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HomeMy WebLinkAboutcoa.lu.ec.Little Victorians Condominiums1982iLittle Victorians, Condominiums MEMORANDUM TO: Aspen City Council FROM: Colette Penne, Planning Office RE: Little Victorians Subdivision Exception - Condominiumization DATE: November 8 1982 APPROVED AS TO FORM: Location: 634 Main Street Zoning: 0 - Office v 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 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. C 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*PITKINI%EGIONAL BUILT 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 Street Aspen, Colorado B1611 303/925-5973 ASPEN*PITKIN4%EGIONAL BUILDI& DEPARTMENT MEMORANDUM TO: Colette Penne, Planner FROM: Jim Wilson, Fire Marshal- v " 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 (51b) 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 CITY OF ASPEN 130 south galena street aspen, colorado 81611 303-925-2020 MEMORANDUM DATE: October 21, 1982 TO: Colette Penne FROM: Gary Esary2§<_1_ 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 E Collette Penne Gary Esary City of Aspen 130 South Galena Street Aspen, Colorado 81611 ERIN FERNANDEZ HAZEN • Attorney at Law 215 S. Monarch Suite 203 Aspen, Colorado 81611 (303) 925-9577 October 26, 1982 Dear Ms. Penne and Mr. Esary: RECEIVE© DO AITORNEyfl RECEIVED " Q y 1982 CITY ATTORNEM OFFice RE: Little Victorian Condominiums 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. Sincerely, Erin Fernande2 azen i EFH:jw Enc. To: City of Aspen 130 S. Galena Street Aspen, Colorado 81611 r 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. -lax L Te an Unit No.__ To: City of Aspen 130 S. Galena Street Aspen, Colorado 81611 WAIVER OF OPTION TO PURCHASE A LITTLE. VICTORIA N 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. Tenant Unit No. 2---- To: City of Aspen 130 S. Galena Street Aspen, Colorado 81611 WAIVER OF OPTION TO PURCHASE A LITTLE VICTOI:IANI 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. 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 offerer? 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. 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 $105,000.00. I have declined said offer to purchase and option and do not wish to purchase said unit. Tenant Unit No. . . 1 0 • 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 $150,000.00. I have declined said offer to purchase and option and do not wish to purchase said unit. *enant Unit No. I ' '%�' 1 0'. 0 ':ZP i A'S 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 Street P.spen, Oolorado 01611 303/E:12C-X -56 s'::. I MEMORANDUM TO: Colette Penne, Planner FROM: Jim �9ilson, Fire Marshal. Vv 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 (51b) 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 ::r: rViiain Aspen, Colorado 81611 303/a25-89-73 E 0 MEMORANDUM TO: City Attorney City Engineering 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 on Tuesday, October 19, 1982, so please return any referral comments to Colette at the Planning Office by Friday, October 8. Thanking you. C MEMORANDUM TO: Building Department PLANNER: Colette Penne RE: Little Victorians Condominiums - Subdivision Exception DATE: 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. C • ERIN FERNANDEZ HAZEN • Attorney at Law 215 S. Monarch Suite 203 Aspen, Colorado 81611 (303) 925-9577 October 15, 1982 Collette Penny Planning and Zoning 130 S. Galena Aspen, Co. 81611 re: Little Victorian Condominiums Supplement to Application for exemption fray Subdivision Regulations Dear Ms. Penny; I reviewed my notes reflecting the rental of the Little Victorian Apartments and found that I had neglected to disclose the following two tenancies: Unit 3 was rented by Marcia Kraus for $345.00 per month from April, 1980 to December, 1981; Unit 6 