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Home My WebLink Aboutcoa.lu.ec.900 E Hopkins Ave.1982Mountain River Manor .1 9 0 TO: FROM: MEMORANDUM Aspen City Council Colette Penne, Planning Office RE: Mountain River Manor - Subdivision Exception (Recondominiumization) DATE: December 27, 1982 Location: 900 E. Hopkins Street Zoning: R-MF APPROVED AS TO FORM:/&,�,t'..� Applicant's Request: The applicant is requesting a subdivision exception (for the purposes of recondominiumization) to include loft sleeping areas in 8 of the 16 studio units. Referral Comments: Buildinq Department The areas in question were converted by adding a floor over the kitchen and bath areas. The addition contained beds, dressers, clothes closets, lights and electrical recepticals. Neither the Uniform Building Code nor the Aspen Municipal Code directly defines a "bedroom". There are no Code provisions for a sleeping loft. A room that is used for sleeping by Code must have proper egress, proper height of ceiling, proper light and ventilation. These areas contain all of the above or arrangements have been made for their compliance with the Codes for a sleeping area if the Planning and Zoning Commission finds that they should be allowed to continue in this configuration. "The developer did an excellent job renovating these units and they are well maintained. The additions definitely make an otherwise small employee unit more habitable. The building is still well below the allowable 1:1 FAR. This original condomin- iumization was approved by P&Z in 1981. If P&Z sees fit to approve the changes, we have no objections. The legitimization, inspections and penalties for the work done without permits will be handled by the Building Department and City Attorney." City Attorney "It is my opinion that a condominium plat must be properly amended before any construction reconfiguring or altering the condominium is permitted. Thus, in order for the lofts to be legitimized in the first instance, I feel that amendment to the condominium plat must be approved. Secondly, I believe it would be in the best planning interest to defer to the Planning Office and Planning and Zoning Commission, as a matter of fact and policy, the issue of whether or not a sleeping loft in a studio converts the unit to a one bedroom for the purposes of our zoning regulations." Engineering Department The addition of loft sleeping areas to the existing studio units will not affect the provision of services to the project nor does it particularly alter the original conditions of approval. Filing of an amended plat could be limited to only that sheet from the original plat affected by the new lofts. The sheet should include the following: • 0 Memo: Mountain River Manor December 27, 1982 Page Two a. Title as Amended Plat. b. Indicate changes clearly and state that remaining sheets of original plat remain in effect. C. Signature blocks for approving authorities and Engineering Department as well as the Clerk and Recorders acceptance certificate. Planning Office Review: The structure which received approval in 1981 for condominiumization was then called the Laurilat. It is now under new ownership and called Mountain River Manor. The structure is non -conforming, in that there are 16 studio units on a 12,000 square foot lot. The area and bulk requirements of the R-MF zone require 1,000 square feet of minimum lot area per dwelling unit for studio units. One bedroom units require 1,250 square feet of lot area per unit. The floor area ratio in the R-MF zone is 1:1. The building is presently about 55 percent of its allowable FAR. Section 24-13.3(a) states that "no such nonconforming structure may be enlarged or altered in a way which increases its noncon- formity..." The question before you is an interpretation of the sleeping area added to these units. It will add to the FAR, but there is no problem with that, since the structure is well below the allowed FAR. If the loft area is acceptable in the context of a studio unit there will be no increase in the nonconformity. If the determination is made that the addition of the loft sleeping area converts the unit into a one bedroom unit, they could not be added because additional lot area is required, and therefore the nonconformity would be increased. The Planning Office feels that convincing arguments can be made to justify these units as studios or as one bedrooms. However, a site visit to the units clearly indicates that the loft area makes an otherwise very small living area much more livable. Since the City's housing guidelines limit a studio to 300 square feet and these units are 277 square feet without the lofts, they are below the size limit set in the housing guidelines for studios. The addition of the loft sleeping areas will place them in the size limit categories for studios (300-600 square feet). Even with the loft additions, the square footage of these units is still below the minimum one bedroom size (500 square feet). Planning and Zoning Commission Action and Planning Office Recommendation: The Planning and Zoning Commission and the Planning Office recommend approval for the addition of the sleeping areas to 8 of the 16 studio units at Mountain River Manor and amendment of the applica- ble sheet of the original plat (with the understanding that the units remain in the classification of "studios", that there is no increased occupancy and this is an improvement in a non -conforming situation since the additional square footage brings them closer to conformity with the City's housing guidelines for the lower limit of studio size) with the following conditions: Memo: Mountain River Manor December 27, 1982 Page Three I. Title as Amended Plat. 2. Changes indicated clearly and a statement that remaining sheets of the original plat remain in effect. 