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Home My WebLink Aboutcoa.lu.ec.Lots Q-S/Blk 25.77-80 r 1'/€..- No. 77-c;;t) CASELOAD SUMMARY SHEET City of Aspen 1. DATE SUBt1ITTED: l~i2J~ 2. APPLICANT: ~ OIJ ~W\ STAFF: !JIM R1ChtNK\ 3. REPRESENTATIVE: GI~ ~u.flY'-aY\ ~?,c;-fl&(" . . 4. PROJECT NAME:~t1d~ ~UbdIWIOh 6.cl~I/JYl 5. LOCATION: (<<NY of 5fh ard ~kir\$ (LPfc, QJ R I'fS I Block- ZC)",.(dy flrd (mvYtSIk- of ~sF~V'.) 6. TYPE OF APPLICATION: Rezoning P.U.D. Special Review Growth Management HPC (C6H{~ln'ltiM\'lPdl~ ~SUbdivision ~ExcePti on Exemption 70:30 Residential Bonus ____Stream Margin 8040 Greenline View Plane Conditional Use ____Other 7. REFERRALS: X-Attorney ~En9ineerin9 Dept. ~Housin9 Water ____City Electric Sanitation District ____School District Fire Marshal ____Rocky Mtn; Nat. Gas Parks ____State Highway Dept. Holy Cross Electric ____Other Mountain Bell 8. REVIEW REQUIREMENTS: 9. DISPOSITION: P & Z~ APproved~ Deni ed . Date ~l..-o\'6 \ -1. Revision of the condominium plat prior to review by City Council to meet the specifications of the Engineering Department; -2. The applicant agreeing to construct curb, gutter and sidewalk on both Hopkins Avenue and Fifth Street or providing a covenant for each unit indicating their agreement to join an improvement district if one is formed; 3 ,-0,- '''\-', " . (l.. The applicant mft~iR~ the requirement that existing tenants have a ninety-day option to purchase their unit and a right of first refusal of purchase offer; 4. The app 1 i cant meeti ng the requi rement of six-month minimum leases; ~5:--The applicant providing evidence that tenants have not been required to move. involuntarily within the preceding eighteen months; and 6. The applicant filing a deed restriction for:..five years 1 imiti ng rental of the identified unit \IHllin the Ill! ElEIl t f "'"'>f. " i?-,,- \; " \ \I. 'J." 0 fi'-'L ."... D at. (ll-...." I\. ~ ~~ "I\'c~~'; \~~'^*" "'l L ( ~'l Co.'" J ,. ~'- ~q(A\" -\ ~ -\<> ~o' "". ~i~ ~ ~~ '~\"..w '''>~-L ,~. ^'~. vO, € \ . \.....z .... \ G\--- '-0 1.. q^-"., ,. \ Counci 1 -I Approved ../ Denied Date ;l. \ q \ ~ \ \. ~L. "~f\\.l "'~ l\V.J..-tA~ -\.0 (..D,^-,\VV..q~ .. ,~""\\L 0 ~ \\o~""~< l\v~~ A.cL \0 ~ "".J..L Ii. Vl~"~ 'fa!\. ~ ...~~-I. \~........\,:). ~I\. "t'''.. .-* \.<> ~Q'~ .. - \ ~~ Ml~ 9v,,\-~ I,.. Lo~. t.......J Wv..,o. ~ <,4 OA ~f"-'''''' !\~I\.v9- ..-9....,,,,,\'1-\ ~....v& "J;l.u... Q~t'f6\. ~\~ ,~ <;,^J" A ~'\~~ l~ r,9~ 1.. Lov-!,to~,> ~...~\-\ 1\0 fl.JJ..., lI,'>. w~~ ~o-Je. ~, ~. Il.'(l fit, cAd: ~\<;\~ ~ ~_""~_ f~A.~ fl2..'O~ {" cr,...J. ~j.".,\c~~ ~ ........C-t.-\ ~ VeA....~t S~'('lCA+'Q"\~ Qr~(.l'~ ~I\~~\~ \"'e-U u.'>oU,o~ o~ GL....v..<;......... c.o....'-'-(/.~\\ G4.. O'clt.-~\r..--r 0 "- ~ ~O\"'\"l f~9(UAo~ lLo",,,," 0_ ~ ~ IM./lc'f' 10. ROUTING: ~ttorney ~Uilding ~ngineering ./ Other k---) r I I ! CITY OF ASPEN .. fitl~ ,. }. , ~ .......- \. ~. "'"S'~1\ ~,y\....,,, 0.'" o. ,.. \a...1e ,.0( "".0\ tS' C. "'s.h~~ .0..... "\.". \".0 o .'\~ 'It". (,,'. o .co, "\,.IUl ..10'1 1t~C "lull'\.. i .. '1- ~ "...\ 1 "...~ 'fs '\-1 't.. I).. " "...\ '\ O\ll"'C .... Oc.C .....' - ....~,,' ",.~.. 1-\0 0.1.1 , Go..... it \ h.C.' \.... .~J, _.9-. . os , ~...~ . ~" .'l i"f'1 J ~1 ~'l J . '" " ,- 't u.. \ L.cJ "'" 14..;.:t ~. ~ t~"".~~ k.~\L:l 1M-\- ''r --...4.\ 0,.. w\c,,"? 4),\CL "''' '-.\- - ""'A"~_ (,\..,,\c.-\ \"l\-a. ') t.. & "~".A.. ~~ c...~_......." .,~... ~.",c.'''''' A'-\\ f_- "A...!.."'... (.~... k...\-\ 4-'-W... ~". e ~ ^"..~ "f~^'\ ~ M- ~.."j. ....\--:l~ ,.... ...\\.., ,,~ -.A,\ At. l&~"U..j. . \.o.~\ V....-\t. \Ol,<<. \,~.. . ,..t.. c....t,~.:- . MEMORANDUM TO: Bob Edmondson, Acting City Attorney Dan McArthur, City Engineer Jim Reents, City Housing Director FROM: Alan Richman, Planning Office RE: Madsen Subdivision Exception (Condorniniumization) DATE: December 15, 1980 Yes, that's right! The attached application requests exception from full subdivision regulations for the purpose of condominiumizing a nine-unit, multi-family structure. This item is scheduled for review by the Aspen Planning and Zoning Commission on January 20, 1981; please get any comments or recommendations to me by January 7, 1981. if'^";'" ..... 