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HomeMy WebLinkAboutcoa.lu.ec.Buckwheat Subd.1981I CV; \ EC..- C)7 6AII-d ME . -1 1 A 'ni�a�tiN 9� -�31 � 5 qc) / i 1�154 BRASS GAP �1 C�O V �Sb o 948 40 F. CONDOMINIUM MAP OF BUCKWHEAT CONDOMINIUMS 10 �) o�• s � � M� tio. Q 'e,IA' P 6, u i� PAR�INIv / � G/ 24' UNDERGROUND UTILITY ANC) �p PP)14ATC E,49EMENT aO FOR LOT I � b2 �J �;o v PJ 'L q l WATE.FZ r. GAS M1=.TERS ENCROP(-_HMEN-T 9) EP,6EM ENT � j �_ 0 BK.3�0 PG. ZZ1-27�3 3 LOT 2 AREA 2Z, G56+ S FT, 0 0 O P 0 CO ---- ._ P _ �J W — Q.C.C. 0 Z -3c-6— 4 0` E q 1.00` a �y OWNER'S CERTIFICATE MAURICE T BORpIN ANTHON`! J MAZZA FRANK J WCYJD>j M AS OWNER(S) OF LOFT 2- BLIGKWHEAT-u'BDIV1510N CITY OF ASPEN COLORADO, HEREBY CERTIFY THAT THIS PLAT OF THE 5UGKWHEAT CONOOMINIUM5 HAS BEEN PREPARED PURSUANT TO THE PURPOSES STATED IN THE CONDOMINIUM DECLARATION FOR SAID CONDOMINIUMS DATED THIS DAY OF AND RECORDED IN BOOK ON PAGE OF THE RECORDS OF THE CLERK AND RECORDER OF THE COUNTY OF , STATE OF COLORADO. FRANK J W0o(D�S III. AtQ7PJI J MAZZA `rAu3R1GE F3 OCDIN — STATE OF COLORADOl t) S.S. COUNTY OF P)T/clnl THE FOREGOING OWNERS CERTIFICATE WAS ACKNOWLEDGED BEFORE ME THIS DAY OF , 19_, BY AS OWNER(S), WITNESS MY HAND AND OFFICIAL SEAL MY COMMISSION EXPIRES SURVEYOR'S NOTARY PUBLIC DATE CERTIFICATE DAVID W MC BRIDE (SURVEY ENG NEEQS.-NC ), A RE3iSTEREC -ANC SURVEYOR, HEREBY CERTIFY AS FOLLOWS IN JAN.,1981 , A SURVEY WAS MADE UNDER MY D ^E-- :N AND SUPERV S!ON , OF LOT 2. BUCKWHEAT 5L)BO. ASPEN STATE OF COLORADO, AND F _ JND--EaEON A(N; 1-_XIS711vG STRISCTlJRE LOCATED AS SHOWN ON THIS PLAT (BASED ON THE FIELD EVIDENCE +S "'OUNC --E-LDA'r;3N AND DIMENSIONS OF THE BOUNDARY LINES, BUILDING, AND IMPROVEMENTS. N E. DEN--E --R KNOWN TC ME ARE ACCURATELY SHOWN ON THIS MAP, AND THE MAP ACCURATELY AND SOBS--'N- __Y CE .'S 'HE LCCAT!ON AND THE HORIZONTAL AND VERTICAL MEASURSEMENTS OF THE BJ , NG, -HE CCND M;N UM 'JNIT THEREIN, THE UNIT DESIGNATIONS THEREOF, THE DIMENS 'NS OF SAID UNITS, AND THE E-E,4 THE FINISHED FLOORS AND CEILINGS. E,018, DATE DAVID W MC BRIDE, REG S-EREC LAND SU EYOR NO 16129 • FNO t:%5 RE- B9,R W1CAP 23-1(z T T FENGE POST STATE OF COLORADO E3EAR) N GS ARE E3A5ECD ON SOLAR S S COUNTY Of P!TKtN � 02,5ERVAT)13N TRANSAMERIGA� TITLE INSURANCE THE FORGOING SURVEYORS _-ERT!F:CATE WAS ACKNOWLEDGEL 9EFORE ME 'H S �_. AY 'J CO. COMM IT. NO-13005'50-gC USED 1198 _ BY DAVID W. MC BRIDE IN SURVEY DATED JULY -2f-1, 1918 SEWER MAN140LE w -NESS MY HAND AND OFFICIAL SEAL ELEVATION F3<aSEO ON TE--IE lcI-IS GITY MY COMM SIOIV EXo!RES NOTARY PUBS C OF ASPEN AERIAL SURVEY ON A TB.M 0F= -7G54 DATE F.SA FLUE SPACE AREA L C E_ L-IMITE.D COMMON ELYMENT PLANNING & ZONING APPROVAL G Co. E GENERAL COMMON EI E-F- M1=NT Q �1RVEY MON. NOT FNO 1'Sd - S _ _ A' _ " OT 2 9UCK,WHEAT 05>O C - . = _ _ .. A _ -' - ,. , E - ZONNING R-G ASPEN CITY COUNCIL APPROVAL = _ A = = - . , _ _ COJNC _ OF ASPEN THIS DAY OF ATTEST CITY ...--------- - -- -- --- LERK CITY .r---NGINEERIS APPROVAL -_; _= �oT _ F'!SKWr-iEA-F�8�. _ F ' ==_1, A_S z E -rE CITY CF ASHEN :,En,;; -YEN- CF ENGINEERING 'HIS -4. 99 CLERK & RECORDER'S ACCEPTANCE TH15 PLAT OF CC}N0C)MIN11_>�,r" ; CITY O> A=PEN 15 GCCE __ FOR FIL NG N THE OFFICE CIF 'r _EFr OF OF CC-ORACC, A--O'CLOCK—.W.. IN P_- _SCE A- =AGE REC__- SN NS INDEX SHEET NO I CE.RTICATES,VIGINITY MAP, -5)TE PLAN Z F''L.OQR PLAN, EL.'EvATIONS (D CO O (.4 Q — cr 00 O O In -i (N 0 Lr) U N X CT)0 z CID W 0Vo a Q V / W Ld z (../ z W i- w 0 0 w Q a- w a - JOB NO. z4 G i UNIT 5 _INIT G AREA-7 3Z tSQ.FT, AREA G DteQ.FT, cU In F. 5. A. �. 3.3 FIRST FLOOR 24 1' UNIT 1 v J AREA fol5f SQ.FT _ J _ 3 3 0 o I � � I C)ECK G.C.E. II I I II z3.4' SECOND FLOOR UNIT 8 AREA ;31t5Q.FT ?n -G, a CRAW L. 5PAGE G,C.E. CRAW �- Sc�aCC BASEMENT �a A 0 5 2 5 10 SCALE 111= 5! LEGEND BEARING WALL L C.E. LIMITED COMMON ELEMENT G.C.E. GENERAL. COMMON ELEMENT F. S. A. FLUE SPACE AREA CRAW L- 9PAG E G.C.E. SOUTH ELEVATION 5"EET 2OF2- _oBrr 92.-n -A WEST ELEVATION W ii CONDOMINIUM MAP OF OWNER'S CERTIFICATE BUCKWHEAT CONDOMINIUMS N1AURICE T BOZA, hNTFiON`! J NIAZZA FRANK J WG�L� a] AS OWNER(S) OF LOT Z BUGKWHEA"T Su150IV1510N CITY OFAZPENCOLORADO, HEREBY CERTIFY THAT THIS PLAT OF THE BUCKWHEAT CONDOMINIU"5 HAS BEEN PREPARED PURSUANT TO THE PURPOSES STATED IN THE CONDOMINIUM DECLARATION FOR SAID CONDOMINIUMS DATED THIS DAY OF AND RECORDED IN BOOK ON PAGE OF THE RECORDS OF THE CLERK AND RECORDER OF THE COUNTY OF STATE OF COLORADO. F fZf AN Y_ J WC Of in raNTI BONY J MAZZL\ A. AUFZIG'E T FJ • OOI N STATE OF COLORADO S.S. COUNTY OF P17Y INI THE FOREGOING OWNERS CERTIFICATE WAS ACKNOWLEDGED BEFORE ME THIS DAY OF n j15f ��i�11 �� L1+ QHlOi.-®�1°Q'. 19_,BY AS OWNER(S). CO 10 5O ` \ Iti WITNESS MY HAND AND OFFICIAL SEAL MY COMMISSION EXPIRES NOTARY PUBLIC ---- \ � CATE \�G C� SURVEYOR'S CERTIFICATE 4� v� Iti Qo 70,1,17/w Gp • PAR14,INv / �2 G.C.E / / • r $ 19e4 BRASS CAP [� cOR.5 � M.5. 