3. Signature blocks for approving authorities and Engineering Department as well as the Clerk and Recorder's acceptance certificate. Council Action: "I move to approve the subdivision exception for the Mountain River Manor to allow the addition of sleeping areas to 8 of the 16 studio units and to allow the necessary changes to the original plat. Approval is subject to the following conditions: 1. Plat must be titled "Amended Plat". 2. Changes in the plat must be clearly indicated and a statement that the remainging sheets of the original plat remain in effect. 3. Signature blocks for approving authorities and Engineering Department as well as the Clerk and Recorder's acceptance certificate must be added to the plat." • • �1 i CONDOMINIUM MAP OF MOUNTAIN RIVER MANOR n [•UT�nG f ••Owr w00f • +haa )•+yCT V+[ \h![„thT llT UrlT(O Oh IO•f , l m •loc, fe, tw•T .!I(h 1 wM1 IT• r.nD r. 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'rf �� T 0(f�G.•r.Owf ,wl•lOr, M DiW «4Owf W f•O urlf. •,0 irl Ill+•r�Orf } ry r•rf.aa ILOOf •.D C[IlnGf a•••l 0, c0.0+•Oo CpwTr a n,.ry III, rNfK vw.t •^+f .I•• r.url �. •C••0•lt Oc/0 M,oet w T..f Li O•• d u••ow•[s...l uo+t.•wcf _1�5_ PLANNING a ZONING APPROVAL ...f • y ,.•(> •r ,4 tit• OI •alr •w �• f.Oww C...rY 50. a �NJ• ASPEN CITY COUNCIL APPROVAL Y MbMrr•YO Rr.Iew •✓•-+�" U•f/r• ••. ••.•OvlO )•!K [rT• ce,.cY v .fnw r-I i- a. ar �l.s;.,��... ••s- CITY ENGINEER'S APPROVAL • 0, •.nr •/.0•l0 •• r.l C 0/ •I I(w•D......... 0.I—....n• ..7 •, D •{.'A- eft CLERK 81 RECORDER'S ACCEPTANCE W •44 w, n•. �. 0.rr,. CO.O••DO • Icu.�u roe rll .c ,•.( or,rtl v •.I <.�.. .wc aco••t. 9 cowT•or n+a.,rn(a<o.w •so. •T1.�t6D'nou Y•.••�f ?eo.. o. _�grrl�—_. •fl3t e . rl•r •os y - ,'..[ f).•t._•lc(n�o. wo sz zS�� c.r. n.•ur.. • 6 INDEX .-Cal I f•I. II c[IT�r Kf.Tlf_ -TT T• M ItGlhO M1f nOTL{ f rloO+ h4ns a c•tvr.T.on! trrrT I Ot 1 .o• wo ,zoss I 0 K-7 /Y.l Jw.., 7 N.•1 , fi.Jci w.l Jn.l wd SOUTHWEST ELEVATION Z211, 7Di♦ H LEGEND GCE GENERAL COMMON ELEMENT L E LIMITED COMMON ELEMENT CHANGE IN FLOOR OR CEILING ELEVATION DENOTES G C E WALL. FLOOR. OR CEILING ofyS 1 •.�r Y , ✓'.r 1 SOUTHEAST ELEVATION S,A_E G • • FIRST FLOOR i i •r.1• SECOND FLOOR LEGEND G.G.E. GENERAL COMMON ELEMENT L. c,E LIMITED COMMON ELEMENT — — — CHANGE IN FLOOR OR CEILING ELEVATION DENOTES GCE WALL. FLOOR. OR CEILING MEMORANDUM TO. Aspen Planning and Zoning Commission FROM: Colette Penne, Planning Office RE: Mountain River Manor - Subdivision Exception DATE. December 7, 1982 Location: 900 E. Hopkins Street Zoning: R-MF Applicant's Request: The applicant is requesting a subdivision exception (for the purposes of recondominiumization) to include loft sleeping areas in 8 of the 16 studio units. Referral Comments: Building Department The areas in question were converted by adding a floor over the kitchen and bath areas. The addition contained beds, dressers, clothes closets, lights and electrical recepticals. Neither the Uniform Building Code nor the Aspen Municipal Code directly defines a "bedroom". There are no Code provisions for a sleeping loft. A room that is used for sleeping by Code must have proper egress, proper height of ceiling, proper light and ventilation. These areas contain all of the above or arrangements have been made for their compliance with the Codes for a sleeping area if the Planning and Zoning Commission finds that they should be allowed to continue in this configuration. "The developer did an excellent job renovating these units and they are well maintained. The additions definitely make an otherwise small employee unit more habitable. The building is still well below the allowable 1:1 FAR. This original condomin- iumization was approved by P&Z in 1981. If P&Z sees fit to approve the changes, we have no objections. The legitimization, inspections and penalties for the work done without permits will be handled by the Building Department and City Attorney." City Attorne "It is my opinion that a condominium plat must be properly amended before any construction reconfiguring or altering the condominium is permitted. Thus, in order for the lofts to be legitimized in the first instance, I feel that amendment to the condominium plat must be approved. Secondly, I believe it would be in the best planning interest to defer to the Planning Office and Planning and Zoning Commission, as a matter of fact and policy, the issue of whether or not a sleeping loft in a studio converts the unit to a one bedroom for the purposes of our zoning regulations." Engineering