HomeMy WebLinkAboutcoa.lu.ec.Winfield arms, condominiumization
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CASELOAD SUMMARY SHEET
City of Aspen
No. &/~ 73
Staff: 7?/'dJtl/t/I l:J1.t; / ../
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PROJECT NAME: W#r7I"l,jd/~ ~,,~~~
APPLICANT' ~ Ph,""
REPRESENTATIVE: . Phone: t:/,,;J6--/93b
TYPE OF APPLICATION:
I. GMP/SUBDIVISION/PUD (4 step)
(Fee)
1. Conceptual Submission
2. Preliminary Plat
3. Final Plat
($1,840)
($1.120)
($ 560)
;,...
II. SUBDIVISION/PUD (4 step)
- .-.. , ......
1. Conceptual Submission
2. Preliminary Plat
3. Final Plat
($1,290)
($ 830)
($ 560)
($1,010)
($ 465)
I II. EXCEPTION/EXEMPTION/REZONING (2 step)
~ IV. SPECIAL REVIEW (1 step)
1. Special Review
2. Use Determination
3. Conditional Use
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REFERRALS:
.; Attorney
. '; ..>:,...;J!!"..'!.:;E'f.,r.ing Vert
Date Referred: 7 - / - 73
Sanitation District
School District
., ;;~;T" Moun ta in Be 11
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Rocky Mtn. Nat.Gas
State Hgwy. Dept.
Fire Chief
l~vi.Ah'.ing
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Pa rks
Water
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Holy Cross Electric
. (Fire Marshall/Building Dept.
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City Ele!;L,"i'c
Other
Date Routed: ~~ 3
Engineering
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BOOK 455 ,;~"[38~~
254855
STATEMENT OF EXCEPTION FROM THE FULL SUBDIVISION
PROCESS FOR THE PURPOSE OF CONDOMINIUMIZATION
FOR WINFIELD ARMS CONDOMINIUMS LORETTA BANNER
PITKIN CTY. RECORDER
WHEREAS, W/J RANCH, INC., a Colorado corporation
Nov 9 3 13 PM '83
(hereinafter "Applicant"), is the owner of a parcel of real
property (and the improvements thereon) situate in the City of
Aspen, Pitkin County, Colorado, more particularly described as
follows:
Lots D, E, F and the West 25 feet of
Lot G, Block 70, City and Townsite of
Aspen.
also known as 119 E. Cooper Street, Aspen, Colorado 81611.
WHEREAS, Applicant has requested an exception from the
full subdivision process for the purpose of condominiumizing the
building on the subject property (said building common known as
WINFIELD ARMS); and
WHEREAS, the Aspen Planning and Zoning Cormnission at
its meeting of Septernber 6, 1983, determined that such exception
would be appropriate and recormnended that the same be granted,
subject, however, to certain conditions; and
WHEREAS, the City Council determined at its meeting of
September 26, 1983, that such exception was appropriate and
granted the same, subject, however, to certain conditions;
NOW, THEREFORE, the City Council of Aspen, Colorado,
does determine that the owner's application for exception from
the full subdivision process for the purpose of condominiurni-
zation of WINFIELD ARMS is proper and hereby grants an exception
from the full subdivision process for such condominiurnization;
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BOOK 455 0;;, :383
PROVIDED, HOWEVER, that the foregoing exception is
expressly conditioned upon: (1) the Applicant's recording
(contemporaneously herewith) with the Pitkin County Clerk and
Recorder that "Declaration of Covenants, Restrictions and
Conditions for WINFIELD ARMS", dated
OC.""" k, 1983, and
(2) the Applicant's strict compliance for itself, its successors
and assigns, with the provisions contained therein and all other
binding conditions of approval on this matter set by the Planning
and Zoning Cormnission and/or the City Council.
DATED THIS ci2!/::- day of ~, 1983.
~ ~/~~
Mayor
APPROVED AS TO FORM:
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J. Taddu , City Attorney
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Paul
I, KATHRYN S. KOCH, do hereby certify that the
foregoing Statement of Exception from the Full Subdivision
Process for the Purposes of Condominiumization of WINFIELD ARMS
was considered and approved by the Aspen City Council at its
regular meeting held ,~26, 1983, at which time the
Mayor, William L. Stirling, was authorized to execute the same on
b~h'a"Xf"bf the
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Kathryn S
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City Clerk
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BOOK 455 PAGE384
DECLARATION OF COVENANTS, RESTRICTIONS AND CONDITIONS
FOR THE WINFIELD ARMS CONDOMINIUMS
W/J RANCH, INC., a Colorado corporation, (Hereinafter
"Covenantor") for itself individually and for its personal
representatives, successors and assigns, in consideration for the
granting of an exception from the full subdivision process for
the purpose of condominiumization of the following described
property (known as the Winfield Arms Condominiums), hereby
covenants with the City of Aspen, Pitkin County, Colorado, to
restrict said property, and hereby does restrict said property as
follows:
1. Covenantor represents that it is the record title
owner of the following described property, situate in the City of
Aspen, pitkin County, Colorado, together with the improvements
located thereon:
Lots D, E, F and the West 25 feet of
Lot G, Block 70, City and Townsite of
Aspen.
also known as 119 E. Cooper Street, Aspen, Colorado 81611.
