HomeMy WebLinkAboutcoa.lu.ec.Woods Subdivision Exemption A59-9241
Woods Subdivision Exemption
2737-182-12-008 (LL) A59-92
ASPENTITKIN PLANNING OFFICE
130 South Galena Street
Aspen, Colorado 81611
(303) 920-5090
LAND USE APPLICATION FEES
City
00113-63250-134 GMP/CONCEPTUAL
00125
00123
00115
County
00113
00125
00123
00113
-63270-136
-63280-137
-63300-139
-63310-140
-63320-141
REFERRAL FEES:
-63340-205
-63340-190
-63340-163
-63160-126
-63170-127
-63180-128
-63190-129
-63200-130
-63210-131
-63220-132
-63230-133
-63450-146
REFERRAL FEES:
-63340-205
-63340-190
-63360-143
PLANNING OFFICE SALES
00113-63080-122
-63090-123
-63140-124
-69000-145
GMP/FINAL
SUB/CONCEPTUAL
SUB/FINAL
ALL 2-STEP APPLICATIONS
ALL 1-STEP APPLICATIONS/
CONSENT AGENDA ITEMS
ENVIRONMENTAL HEALTH
HOUSING
ENGINEERING
90. 00
SUBTOTAL
t O D 2- . O U
GMP/GENERAL
GMP/DETAILED
GMP/FINAL
SUB/GENERAL
SUB/DETAILED
SUB/FINAL
ALL 2-STEP APPLICATIONS
ALL 1-STEP APPLICATIONS/
CONSENT AGENDA ITEMS
BOARD OF ADJUSTMENT
ENVIRONMENTAL HEALTH
HOUSING
ENGINEERING
CITY/COUNTY CODE
COMP. PLAN
COPY FEES
OTHER
SUBTOTAL
TOTAL / D O L . D
Name: Fp,—" LL WDOD5
Address: Z n 5— S • L �—
Check # Z D
Phone:
Project: L/ S k /V N `/ V A-61 Al
Date: 7 —] 9 L
Additional billing: #of Hours:
CASELOAD SUMMARY SHEET
City of Aspen
DATE RECEIVED: 7 7 92 PARCEL ID AND CASE NO.
DATE COMPLETE: 2737-182-12-008 A59-92
STAFF MEMBER: L 1.
PROJECT NAME: Frank Woods Subdivision Exemption
• Orll�/7itUrJ/La./ion
Project Address: 620 East Hyman Ave., Aspen, CO 81611
Legal Address: Lots P&Q Block 99
APPLICANT: Frank J. Woods
Applicant Address: PO Box 1361 Aspen CO 81611
REPRESENTATIVE: Sunny Vann, Vann Associates
Representative Address/Phone: 230 E. Hopkins
Aspen, CO 81611 925-6958
FEES: PLANNING $ 912 # APPS RECEIVED 2
ENGINEER $ 90 # PLATS RECEIVED 2
HOUSING $
ENV. HEALTH $
TOTAL $1,002
PAID:(YES) NO AMOUNT: $ 1,002 NO. OF COPIES RECEIVED—2 /2
TYPE OF APPLICATION: 1 STEP: X 2 STEP:
P&Z Meeting Date
PUBLIC HEARING: YES
VESTED RIGHTS: YES
CC Meeting Date PUBLIC HEARING: YES
VESTED RIGHTS: YES
NO
NO
NO
Planning Director Approval: Paid:
Insubstantial Amendment or Exemption: Date:
REFERRA S:
ity
Cit
Attorney
Mtn Bell
School
District
y Engineer
Parks Dept.
Rocky
Mtn NatGas
Housing Dir.
Holy Cross
State
HwyDept(GW)
Aspen Water
Fire Marshall
State
HwyDept(GJ)
City Electric
Bldg Inspector
Envir.Hlth.
Roaring Fork
Other
Aspen Con.S.D. Energy Center
Clean
Air Board /;�
h,.
DATE REFERRED: �/
INITIALS:
`
FINAL ROUTING:
DATE ROUTED: 6
I
t'i INITIAL:,/,
I
City Atty - City Engineer Zoning Env. Health
Housing Other:
FILE STATUS AND LOCATION:
1#*i782 0?/i�9/93 13:4
FeC 3S.ia. Davis )0 Bf::: 703 F'G 147, Fitf:in
Cnty Clerk:, DOC $.p(_)
ORDINANCE NO. 69
(SERIES OF 1992)
AN ORDINANCE OF THE ASPEN CITY COUNCIL GRANTING SUBDIVISION
EXEMPTION FOR THE CONDOMINIUMIZATION AND VESTED RIGHTS FOR 620 EAST
HYMAN AVENUE, LOTS P & Q, BLOCK 99, CITY OF ASPEN.