3gC5 A.M_ G.C.EEL,Xx ZUGRD V `S 69�z8' 4' NDEROUNUTILITY ANC7 �94 4p E \ pPRIVATE AGc E� EASEMENT FOR LOT 1 20 •s 161 WA7P_R f GAS Nn E.TETZ- ENCROAGHMEN_T \0 O v1 E EP6ETNT j BY\.3-l0 PG. ZZ-1 -ZL8 I v AREA 2.2., �s�+ 5q. FT. 0 o O P O rSJ ---___ F — -- W _ d' P 0 lz ;3 -4O'E g1.00' woJ_dFN Fj97_Y u Co y�g f e ir 0� \ f=SA L Cl E. G G. E O FND a5 RE -BAR WjC.AP 231�0 T FENCE POST" BF_AR1 N G5 ARE E?ASED ON SOLAR oDSERVATI O N TRANSAMERIGL� TITLE INSURANCE CO. COM M IT. NO-I300880 `qC USED I SURVEY DATED JUL2I -277, 1918 SEWER MANHOLE t-L E:�'ATION BASED ON THE G1TY OF ASPEN AERIAL_ 5UR�/EY ON A T 8.M OF -ic=l54 FLUE SPACE ARF� LIMITED COMMON ELtMtNT GENERAL COMMON i�LEM>=NT SuRvE`( N)oN. NOT FNO 1j80 ZONNING R-G DAVID W MC BRIDE (SURVEY ENGINEERS. 'NC'. A RE STERED LANC SURVEYOR, HEREBY CERTIFY AS FOLLOWS INJAN.,IC181 , A SURVEY WAS MADE UNDER MY =E_- -N AND SUPERVISION, OF LOT 2. BUCKWHEAT SUBO. ASPEN STATE OF COLORADC, AND ;7 _-J iD-HEaEON A(Y! _XISTING s7RllGTURE LJCATED T AS SHOWN ON THIS PLAT (BASED ON THE FIELD EVIDENCE SM--WN AS cCUNC' -"E _-CAT DIN AND GMENSIONS OF THE BOUNDARY LINES, BUILDING, AND IMPROVEMENTS ` E'..DENCE R KNCWN TC ME ARE ACCURATELY SHOWN :N TH'S MAP, AND THE MAP ACCUPATE'�Y AND SUB TA^1` Y CE `S THE _-CATION AND THE HORIZONTAL AND VERTICAL MEASURSEMENTS ,CF HE 8.1 _ wG. -E :CND M NIUM UNITS THEREIN, THE UNIT DESIGNATIONS THEREOF, THE DIMENSiCNS OF SAID UNITS, AND THE E-E/AT'ONS OF THE FINISHED FLOORS AND CEILINGS. DATE DAVID W MC BRIDE. REGS-ERE _ANC SJR'EYDR NO 16129 STATE CF COLORA--- COUNTY OF P!TKIN THE FJRGOING SURVEY_RS .:ERT FATE WAS ACKNOWLE :ED BEFORE ME TH S DAY OF 1198 _ BY DAVID W. MC BRIDE ',ES MY HAND AND OFFiC;A_ SEAL _ NY -I-MM S:CN EXOIRES _ NOTARY PUB_ C PLANNING & ZONING APPROVAL 0-F 2 OUcKw Hl_.A T JUF3 c _ ; _ _ _ - _ 0,_ - - , E C S v ` _ : - Y CF AS=_ , ASPEN CITY COUNCIL APPROVAL -_ S==L©TGfll1-KWHEAT`5 80. : -1 CJJNCIL OF ASPEN THIS DAY OF ATTEST '__ CITY CLERK _ CITY ENGINEER'S APPROVAL ?_BU_I/vw"EAT_'"Bo. A_'_ _=-'- __- :Y THE 1-1TY OF ASPEN DEPARTMENT OF ENGINEERING. THIS CITY ENGINEER CLERK & RECORDER'S ACCEPTANCE THIS PLAT OF IN,- CITY OF- A^)PEN 15 ACCE?TED FOR FIL NG .N'HE OFFICE CF Trc =_ rK C -00_=0 --E Cv' STY OF CF COLOR ADO, O'CLOCK .M., r N rL _ CK AT ...GE RECE? C� __ER-K 1= INDEX SHEET NO 1 GERTICATE5,4ICIN17Y MAP, 51TE PLAN 2 FL.00R PLAN, EL_»vATIONS O Q — CL 00 O O M 0 N O to c cv x O z m L►J O a; O a. Q \� V Iz W in w a Q n W 0- JOB NO. E''a-I-] -A FIRST FLOOR 24 1' UNIT 5AREA -7-3-L -! eQ. PT I ARE4, G3Cot5Q.F77. AREA Gi5--h-eQ.PT ,--7.cl, In lu UW7 B AREA 31-t5Q.FT DECK G.0 E SECOND FLOOR C RAW L- SPAc _E G.c E. C-PVl\vvL- 15mACIE-1 G. c- E. BASEMENT Is" SCALE I =5 LEGEND I �, E, LIMITED COMMON ELEMENT G.0 E. GENERA- - COMMON ELEMENT P7 .5. A. FLUE '-SPACE LkPF-P, ': P,�w L epP,. u- G-C-E- WEST ELEVATION SOUTH ELEVATION -:t)HE ET 2 OF a MEMORANDUM TO: Collette Penne, Planning Office FROM: Daniel A. McArthur, City Engineer�� DATE: April 3, 1981 RE: Buckwheat Subdivision Exception (Condominiumization) After having reviewed the above referenced condominiumization map and having made a site inspection, the Engineering Department feels there are several inadequacies with regards to the subdivision exception standards and the following items should be corrected before the condominium map is recorded: 1. Owner/applicant shall describe all survey monuments bound and set. 2. Owner/applicant shall record past subdivision approvement agreements for the Buckwheat Subdivision prior to recording the Buckwheat Condominiumization map. 3. Owner/applicant shall submit an on -site parking diagram showing all required parking spaces as per the Aspen Code. 4. Owner/applicant shall show location of trash containers on condominium map. 5. Owner/applicant shall show locations of all adjacent lots and show lot #2 of the Buckwheat Subdivision. 6. Owner/applicant shall show the zone district on the condo- minium map. 7. Owner/applicant shall show a drawing index for both sheets on Drawing 1 of 2. CITY OF ASPEN 130 south galena street aspen, colorado 81611 MEMORANDUM DATE: March 30, 1981 TO; Colette P e nne,.