was rented by John Wilson for $345.00 per month fran March, 1980 to Novanber, 1981. I trust that now you have all the informaticin required. If not, please call. Sincerely, Erin F. Hazen EFH/jw C� Mr. Alan Richardson City Planning Office 130 S. Galena Street Aspen, Colorado 81611 Dear Mr. Richardson: ERIN FERNANDEZ HAZEN • Attorney at Law 215 S. Monarch Suite 203 Aspen, Colorado 81611 (303) 925-9577 August 11, 1982 9.81 our AAs a ° fir. � �� I 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 Michael Horn, Allison Olshan Horn and Burt Olshan are tenants in common of the above -described Little Victorian Apartments. Michael Horn owns and undivided 33-1/3o interest; Allison Olshan Horn owns an undivided 16-2/3o 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 Somero .87 $322 5/l/79 to date (this rent includes a credit of $64 a month for 8 hours of maintenance work at $8.00 per hour) 5 Kladek .83 $292 6/l/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 Unit Tenant Rent Per Rent Dates Sq. foot 6 Hasell 1.71 $600 11/7/81-4/7/82 Haggert 1.21 $422 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 footage of units 1, 2, 3, 5 and 6 is 350 square feet each. Unit 4 has 366 square feet. Unit 7 is 532 square feet. Unit 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. 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. Sincere;Ly, Erin Fernan z Hazen EFH:jw 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. 0. 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 STEWART TITLE OF ASPEN, INC. BY Authorized Signature day of July A.D. 19 82 at 8:00 am • 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. V y truly yours, Erin F. Hazen EFH:jw 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 tnat 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.id.C. I agree. At that point, however, the P&Z' raised a question we were not pre- pared to heal 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. Witn respect to utilities in employee housing, the only guidance is provided by Ordinance 23- 1982. That ordinance provides, in setting riaximum rental rates for employee nousing, that if the utilities are provided in conmion (and not separately metereu), then utilities costs must be addeu into the rental rate. This provision is obviously intended to pronibit landlords from charging rento 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 tnis analysis, the applicant's representations as to square footage and 18-Dionth rentals charged and your calculations, the lowHst rent cnarged was $.83 a square foot, slightly over the $.82 a square Loot (including in -common utilities) allowed by Ordinance 23-19u2. ti • 0 Memo to Colette Perne October 21, 1982 Page Two Tne next cuestion is whether that tact alone proves that the ,;ui)- ply of low and moderate incone housing is not reduced? I thinx 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 re6 uced. Since the Little Victorians historically nave rented above the middle -income guidelines, there appears to be a good wargin of safety. To concluae, in my opinion the rental history, if correct, com- plies with 2U-22 requirement of showing that the supply oi: low and moderate "ousina is not reduced. Of course, tale Council teas the sole and absolute discretion to make that decision based, among other tnin4s, on the criteria outlined in 2U-22 and the rental history presumption. vst,/roc 0. 0 MEMORANDUM 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 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 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 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. 