2. The sale of any of the dwelling units located on
the above described property shall be in strict compliance with
the provisions of Section 20-22(a), Aspen Municipal Code as
follows:
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(a) Existing tenants shall be given written notice
when their unit is offered for sale, which notice shall
specify the sale price. Each tenant shall have a
.....ninety-day nonassignable option to purchase their unit
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~at this preliminary market value. In addition, each
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~tenant shall have a ninety-day exclusive nonassignable
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right of first refusal to purchase their unit which
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'~shall cormnence when a bona fide offer is made by a
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third person, and accepted by the owner. In the event
that such offer is made while the ninety-day option is
still in effect, the tenant may purchase the unit for
the amount of the initial sales price or the amount of
the bona fide offer, whichever is less.
______.._''''__~__,.'$..-,'w.-,.."-~,--'~-,.."...-----
BOOK 455 PAGE385
3. The dwelling units located on the above-described
property shall and hereby are restricted to six (6) month minimum
leases with no more than two (2) shorter tenancies per calendar
year, all described in Section 20-22(b), Aspen Municipal Code, as
amended.
4. In the event that any municipal improvement or
improvements of a kind contemplated in Section 20-16 of the
Municipal Code of the City of Aspen, as amended, became, in the
sole judgment or discretion of the City Council of the City of
Aspen, necessary or desirable to the area of the above described
property, convenantors will make no objection to any special
assessment or special tax or proceeding therefor on the basis
that the property is adequately served by existing improvements
and/or on the basis that the premises will not be served or
benefited by the irnprovement or improvements proposed.
Convenantor further agrees to join, upon the demand therefor by
the City, any special improvement district, urban renewal
district, or downtown development district formed for
construction of such improvements (including, without limitation,
signage, drainage, underground utilities, paved streets and
alleys, planting, curbs, gutters, sidewalks, street lights,
traffic circulation, trails, recreation facilities, berms open
space lands, public transportation facilities, parking, etc.) in
the area of the above-described property or to reirnburse the City
of Aspen directly upon demand therefor if the City should choose
to construct these improvements without the formation of such a
district.
5. 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 heirs, representatives, successors and assigns, for a
period of fifty (50) years from the date these covenants are
recorded.
6. None of the covenants contained herein shall be
released or waived in any respect or modified or amended during
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BOOK 455 PAGt386
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.
IN WITNESS WHEREOF, this declaration has been duly
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executed this ~ day of October, 1983
W/J RANCH, INC., a Colorado
corporation
By
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ATTEST:
STATE OF COLORADO
ss.
COUNTY OF PITKIN
,.., "..........,.. The foregoing document was acknowledged to before me
,~h~hnH~*~ day of October, 1983, by wilton L. Jaffee, President
,.. ~~"Ronal' .G.arfield, Assistant Secretary of W/J Ranch, Inc., a
'~.:~nQ cqrporation.
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:(::.. ':ij.:"' '" \.,., WJ)~NESS my hand and official seal.
,.....\l')>.'Jt.~~). (~y.cormnission expires: 1-21-85
. .~I'I:'o"r (',;'.
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Hyman Avenue
CO 81611
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\. ' "Move to apprO""'"", subdivision exeption for~e Winfield Arms
. t/JJ' condominiumiza, ..on subj ect to the followi conditions:
~~~ 1. Existing tenants shall be given written notice when
~ ~ their unit is offered for sale, which notice shall
. ,J specify the sale price. Each tenant shall have a
\ l ninety (90) day non-assignable option to purchase their
~ ~\ ') unit at this preliminary market value. In addition,
~~ each tenant shall have a ninety (90) day non-exclusive
cJ\ ~ non-assignable right of first refusal to purchase their
,~\~ unit which shall commence when a bona fide offer is made
\~~J by a third person, and accepted by the owner. In the
~t'~ event that such offer is made while the ninety (90) day
option is still in effect, the tenant may purchase the
unit for the amount of the initial sale price or the
amount of the bona fide offer, whichever is less.
2.
All units shall be restricted to six (6) month minimum
leases with no more than two (2) shorter tenances a year.
3.
A seven (7) foot x ten (10) foot easement shall be de-
dicated and indicated on the plat for the electrical
transformer.
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The plat shall detail the number and size of parking
spaces available on the property.
5.
Survey plat details as listed in Chuck Roth's memo
of July 18, 1983, shall be corrected on the plat prior
to recordation.
6. In the event that any municipal improvement or improve-
'ments of a kind contemplated in Section 20-16 of the
Municipal Code of the City of Aspen, as amended, became,
in the sole judgment or discretion of the City Council
of the City of Aspen, necessary or desirable to the area
of the above-described property, covenantors will make
no objection to any special assessment or special tax or
proceeding therefor on the basis that the property is ade-
quately served by existing improvements and/or on the
basis that the premises will not be served or benefitted
by the improvement or improvements proposed. Covenantor ".
further agrees to join, upon the demand therefor by the
City, any special improvement district, urban renewal
district, or downtown development district formed for
construction of such improvements (including with
limitation, signage, drainage, underground utilities
paved streets and alleys, planting, curbs, gutters,
sidewalks, street lights, traffic circulation, public
facilities, parking, etc.), in the area of the above-
described property or to reimburse the City of Aspen
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directly ut~ demand the~efor if the City should choose to
construct these improvements without the formation of such
a district.
7.
The applicant shall draft and record a statement of
eXception and deed restriction documents memorializing
the various conditions of approval, with the term of
those documents to be approved by the City Attorney. If
the City conditions or requirements apPear in the Condo_
minium Declarations, Articles or BY-Laws of the homeowners
assOciation, the City Attorney shall also review and approve
those documents. If not, there shall be space on the plat
for cross-reference to the recording information of the
Statement of Exception and Deed Restrict~on Documents.
