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HomeMy WebLinkAboutcoa.lu.ec.Little Victorians Condominiums1982 MEMORANDUM TO: FROM: Aspen City Council Colette Penne, Planning Office Location: 634 Main Street RE: DATE: Little Victorians Subdivision Exception - Condominiumj~ation /~ November 8, 1982 APPROVED AS TO FORM: ~~ ~ Zoning: Applicant's Request: o - Office Exception from subdivision for the purpose of condominiumization of the eight residential units in the building at 634 Main Street, known as the Little Victorians Apartments. Referral Comments: Building Department See attached memos. City Attorney See attached memo. Planning Office Review: The requirements of Section 20-22 are that existing tenants shall be given notice that the units will be offered for sale and that they have first right of refusal. This offer has been made and every tenant has declined to purchase. The longest tenancy re- maining ends July 1, 1983 and the applicant has committed to honor all the leases even though the lease provision provides that upon sale the landlord could terminate the tenancy with 30 days' written notice. The units have all rented outside the income guidelines for rental employee units. The middle income category (which is the top category) sets rental price at 82~ per square foot. The lowest price any of these units has rented for in the past 18 months was 87~ per square foot, except for Unit 5 which has rented for 83~ per square foot since June, 1979. Units 7 and 8 have been occupied by the owners. The units will be restricted to six-month minimum leases with no more than two shorter tenancies per year. Ordinance 23 (Series of 1982) provides that utilities provided in common must be added into the rental rate. Therefore, these units have been rented above employee housing guideline prices and the requested action does not reduce the supply of low and moderate income housing. This also indicates that restricting these units to employee housing guidelines is not warranted. Planning & Zoning Commission Action: Approval of the subdivision exception for the purpose of condo- miniumization of the Little Victorians Apartments at 634 W. Main Street with the following conditions: 1. Improvements necessary to the building from the results of the Building Department inspections, as summarized in the October 18, 1982 and October 19, 1982 Building Department memos must be made prior to the sale of any unit. o :) Memo: Little Victorians Subdivision Exception - Condominiumization November 8, 1982 Page Two 2. Compliance with Section 20-22(a) and (b). 3. A Statement of Exception from the full subdivision process for the purpose of condominiumization and a Declaration of Restrictive Covenants be executed on forms approved by the City Attorney. 4. The deduction of utility costs from the square footage rates shall be calculated on a pro-rata basis and if any units fall within employee housing guidelines, a recommended income category from the Housing Office shall accompany the request to Council. Council Action: If Council concurs with the action of the Planning and Zoning Commission and the findings of the City Attorney and Planning Office, the appropriate motion is as follows: "I move to approve subdivision exception for the purpose of condominiumization of the Little Victorians Apartments at 634 W. Main Street with the following conditions: 1. Improvements necessary to the building from the results of the Building Department inspections, as summarized in the October 18, 1982 and October 19, 1982 Building Department memos must be made prior to the sale of any unit. 2. Compliance with Section 20-22. 3. A Statement of Exception from the full subdivision process for the purpose of condominiumization and a Declaration of Restrictive Covenants be executed on forms approved by the City Attorney." ASPEN.PITKIN"-REGIONAL BUILDINt; DEPARTMENT MEMORANDUM TO: Bill Drueding, Zoning Enforcement Officer FROM: Stan Stevens, Electrical Inspector DATE: October 19, 1982 RE: Electrical Inspection 634 W. Main St. On October 18, 1982, an inspection of the electrical service and electrical wiring in at least one apartment unit was made. The following is a list of electrical deficiencies that must be corrected: 1) There are two service panels. Only one is allowed. The service will have to be rewired for only one service. 2) Rod ground will have to be added to the ground system. 3) Neutral and ground conductors not identified. 4) Directory not completed on panel. 5) GFI receptacles required in all bathrooms. 6) All bathroom heating units to be operative. 7) Acceptable wiring shall be provided to each disposal in kitchen. 506 East; Main St;reet; Aspen. Colorado 81611 303/925-5973 ASPEN.PITKIN"'J::IEGIONAL BUILDI~ DEPARTMENT MEMORANDUM TO: Colette Penne, Planner Marshal g v0 FROM: Jim Wilson, Fire DATE: October 18, 1982 RE: Little Victorian Apts. Condominiumization I conducted a Life & Safety inspection at the Little Victorian Apartments, 634 W. Main St., on October 14, 1982. Accompanying me on the inspection was Michael Horn, one of the building owners and manager. With the exception of some probable electrical problems, (see electrical inspector's report) the building will require little work. Mr. Horn has done a commendable job maintaining the building and grounds and appears to be safety conscious. My only requirements and recommendations are: 1) Provide a smoke detector for each unit. Locate the detector away from the kitchen, near the main entry door on the ceiling in the efficiency units, to minimize annoying false alarms. In the other units, locate the detector at the top of the stairs or in the proximity of the bedroom. 2) Current boiler inspection certificate from the state for the water heater. 3) A small (5Ib) ABC type fire extinguisher is recommended for each unit. I feel that sixty days is a reasonable amount of time to correct these and the electrical deficiencies, and I would like to reinspect prior to the plat filing. cc: Michael Horn 506 East; Main St;reet; Aspen. Colorado 81611 303/925-5973 <" , , , , eIT PEN MEMORANDUM DATE: October 21, 1982 TO: Colette Penne FROM: Gary Esar~ RE: Little Victorians Employee Housing Calculations At the P&Z meeting of October 19, 1982, you presented representa- tions by counsel for the application in the above-described case that all the units had rented for amounts above the middle-income guideline levels for the previous eighteen months. You concluded therefore that the condominiumization of those units would not reduce the supply of low- and moderate-income housing pursuant to Section 20-22, A.M.C. I agree. At that point, however, the P&Z raised a question we were not pre- pared to deal with, i.e. the effect of utilities charges on the rental rate. Roger Hunt's position was that the utility charges had to be subtracted from the rental price and then that remainder might fall within the low-, moderate- or middle income guidelines. I tend to agree with Roger's point but believe that the law sup- ports your original position. with respect to utilities in employee housing, the only guidance is provided by Ordinance 23- 1982. That ordinance provides, in setting maximum rental rates for employee housing, that if the utilities are provided in common (and not separately metered), then utilities costs must be added into the rental rate. This provision is obviously intended to prohibit landlords from charging rents in excess of the guidelines pursuant to bizarre utility allocation formulas, if the utilities are not separately metered. In this case, though, this provision permits the Little Victorians applicants to add the in-common utilities into the rent charged on a square foot basis. Based on this analysis, the applicant's representations as to square footage and 18-month rentals charged and your calculations, the lowest rent charged was $.83 a square foot, slightly over the $.82 a square foot (including in-common utilities) allowed by Ordinance 23-1982. , , . Memo to Colette Penne October 21, 1982 Page Two The next question is whether that fact alone proves that the sup- ply of low and moderate income housing is not reduced? I think it probably does. Section 20-22 provides that it is prima facie evidence that the supply is being reduced if the units were rented within the guide- lines. The implication is that rental of the units above the guidelines is evidence of no reduction in supply. Further, the ordinance appears to require proof that the supply of only low and moderate housing is not reduced. Since the Little Victorians historically have rented above the middle-income guidelines, there appears to be a good margin of safety. To conclude, in my opinion the rental history, if