130 s MEMORANDUM DATE: January 12, 1981 TO: Alan Richman, Planning Office FROM: Bob Edmondson, Acting City Attorney RE: Madsen Subdivision Exception (Condominiumization) The applicant must comply with all the requirements of Sec. 20-22: 1. The purchase rights of the tenants. 2. 6-month minimum leases. 3. Minimal tenant displacement. 4. No involuntary displacement within the previous 18 months. 5. If, within the previous 18 months, any of the units have historically rented for terms in excess of one month periods at a price within the current guidelines for low, moderate and middle income housing. RBE:mc \ ~ - '" ~.' ", ........ MEMORANDUM TO: Aspen City Council FROM: Alan Richman, Planning Office RE: Madsen Subdivision Exception (condominiumization) APPROVED AS TO FORM: ~~ DATE: February 3, 1981 Zoning: R-6 Res i denti a 1 Location: Lots Q, Rand S, Block 25, City and Townsite of Aspen (Hopkins Avenue at the corner of Fifth Street) 9000 square feet This application is for subdivision exception for purposes of condominiumizing an existing nine unit residential complex. The applicant requests waiver of conceptual plan approval by City Council and final plat,approval by P & Z under the provisions of Section 20-19 of the Municipal Code. In their memorandum dated December 23, 1980, attached for your review, the following comments are offered: 1. The condominium plat should be revised to include omitted information and correct mistakes identified by the reviewing engineer. Lot Size: Applicant Request: Engineering Department Comments: 2. The developer should construct curb, gutter and sidewalk on both Hopkins Avenue and Fifth Street or provide a covenant for each unit to insure that they will join an improvement district if one is formed. 3. The development should provide 3 additional parking spaces since it has only six off-street parking spaces for the nine unitso Attorney's Cornnents: In his memorandum dated January 12,1981, the Acting City Attorney directs the Planning Office to investigate whether the applicant has met the following requirements of Section 20-22 of the Municipal Code: 1. That existing tenants shall have a ninety-day option to purchase their unit at the preliminary market value and a right of first refusal of purchase offer; 2. That all units shall be restricted to six-month minimum leases with no more than two s'horter tenancies per year; 3. That there will be minimal tenant displacement as a result of the condominiumization; Housing Director's Comments: 4. That tenants have not been required to move involuntarily within the preceding eighteen months; and 50 That if any units in the development have rented in the previous eighteen months at a price within the current guidelines for low, moderate and middle income housing that they will continue to be available as part of this supply following the condominiumization. Verbal comments from the Housing Director indicate that he recommends approval of the applicant's request subject to the filing of a deed restriction for five years limiting rental of the identified unit as a middle income rental unit. , " .