G
The applicant shall draft a parking plan maximizing the
available parking (up to one space per bedroom). If there
is less than one space per bedroom or per unit they shall
be allocated as equitably as Possible. The plan shall be
approved by the City Engineering Department.
9. 'he cOmmitments stated in the affidavit of June 17, 19B3,
'nd in the Supplemental affidavit of August 12, 1983, are
'onditions of this approval"
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MEMORI,NDUM
TO:
Aspe~City Council
FROM:
Richard Grice, Plan~ing Office
RE:
Winfield Arms Apartments -. Condominiumization -
Subdivision Exception
DATE:
September 26, 1983
APPRO'lED AS TO FORM:
The attached letter of application requests condominiumization
of the Winfield Arms Apartments. Winfield Arms Apartments is
located mid-block on the south side of Cooper Street between
South Aspen and South Garmisch Streets.
Section 20-19(c) of the City Code permits the City Council to
grant an exception to subdivision procedures and to grant final
subdivision approval when it finds full subdivision procedures
would serve no useful purpose. We believe this condominiumization
of an existing apartment building to be an appropriate situation
for an exception to subdivision procedures. Since the building
already exists, its impacts are already established and a
change in the form of ownership by condominiumization is not
anticipated to create additional impacts.
The City Engineering Department did note a few minor details
which should be corrected as a condition of this approval.
They recommended the standard improvement district requirement,
the dedication of an easement for the electrical transformer on
the property and requested that the number and sizes .of existing
parking spaces available be indicated on the plat. Other
specific survey plat details as listed in Chuck Roth's memo of
July 18, 1983, should be corrected on the plat prior to recording.
The City Code establishes additional criteria for condominiumization
(Sectiqn 20-22) including:
1. Notice to tenants, and
2. six (6) month minimum leases with no more than two
(2) shorter tenancies per year, and
3. Demonstration that approval will not reduce the
supply of low and moderate income housing, and
4. Undergo an inspection for life, health and safety
concerns.
The Planning Office believes that each of the above criteria
have been or can be appropriately handled through conditions of
approval.
The applicant committed in the attached letter to the established
terms of notice to tenants and to the six (6) month minimum
lease provision.
In order to demonstrate that the supply of low and moderate
income housing will not be reduced, the applicant provided us
with an affidavit which shows that the apartment rents within
the previous eighteen (18) months were well above the maximum
middle income housing rate of $82/sq. ft.
,..-~'"
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HIlMO: Winfield Arms
September 26, 1983
Page Two
Finally, the l3uilding Department conducted their usual ii1spection
of the building and found there to be no life, health and
safety concerns.
The Planning & Zoning Commission considered this application at
their regular meeting on September 6, 1983, and recommended your
approval subject to nine conditions outlined in the motion which
follows.
The Planning Office recommends your approval by the following
motion:
"Move to approve subdivision exeption for the Winfield Arms
condominiumization subject to the following conditions:
1. Existing tenants shall be given written notice when
their unit is offered for sale, which notice shall
specify the sale price. Each tenant shall have a
ninety (90) day non-assignable option to purchase their
unit at this preliminary market value. In addition,
each tenant shall have a ninety (90) day non-exclusive
non-assignable right of first refusal to purchase their
unit which shall commence when a bona fide offer is made
by a third person, and accepted by the owner. In the
event that such offer is made while the ninety (90) day
option is still in effect, the tenant may purchase the
unit for the amount of the initial sale price or the
amount of the bona fide offer, whichever is less.
2. All units shall be restricted to six (6) month minimum
leases with no more than two (2) shorter tenances a year.
3. A seven (7) foot x ten (10) foot easement shall be de-
dicated and indicated on the plat for the electrical
transformer.
4. The plat shall detail the number and size of parking
spaces available on the property.
5. Survey plat details as listed in Chuck Roth's memo
of July 18, 1983, shall be corrected on the plat prior
to recordation.
6. In the event that any municipal improvement or improve-
ments of a kind contemplated in Section 20-16 of the
Municipal Code of the City of Aspen, as amended, became,
in the sole judgment or discretion of the City Council
of the City of Aspen, necessary or desirable to the area
of the above-described property, covenantors will make
no objection to any special assessment or special tax or
proceeding therefor on the basis that the property is ade-
quately served by existing improvements and/or on the
basis that the premises will not be served or benefitted
by the improvement or improvements proposed. Covenantor
further agrees to join, upon the demand therefor by the
City, any special improvement district, urban renewal
district, or downtown development district formed for
construction of such improvements (including with
limitation, signage, drainage, underground utilities
paved streets and alleys, planting, curbs, gutters,
sidewalks, street lights, traffic circulation, public
facilities, parking, etc.), in the area of the above-
described property or to reimburse the City of Aspen
,
MEl~O: Winfield l\nns
September 26, 1983
Page Three
directly upon demand therefor if the City should choose to
construct these improvements \vithout the formation of such
a distr'ict.
7. The applicant shall draft and record a statement of
exception and deed restriction documents memorializing
the various conditions of approval, with the term of
those documents to be approved by the City Attorney. If
the City conditions or requirements appear in the Condo-
minium Declarations, Articles or By-Laws of the homeowners
association, the City Attorney shall also review and approve
those documents. If not, there shall be space on the plat
for cross-re~erence to the recording information of the
Statement of Exception and Deed Restriction Documents.
