HomeMy WebLinkAboutcoa.lu.ec.420 E Cooper.1982-EC-02MqQ-4EC- as
.Red Onion - Condominiumization --
0 •
MEMORANDUM
TO: Aspen City Council
FROM: Colette Penne, Planning Office
RE: Red Onion Subdivision Exception (Condominiumization) and GMP Exemption
for Unit #3 _ _A
DATE: March 8, 1982
APPROVED AS TO FORM:
Location: Lots N, 0, and P, Block 89, O.A.T. (420 E /doper)
Zoning: CC
Applicant's
Request:
Recondominiumization of the Red Onion
building to include
the new unit (Unit
#5) alloted in the
1981 GMP competition
and the southerly
1,081 square feet of
Unit #3 for conversion
to office space as
part of Unit #5.
The remainder of Unit #3
will be converted
to other commercial
uses. Both sections
of Unit #3 must be
exempted from GMP
competition for the
conversions to office
and commercial
uses to be allowed.
Referral
Agency
Comments:
City Attorney
Compliance with Section 20-22 of the Municipal Code has
traditionally not been applied to the condominiumization of
commercial units.
Building Department
Electrical services are outdated, exits are inadequate, and
typical contruction is not allowed. The applicant will have
to work with the Building Department to rectify existing
problems.
Engineering Department
1. The applicant should submit a revised plat following
construction when a field survey may be undertaken to
verify the dimensions and location of the new space.
2. The applicant should be required to relocate all of the
existing gas, electric, telephone and TV meters and
pedestals into the protected area off the alley north of
Unit #4. The estimated cost of this work should be
escrowed.
3. The applicant should update the plat to show last summer's
significant renovation work.
Planning
Office
Review: In June of 1980, the Red Onion originally condominiumized
their complex on the Cooper Street Mall. The applicant's
proposal is to split off the southerly 1,081 square feet of
Unit #3 (which is at present sealed off from use) and convey
it as part of Unit #5. Unit #5 is a new second -story unit
which has been awarded an allotment in the 1981 Growth
Management competition. All of the Unit #5 space will be
used for offices. The remaining northerly portion of Unit #3
will be converted for other commercial uses.
The Red Onion has been identified in the Inventory of Historic
Sites and Structures for the City of Aspen as being an "Excep-
tional" structure (the highest category). Section 24-
11.2(b) of the Municipal Code lists an exemption from the GMP
allotment procedure for "the enlargement of, or change of use in,
a structure which has received individual historic designation."
•
Memo: Red Onion
Page Two
March 8, 1982
The owners requested designation in late October and the
process has not been completed because the building is in
the Commercial Core Historic District and designation of
those buildings in historic districts was given a lower
priority. First reading of the designation ordinance listing
the Red Onion is on tonight's agenda.
Planning and
Zoning
Commission
Action and
Planning Office
Recommendation: The Planning Office recommends that the action recommended
by the Planning and Zoning Commission be followed by Council.
That action is to grant subdivision exception for the purposes
of condominiumization of Unit #5 (which includes the southerly
1,081 square feet of the present Unit #3) with the three
conditions outlined in the Engineering Department's memo.
Further, that Unit #3 be exempted from the GMP competition
due to the provision in Sec. 24-11.2(b) of the Municipal
Code under the conditions that the individual historic
designation of the building be obtained and the recommendation
of the Building Department be followed.
Council Action: The appropriate motion is as follows:
"I move to grant subdivision exception for the purposes
of condominiumization for the new Unit #5 of the Red
Onion Condominiums (which will include the southerly
1,081 square feet of the present Unit #3) with the following
conditions:
1. The applicant should submit a revised plat following
construction when a field survey may be undertaken to
verify the dimensions and location of the new space.
2. The applicant should be required to relocate all of
the existing gas, electric, telephone and TV meters
and pedestals into a protected area off the alley
north of Unit #4. The estimated cost of this work
should be escrowed.
3. The applicant should update the plat to show last
summer's significant renovation work.
I further move to exempt Unit #3 from GMP competition due
to the provision in Sec. 24-11.2(b)of the Municipal Code
under the following conditions:
mil! That the historic designation be obtained for the Red
Onion.
�. That the recommendations of the Building Department
concerning the necessary revisions to meet life,
health, and safety standards are followed."
• 0
LAW OFFICES
OATES, HUGHES & KNEZEVICH
PROFESSIONAL CORPORATION
SUITE 200
600 EAST HOPKINS AVENUE
LEONARD M. OATES ASPEN, COLORADO 81611
ROBERT W. HUGHES
RICHARD A. KNEZEVICH
DEBORAH QUINNDecember 17 1981
UI
Mr. Alan Richman
Assistant Director, City of
Aspen Planning Office
130 So. Galena
Aspen, Colorado 81611
1
DEC 21 1981
ASPEN / PITKIN CO.