correct, com- plies with 20-22 requirement of showing that the supply of low and moderate housing is not reduced. Of course, the Council has the sole and absolute discretion to make that decision based, among other things, on the criteria outlined in 20-22 and the rental history presumption. GSE/mc C ERIN FERNANDEZ HAZEN Attorney at Law 215 S. Monarch Suite 203 Aspen, Colorado 81611 13031 925.9577 October 26, 1982 Collette penne Gary Esary City of Aspen 130 South Galena Street Aspen, Colorado 81611 (olette - I t>eh...J€ ~~ 1<:1 be- ,iI 9>~ - .;{ LI Ie!:, . Y' v G* ,......" "....,I 8S:Cltlveo ~.,:\ 'I~!.o? 1m AlrOIlIttt'3 OfFiCE RECEIVED I"~'I (I"~ 1982 CITY ATTORNEY'S OFFIce " Hat. RE: Little Victorian Condominiums Dear Ms. penne and Mr. Esary: Enclosed herewith are the waivers of option to purchase executed by each of the tenants residing at the Little Victorian Apartments. The waiver was signed by each tenant one week prior to August II, 1982, the date of our application. SinCerelY~ \~ ~ -c7JL~~, "". ~1~ Erin FernandeOazen EFH: j w Enc. . . " , . ',.,J To: City of ^spen 130 S. Galena Street ^spen, Colorado 81Gll IvAIVER OF OPTION TO PURCHASE l\ LITTLE VICTORIAN UNIT I, the undersigned as a tenant of the Little Victorians located at 634 Main Street, ^spcn, Colorado have been offered an option to purcha"", my apilrtment unit for $105,000.00. I have declined said offer to purchase and option and do not wish to purchase said unit. ~{ 'l"14J-07l Unit N~. L___ .r To: City of ^spen 130 S. Galena Street Aspen, Colorado 81G11 \~AIVER OF OPTION '1'0 PUECH?,SE II. LITTLE VICTOEIl',;, UNIT I, the undersigned as a tenant of the Little Victorians located at 634 Main Street, ^spen, Colorado have been offered an option to purchase my apartment unit for S10S,OOO.OO. I have declined said offer ';:0 purchase i'lnd option and do not wiSh to purchase said uni';:. :,~ /VC~ -T('narlt~ Unit No. 2--- ,.-..., "-' r'''. 'J To: City of Asp~n 130 S. Galena SLreet Aspen, Colorado 81611 WAIVER OF OP'1'ION TO PURCIL,SE A LITTLE VICTOlU"N UNIT I. the undersigned ilS a tenant of the Little Victorians located at 634 Main Street, ^spen, Colorado have been offered an option to purchc,,;e my apartme;)t unit for $105,000.00. I have declined said offer to purchase and option and do not wish to purchase said unic. ,,/1 / )9;--L-I/.'__/' ~_~LC Tenant /, / ;' p'~--j~- ~ /'- - Unit No. ., ~/ .~"..... ......." ...~ -......,." To: City of Aspen 130 S. Galena Street ^spen, Colorado 81611 HAIVER OF OPTION '1'0 PURCHASE A LITTLE VICTORIAN UNIT I, the undersigned as a tenant of the Little Victorians located at 634 Main Street, ^spen, Colorado have been offere~ an option to purehase my apartment unit for $105,000.00. I have declined said offer to purchase and option and do not wish to purchase said unit. ,-/t/~ /2 ) !2h!d!2i L-"~J.:n2:K1:eJ- 'Tenant Unit No. t<'" ~.;"' '..."....... ,r"" ~J To: City of Aspen 130 S. Galena Street Aspen, Colorado BIGll HAIVER OF OPTION TO PURCHASE A LITTLE VICTORIAN UNIT I, the undersigned ~s a tenant of the Little Victorians located at 634 Main Street, Aspen, Colorado have been offered an option to purchase my apartment unit for $105,000,00. I have declined said offer to purchase and option and do not wish to purchase said unit. " , , (.'") J- r.- -f-_-\. {(: l i.: /_.__ Tenant Unit No. -, .' If/!<' ........ ""' - To: City of Aspen 130 S. Galena Street Aspen, Colorado 81611 WAIVER OF OPTION TO PURCHASE A LITTLE VICTORIAN UNIT I, the undersigned as a tenant of the Little Victorians located at 634 Main Street, Aspen, Colorado have been offered an option to purchase my apartment unit for $ISO,OOO.OO. I have declined said offer to purchase and option and do not wish to purchase said unit. '~ ". 1~ ( enan' Unit No. !t~~::f- G " , ASPENQPr ~KU\.1 Q.,- ',.'...",,~ /1' ~ i,;~ ti.: ~~ tii ~ ~ .>d.fW'b. 1iooa " ." '" ,~- F,:J ;-,;.;::.r.,-".... ro~.' ....M"-~N.T t;j;_"Lua'\;i<.;;rl _..... -,""...... . = MEMORANDUM TO: Bill Drueding, Zoning Enforcement Officer FROM: Stan Stevens, Electrical Inspector DATE: October 19, 1982 RE: Electrical Inspection 634 W. Main St. On October 18, 1982, an inspection of the electrical service and electrical wiring in at least one apartment unit was made. The following is a list of electrical deficiencies that must be corrected: 1) There are two service panels. Only one is allowed. The service will have to be rewired for only one service. 2) Rod ground will have to be added to the ground system. 3) Neutral and ground conductors not identified, 4) Directory not completed on panel. 5) GFI receptacles required in all bathrooms, 6) All bathroom heating units to be operative. 7) Acceptable wiring shall be provided to each disposal in kitchen. 506 East Main St;reet Aspen, Colorado 81611 303/925-5973 A~PEr\l!Q::JaTt(IT~\.i Q::GIOT\jj!,j.. BUZU:m~ DEPAt:tTMENT MEMORANDUM TO: Colette Penne, Planner Marshal9 vJ FROM: Jim Wilson, Fire DATE: October 18, 1982 RE: Little Victorian Apts. Condominiumization I conducted a Life & Safety inspection at the Little Victorian Apartments, 634 W. Main St., on October 14, 1982. Accompanying me on the inspection was Michael Horn, one of the building owners and manager. With the exception of some probable electrical problems, (see electrical inspector's report) the building will require little work. Mr. Horn has done a commendable job maintaining the building and grounds and appears to be safety conscious. My only requirements and recorr~endations are: 1) Provide a smoke detector for each unit. Locate the detector away from the kitchen, near the main entry door on the ceiling in the efficiency units, to minimize annoying false alarms. In the other units, locate the detector at the top of the stairs or in the proximity of the bedroom. 2) Current boiler inspection certificate from the state for the water heater. 3) A small (5Ib) ABC type fire extinguisher is recommended for each unit. I feel that sixty days is a reasonable amount of time to correct these and the electrical deficiencies, and I would like to reinspect prior to the plat filing. cc: Michael Horn 506 East Main Street; Aspen. Colorado 81611 303/925-5973 ~,., -...- MEMORANDUM PLANNER: RE: DATE: City Attorney City Engineering Colette Penne TO: Little Victorians Condominiums - Subdivision Exception September 10, 1982 The attached application requests condominiumization of the Little Victorian Apartments located at 634 Main Street. The item has been scheduled to go before the City Planning and Zoning COllJ1Jission on Tuesday, October 19, 1982, so please return any referral comments to Colette . at the Planning Office by Friday, October 8. Thanking you. ("" '-" " """" MEMORANDUM TO: PLANNER: RE: DATE: Building Department Colette Penne Little Victorians Condominiums - Subdivision Exception September 15, 1982 The attached application requests condominiumization of the Little Victorians. As required by Section 20-22 of the Code, the Building Inspector must perform a "life, health and safety" inspection of the premises and report to us on any deficiencies before we may proceed with our review. Please send you report to us no later than October 4th. Thanks. ..... ERIN FERNANDEZ HAZEN Attorney at Law 215 S. Monarch Suite 203 Aspen, Colorado 81611 (3031 925"9577 October 15, 1982 Collette Permy Planning and zoning 130 S. Galena Aspen, Co. 81611 re: Little Victorian Condaniniurns Supplerent to Application for exemption fr<r.1 Subdivision Regulations Dear Ms. Permy; I reviewed my notes reflecting the rental of the Little Victorian Apartments and found that I had ne:Jlected to disclose the following two tenancies: Unit 3 was rented by Marcia Kraus for $345.00 per rronth fran April, 1980 to December, 1981; Unit 6 was rented by John Wilson for $345.00 per mcnth fran March, 1980 to November, 1981. I trust that nON you have all the infonnaticn required. If not, please call. Sincerely, ~ --p~,~ Er1Il F. Hazen d EFHhw ,,,,,,,.~- ERIN FERNANDEZ HAZEN Attorney at Law 215 S. Monarch Suite 203 Aspen, Colorado 81611 13031 925-9577 ~ """-" 1\ugust 11, 1982 j-D;C - '-"- : -. _~rh,.:.;.. . _ " J) _..,.., -,__ ,f, , , > .' !'~ J. ,1,( ._,-.~-) hl 1t;J.,=, ' / ' ~-J...(<:.-] 'II AI' \, ~ 13 7982'/ ~"€"N ~-/t' I Pi.;',f.f./i""PklAt Co '"'' OFFICE' ..";,,!,~ Mr. Al&n :Richardson City Pl&nning Office 130 S. Galena Street Aspen, Color&do 81611 :RE: Appltcation for Exemption from Subdivtsion for Condominiumization of the Little Victorian Condominiums a/k/& Little Victorian Apartments, a/k/a 634 Main 5treet, Aspen, CO Dear Mr. :Rich&rdson: Michael Horn, Allison Olshan Horn and Burt Olshan are tenants in common of the above-described Little Victorian Apartments. Michael Horn owns and undivided 33-1/3% interest; Allison Olshan Horn owns an undivided 16-2/3% interest, and Burt Olshan owns an undivided 50% interest. The Little Victorian Apartment are comprised of 8 apartment units. Unit 7 is occupied by Michael Horn and Unit 8 is occupied by Allison Olshan Horn. The dissolution of marriage between Michael and Allison is scheduled for final hearing on September 3, 1982. The rental history for the remaining 6 units is as follows: Unit I Tenant Rent Per Rent Dates Sq. foot Hadrath .87 $305 7/20/80-6/l/81 Mellon .90 $315 6/l/81 to date Neill .83 $290 10/15/79 to date Chesney 1. 