WHEREAS, pursuant to Section 24-7-1007 of the Aspen Municipal
Code, a Condominiumization is a Subdivision Exemption by the City
Council; and
WHEREAS, pursuant to Section 24-6-207 of the Aspen Municipal
Code, vested rights status is granted by the City Council through
the Ordinance adoption processes; and
WHEREAS, the applicant, Frank Woods, has submitted an
application for the Condominiumization of an existing commercial
building with one residential dwelling unit located at 620 East
Hyman; and
WHEREAS, the Engineering Department having reviewed the
application has made referral comments; and
WHEREAS, the Planning Office having reviewed the application
pursuant to Section 24-7-1007 and the referral comments from
Engineering recommends approval of the condominiumization with
conditions; and
WHEREAS, on July 1, 1992, the State Legislature enacted the
Colorado Common Interest Ownership Act ("CCIOA") which arguably
conflicts with certain provisions of the Aspen Municipal Code
governing the subdivision/condominiumization approval process as
adopted by City, and under which the instant condominiumization is
being processed for approval; and
1
1
# %573 & 2/ci9/93 13: 4'22 R e c :3(--), (:)(:) A& 703 PG 14e
silvia avis, Pitkin Cnty Clerk:, D $.00
WHEREAS, the City Council has taken under advisement possible
amendments to the Aspen Municipal Code so as to eliminate any
conflicts or potential conflicts between the CCIOA and local
condominiumization ordinances; and
WHEREAS, in the event amendments to the municipal
condominiumization ordinances are subsequently enacted after
adoption of this ordinance approving the condominiumization as
sought herein, and said amendments reduce or eliminate conditions
of condominiumization approval as currently required under existing
ordinances and as imposed upon the applicant herein, it is City
Council's desire that the applicant herein receive the benefit of
those amendments; and
WHEREAS, the City Council may not and has not committed itself
or the City to the actual adoption of any amendment to the
Municipal Code as described in the foregoing recital; and
WHEREAS, the applicant has been fully apprised as to his
rights and obligations under current ordinances governing
condominiumization approval,; and
WHEREAS, the applicant has determined to proceed with his
approval application at this time at his own risk knowing that
amendments to existing condominiumization ordinances may or may not
subsequently be adopted, and that such amendments if adopted may
not provide him any relief from the conditions of approval as
imposed in this ordinance; and
WHEREAS, the Aspen City Council having considered the Planning
Office's recommendations for Condominiumization and the
#753'0 i>2/09/93 15: -42� Rec 703 PG 149
Silvia Davis, Pitkin Ciity Clerk, Doc
representations of the applicant does wish to grant the requested
Subdivision Exemption for 620 East Hyman.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF ASPEN, COLORADO:
Section 1:
That Subdivision Exemption for 620 East Hyman Avenue is hereby
granted subject to the following conditions:
1. The applicant shall file a plat to be reviewed and approved by
the Engineering Department and the plat shall include but not
limited to:
a) The following signature certificates:
Owner's - besides the standard language it must include a
statement to the effect that the owner acknowledges the
encroachments, at the south property line, into the public
right-of-way, and that if the structure is removed for any
reason, any new structure will be built inside the property
line.
° Title
Surveyor's - besides the standard language it must include
a statement to the effect of .... accuracy to .001 of an acre
and that the survey was done in according to CRS 1973 Title
38, Article 51.
° Plannina Director's
City Engineer's - besides the standard language it must
hereby acknowledge the encroachments shown hereon with the
conditions set forth in the owner's certificate.
• Council Approval
• Clerk and Recorder
• Mortgagee -. recommended but not required
b) A statement that the applicant agrees to join any improvement
district formed for the purposes of constructing improvements in
the public right-of-way.
c) A legal description of the property.
d) A statement to the effect that ... title policy number _ was
used in preparation of this survey plat.
r{t::• 703 F G 150
3 13 : 4C Fec . i 0
011 c
}k353<<'.. c��/ Pitki Cnty C1erF-
Silvia Davis,
e) A correct depiction of South Hunter Street.
2. The applicant shall file a subdivision exemption agreement with
the final plat.
3. Existing tenants shall be notified of impending sale of
residential unit.
4. Prior to filing the final plat, the applicant shall deed
restrict the residential unit to a six month minimum lease, with
no more than 2 shorter tenancies per year.