PLANNING OFFICE
AREA CODE 303
TELEPHONE 920-1700
TELECOPIER: 9201121
Re: Condominium Unit #3, Red Onion Condominiums -
Resubdivision
Dear Alan:
Following up on our meeting held in your office prior to
Thanksgiving regarding resubdivision of Condominium Unit
#3, Red Onion Condominiums, at which you, myself, Chris
Tolk, and Charles Israel were present, I am forwarding to
you this letter which shall constitute our application for
the granting of the required approvals for the resubdivi-
sion of Condominium Unit #3 of the Red Onion Condominiums.
The sense of that meeting was that if the space did not
constitute a suitable area for employee housing, that no
requirement would likely be placed upon the owners to
develop the same into adequate employee housing. You and
I visited the site to determine the layout and condition
of the unit and you were going to have someone from the
building department look at the space for verification.
Generally, I think that you and I were in agreement that
the area is currently either unoccupied or being used for
storage and/or office uses in connection with the Red Robin
at the Red Onion operation, and its condition is obviously
flop -house or slum like and has clearly been in that con-
dition for some period of time.
The redevelopment which we would like to occur with respect
to Unit #3 would be the ability to break off the southerly
1,081 square feet of the unit (that is the portion which is
sealed off from current use) and convey that to Reese
Henry and Associates, the group who has sought and obtained
Growth Management approval for the new development over and
above Unit #4. That southerly 1,081 square feet is pro-
posed to become a part of that accounting firm's offices.
As long as we are going through the procedure, we would
OATES, HUGHES & KNEZEVICH, P. C.
Mr. Alan Richman
City of Aspen Planning Office
December 17, 1981
Page Two
like to then utilize the remainder, i.e., the northerly
portion of the unit consisting of numerous rooms into
other suitable commercial use or uses, both of which
spaces will gain access to the property by virtue of the
accesses which have been reserved in Unit #4 and have
been presented as a part of the Growth Management applica-
tion previously approved.
As a part of this overall process, we would as well like
to create a new additional Condominium Unit #5 under the
framework of the Condominium Declaration for the Red Onion.
This new Unit #5 would be the property for which develop-
ment rights were obtained under the recent Growth Management
proceedings. The current condominium documentation and
condominium map are proposed to be supplemented in order
to accomodate the creation of the new air space unit there-
under.
I am really not certain what the fee structure is for what
we propose. If you would be so kind as to calculate the
requisite fee, I will tender Red Onion Investor's check
so as to commence the process. My belief is that with the
development of the working drawings for the new Condominium
Unit #5 and the existing map for the remainder of the units
that we have enough engineering and technical data with
which to currently go forward with the request. We would,
of course, be ready, willing and able to supplement the
currently existing documentation with that which will be
required to go of record upon completion of the approvals.
I would anticipate that material being developed in the course
of the various approval stages for this request.
Very truly yours,
OATES, HUGHES & KNEZEVICH, P.C.
LEONARD M. OATES
LMO/mlp
cc: Charles Israel
Chris Tolk, Reese Henry & Associates
John Seigle, Sachs, Klein & Seigle
0 •
LAW OFFICES
OATES, HUGHES & KNEZEVICH
PROFESSIONAL CORPORATION
SUITE 200
600 EAST HOPKINS AVENUE
LEONARD M. OATES ASPEN, COLORADO 81611
ROBERT W. HUGHES
RICHARD A. KNEZEVICH
DEBORAH OUINN December 29, 1981
Mr. Alan Richman
Assitant Director
City of Aspen Planning Office
130 So. Galena
Aspen, Colorado 81611
Re: Red Onion Condominium
Expansion and Resubdivision
Dear Alan:
AREA CODE 303
TELEPHONE 92Q-1700
TELECOPIER 920-1121
You will please find enclosed herewith the following items
which, as we discussed previously by phone, are the items
required by you to complete the application which I pre-
viously submitted by letter:
1. An ownership and encumbrance report to evidence
title to the subject property.
2. A copy of the conceptual plat for the additional
and resubdivision.
3. A check in the amount of $50.00 in payment of
the filing fee for the application.
Please contact me with respect to any additional items which
you need and we will provide them as soon as possible.
Very truly yours,
OATES, HUGHES & KNEZEVICH, P.C.