43 $500 12/15/81-4/3/82 Dean 1.14 $400 4/3/82 to date 2 3 4 Somero .87 (this rent includes of maintenance work $322 5/1/79 to date a credit of $64 a month for 8 hours at $8.00 per hour) 5 Kladek .83 (this rent includes maintenance work at $292 a credit of 1. 5 $8.00 per hour) 6/1/79 to date hours a month for Alan Richardson Page Two August II, 1982 r'"' .......~... /""1, ...,; Unit Tenant Rent Per Sq. foot Rent Datea 6 Hasell Haggert 1.71 1. 21 $600 $422 11/7/81-4/7/82 7/1/82 to date 7 Previously occupied as a vacation residence by Burt Olshan until February 23, 1982. Presently occupied by Michael Horn. 8 Previously occupied by Michael and Allison Horn as a marital residence until February 23, 1982. Presently occupied by Allison Horn. The square feet each. feet. Unit footage of units I, 2, Unit 4 has 366 square 8 is 1064 square feet. 3, 5 and 6 is 350 square feet. Unit 7 is 532 square The rental price for the last 18 months is reflected in the column marked rental price per square foot. Thus, approval will not reduce the supply of low, moderate and middle income housing as defined by the PMH guidelines to be $ .82 or less per square foot. There will be no tenant displacement as a result of the conversion to condominium ownership as the longest tenancy ends July I, 1983 and any sale will be subject to all the leases even though the lease provision provides that upon sale the landlord can terminate the tenancy after 30 days notice. Each respective unit has been offered to the occupying tenant and every tenant has declined to purchase at the offering price of $105,000.00. No tenant has been required to move involuntarily within the preceding 18 months prior to application. All units shall be restricted to six-month minimum leases and no more than two shorter tenancies per year upon conversion, as required by City Ordinance. The $475.00 application fee is enclosed. Please advise us as to any information needed for the approval of this condominiumization. We should also set up an appointment at your convenience to discuss this application before the date of the initial presentation to the Planning and Zoning Commission. Please let me know. Looking forward to hearing from you. EFH: jw z Hazen 6175 Ti I' - .,.;.... "'''- ""J STEWART TITLE OF ASPEN, INC. HEREBY CERTIFIES from a search of the books in this office that the owner of Lots K & L Block 24 CITY AND TOWNSITE OF ASPEN Situated in the County of Pitkin, State of Colorado, appears to be vested in the name of Michael A. Horn as to an undivided 1/3 interest. Michael A. Horn and Allison D. O. Horn as to an undivided 16 2/3 ~nterest Burton D. Olshan as to an undivided 50% interest and that the above described property appears to be subject to the following Mortgages, Deeds of Trust, Mechanics Liens or other liens of record: 1. A Deed of Trust dated March 1, 1974 executed by Robert J. Carey, William H. Sharrocks, Jr., and William H. Sharrocks, Sr, to the Public Trustee of Pitkin County, to secure an indebtedness of $80,800.00 in favor of World Savings and Loan Association, recorded March 15, 1974 in Book 285 at Page 86 as Reception No. 166031, and re-recorded in Book 288 at Page 954. 2. A Deed of Trust dated December 1, 1975 executed by Burton D. Olshan, to the Public Trustee of Pitkin County to secure an indebtedness of $40,000.00 in favor of Little Victorian Enterprises, a general partnership, recorded December 1, 1975 in Book 306 at Page 104 as Reception No. 179827. By mense assignments, the above Deed of Trust was assigned to Kathleen W. Olshan as Trustee for Erin Olshan, Allison Olshan and Jordan Olshan. 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 liability whatever on any statement contained herein. Dated at Aspen, Colorado, this 22 day of July A.D. 19Eat 8:00 am. STEWART BY Authorized Signature ...,.. ERIN FERNANDEZ HAZEN Attorney at Law 215 S. Monarch Suite 203 Aspen, Colorado 81611 1303} 925-9577 .,.." January 10, 1983 Mr. Gary Esary Assistant City Attorney 130 S. Galena Street Aspen, Colorado 81611 RE: Little Victorians Dear Gary, In case my message Friday was unclear, I thought I'd better drop you a note prior to my departure. Please call Michael Horn at 925-1400 if the Condominium Declaration and Statement of Exception are acceptable so that he can record all the instruments or give Kathryn the recording fees out of the partnership account. The Map is already ready to record and is in the City Clerk's office. My clients and I appreciate your prompt attention to this matter. Thank you and I'll call you when I get back. V)ty truly yours, y,~J ~;.- Erin F. Hazen EFH: jw NEHORANDUl1 DATE: October 21, 1982 TO: Colette Penne FROM: Gary Esary RE: Little Victorians Employee Housing Calculations At the P&Z meeting of October 19, 1982, you presented representa- tions by counsel for the application in the above~described case that all the units had rented for amounts above the middle-income guidel ine level s for the previous eighteen months. You concl uded therefore that the condominiumization of those units would not reduce the supply of low- and mOderate-income housing pursuant to Section 20-22, A.H.C. I agree. At that point, however, the P&Z raised a question we were not pre- pared to deal with, i.e. the effect of utilities charges on the rental rate. Roger Hunt's position was that the utility charges had to be subtracted from the rental price and then that remainder might fall within the low-, moderate- or middle income guidelines. I tend to agree with Roger's point but believe that the law sup- ports your original position. With respect to utilities in employee housing, the only guidance is provided by Ordinance 23- 1982. That ordinance provides, in setting maximum rental rates for employee housing, that if the utilities are provided in conunon (and not separately meterea), then utilities costs must be addeu into the rental rate. This provision is obviously intended to prOhibit landlords from charging rents in excess of the guidelines pursuant to bizarre utility allocation formulas, if the utilities are not separately metered. In this case, though, this provision permits the Little Victorians applicants to add the in-common utilities into the rent charged on a square foot basis. Based on this analysis, the applicant's representations as to square footage and 18-month rentals charged and your calculations, the lowest rent charged was $.83 a square foot, slightly over the $.82 a square foot (including in-common utilities) allowed by Ordinance 23-1982. Memo to Colette Penne October 21, 19iJ2 Page Two The Jlext question is whether that fact alone proves that the f;UP- ply of low and moderate income housing is not reduced? I think it probably does. Section 2U-22 provides that it is prima facie evidence that the supply is being reduced if the units were rented within the guide- lines. The implication is that rental of the units above the guidelines is evidence of no reduction in supply. Further, the ordinance appears to require proof that the supply of only low ana moderate housing is not reduced. Since the Little Victorians historically nave rented above the middle-income guidelines, there appears to be a good margin of safety. 1'0 concl ude, in my oplnion the rental history, if correct, COM- plies with 2U-22 requirement of showing that the supply of low and moderate housing is not reduced. Of course, the Council has the sole and absolute discretion to make that decision based, among other things, on the criteria outlined in 20-22 and the rental history presumption. GSE/mc , . , '-=-" -.