8. The applicant shall draft a parking plan maximizing the
available parking (up to one space per bedroom). If there
is less than one space per bedroom or per unit they shall
be allocated as equitably as possible. The plan shall be
approved by the City Engineering Department.
9. The commitments stated in the affidavit of June 17, 1983,
and in the supplemental affidavit of August 12, 1983, are
conditions of this approval.
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GARfIlElD & HlECHT, r.c.
RONALD GARFIELD
ANDREW V. HECHT
ATIORNEYS AT LAW
VICTORIAN SQUARE BUILDING
601 EAST HYMAN A VENUE
ASPEN. COLORADO 81611
TELEPHONE
(303) 925-1936
TELECOPIER
(303) 925.3008
CABLE ADDRESS
"GARHEC"
KATHERINE HENORICKS
WILLIAM K. GUEST, P.C.
June 21, 1983
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Planning & Zoning Commission
130 South Galena Street
Aspen, Colorado 81611
RE: WINFIELD ARMS CONDOMINIUMS
,
Dear Commission Members:
This is an application for the conversion of Winfield
Arms Apartments to use for condominiums. In support of such
application the undersigned states that all of the following
requirements shall be complied with.
(a) Existing tenants shall be given written notice
when their unit is offered for sale, which notice shall specify
the sale price. Each tenant shall have a ninety-day
nonassignable option to purchase their unit at this preliminary
market value. In addition, each tenant shall have a ninety-day
exclusive nonassignable right of first refusal to purchase their
unit which shall commence when a bona fide offer is made by a
third person, and accepted by the owner. In the event that such
offer is made while the ninety-day option is still in effect, the
tenant may purchase the unit for the amount of the initial sales
price or the amount of the bona fide offer, whichever is less.
(b) All units shall be restricted to six (6) month
minimum leases with no more than two (2) shorter tenancies per
year.
The attached affidavit of the owner demonstrates that
the approval will not reduce the supply of low and moderate
housing.
Very truly yours,
GARFIELD & HECHT, P.C.
~-=-~----= ~~
By: Andrew V. Hecht
For W/J Ranch, Inc.
wilton L. Jaffee, Jr.,
President
AVH/mlc
Enclosure
cc: Wilton L. Jaffee, Jr.
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AFFIDAVIT OF WILTON L. JAFFEE, JR.
STATE OF COLORADO )
) ss.
COUNTY OF PITKIN )
I, Wilton L. Jaffee, Jr., after being first duly sworn
upon oath, state and depose as follows:
1. I am the owner of the improvements located on Lots
D, E, F and the West 25 feet of Lot G, Block 70, City and
Townsite of Aspen known as winfield Arms Condominiums.
2. I submit the following information for you to rely
on in considering my application to convert the above referenced
improvements'to condominiums:
a. I have no present intention to displace any
tenant currently residing at Winfield Arms as a result of the
conversion.
b. No tenant has been required to move
involuntarily within the preceeding 18 months prior to this
application, except in cases of lawful displacement.
c. I have no intention to increase the rental
price of the units by reason of the condominiumization. Rents
will be increased only in the ordinary course of business.
d. If and when I sell such units, I will give the
tenants who do not exercise their right of first refusal at least
180 days after final council approval or whenever the units are
sold, whichever date is later, in which to locate.
3. I further state that the property has not been
rented within the current guidelines by low, moderate or middle
incomes, as is evidenced by the schedule attached hereto as
Exhibit "All.
FURTHER AFFIANT SAYETH NO .
W'
Subscribed and sworn to beE re me this 17+A day of
June, 1983, by Wilton L. Jaffee Jr.
WITNESS my hand and official seal.
My commission expires: I-R.J ~5
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Notary lic
Address. ~ ~ , ';)2 tU
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EXHIBIT "A" TO
AFFIDAVIT OF WILTON L. JAFFEE, JR.
UNIT NUMBER SQUARE RENT RENT PER SQUARE
FOOTAGE FOOT
1 292 $383 $1. 31
2 306 $383 $1.25
3 305 $398 $1. 30
4 315 $383 $1. 22
5 429 $497 $1.16
6 466 $497 $1. 07
7 477 $497 $1. 04
9 453 $447 $ .99
10 298 $383 $1. 29
11 , 295 $383 $1. 30
12 461 $447 $ .97
14 474 $512 $1.08
15 466 $497 $1. 07
16 466 $512 $1.10
17 315 $383 $1. 22
18 304 $383 $1. 26
19 308 $383 $1. 24
20 310 $398 $1.28
21 295 $383 $1.30
22 454 $447 $ .98
24 476 $527 $1.11
25 466 $512 $1.10
26 466 $512 $1.10
27 317 $383 $1. 21
28 454 $447 $ .98
30 472 $497 $1. 05
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MEMORANDUM
TO: Richard Grice, Planning Office
FROM:
Chuck Roth, Engineering Department
t2- .JG
DATE:
July 18, 1983
RE:
winfield Arms Condominiumization
Having reviewed the above application and having made a
site inspection, the Engineering Department has the
following comments:
1. The language of the
Following ". . . this
Please add "Signed this
City certificate is
day of
day of
unclear.
, 1983."
, 1983."
3. The nature of ownership (L.C.E./G.C.E.) of the property
surrounding the structure needs to be indicated.
4. A 7'xlO' easement is needed for the electric transformer,
and the transformer must be indicated as such.
5. Show locations of all utility meters.
6. The adjacent property to the west must be identified as
Aspen wild Subdivision.
7. The subdivision boundary must be monumented (CRS 73, 38-
51-101(1)), and the plat must reflect monuments found and set.
The bearings of the boundary lines should be consistent with a
progression from one monument to the next.
8. Parking spaces must be detailed to show the number of
spaces available and the size of the spaces (8\x18':AMC 24-4
.2(a)). One parking space per bedroom is needed.
9. The legal description in the title and in the Owner's
Certifica~is incomplete. It must reflect the subdivision
or townsite addition to which the parcel belongs.
10. Plat needs vicinity map, bar or graph scale, indication
of zone district, designated trash area,
and area of parcel
to nearest 0.001 acre.
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Page Two
Winfield Arms Condominiurnization
July 18, 1983
11. Attached is a copy of the current improvement district
language required by the Engineering Department to be in
the subdivision exemption agreement.
CR/ co
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Enclosure
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SUPPLEMENTAL AFFIDAVIT OF WILTON L. JAFFEE, JR.
STATE OF COLORADO
ss.
COUNTY OF PITKIN
The applicant states as follows in reference to the
Memorandmn from Gary Esary to Richard Grice dated August 3, 1983:
1. The applicant has no plans for at least one year to
sell any units in Winfield Arms Condominimns.
2. The ordinary course of business probably would mean
what the rental market would support.
3. There was a decrease of $5.00 in rent
of 1981 and a increase of $13.00 in March of 1983.
Exhibit "A" for November of 1981 rent figures.
in November
See attached
4. There have been no evictions for the purpose of
raising rents.
/'-"--. ~/\- ~~
w~~~:;-;r. ,~'his'.. .. c~~
attorney Andrew V. Hecht
Subscribed and sworn to before me this 12th day of
August, 1983 by wilton L. Jaffee, Jr., by his attorney Andrew V.
Hecht.
WITNESS my hand and official seal.
My cor~nission expires: 1-21-85
fYl~ ~-jruf
Notary lic _
Address: ~fCA~ t1;.~~
.
NOVEMBER 1981 RENT
UNIT NUMBER SQUARE RENT RENT PER SQUARE
FOOTAGE FOOT
1 292 $365 $1. 25
2 306 365 1.19
3 305 380 1. 25
4 315 365 1.16
5 429 479 1.12
6 466 479 1. 03
7 477 479 1. 00
9 453 429 .95
10 298 365 1. 22
11 295 365 1. 24
12 461 429 .93
14 474 494 1. 04
15 466 479 1. 03
16 466 494 1. 06
17 315 365 1.16
18 304 365 1. 20
19 308 365 1.19
20 310 380 1. 23
21 295 365 1. 24
22 454 429 .94
24 476 509 1. 07
25 466 494 1. 06
26 466 494 1. 06
27 317 365 1.15
28 454 429 .94
30 472 479 1. 01
All units have utilities and services provided in common.
EXHIBIT "A"
CIT
reet
611
MEMORANDUM
DATE: August 4, 1983
TO: Richard Grice
FROM: Gary ESary~
RE: Winfield Arms Condo
1. The applicant should be required to draft and record State-
ment of Exception and Deed Restriction documents memorializing the
various conditions of approval, with the form of those documents
to be approved by the City Attorney.
2. With respect to the required demonstration that the condomin-
iumization will not reduce the supply of employee housing, I
believe there are some potential ambiguities in the submitted
affidavit that the P&Z might want to address, as follows:
a. In paragraph 2a., the term "present intention", while
strictly accurate, might not satisfy the P&Z. To make its recom-
mendation to Council, the P&Z will probably want to know more
about the applicant's future intentions, at least as to some
definite, forseeable future term. Any plans that the applicant
has to sell these units might be disclosed.
b. With respect to paragraph 2c., the applicant might give
a time frame and some indication of the formula he uses to deter-
mine increases "in the ordinary course of business".
c. With respect to Exhibit "A", P&Z probably will want to
know (1) the date and amount of the last increase; (2) the rental
history of the units for at least the past 18 mnoths; and (3)
whether the units have separately-metered utilities (or services)
or utilities (or services) provided in common.
3. If the City conditions or requirements appear in the Condo-
minium Declarations or Articles or Bylaws of the homeowners asso-
ciation, I'd like to review these documents. If not, there should
be space on the plat for cross-reference to the recording informa-
tion of the Statement of Exception and Deed Restriction docu-
ments.
GSE/mc
MEMORANDUM
TO:
AspenCi ty Council
FROM:
Richard Grice, Planning Office
RE:
Winfield Arms Apartments - Condominiumization -
Subdivision Exception
DATE:
September 26, 1983
The attached letter of application requests condominiumization
of the Winfield Arms Apartments. Winfield Arms Apartments is
located mid-block on the south side of Cooper Street between
South Aspen and South Garmisch Streets.
Section 20-19 (c) of the City Code permits the City Council to
grant an exception to subdivision procedures and to grant final
subdivision approval when it finds full subdivision procedures
would serve no useful purpose. We believe this condominiumization
of an existing apartment building to be an appropriate situation
for an exception to subdivision procedures. Since the building
already exists, its impacts are already established and a
change in the form of ownership by condominiumization is not
anticipated to create additional impacts.
The Citv Engin~erinq Department did note a few minor details
which should be corrected as a condition of this approval.
They recommended the standard improvement district requirement,
the dedication of an easement for the eLectr~caL transformer on
the properi-l' "n" rpql1~"ted that the number and sizes of existing
parkinq spaces available be indicated on the plat. OTher'---'-'
specific survey plat details as listed in Chuck Roth's memo of
July 18, 1983, should be corrected on the plat prior to recording.
