUE CITY OF ASPEN PLANNING AMID ZOKWS COMMISSION 7WI-3 DAY OF , 001, CITY ENGINEERS CONDOMINIUM APPROVAL -[Wo CONoOMINIUM MA1' OF WA') APFFROVfTJ 5Y TPE 07Y ENGiHEE,R Cr -ME CITY OF ASPEN, COLON, nUI DAY OF , Mg1 k CLERK & RECORDERS CERTIFICATE 11415 CONMMINIUM MAP Cr WA5 ACCEPTED FOR FILING IN TLt: OFi~ICE a Tpc CLERK AND RECUF-DFR- OF TPE COUNTY CF PITKIN, 5TATE OF COLON AT O'CLCI;K _M, 7415 DAY CF AIM, ANP WAS PUI..Y FILED IN CC OK AT PAG& f�ECF1�TIOF1 NLIMI3E.R PITKA-1 6aXITY CLERK # RECORPEF- VOTICE: Accordinq to Colorado law You must commence anv lenal —fine Hlpme JUfVeyb Surveyed 3 )"1'51 f7b Revisions e upon any detect m is survey within d years nafter you first discover rafted such defect In m event may years based upon any defect in this survey (o 81 oe commenced more than ten years from the date of the certification shown Post Office Box 1730 V hereon. Aspen, Colorado 81611 303 925 2688 Title CONMM I N I UM MAP LOTS E , F, &, C17Y OF AMEN, DLOCI� N COLUl AJJ0 Job No 51 54 Client VINCENTI K&E 19 1184 8-80 MC984- th- �._ jz 4 AVE RVe. QZJ DUR� 4 GYM l �1V c� O S 10 20 y0 FT. �IOF tINC�J: IFM']I`1UMEh1T5 AS DATUM PLAI`IE U.S G. iC-S. OEI` CH MNZKS.W. a CORNER PITKIN COI-t AI COUKTHOU�?E., ELL 7400.8' PLAT PREPARED 6Y: FIRST FLOOR 75' „ = 1175 UP Ill, m m C.". - 7fo5' 5 ON O 19.05� I°L05� BASEMENT StC: I ION SECOND FLOOR LOFT OWNERS CERTIFICATE VINC1rNTl DUILOIN& COMPANY, A MICP16AN FMTNEK54It' JONN VINCENTI, GENERAL. fAKTNEK, A5 OWNER OF LOT5 F-, f= f 6, 15LOCK 54, EA5T A5MN IOWN51TE, fWD FKFCTIONAL PfVZ75 OF LOTS 1" t Cam, CITY Or Afw-EN, COLOrAm, PEREC6Y Cf_.RTfFY TIaAT TUIS MAP OF W\5 5EE4N FKEPARE1D PURSUANT TO TUE FURFO-fE5 STATED IN TUE CONMMINIUM DECLARATON f-o I)ATEfo WD FECOf; tVEP JN 15COt AT fAGf- CIF TVki KEC.ORDS Cf PIIKIN COUNTY, CiOLOZAM VINCENTI 5JILDING COMPANY A MIC"IGAN 1'AKTNfJZ:5PIP JOPN VINCENTI , G HER I PAKTNE - SURVEYORS CERTIFICATE I, JAMCS F K1 5EIR, A MGI5TEKE0 LAND SURVEY01,, HEREBY CERTIFY TNAT TkI5 MM KEM5ENT5 AN ACTUAL FIELD SJURVE.Y t',ERFOFWEP L1 )ER MY DIKECTICH AND Wf7E1- VISION W MARG-I, 19f%, OF W15 f F, t! G, bLOCK 54, FAST ASFE,N-K)WN51TF-, AJyP FMACTIC:NAL. FART5 of LOTS F E G, CITY OFAS-PEN COLORAP0, MID THAT Tl-4E Il-{KE .STORY YvWJD f}zAM(✓ 'DUPLLJC W:5 FOUND TO P-, LOCATED F-NTIRELY WITLIIN