-.... MEMORANDUM TO: Aspen Planning and Zoning Commission FROM: Colette Penne, Planning Office RE: Little Victorians SubdiYision Exception - Condominiumization DATE: October 19, 1982 Location: 634 Main Street. Zoning: 0 - Office Applicant's Request: Exception from subdivision for the purpose of condominiumization of the eight residential units in the building at 634 Main Street, known as the Little Victorian Apartments. Referra 1 Comments: Building Department An inspection was performed on October 14, but did not include an electrical inspection. The electrical inspection is scheduled for October 15 and all comments will be available at the Tuesday, October 19 Planning and Zoning meeting. Planning Office ReYiew: The requirements of Section 20-22 are that existing tenants shall be given notice that the units will be offered for sale and that they haye first right of refusal. This offer has been made and every tenant has declined to purchase. The longest tenancy remaining ends July 1, 1983 and the applicant has committed to honor all the leases eyen though the lease provision provides that upon sale the landlord could terminate the tenancy with 30 days' notice. The units have all rented outside the income guidelines for rental employee units. The middle income category (which is the top category) sets rental price at 82~ per square foot. The lowest price any of these units has rented for in the past 18 months was 87~ per square foot, except for Unit 5 which has rented for 83~ per square foot since June, 1979. Units 7 and 8 have been occupied by the owners. The units will be restricted to six-month minimum leases with no more than two shorter tenancies per year. Planning Office Recommendation: The Planning Office recommends approval of the subdivision exception for the purpose of condominiumization of the Little Victorian Apartments at 634 W. Main Street with the fOllowing conditions: " loh!32~ 1. ImproY~me~ts necessary t? the b~ildingcfro~t~~ r~S~1;\,2f,a/t7/2?L\,~, the BUlldlng Department lnspect1onso.mu"St be made prlor to J:.>:t n the sale of any unit. t""""'<!:P ~ The units will be restricted to six-month minimum leases with no more than two shorter tenancies per year. >> 3.ft ~-\-:~U>~,:+ o~ tX~fsh~-\.\~. '''' 4Ll +u.(\, ?,~l': -&v.-bJ. \-1 IS\ 0>-". DYb~-.~ .L- r7f~ Ct.l.lreoo~L"f,,,-~? I " \" ~.{~ ..i~~~o..~,~.hl~y,,:>.F/j~.to,:(rc__ _. ~"'o~J.-v\'.'-""t....lJ-V1{lo.- l,Ov\. b.L ~c..........:..tc.c "jt'\\or'}'~'\..;... offrD'\J'l.d ~(r\L~ c;-o- 7filo'""(t, \ J. (1-,,\~li(lI'\~L I.0jlt, ~\;., 20- .2L(O-').. (6), P~:,~;s /1, -rk<L- cle,l c-l<:..-tic'"" ?\'.. Lc1; / ;{~ c:.ost: C-~ r / ' ,( / c;i i -f: J " I"'~' I 1/ fl , " , 1 l,...-----r + 'Si-;. -toO]..J'\-..L-, l"'~\:-~ _>j.'\J {t li CV /"llJ, 1,\ ~-".. "i t; O-,,~_I;. I 1-.. . I ;". I I ., . .". . j, . .. .---.... . f-"""-... /"'0, -"'-..... 0~RI / MEMORANOUM PLANNER: RE: DATE: /City Attorney City Engineering Colette Penne TO: Little Victorians Condominiums - Subdivision Exception September 10, 1982 The attached application requests condominiumization of the Little Victorian Apartments located at 634 Main Street. The item has been scheduled to go before the City Planning and Zoning Commission on Tuesday, October 19, 1982, s turn any referral comments to Colette at the Planning Office b rl ay, October Thanking you. I l.b-ft:: -rtt\ T 1\ ~L ~<M"T ~~ PoL: J'>cr- ",-" N ~~ iUl ~~~)L"'-' _ ~<20T:z.v-0L.,.., IUr\ rvJ G ',?'0-M ('tWJ _~ (. 'V'I"'\'t:'fD (-v "rr-' ,1>-"=-5-" .... --' /fIIiD JiU'6 ~ I.U--C-- ~ !kt1L-'.... - ~Aivt;Ei ~ st\pf> iVk ~L-, ( .:.c -(t\l\'\'\.- ~ < ~ ~ ~"~f, ~GI O"\d' . r-zt-..; 4V.(7AIY If'- ~ ~ ..-- J "., \f .;.,-r.v ) t\lrrV{ / ... ERIN FERNANDEZ HAZEN Attorney at Law 215 S. Monarch Suite 203 Aspen, Colorado 81611 13031 925.9577 r"..' ,. jD)~:'; ~--;---:;C)-.-., - __"'.' 7" '" " "," \,..,-. ,i",( . -- - ".}.i.:J .:!~/ ,! ;!,'~~/'" ' '0" _.., ,:~' AI't- \, ~ V,./ 1 3 1,98' .':'/ A.(;~."'''-~ '- .' i .lV / ''';'1'/ -::;,'il ft.;. ".." 'I. !'N-'1e..... ...--. .. ~,..J~'''\n. . () ", {jFFiCf ' ~tlgust 11, 1982 Mr. Alan Eichardson City Planning Office 130 S. Galena Street Aspen, Colorado 81611 M: Appl!cation for ~empti'on from Subdivision for Condominiumization o~ the Little victorIan COndominiums a/k/a Little Victorian Apartments, a/k/a 634 Main Street, Aspen, CO Dear Mr. Eichardson: Michael Horn, Allison Olshan Horn and Burt Olshan are tenants in common of the above-described Little Victorian Apartments. Michael Horn owns and undivided 33-1/3% interest; Allison Olshan Horn owns an undivided 16-2/3% interest, and Burt Olshan owns an undivided 50% interest. The Little Victorian Apartment are comprised of 8 apartment units. Unit 7 is occupied by Michael Horn and Unit 8 is occupied by Allison Olshan Horn. The dissolution of marriage between Michael and Allison is scheduled for final hearing on September 3, 1982. The rental history for the remaining 6 units is as follows: Unit Tenant Rent Per Rent Dates Sq. foot 1 Hadrath .87 $305 7/20/80-6/1/81 Mellon .90 $315 6/1/81 to date 2 Neill .83 $290 10/15/79 to date 3 Chesney 1.43 $500 12/15/81-4/3/82 Dean 1.14 $400 4/3/82 to date 4 SomeJ;o .87 $322 5/1/79 to date (this rent includes a credit of $64 a month for 8 hours of maintenance work at $8.00 per hourI 5 KladeK .83 $292 6/1/79 to date (this rent includes a credit of 1.5 hours a month for maintenance work at $8.00 per hour} Alan Richardson Page Two August II, 1982 ,... ,., ...., ....",,",. - Unit Tenant Rent J;>er Sq. foot 1.71 1.21 Rent Dates 6 Rasell Raggert $600 $422 11/7/81-4/7/82 7/1/82 to date 7 Previously occupied as a vacation residence by Burt Olshan until February 23, 1982. Presently occupied by Michael Horn. Previously occupied by Michael and Allison Horn as ,a marital residence until February 23, 1982. Presently occupied by Allison Korn. 8 The square feet each. feet. Unit footage of units 1, 2, 3, 5 and 6 is Unit 4 has 366 square feet. Unit 7 8 is lQ64 square feet. 350 Square is 532 square The rental price for the last 18 months is reflected in the column marked rental price per square foot. Thus, approval will not reduce the supply of low, moderate and middle income housing as defined by the PMH guidelines to be $ .82 or less per square foot. There will be no tenant displacement as a result of the conversion to condominium ownership as the longest tenancy ends July 1, 1983 and any sale will be subject to all the leases even though the lease provision provides that upon sale the landlord can terminate the tenancy after 30 days notice. . Each respective unit has been offered to the occupying tenant and every tenant has declined to purchase at the offering price of $105,000.00. No tenant has been required to move involuntarily within the preceding 18 months prior to application. All units shall be restricted to six-month minimum leases and no more than two shorter tenancies per year upon conversion, as required by City Ordinance. The $475.00 application fee is enclosed. Please advise us as to any information needed for the approval of this condominiumization. We should also set up an appointment at your convenience to discuss this application before the date of the initial presentation to the Planning and Zoning Commission. Please let me know. Looking forward to hearing from you. UH: jw z Hazen 1""" '-<-' ", ~ MEMORANDUM TO: Aspen Planning and Zoning Commission FROM: Colette i'enne, Planning uffice RE: Little Victorians Subdivision Exception - Condominiumization DATE: October 19, 1982 Location: 634 Main Street. Zoning: 0 - Office , Applicant's" Reques t: Exception from subdivision for the pUl'pose of condominiumization of the eight residential units in the building at 634 Main Street, known as the Little Victorian Apartments. Referra 1 Comments: Buildin9 Department Planning Review: An inspection ./as performed on October 14, but did not include an electrical inspection. The electrical inspection is scheduled for October 15 and all comments will be available at the Tuesday, October 19 Planning and Zoning meeting. fA'; ~ Offi ce The requirements of Section 20-22 are tha shall be given notice that the units will be 0 ered for sale and that they have first right of rpf",,"' This offer has been made and 'every tenant has declined to purchase. The longest tenancy remaining ends July 1, 1983 and the applicant has committed to honor all the leases even though the lease provision provides that~upon sale the 'landlord could terminate the tenancy with 30 days' notice. #-/11'" . ~.4;f The units have al rented outside the income uidelines for rental emplovee units. The mi ddl e income ca egory w, c , s the top category) sets rental price at 82~ per square foot. The lm'lest price any of these units has rented fOl' in the past 18 months was 87~ per square foot, except for Unit 5 which has rented for 83~ per square foot since June, 1979. Units 7 and 8 have been occupied by the owners. - The units will be restricted to six-month minimum leases with no more than two shorter tenancies per year. Planning Office Recommendation: The Planning Office recommends approval of the subdivision exception for the purpose of condominiumization of the Little Victorian Apartments at 634 W. Main Street with the following conditions: 1. Improvements necessary to the building from the results of the Building Department inspe,,:ions must be made priol' to the sale of any u~t. ft,-()~61ffJ.1t1S::.I."''''