5. Prior to filing the final plat, the applicant shall pay an
affordable housing impact fee of $8,050 (payable to the Pitkin
County Planning Department for receipt to the Housing Authority)
for the 4 bedroom unit or deed restrict the unit to resident
occupancy guidelines to be filed with the Housing Authority.
6. The Building Department shall inspect the building prior to
filing the final plat.
Section 2•
That is does hereby grant Vested Rights for this subdivision
exemption for a period of three (3) years from the effective date
hereof in accordance with and subject to the terms and provision
of Section 24-6-207 of the Municipal Code, and the City Clerk shall
cause notice of same to published not later than 14 days after
final approval hereof pursuant to Section 24-6-607(B).
Section 3
In the event amendments to the current Municipal Code are
hereinafter enacted under which the conditions of approval of (1)
a deed restriction and (2) payment of an affordable housing fee as
specified in Section 1 above are no longer required, as currently
mandated under the Municipal Code, then it is the intent of the
City Council that the applicant herein be afforded the benefit(s)
of such amendment(s) and that the affordable fee imposed by this
1 approval ordinance be refunded (without interest) and that the
4
#35.7 8#2/c_i9/93 13:42 Rec $30.00 0 703 PG 151
Silvia vis, PitF::in Cnty Clerk:, Doc $.00
requirement for a deed restriction be vacated.
Section 4•
If any section, subsection, sentence, clause, phrase or portion of
this ordinance is for any reason held invalid or unconstitutional
by any court of competent jurisdiction, such provision and such
holding shall not affect the validity of the remaining portions
thereof.
Section 5•
This Ordinance shall not effect any existing litigation and shall
not operate as an abatement of any action or proceeding now pending
under or by virtue of the ordinances repealed or amended as herein
provided, and the same shall be conducted and concluded under such
prior ordinances.
Section 6•
A public hearing on the Ordinance shall be held on the -9 3
day o , 1992 at 5:00 P.M. in the City Council Chambers, Aspen
City Hall, Aspen Colorado, fifteen (15) days prior to which hearing
a public notice of the same shall be published in a newspaper of
general circulation within the City of Aspen.
INTRODUCED, READ AND ORDERED PUBLISHED as provided by law, by
the City Council of the City of Aspen on the ��y-'� day of
1992.
r, A
John/Bennett, Mayor
xsry
n.V Koch, City Clerk
5
43153782 02/09/93 Rec $30. 0ci Bf::.
Silvia Davis, Pit[. -:in Cnt In
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FIN hL�adopted,
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passed and approved this / day of
i r
Johi Bennett, Mayor
h, City Clerk
R
v'n
MEMORANDUM
TO: Mayor and Council
THRU: Amy Margerum, City Manager
THRU: Diane Moore, City Planning Directo
FROM: Leslie Lamont, Planning
DATE: December 14, 1992
RE: 620 East Hyman Avenue Subdivision Exemption for
Condominiumization and Vested Rights, Second Reading
Ordinance 69, Series of 1992
-----------------------------------------------------------------
-----------------------------------------------------------------
SUMMARY: The Planning staff recommends two alternatives to
Council:
1) continuance of second reading of Ordinance 69 to April 12, 1993
pending staff's anticipated text amendments regarding Section 24-
7-1007 of the Municipal Code affecting condominiumization.
2) proceed with second reading for the adoption of Ordinance 69.
which includes language reflecting that certain risks are
undertaken by the applicant in regards to anticipated text
amendments, and that if adopted, these amendments may result in the
lifting of requirements currently in place.
The applicant wishes to proceed with adoption of Ordinance 69 as
attached.
BACKGROUND: The Colorado State Legislature adopted condominium
legislation July 1, 1992, that may affect Aspen's
condominiumization regulations. The City Attorney and Planning
staff have provided Council with an analysis the impact of the
state law on Aspen's regulations. Until Council approves text
amendments amending the Municipal Code, it is the opinion of the
City Attorney that the condominiumization regulations in Aspen's
municipal code are fully enforceable. Therefore, this
condominiumization of the commercial and residential building at
620 East Hyman has been reviewed pursuant to existing Section 24-
7-1007.
The applicant has been advised of the City Attorney's opinion and
the applicant's representative was present at the December 7, 1992
Council meeting when discussed proposed text amendments with
Council. However, the applicant has elected to proceed with this
condominiumization.
CURRENT ISSUES:
E
•
A. Referral Comments: Having reviewed the above application, and
having made a site inspection, the engineering department has the
following comments:
The submitted draft condominium map is incomplete. The final map
must include:
1. The following signature certificates:
° Owner's - besides the standard language it must include a
statement to the effect of ..... In addition does hereby
acknowledge the encroachments, at the south property line,
into the public right-of-way, and that if the structure is
removed for any reason, any new structure will be built inside
the property line.