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 82t per square foot. The lowest price any of these units has rented for in the past 18 months was 87t 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 the Building Department inspections'mI t be`made the sale of any unit. results of ' pri br "to :6.ft% ,Y. The units will be restricted to six-month minimum leases with no more than two shorter tenancies per year. (1 ���-C - I.t. `v . � -�. � d� ,-,A, c� I J is l C, r-O Q.2 y� `� G. ,u i f� o �� �P 01 1-1 vim.-� o �• ...1 , t i•, ! a i (� , kj G_ti c. r. t �. ... ; t� , I o. .2.2 lO� 1 ��0, Prot r�f�► .q • 4�� 1'• . .0 '., ♦; �� .. t-. •� -.r lj..a!_/f 0-N :ll •�l-�.'.. �_ =�.n ��ei. �.C•. �.. j-/i-/..., -%(r.. .. TO: PLANNER: RE: DATE: MEMORANDUM City Attorney City Engineering Colette Penne 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--Rlea-&turn any referral comments to Colette at the Planning Office b ri ay, October Thanking you. ERIN FERNANDEZ HAZEN • • -� Attorney at Law � ; 4 215 S. Monarch Suite 203 '! r J��' '1 r Aspen, Colorado 81611 (303) 925-9577 August 11, 1982 Mr. Alan Richardson City Planning Office 130 S. Galena Street Aspen, Colorado 81611 RE: Application for Exemption from Subdivision for Condominiumization o`er t_vhe 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 33-1/3o interest; Allison Olshan Horn owns an undivided 16-2/3o 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/l/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 Somei;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 hourl 5 Kladek .83 $292 6/l/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 Unit Tenant Rent Per Rent Dates Sq. foot 6 Hasell 1.71 $600 11/7/81-4/7/82 Haggert 1.21 $422 7/l/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 footage of units 1, 2, 3, 5 and 6 is 350 square feet each. Unit 4 has 366 square feet. Unit 7 is 532 square feet. Unit 8 is 1064 square feet. The rental price for the last 18 months is reflected in the column marked rental rice p 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. Sincerely, EFH:jw Erin Fernan z Hazen i MEMORANDUM 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 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. Aar. A`_ Planning Office Review: The requirements of Section 20-22 are tha existing tenants shall be given notice that the units will be o ered for sale and that they have first right of refiical_ Thjs 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 t e Ana oTecould 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 L, 'category) sets rental price at 82� per square foot. The lowest M`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� /l►� 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 prior to the sale of any unit. 0 t.'rtelos-04.s&Ffanoes 2. The units will be restricted to six-month minimum leases with no more than two shorter tenancies per year. 3 PLO- c • ASPEN/PITKIN PLANNING OFFICE • 130 South Galena Street Aspen, Colorado 81611 (303) 925-2020 LAND USE APPLICATION FEES City 00113 - 63721 47331 52100 63722 47332 52100 63723 47333 52100 63724 47341 52100 63725 47342 52100 63726 47343 52100 63727 47350 52100 63728 47350 52100 63729 47360 52100 County 00113 - 63711 • 47331 - 52200 63712 47332 52200 63713 47333 52200 63714 47341 52200 63715 47342 52200 63716 47343 52200 63717 47350 52200 63718 47350 52200 63719 47360 52200 PLANNING OFFICE SALES 00113 - 63061 - 09100 52200 63063 09100 52200 63062 09100 52300 63066 09100 52300 63069 09100 Name: - Address Check No. Additional Billing: GMP/CONCEPTUAL GMP/PRELIMINARY GMP/FINAL SUB/CONCEPTUAL SUB/PRELIMINARY SUB/FINAL EXCEPT/EXEMPTION REZONING SPECIAL REVIEW SUB -TOTAL 7 GMP/GENERAL GMP/PRELIMINARY GMP/FINAL SUB/GENERAL SUB/O ETAI LED SUB/FINAL SPECIAL REVIEW REZONING SPECIAL APPROVAL SUB -TOTAL COUNTY CODE ALMANAC GMP COPY FEES OTHER SUB -TOTAL TOTAL Phone: Project: Date: No. of Hours: NO-T^KY SEPAL SURvPc-Ycxz 5E.AL NORTH SCALE: %" = I.O' OWNERS CERTIFICATE MIGf A HOR1-4, fly Oµ/NEK Cf= LOT5 K, - L 24, CITY AND