~s The units will be restricted to six-month minimum leases with no mOI'e than hID shorter teniin'cies per year. if 2. '.., 5~ J. 7Vuf',-. Zb'Z" ".,. V, t,.4~ - ASPEN/PITKIN PLANNING OFFICE 130 South Galena Street Aspen. Colorado 81611 (303) 925.2020 LAND USE APPLICATION FEES City 00113 . 63721 .47331 . 52100 GMP/CONCEPTUAL 63722 . 47332 . 52100 GMP/PRELlMINARY 63723 . 47333 . 52100 GMP/FINAL 63724 .47341 . 52100 SUB/CONCEPTUAL 63725 . 47342 . 52100 SUB/PRELIMINARY 63726 .47343 " 52100 SUB/FINAL 63727 . 47350 . 52100 EXCEPT/EXEMPTION 63728 . 47350 . 52100 REZONING 63729 . 47360 . 52100 SPECIAL REVIEW SUB.TDTAL County 00113 . 63711 .47331 . 52200 GMP/GENERAL 63712 . 47332 . 52200 GMP/PRELlMINARY 63713 ' 47333 " 52200 GMP/FINAL 63714 .47341 . 52200 SUB/GENERAL 63715 . 47342 . 52200 SUB/DETAILED 63716 . 47343 . 52200 SU8/FINAL 63717 . 47350 . 52200 SPECIAL REVIEW 63718 . 47350 . 52200 REZONING 63719 . 47360 . 52200 SPECIAL APPROVAL SUB.TDTAL PLANNING OFFICE SALES 00113 . 63061 "09100 . 52200 COUNTY CODE 63063 . 09100 . 52200 ALMANAC 63062 .09100 . 52300 GMP 63066 . 09100 . 52300 COPY FEES 63069 . 09100 OTHER SUB.TOTAL TOTAL --- _ -r_ ..IF;:; Zr 'BeY It "''''- "" ~, Ll ~ "j. ",0 J~ .....,... Name: t::.- Il.J I-/A"~ , Address: """'I~;O:: " .-,,)--~f".fl..,^,.t... "-It ,"','t 0"",::1 - LJ:~ r-, Check No. ; n I "-, , Additional Billing: Phone: q ~~ - Cl6 i-~ Project: L ....,.Iq , \;...., .n...= rr'll,+,C <::., I h~' <f f....~ ,....r. i.. Date: q I q I 1 "'- No. of Hours: o .....'" - Memo: Little Victorians November 8, 1982 Page Two Subdivision Exception - Condominiumization 2. Compliance with Section 20-22(a) and (b). 3. A Statement of Exception from the full subdivision process for the purpose of condominiumization and a Declaration of Restrictive Covenants be executed on forms approved by the City Attorney. 4. The deduction of utility costs from the square footage rates shall be calculated on a pro-rata basis and if any units fall within employee housing guidelines, a recommended income category from the Housing Office shall accompany the request to Council. Council Action: If Council concurs with the action of the Planning and Zoning Commission and the findings of the City Attorney and Planning Office, the appropriate motion is as follows: "I move to approve subdivision exception for the purpose of condominiumization of the Little Victorians Apartments at 634 W. Main Street with the following conditions: 1. Improvements necessary to the building from the results of the Building Department inspections, as summarized in the October 18, 1982 and October 19, 1982 Building Department memos must be made prior to the sale of any unit. 2. Compliance with Section 20-22. 3. A Statement of Exception from the full subdivision process for the purpose of condominiumization and a Declaration of Restrictive Covenants be executed on forms approved by the City Attorney." ASPEN.PITKIN"REGIONAL BUILDI~ DEPARTMENT MEMORANDUM TO: Bill Drueding, Zoning Enforcement Officer FROM: Stan Stevens, Electrical Inspector DATE: October 19, 1982 RE: Electrical Inspection 634 W. Main St. On October 18, 1982, an inspection of the electrical service and electrical wiring in at least one apartment unit was made. The following is a list of electrical deficiencies that must be corrected: 1) There are two service panels. Only one is allowed. The service will have to be rewired for only one service. 2) Rod ground will have to be added to the ground system. 3) Neutral and ground conductors not identified. 4) Directory not completed on panel. 5) GFI receptacles required in all bathrooms, 6) All bathroom heating units to be operative. 7) Acceptable wiring shall be provided to each disposal in kitchen. 506 East; Main St;reet; Aspen, Colorado 81611 303/925-5973 ASPEN.PITKIN~AEGIONAL BUILDI~ DEPARTMENT MEMORANDUM TO: Colette Penne, Planner Marshalg v0 FROM: Jim Wilson, Fire DATE: October 18, 1982 RE: Little Victorian Apts. Condominiumization I conducted a Life & Safety inspection at the Little Victorian Apartments, 634 W. Main St., on October 14, 1982. Accompanying me on the inspection was Michael Horn, one of the building owners and manager. With the exception of some probable electrical problems, (see electrical inspector's report) the building will require little work. Mr. Horn has done a commendable job maintaining the building and grounds and appears to be safety conscious. My only requirements and recommendations are: 1) Provide a smoke detector for each unit. Locate the detector away from the kitchen, near the main entry door on the ceiling in the efficiency units, to minimize annoying false alarms. In the other units, locate the detector at the top of the stairs or in the proximity of the bedroom. 2) Current boiler inspection certificate from the state for the water heater. 3) A small (5Ib) ABC type fire extinguisher is recommended for each unit. I feel that sixty days is a reasonable amount of time to correct these and the electrical deficiencies, and I would like to reinspect prior to the plat filing. cc: Michael Horn 506 East; Main St;reet; Aspen, Colorado 81611 303/925-5973 ~".,., '....,Ji# eIT PEN MEMORANDUM DATE: October 21, 1982 TO: Colette Penne FROM: Gary Esar~ RE: Little Victorians Employee Housing Calculations At the P&Z meeting of October 19, 1982, you presented representa- tions by counsel for the application in the above-described case that all the units had rented for amounts above the middle-income guideline levels for the previous eighteen months. You concluded therefore that the condominiumization of those units would not reduce the supply of low- and moderate-income housing pursuant to Section 20-22, A.M.C. I agree. At that point, however, the P&Z raised a question we were not pre- pared to deal with, i.e. the effect of utilities charges on the rental rate. Roger Hunt's position was that the utility charges had to be subtracted from the rental price and then that remainder might fall within the low-, moderate- or middle income guidelines. I tend to agree with Roger's point but believe that the law sup- ports your original position. With respect to utilities in employee housing, the only guidance is provided by Ordinance 23- 1982. That ordinance provides, in setting maximum rental rates for employee housing, that if the utilities are provided in common (and not separately metered), then utilities costs must be added into the rental rate. This provision is obviously intended to prohibit landlords from charging rents in excess of the guidelines pursuant to bizarre utility allocation formulas, if the utilities are not separately metered. In this case, though, this provision permits the Little Victorians applicants to add the in-common utilities into the rent charged on a square foot basis. Based on this analysis, the applicant's representations as to square footage and 18-month rentals charged and your calculations, the lowest rent charged was $.83 a square foot, slightly over the $.82 a square foot (including in-common utilities) allowed by Ordinance 23-1982. .~' " Memo to Colette Penne October 21, 1982 Page Two The next question is whether that fact alone proves that the sup- ply of low and moderate income housing is not reduced? I think it probably does. Section 20-22 provides that it is prima facie evidence that the supply is being reduced if the units were rented within the guide- lines. The implication is that rental of the units above the guidelines is evidence of no reduction in supply. Further, the ordinance appears to require proof that the supply of only low and moderate housing is not reduced. Since the Little Victorians historically have rented above the middle-income guidelines, there appears to be a good margin of safety. To conclude, in my opinion the rental history, if correct, com- plies with 20-22 requirement of showing that the supply of low and moderate housing is not reduced. Of course, the Council has the sole and absolute discretion to make that decision based, among other things, on the criteria outlined in 20-22 and the rental history presumption. GSE/mc C ERIN FERNANDEZ HAZEN Attorney at Law 215 S. Monarch Suite 203 Aspen, Colorado 81611 (3031 925-9577 """ ~ 8S:CltlVE'O October 26, 1982 .....:1 'I~:.o') Collette Penne Gary Esary City of Aspen 130 South Galena Street Aspen, Colorado 81611 (olette - I t>eh...J€ ~~ 1<:1 be- ,iI g,~ - .;{ LI Ie!:, . Y' v G* 1m AlrOIlIttt'3 OfFiCE ,'RECEIVED I ~'I (I .