------, FROM: Pau.1 `I'addune, t RE: Buckwheat Subdivision Exception Applicant must comply with the requirements of Section 20-22: (a) Existing tenants shall be given written notice when their unit is offered for sale, specifying the sale price. Each tenant shall have a ninety -day non -assignable option to pur- chase their unit at the preliminary market value. In addi- tion, each tenant shall have a ninety -day exculsive non - assignable right of first refusal to purchase their unit which shall commence when a bona fide offer is made by a third person and accepted by the owner. In the event that such offer is made while the ninety -day option is still in effect, the tenant may purchase the unit for the amount of the initial sales price or the amount of the offer, whichever is less; and (b) Ali units shall be restricted to six (6) month minimum leases, with no more than two (2) shorter tenancies per year; and (c) Applicant snail demonstrate that approval will not reduce the supply of low and moderate income housing. PJT/mc MEMORANDUM TO: City Attorney City Engineer Housing Director Building Inspector/Fire Marshall FROM: Colette Penne RE: Buckwheat Subdivision Exception (Condominiumization) DATE: March 16, 1981 The attached application submitted by Buckwheat Associates requests an exception from full subdivision requirements for the purpose of condominiumization of an existing eicht-nlex located on Lot 2, Buckwheat Subdivision. 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 Tuesday, April 7, 1981. Thank you. 9. DISPOSITION: Pa & Z ✓ Approved I ✓ nllrt,.►n ��e A -irl Council 10. ROUTING: Attorney Building Denied Date Y 46 i h a a( a s'hr-ems i ►.�. bra �e .�. d;ssfnc+ /Engineering Other 2666 Regular Meeting Aspen City Council June 25, 1979 Councilman Behrendt moved to approve the renewal subject to Stock's comments; seconded by Councilman Parry. All in favor, with the exception of Councilman Isaac. Motion carried. VENDING CONTRACT - Peppermint Patti Councilman Behrendt moved to approve the contract; seconded by Councilman Isaac. All in favor, motion carried. REQUEST TO USE SPACE BY TOM'S FOR VENDING Both Tom Dunlop and Bob Jacobs told Council they had no problems. Curt Baar told Council they wanted to use the space vacated by the old newspaper racks outside the store to sell fruits and vegetables. Councilman Isaac asked if people would still be able to walk on the sidewalks. Baar answered yes. Stock told Council Section 13-61 says one cannot vend on sidewalks unless they have a license from Council. Council has to make the determina- tion, to look at what is going to be done, income to the City, the disruptive nature. Stock said in the past Council has not allowed sidewalk sales unless it was a community event. Curt Daar said this policy was directed against out-of-town vendors who opened up their trucks on City private. Saar pointed out the City had opened up property to merchants in the mall for restaurants. Councilman Behrendt pointed out if there is already an easement there, is the City in less trouble of establishing a precedent as it already exists. Mayor Edel agreed if Council passes this, are they opening themselves up to something that. is going to demean the town. Stock said because of the Constitutional requirement to treat people equally, if they have a similar license with similat facts, they will have to grant the license. Mayor Edel noted if there is something unique about this application, the Council could rely on this. Stock told Council there are only three markets in the community, and two of them in their front property are on private property. This is the only full service market that would have the opportunity to vend on City streets. Council can make a distinction; they are looking at community need for such a service and whether there are similar services avail- able in the area. Mayor Edel reiterated he was concerned about what kind precedent the Council would be setting, and that he did not want to bring down the town. Councilman Van Ness agreed the question is where to draw the line. Stock told Council the licenses are only for one year. Stock told Council the mall leases are granted to every restaurant that is on the mall and is specifically to create a sidewalk cafe atmosphere, and there is revenue from it to the City. Councilman Parry said everyone knows and likes Curt Baar and knows he will do a good operation; where does it go from there. Does Council allow trinkets out on the side- walk. Mayor Edel asked Mahoney and Stock to come back to Council with a more definitive opinion and bring it back to the next Council meeting. SUBDIVISION EXEMPTION - Detweiler Richard Grice, planning office, told Council this is a request for subdivision exemption for the purpose of condominiumizing an existing duplex on Cemetery Lane, Lot 11, West Aspen Subdivision. The history of occupancy is 1/2 the building has been occupied by the owners for the last 7 years and the other unit by a family since construction. The rental has fallen within the low, moderate and middle income price bracket and maintained at that level as a special courtesy to friends. Stock has suggested if it appropriate to approve this it be subject to deed covenant allowing notice and occupancy requirements of Section 20-22, six month minimum