-... -~,"." -,>C.... / MEMO: Madsen Subdivision Exception (condominiumization) Page Two February 3, 1981 Planning Office Review: Planning Office Recommendation: P & Z Action: As a nine unit residential development in the R-6 zone, this is a nonconforming structure. There is no provision in the Code preventing condominiumization of a nonconforming structure. Additional Planning Office analysis indicates that none of the rental units have rented for prices within the low, moderate or middle income housing guidelines within the previous eighteen months. Finally, since this applica- tion is for condominiumization of an existing structure, there is no provision in the Code to require that any additional parking spaces be placed on the site. The Planning Office recommends approval of the applicant's request for subdivision exception for purposes of condomiumi- zation subject to the following conditions: 1, Revision of the condominium plat prior to review by City Council to meet the specifications of the Engineering Department; 2, The applicant agreeing to construct curb, gutter and sidewalk on both Hopkins Avenue and Fifth Street or providing a covenant for each unit indicating their agreement to join an improvement district if one is formed; 3. The applicant complying with the requirement that existing tenants have a ninety-day option to purchase their unit and a right of first refusal of purchase offer; 4. The applicant meeting the requirement of six-month minimum leases; 5. The applicant providing evidence that tenants have not been required to move involuntarily within the preceding eighteen months; and 6. The applicant filing a deed restriction for five years limiting rental of the identified unit within the middle income housing price guidelines, as adjusted through yearly price changes by City Council. At its regular meeting on January 20, 1981, the Aspen Planning and Zoning Commission recommended approval of the request for subdivision exception for the Madsen Chalet. P & Z concurred with the first five conditions recommended by the Planning Office, as indicated above. P & Z revised the sixth condition to read as follows: liThe app 1 i cant fil i ng a deed restri cti on for fi ve years limiting the rental of the identified unit to the present rent of $240 per month, plus annual price adjustments by City Council.~ Finally, P & Z added a seventh condition t~ the approval, to read as follows: liThe app 1 i cant agreei ng to undergo a health and safety inspection of the property to insure minimum compliance with code provi s ions. 11 In response to these conditions, the applicant has submitted a revised condominium plat which meets the specifications of the Engineering Department and has submitted a 1etter indicating that tenants have not been required to move involuntarily within the preceding eighteen months. - - MEMO: Madsen Subdivision Page Three February 3, 1981 Exception (condominiumization) Council Action: Should Council concur with the Planning Office and P & Z's recommendation, the appropriate motion is as follows: "I move to except the Madsen Chalet from full compliance with the subdivision regulations for purposes of condominiumi- zation subject to the following conditions: l~ The applicant agreeing to construct curb, gutter and sidewalk on both Hopkins Avenue and Fifth Street or providing a covenant for each unit indicating their agreement to join an improvement district if one is formed; 2. The applicant complying with the requirement that existing tenants have a ninety-day option to purchase their unit and a right of first refusal of purchase offer; 3. The applicant meeting the requirement of six-month minimum leases; 4. The applicant filing a deed restriction for five years limiting the rental of the identified unit to the present rent of $240 per month, plus annual price adjustments by City Council; and 5. The applicant agreeing to undergo a health and safety inspection of the property to insure minimum compliance with code provisions." .r'''- /"'" ~ . LAW OFFICES GIDEON I. KAUFMAN BOX,OOO, 6" WEST MAIN STREET ASPEN. COLORADO 8'6' , GIDEON l. KAUFMAN DAVID G. EISENSTEIN December 1, 1980 TELEPHONE AREA CODE 303 92S-8166 Mr. Sunny Vann City of Aspen Planning Office 130 South Galena Street Aspen, Colorado 81611 