The City Code establishes additional criteria for condominiumization
(Section 20-22) including:
1. N~ce to tenants, and
2. Six (6) month minimum leases with no more than two
(2) shorter tenancies per year, and
3. Demonstration that approval will not reduce the
supply of low and moderate income housing, and
4. Undergo an inspection for life, health and safety
concerns.
The Planning Office believes that each of the above criteria
have been or can be appropriately handled through conditions of
approval.
The applicant committed in the attached letter to the established
terms of .notic~ to tenants and to the~ix (6) mont-h minimum
lease provision.
In order to demonstrate that the supply of low and moderate
income housing will not be reduced, the applicant provided us
with an affidavit which shows that the apartment rents within
the previous eighteen (18) months were well above the maximum
middle income housing rate of $82/sq. ft.
~
MEMO: Winfield Arms
September 26, 1983
Page Two
Finally, the Building Department conducted their usual inspection
of the building and found there to be no life. health and
safety concerns._ ~
The Planning & Zoning Cornrnission considered this application at
their regular meeting on September 6, lqa3, and recornrnended your
approval subject to nine-cona~t~ons outlined in the motion which
<
follows. .
The Planning Office recornrnends your approval by the following
motion:
"Move to approve subdivision exeption for the Winfield Arms
condominiumization subject to the following conditions:
1. Existing tenants shall be given written notice when
their unit is offered for sale, which notice shall
specify the sale price. Each tenant shall have a
ninety (90) day non-assignable option to purchase their
unit at this preliminary market value. In addition,
each tenant shall have a ninety (90) day non-exclusive
non-assignable right of first refusal to purchase their
unit which shall commence when a bona fide offer is made
by a third person, and accepted by the owner. In the
event that such offer is made while the ninety (90) day
option is still in effect, the tenant may purchase the
unit for the amount of the initial sale price or the
amount of the bona fide offer, whichever is less.
2. All units shall be restricted to six (6) month minimum
leases with no more than two (2) shorter tenances a year.
3. A seven (7) foot x ten (10) foot easement shall be de-
dicated and indicated on the plat for the electrical
transformer.
4. The plat shall detail the number and size of parking
spaces available on the property.
5. Survey plat details as listed in Chuck Roth's memo
of July 18, 1983, shall be corrected on the plat prior
to recordation.
6. In the event that any municipal improvement or improve-
ments of a kind contemplated in Section 20-16 of the
Municipal Code of the City of Aspen, as amended, became,
in the sole judgment or discretion of the City Council
of the City of Aspen, necessary or desirable to the area
of the above-described property, covenantors will make
no objection to any special assessment or special tax or
proceeding therefor on the basis that the property is ade-
quately served by existing improvements and/or on the
basis that the premises will not be served or benefitted
by the improvement or improvements proposed. Covenantor
further agrees to join, upon the demand therefor by the
City, any special improvement district, urban renewal
district, or downtown development district formed for
construction of such improvements (including with
limitation, signage, drainage, underground utilities
paved streets and alleys, planting, curbs, gutters,
sidewalks, street lights, traffic circulation, public
facilities, parking, etc.), in the area of the above-
described property or to reimburse the City of Aspen
,...,
MEMO: Winfield Arms
September 26, 1983
Page Three
directly upon demand therefor if the City should choose to
construct these improvements without the formation of such
a district.
7. The applicant shall draft and record a statement of
exception and deed restriction documents memorializing
the various conditions of approval, with the term of
those documents to be approved by the City Attorney. If
the City conditions or requirements appear in the Condo-
minium Declarations, Articles or By-Laws of the homeowners
association, the City Attorney shall also review and approve
those documents. If not, there shall be space on the plat
for cross-reference to the recording information of the
Statement of Exception and Deed Restriction Documents.
8. The applicant shall draft a parking plan maximizing the
available parking (up to one space per bedroom). If there
is less than one space per bedroom or per unit they shall
be allocated as equitably as possible. The plan shall be
approved by the City Engineering Department.
9. The commitments stated in the affidavit of June 17, 1983,
and in the supplemental affidavit of August 12, 1983, are
conditions of this approval.
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MEMORANDUM
TO:
Aspen Planning and Zoning Commission
FROM:
Richard Grice, Planning Office
RE:
winfield Arms Apartments - Condominiumization -
Subdivision Exception
DATE:
September 6, 1983
The attached letter of application requests condominiumization of
the Winfield Arms Apartments. Winfield Arms Apartments is located
mid-block on the south side of Cooper Street between South Aspen
and South Garmisch Streets.
Section 20-19(c) of the City Code permits the City Council to
grant an exception to subdivision procedures and to grant final
subdivision approval when it finds full subdivision procedures
would serve no useful purpose. We believe this condominiumization
of an existing apartment building to be an appropriate situation
for an exception to subdivision procedures. Since the building
already exists, its impacts are already established and a change
in the form of ownership by condominiumization is not anticipated
to create additional impacts.
The City Engineering Department did note a few minor details which
should be corrected as a condition of this approval. They recom-
mended the standard improvement district requirement, the dedica-
tion of an easement for the electrical transformer on the property
and requested that the number and sizes of existing parking spaces
available be indicated on the plat. Other specific survey plat
details as listed in Chuck Roth's memo of July 18, 1983, should be
corrected on the plat prior to recording.