~ 1982 CITY ATTORNEY'S OFFIce I' Hat. RE: Little Victorian Condominiums Dear Ms. penne and Mr. Esary: Enclosed herewith are the waivers of option to purchase executed by each of the tenants residing at the Little Victorian Apartments. The waiver was signed by each tenant one week prior to August 11, 1982, the date of our application. EFH:jw Enc. Sin:r~~ I I ~v:-~, ~1~ Erin Fernande~azen - " " ,../ To: City of ^spen 130 S. Galena Street Aspen, Colorado BIGll \vAIVER OF OP'rrON TO PURCHASE l\ LITTLE VICTORIAN UNIT I, the undersigned as a tenant of the Little Victorians located at 634 Main Street, ^spen, Colorado have been offered an option to purchase my apartment unit for $105,000.00. I have declined said offer to purchase and option and do not wiSh to purchase said unit. , v Un"l t NO. , ~, ,.. To: City of Aspen 130 S. Galena Street Aspen. Colorado 81611 \'iAIVER OF OPTION TO PUHCH?,SE A LIT'I'LI:: VIC'I'OHIMl UNIT I, the undersigned as a tenant of the Little Victorians located at 634 Main Street, ^spen, Colorado have been offered an option to purchase my apartment unit for SlOS,OOO.OO. I have declined said offer to purchase and option and do not wish to purchase said unit. ~LL /4 -Tcna;~/ Unit No. 2--- . ,. , ," To: City of ^sp~n 130 S. Gilleni'! Street Aspen, Colorado UIGll \'lAIVER OF OPTION TO PURCIE\SE A LITTLE VICTORIj\N UNIT I, the undersigned as a tenant of the Little Victorians located at 634 Main Street, ^spen, Colorado have been offered an option to purchase my apartme:1t uni t for $105,000.00. I have declined said offer to purchase and option and do not wiSh to purchase said unit. -;, /' /)F"L.;,~(/1 Tenant ,( I , III \ fA,.._ ''':'- (... /'_ ' Unit No. "' "i ~, """,...." , "'....," " To: City of Aspen 130 S. Galena Street Aspen, Colorado 81611 \~AIVER OF OPTION TO PURCIli\SE A LITTLE VICTORIAN UNIT I, the undersigned as a tenant of the Little Victorians located at 634 Main Street, ^spen, Colorado have been offere~ an option to purchase my apartment unit for $105,000,00. I have declined said offer to purchase and option and do not wish to purchase said unit. v:2/) / ..L? I Zht02L~-/J:r;Y)el :=r-- Tenant Uni t No. jf" .,. ..... ".,..J To: City of Aspen 130 S. Galena Street Aspen, Colorado 81GII WAIVER OF OPTION TO PURCHASE A LITTLE VICTORIAN UNIT I, the undersigned as a tenant of the Little Victorians located at 634 Main Street, Aspen, Colorado have been offered an option to purchase my apartment unit for $105,000.00. I have declined said offer to purchase and option and do not wish to purchase said unit. , I ' /.,-;1 (:.-+.~(" {( 1 C"...' ~__u_ Tenant Unit No. -, .' .,;..., ,..." '-' To: City of Aspen 130 S. Galena Street Aspen, Colorado 81611 WAIVER OF OPTION TO PURCHASE A LITTLE VICTORIAN UNIT I, the undersigned as a tenant of the Little Victorians located at 634 Main Street, Aspen, Colorado have been offered an option to purchase my apartment unit for $150,OOO.00. I have declined said offer to purchase and option and do not wish to purchase said unit. ~r~ (;Tenant unit No. ;e. (~~- G . ASPENQPr.KU~ Q. .. . ,'....'., 1"" . t.... r..= ,..::.. '-" < '.... J<.:i'.lI.. " .", "'.,r~'" 0 "-',-r;-;-"'" .-.' ''''M.ENT .~,...:,,-......a\il<.:;;ll iJO=:..-.__. MEMORANDml TO: Bill Drueding, Zoning Enforcement Officer FROM: Stan Stevens, Electrical Inspector DATE: October 19, 1982 RE: Electrical Inspection 634 W. Main St. On October 18, 1982, an inspection of the electrical service and electrical wiring in at least one apartment unit was made. The following is a list of electrical deficiencies that must be corrected: 1) There are two service panels. Only one is allowed. The service will have to be rewired for only one service, 2) Rod ground will have to be added to the ground system. 3) Neutral and ground conductors not identified. 4) Directory not completed on panel. 5) GFI receptacles required in all bathrooms, 6) All bathroom heating units to be operative. 7) Acceptable wiring shall be provided to each disposal in kitchen. 506 East Main Street Aspen, Colorado 81611 303/925-5973 I"" i"""I A~PEr\l1Q:'=J;Tr(Er\1 >n::GIO!\:fl\L. s.L"H_Cn~ OEPA~TMENT MEMORANDUM FROM: Jim Wilson, Fire Planner Marshalg v0 TO: Colette Penne, DATE: October 18, 1982 RE: Little Victorian Apts. Condominiumization I conducted a Life & Safety inspection at the Little Victorian Apartments, 634 W. Main St., on October 14, 1982. Accompanying me on the inspection was Michael Horn, one of the building owners and manager. With the exception of some probable electrical problems, (see electrical inspector's report) the building will require little work. Mr. Horn has done a commendable job maintaining the building and grounds and appears to be safety conscious. My only requirements and recorr~endations are: 1) Provide a smoke detector for each unit. Locate the detector away from the kitchen, near the main entry door on the ceiling in the efficiency units, to minimize annoying false alarms. In the other units, locate the detector at the top of the stairs or in the proximity of the bedroom. 2) Current boiler inspection certificate from the state for the water heater. 3) A small (5Ib) ABC type fire extinguisher is recommended for each unit. I feel that sixty days is a reasonable amount of time to correct these and the electrical deficiencies, and I would like to reinspect prior to the plat filing. cc: Michael Horn 506 East Main Street Aspen, Colorado 81611 303/925-59"73 " '\.....,.., MEMORANDUM TO: City Attorney City Engineering Colette Penne PLANNER: RE: DATE: Little Victorians Condominiums - Subdivision Exception September 10, 1982 The attached application requests condominiumization of the Little Victorian Apartments located at 634 Main Street. The item has been scheduled to go before the City Planning and Zoning Commission on Tuesday, October 19, 1982, so please return any referral comments to Colette " at the Planning Office by Friday, October 8. Thanking you. "" ,."", ,,;....... MEMORANDUM TO: PLANNER: RE: DATE: Building Department Colette Penne Little Victorians Condominiums - Subdivision Exception September 15, 1982 The attached application requests condominiumization of the Little Victorians. As required by Section 20-22 of the Code, the Building Inspector must perform a "life, health and safety" inspection of the premises and report to us on any deficiencies before we may proceed with our review. Please send you report to us no later than October 4th. Thanks. ........ ERIN FERNANDEZ HAZEN Attorney at Law 215 S. Monarch Suite 203 Aspen, Colorado 81611 1303) 925-9577 October 15, 1982 Collette Penny Planning and Zoning 130 S. Galena Aspen, Co. 81611 re: Little Victorian Condaniniums Supplerrent to Application for exemption frcn Subdivision Regulations Dear Ms. Penny; I reviewed my notes reflecting the rental of the Little Victorian Aprrtments and found that I had neglected to disclose the following b..o tenancies: Unit 3 \\as rented by Marcia Kraus for $345.00 per m:mth fran April, 1980 to December, 1981; Unit 6 \\as rented by John wilson for $345.00 per month fran March, 1980 to November, 1981, I trust that now you have all the infornation required. If not, please call. Sincerely, ~ -~. (t~- r <::2.- - U . / Erin F. Hazen . ~ EFH/jw ERIN FERNANDEZ HAZEN Attorney at Law 215 S. Monarch Suite 203 Aspen, Colorado 81611 (3031 925.9577 .-... '-'" ,.'''-'' 1\ugust 11, 1982 J-O)r::", .""- "--':"'~ :.: . _~';_", ~~~fh,;.;.. - , ", ". ""i -;Ip -"- 1/1.,.,(,-,. "~~"1.<.~J,/ j;;j '. I. :. -'-1_3- ~1 /"- -....1 'If AI'. ), 1\ uG 1 ') 7" " " "-"-- " 9Q:;> .! As....=-- v...: . . --N -/ '-", / p ." ",' P(...~. .' rti{tl~C~6' "'I'-fit"~ "" -h, OFFiCE: ' Mr. Al&n Richardson City Planning Office 130 S. Galena Street Aspen, Colorado 81611 RE: Application for Exemption from Subdivision for Condominiumization of the Little Victorian Condominiums a/k/a Little Victorian Apartments, a/k/a 634 Main Street, Aspen, CO Dear Mr. Richardson: Michael Horn, Allison Olshan Horn and Burt Olshan are tenants in common of the above-described Little Victorian Apartments. Michael Horn owns and undivided 33-1/3% interest; Allison Olshan Horn owns an undivided 16-2/3% interest, and Burt Olshan owns an undivided 50% interest. The Little Victorian Apartment are comprised of 8 apartment units. Unit 7 is occupied by Michael Horn and Unit 8 is occupied by Allison Olshan Horn. The dissolution of marriage between Michael and Allison is scheduled for final hearing on September 3, 1982. The rental history for the remaining 6 units is as follows: Unit I Tenant Rent Per Rent Dates Sq. foot Hadrath .87 $305 7/20/80-6/1/81 Mellon .90 $315 6/1/81 to date Neill .83 $290 10/15/79 to date Chesney 1. 43 $500 l2/15/81-4/3/82 Dean 1.14 $400 4/3/82 to date 2 3 4 Somero .87 (this rent includes of maintenance work $322 5/1/79 to date a credit of $64 a month for 8 hours at $8.00 per hourI 5 Kladek .83 (this rent includes maintenance work at $292 a credit of 1. 5 $8.00 per hour) 6/1/79 to date hours a month for Alan Richardson Page Two August II, 1982 ,'~, /,'", ,- ~,.,,, Unit Tenant Rent Per Sq. foot Rent Dates 6 Hasell Haggert 1.71 1. 