Re: Madsen Condominiumization Dear Sunny, This letter addresses the Ordinance 39 aspects of the Madsen condominiumization application. There are nine (9) units within this application. Units 1, 2, 3 and 4 each contain 376 square feet. Units 5 and 6 each contain 523 square feet. Unit 7 contains 320 square feet and Unit 8 contains 410 square feet. The following rents have been charged on these units. Units 1-4 rent for $375.00 per month. Prior to September 1 they rented for $295.00 per month. The present rent, as well as the past rent, are well outside the low, moderate-middle income guidelines. Units 5 and 6 rent for $450.00 per month. Prior to September 1 they rented for $360.00 per month. These units also exceed the low, moderate- middle income guidelines. Unit 7 presently rents for $240.00 per month. Previously it rented for $225.00 per month which is close to the low, moderate-middle income guidelines and the Madsens are willing to rent restrict that unit for five (5) years. Unit 8 rents for $380.00 per month and previously rented for $300.00 per month. These figures all exceed the low, moderate-middle income guidelines. ~ Sunny Vann December 1, 1980 Page Two The ninth unit in the condominiumization is the Madsen residence. It has been the family residence for more than ten (10) years and has three (3) bedrooms and one (1) bath. Because of the owner occupancy nature of it, this unit falls outside the purview of Ordinance 39. If you need any additional information, please feel free to contact me. Very truly yours, ~I Gideon Kau GK kw ,... ''"''''''"'. ...........' APPLICATION FOR EXCEPTION FROM SUBDIVISION REGULATIONS Request is hereby made on behalf of George Madsen and Martha Madsen, (hereinafter cOllectively referred to as "applicant") under 520-19 (a) of the City of Aspen, Colorado, subdivision regulations for approval through the subdivision exception process of applicant's plan for condominiumization with respect to real property described as: Lots Q, Rand S, Block 25, City and Townsite of Aspen City of Aspen, pitkin County, Colorado An exception in this case would be appropriate. The application involves subdivision of an existing structure. Requiring strict compliance with subdivision regulations for the subdivision of a lot with a nine-plex on it creates conditions which will deprive the applicant of reasonable use of land. If this exception application is granted, owners of the property will have a common interest in the land; and there will be either a condominium declaration or use and occupancy agreement applicable to the property which will not in any way increase the land use impact of the property. An exception in this case will not conflict with the intent and purpose of the subdivision regulations which are directed to assist the orderly, efficient and integrated development of the City of Aspen, to ensure the proper distribution of population, to coordinate the need for public services and to encourage well planned subdivisions. - -.. - ,." 4"'""'. ,,--.,. The granting of this application will not undermine the intent of the subdivision regulations, as it is clearly within the area intended for exception under S20-l9. The building is already in existence, and there will be no change in density, which is presently in line with the desired population density for the property. A follow-up letter addressing the Ordinance 39 aspects of this application will follow. The applicant would appreciate your consideration of this application at your next regular meeting. ~ , Dated: November 70 , 1980. LAW OFFICES OF GIDEON KAUFMAN By Gi:l&u& Attorney for Applicant 611 West Main Street Aspen, Colorado 81611 (303) 925-8166 - 2 - ,H-'I. '" J .... '- a.. ,",U' ~ ..) ._- .; 1 .- "~,ml <2> C E: ~.._u::. (~ __" --c--,"Jdj' r I C~.- i (, G f"! GC.E. GeE:.. ~ 0 0 0 Q ? ~ 2 . 2 ~ '- II .' PARKI:--JG ..J~ ')3 , , --.