The City Code establishes additional criteria for condominiumization
(Section 20-22) including:
1. Notice to tenants, and
2. Six (6) month minimum leases with no more than two (2)
shorter tenancies per year, and
3. Demonstration that approval will not reduce the supply
of low and moderate income housing, and
4. Undergo an inspection for life, health and safety con-
cerns.
The Planning Office believes that each of the above criteria have
been or can be appropriately handled through conditions of appro-
val.
The applicant committed in the attached letter to the established
terms of notice to tenants and to the six (6) month minimum lease
provision.
In order to demonstrate that the supply of low and moderate income
housing will not be reduced, the applicant provided us with an
affidavit which shows that the apartment rents within the previous
eighteen (18) months were well above the maximum middle income
housing rate of $82/sq. ft.
Finally, the Building Department conducted their usual inspection
of the building and found there to be no life, health and safety
concerns.
1"""
... ,
MEMO: Winfield Arms
September 6, 1983
Page Two
The Planning Office recommends that you recommend approval by the
following motion:
"Move to recommend subdivision exception to the Winfield Arms
condominiumization subject to the following conditions:
1. Existing tenants shall be given written notice when
their unit is offered for sale, which notice shall
specify the sale price. Each tenant shall have a
ninety (90) day non-assignable option to purchase
their unit at this preliminary market value. In
addition, each tenant shall have a ninety (90) day
non-exclusive, non-assignable right of first refusal
to purchase their unit which shall commence when a
bona fide offer is made by a third person, and
accepted by the owner. In the event that such offer
is made while the ninety (90) day option is still in
effect, the tenant may purchase the unit for the
amount of the initial sale price or the amount of
the bona fide offer, whichever is less.
2. All units shall be restricted to six (6) month
minimum leases with no more than two (2) shorter
tenancies per year.
3. A seven (7) foot x ten (10) foot easement shall be
dedicated and indicated on the plat for the electrical
transformer.
4. The plat shall detail the number and size of parking
spaces available on the property.
5. Survey plat details as listed in Chuck Roth's memo
of July 18, 1983, shall be corrected on the plat
prior to recordation.
6. In the event that any municipal improvement or
improvements of a kind contemplated in Section 20-16
of the Municipal Code of the City of Aspen, as amended,
became, in the sole judgment or discretion of the
City Council of the City of Aspen, necessary or de-
sirable to the area of the above-described property,
covenantors will make no objection to any special
assessment or special tax or proceeding therefor on
the basis that the property is adequately served
by existing improvements and/or on the basis that the
premises will not be served or benefitted by the
improvement or improvements proposed. Covenantor
further agrees to join, upon the demand therefor by
the City, any special improvement district, urban
renewal district, or downtown development district
formed for construction of such improvements (in-
cluding with limitation, signage, drainage, underground
utilities, paved streets and alleys, planting, curbs,
gutters, sidewalks, street lights, traffic circulation,
public transportation facilities, parking, etc.), in
the area of the above-described property or to reimburse
the City of Aspen directly upon demand therefor if the
City should choose to construct these improvements
without the formation of such a district.
"'''-
MEMO: Winfield A~s
September 6, 1983
Page Three
7. The applicant shall draft and record a statement of
exception and deed restriction documents memorializing
the various conditions of approval, with the term of
those documents to be approved by the City Attorney.
If the City conditions or requirements appear in the
Condominium Declarations, Articles or By-Laws of
the homeowners association, the City Attorney shall
also review and approve those documents. If not,
there shall be space on the plat for cross-reference
to the recording information of the Statement of
Exception and Deed Restriction documents."
ASPEN.PITKIN FlEGIONAL BUILDII\IG DEPARTMENT
M E M 0 RAN DUM
TO: Richard Grice, Planner
FROM: Jim Wilson, Chief Building Official ~
DATE: August 3, 1983
RE: Winfield Arms Condominiumization
I have inspected the Winfield Arms Apartments and find that it meets
the Fire, Health, and Safety Requirements for condominiumization as
required by Section 20-22 (e) of the Aspen City Code,
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offices:
110 East Hallam Street
Aspen, Colorado 81611 303/925-5973
mail address:
506 East Main Street
Aspen, Colorado 81611
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MEMORANDUM
TO:
Land Use File
Gary Esary
Jay Hammond, Assistant City Engineer ~
FROM:
DATE:
May 23, 1983
RE:
Standard Improvement District Covenant
-------------------------------------------------------------
In the course of various land use processes the Engineering
Department frequently requests that owners be required to join
a future improvement district. In the past, we have generally
tried to specify those types of improvements that may be needed
in the area when requiring the covenant. In view of the ever
growing number of ~mprovements that could potentially be handled
by such districts, and in the interest of future consistency,
the City Engineering Department, in cooperation with the City
Attorney's office, hereby promulgates the following standard
language for all future land use approvals requiring such covenant:
"In the event that any municipal improvement or improvements
of a kind contemplated. in Section 20-16 of the Municipal
Code of the City of Aspen, as amended, became, in the sole
judgement or discretion of the City Council of the City of
Aspen, necessary or desirable to the area of the above
described property, covenantors will make no objection to
any special assessment or special tax or proceeding therefor
on the basis that the property is adequately served by existing
improvements and/or on the basis that the premises will not
be served or benefited by the improvement or improvements
proposed. Covenantor further agrees to join, upon the
demand therefor by the City, any special improvement district,
urban renewal district, or downtown development district formed
for construction of such improvements (including, without
limitation, signage, drainage. underground utilities, paved
streets and alleys, planting, curbs, gutters, sidewalks,
street lights, traffic circulation, public transportation
facilities, parking, etc.,) in the area of the above-described
property or to reimburse the City of Aspen directly upon
demand therefor if the City should choose to construct these
improvements without the formation of such a district".