INE bOUNDWY LINES OF ,7A(P LOT--!) L, F, I G, A5 t-IOWN OEREON. THE LOCATION AND DIMENgICNS OF TUE naNr7Ar",Y LINES, WILDING IMrrDVEMENTS, EA5EMEN15, KIGHT5-OF-WAY IN �vN VIDCNC1i OK i<,HO TO ME AND E.NCROP\CNMI=NTS 5Y OR ON 1LIE5E CREMI5f-5 AME ACCUTIATF.LY ,1*0INh ON TUIS NV1P, /WNP THE NW AccUKATf LY MP 5Ub5TAMIA`LY DEPICT5 1-IC LOCATION Alin T14L 14MZQ4TAL ANP VE}ZTICAL M1=A51)IZEMD<f) OP 1PE E1JILrD(H&, TUC CONIX)MINIUM UNITS TLIMEIN, THE UNIT OESIGNATICN-TLKEDF UH)EF, TUE If ISTRUCTIONS FRO/JPr-P ME 5Y TWE OWNEtK, ME DIMIENSICHf? OF SAID UryITS NV 74E ELEVAT(ON5 OF TUE fLUOKS AND (ZEILINGS. t1M9E5 P KESEIZ, L. 5. 11194 FYF_CUTED TPIn U-1 Of-,981. STATE OF COLOR^00 COUNTY OF nITKIN ) 7WL FGKEC0OIH& OWNER-'D CEizMFIGATE, WA5 ACKNCWLEDGED SPfOfF ME TPO PAY OF 1981, P5Y X*41H VIf�ENTI A5 6EI`4EWAL FARTHER Cr VINCENTI rULDIN6 COW", A MIC4-116AN rAKTNEt-1c-,P)F' W(TNE.55 MY W"D /WD OFFICIAL SEAL, MY COMMISDION E.CPIRES ._ f.MA,RY PUBLIC CITY OF ASPEN CONDOMINIUM APPROVAL TF415 CINDOMINIUM r1AP Of WAS APY OVEFD 5Y IL1E CITY COUNCIL OF TUE CITY Of P.�N, COLOKP-I:�O, TH15 DAY Or _ , I'ISI. NER1"fAN EDEL, MAYOR KAT4IY KCCP, CITY CLERt` PLANNING & ZONING COMMISSION APPROVAL TUIS CONZMINIUM MAP OF WA5 APPROVED 15Y THE CITY Cf ASPEN FLANNIN6 AND ZONIW, COMMISSION 7L415 DAY OF , t981, CITY ENGINEERS CONDOMINIUM APPROVAL -TUIS CONDOMINIUM W OF WAS APPROVED? 5Y TPG (,1TY E3-i&It-4EE-, Cr T44E CITY Of ASPEN, ffGL0K^D0, TWO JAY OF , MO) . CITY ENGIN)✓ER CLERK & RECORDERS CERTIFICATE THIS CONMMINIUM MAY er WA5 ACCEPTE.>7 FOR FILING IN TPF- OFFICE OF TIDE CLERK AND 12ECOfZDEIZ OF T14E COUNTY Cr PITKIN, STATE OF COL0KAf)p1 AT O'CLC-'K _M, 7PI5 j�)AY EPTIDN NUMP�ER'1�f81, AND WAS PULY FILED IN EWf� AT P1ArF- PITNI-I CIXJNTY CLM11 t RECORDER VOTICE: According to Colorado law you must rommenca any i—i r— based upon any defect in this survey within six years after you first discover Alpine z-3urveys Surveyed 319 51 f76 Revisions such defect. In no event may any action based upon any defect in this survey Drafted �}.(� gD D.R.be commenced more than ten years from the date of the certification shown hereon. Post Office Box 1730 Aspen, Colorado 81611 303 925 2688 Title CONDOMINIUM MAP LOTS E , F , &, CITY OP A5f EN, 01-00`\ N COLORAIDO Job No 51 54 Client VINCENTI