Title
Surveyor's - besides the standard language it must include
a statement to the effect of .... accuracy to .001 of an acre
and that the survey was done in according to CRS 1973 Title
38, Article 51.
° Plannina Director's
° City Engineer's - besides the standard language it must
hereby acknowledge the encroachments shown hereon with the
conditions set forth in the owner's certificate.
° Council Approval
° Clerk and Recorder
• Mortgagee - recommended but not required
2. A statement that the applicant agrees to join any improvement
district formed for the purposes of constructing improvements in
the public right-of-way.
3. A legal description of the property.
4. A statement to the effect that ... title policy number was
used in preparation of this survey plat.
5. South Hunter Street is shown incorrectly and should be changed.
B. Review Standards: Pursuant to Section 24-7-1007
condominiumization is exempt from subdivision and shall be reviewed
by the Council. Condominiumization of commercial space only
requires review of the submitted plat.
However, condominiumization of the residential unit shall adhere
E
0
to the following criteria of Section 24-1-1007.A.1:
a. Existing tenants must be notified that the units are for sale.
Existing tenants shall be notified of impending sale of residential
unit.
b. Minimum lease period restricted to six month minimum leases,
with no more than two shorter tenancies per year. The applicant
shall deed restrict the residential unit to a six month minimum
lease, with no more than 2 shorter tenancies per year.
c. Affordable Housing Impact Fee. The applicant shall pay an
affordable housing impact fee of $8,050 for the 4 bedroom unit or
deed restrict the unit to resident occupancy guidelines.
d. Inspection of the proposed condominium by the Building
Department. The Building Department shall inspect the building
prior to filing the final plat.
C. Vested Rights: The applicant wishes to the vest the
condominiumization of this project pursuant to Section 24-6-207.
through the Ordinance adoption process.
RECOMMENDATION: Staff recommends continuing the approval to April
12, 1993 pending proposed text amendments to Section 24-7-1007 of
the Municipal Code.
If Council elects to approve the subdivision exemption for the
condominiumization of 620 East Hyman Avenue staff recommends the
following conditions:
1. The applicant shall file a plat to be reviewed and approved by
the Engineering Department and the plat shall include but not
limited to:
a) The following signature certificates:
Owner's - besides the standard language it must include a
statement to the effect of ..... In addition does hereby
acknowledge the encroachments, at the south property line,
into the public right-of-way, and that if the structure is
removed for any reason, any new structure will be built inside
the property line.
0 Titic
Surveyor's - besides the standard language it must include
a statement to the effect of .... accuracy to .001 of an acre
and that the survey was done in according to CRS 1973 Title
38, Article 51.
Planning Director's
3
° City Engineer's - besides the standard language it must
hereby acknowledge the encroachments shown hereon with the
conditions set forth in the owner's certificate.
° Council Approval
• Clerk and Recorder
• Mortgagee - recommended but not required
b) A statement that the applicant agrees to join any improvement
district formed for the purposes of constructing improvements in
the public right-of-way.
c) A legal description of the property.
d) A statement to the effect that ... title policy number was
used in preparation of this survey plat.
e) South Hunter Street is shown incorrectly and should be changed.
2. The applicant shall file a subdivision exemption agreement with
the final plat.
3. Existing tenants shall be notified of impending sale of
residential unit.
4. Prior to filing the final plat, the applicant shall deed
restrict the residential unit to a six month minimum lease, with
no more than 2 shorter tenancies per year.
5. Prior to filing the final plat, the applicant shall pay an
affordable housing impact fee of $8,050 (payable to the Pitkin
County Planning Department for receipt to the Housing Authority)
for the 4 bedroom unit or deed restrict the unit to resident
occupancy guidelines to be filed with the Housing Authority.
6. The Building Department shall inspect the building prior to
filing the final plat.
7. The applicant shall adhere to all representations made in the
application.
8. If the condominiumization ordinances should change after an
approval, the applicant will be allowed the benefits of any change
by way of the retroactive application of the new ordinance.
PROPOSED MOTION: "I move to continue second reading of Ordinance
69, Series of 1992 to April 12, 1993."
or
4
"I move to adopt Ordinance 69, Series of 1992, on second reading."
nIn
CITY MANAGER COMMENTS:
Attachments:
Ordinance No. 69
k,
300ONEELIl-I 'All
MEMORANDUM
TO: Mayor and Council
THRU: Amy Margerum, City Manager
THRU: Diane Moore, City Planning Directo
FROM: Leslie Lamont, Planning
DATE: October 13, 1992
RE: 620 East Hyman Avenue Subdivision Exemption for
Condominiumization and Vested Rights, First Reading
Ordinance Q, Series of 1992
SUMMARY: The Planning staff recommends approval of Ordinance
on first reading approving the subdivision exemption for
condominiumization of the 620 East Hyman building creating 3
commercial units and one residential unit.