JH/co
cc: Dan
Lou
Chuck
MEMORANDUM
TO: City Attorney
City Engineer
Building Department
PLANNER: Richard Grice
RE: Winfield Arms Condominiumization
DATE: July 1, 1983
Attached is an application for the conversion of the Winfield Arms
Apartments to use as condominiums.
Please review the materials and return your cornrnents to the Planning
Office by July 18 so that we may prepare for its presentation at
Ci ty Council.
Thank you.
.
,.-....
/' ""\
.,
MEMORANDUM
TO: Richard Grice, Planning Office
.
(!..rG
FROM:
Chuck Roth, Engineering Department
DATE:
July 18, 1983
RE:
Winfield Arms Condominiumization
Having reviewed the above application and having made a
site inspection, the Engineering Department has the
following comments:
1. The language of the City
Following ". . . this
Please add "Signed this
certificate is
day of
day of
unclear.
, 1983."
, 1983."
2. It may be desirable to show a statement of Surveyor's
Statute of Limitations Waiver. See CRS 73,13-80-127.3(3) (a).
3. The nature of ownership (L.C.E./G.C.E.) of the property
surrounding the structure needs to be indicated.
~
4. A 7'xlO' easement is needed for the electric transformer,
and the transformer must be indicated as such.
5. Show locations of all utility meters.
6. The adjacent property to the west must be identified as
Aspen wild Subdivision.
7. The subdivision boundary must be monumented (CRS 73, 38-
51-101(1)), and the plat must reflect monuments found and set.
The bearings of the boundary lines should be consistent with a
progression from one monument to the next.
*
8. Parking spaces must be detailed to show the number of
spaces available and the size of the spaces (8~x18':AMC 24-4
.2(a)). One parking space per bedroom is needed.
9. The legal description in the title and in the Owner's
Certifica~is incomplete. It must reflect the subdivision
or townsite addition to which the parcel belongs.
10. Plat needs vicinity map, bar or graph scale, indication
of zone district, designated trash area, eleva~~pns of floors
and ceilings to a substantial, permanent bench~rea of parcel
"
to nearest 0.001 acre.
CR/cO
OWNERSHIP AND ENCUMBIV-1CE REPORT
2091 AS
r
$50.00
.",
Made For: Garfield and .;ht
STEWART TITLE OF ASPEN, INC.
HEREBY CERTIFIES from a search of the books in this office that the owner of
Lots D, E, F, and the West 25 feet of Lot G
Block 70
CITY AND TOWNSITE OF ASPEN
Situated in the County of Pitkin, State of Colorado, appears to be vested in the name of
W/J Ranch, Inc.
and that the above described property appears to be subject to the following:
None
EXCEPT all easements, right-of-ways, restrictions and reservations of record.
EXCEPT any and all unpaid taxes and assessments,
This report does not reflect any of the following matters:
1) Bankruptcies which, from date of adjudication of the most recent bankruptcies, antedate the report
by more than fourteen (14) years.
2) Suits and judgments which, from date of entry, antedate the report by more than seven (7) years or
until the governing statute of limitations has expired, whichever is the longer period.
3) Unpaid tax liens which, from date of payment, antedate the report by more than seven (7) years.
Although we believe the facts stated are true, this Certificate is not to be construed as an abstract of title,
nor an opinion of title, nor a guaranty of title, and it is understood and agreed that Stewart Title of Aspen,
Inc., neither assumes, nor will be charged with any financial obligation or liahility whatever on any state-
ment contained herein,
Dated at Aspen, Colorado, this
9th day of
May
A.D. 1983 at 8:00 A.M.
::EW#?~
Authorized Signature
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CITY,{2;OF'~ASPEN
4l:i:.z'~; , -"~_:"', ",' /;'"
13 0 )~.outb galenas tre e t
asp ~'til:eol 0 radO",81611
303-925-2020
MEMORANDUM
DATE: August 4, 1983
TO: Richard Grice
FROM: Gary ESary~
RE: Winfield Arms Condo
1. The applicant should be required to draft and record State-
ment of Exception and Deed Restriction documents memorializing the
various conditions of approval, with the form of those documents
to be approved by the City Attorney.
2. with respect to the required demonstration that the condomin-
iumization will not reduce the supply of employee housing, I
believe there are some potential ambiguities in the submitted
affidavit that the P&Z might want to address, as follows:
a. In paragraph 2a., the term "present intention", while
strictly accurate, might not satisfy the p&Z. To make its recom-
mendation to Council, the P&Z will probably want to know more
about the applicant's future intentions, at least as to some
definite, forseeab1e future term. Any plans that the applicant
has to sell these units might be disclosed.
b. With respect to paragraph 2c., the applicant might give
a time frame and some indication of the formula he uses to deter-
mine increases "in the ordinary course of business".
c. With respect to Exhibit "An, P&Z probably will want to
know (1) the date and amount of the last increase; (2) the rental
history of the units for at least the past 18 mnoths; and (3)
whether the units have separately-metered utilities (or services)
or utilities (or services) provided in common.
3. If the City conditions or requirements appear in the Condo-
minium Declarations or Articles or Bylaws of the homeowners asso-
ciation, I'd like to review these documents. If not, there should
be space on the plat for cross-reference to the recording informa-
tion of the Statement of Exception and Deed Restriction docu-
ments.
GSE/mc