LEONARD M. OATES
LMO/mlp
Enclosures
cc: Charles Israel
P.S. The conceptual Plat is based upon previous conversations
which Lou Beuttner has had with Jim Reser on other unbuilt
projects. Jim feels that it is the best he can do at this point
in time. LMO
Recorde
d at 10 :O1M1 March 2. 1981 Loretta Banner Pecepticn ;;r,,
Pecorder
STATEMENT OF EXEMPTION FROti
• S: x` ;;:,. THE DEFINITION OF SUBDIVISION � ='
WHEREAS RED ONION PARTNERSIfIP, is the owner of a-
7% ;; parcel Of -land located in Pitkin Count
t ;.,�.• _ i ...� • ty, Colorado, more part- t, '
icularly described as: '
•..` ='':, . •�}:Lots N, 0 and P, Block 89, City.
and Townsite of Aspen, Pitkin :7
County, Colorado
` WHEREASthere exists on
Ai
.w-1�''*iik.1- <•s,.- saidproperty structure
partners .which the . hip wishes to create separate interests - -s;=_•�,��
`n ^I ` t arcelin the which said s
s r vithou� p g land on w structure is situ
;4 , ,• _ a ted;
r.4 };_ _t- 'Y; WHEREAS, theze has been made n a ication
a ' for
r It exsmption' for IV
the' definition f -
y„ o subdivision for such convey -
' ~ 1j • of interests pursuant to Section 20-19 of h
. � ,- _; �. 9� .- -. .. !: •. •. .. C apter 20 of the
- _ 'Aspen Municipal Codei and
' �� ,• :-.,. WHEREAS <'' -- •s.::�`-
, the Aspen Planning and Zoning Comma i?t
-+• I~'. Y n9 Commission, �'_�: _ ,
,__ `"•� =t':-j.
at
ts; •.•me'__ at.i.nq..,.heldJune 17 1980, has determined that
such
exemption, is aopropriate1 and
WHEREAS, the City Council has found the proposed "r
;..;; division of interests in the existing structure to be without
`i the intents and purposes of subdivision regulation, and on
July 14, 1980 approved the partnership's application for
! exemption from the definition of subdivision.
THEREFORE, the City Council of the City of Aspen
does hereby determine that the proposed division of the interest
'j in the structure situated on the above described land is without
the.intents and purposes of subdivision regulation, -an
d does
fo- such reason, grant an exemption from the definition of
' subdivision for such action. �c'�-t•''
The onorAble P.erman Edel,
Mayor of the City of Aspen
CERTIFICATION
_
I, KATHRYN S. KOC}l, do certify that the foregoing
.: .,'_i:►}
Statement of Exemption from the Definition of Subdivision
was
considered and approved by the Aspen City Council at its regular
meeting held .:ul 14
•. 1► , 980, at which time the Mayor, fIERMA?J
?+
' EDEL, was authorized to execute the same on behalf of the
Aspen.
� �- �
' � / �./• SLR
. .
, {..�t
'.i
r
•, KatFiryn S,, Koch
'
STATE OF .COLORADO
' COUNTY OF PITKIN )
"� ��: '�,`•e '
. The foregoing was subscribed and sworn to before me
c day 1981 by Herman Edel,
_ t
'
�Mayor of
y of Aspen.
Witness my hand and official Seel.
•1•
My commission expiress,�lo�Gl��
_
A
r u lie r
=r`
STATE OF COLORADO
s s .
• COUNTY OF PITKIN )
...•.
••, � :.
The foregoing was subscribed sworn to before me
• thia day of/ 1981 by Ka; a S. Koch.
Witness my�-h d and official seal.
• My commission expires:31a>9o1
- - Notar Btiblic
N.
r� l
r e, .
RECORD OF PROCEEDINGS 100 Leaves
Iwo Y c. I. Mare S/L 1.0. • .. co. -- _•
Regular Meeting Ashen Planning and Zoning Commission June 17, 1980
The Aspen Planning and Zoning Commission held a regular meeting on June 17, 1980,
at 5:00 P.M. in the City Council Chambers. Members present were Olof Hedstrom
Welton Anderson, Roger Hunt, Lee Pardee and Joan Klar. Also present were Sunny
Vann of the Planning Office, City Attorney Ron Stock and Assistant, and Hill_
Dunaway of the Aspen Times.
kpproval of Roger Hunt questioned the wording of minutes of April 22,
Minutes 1960 for the can, then of the minutes of May 06, 1980
page 2, is Peter Guy and in paragraph mechanizium, should
be corrected. Olof Hedstrom corrected obstained to
abstained in all minutes and with those corrections he
entertained a motion to approve with corrections noted,
z the minutes of April 22, 1980 and May 06, 1980. Lee
Pardee so moved, Welton Anderson seconded the motion,
all in favor, motion carried.
2ommissionmembers Olof Hedstrom noted the letter for a Special Meeting
--omments to be held July 1, 1980. Karen Smith commented there
will be a discussion on the Condominiumization Policy,
and the purpose Council has initiated an Ordinance for
Subdivision which would repeal the Condominiumization
Review and repeal that section, which has the P & Z and
Council look at displacement for the reason that it is
rewarding the person who has gouged their tenants over
the years and penalized the person that has been fair.
Roger Hunt commented that if the City Council wants to
be the policemen of paperwork then let us do the planning
and maybe we should streamline the subdivision procedures
so it goes directly to Council. If they are not interest-
ed in our recommendations then we could be just doing
the planning. Most of our regular meeting times is spent
being a rubber stamp and the planning takes special times.
Karen Smith commented that the Planning Office is also
spending more time on administrative matters and with
more of a streamline process that they should be able to
do more planning themselves. As far as the Pro Shop, it
is proceeding along the lines that you have approved and
it has been painted and to be landscaped and to be refer-
red to the City Engineer for approval by the Parks Direc-
tor as recommended by you. The Aspen Institute will come
up for its second reading on July 14, 1980.
Zed Onion Subdivi- Sunny Vann of the Planning Office introduced the Red
;ion Exemption Onion Subdivision Exemption and stated this is in the
packets again and the discussion on employee housing is
before you again.
Ashley Anderson commented that the points of interest are
concerning the description of the units and the unit 1,
is the old resturant, unit 2 is the old bar, unit 3 are
the units on the second floor, and unit 4 is the old
Gormet Room and the night-club. The units on the second
floor consist of 6 rooms, one being an eighth of the
space is an office and has been, the other 5 were used
for employee housing and not rented but used for the
employees working there. It is not our intent to use this
space for residential space and if we did we would sub-
mit to any reasonable employee restrictions. These units
are not legal housing units but just rooms.
-2-
RECORD OF PROCEEDINGS 100 Leaves
CM M C./.-ICK11 ..I. • L. CA--
jular Meetinc
Aspen Planni
and Zoni
Commission June 17, 1980
Welton Anderson moved to recommend approval of the Red
Onion Subdivision Exemption subject to the.owner/appli-
cant complying with the stipulations outlined in the
Engineering Department's memorandum. dated May 21, 1980,
subject to the compliance with the provisions of Section
2.0-22 concerning deed restrictions for employee housing,
if occupied. Lee Pardee seconded the motion. Roger Hunt
strongly urged the members to vote against this motion
as there is no obligation on the part of the developer to
maintain employee housing units as has been recorded in
the past and further the splitting of this property is
such that it appears that they are dividing all these in
such a way to be profitable for no one except the bar
and loose the resturant future. I believe it is not in
the best interest of the community to allow this condo-
miniumization. Welton Anderson then stated he would like
to amend his motion to include reference in the condomi-
niumization recorded deed, a subdivision exemption state-
ment noting the existing present uses or prior uses of
unit 3, which has a previous history of residential
housing and now that the use is modified to commercial in
the future, that Growth Management Plan approval is
necessary, (suggested by Ron Stock). Lee Pardee seconded
the motion as amended. Lee Pardee, Welton Anderson and
Olof Hedstrom voted aye. Joan Klar and -Roger Hunt voted
nay. Motion is carried 3 to 2.
tream Margin Karen Smith introduced the Stream Margin Review for the
eview- Visual Arts Aspen Center for the Visual Arts by the City of Aspen,
for landscaping work done on the old Holy Cross property.
In the memorandum Karen had tried to review what the
Roaring Fork Greenway Plan says about this area, because
one of the criteria the P & Z is charged to looking to,
is consistency with the Roaring Fork Greenway Plan. In
the 1972 Greenway Plan this site was recommended for Public
Aquisition and is being used in consistence with this Plan.
The landscaping program only inhances its consistency with
that plan, if done under criteria that are consistent with
the plan. The only recommendation the Planning Office
would make is that the sodding of the area be limited to
an area very close to the building and the rest of the
area be seeded with a grass mixture that is recommended in
the plan. The tree planting that is proposed is very
consistent with the vegetation designated with that area.
The addition of the berm is the only thing that conflicts
with flood plain but, the County Engineer has recommended
that it would not increase the flood hazard either to this
property or up stream, and if plans consistent with the
Roaring Fork Greenway are implimented to rechannel the
river to its original coarse, the flood hazard on this
property would be mitigated. Your recommendation, we
would suggest, be conditioned on the eventual paving of
the trails linkage and construction should be overseen by
the Building Inspector and sodding be limited to the area
immediately surrounding the building and that a seeding
mixture consistent with that recommendation in the appen-
dices of the plan and consistent with the recommendation
of the County Engineer, there should be no placing of
improvements or materials that could float in the circum-
stance of a flood and non of those improvements should be
placed anywhere on this property.
Olof Hedstrom entertained a motion to recommend approval
of the Stream Margin Review to the Building Inspector
-4—
RECORD OF PROCEEDINGS 100 Leaves
1!. 4 C. f. Mnf(R(l B. R. • L. [0.---
Regular Meetinq Aspen Planning and Zoning Commission June 03, 1980
Joan Klar moved to recommend subdivision exemption for
the Duvike Subdivision, subject to the Engineering Depart-
ment's comments in their memorandum dated May 21, 1980
and the underground conduit will be done in a manner that
meets the approval of the applicant and the Engineering
Department. Perry Harvey seconded the motion. All in
favor, motion carried.
Red Onion Subdivi- Richard Grice introduced the Red Onion Subdivision Exemp-
sion Exemption tion, which consist of condominiumization of a commer-
cial space and there is no displacement issue involved.
The Planning Office has included in the packet, the
Engineering Department's complete recommendations dated
May 21, 1980 and subject to the conditions outlined,
and we do recommend approval.
Roger Hunt commented that there are four employee -type
units on the second floor and we have insufficient in-
formation.
Ashley Anderson commented -that we are not doing anything
to the units in question that could not be done anyway.
I thought it was office and is going to be used for
commercial space.
Olof Hedstrom entertained a motion to table this appli-
cation pending the use occupancy, rental history infor-
mation and clarification and whether long term residen-
tial housing for the second floor, for the last 18 months
to two years and clarification of the descrepancies in
the condominium map and written discription. Perry
Harvey so moved. Joan Klar seconded the motion, all in
favor. Motion carried.
Perry Harvey moved to adjourn the meeting at 6:45. Lee
Pardee seconded the motion, all in favor. Meeting
adjourned. ,
Sandi Meredith, Deputy City Clerk
MEMORANDUM OF OWNERSIRP
ACCOMMODATION - NO LIABILITY
Please direct correspondence to:
r
530 E. MAIN STREET
ADDRESS
OATES, HUGHES & KNEZEVICH
600 E. HOPKINS ASPEN, COLORADO 81611
CITY STATE ZIP CODE
ASPEN, COLORADO 81611
ATTN: LENNY OATES ORDER NUMBER 7300231
L J
Description: RED ONION CONDOMINIUMS, according to the Plat thereof
recorded in Plat Book 11 at Page 15 of the records of
the Pitkin County, Colorado Clerk and Recorder and as
defined and described in Condominium Declarations re-
corded in Book 404 at Page 941; Statement of Exemption
recorded in Book 404 at Page 937; and Covenants recor-
ded in Book 404 at Page 939.
Grantee in last instrument apparently transferring ownership:
RED ONION INVESTORS, A JOINT VENTURE RECORDED IN BOOK 406 AT PAGE 463.
Trust deeds and mortgages apparently unreleased:
BOOK PAGE
417 315
Liens and judgements (against last grantee) apparently unreleased:
LIEN 418-637
LEASE 407-552 LIEN 418-750
LEASE & OPTION 412-582
This information is for your sole use and benefit and is furnished as an accommodation. The information has
been taken from our tract indices, without reference to, or examination of, instruments which purport to
affect the real property. The information is neither guaranteed nor certified, and is not an Abstract of Title,
Opinion of Title, nor a Guaranty of Title, and our liability is limited to the amount of the fees.
Date: DECEMBER 18 , 19 81 , at 8:00 A.M.
TpansamericaTr le Insurance Company
By
Form No. C467
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Er
Aspen/Pitkin Planning Office
130 south galena street
aspen, colorado . 81611
MEMORANDUM
TO: City Attorney
City Engineer
Building Inspector
FROM: Colette Penne, Planning Office
RE: Red Onion Condominiumization
DATE: December 30, 1981
Attached is an application by the Red Onion Investors to re-
condominiumize their building, including a new unit related to
their recent GMP approval. This application is scheduled to be
heard before P & Z on February 2, 1982. Therefore, may I please
have your comments no later than January 20, 1982.
Thank you for your assistance.
CASELOAD SUMMARY SHEET ^— Q
City of Aspen
r Q=6
1. DATE CERTIFIED COMPLETE: STAFF:
2. APPLICANT:
3. REPRESENTATIVE: %1--e "�j 0_a_�e S
4. PROJECT NAME: ��.,,w Cow-�Lo,a.��•—.'�A'
5. LOCATION: CIO 1 V1,
6. TYPE OF APPLICATION:
4 Step: GMP
PUD
Subdivision
2 Step: ✓ Subdivision Exception (- Co :1 :1111-- )
1 Step:
No. of Steps:
GMP Exception
Rezoning
SPA
Use Determination
Conditional Use
Special Review (_
HPC
Other:
7. CONCEPTUAL REFERRALS:
_Attorney
Engineering Dept.
Housing
Water
City Electric
Sanitation District
Mountain Bell
Parks
goly Cross Electric
✓ Fire Marshal/Building Dept.
School District
Rocky Mtn. Nat. Gas
State Highway Dept.
Other
8. DISPOSITION - CONCEPTUAL REVIEW:
P & Z Approved_ Denied Date 2111,
Condominiumization of Unit #5 (to be built) and the southerly 1,081 square
feet of Unit #3 as part of Unit #5 for use as office space. The northerly
portion of Unit #3 be exempted from GMP competition due to the provision in
Sec. 24-11.2(b) of the Municipal Code under the following conditions:
1. That the historic designation be obtained for the building.
2. That the recommendation of the Bld. Dept. concerning the necessary
revisiqns to meet life, health and safety standards are followed.
0 40 40
Counci 1_,� Approved ✓ Denied_ Date
9. PRELIMINARY PLAT REFERRALS:
Attorney Sanitation District School District
Engineering Dept. Mountain Bell Rocky Mtn. Nat. Gas
Housing Parks State Highway Dept.
Water Holy Cross Electric Other
City Electric Fire Marshal/Building Dept.
10. PRELIMINARY PLAT - PUBLIC HEARING
P & Z Approved Denied Date
11. FINAL PLAT
Council Approved Denied Date
12. ROUTING:
Attorney
Budding _____Engineering Other
0
•
CITY OF ASPEN
130 south galena street
aspen, colorado 81611
MPMnPAMnTTM
DATE: January 15, 1982
TO: Colette Penne
FROM: Paui Taddun, i
RE: Red Onion Condominiumization
To the extent applicable with respect to existing dwell-
ing units, the requirements of Section 20-22 of the
Code, which imposes additional requirements for condo-
miniu►nizati'o,�� subdivision applications, should be com-
plied with.Miith respect to the commercial units) It is
my understanding that the requirements of Section 20-22
have traditionally not been applied to the condominiumi-
zation of commercial units.
PJT:mc
•
•
MEMORANDUM
TO: Collette Penne, Planning Officers
FROM: Jay Hammond, Engineering Department
DATE: January 21, 1982
RE: Recondominiumization of the Red Onion, Lots N, 0,
and P, Block 89, O.A.T.
Having reviewed the above application for condominiumization
of a new unit proposed for constrcution on the existing Red
Onion, the Engineering Department has the following comments:
1. The applicant has submitted a revision of the
condominium plat that was recorded originally in March of
1981. The plat has been revised to indicate the floor plan
of a proposed unit 5 that was recently granted a GMP allotment.
While it may be possible to obtain condominium approval for
a unit that does not exist, it is not possible to record a survey
plat of same. The applicant should be required to submit the
revised plat, signed and sealed by a surveyor, following
construction when a field survey may be undertaken to verify
the dimensions and location of the new space.
2. When the Red Onion was first submitted for condominium
approval, in May of 1980, I wrote some comments to Sunny Vann
in a memo dated May 21. One comment of particular concern
to this office involved the provision of concrete -filled steel
pipe pedestals to protect the telephone box and gas meter in
the alley. In further correspondence with the planning office
as well as the renovation contractor in July and September of
1981, we further requested that these meters and pedestals be
relocated to the protected trash/utility area being created
adjacent to the alley. The applicant has done neither.
The owner/applicant should be required to relocate all of the
existing gas, electric, telephone and TV meters and pedestals
into the protected area off the alley north of unit 4. They
should further be required to obtain estimates for the work
from the utilities and contractorsand escrow the amount in
an interest bearing account to be released following completion
of the work after approval by this office.
3. The plat should be updated to reflect the significant
changes due to last summers renovation work.
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ASPEN*PITKIN'SREGIONAL BUILGI& DEPARTMENT
MIEMORA-17DUM
TO: Alan Richman, City Plannin Dept
FROM: Herb Paddock, Chief Building Official
DATE: January 28, 1982
RE: Condominization of Red Onion #3
This is approximately the third review process asked for in
the last 12 months on the proposed condominization. The Building
Department has reviewed this several times with Onion owners,
architects, and potential contractors.