Department The addition of loft sleeping areas to the existing studio units will not affect the provision of services to the project nor does it particularly alter the original conditions of approval. Filing of an amended plat could be limited to only that sheet from the original plat affected by the new lofts. The sheet should include the following: Memo: Mountain River Manor December 7, 1982 Page Two a. Title as Amended Plat. b. Indicate changes clearly and state that remaining sheets of original plat remain in effect. C. Signature blocks for approving authorities and Engineering Department as well as the Clerk and Recorders acceptance certificate. Planning Office Review: The structure which received approval in 1981 for condominiumization was then called the Laurilat. It is now under new ownership and called Mountain River Manor. The structure is non -conforming, in that there are 16 studio units on a 12,000 square foot lot. The area and bulk requirements of the R-MF zone require 1,000 square feet of minimum lot area per dwelling unit for studio units. One bedroom units require 1,250 square feet of lot area per unit. The floor area ratio in the R-MF zone is 1:1. The building is presently about 55 percent of its allowable FAR. Section 24-13.3(a) states that "no such nonconforming structure may be enlarged or altered in a way which increases its noncon- formity..." The question before you is an interpretation of the sleeping area added to these units. It will add to the FAR, but there is no problem with that, since the structure is well below the allowed FAR. If the loft area is acceptable in the context of a studio unit there will be no increase in the nonconformity. If the determination is made that the addition of the loft sleeping area converts the unit into a one bedroom unit, they could not be added because additional lot area is required, and therefore the nonconformity would be increased. The Planning Office feels that convincing arguments can be made to justify these units as studios or as one bedrooms. However, a site visit to the units clearly indicates that the loft area makes an otherwise very small living area much more livable. Since the City's housing guidelines limit a studio to 300 square feet and these units are 277 square feet without the lofts, they are below the size limit set in the housing guidelines for studios. The addition of the loft sleeping areas will place them in the size limit categories for studios (300-600 square feet). Even with the loft additions, the square footage of these units is still below the minimum one bedroom size (500 square feet). Planning Office Recommendation: The Planning Office recommends that you recommend approval for the addition of the sleeping areas to 8 of the 16 studio units at Mountain River Manor and amendment of the applicable sheet of the original plat according to the following conditions: Title as Amended Plat. 2. Changes indicated clearly and a statement that remaining sheets of the original plat remain in effect. 3. Signature blocks for approving authorities and Engineering Department as well as the Clerk and Recorder's acceptance certificate. Irb v \ i j ' ^,r� ✓� �� r o Or r CONDOMINIUM MAP OF MOUNTAIN RIVER MANOR L •JT�n4 ! 1T 1TwVGT Vw[ •AlLm LM1T SrT VAT[Oe On r.0,f w L •m 1•oc• le w. •L+ [• ! A T [. ra Waco wllru.. ao I[■T, levnote rra [our.. •• rr.{ T..rcwv L.n[ on •Ln. fG n.- nnoeo waf rawv ab ruT; •eurwao On T..a auT rr• W{aT [A L♦ Lrn[ 0[ aArO LOT 1 An0 •OYr•O to On •+[ w[.T •T A Lrn{ Jo Ia.T waf Tawlr er An0 IAwAIL[L tb Tw[ W[fT [Rlr Lrn[ Or LOT •, /Lw. [e, [. A.T.• GT• Or /.[►[n, Ceun IT •/ rIT1,l\ •Ta Z •I COIa wA•• u..rr (T10T Iry �/t•o c✓/otnct .1 rs T!•o I'c tro oo' 1 [ Z Jsnr•a•w ae/• �. T: h !M Oa ✓•C ! `t• / A F8 He- Avrnr t SCALE LEGEND 9 NOTES • rouse no f wa1Aw w(c AI Af M1eTar • fIT bow[ - awvf• con rwpl u.11a r wl ntcowo M r•s• orr Krw Ln Tr•l c�.• o'wAar[« Ane wrT ;�, . e. I•...n te.,n,T 1.Le,ea S'I,J[Y O, [nT Lo wr,+ ro./n0 MewM[nT• Lc[ I�MrT [o ceMMen Lla Mani •c[ GCnt,Al cOmMOn [L■m[rvT 1AfIe A T. M e. T•40 LOc4,lp h C[nT[w Lrn[ o• [ »o. rn. "Aso [A a, 'oounoAw. oI WLfT Ln0"fT r,OM Tw{ •T1 Af,[M1 Al luwvzr e. coo,1+ •[wu,-',ucaon •wraenA —f� •f[wlw L 10M Af I[n !AT•Tw,pn r,r.,;Ct Oln.;t[P'MAI. —re — • C [ wAT[w .nt - frit An0 LK 110 r10M t IT• W AL/fF `W AT11 111T{M MM>T{tt Mn/ Loc wTren otacwrsas Ovlw TM Iron[ •. wKw• rrreywlr�rrl MT •N O—b wV00 rant[ • LM1r Ial{ a< ev[wwane 20l 6- 1— OWNER'S CERTIFICATE o1Si , WJL+., •[ >..:. , LtT, ... rn ... L. G .� ^ ti'w= en ^ . - ..•. .•s flrr .•(«ne •,•. •,[ •�.rcsss sr•.rr• t co•x1•rw out••••.[.. . W• C• /1)L •/'0 Gl C•>fDlOi Y�f Y'0 Co-W0 — Wl• I•Co�= r.001C •( IKt ., if or ••! •tcOfO, d T< CLI•I ••0 kC]GCt• d rM COe.rr Cr . fort d cola•oo %�`�(� n•T[ al..e..a � a tawrl w nT.r I 10('v r4 0•r[•1 [wT"I'C •t( f K•+C•lf D'/(O f[, Oft [[ rwi � D•• � 'T (] rp CrF 0 O wlr[tt 1♦ ,•,C •,0 ^• C K TI •l� O n n cD+rascw Ian's iQ(i�(L't .or. •+.,��e• .. J•I n l D W C1 VI � i SURVEYOR'S CERTIFICATE rtlr•w Ir, • l' IIr• • <41i[•f0 lr > IvT(r0•. •w R1• Cl••fT la, •M . fJrlr ••1 w•D[ rew0l• .