lease, and at least one unit be restricted in both price and occupancy guidelines and the limitation period could be less than 5 years. Vending contract Peppermint Patti Vending request Tom's Market Grice reported to Council the engineering department recommended approval without conditions. P & Z reviewed the application and recommended approval as outlined by the City Attorney with the additional condition that the present rental price be considered a base price and the escalations be allowed, and the limitation be 3 years: Grice said the unit is not actually within the low and moderate income bracket, but it has been rented within that price guideline. Gideon Kaufman, representing the applicant, told Council this unit has been rented to the same family for 9 years and the rent has stayed virtually the same, it is $375 for 1100 square feet. Kaufman said his clients are about to retire and can live with a 3 year restriction on one side; this compromise was worked out with P & Z. Councilman Behrendt moved to approve the subdivision exemption as outlined by the Aspen Planning and Zoning Commission; seconded by Councilwoman Michael. Councilman Van Ness pointed out the Council has created a situation whereby they are penal- izing people who are good to their tenants by keeping the rent down and giving them a break. People who keep the rent down create low cost housing and are subject to the various penalties. People who charge the most don't have to put up with this. Council ought to take a look at what they are doing to low income housing, whether this ordinance is doing what Council had hoped. All in favor, motion carried. FINAL SUBDIVISION APPROVAL - Buckwheat Subdivision Exemption Detweiler Grice told Council this application had initially requested an exception from conceptual Final review. At the preliminary stage several problems were identified. Aspen Metro Sanitation Subdivision District requested the applicant accept responsibility for the 6 inch service line. The Buckwheat fire marshal noted the subdivision did not meet the design standards, there was not a fire hydrant. The engineering department had five technical problems with the plat. The applicant is required to solve the problems before final plat. The application is to sub- divide the 28,656 square foot site into two pieces; one lot would be 6,000 square feet and contain a single family residence, the other lot is 22,000 square feet and contains an 8 unit apartment building. Grice noted to Council the fire hydrant problem has been solved in the improvement agree- ment; they will add a hydrant. The extension of the service line for Metro San is also W • Regular Meeting Aspen City Council June 25, 1979 in the agreement. The engineering department outlined some things that reed to be changed in the agreement and in the plat; the applicants have agreed to make those changes. The City Attorney has reviewed the agreement and plat and recommends approval without condition Grice recommended approval subject to the engineering changes. Stock told Council to enable enforcement, the City requires the applicant to either post a bond agreeing to performance in a short period of time, or actually place in escrow the cash to do this. In this case, the City required the applicant to post a bond. If they do not comply, it is the responsibility of the engineering department to advise the City Attorney and he would begin legal enforcement of one of the documents. Councilman Isaac asked if the applicant had plans for subdividing the: 8 unit apartment. Andy Hecht answered no. Councilman Parry moved to approve the subdivision with the conditions outlined; seconded by Councilman Isaac. All in favor, motion carried. SUBDIVISION EXEMPTION - Dittmar Grice told Council this is a request for subdivision exemption for a duplex in Pitkin Mesa Subdivision for condominiumization. Dittmar occupies one unit; the tenant does not desire to occupy Exemption the other unit. Grice said he calculated the square footage rent and it does not fall Dittmar within the low, moderate or middle income price range. Stock recommended since it did not fall within that range, it is unnecessary that any restriction be placed other than a six month minimum. P & Z recommended approval subject to notice and occupancy require- ments, and 90 day right of first refusal. The engineering department recommends approval subject to a change in legal description to include designation of block 1 on the final plat. Mayor Edel asked how the six month minimum lease is enforced. City Manager Mahoney told Council people that are abused do bring it to the attention of the City. Stock said the City does have to enforce this to meet the goals the City has established. This goal is that short term housing for