21 $600 $422 11/7/81-4/7/82 7/1/82 to date 7 Previously occupied as a vacation residence by Burt Olshan until February 23, 1982. Presently occupied by Michael Horn. 8 Previously occupied by Michael and Allison Horn as a marital residence until February 23, 1982. Presently occupied by Allison Horn. The square feet each. feet. Unit footage of units 1, 2, Unit 4 has 366 square 8 is 1064 square feet. 3, 5 and 6 is 350 square feet. unit 7 is 532 square The rental price for the last 18 months is reflected in the column marked rental price per square foot. Thus, approval will not reduce the supply of low, moderate and middle income housing as defined by the PMH guidelines to be $ .82 or less per square foot. There will be no tenant displacement as a result of the conversion to condominium ownership as the longest tenancy ends July 1, 1983 and any sale will be subject to all the leases even though the lease provision provides that upon sale the landlord can terminate the tenancy after 30 days notice. Each respective unit has been offered to the occupying tenant and every tenant has declined to purchase at the offering price of $105,000.00. No tenant has been required to move involuntarily within the preceding 18 months prior to application. All units shall be restricted to six-month minimum leases and no more than two shorter tenancies per year upon conversion, as required by City Ordinance. The $475.00 application fee is enclosed. Please advise us as to any information needed for the approval of this condominiumization. We should also set up an appointment at your convenience to discuss this application before the date of the initial presentation to the Planning and zoning Commission. Please let me know. Looking forward to hearing from you. EFH: jw ~?*~- Erin Fern~z Hazen 6175 Ti ,!"., "- /" .".,;#' STEWART TITLE OF ASPEN, INC. HEREBY CERTIFIES from a search of the books in this office that the owner of Lots K & L Block 24 CITY AND TOWNSITE OF ASPEN Situated in the County of Pitkin, State of Colorado, appears to be vested in the name of Michael A. Horn as to an undivided 1/3 interest. Michael A. Horn and Allison D. O. Horn as to an undivided 16 2/3 interest Burton D. Olshan as to an undivided 50% interest and that the above described property appears to be subject to the following Mortgages, Deeds of Trust, Mechanics Liens or other liens of record: 1. A Deed of Trust dated March 1, 1974 executed by Robert J. Carey, William H. Sharrocks, Jr., and William H. Sharrocks, Sr, to the Public Trustee of Pitkin County, to secure an indebtedness of $80,800.00 in favor of World Savings and Loan Association, recorded March 15, 1974 in Book 285 at Page 86 as Reception No. 166031, and re-recorded in Book 288 at Page 954. 2. A Deed of Trust dated December 1, 1975 executed by Burton D. Olshan, to the Public Trustee of Pitkin County to secure an indebtedness of $40,000.00 in favor of Little Victorian Enterprises, a general partnership, recorded December 1, 1975 in Book 306 at Page 104 as Reception No. 179827. By mense assignments, the above Deed of Trust was assigned to Kathleen W. Olshan as Trustee for Erin Olshan, Allison Olshan and Jordan Olshan. 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 liability whatever on any statement contained herein. Dated at Aspen, Colorado, this 22 day of July A.D. 19~at 8:00 am. ::"AA' n", 00~ Authorized Signature ERIN FERNANDEZ HAZEN Attorney at Law 215 S. Monarch Suite 203 Aspen, Colorado 81611 (303) 925-9577 "...,.' January 10, 1983 Mr. Gary Esary Assistant City Attorney 130 S. Galena Street Aspen, Colorado 81611 RE: Little Victorians Dear Gary, In case my message Friday was unclear, I thought I'd better drop you a note prior to my departure. Please call Michael Horn at 925-1400 if the Condominium Declaration and Statement of Exception are acceptable so that he can record all the instruments or give Kathryn the recording fees out of the partnership account. The Map is already ready to record and is in the City Clerk's office. My clients and I appreciate your prompt attention to this matter. Thank you and I'll call you when I get back. Vify truly yours, y,~J ~;.- Erin F. Hazen EFH: jw Ht;HORANDUI~ DATE: October 21, 1982 TO: Colette Penne FROM: Gary Esary RE: Little Victorians Bmployee Housing Calculations At the P&Z meeting of October 19, 1982, you presented representa- tions by counsel for the application in the above-'described case tnat all the units had rented for amounts above the middle-income guidel ine level s for the previous eighteen months. You concl uded therefore that the condominiumization of those units would not reduce the supply of low- and mOderate-income housing pursuant to Section 20-22, A.N.C. I agree. At that point, however, the P&Z raised a question \Ie were not pre- pared to deal with, i.e. the effect of utilities charges on the rental rate. Roger Hunt's position was that the utility charges had to be subtracted from the rental price and then that remainder might fall within the low-, moderate- or middle income guidelines. I tend to agree with Roger's point but believe that the law sup- ports your original position. With respect to utilities in employee housing, the only guidance is provided by Ordinance 23- 1982. That ordinance provides, in setting maximum rental rates for employee housing, that if the utilities are provided in common (and not separately metered), then utilities costs must be addeLl into the rental rate. This provision is Obviously intended to prohibit landlords from charging rents in excess of the guidelines pursuant to bizarre utility allocation formulas, if the utilities are not separately metered. In this case, though, this provision permits the Little Victorians applicants to add the in-common utilities into the rent charged on a square foot basis. Based on this analysis, the applicant's representations as to square footage and 18-month rentals charged and your calculations, the lowest rent charged was $.83 a square foot, sl ightly over the $.82 a square toot (inclUding in-common utilities) allowed by Ordinance 23-1982. Memo to Colette Penne October 21, 1982 Page Two 'l'he next question is whether tnat fact alone proves that the sup- ply of low and moderate income housing is not reduced? I think it probably does. Section 2u-22 provides that it is prima facie evidence that the supply is being reduced if the units were rented within the guide- lines. The implication is that rental of the units above the guidelines is evidence of no reduction in supply. Further, the ordinance appears to require proof that the supply of only low ano moderate housing is not reduced. Since the Little Victorians historically nave rented above the middle-income guidelines, there appears to be a good margin of safety. '1'0 conclude, in my oplnion the rental history, if correct, COM- plies with 20-22 requirement of showing that the supply of low and moderate housing is not reduced. Of course, the Council has the sole and absolute discretion to make that decision based, aMong other things, on the criteria outlined in 20-22 and the rental history presumption. GSE/m..: MEMORANDUM I I , ,.~ .....,"< TO: Aspen Planning and Zoning Commission FROM: Colette Penne, Planning Office RE: Little Victorians Subdivision Exception - Condominiumization DATE: October 19, 1982 Location: 634 Main Street. Zoning: 0 - Office Applicant's Request: Exception from subdivision for the purpose of condominiumization of the eight residential units in the building at 634 Main Street, known as the Little Victorian Apartments. Referral Comments: Building Department An inspection was perfnrmed on October 14, but did not include an electrical inspection. The electrical inspection is scheduled for October 15 and all comments will be available at the Tuesday, October 19 Planning and Zoning meeting. Planning Office Reyiew: The requirements of Section 20-22 are that existing tenants shall be given notice that the units will be offered for sale and that they have fi rst ri ght of refusa 1. Thi s offer has been made and every tenant has declined to purchase. The longest tenancy remaining ends July 1, 1983 and the applicant has committed to honor all the leases eyen though the lease provision provides that upon sale the landlord could terminate the tenancy with 30 days' notice. The units haye all rented outside the income guidelines for rental employee units. The middle income category (which is the top category) sets rental price at 82~ per square foot. The lowest price any of these units has rented for in the past 18 months was 87~ per square foot, except for Unit 5 which has rented for 83~ per square foot since June, 1979. Units 7 and 8 haye been occupied by the owners. The units will be restricted to six-month minimum leases with no more than two shorter tenancies per year. . Planning Office Recommenda t ion: The Planning Office recommends approval of the subdivision exception for the purpose of condominiumization of the Little Victorian Apartments at 634 W. Main Street with the following conditions: " lohl32~ 1. ImproY:me~ts necessary t? the b~ildin~tfro~""tb,~ r~s~~s~9f,o/t?