• D •tC• :, •,0 fJl•T, a d . f / •t IOIIOr, nyr MrM r<n,�IT � 1"•.t Y CQD•1'W. •,D I: Ae •HnM . ri•.G I ••wr •r•uc Trr•I �s Nlaw•, (+r••ar�+t wwD.n , no d Lo c•.G(D r.orl... w.I• o. T+�t `.•• w •, loc•rto cr s T1 , ` .Drtcrus tD or 1.1"o [no[•c[ f,c•, ,f •owDr r+t .Du•.o. uro oal•vo•, d ••l v bur0•,• L"[I. au•l Dr•G, u0 11.0•1 a[•Tf • /nDl r<l o• .rOw r0 ,t •< Itc..•r tl• .mow z •Klr c. r..f .✓. •,D •wt aK .. won. •+o wnr•.. ..,. cln<•s ,+r loc•••o- aw r< wT•f0•••l •rO r[•rK•l 1l•sr/•I[e!•n Y Tr1 e/•l Or+4, •+l cowo>r•,•rr11<•f r+t •t w, rr[ �� 11. 1 Of f�Gr,T.Orf T,l•[d. Trt 0�1[rtOwf 0. 1•C ywr Tf, W 1< ll[r•r•0•f DI Ty I•wnr•• n00•f •p C[rlrr GS �" � BIT ta•.•o+.tsw•. :eD •r: +o• tv. r o fM•—^• t.n • n••t or cao••oo I tf mu•T. d r•r•rr Tra ro•l me w.rr.Trrs .[.• burr r .o.[touo a[rafa •1 T..1 f� —ef. a l ,rMCF Gl r•O •• n,.Grr• I IT i• w. • 1 -�� -Br PLANNING & ZONING APPROVAL ASPEN CITY COUNCIL APPROVAL • :.MWA+ rLa•lt •t«y{ C"• d •fr1, ••. •rr•q[D F fr1 rrT• CITY ENGINEER'S APPROVAL o• url. of r• r.(wT o• na+rtnra r. s(n'_i_>,•• c n�,Y/a+ r•� CLERK RECORDER'S ACCEPTANCE n acclnu lror In K •rl deal v •n ar•..,c n.orcu .w•�/ cww+r a t Ir....,f•an a caof•m,,•,1_��'ao<•ie.*rn1•c.• L__,msL w ruT alD• —d • <al sa •!i-_•[clnro« .a (2Y�1(�•�I {rIT A•MYV O INDEX a�(l♦ r ar T[ I n cl,Trl Kw.T[•. VK•r•rT• M•I La4ah0^ • nOTLe 1 I.0 e1 ► 1", • [lt vATren! of W W ._z z W I t 1 S •rE E, r pr 3•aq»wo zof I • 0 MEMORANDUM TO: Colette Penne Planning Office FROM: Bill Drueding Zoning Enforcemen40cer DATE: November 17, 1982 RE: Mountain River Manor Subdivision Exception The Building Department has been asked to explain their interpretation as to why eight of these units are considered one -bedroom units versus studios. The areas in question were converted by adding a floor over the kitchen and bath areas. When I inspected these units the addition contained beds, dressers, and clothes closets, lights and electrical recepticals. The UBC nor the AMC has defined a bedroom directly. Section 401 of the 1979 UBC states that where terms are not defined, they shall have their ordinary excepted meanings within the context with which they are used. Webster's Third New International Dictionary of the English Language, unabridged, copyright 1961, shall be considered as providing ordinary excepted meanings. I have not been able to locate, at this time, this particular dictionary, but the Webster's New Collegiate Dictionary defines a bedroom as "a room furnished with a bed and intended primarily for sleeping". In checking with other members of the Building Department, they consider a bedroom definition as a room used for sleeping which contains a closet. There are no code provisions in the Uniform Building Code for a sleeping loft. A room that is used for sleeping by code must have proper egress, proper height of ceiling, proper light and ventilation. These areas contain all of the above or arrangements have been made for their compliance with the codes for a sleeping area if the Planning & Zoning Commission finds that they should be allowed to continue in this configuration. Stated briefly, members of the Building Department have said that there are no code provisions for a sleeping loft. If it meets code for a sleeping area and is used for sleeping, then it is considered a bedroom. Granted this project is considerably under the F.A.R. requirement for this zone. However, if we now consider that the upper units are one bedroom units, we have eight studios and eight one -bedroom units. Under the area and bulk requirement, the minimum lot per studio unit is 1000 square feet. The minimum lot area required for a one -bedroom unit is 1250 square feet. The lot size required for this project would be 18,000 square feet. P & Z had approved this building of 16 studios on a 12,000 square foot lot. During that approval, P & Z granted a situation that causes the building to be a nonconforming structure. With the addition of a bedroom this further increases its nonconformity of area and bulk requirement. The developer did an excellent job renovating these units and they are well maintained. The additions definitely make an otherwise small employee unit more habitable. The building is still well below the allowable 1:1 F.A.R. This original condominiumization was approved by P & Z in 1981. It has been my concern that P & Z also be made aware of the changes made. If P & Z sees fit to approve the changes, I have no objections. The legitimation, inspections and penalties for the work done without permits will be handled by the Building Department and City Attorney. cc: Paul Taddune, City Attorney Alan Richman, Planning Patsy Newbury, Acting Building Official • l lf!46 : STATEMENT OF EXCEPTION FROM THE FUTeg SUBDIVISION PROCESS FOR THE ►v PURPOSE OF CONDOMINIUMIZATION � r N _o C11.m -mac O S Co m T- c> z o z CD �rn v C^) m 7� �e-4 WHEREAS, MOUNTAIN RIVER MANOR and JAMES J. MOLLICP. (hereinafter "Applicant"), is the owner of real property and the improvements thereon situated in the City of Aspen, Pitkin County, Colorado more particularly described as follows: Lots K, L, and is Blcck 26 EAST ASPEN ADDITION and also Lot in West End Street, also referred to as Lot in West End Street West of said Block 26 in East Aspen Addition in and to the City of Aspen, also referred to as a Lot West of Lot K in said Block 26, East Aspen addition in and to the City of Aspen, described as follows: "bounded on the North by the Northerly line of Block 26 extended Westerly a distance of 30 feet;" "bounded on the South by the Southerly line of Block 26 extended Westerly a distance of 30 feet;" "bounded on the East by the Westerly line of Lot K in said Block 26, being a distance of 100 feet;" "and bounded on the West by a line of 30 feet Westerly of and at all points parallel to the Westerly line of said Lot K in Block 26."; and WHEREAS, Applicant has requested an exception from the full subdivision process for the purpose of condominiumiz- ing the building on the subject property;and 64HEREAS, the Aspen Planning and Zoning Commission at its meeting of April 21, 1981 determined that such exception would be appropriate and recommended that the same be granted subject to the condition described hereafter; and WHEREAS, City Council determined April 27, 1981 that the owner's request was appropriate subject, however, to the hereafter; at its meeting of for such exception condition described NOW, THEREFORE, the City Council of Aspen, Colorado does determine that the owner's application for exception from the full subdivision process for the purpose of condominiumiza- tion of the MOUNTAIN RIVER MANOR is proper because the owner's proposed condominiumization is not within the intents and purpose of Subdivision Ordinance, hereby grants for such reason an exception from the full subdivision process for such action; PROVIDED, HOWEVER, that the foregoing exception is expressly conditioned upon the applicant's immediate recording with the Pitkin County Clerk and Recorder of that certain "Declaration of Covenants, Restrictions and Conditions for the Mountain River Manor" dated April 12, 1982, a copy of which is attached hereto as Exhibit "A" and the applicant's compliance with the provisions therein and all other conditions of approval on this matter set by City Council at its meeting of April 27, 1981. Dated this 12th day of April, 1982. i HE N EDEL, Mayor APPROVED AS TO FORM: Gary S. Esary Assistant City Attorney I, Kathryn S. Koch, do hereby certi�y that the foregoing Statement of Exception from the Full Subdivision Process for the Purposes of Condominiumization was considered and approved by the Aspen City Council at its regular meeting held April 27, 1981, at which time the Mayor, Ferman Edel, was authorized to execute the same on behalf of the City of Aspen. ath' r. . K ch, ty Cler - 2 EXF:IBIT. "A" DECLARATION OF COVENANTS, RESTRICTIONS AND CONDITIONS FOR THE MOUNTAIN RIVER MANOR (Formerly known as the Laurilat Condominiums) MOUNTAIN RIVER MANOR and JAMES J. MOLLICA (herein- after "Covenantor"), for themselves and for their successors and assigns, in consideration for the granting of an exception from the full subdivision process for the purpose of condomin- iumization with respect to the following described property, hereby covenants with the CITY OF ASPEN in Pitkin County, Colorado to restrict such property, and hereby does restrict such property, as follows: 1. Covenantor is owner of the following described property, together with the improvements located thereon (an existing sixteen -unit residential building) situated in the City of Aspen, County of Pitkin, State of Colorado: Lots K, L, and M Block 26 EAST ASPEN ADDITION and also Lot in West End Street, also referred to as Lot in West End Street West of said Block 26 in East Aspen Addition in and to the City of Aspen, also referred to as a Lot West of Lot K in said Block 26, East Aspen Addition in and to the City of Aspen, described as follows: "bounded on the North by the Northerly line of Block 26 extended Westerly a distance of 30 feet;" "bounded on the South by the Southerly line of Block 26 extended Westerly a distance of 30 feet;" "bounded on the East by the .Westerly line of Lot K in said Flock 26, being a distance of 100 feet;" "and bounded on Westerly of and Westerly line of the [-lest by a line of 30 feet at all points parallel to the said Lot K in Block 26." 2. The sixteen dwelling units located on the above described property shall be restricted to six month minimum leases with no more than ti.,o shorter tenancies per year, all as defined in the Aspen 24unicipal Code §20-22(b), as amended. • 11 I -CA 425 11,6c 69 3. The covenants contained herein shall run with the land and shall be binding upon all parties having any right, title or interest in the above described property or any part thereof, their respective representatives, successors and assigns for the period of the life of the longest living member of the presently constituted Aspen City Council, plus twenty- one years, or for a period of fifty years, whichever period is less, from the date these covenants are recorded. 4. None of the covenants contained herein shall be released or waived in any respect during the period for which they are binding without the prior consent of the City of Aspen, reflected by resolution of the City Council of the City of Aspen. IN WITNESS WHEREOF, this Declaration has been duly executed this 12th day of April, 1982, by JAMES J. MOLLICA, individually and for MOUNTAIN RIVER MANOR. P •IES ,/J 14OLLICA, individually d fo IIOUNTAIN RIVER MANOR STATE OF COLORADO) ) ss. COUNTY OF PITKIN ) The foregoing instrument was subscribed and sworn to before me this 12th day of April, 1982, by JAMES J. MOLLICA, individually and for MOUNTAIN RIVER MANOR. WITNESS my hand and Official Seal.• My commission expires: No Pub1Tc 600 E. Hopkins Avenue Aspen, CO 81611 -2- a, • � A r v iI� a _o - O o" Cl) r o� O DECLARATION � OF COVENANTS, RESTRICTION xm rn N AND CONDITIONS FOR THE MOUNTAIN RIVER MANOR (Formerly known as the Laur_.lat Condominiums) MOUNTAIN RIVER MANOR and JAMES J. MOLLICA (herein- after "Covenantor"), for themselves and for their successors and assigns, in consideration for the granting of an exception from the full subdivision process for the purpose of ccndomin- iumization with respect to the following described property, hereby covenants with the CITY OF ASPEN in Pitkin County, Colorado to restrict such property, and hereby does restrict such property, as follows: 1. Covenantor is owner of the following described property, together with the improvements located thereon (an e:cisting sixteen -unit residential building) situated in the City of Aspen, County of Pitkin, State of Colorado: Lots K, L, and 1-1 Block 26 EAST ASPEN ADDITION and also Lot in West End Street, also referred to as Lot in West End Street West of said Block 26 in East Aspen Addition in and to the City of Aspen, also referred to as a Lot West of Lot K in said Block 26, East Asper. Addition in and to the City of Aspen, described as follows: "bounded on the North by the Northerly line of Block 26 extended Westerly a distance of 30 feet;" "bounded on the South by the Southerlv line of Block 26 extended Westerly a distance of 30 feet;" "bounded on the East by the 1esterly line of Lot I; in said Block 26, being a distance of 100 feet;" "and bounded on Westerly of and Westerly line of the West by a line of 30 feet at all points parallel to the said Lot K in Block 26." 2. The sixteen dwelling units located on the above described property shall be restricted to six month minimum leases with no more than two she, -ter tenancies per year, all as defined in the Aspen Municipal Code §20-22(b), as amended. y y-,A'S A . 65 3. The covenants contained herein shall run with the land and shall be binding upon all parties having any right, title or interest in the above described property or any part thereof, their respective representatives, successors and assigns for the period of the life of the longest living member of the presently constituted Aspen City Council, plus twenty- one years, or for a period of fifty years, whichever period is less, from the date these covenants are recorded. 4. None of the covenants contained herein shall be released or waived in any respect during the period for which they are binding without the prior consent of the City of Aspen, reflected by resolution of the City Council of the City of Aspen. IN WITNESS WHEREOF, this Declaration has been duly executed this 12th day of April, 1982, by JAMES J. MOLLICA, individually and for MOUNTAIN RIVER MANOR. F •1ES J 11OLLICA, individually d fo P10UNTAIN RIVER MANOR STATE OF COLORADO) ) ss. COUNTY OF PITKIN ) The foregoing instrument was subscribed and sworn to before me this 12th day of April, 1982, by JAMES J. MOLLICA, individually and for MOUNTAIN RIVER MANOR. WITNESS my hand and Official Seal. r t' `My commission expires: Notary Public 600 E. Hopkins Avenue Aspen, CO 81611 -2-- \J MEMORANDUM DATE: April 12, 1982 TO: Kathryn S. Koch, City Clerk FROM: Gary Esary RE: Documents for :Mayor's Signature • Attached is the original Statement of Exception in the Mountain River nanor Condominiums approval. As you can see, I have approved it as to torm ants its Exhibit "A", 44 the Delcaration, has been executed and is awaiting recording. The owners nave scheduled a sale closing on this pro- perty the s,orninq of April 13, 1982, and they have requested our assistance in having this document exe- cuted by the mayor before then. G:iE : me Attachment MOUNTAIN RIVER MANOR CONDOMINIUMS (Formerly known as the Laurilat Condominiums) WHEREAS, JAMES J. MOLLICA (hereinafter referred to as "owner") is the owner of a parcel of land located in the City of Aspen, Pitkin County, Colorado, more particularly described as Lots K, L and M, Block 26, EAST ASPEN ADDITION, Aspen, Colorado, and WHEREAS, owner has requested an exception from subdivision regulation for the purpose of subdividing an existing 16-unit residential building through condominiumization, and WHEREAS, the Aspen Planning and Zoning Commission, at its meeting held on the day of , 19 determined that an exception from subdivision regulation is appropriate and recommended that the same be granted, and WHEREAS, the City Council of Aspen, Colorado, has determined that the subdivision of the existing 16-unit residential building through condominiumization is not within the intents and purposes of the subdivision ordinance set forth in Chapter 20 of the Aspen Municipal Code, NOW, THEREFORE, the City Council of Aspen, Colorado, does hereby determine that the proposed subdivision of the 16-unit residential building locatd on Lots K, L and M, Block 26, EAST ASPEN ADDITION, Aspen, Pitkin County, Colorado, by its condominiumization is not within the intents and purposes of the subdivision ordinance and does, for such reason, grant an exception from subdivision regulations expressly subject to the following terms and conditions agreed to by owner and its successors, heirs and assigns. 1. Each of the 16 units shall be restricted to six (6) month minimum leases with no more than two (2) shorter tenancies per year under the provisions of Sec. 20-22(b) of the Municipal Code. Dated this day of , 1982. HERMAN EDEL, Mayor JAMES J. MOLLICA, the owner of the herein described'property, agrees to the provisions and restrictions contained herein. LICA STATE OF) ` / � COUNTY OF SS. P� r Acknowledged, subscribed nd sworn o before me this % day of C ;u t7�'' , 1982, by Leo Q . tZ-chr' c� C_n. , owner. Witness my hand and official seal. My commission expires: % 114 9 2 . STATE OF COLORADO ) ss. COUNTY OF PITKIN ) of Notary Publi6i Acknowledged, subscribed and sworn to before me this 1982, by HERMAN EDEL as Mayor and as City Clerk of the City of Aspen, Colorado. Witness my hand and official seal. My commission expires: Notary Public day CITY OF ASPEN 130 south galena street aspen, colorado 81611 303-925 -2020 MEMORANDUM DATE: November 22, 1982 TO: Colette Penne Planning Office FROM: Paul Taddune RE: Mountain River Manor/Subdivision Exception An investigation by the Building Department this past summer re- vealed that a living area over the bathroom and kitchen in the second floor units was constructed without having obtained a building permit. A show cause hearing was then held in my office in August and September, with the hope of obtaining a reasonable explanation and full compliance with all code requirements. In the course of the hearing, I was concerned with two problems: (1) what punishment, if any, should be imposed for constructing the lofts without a permit; and (2) assuming that the responsible par- ties were properly punished, what action should be taken with respect to the lofts. The first question, what punishment should be imposed, was rela- tively easy to answer. In lieu of formal municipal court proceed- ings, I insisted and the owners acquiesed that a civil penalty of the maximum amount of a fine which would be imposed for the viola- tion of buiding without permit (i.e. $300,00) should be paid by each owner. Civil fines in the appropriate amounts have been ten- dered to my office. The second question, what should be done with the lofts, presented a more difficult problem. In our efforts to enforce the Code, our main concern has been to obtain full compliance with the Code. Had a building permit been applied for, it most likely would have been denied by the Building Department since no approval had been granted for revision to the condominium plat and, more impor- tantly, the Building Department takes the position that a sleeping lot in a studio apartment converts the loft to a one bedroom. This latter question, whether a loft converts a studio into a one bedroom seemed more appropriate for a determination from a plan- ning perspective. It was thus agreed that the Building Department V • • Memo to Colette Penne November 22, 1982 Page Two would issue an order requiring that the _lofts be removed but that legal proceedings in furtherance of this order would be held in abeyance pending efforts by t'lie owners to obtain approval for the sleeping lofts. Compelling the removal of the lofts would place a greater economic burden upon owners who apparently have already been economically taxed (i.e. attorneys fees and civil penalty) as a result of the construction of the lofts. As regard the amend- ment to the condominium plat, it is my opinion that a condominium plat must be properly amended before any construction reconfigur- ing or altering the condominium is permitted. Thus, in order for the lofts to be legitimatized in the first instance, I feel that amendment to the condominium plat must be approved. Secondly, I believe it would be in the best planning interest to defer to the Planning Office and Planning and Zoning Commission, as a matter of fact and policy, the issue of whether or not a sleeping loft in a studio converts the unit to a one bedroom for purposes of our zon- ing regulations. cc: Bill Drueding u is MEMORANDUM TO: Colette Penne, Planning Office FROM: Jay Hammond, Engineerinq Office A - DATE: November 24, 1982 RE: Mountain River Amendment to the Condominium Plat -------------------------------------------------------------- Having reviewed the above application and made a site inspection, the Engineering Department has the following comments: 1. The addition of loft sleeping areas to the existing studio units will not affect the provision of services to the project nor does it particularly alter the original conditions of approval. 2. Filing of an amended plat could be limited to only that sheet from the original plat affected by the new lofts. The sheet should include the following: a. Title as Amended Plat. b. Indicate changes clearly and state that remaining sheets of original plat remain in effect. C. Signature blocks for approving authorities and this department as well as the Clerk and Recorder's acceptance certificate. JH/co • Al MvV,.6-tAvA,.,..,, \ Co - - J N✓\ CCU-i,� i °l� J o-K �1 D tJ - (; C41 o- aj �0-� C� �—�� S� � fir✓ � � � �j i,J f (I r�.b� 0�.� -�t �{- h� %�/ � �; c�-,'� (3 z. �r Lit O Y\- GLmp-:, G�'_ 7414 , f(a� fi ��rv,,Lu- caLG— c-k&4,-T c,--o 4UL)-j�j CkAtk , a �` o-� 1 c,�k ` r kcc. i I GIDEON I. KAUFMAN DAVID G. EISENSTEIN LAW OFFICES OF GIDEON I. KAUFMAN A PROFESSIONAL CORPORATION BOX 10001 611 WEST MAIN STREET ASPEN. COLORADO 81611 October 22, 1982 City of Aspen Planning and Zoning Commission 130 South Galena Street Aspen, Colorado 81611 TELEPHONE AREA CODE 303 925-8166 Re: Mountain River Manor/Amendment to Condominium Approval Dear Planning and Zoning Commission Members, This letter shall serve as an application to amend the condominium approval for the Mountain River Manor Condominium located at 900 East Hopkins Street. In addition, we seek certain clarifications and interpretation of the Muncipal Code for the City of Aspen. The Mountain River Manor Condominium came before you for condominium approval in the winter of 1981. At that time, the applicants received approval for the condominiumization of the units as studio apartments. The application materials and plans did not show sleeping lofts. Since the approval my clients have added sleeping lofts to their units. This was done without Building Department approval. My clients have reached an agreement with the City Attorney on this matter and have paid a penalty and additional fees for their action. The reason we are before you is to seek approval for these sleeping lofts. I am not here to contest the fact that the lofts were put in without obtaining proper permits. These units, owned primarily by employees for low cost employee housing, are extremely small. Even with the sleeping lofts, the studios contain less than four hundred (400) square feet, the minimum size for employee units. There are two questions before you. The first is to amend your condominium approval to include sleeping lofts. Both the Building Department and City Attorney feel that we need P & Z and City Council approval in order to amend our condominium plat. • 0 Planning and Zoning Commission October 22, 1982 Page Two The second question is a Code interpretation on what constitutes a studio unit and what constitutes a one -bedroom unit. The Building Department takes the position, although the Code is silent, that a separate sleeping area transforms a studio into a one -bedroom. If that is true, we do not have sufficient FAR to enable us to expand these studios into one -bedrooms even though the building is only fifty percent (50%) of the 1:1 FAR. I disagree with that interpretation, it seems to me that the mere addition of a sleeping area to a studio unit containing less than four hundred (400) square feet (including the sleeping area) does not create a one -bedroom unit. The Code, unfortunately, does not speak directly to this. However, at the hearing I will present to you several examples of units much larger than our units having separate sleeping areas that are nonetheless denominated as "studios." The determining factor here is not whether you have a separate sleeping area but whether the studio character is at all changed. I would like to schedule a site inspection so that you could see these units and the advantages the sleeping lofts present for the owners of the units. I thank you very much for your consideration of this matter. Very truly yours, LAW OFFICES OF GIDEON I. KAUFMAN, a Professional Corporation i By ideon Aaiifman GK kw MEMORANDUM TO: City Attorney City Engineering Department Building Department PLANNER: Colette Penne RE: Mountain River Manor - Subdivision Exception DATE: November 8, 1982 Attached is an application submitted to the Planning Office requesting amendment to condominium approval for the Mountain River Manor Condominiums. Specifically, the project received initial condominium approval in the winter of 1981, and currently is seeking approval as studio apartments --an action which would require amendment to the condominium plat. Please return any comments you may have with regard to this application to the Planning Office no later than Tuesday, November 23, as the item is scheduled to go before the Aspen P & Z on December 7. Thank you. • ASPEN/PITKIN PLANNING OFFICE •. 130 South Galena Street - Aspen, Colorado 81611 (303) 925-2020 67'�— 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 63727 47350 52100 EXCEPT/EXEMPTION 63728 47350 52100 REZONING 63729 47360 52100 SPECIAL REVIEW SUB -TOTAL County 00113 63711 - 47331 52200 GMP/GENERAL 63712 47332 52200 GMP/PRELIMINARY 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 SUB -TOTAL 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 Name: _ Address Check No. Additional Billing: Phone: Project: Date: No. of Hours: • CITY OF MEMO FROM GARY S. ESARY ASPEN CRY OF ASPEN 6 MEMO FROM KATHRYN KOCH Ile K,