BACKGROUND: The Colorado State Legislature adopted condominium
legislation July 1, 1992, that may affect Aspen's
condominiumization regulations. The City Attorney and Planning
staff are in the process of analyzing the impact of the state law
on Aspen's regulations. Until Council has the opportunity to
review staff's research, it is the opinion of the City Attorney
that the condominiumization regulations in Aspen's municipal code
are fully enforceable. Therefore, this condominiumization of the
commercial and residential building at 620 East Hyman has been
reviewed pursuant to existing Section 24-7-1007.
The applicant has been advised of the City Attorney's opinion but
has elected to proceed with this condominiumization.
CURRENT ISSUES:
A. Referral Comments: Having reviewed the above application, and
having made a site inspection, the engineering department has the
following comments:
The submitted draft condominium map is incomplete. The final map
must include:
1. The following signature certificates:
o Owner's - besides the standard language it must include a
statement to the effect of ..... In addition does hereby
acknowledge the encroachments, at the south property line,
into the public right-of-way, and that if the structure is
removed for any reason, any new structure will be built inside
the property line.
o Title
o Surveyor's - besides the standard language it must include
a statement to the effect of.... accuracy to .001 of an acre
and that the survey was done in according to CRS 1973 Title
381 Article 51.
• Planning Director's
• City Engineer's - besides the standard language it must
hereby acknowledge the encroachments shown hereon with the
conditions set forth in the owner's certificate.
• Council Approval
• Clerk and Recorder
• Mortgagee - recommended but not required
2. A statement that the applicant agrees to join any improvement
district formed for the purposes of constructing improvements in
the public right-of-way.
3. A legal description of the property.
4. A statement to the effect that ... title policy number was
used in preparation of this survey plat.
5. South Hunter Street is shown incorrectly and should be changed.
B. Review Standards: Pursuant to Section 24-7-1007
condominiumization is exempt from subdivision and shall be reviewed
by the Council. Condominiumization of commerical space only
requires review of the submitted plat.
However, condominiumization of the residential unit shall adhere
to the following criteria of Section 24-1-1007.A.1:
a. Existing tenants must be notified that the units are for sale.
Existing tenants shall be notified of impending sale of residential
unit.
b. Minimum lease period restricted to six month minimum leases,
with no more than two shorter tenancies per year. The applicant
shall deed restrict the residential unit to a six month minimum
lease, with no more than 2 shorter tenancies per year.
c. Affordable Housing Impact Fee. The applicant shall pay an
affordable housing impact fee of $8,050 for the 4 bedroom unit or
deed restrict the unit to resident occupancy guidelines.
2
d. Inspection of the proposed condominium by the Building
Department. The Building Department shall inspect the building
prior to filing the final plat.
C. Vested Rights: The applicant wishes to the vest the
condominiumization of this project pursuant to Section 24-6-207.
through the Ordinance adoption process.
RECOMMENDATION: Staff recommends approval of the
condominiumization of 620 East Hyman Avenue with the following
conditions:
1. The applicant shall file a plat to be reviewed and approved by
the Engineering Department and the plat shall include but not
limited to:
a) The following signature certificates:
o Owner's - besides the standard language it must include a
statement to the effect of ..... In addition does hereby
acknowledge the encroachments, at the south property line,
into the public right-of-way, and that if the structure is
removed for any reason, any new structure will be built inside
the property line.
o Title
Surveyor's - besides the standard language it must include
a statement to the effect of.... accuracy to .001 of an acre
and that the survey was done in according to CRS 1973 Title
38, Article 51.
• Planning Director's
• City Engineer's - besides the standard language it must
hereby acknowledge the encroachments shown hereon with the
conditions set forth in the owner's certificate.
• Council Approval
• Clerk and Recorder
• Mortgagee - recommended but not required
b) A statement that the applicant agrees to join any improvement
district formed for the purposes of constructing improvements in
the public right-of-way.
c) A legal description of the property.
d) A statement to the effect that... title policy number was
used in preparation of this survey plat.
3
e) South Hunter Street is shown incorrectly and should be changed.
2. The applicant shall file a subdivision exemption agreement with
the final plat.
3. Existing tenants shall be notified of impending sale of
residential unit.