tourists should occur within the tourist zone. Stock said right now the City does not have an enforcement officer or mechanism to enforce this. Councilman Behrendt moved to approve subdivision exemption subject to the conditions as outlined by the City Attorney and engineer; seconded by Councilman Parry. All in favor, motion carried. KSNO SPECIAL REVIEW Jim Reents, planning office, told Council this application was before Council because of KSNO Special difficulties. The planning office had contact with this project late in 1978 to discuss Review for what could be done in terms of providing employee housing and rebuilding the radio studio employee on the existing site. At that time, they said KSNO could apply for the FAR bonus existing housing under the current C-1 zone, and rebuild the existing square footage without having to go through growth management. The application was submitted in March 1979 and was approved by P & Z and Council; building employee housing had been exempted from GMP. A finding was made this was in fact to be employee housing and met the guidelines to allow them to build out to FAR bonus 1.5:1 on the site. Reents told Council at that time several ordinances were in the process, one was trash area ordinance, another one brought up by the project, the off street parking requirements. In analyzing these requirements, it was discovered on some sites the only way required parking can be provided on -site is to go underground, and the costs can be prohibitive. There is a trade off between parking spaces and providing employee housing. The P & Z approval of the project reflected their willingness to vary the parking requirements, as did Council. Another ordinance in process at that time was the employee housing overlay, which the architect felt he might be able to provide some additional housing by using this. This ordinance has not been processed. Larry Yaw, representing the applicant, told Council this has been bounced around a lot of pending and changing legislation. Yaw told Council the project is essentially 1500 square foot studio for KSNO allowed by right and without other approval. In addition, they would have maximum number of employee housing units, which is 5; 4 studios and one two -bedroom within the heighth, open space and set back requirements. Yaw stated this is a small site and there are inherent problems. There are three elements of the request for special review; two of them are tied together, the trash access and parking. Yaw presented a floor plan, and told Council the trash access requires 15 x 10 x 10 on the alley. They have provided 10 x 18, which will handle all that is required and is covered by the floor above. This was they could provides 3 parking spaces for 6 bedrooms. The areas of overhang of the building presently count against the project; these overhangs are provided.to cover the parking, trash access, entrance and sun control. Yaw is request- ing the covered parking be deleted from FAR, and to fix the calculation method for this project as it presently exists, which is to include only areas under the projection of the building necessary for the function of the building; to exclude the mechanical areas from the FAR, which is in ordinance. City Attorney Stock told Council the applicant is asking Council for something they have no authority to do; Council cannot grant a variance for the trash access area. This was taken to the Board of Adjustment, and they do not believe they can grant a variance for every employee housing project because employee housing projects are the only item within C-1 which require parking. The Board felt this problem ought to be addressed legislatively. Stock pointed out Council does have the right to grant a variance for parking, the amount necessary for employee housing on the recommendation of the P & Z. When this went through special review, the question of parking was addressed by P & Z as well as Council; both bodies recommended that parking should be modified to allow construction of the employee housing. Council may modify the parking in such a way they can provide the trash access required by ordinance. Stock told Council there is nothing that grants Council the right to exempt FAR. This project is in trouble because of Ordinance #34, which is on the agenda later. Council can eliminate this problem by tabling Ordinance 034; amend section 6 by adding special review under the employee housing are exempt and not create a problem; or defeat the ordinance. .4 . APPLICATION FOR EXCEPTION FROM SUBDIVISION REGULATIONS Request is hereby made on behalf of BUCKWHEAT ASSOCIATES (hereinafter collectively 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: Lot 2, BUCKWHEAT SUBDIVISION, 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 an eight-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 a condominium declaration applicable to the property which will not in any way increase the land use impact of the property. An exception in this case will not conflict with the intent and purpose of the subdivision regulations which are directed to assist the orderly, efficient and integrated development of the City of Aspen, to ensure the proper distribution of population, to coordinate the need for public services and to encourage well planned subdivisions. 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: March 1981. LAW OFFICES OF GIDEON KAUFMAN By Gideon K{a�ifman Attorneys for Applicant 611 West Main Street Aspen, Colorado 81611 (303) 925-8166 - 2 - No. .2.2' Y/ CASELOAD SUMMARY SHEET City of Aspen 1. DATE SUBMITTED: 01arc t ld� �STAFF: 2. APPLICANT: N 3. REPRESENTATIVE: & 1 (ter,ri kajd rL.2 4. PROJECT NAME: -jy C k W h eoT- &Adlyis i bN 5ceeter, ( C 6 1 5. LOCATION: L0+ �T -R KLI-A 6 u e) A s oe . . 6. TYPE OF APPLICATION: Rezoning P.U.D. Special Review Growth Management HPC 7. REFERRALS: Attorney Engineering Dept Housing Water City Electric 8. REVIEW REQUIREMENTS: Subdivision _Exception Exemption 70:30 Residential Bonus Sanitation District Fire Marshal Parks Holy Cross Electric Mountain Bell Pd , Stream Margin �so 8040 Greenline C.4l�L�gCS� View Plane Conditional Use 3/%I/g� Other School District Rocky Mtn. Nat. Gas State Highway Dept. Other 0 0 0 • 0 MEMORANDUM TO: Aspen City Council FROM: Colette Penne, Planning Office RE: Buckwheat Subdivision Exception (Condominiumization) DATE: May 18, 1981 Zoning: Location: Applicant Request: Referral Agency Comments: R-6 Residential APPROVED AS TO FORM: Lot 2, Buckwheat Subdivision k/ �/ ffw,"C" C�1) Subdivision exception for condominiumization of an 8-unit apartment building on a previously subdivided parcel (Lot 2, Buckwheat Subdivision). City Attorney -- Applicant must comply with the require- ments of Section 20-22: (a) Existing tenants shall be given written notice when their unit is offered for sale, specifying the sale price. Each tenant shall have a ninety -day non - assignable option to purchase their unit at the preliminary market value. In addition, each tenant shall have a ninety -day exclusive non -assignable right of first refusal to purchase their unit which shall commence when a bona fide offer is made by a third person and accepted by the owner. In the event that such offer is made while the ninety -day option is still in effect, the tenant may purchase the unit for the amount of the initial sales price or the amount of the offer, whichever is less; and (b) 11 units shall be restricted to six (6) month ^9ini^ium leases, with no more than two (2) shorter tenancies per year; and (c) Applicant shall demonstrate that approval will not reduce the supply of low and moderate income housing. City Engineer -- After review of the condominium map and a site inspection, the Engineering Department feels the following items should be corrected before the condominium map is recorded: 1) Owner/applicant shall describe all survey monuments bound and set. 2) Owner/applicant shall record past subdivision approve- ment agreements for the Buckwheat Subdivision prior to recording the Buckwheat condominiumization map. 3) Owner/applicant shall submit an on -site parking diagram showing all required parking spaces as per the Aspen Code. 4) Owner/applicant shall show location of trash containers on condominium map. 5) Owner/applicant shall show locations of all adjacent lots and show lot #2 of the Buckwheat Subdivision. 6) Owner/applicant shall show the zone district on the condominium map. 7) Owner/applicant shall show a drawing index for both sheets on Drawing 1 of 2. Memo: Buckwheat Subdivision Exception (Condominiumization) Page Two May 18, 1981 Housing Director -- No comments were received. Building Inspector -- The Building Inspector made an inspec- tion and met with the applicant concerning necessary changes and upgrading. A letter from the applicant's legal counsel outlines the changes required and commits to making those changes. Planning Office The Planning Office recommends approval of the subdivision Recommendation: exception for condominiumization of the 8-unit Buckwheat Apartment Building subject to the requirements of Section 20-22, correction of the seven points outlined by the City Engineer prior to recordation of the final condominium plat and the agreement between the building inspector and the owner out- lined in the attached letter. It should be noted that the Building Inspector must verify that these are the only required changes and he is unavailable until May 26. P & Z Action: The Planning and Zoning Commission approved the condominiumi- zation of the Buckwheat Apartments subject to full compliance with the requirements of Section 20-22, meeting all require- ments set out by the City Engineer except revising the third requirement to read "that the owner/applicant agrees to join a sidewalk and street improvement district should one be formed in the future," and the work outlined in the attached letter be completed. Council Action: Should Council concur with the Planning Office and P & Z's recommendation, the appropriate motion is as follows: "I move to except the Buckwheat Subdivision from full compliance with the subdivision regulations for purposes of condominiumization subject to the following conditions: 1. Full compliance with the requirements of Section 20-22. 2. Meet all requirements set out by the City Engineer before final recordation of the condominium plat and agree to join an improvement district should one be formed. 3. Complete all repairs outlined by the Building Inspector in the attached letter (or any additions made by May 26) prior to the sale of any unit." • MEMORANDUM TO: Aspen Planning and Zoning Commission FROM: Colette Penne, Planning Office RE: Buckwhut Subdivi5.4.0_jxception (Condominiumization) DATE: April 14, 1981 Zoning: R-6 Residential Location: Lot 2, Buckwheat Subdivision Background: The Buckwheat Subdivision was formed on June 25, 1979. The lot split resulted in one lot with a single family dwelling on it and the second lot being occupied by the 8-unit apart- ment buildi'ng under review. It should be noted that at the time of the lot split, the applicant's attorney stated in a letter dated February 28, 1979, that "this subdivision does not contemplate the condominiumization of the Buckwheat apartments, but merely the lot split explained above." At the City Council meeting on June 25, 1979, when final subdivision approval was granted, Councilman Isaac asked if the applicant had plans for subdividing the 8-unit apart- ment. Andy Hecht, attorney for the applicant, answered "no" Rental history has been provided for the past 18-month period and for that length of time rents were always above the low, moderate and middle income guidelines. Applicant's Subdivision exception for condominiumization of an 8-unit Request: apartment building on a previously subdivided parcel (Lot 2, Buckwheat Subdivision), Referral City Attorney -- Applicant must comply with the require - Agency ments of Section 20-22: Comments: (a) Existing tenants shall be given written notice when their unit is offered for sale, specifying the sale price. Each tenant shall have a ninety -day non - assignable option to purchase their unit at the preliminary market value. In addition, each tenant shall have a ninety -day exclusive non -assignable right of first refusal to purchase their unit which shall commence when a bona fide offer is made by a third person and accepted by the owner. In the event that such offer is made while the ninety -day option is still in effect, the tenant may purchase the unit for the amount of the initial sales price or the amount of the offer, whichever is less; and (b) All units shall be restricted to six (5) month minimum leases, with no more than two (2) shorter tenancies per year; and (c) Applicant shall demonstrate that approval will not reduce the supply of low and moderate income housing. CityEngineer -- After review of the condominium map and a site inspection, the Engineering Department feels the following items should be corrected before the condominium map is recorded: Memo: Buckwheat Subdivision Exception (Condomi.rniumi,zation) Page Two April 14, 1931 1) Owner/applicant shall describe all survey monuments bound and set. 2) Owner/applicant shall record past subdivision approve- ment agreements for the Buckwheat Subdivision prior to recording the Buckwheat condominiumization map. ✓�'.�1�� 2 3) Owner/applicant shall submit an on -site parking b'� diagram showing all required parking spaces as per Aspen Code, • the 4) Owner/applicant shall show location of trash containers on condominium map. 5) Owner/applicant shall show locations of all adjacent lots and show lot #2 of the Buckwheat Subdivision. 6) Owner/applicant shall show the zone district on the condominium map, 7) Owner/applicant shall show a drawing index for both sheets on Drawing 1 of 2. Housing Director -- No comments were received. Building Inspector/Fire Marshal -- The Building Inspector will be making his inspection on April 16. His comments will not make the deadline of this memo, but he will attend the April 21 meeting and will verbalize any problems that exist, Planning Office After reviewing referral agency comments, past history of Recommendations: the Buckwheat Subdivision and a site inspection, the Planning Office recommends approval of the subdivision exception for condominiumization of the 8-unitEuckwhcat Apartment Building subject to the requirements of section 20-22 and correction of all items outlined by the City Engineer. This recommenda- tion conditioned also on any problems raised by .will�be the % nspector, We want to stress the need for a parki'ng plan for the property which requires the upgrading of the present lot, The applicant had indicated at the time of the formation of the Buckwheat Subdivision that no plans existed for condominiumizing the 8-unit apartment building, but the subdivision was formed without a condition relating to that point, therefore we recommend approval. v�-�-.-� ►�.� - �v a,,,... �.�ea, b ire ; l � . a 0 GIDEON I. KAUFMAN DAVID G. EISENSTEIN LAW OFFICES GIDEON I. KAUFMAN Box 10001 611 WEST MAIN STREET ASPEN. COLORADO 81611 TELEPHONE AREA CODE 303 925.8166 Herbert Paddock City of Aspen Building Department 506 East Main Street Aspen, Colorado 81611 Dear Herb, May 7, 1981 Re: Buckwheat Condominiumization Pursuant to our meetings with Tony Mazza, one of the owners of the Buckwheat Apartments, I write this letter to set forth the agreement reached concerning health and safety repairs to be made to the Buckwheat Apartments. My client agrees to make the following repairs prior to the sale of any unit: 1. The concerns relating to the boiler room will be alleviated by the installation of baseboard heating and the elimination of the boiler. 2. A new roof will be placed on the premises. 3. Thermalpane glass will be installed in the area next to the doors, or this area will be boarded up so as to eliminate the danger of broken glass in an entrance or exit. 4. The concerns about the drainage around the foundation will be addressed by placing additional dirt and building up the drainage line. 5. There will be insulation added to the facing around the windows. 6. The gas leakage will be fixed, but the whole issue of the gas leakage will ultimately be obviated by eliminating the boiler. Herbert Paddock May 7, 1981 Page 2, 7. Any existing storage areas will be improved to walls having a one hour rating time, as well as doors with an automatic closing device. 8. The access to the boiler room will be fixed by the addition of baseboard heat and adding guard- rails, if necessary. 9. Guardrails leading up to the second floor will be replaced. 10. Fireplaces will either have glass doors or the hearths will be extended by additional tile. 11. Stove ventilation will be added to each unit. 12. Smoke detectors will be placed in each unit. 13. One hour fire rating walls and ceilings will be added to the basement and all storage rooms. I believe this letter accurately reflects the agreement that was reached with Tony, you and me at our last meeting. Should you have any questions about this matter, please contact David G. Eisenstein at my office as I will be out of town or please feel free to talk to Tony directly. GK:jo cc: Thank you for your consideration and help in this matter. Sincgrel ; copy °I` "G I , 0 J KAUFMAN Gideon Kaufman Anthony J. Mazza, Esquire LAW OFFICES GIDEON I. KAUFMAN BOX 10001 611 WEST MAIN STREET�f'`• `r ASPEN. COLORADO 81611 GIDEON I. KAUFMAN ,+� TELEPHONE i y AREA CODE 303 DAVID G. EISENSTEIN March 11, 1981 �� {� .--� 925-8166 pINKIN APLANNING Mr. Sunny Vann Aspen Planning Office 130 South Galena Street Aspen, Colorado 81611 Re: Buckwheat Associates/Lot 2, BUCKWHEAT SUBDIVISION, Condominiumization of Buckwheat Apartments Dear Sunny, I write in order to address the Ordinance 39 aspects of the above -referenced condominiumization application. The rental history of the property indicates the property falls outside of the Ordinance 39 low, moderate and middle income guidelines and therefore the condominiumization of this property will not result in the loss of any low or moderate income housing. The following chart illustrates that the rental rate for each unit exceeds the guidelines: Unit Square Guidelines Guidelines Rentals Rentals Number Footage to 11/80 11/80 - present 9/79- 5/80 6/80-present 1 612 $385.56 $416.16 $500.00 $550.00 2 629 $396.27 $427.72 $500.00 $550.00 3 604 $380.52 $410.72 $500.00 $550.00 4 609 $383.67 $414.12 $500.00 $550.00 5 732 $461.16 $497.76 $550.00 $600.00 6 636 $400.68 $432.48 $500.00 $550.00 7 615 $387.45 $418.20 $500.00 $550.00 8 731 $460.53 $497.08 $550.00 $600.00 • • Mr. Sunny Vann March 11, 1981 Page Two I believe the data set forth herein adequately demonstrates there is no need for any rental or sale restrictions to be placed as a condition to the condominiumization of this property. Should you need any further information on this matter, I will be happy to supply it. Sincerely, LAW OFFICES OF GIDEON KAUFMAN By David G. Eisenstein DGE kw cc: Buckwheat Associates ' 0 CITY OF APeEN MEMO FROM COLETTE PENNE