lOWN51Tf= OF PITKIN COUNTY C.OLrOKAiXQ, HE:REBY CEiZJFIE5 Tfi` 7;415 W�P OE THE LITTLE YICTOtKAN CGHrOMIN(UMS HA5 PEEN PV,EI'�r PURSUANT 7D THE MKFC5E5 5T^--Tf✓P III T+-IE CONt OMINILM rECLAKATIGN MK 7I4E LITTLE VIC70fz1AN CO"70MINIUMS AHD RE.CDFDEP IN COOK AT P6-GE OP" TPE- RffCOKf75 OF 1'ITK.IN CC:UNTY, COLCK.,'�. MIGH,/ EL 1-10KN 5T^-TE CIE COLD ^Do ) COUNTY OF PITKJN ) 5.5. THC FOK)✓C-�OIf -pC0 BEFOfZE ME THIS UAY OF I�t82, fSY MICE-iAEL HOfKN, WJTHE55 MY HfWD AND OFF rI^L 51=AL; MY COMMIssICN 1=XYIFF NOTAKY 1'U5L IC SURVEYOR'S CERTIFICATE 1, JA,MtS F PE0Ef�, A KEGI5Tffll LAND SURVI YOIz HEKEBY CERT1l=Y TNAT THI5 M/,f- lW /\CTU/�L I'IELD SURVEY PEKFCli UNDER. MY 1DIRI✓G710H /WD 5UI ERVISION ON I,5I9)2, OF LOTS K AND L., 1-,LOCK- 24, GITY ANP TOWN5ITE OFAtrEN, t'1TKIN CDL)NTY, Ca-,C�, At-v -I - T 7T-t TWO 57C1Z`f WCOIV ♦=FAME 15UILDING WA.5 1=CUND TO ICE LOB -TEP ENTII?ZLY VYITPiIN Thf. f IP"RY LINES OF SHIP LETS A5 --TOWN t1EREON, TFE LCCAMO-A ANp OF 7tlE Ir^K-( LINES I lMLPINC�S IMF?ZC MENTD, EASEMENT-D ANV WC#TfS-0E-WAY IN EVIDEI-CE CI- K-fK) `I l0 ME, IA1 1ZG�"CHMEN75 13Y CfZ qV Tf� PKEJr115i~S AfZi✓ 1AC-C.UKATF-LY SNOWN ON T�i15 MlV' /WD SHE Mf+f� ACCUfKfA7ELY PND 5U135 AtV TIALLY MPICT5 THE LOCATION At-V -Ci-fE HO KIZONFAL ?4-4p Yt tKT(CA - MEASL1Zf cNTS 0- TH>E 1'�JILDING - 1r CCNDOMINIUM UN175 T"ERtf IN/ 71iif UNfC T�IC-�t�TIC � THEREOF (.X N>EfZ THE INSTIFVCTIONO FRICV[P=,p ME I-')f-ff-(E. OWNER, THE OIMENSIbNS OF ,--I�1f7 UNITS A"O THE" E-LEV^-flCtn Off THE FLCX /,I V CEILING. JAMff-fD 1= I-,ffSffZ, L.S TO-� PLANNING & ZONING COMMISSION APPROVAL THIS CON17 tUAINIUN MAY Ctr THE LITTLE VICTORIAN C_CflrCMINIUNS WAS APf't CVFE:P tom( TI-tE CITY OF rL^N-ANIW& 6 ZCNRWr,, CCMM15t?CH 7115 PAY 01 _ _ Ig82. G W`U f2MA1� CITY ENGINEERS APPROVAL THI5 C0NrCMINIUM VUW OF Tf--II= LITTLE 1y1CTOfCIAN CON(OMINIUM5 W/S 15Y THE CITY EN61NEE9 O THE CITY o1= ASPEN, COLOF�-�/ 7Hff) DhY OF , 1�f82. CITY ��INEErZ CITY OF ASPEN APPROVAL TNIS ClSht2OM(NIUM MN'CFTHE LITTLE V(CTCK(^N CONOCMINIUMS WA5 M KO✓Eb tom' -THE CITY CCt -40L. C:F -THE CITY C1F AtMN, CCJ OKAfX�, -7H(5 VAY OF Ig82 K^-THKYN KOCH, CITY CLI-RI<- t1EKWIAN ffpEL MAYOiZ CLERK & RECORDER'S CERTIFICATE T-f15 ClONDOMIMIUM NV{P CV THf- LITTLr- VICiCKLlN C,ONrX "fINIUMS W/`l� /,CCF-rTE�? MF- FILING IN THE C>l-FICE Off 7f-F- CLEK< E ;ZECC12DElZ OF PITKIN CCXJN-TY, CGL.OKA ^T O'CLOCK, M., 7f41 S . !'JAY Cr Il e)Z, AND WA5 2JLY FI L f fP IN ffC0<- , AT PRC-E , tzi=GEr-TION N° f ITKIN COUNTY CLEKIK f tZ> L OfZt�EIZ. v� n n ri�'M ^ inn W 65) Al OI` "1101.E f= F-EF5AK INf MA. CAP, L.5 I118A FOUND: FEtt AK W/15. rLk. CAP, L.'S AV q16 i- 5HEV E7�lC -C111C11E'-1) 2.1' t =T REzyir w/r1A. CAP, L5.Q194 LITTLE VICTORIAN CONDOMINIUMS LOTJ K, 6 L, C)L.00K. 241 CITY f{ND TOWNSI7E OF ASPEN, 1-17KIN COUNT (, GO'_C'V S . NOTICE. Accordidg to Colorado law you must commence any legal action Surveyed n - It)! . -b2- n.. Revisions based upon any defect in this survey within six years after you first discover Alpine Surveys Drafted such defect. in no event may anyaction based upon anydefect in this survey be commenced more than ten years from the date of the certification shown Post Office Box 1730 hereon. Aspen, Colorado 81611 303 925 2688 Title CONDONM NIUM MIT 5t-tEET ONE Off TWO I Job No 52-f06 Client HUfzN K&E 19 1154 5-90 Mc99N SECOND FLOOR FIRST FLOOR Surveved n . zn - 52 5 N. Revisions Title CONDOM NIUM MAi NOTICE. According to Colorado law you must commence any legal action Alpine `IUI VeyS based upon any defect in this survey within six years after you first discover Drafted �2 �.R. such defect. In no event may any action based upon any defect in this survey be commenced more than ten years from the date of the certification shown Post Office Box 1730 hereon. Aspen, Colorado 81611 303 925 2688 5f1Ef=T Z CT 2 Job No 62 - lOb Client I-fOfeN