/3.? L\,~, the BUlldlng Department lnspectlons~mu~t be made prIor to ~ot ~C.L the sale of any unit. t' ' & ~ The units will be restricted to six-month minimum leases with no more than two shorter tenancies per year. X 3.A ~-\-~~,-,,:.:j" 0-\ -f'x~fsh"""r:-\'7;,,,,,,~l\.Q--h...(\. ~i ~bd.\"j\s\o>'" Dn<:.j;L~ .c,r~~ u-u-rP'b,::L"'\....t? I " \. .,{., .i.a)~uP--~'~kh'';y'\t~+/j''f-''''I'ilC.{:;\__ ~-fO-"',""f.""""-..t.J1.o-1tlO- 10.;-"... Q.<L. ~c...~tc.<:~ "jt.\'\t)r1<'~'\.;... . offrD"oJ~.J ~(:r\t~ C;-o- 71ijorY"~l \ 2. Ot-P\~ljo.VI~i:.- ("01~l,, ~~, 2-0-.22-(0.').. (6). F~~\~~;s J I, ik<L. elect cA\.::+ic~Y'\ ~.' Lei; / ;-({ c..osL (;t> ... I ' ,( / c;/ '1 f J I - If' (I . ' .,1 , /,...---r - . $), ~Dl.,C\-.L_. I,....;::,. ':-"'eJ ,i ti _~.J 1..'0. " ",",-I 'i"- ()':'/, I 1-.. I I _.. I.' . I I _ .\, _, . r 'f _ _ . I t. /,", ",."..-"" ! "-,/ GA..Rf I I I I / MEMORANDUM i I , I I TO: /City Attorney I City Engineering I PLANNER: Colette Penne RE: Little Victorians Condominiums - Subdivision Exception DATE: September 10, 1982 The attached application requests condominiumization of the Little Victorian Apartments located at 634 Main Street. The item has been scheduled to go before the City Planning and Zoning Commission ~n Tuesday, October 19, 1982, s turn any referral comments to Colette at the Planning Office b rl ay, October Thanking you. I " (l,e: l.u"r't -tl5ti.T i\ ~L l-tAA-r- ~-,---- N ~1:.0 IU)~ ~ '?l!b:)NJ _ g.,,-,L2JD-'0L--- \ u1 rvJ G ~0M~ y-('C;. K'\liD (. 'V1""~.e> (..., ~ IU----C- ~ ~J2.---t - <:: AJVl-~ -rt1> st\~ "\ W<;. ~\-., ( I ~ -ct\\\\.\- ~ <:?'B ~ ~,,~y I . {'GI flA1/~ . .-::ik QlJ'~ .,.. ~ ~ ,..-- J "-. ~V .z:.,,;t/ \ t\l-tlv- { / "".,,-- ERIN FERNANDEZ HAZEN Attorney at Law 216 S. Monarch Suite 203 Aspen, Colorado 81611 13031 925-9577 ,c .', '. I A~r-. ".... D""" 'i ".. ,", ... : .~,... --Jr;-j~~, - .._ ." 0,... . r . i' ....1',-- ~ I~"r -.~- I.. t 'I.. 1'*./"';' ' . I'" ,.' """-':.1~::'f<!.'~'I-' I" '. _.. , J ':' 't, . \: ,~ iif.,r; 13 7.98":/ I ~ ~'I '1.:.:....,.,...J .......~ ,'I _J" / iJ, . / __~~J Pi..>':."a'o.!~.".'r: .t:..~'/ Co "- "I.., 0FFiCf " I ~ r' "'. J\u~ust 11, 1982 Mr. Alan Richardson City ~lanning Office 130 S. Galena Street Aspen, Colorado 81611 :RE: AppU.cation for Exemption from Subdivision for Condominiumization o~ the Little v1ctor~an COndominiums a/k/a Little Victorian Apartments, a/k/a 634 Main Street, Aspen, CO Dear Mr. Richardson: Michael Horn, Allison Olshan Horn and Burt Olshan are tenants in common of the above-described Little Victorian Apartments. Michael Horn owns and undivided 33-1/3% interest; Allison Olshan Horn owns an undivided 16-2/3% interest, and Burt Olshan owns an undivided 50% interest. The Little Victorian Apartment are comprised of 8 apartment units. Unit 7 is occupied by Michael Horn and Unit 8 is occupied by Allison Olshan Horn. The dissolution of marriage between Michael and Allison is scheduled for final hearing on September 3, 1982. The rental history for the remaining 6 units is as follows: Unit Tenant Rent Per Rent Dates Sq. foot 1 Hadrath .87 $305 7/20/80-6/1/81 Mellon .90 $315 6/1/81 to date 2 Neill .83 $290 10/15/79 to date 3 Chesney 1.43 $500 12/15/81-4/3/82 Dean 1.14 $400 4/3/82 to date 4 Somel;o .87 $322 5/1/79 to date (this rent includes a credit of $64 a month for 8 hours of maintenance work at $8.00 per hour} 5 KladelC .83 $292 6/1/79 to date (this rent includes a credit of 1.5 hours a month for maintenance work at $8.00 per hour} Alan Richardson Page Two August 11, 1982 .... "....... -'^", '.......# -.' 0' Unit Tenant ~ent l?er Sq. foot Rent: Dates 6 Hasell Haggert 1.71 1.21 $600 $422 11/7/81-4/7/82 7/1/82 to date 7 Previously occupied as a vacation residence by Burt Olshan until February 23, 1982. Presently occupied by Michael Horn. l?reviously occupied by Michael and Allison Horn as ,a marital residence until February 23, 1982. Presently occupied by Allison Horn. 8 The square feet each. feet. Unit footage of units 1, 2,3, 5 and 6 is 350 square Unit 4 has 366 square feet. Unit 7 is 532 square 8 is 1064 square feet. The rental price for the last 18 months is reflected in the column marked rental price per square foot. Thus, approval will not reduce the supply of low, moderate and middle income housing as defined by the PMH guidelines to be $ .82 or less per square foot. There will be no tenant displacement as a result of the conversion to condominium ownership as the longest tenancy ends July 1, 1983 and any sale will be subject to all the leases even though the lease provision provides that upon sale the landlord can terminate the tenancy after 30 days notice. . Each respective unit has been offered to the occupying tenant and every tenant has declined to purchase at the offering price of $105,000.00. No tenant has been required to move involuntarily within the preceding 18 months prior to application. All units shall be restricted to six-month minimum leases and no more than two shorter tenancies per year upon conversion, as required by City Ordinance. The $475.00 application fee is enclosed. l?lease advise us as to any information needed for the approval of this condominiumization. We should also set up an appointment at your convenience to discuss this application before the date of the initial presentation to the Planning and Zoning Commission. Please let me know. Looking forward to hearing from you. EFH: jw ~ Erin "'" ......,...... " MEMORANDUM TO: Aspen Planning and Zoning Commission FROM: Colette i'enne, Planning uffice RE: Little Victorians Subdivision Exception - Condominiumization DATE: October 19, 1982 Location: 634 Main Street. Zoni ng: 0 - Offi ce 'Applicant's, Request: Exception from subdivision for "the purpose of condominiumization of the eight residential units in the building at 634 Main Street, known as the Little Victorian Apartments. Referra 1 Comments: Building Department Planning Review: ;,ct.fqil' . ~.4;t The units have all rented outside the income emp10vee units. The middle income category \'/ lC lS the top category) sets rental price at 82~ per square foot. The lowest price any of these units has rented fOl' in the past 18 months was 87~ per square foot, except for Unit 5 which has rented for 83~ per square foot since June, 1979. Units 7 and 8 have been occupied by the owners. - The units will be restricted to six-month minimum leases with no more than two shorter tenancies per year. Planning Office Recommendation: The Planning Office recommends approval of the subdivision exception for the purpose of condominiumization of the Little Victorian Apartments at 634 W. Main Street with the following conditions: Improvements necessary to the building from the results of the Building Department inspc,; ions must be made priol- to the sale of any u~t. (t,-(J.16tf$J.1t1S:>l~"""'~} The units will be restricted to six-month minimum leases with no more than tvlO shorter tenancies per year, (J 1. 2. z,-i't ... #~~y~. &,,4 ~ ASPEN/PITKIN PLANNING OFFICE 130 South Galena Street Aspen, Colorado 81611 (303) 925-2020 lAND USE APPLICATION FEES City 00113 . 63721 . 47331 . 52100 GMP/CONCEPTUAl 63722 . 47332 . 52100 GMP/PRElIMINARY 63723 . 47333 . 52100 GMP/FINAl 63724 .47341 . 52100 SUB/CONCEPTUAL 63725 . 47342 - 52100 SUB/PRELIMINARY 63726 . 47343 " 52100 SUB/FINAL I 63727 . 47350 . 52100 EXCEPT/EXEMPTION I 6372B . 47350 . 52100 REZONING I 63729 - 47360 . 52100 SPECIAL REVIEW SUB-TOTAL County 00113 ' 63711 .47331 . 52200 GMP/GENERAl 63712 . 47332 . 52200 GMP/PRELlMINARY 63713 . 47333 . 52200 GMP/FINAl 63714 .47341 . 52200 SUB/GENERAL 63715 . 47342 . 52200 SUB/DETAilED ~ 63716 - 47343 . 52200 SUB/FINAL 63717 - 47350 . 52200 SPECIAL REVIEW 63718 . 47350 . 52200 REZONING 63719 . 47360 . 52200 SPECIAL APPROVAL I SUB.TOTAl I PLANNING OFFICE SALES I 00113 - 63061 - 09100 . 52200 COUNTY CODE I 63063 . 09100 . 52200 ALMANAC I 63062 . 09100 "52300 GMP 63066 . 09100 . 52300 COPY FEES 63069 . 09100 OTHER SUB.TOT AL TOTAL -/Fz;o - BeY <.I, '::1<; _~, LJ.=>",>.",O J.~ ~>-- Name: C~_ '... J ~/..lJ..p.-__.. \ Address: -"J~ ~ ;'"y\ ('!l. t1 ~'" I,. ".'t .r.. . "'r-.~ _~ LJ.-c.~", Check No. ; n / "-, . Additional 8illing: Phone: Cj ~ 10 - q'5l~ Project: 1, J1:r'..2 ~ \1......~ !dr~ r~"""6 ~"h",\ ~(,"f'.d.,.),,, Date: '" I q I 1 ?.- No, of Hours: