HomeMy WebLinkAboutcoa.lu.ec.900 E Hopkins Ave.1982
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MEMORANDUM
TO: Aspen City Council
FROM: Colette Penne, Planning Office
RE: Mountain River Manor - Subdivision Exception (Recondominiumization)
DATE: December 27, 1 982 APPROVED AS TO FORM:~ L ~
Location:
gOO 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.
Referra 1
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 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:
,.,..
-
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
Review:
Offi ce
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-l3.3(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:
,..~
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"
"
Memo: Mountain River Manor
December 27, 1982
Page Three
1. 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."
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MEMORANDUM
TO; Aspen Planning and Zoning Commission
FROM: Colette Penne, Planning Office
RE: Mountain River Manor - Subdivision Exception
DATE; December 7, 1982
Location: 900 Eo 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.
Referra 1
Comments:
Building Department
The areas in question were converted by adding a floor over the
kitchen and bath areaso The addition contained beds, dressers,
clothes closets, lights and electrical recepticalso 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 configurationo
"The developer did an excellent job renovating these units and
they are well maintained. The additions definitely make an
otherwise small employee unit more habitableo 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 0
Filing of an amended plat could be limited to only that sheet
from the original plat affected by the new loftso The sheet
should include the following:
c
....
_.;JI
Memo; Mountain River Manor
December 7, 1982
Page Two
a. Title as Amended Plato
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 Manoro The structure is non-conforming,
in that there are 16 studio'units on a 12,000 square foot lot.
The area and bulk requi rements of the R-MF zone requi re 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 uni t.
The floor area ratio in the R-MF zone is 1;10 The building is
presently about 55 percent of its allowable FARo
Section 24-13.3(a) states that "no such nonconforming structure
may be enlarged or altered in a way which increases its noncon-
formity. 0 0"
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
FARo If the loft area is acceptable in the context of a studio
unit there will be no increase in the nonconformityo 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 increasedo
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 livableo
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:
10 Title as Amended Plato
2. Changes indicated clearly and a statement that remaining
sheets of the original plat remain in effecto
30 Signature blocks for approving authorities and Engineering
Department as well as the Clerk and Recorder's acceptance
certificate.
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MEMORANDUM
TO:
~
Colette Penne
Planning Office vtf2
Bill Drueding
Zoning Enforcement 0 cer
FROM:
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 0 When I inspected these units
the addition contained beds, dressers, and clothes closets, lights
and electrical recepticalso
The UBC nor the AMC has defined a bedroom directlyo 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 usedo 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 closeto There are no code provisions in the Uniform
Building Code for a sleeping lofto A room that is used for
sleeping by code must have proper egress, proper height of ceiling,
proper light and ventilationo 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,Ro requirement
for this zoneo However, if we now consider that the upper units
are one bedroom units, we have eight studios and eight one-bedroom
unitso 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 0 With the addition of a bedroom
this further increases its nonconformity of area and bulk requirement 0
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 FoAoRo 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 objectionso The legitimation, inspections and
penalties for the work done without permits will be handled by the
Building Department and City Attorneyo
cc: Paul Taddune, City Attorney
Alan Richman, Planning
Patsy Newbury, Acting Building Official
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STATEHENT OF EXCEPTION FROH THE FUH;
SUBDIVISION PROCESS FOR THE ~
PURPOSE OF CONDOHINIUHIZATION
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\'IHEREAS, HOUNTAIN RIVER ~1ANOR and JAHES J. MOLLICl'.
(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 !\
Bleck 26
EAST ASPEN ADDITION
c.nd also
Lot in \'lest End Street, also referred to as Lot
in Hest End Street vJest of said Block 26 in
East Aspen Addition in and to the City of
Aspen, also referred to as a Lot \'lest of Lot K
in said Block 26, East Aspen Addition in and to
the City of Aspen, described as follows:
"bounded on the ?Jorth by the liortherly line of
Block 26 extended vvesterly a distance of 30
feet; II
"bou~ded on the South by the Southerly line of
Block 26 extended \.iesterly a distance of 30
feetj"
"bounded on the East by the \iesterly line of
Lot K in said Block 26, being a distance of 100
feet;"
Ii and bounded on
Hesterly of and
~'lesterly line uf
the Hest by a
at all points
said Lot K in
line of 30 feet
pa.rallel to the
Block 26."; and
\-1HEREIlS f 1I.pplicant has requested an exception from
the full subdivision process ior the purpose of condominiuniz-
ing the building on the subject propertjjand
l:IIEREAS, the i~spen Planning and Zoning Com~ission at
its l,.~~eti:-lg u,;: !~L::'ril 21, 1981 aeterDi:1cd that such exception
~;!Ol..:lc. be c..ppropriaL.:: uEd rccoL~~cnd2d thJt the same be graLted
subj~ct to the condition d8scribcc her2after; and
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III-IEREAS, City Council determined at its meeting of
April 27, 1981 that the owner's request for such exception
\vas appropriate subject, however, to the condition described
hereafter;
NOh', 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, tha t the foregoing exception is
expressly conditioned upon the applicant's immediate recording
wi th 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.
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HEKrIAN EDEL, /1ayor
APPROYED AS TO F0F11:
/
Gary S. Esary
Assistant City Attorney
I, Kathryn S. Koch, do hereby certify 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 r'l.:lyor I Herman Edel, was
authorized to execute tIle same on behalf of the City of Aspen.
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SXHIBIT "A"
DECLnRATION OF COVENANTS, RESTRICTIONS
AND CONDITIONS FOR THE
MOUNTAIN RIVER 11ANOR
(Formerly known as the Laurilat Condominiums)
f.lOUNTAIN RIVER HANOR and JAl1ES 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 follOlving 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 OI-mer 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 H
Block 26
EAST ASPEN ADDITION
and also
Lot in West End Street, also referred to as Lot
in Ilest End Street Ilest 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 Iyesterly a distance of 30
feet; II
"bounded on the South by the Southerly line of
Block 26 extended \lesterly a distance of 30
feet; II
Itbounded on th~ East by the \v9sterly line or
l,ot E in :::-;aid r,lClc;: 26, ;;c:j_~:~ (} c1i~~t;:::;..C(-: o~ '_00
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"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 i~ Block 26.11
2. The sixteen d:lClli~g units located O~ t.h;3 above
described property shall be-: restrir:t~-:c1 to si): r")::.tlJ 1:-:ini8Uf:I.
leases \,.'i t.h liO r:1Gre than ::-;",'Q "-~hC'rt::.;~ -:.e:lill1C;ic;:; pc:c YCC1r, all as
c1efilled irl the Asne21 nU~licipiJ.l Code: S-2C--22 {b} 1 (1:: ~~:~'.i;;ndec1.
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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 yea~s, 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 tho period for which
they are binding \vi thout the prior consent of the City of
Aspen, reflected by resolution of the City Council of the City
of Aspen.
IN vlITNESS HHEREOF, this Declaration has been duly
executed this 12th day of April, 1982, by <TN1ES J. l-lOLLICA,
individually and for MOUNTAIN RIVER ~ffiNOR.
/v1tFe:e:;/-e;
IES ,/J 1l0LLICA, individually
1l0UNTAIN RIVER llt'\NOR
,
,
,
STATE OF COLORADO)
) 55.
COUNTY OF PITKIN )
1<
Tho foregoing instrument was subscribed and sworn to
before me this 12th day of April, 1982, by Jl'J'IES J. NOLLICA,
individually and for !,10UNTAIN RIVER N.i'\NOR.
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\'IITNESS my hand and Official S,eal.,,~
Ny commission cxpir(~s :2,{/~-2...-.r---"', j./ dO
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Aspen,
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DECLARATION OF COVENANTS, RESTRICTIO~
AND CONDITIONS FOR '::HE '"
MOUN'::AIN RIVER HANOR
(Formerly known as the Laur_lat Condominiums)
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r10UNTAIN RIVER MANOR and JAt1ES 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 follO\-lir:g 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 O\-lner of the following described
property, together with the improvements located thereon (an
existing sixteen-unit residential building) situated in the
City of Aspen, County or Pitkin, State of Colorado:
Lots K, L, and 11
Block 26
EAST ASPEN ADDITION
and also
Lot in West End Street, also referred to as Lot
in \'lest End Street \Iest 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 ~ortherly line of
Block 26 extended \'Jesterly a distance of 30
OT' the East by tt-,e :.8sterly line of
Lot K in said Block 26, bei~g ~ distance of 100
feet; II
l'and bou~ded O~ the ~~2S~ b~' ~
feet; II
II bounded
Block 26
feet; tl
"bounded
on the South by the Southerly line
extenciec \iester lo,' a distance of
\iesterly
~)esterly
line of 30
paro..llcl to
Bloc}: 26. II
cf an(:.
at all poir:ts
said ~()t K i:1
line of
0::
30
feet
the
2. The sixtee:-i dwelliY1g units located on tl:..Q al:)ove
described property shall be restric+:.eC: to si~.: r:~unth f'.2-~l2U~
l_t~ases with no more LflCill .'=."..,'0 ~ilC :"1.:.c:::: "'::,:-::..r:ci.~,~:: ~)cr '~'r:."~ar, ui..l 0..0
defined in the Aspen r~nicipal Cads 5~J-_:(lj), as aDclltied.
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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 'I~HEREOF, this Declaration has been duly
executed this 12th day of April, 1982, by ,JAllES J. !10LLICA,
individually and for MOUNTAIN RIVER MANOR.
/v1tf-e2-C-<'"
l ,lES J 110LLICA, individually
d f:;'y HOUNTAIN RIVER MANOR
STATE OF COLO&~DO)
) ss,
COUNTY OF PITKIN )
.._,,,,.. The foregoing instrument was subscribed and sworn to
before me this 12th day of April, 1982, by JAl-IES J. !10LLICA,
individually and for !lOUNTAIN RIVER MANOR.
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, "::-:"'\ IHTNESS my hand and Official
,.', 'lly commission expires:
Seal,
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600 E.
i"\..spen,
Public
Hopkins .i"':.~venuc
CO 81611
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MEMORANDUM
DA'l'E: April 12, 1982
TO: Kathryn S, Koch, City Clerk
FROM: Gary Esary
RE: DOClli~ents for Mayor's Signature
Attached is the original Statement of Exception in the
Mountain River Hanor Condominiums approval, As you can
see, I have approved it as to form and its Exhibit "A",
the Delcaration, has been executed and is awaiting
recording.
'l'he owners have scheduled a sale closing on tnis pro-
perty the morning of April 13, 1982, and they have
requested our assistance in having this document exe-
cuted by the Mayor before then.
G~E:mc
Attachment
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SnTEMEIIT OF EXCEPTION FROM SOBDIYISON
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, Land 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, Land 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.
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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.
?&~P'~
STATE OF ~
COUNTY OF f ~
)
) SS.
~cknow}edged, sUbscribe~n~~~orn kQ bef9r! me
of U~ ,1982, by ~~ ~
Witness my hand and official seal.
My commission expires: ,/I'f/9,2..,
J :,T
this _
, owner.
day
No:i~ ~
STATE OF COLORADO
)
) ss.
)
COUNTY OF PITKIN
Acknowledged,
and sworn to before me this
HERMAN EDEL as Mayor and
Ci ty Clerk
of the
day
subscribed
, 1982, by
as
of
City of Aspen, Colorado.
Witness my hand and official seal.
My commission expires:
Notary Public
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130
asp
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
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 the 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
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MEMORANDUM
TO: Colette Penne, Planning Office
FROM:
Jay Hammond, Engineering Office ~
DATE:
November 24, 1982
RE:
~IDuntain River Amendment to the Condominium Plat
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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
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LAW OFFICES OF
GIDEON I. KAUFMAN
A PROFESSIONAL CORPORATION
GIDEON I. KAUFMAN
BOX 10001
611 WEST MAIN STREET
ASPEN, COLORADO 81611
TELEPHONE
AREA CODE 303
925-8166
DAVID G. EISENSTEIN
October 22, 1982
City of Aspen
Planning and Zoning Commission
130 South Galena Street
Aspen, Colorado 81611
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.
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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
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BY-7~Lf~man
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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 Condominiumso 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
LAND USE APPliCATION FEES :If 1 q/7J-
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 )/'7;:; -
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
6371B - 47350 ' 52200 REZONING
63719 ' 47360 - 52200 SPECIAL APPROVAL
SUB,TOTAL
PLANNING OFFICE SALES
00113 63061 - 09100 - 52200 COUNTY COOE
63063 ,09100 ,52200 ALMANAC
63062 - 09100 - 52300 GMP
63066 - 09100 - 52300 COpy FEES
63069 ' 09100 OTHER
SUB-TOTAL
TOTAL ,;...171) -
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Address:' ;;?/'T(' ~ III ~ ') 1~ . ,
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Check No,
Additional Billing:
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Phone: <} .,{,"> '? / <;'" /
Project: A,] 'M., J,i,,, ,
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Oate: II ~ 5" 1 I
No. of Hours: