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Home My WebLink Aboutcoa.lu.ec.Saliterman, Larry 1981 iii MEMORANDUM TO: Aspen City Council FROM: Jack Johnson, Planning Office DATE: June 8, 1981 APPROVED AS TO FORM: RE: Saliterman Subdivision Exception - Condominiumization Loca ti on : Lots A and B, Block 66, City and Townsite of ~ Located at the southeast corner of Garmi sch an~ / Streets. Zoning: Lot Size: R-6 Residential 6,000 square feet Applicant's Request: This is an application by Larry N. Saliterman requesting subdivision exception for the purposes of condominiumizing an existing fourplex structure (Section 20-22). Engi neeri ng Department Comments: - The site plan as submitted includes no on-site parking, although parking is adequate in the adjacent Garmisch Street ri ght-of-way. - The applicant should be required to join a sidewalk improvement district in the event one is formed. - The applicant should be required to provide a ten foot by seven foot electric/communications easement on the southeast corner of the property to accommodate electric transformers, etc., in the event the alley is undergrounded. Attorney's Comments: Applicant must demonstrate compliance with the require- ments of Section 20-22 of the Code. Building Department: The Building Department has inspected the structure and identified necessary improvements to eliminate potential hazards to fire, health and safety of person and property. The applicant's legal representative consents to most, if not all, of the improvements. An electrical inspection will be performed prior to City Council meeting. The status of these inspections will be made to Council at the meeting. Planning Office Comments: This rental fourplex contains approximately 2340 square feet (580 sq. ft. per unit) and constitutes a non-conforming use in the R-6 zone. The condominium conversion of non- conforming structures is not specifically regulated in the Code. There are no specific parking requirements im- posed on a conversion project. At the present time, adequate parking does appear to exist to the west of the structure in the Garmisch Street right-of-way. Should improvements to Garmisch Street be necessary, the present ""'. ....... Memo: Saliterman Subdivision Exception - Condominiumization June 8, 1981 Page Two parking situation may be interrupted, requiring alter- nate parking arrangements to be made. The southerly 35 feet of the subject property offer the most likely solution to on-site parking, should it become necessary. In evaluating the rental history of these four units, it appears that none of the units have rented for terms in excess of one month periods at a price within the current guidelines for low, moderate and middle income housing within the past eighteen (18) months. Planning Office Recommendations: The Planning Office recommends approval of the applicant's request for subdivision exception for the purposes of condominiumization subject to the following conditions: 1. Compliance with requests by the Engineering Depart- ment as per memo dated April 9, 1981. 2. Full compliance with Section 20-22 of the Municipal Code regarding written notice to tenants offering unit for sale, minimum six month restricted leases, etc. P & Z Action: 3. Any conditions set forth by the Building Department subsequent to building inspection. 4. Provision of adequate off-street parking to the south of the fourplex in the event of a sidewalk improvement district or other reasons which may require abandonment of the present parking arrange- ment. At its regular meeting of April 21, 1981, the Planning and Zoning Commission recommended approval of the applicant's request for subdivision exception for the purposes of condo- miniumization subject to all four conditions as outlined above under Planning Office Recommendations. The P & Z elaborated on the third condition recommending that these improvements shall be completed prior to first sale of any unit. A list of such improvements is to be re- corded with the County Clerk and Recorder's Office to appear as a title policy exception which shall be removed upon issuance of a Certificate of Occupancy by the Building Depart- ment. Ci ty Counci 1 Action: Shoul d City Council concur wi th the recommendati on of the Planning Office and the P & Z, the appropriate motion would be: "I move approval of the applicant's request for subdivision exception for the purposes of condominiumization subject to the following conditions: 1. Compliance with requests by the Engineering Department as per memo dated April 9, 1981. 2. Full compliance with Section 20-22 of the Municipal Code regarding written notice to tenants offering unit for sale, minimum six month restricted leases, etc. ,-. I....... "'"' Memo: Saliterman Subdivision Exception - Condominiumization June 8, 1981 Page Three 3. Any conditions set forth by the Building Department subsequent to building inspection. These improvements shall be completed prior to first sale of any unit. A list of such improvements is to be recorded with the County Clerk and Recorder's Office to appear as a title policy exception which shall be removed upon issuance of a Certificate of Occupancy by the Building Department. 4. Provision of adequate off-street parking to the south of the fourplex in the event of a sidewalk improvement district or other reasons which may require abandonment of the present parking arrangement. ,..., ,....... LAW OFFICES GIDEON I. KAUFMAN BOX 10001 61 1 WEST MAIN STREET ASPEN. COLORADO 81611 DAVID G. EISENSTEIN March 11, 1981 lD';'~-~~' :;: r~ 'Or' - I ~, , ; MAR 1 ',' U:...:,_ ASPEl'.1 /:~ "- PL, - .1'fLEPHONE AREAiCOOE 303 : 925-8166 GIDEON I. KAUFMAN Mr. Sunny Vann Aspen Planning Office 130 South Galena Street Aspen, Colorado 81611 Re: Saliterman/Condominiumization of Lots A & B, Block 66, City and Townsite of Aspen - Fourplex Dear Sunny, As you can see from the following chart for the past eighteen (18) months all the units in the Saliterman fourplex have been rented in excess of maximum rentals for the low, moderate-middle income guidelines. Thus, these are not units which fall within the purview of the Ordinance 39 restrictions and a condominiumization of this property will not result in the loss of any low, moderate-middle income housing. Square Guidelines Guidelines Rentals Rentals Unit Footage to 11/80 11/80-present 9/79-11/80 12/80-present A 580 $365.40 $394.40 $400.00 $450.00 B 580 $365.40 $394.40 $400.00 $450.00 C 580 $365.40 $408.00 $450.00 $500.00 D 580 $365.40 $408.00 $450.00 $500.00 Should you need any additional information, please do not hesitate to call. Sincerely, LAW OFFICES OF GIDEON KAUFMAN Byj)~iJ. ~J---, David G. Eisenstein DGE kw ,~ - APPLICATION FOR FROM SUBDIVISION REGULATIONS EXCEPTION Request is hereby made on behalf of LARRY M. SALITERMAN, (hereinafter referred to as "applicant") under ~20-19(a) of the City of Aspen, Colorado, subdivision regulations for approval through the subdivision exception process of applicant's plan for condominiumization with respect to real property described as: Lots A & B, Block 66, City and Townsite of Aspen, City of Aspen, Pitkin County, Colorado An exception in this case would be appropriate. The application involves subdivision of an existing structure. Requiring strict compliance with subdivision regu- lations for the subdivision of a lot with a four-plex on it creates conditions which will deprive the applicant of reasonable use of land. If this exception application is granted, owners of the property will have a common interest in the land; and there will be either a condominium declaration or use and occupancy agreement applicable to the property which will not in any way increase the land use impace of the property. An exception in this case will not conflict with the intent and purpose of the subdivision regulations which are directed to assist the orderly, efficient and integrated development of the City of Aspen, to ensure the proper distribution of population, to coordinate the need for public services and to encourage well planned subdivisions. II ,/", "-' ,r", "-"II The granting of this application will not undermine the intent of the subdivision regulations, as it is clearly within the area intended for exception under ~20-19. The building is already in existence, and there will be no change in density, which is presently in line with the desired population density for the property. A follow-up letter addressing the Ordinance 39 aspects of this application will follow. The applicant would appreciate your consideration of this application at your next regular meeting. Dated: 3/~1 'l:,1 LAW OFFICES OF GIDEON KAUFMAN By Gl eon Kauf a Attorney fo Applicant 611 West Main Street Aspen, Colorado 81611 (303) 925-8166 - 2 - ,~.....-"' ,..." '-. ./ "",-i..... ~ No. ;( I.. PI CASE LOAD SUMMARY SHEET Ci ty of Aspen 1. DATE SUBMITTED:.J!)llrl'h II) Iql?l STAFF: :}'(l('k Soh ri-SOn 2. APPLICANT: lrt~rc( 1/), ~Cl \1-\-ervYIOtV ex 3. REPRESENTATIVE: G irlp6-'I,\ ko u tnlCliL 4. PROJECT NAME: ~\;iern\an.. SuhA, 't..XfephOY\.. 5. LOCATION: Lo-t" A y B.. Bluck00) (';+~ Ovl'd l~1AJil\'de ofJ A:;pfil.. Rezoning P.U.D. Sped a 1 Revi ew Growth Management HPC ~SUbdivision -t-Exception Exemption 70:30 Residential Bonus ____Stream Margin ____8040 Greenline ____View Plane Conditional Use ____Other ~ rJ. (j j5~;)qu'1 -:>/I.)g\ , 6. TYPE OF APPLICATION: Clinr/{) mlil /(1 vn i /Za' -!'(;"V 7. REFERRALS: .2CAttorney ~Engineering Dept. ~HOusing _Water _City Electric Sanitation District School District ;x: Fire M~rshal ____Rocky Mtn, Nat, Gas Parks ____State Highway Dept, Holy Cross Electric ____Other Mountain Bell 8. REVIEW REQUIREMENTS: ~~.~ "..... ,'- '..... "---1'" 9. DISPOSITION: P & Z X Approved X Denied Date Apri 1 21, 1981 ,City P & Z recommended approval subject to: 1, Full compliance with Section 20-22 of the Code 2. Compliance with all Enq. Dept. requirements as per memo dated April 9. 1981. 3. Provision of adequate off-street parkinQ to the south of the four-plpx in the event of a sidewalk improvement district or other reasons which may require abandonment of the present parkino arranoement. 4. Structural improvements accordino to buildino inspection requirempnts (electrical inspection vet to be performed -- prior to City Council) These improvements are to be comoleted prior to first salp of any unit A list of such required improvements is to be recorded with thp County Clprk and Recorder's Office to appear as a title policy exception which shall be removed upon issuance of a C.O. by the Building Department. Council X Approved X Denied Date June 8. 1981 City Council approved subdivision exception for the purposes of condominiumiza- tion subject to: Four conditions as recommended by P & Z (see above). 10. ROUTING: Attorney LBUilding ~Engineering Other "" .;#';..... ......,,' MEMORANDur~ TO: City Attorney Ci ty Engi neer Housing Director Building Inspector/Fire Marshall FROM: Jack Johnson, Planning Office RE: Saliterman Subdivision Exception - Condominiumization DATE: March 16, 1981 The attached application submitted by Larry M. Saliterman requests an excep- tion from full subdivision requirements for the purpose of condominiumization of a four-plex located on Lots A & B, Block 66, Aspen, This item is scheduled for review by the Aspen Planning and Zoning Commission on April 21,1981; please return any comments or recommendations to me by Wednesday, April 8, 1981, Thank you. MEMORANDU1'l DATE: April 5, 1981 TO, Jack Johnson FROM: Paul Taddune RE: Sal.iterman Subdivision Exception - Condominium- lzation Applicant must demonstrate compll.ance with the require- ments of Section 20-22 of the Code. PJT.mc MEMORANDUM TO: FROM: DATE: Jack Johnson, Planning Office Jay Hammond, Engineering Department~ April 9, 1981 RE: Saliterman Condominiumization, Lots A and B, Block 66, O.A.T. Having reviewed the above application for subdivision exception, and having made a site inspection, the Engineering Department has the following comments: 1. The site plan as submitted includes no on-site parking, although parking is adequate in the adjacent Garmisch Street right-of-way. 2. The applicant should be required to join a sidewalk improvement district in the event one is formed. 3. The applicant should be required to provide a ten foot by seven foot electric/communications easement on the southeast corner of the property to accommodate electric transformers, etc., in the event the alley is undergrounded. ,r""...... """,....... LAW OFFICES GIDEON L KAUFMAN BOX 10001 611 WEST MAIN STREET ASPEN, COLORADO 81611 DAVID G. EISENSTEIN April 14, 1981 TELEPHONE AREA CODE 303 925-8166 GIDEON L KAUFMAN Jack Johnson Aspen/Pitkin Planning Office 130 South Galena Street Aspen, Colorado 81611 Re: Condominiumization of Lots A & B, Block 66, City and Townsite of Aspen, Colorado Dear Jack, I write to explain how the above referenced condominiumization application complies with the requirements set forth in ~20- 22 of the Aspen City Code. If condominiumization approval is obtained, the applicant-owner of the property, Larry M. Saliterman, will comply with the requirements set forth in subsections (a) & (b) of ~20-22. The condominiumization of the above referenced property will not reduce the supply of low and moderate income housing. There will be no tenant displacement as a result of the conversion. The tenants have not been required to move involuntarily within the proceeding eighteen (18) months prior to this application. The rental price of the condominium units will not be substantially increased after condominiumization and therefore persons who are able to afford renting these units prior to the condominiumization will continue to be able to afford renting these units. In the event Mr. Saliterman decides to market the units after condominiumization, any tenant who does not wish to exercise his or her option or right of first refusal shall be provided with at least one hundred eighty (180) days in which to relocate. For additional information, please see my letter dated March 11, 1981 to Mr. Sunny Vann of the Aspen Planning Office. I believe this April 14, 1981, letter along with the March 11, 1981, letter sufficiently demonstrate that 1''''''' ,.... /""""",, Jack Johnson April 14, 1981 Page Two the condominiumization of this property will not result in the loss of any low, moderate-income housing and that the application complies with all requirements set forth in the City Code to allow for condominiumization of the property. Should you need any additional information, please let me know. Sincerely, LAW OFFICES OF GIDEON KAUFMAN 73' J)QJ () f7 By U/ l~"i/:x... ~~ Davld G. Eisenstein DGE kw ~\Hl0RAHDUI~ TO: Aspen Planning and Zoning Commission FROM: Jack Johnson, Planning Office RE: Saliterman Subdivision Exception - Condominiumization DATE: April 21, 1981 Loca ti on: Lots A and B, Block 66, City and Townsite of Aspen. Located at the southeast corner of Garmisch and Bleeker Streets. Zoning: R-6 Residential Lot Si ze: 6,000 square feet Applicant's Reques t: This is an application by Larry 1'1. Saliterman requesting subdivision exception for the purposes of condominiumizing an existing fourplex structure (Section 20-22). The applicant is requesting a waiver to conceptual plan approval before City Council and Preliminary Plat approval before P & Z (Section 20-19). Engi neeri ng Department Comments: . _ The site plan as submitted includes no on-site parking, although parking is adequate in the adjacent Garmisch Street ri ght-of-way. _ The applicant should be required to join a sidewalk improvement district in the event one is formed. _ The app 1 i cant shoul d be required to provi de a ten foot by seven foot electric/communications easement on the southeast corner of the property to acco"~odate electric transformers, etc., in the event the alley is undergrounded. Attorney's Comments: Applicant must demonstrate compliance with the require- ments of Section 20-22 of the Code. Building Depa rtment: The Building Department has been unable to inspect the structure and offer comments at the writing of this report. Building Department officials will be available at the meeting to offer comments of an inspection they expect to perform this week. Planning Office Comments: This rental fourplex contains approximately 2340 square feet (580 sq. ft. per unit) and constitutes a non-conforming use in the R-6 zone. The condomi ni um conversion of non- conformi ng structures is not specifi ca lly regul ated in the Code. There are no specific parking requirements im- posed on a conversion project. At the present time, adequate parking does appear to exist to the west of the structure in the Garmisch Street right-of-way. Should improvements to Garmisch Street be necessary, the present t"" - /""~. Memo: Saliterman Subdivision Exception - Ccndominiumization April 21, 1981 Page Two Planning Office Recommendations: parking situation may be interrupted, requHlng alter- nate parking arrangements to be made. The southerly 35 feet of the subject property offer the most likely solution to on-site parking, should it becon~ necessary. In eva 1 uati ng the rental hi s tory of these four units, it appears that none of the units have rented for terms in excess of one month periods at a price within the current guidelines for low, moderate and middle incon~ housing within the past eighteen (18) months. The Planning Office recommends approval of the applicant's request for subdivision exception for the purposes of condominiumization subject to the following conditions: 1. Compliance with requests by the Engineering Depart- ment as per memo dated April 9, 1981. 2. Full compliance with Section 20-22 of the Municipal Code regarding written notice to tenants offering unit for sale, minimum six month restricted leases, etc. 3. Any conditions set forth by the Building Depa,'tment subsequent to b~ilding inspection. 4. Provision of adequate off-street parking to the south of the fourplex in the event of a sidewalk improvement district or other reasons which may require abandonment of the present parking arrange- ment. . .. /,,".~:, ASPEN. PITKIN UEGIONAL BUILDI~ DEPARTMENT - . 1-', )(-- June 15, 1981 Mr. Cideon Kaufman Law Offices P.O. Box 10001 Aspen, CO '81612 Re: Saliterman Condominization Dear Gideon: In response to your letter dated June 8, 1981, the Building Department is satisfied that condominization can 'proceed. Except for the last item mentioned in your letter. It is my belief that this will have to be remedied by removal of that overhead protection of the closet at the entries. Please be advised that if you choose to do so, you may submit to the Board of Appeals &~xaminers for a possible waiver on this item. Let me know at your earliest so that we may initiate the process. Sincerel~, ..d ' ~x:~-/ Herb Paddock Chief Building Official cc: Planning Commission Planning Office ---- Larry Saliterman -S06 East Main Street Aspen, Colorado 81611 303/925-5973