The proposed condominization versusk ype of occupancy does not
comply with typical mandatory construction practices in so
much as fire, life and safety. Electrical services are outdated,
exits are inadequate, and typical construction is not allowed.
Perhaps the owner requesting said condominization would lend
the Building Department assistance in rectifying existing
problems. I would not, at this time, recommend or support
condominization without additional information from the
applicant.
506 East Mein Street Aspen, Colorado 81611 303/925-5973
C
•
MEMORANDUM
TO: Aspen Planning and Zoning Commission
FROM: Colette Penne, Planning Office
RE: Recondominiumization of the Red Onion
DATE: February 2, 1982
Location: Lots N, 0, and P, Block 89, O.A.T. (420 E. Cooper)
Zoning: CC
Applicant's
Request: Recondominiumization of the Red Onion building to include the
new unit (Unit #5) allotted in the 1981 GMP competition and
conversion of space in a previously -formed unit (Unit #3).
Referral Agency
Comments: City Attorney
Compliance with Section 20-22 of the Municipal Code has tradi-
tionally not been applied to the condominiumization of commer-
cial units, but should be required with respect to any existing
dwelling units.
Engineering Department
1. The applicant should submit a revised plat following con-
struction when a field survey may be undertaken to verify
the dimensions and location of the new space.
2. The applicant should be required to relocate all of the
existing gas, electric, telephone and Tel meters and pedestals
into the protected area off the alley north of Unit 4. The
estimated cost of this work should be escrowed.
3. The applicant should update the plat to show last summer's
significant renovation work.
Building Inspector
1 Electrical services are outdated, exits are inadequate, and
typical construction is not allowed. The applicant will have
I to work with the Building Department to rectify existing
problems. The Building Department would not, at this time,
recommend or support condominiumization of Unit #3 without
additional information from the applicant.
Planning Office
Review: In June of 1980, the Red Onion originally condominiumized their
complex on the Cooper Street Mall. At that time, one of
the condominium units formed (Unit #3) was considered to have
had a previous history of residential housing and language was
attached to the condominium plat which reads, "A change in the
use of Unit No. 3 from employee housing to commercial must pro-
ceed through the City of Aspen Growth Managment Plan unless
otherwise exempted therefrom."
The 1944 Growth Management competition awarded an allotment for
a new second -story unit (Unit #5) which is also before you for
condominiumization.
The proposal for Unit #3 is to split off the southerly 1,081
square feet of the unit (which is at present sealed off from
use) and convey it as part of Unit #5. It would then be used
as part of the office space which will occupy Unit #5. The
applicant would further like to convert the northerly portion
of Unit #3 into other commercial uses.
Memo: Recondominiumization of the Red Onion
Page Two
February 2, 1982
A site inspection revealed that on the top floor, the present
restaurant operation is occupying a space for office use and
other rooms were in a sort of "flophouse" condition with no
evidence of occupancy.
This section of the building was at one time used as a sleeping
room accommodation for employees of the restaurant. There is
not a kitchen in this space and bath accommodations are minimal.
It is unlikely that this living space has been occupied in the
past 18-month period. It is the opinion of the Planning Office
that requiring conversion of this space to employee housing is
probably unwarranted. Further conversion of it to commercial
and office use without an allotment being granted through the
Growth Management process is equally unwarranted. This space
could have been included in the 1981 Growth Management competi-
tion.
Planning Office
Recommendation: The Planning Office recommends approval of the request for
subdivision exception for the purposes of condominiumization
of Unit #5 of the Red Onion Condominiums and denial of the
inclusion of a portion of Unit #3 in that newly -formed
condominium unit or any conversion of Unit #3 to commercial
use without:
1. Growth Management review and approval; and
2. The recommendation of the Building Department that the
necessary revisions have been made to meet life, health
and safety standards.
The following conditions are recommended for attachment to the
approval for Unit #5;
1. The applicant should be required to submit the revised
plat, signed and sealed by a surveyor, following con-
struction.
2. The owner/applicant should be required to relocate all
of the existing gas, electric, telephone and TV meters
and pedestals into the protected area off the alley north
of Unit #4. The estimated cost of this work should be
escrowed prior to the work.
3. The applicant should update the plat to show last summer's
significant renovation work.
•
•
A G E N D A
ASPEN PLANNING AND ZONING COMMISSION
February 2, 1982 - Tuesday
5;00 P.M.