4. Prior to filing the final plat, the applicant shall deed
restrict the residential unit to a six month minimum lease, with
no more than 2 shorter tenancies per year.
5. Prior to filing the final plat, the applicant shall pay an
affordable housing impact fee of $8,050 (payable to the Pitkin
County Planning Department for receipt to the Housing Authority)
for the 4 bedroom unit or deed restrict the unit to resident
occupancy guidelines to be filed with the Housing Authority.
6. The Building Department shall inspect the building prior to
filing the final plat.
7. The applicant shall adhere to all representations made in the
application.
PROPOSED MOTION: "I move to read Ordinance , Series of 1992."
"I move to approve Ordinance _, Series of 1992, on first reading."
CITY MANAGER COMMENTS:
Attachments:
Ordinance No.
4
•
ASPENTITKIN PLANNING OFFICE
130 South Galena Street
Aspen, Colorado 81611
Phone 920-5090 FAX 920-5197
MEMORANDUM
TO: City Engineer
FROM: Leslie Lamont, Planning Office
RE: Woods Condominiumization
DATE: July 9, 1992
Attached for your review and comments is an application submitted by Frank
Woods requesting condominiumization of 620 E Hyman Avenue, Lots P&Q,
Block 99.
Please return your comments to me no later than July 27, 1992. Thank you.
ASPEN/PITRIN PLANNING OFFICE
130 S. Galena Street
Aspen, Colorado 81611
(303) 920-5090 FAX# (303) 920-5197
July 9, 1992
Sunny Vann
230 East Hopkins Avenue
Aspen, CO 81611
Re: Woods Condominiumization
Case A59-92
Dear Sunny,
The Planning Office has completed its preliminary review of the
captioned application. We have determined that this application
is complete.
We have scheduled this application for 1st Reading before the Aspen
City Council on Monday, August 10, 1992 at a meeting to begin at
5:00 p.m. Should these dates be inconvenient for you please
contact me within 3 working days of the date of this letter. After
that the agenda dates will be considered final and changes to the
schedule or tabling of the application will only be allowed for
unavoidable technical problems. The Friday before the meeting
dates, we will call to inform you that a copy of the memo
pertaining to the application is available at the Planning Office.
If you have any questions, please call Leslie Lamont the planner
assigned to your case.
Sincerely,
Debbie Skehan,
Office Manager
MEMORANDUM
To: Leslie Lamont, Planning Office
From: Rob Thomson, Project Engineer RSl-
Date: July 30, 1992
Re: 620 E. Hyman Condominiumization
Having reviewed the above application, and having made a site
inspection, the engineering department has the following comments:
The submitted draft condominium map is incomplete. The final map
must include:
1. The following signature certificates:
° Owner's - besides the standard language it must include a
statement to the effect of ..... In addition does hereby
acknowledge the encroachments, at the south property line,
into the public right-of-way, and that if the structure is
removed for any reason, any new structure will be built inside
the property line.
Tittle
° Surveyor's - besides the standard language it must include
a statement to the effect of .... accuracy to .001 of an acre
and that the survey was done in according to CRS 1973 Title
38, Article 51.
° Planning Director's
City Engineer's - besides the standard language it must
include a statement to the effect of .... in addition does
hereby acknowledge the encroachments shown hereon with the
conditions setforth in the owner's certificate.
° Council Approval
• Clerk and Recorder
• Mortgagee - recommended but not required
• Planning and Zoning Commission
2. A statement that the applicant agrees to join any improvement
district formed for the purposes of constructing improvements in
the public right-of-way.
3. A legal description of the property.
4. A statement to the effect that ... title policy number was
used in preparation of this survey plat.
5. South Hunter Street is shown incorrectly and should be changed.
cc: Chuck Roth, City Engineer
rt/CASELOAD92.019
• 9
VANN ASSOCIATES
Planning Consultants
July 6, 1992
HAND DELIVERED
Ms. Leslie Lamont
Aspen/Pitkin Planning Office
130 South Galena Street
Aspen, Colorado 81611
Re: 620 East Hyman Avenue Condominiumization Application
Dear Leslie:
Please consider this letter an application for subdivision exemption approval to
condominiumize an existing commercial building which is located at 620 East Hyman
Avenue in the City of Aspen (see Exhibit 1, Pre -Application Conference Summary,
attached hereto). Vested property rights status is requested for the subdivision
exemption approval which is granted pursuant to this application.
The application is submitted pursuant to Sections 7-1003.A.3. and 7-1007.A. of the
Land Use Regulations by Frank J. Woods III, the owner of the property (see Exhibit
2, Warranty Deed). Permission for Vann Associates to represent the Applicant is
attached as Exhibit 3.
Project Site
As the Warranty Deed indicates, the Applicant's property consists of Lots P and Q,
Block 99, City and Townsite of Aspen. The property contains approximately six
thousand (6,000) square feet of land area and is zoned C-1, Commercial. Existing
man-made improvements to the property consist of a two (2) story, concrete and
block building with a basement and below grade patio. The ground floor of the
building is presently occupied by the Tavelli Williams Gallery, while the basement
houses the Abetone Restaurant. The Applicant's personal residence is located on
the building's second floor.
The four (4) bedroom residence contains approximately three thousand six hundred
and fifty (3,650) square feet of floor area, while the ground floor commercial spaces
contain approximately four thousand five hundred and forty (4,540) square feet of
floor area. The majority, if not all, of the basement is exempt from floor area
calculations, as it is located below grade. As the accompanying improvement survey
illustrates, the exterior stairwell which provides access to the basement and below
230 East Hopkins Avenue - Aspen, Colorado 81611 •303/925-6958 • Fax 303/920-9310
Ms. Leslie Lamont
July 6, 1992
Page 2
grade patio encroaches into the East Hyman Avenue right-of-way at the southeast
corner of the property. The encroachment, however, is minor in nature, and poses
no threat to vehicular or pedestrian circulation. In the event required, the Applicant
will amend this application to include a request for an appropriate "Encroachment
License" from the City Council.
Proposed Development
The Applicant proposes to condominiumize the existing building for estate planning
purposes. As the draft condominium map which accompanies this application
illustrates, the building will be divided into three (3) commercial units and one (1)
residential unit. No sale of the individual condominiumized units, or expansion of
the building, is anticipated at this time. The existing residence will be retained as a
free market dwelling unit.
Review Requirements
The Applicant's proposed development is subject to subdivision exemption review.
While no formal review is required to vest a development approval, vested rights
status must be granted via an ordinance of the City Council. Each of these require-
ments is discussed below.
1. Subdivision Exemption
Pursuant to Section 7-1007.A. of the Regulations, the condom iniumization of
an existing commercial building is subject only to the receipt of subdivision exemp-
tion approval from the City Council, and the recordation of a condominium map and
declaration which meets the requirements of the City's Engineering Department. As
noted previously, a draft condominium map accompanies this application. The
Applicant will submit a final condominium map and the building's condominium
declaration for review and approval by the Engineering Department following the
receipt of subdivision exemption approval.
As you know, the Aspen Land Use Regulations impose certain additional
review requirements in connection with the condominium ization of residential
dwelling units. Pursuant to Section 7-1007.A.1., existing tenants must be given an
option to purchase their units upon notification by the owner that they will be
offered for sale. In addition, condominiumized residential units located in the C-1
zone district are subject to a six (6) month minimum lease restriction, and the
payment of an Affordable Housing Impact Fee or the deed restriction of the unit to
the City's so-called "Resident Occupancy" guidelines. An inspection of the unit by
the Building Department for compliance with basic fire, health and safety standards
is also required.
Ms. Leslie Lamont
July 6, 1992
Page 3
It is my understanding, however, that House Bill 91-1292, which took effect
July 1, 1992, requires that condominium ownership be treated the same as other
forms of real estate ownership with respect to the application of land use regulations.
Section 38-33.3-106, paragraph (2), of the new legislation specifically states as
follows:
"In condominiums and cooperatives, no zoning, subdivision, or other real
estate use law, ordinance, or regulation may prohibit the condominium or
cooperative form of ownership or impose any requirement upon a condo-
minium or cooperative which it would not impose upon a physically iden-
tical development under a different form of ownership."
The additional regulatory requirements imposed by Section 7-1007.A.1. of the
Regulations do not apply to the Applicant's residential unit under its present form of
ownership. As the Regulations impose these requirements on this unit solely because
it is being condominiumized, the new state legislation precludes the City from
applying them as a condition of the Applicant's condominiumization approval. More
specifically, minimum lease restrictions are imposed only in connection with the
condominiumization of residential dwelling units. Similarly, there are no require-
ments for tenant notification or building inspection in connection with the sale of
non-condominiumized residential units. Finally, no impact fee would be required in
order to sell the Applicant's building under its present form of ownership.
Clearly, the Aspen Land Use Regulations presently differentiate between the
impact mitigation measures imposed on condominium versus non -condominium
forms of ownership. As a result, the various regulatory requirements contained in
Section 7-1007.A.1. cannot be applied to the condominiumization of residential units
after July 1, 1992. While the City may elect to revise these requirements in the
future to bring them into compliance with the provisions of House Bill 91-1292, they
cannot be applied to new residential condominiumization applications as currently
enacted.