-.,-- - .--'--' +.....-..... - -'--'---'--- I f ._-,) 0 , ",e ':>'H.E~\ I- (qpoo!:eq,r":") T Z al1J 35N',) - 8~ ',., E.,!'....rrR.t-,~J.cE: - .~ <9 ;~ ~ 11 ~}- ~ (~, c .E, c" C E. SJ \Ow ,,% ",;; . 4: 'J.> '" ~ ~ \__':~,-r , ., , ' ' , ,', .. -, ... ~', '...... : ~: 0 , , . '-- ~ u ':IT 0 \Z.a.,' 0 DECK ez ;., uI -- <f =,4 , "" ~ r I 2 S.,.OR'< wOOD -" a Xl ~AME wI BASEME.NT N I~_d.._ I .;0 20 o~ I DECK. ro 4~.3..""J vi 0- 2. 3 014 . -.... - - >: z c..e.e-. G Co, E, 0 N"""" \ \.. Go ___L- cr, III cr <t lJ . u ~ iH~ . (S,150CR'11"E. C10.00~) -I ,_",,0 D\lC~ -~.__.... WAiER o VALVe: ,\" \ w ~ __L-:-- :i 1 i) a '0 0 i-' 0 Q :f) tJ ~ ::r:;' 'O' \.L~ . <f ~ -~ , u.. '1 z ~ to ,- ~, '" 0C r: .9'84 + o / ----.----.-EoGE. -OF~ME.NT - __ ...___n_._______-"" ----/ , w HOPKINS AvE (.,~=') \Y 0 CI. 0 [\'I 0 "IT'1i I\YD A1 [JD 5:..AL.EI";::~' ~ct:j B E=~iE Mr. ',:,n uJ ~~~ [-~j :['~-1~ F_:~~~ F~- r HOPX'l'j'3 j:o.vE 0 \~'\ _. -, ~ ,'- 'J" 1----12 r-- '~'_ ;:, :-'-'.s7,-::=,";..:t-:--:-,:--"~:-~1g .-:.-r"). , . ~ i: ! ' < './' ~ J -to T, B_M. ---rc::\-~.;3e. -.,1"""- . ......... ;., / .~ CITY OF 'ASPEN , 130 s~uth galena street aspen, C 0 lor a d 0,,'81611 , "....... MEMORANDUM TO: Alan Richman, Planning Office ~ Louis Buettner, Engineering Departmen~ FROM: DATE: December 23, 1980 RE: Madsen Subdivision Exception After reviewing the application material and having made a site inspection, the Engineering Department has the following comments: 1. The condominium plat has numerous corrections and omissions. The omissions and cor~ections will be supplied by the Engineering Department to the person making correction upon their request. 2. 'The developer should construct curb, gutter, and sidewalk on both Hopkins Avenue and Fifth Street; or covenant each condominium unit to join an Improvement District not restricted to curb, gutter, and sidewalk. 3. This development has but six off-street parking spaces. Additional parking can be provided so as to eliminate cars from street parking. The Engineering Department recommends"approval of this subdivision exception with the condition that the final plat map and condominium declaration are approved by the Engineering Department prior to its being placed on Council's Agenda for final subdivision approval. " l'fo'" '- ",,\ I LAW OFFICES GIDEON I. KAUFMAN BOX 1 0001 6 1 1 WEST MAIN STREET ASPEN. COLORADO 8161' DAVID G. EISENSTEIN February 5, 1981 TELEPHONE AREA CODE 303 925~81 66 GIDEON I. KAUFMAN Alan Richman Aspen Planning Office 130 South Galena Street Aspen, Colorado 81611 Re: Madsen Condominiumization Dear Alan, This letter is written to you as a follow-up for the Madsen condominiumization. Please be advised that no tenants have been displaced as a result of this condominiumization. The only turnover that has occurred in the past two (2) years at the Madsen apartments has been a result of natural attrition and for no other reason. If you need free to contact me. available to answer additional information, please feel Martha Madsen will be at the meeting any questions should they arise. Ve~rU1Y yours, ;;Ll rJr- Gideon Kaufman GK kw ) .. ASPEN/PITKIN PLANNING OFFICE 130 South Galena Street Aspen, Colorado 81611 \ LAND USE APPLICATION FEES County 00100 - 63711 09009 - 00000 63712 63713 63714 63715 63716 63717 City 00100 - 63721 09009 - 00000 63722 63723 63724 63725 63726 , I I ~ PLANNING OFFICE SALES 00100 - 63061 09009 - 00000 63062 63063 Name: G\I:llIl!\ 10uJ~,^v' Address : Subdivision/PUD Special Review P&Z Review Only Detailed Review Final Plat Special Approval Specially Assigned Conceptual Application Preliminary Application Final Application Exemption Rezoning Conditional Use County land Use Sales GMP Sales Almanac Sales Copy Fees Other 4Jet' Project: ~I(I(i\f.\ (Ci'iiOlllllltlP\"!tl":,, , { (I Phone: tzJtz (0 Check No, , Date: Receipt No, P 'P~ll) , I I