CITY COUNCIL CHAMBERS
Regular Meeting
I. COMMISSIONERS' COMMENTS
II. MINUTES
III. NEW BUSINESS
A. Red Onion Subdivision Exception (Condominiumization)
IV. PUBLIC HEARINGS
A. 700 South Galena - Preliminary Plat
B. Golf Course Subdivision - Preliminary Plat
C. 1982 Residential GMP Applications
Sunny Park
V. ADJOURN MEETING
•
u
MEMORANDUM
TO: Aspen Planning and Zoning Commission
FROM: Colette Penne, Planning Office
RE: Recondominiumization of the Red Onion -- Exemption from GMP for conversion
of the space of Unit #3
DATE: February 16, 1982
Background: At the February 2 meeting of the Commission, Unit #5 at the
Red Onion (the new second -story unit which received an allot-
ment in the 1981 GMP competition) was approved for condominiumi-
zati.on with three conditions attached.
Still to be decided is the future of the space comprising Unit #3.
This space is unimproved, and the applicant's request is to con-
vert the southerly 1,081square feet of the unit for use as office
space and convey it as part of Unit #5. The applicant would
further like to convert the northerly portion of Unit #3 into
other commercial uses.
Investigation as to prior use indicated (from the GMP Inventory
sheets) that the use was residential. However, in Section
24-11.2(b) of the Municipal Code, an exemption from the GMP
allotment procedure is provided for "the enlargement of, or
change of use in, a structure which has received individual
historic designation." The Red Onion building has been identi-
fied in the Inventory of Historic Sites and Structures for the
City of Aspen as being an "Excepti.onal" structure, which is
the highest category. The owners have sent a written reply
requesting the designation and this process has not been completed
because the building i.s in the Commercial Core Historic District,
and those buildings have not been through the process. HPC has
reviewed designation of the Red Onion building and recommended
it to Council. It now has to be processed through ordinance
adoption.
Planning Office
Recommendation: The Planning Office recommends that the Planning and Zoning
Commission recommend to City Council subdivision exception for
the purposes of condominiumi.zation of the southerly 1,081 square
feet of Unit #3 as part of Unit #5, for use as office space.
Further, that the northerly portion of Unit #3 be exempted from
the GMP competition due to the provision in Sec. 24-11.2(b) of
the Municipal Code under the following conditions:
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1. That the historic designation--preee&s be oe � for ltte
the building.
2. That the recommendation of the Building Department concerning
the necessary revisions to meet life, health and safety
standards are followed.
LEONARD M. OATES
ROBERT W. HUGHES
RICHARD A. KNEZEVICH
DEBORAH OUINN
• 0
LAW OFFICES
OATES, HUGHES & KNEZEVICH
PROFESSIONAL CORPORATION
SUITE 200
600 EAST HOPKINS AVENUE
ASPEN, COLORADO 81611
February 25, 1982
Ms. Colette Penny
City of Aspen Planning Department
130 So. Galena
Aspen, Colorado 81611
Re: Condominium Unit #3, Red Onion Condominiums
Dear Colette:
AREA CODE 303
TELEPHONE 920-1700
l.E FCOPIER 920-1121
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Confirming our telephone conversation of February 24,
1982, this letter is to advise you that upon the removal of
restrictions relating to Condominium Unit #3, Red Onion Condo-
miniums by virtue of its Growth Management Exemption as a
historic structure, Red Onion Investors fully intends to pro-
ceed in the process of the redevelopment of Unit #3, and the
construction of the new Unit #5 which has been approved under
Growth Management in the 1982 allotment to fully renovate
Unit #3 so as to remove the deficiencies from a building
code standpoint which obviously exists with respect to Unit
#3 and its current condition. We have been constrained against
doing so up to now because of the limitations upon the utiliza-
tion thereof imposed upon the property.
Very truly yours,
OATES, HUGHES & KNEZEVICH, P.C.
LEONARD M. OATES
LMO/mlp
cc: Red Onion Investors
•SPEN/PITKIN
PLANNING
OFFICE
130 South Galena
Street
Aspen, Colorado
81611
LAND USE APPLICATION FEES
County
00100 — 63711
09009 — 00000
Subdivision/PUD
63712
Special Review
63713
P&Z Review Only
63714
Detailed Review
63715
Final Plat
63716
Special Approval
63717
Specially Assigned
City
00100 — 63721
09009 — 00000
Conceptual Application
63722
Preliminary Application
63723
Final Application
63724
Exemption
63725
Rezoning
63726
Conditional Use
PLANNING OFFICE SALES
00100 — 63061
09009 — 00000
County Land Use Sales
63062
GMP Sales
63063
Almanac Sales
Copy Fees
Other
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