2. Vested Rights Status
In order to preserve the land use approval which may be obtained as a result
of this application, the Applicant hereby request vested property rights status
pursuant to the provisions of Section 6-207 of the Land Use Regulations. It is
understood by the Applicant that, to establish such status, final approval of the
proposed development must be granted by City Council ordinance. It is also the
Applicant's understanding that no specific submission requirements, or review
criteria other than a public hearing, are required to confer such status.
Ms. Leslie Lamont
July 6, 1992
Page 4
Should you have any questions, or require additional information, please do not
hesitate to call.
Yours truly,
VANN AS60CIATES
Sunny Vann, ARCP
SV:cwv
Attachments
cc: Arthur C. Daily, Esq.
Frank J. Woods
c:\b us\city.app\app 19192.se
CITY OF ASPEN
PRE -APPLICATION CONFERENCE SUMMARY
PROJECT'
APPLICANT'S REPRESENTATIVE h
(f/a/
EXHIBIT 1
REPRESENTATIVE'S PHONE:
1
OWNER'S NAME
SUMMARY
1. Type of Application: v -
2. Describe action/type of development being requested:
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3. Areas is which Applicant has been requested to respond,
types.of reports requested:
. Policy Area/
Referral Agent Comments
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4. Review is: (P&Z Only) �(CC Only) (P&Z then to CC)
5. Public Hearing: (YES) NO
6. Number of copies of the application to be submitted:
7. What fee was applicant requested to submit: i , fi (-
8.
a
Anticipated date of submission::} _
CO NTS/UNIQUE ONCERNS
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whose address is 620 E. Hyman Ave., Aspen
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*County of Pitkin . State of
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- on - dollars. itt hand paid, hereby sell(s)
and convey(s) to Frank J. T%bods III
whose legal address is P. o. Box 1361, Aspen
County of Pitkin and state I,(
the follos ing real property in the County of Pitkin
Colorado, to wit:
Lets P and Q
Block 99
City and Townsite of Aspen
County of Pitk.in, State of Colorado
Colora(50 81612
I
and State of ,
.SPATE DOCUMENTARY
also known by street and number Its 620 E. llylnan Ave- , Aspen, 00 81GI1 i
with all i(s apputtcoanccs, and war(ant(0 the title to the sarac, subject to ooneral real estate taxes for
198'1; and ros.rvations, exceptions, casements, restrictions zwA mcwbrances of i
record.
Signed (his p ih day of Fe.:bruaxy . 1987
Frank J s III
Broad ing JoiatyonturA-aPartuter
1I STATL 01' COLORADO. I
ss.
County of Pitkin uti1G�
1'hc fotegoing instrunxnt was acknowledged before nic in the County o�° ,.( i Cr}C311 �v �•, i
State of Colo(ado, this g'lih day of F'ebruarY li 87 . by b'rank J:1 ¢�,�� +n.¢" •II
I Joint venture artnor of 620 Hym'ln Aassa=iAtes. = �•
sole remaining j lh
iMy commission expires /� 1Vitncss my hand and official seal.
I _
it in Ikmcr, inarl "Coy and
Nu. 897. Raw. 5•84• N.0RAU 41 v ne►.0 (short Form) Dwl. d N01-h.er• 5121 w LW .Va . t ae.ud CV 6V214 -• 1 V11) ZIA 61m
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EXHIBIT 3
July 1, 1992
HAND DELIVERED
Ms. Leslie Lamont
Aspen/Pitkin Planning Office
130 South Galena Street
Aspen, Colorado 81611
Re: Permission to Represent
Dear Ms. Lamont:
Please consider this letter authorization for Sunny Vann of Vann Associates,
Planning Consultants, to represent me in the processing of my application to
condominiumize my commercial building which is located at 620 East Hyman
Avenue in the City of Aspen. Mr. Vann is hereby authorized to act on my behalf
with respect to all matters reasonably pertaining to the aforementioned application.
Should you have any questions, or if I can be of any further assistance, please do not
hesitate to call.
Sincerely,
205 South Mill Street, Suite 301A
Aspen, CO 81611
(303) 925-8032
SV:cwv
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620 EAST HYMAN
CONDOMINIUMS
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SOUTH ELEVATION
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ELEVATIONS ARE RELITIVE TO 7,919.0 ASSUMED
AT THE INTERSECTION OF HYMAN 8 SPRING
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SHEET 2 OF 2
19065