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Home My WebLink Aboutcoa.lu.ec.Buckwheat Subd.1981 ; MEMORANDUM TO: Collette Penne, Planning Office Engineer~ FROM: Daniel A. McArthur, city 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. MEMORANDUM DATE: March 30, 1981 TO: Colette Penne,---' - :"0\ Pau.1. 7addune\ FROM: RE. Buckwheat ~ubd~vision 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 ~s made while the ninety-day option is still in effect, the tenant may purchase the unit for the amount of the ~nitial sales price or the amount of the offer, whichever is less; and (b) All units shall be restricted to six (6) month minimum leases, with no more than two (2) shorter tenanc~es per year; and (c) Applicant shall demonstrate that approval will not reduce the supply of low and moderate income housing. PJ'l'/mc ~ "....... . MEMORANDUM TO: City Attorney I City Engi neer 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 eight-plex 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: P & Z./' Approved ./ Denied Date '-//2-IIVI , j\pr~I~~V\ ~~ if, ~(t~~J" ;Ij'j:' Ii ~~ ~/~" ~,20-22- A U .r::,~ 9 h. ~-', ' h ,,,,I. r\((j L\ Ie q ... 1-..- (1 Vh,d ~.. \. (t- '1t -3 , .uJL >\1- -I'..I~" >. ,(,- 'liI"\ (Jr ~; cL ,.:f~.c+ b,~; Id, ,;t., , ^, "-' .~'J;" ,,~--L,'I', \, oJ '.. ,I.. '.-- iI ~,t ',~ lh , '{ ',_~ l.., ~\'~ f ,'."..t ::- ,~.Ald'~ .sue -<c I l. ~\---' -to M:" L:. Jk -I- i,--,-" \ Council /~~'::"1~~:~ ~ ~~t~~ \~if~>:~b'lre ~~;~~~~~;':\'~ ~(J J J I, I "I, .-"/' J -1-{.", ~.. 1,1' ~"rl-..J _"//1J{.:lIO\/~ 5n~r ,~-. ,0. (!) i (U1~;, iF/J~ " '\. 1.y"",,"..?O.~tr. ~ '/..4/1 . y' '".. " c,' '. \"'. 0.. :!ii;z:. -+0 OH!I+ ,,1/ " ,',; l:i..'3 (() e.vu I ~ . i.ii/; ill : rV'tnJ\! c" ',:. d-s; Os (w+I'ilQ(~ r<, J !", l ..(Z) yV~ G :)...CCf\ u~) ';::J '01.11 , -. \\ (' I ~::. > I , , c".. ~ l<ufVl' J, " ' ( \ 10. ROUTING: Attorney /Building /Engineering Other ... '- P("" . t._._ ., ,.;,. )1) \, " Regulnr Meeting Aspen City Cou~cil June 25, 1979 Councilman Behrendt moved to approve the renewal subject to Stock's COMnents; 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 Saar told Council they wanted to use the space vacated by the old newspaper racks outside the store to sell fruits and vp.getables. 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 Baar said this policy was directed against out-of-town vendors who opened up their trucks on City private. Baar 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 tha~ is going to demean the town. Stock said because of the Constitutional requirement to treat people equally, if they have a similar license with similar 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 Ccuncil 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 s~bdivision 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. 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 tne 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 p~inted out the Council has created a situ~tion 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 SUDDIVISION APPROVAL - Buckwheat ) Vending contrac' I Peppermint Patti Vending request Tan I s !>E.rket '] ] sutdivision Exemption ~Threiler Grice told Council this application had initially requested an exception from conceptual Final review. At the preliminary stage several problems Here iden-tified. Aspen !>tetro Sanitation Subd'vi 'on District requested the applicant accept responsibility for the 6 inch service line. The Bu.~1.W~.l at fire marshal noted the subdivision did not meet the design standards, there was not a fire h ~ hydrant. The engineering department had five technical problems wi~h the plat. ~he applicant is required to solve the problems before final plat. 'l'he application is to sub- divide the 28,656 square foot site into two pieces; one lot ~';oulc1 b~ 6,000 square feet and contain a single family residence, the other J_ot j,s 22,000 squa~e feet alld contains an B unit apartment building. Grice not.ed to Council the fire hydrctnt problem has been so1.\"ed in the improvement agree- ment; they Kill add a hydrant. The extension of the service li~.2 for Metro Sa:'), is also r- ,,"v r'O',,", ') ,,' , !) i)' ,,' ~ . . ".. ...: Hegular Meeting Aspen City Council June 25, 1979 in the agreement. ThE:: engineering department outlined some things that need to be changed in the agreement and in the plat; the applicants have agreed to make those changes. The City Attorney has reviewed the ugrcement 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 enforcemerlt of one of the documents. Councilman Isaac asked if the applicant had plans for subdividing the B 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 Subdivision Exemption Ditt.nar Grice told Council this is a request for subdivision exemption for a duplex in Pitkin Mesa, for condominiumization. Dittmar occupies one unit; the tenant does not desire to occupy the other unit. Grice said he calcvlated the square footage rent and it does not fall 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 SPhCIAL REVIEW KSNO Special Fevi.e:w for anployee housing Jim Reents, planning office, told Council this application was before Council because of difficulties. The planning office had contact with this project late in 1978 to discuss what could be done in terms of providing employee housing and rebuilding the radio studio on the existing site. At that time, they said KSNO could apply for the FAR bonus existing under the current C-l 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 cont~ol. Yaw is request- ing the cover0d parking be deleted from FAR, and to fix the calculation method for this project as it presently exists, which is to include only areJS 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-l 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 ou the recommendaticn 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 ort the agenda latel". Council can eliminate this problem by tabling Ordinance #34; amend section 6 by add ins special review under the employee housing are exempt and not create a problem; or defeat ~;~e ordinance. -"--_.....~ , .4l. W.. APPLICATION FOR EXCEPTION FROM SUBDIVISION REGULATIONS Request is hereby made on behalf of BUCKWHEAT ASSOCIATES (hereinafter collectively referred to as "applicant") under S20-19(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 I 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 Ii , ! , 1981. LAW OFFICES OF GIDEON KAUFMAN ~# By ~ Gideon fman Attorney for Applicant 611 West Main Street Aspen, Colorado 81611 (303) 925-8166 - 2 - , ..-. /"-... , \ ISb'lI~1 ~v.ler ....... ,.J No. .2:L-?/ CASE LOAD SUMMARY SHEET Ci ty of Aspen 1. DATE SUBt4ITTED: (/larth IJ, (:/1 STAFF: 2. APPLICANT: ffickwht'O+ ks\{)(';a+er (hlf/It /-1'I;!/lL 3. REPRESENTATIVE: G~J deCrL , , r:. elL' -+ " I ( ( 11 ,:4. v ./ 4. PROJECT NAME: -=BLA e k Lc i, (I 0ub::L vis', M'~ fxcepf,'cl1 ((MJ~) 5. LOCATION: Lot,;)) ~u e kt..rJh t"D +- ,it beL [J/ S i LOn J , '..' 'J (' r " I 'f -'1'1 i'j' ('1./)11 6. TYPE OF APPLICATION: Rezoning P.U.D. Special Review Growth Management HPC ~SUbdivision -X-Excepti on Exemption 70:30 Residential Bonus ____Stream Margin ____8040 Greenline View Plane ____Conditional Use ____Other ~,pd' 1I)(},bD , 0Lii:Jqd Jltr/RI I , ' " ,', j' !. ::J n (il.; n', IIi I !J ;I! ih,TI I [i,n../ 7. REFERRALS: ____Attorney ____Engineering Dept. _Housing Water _City Electric Sanitation District ____School Oistrict Fire Marshal Rocky Mtn. Nat. Gas Parks State Highway Dept. Holy Cross Electric ____Other Mountai n Be 11 8. REVIEW REQUIREMENTS: .... - ..., -- MEMORANDUM TO: Aspen City Council FROM: Colette Penne, Planning Office RE: Buckwheat Subdivision Exception (Condominiumization). ~lr; }. DATE: May 18, 1981 APPROVED AS TO FORM: tV(<>--, / Zoning: Location: Applicant Request: Referral Agency Comments: / {!k~ ({) R-6 Residential Lot 2, Buckwheat Subdivision 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) All units shall be restricted to six (6) 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. Cit.{' En~ineer -- After review of the condominium map and a slte lnspection, the Engineering Department feels the following items should be corrected before the condominium map is recorded: 1) Owner/applicant shall describe all survey monuments b04lnd 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. ,........ ---~. - ......,.t 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 outl i ned 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: Buckwheat <;lIhciil{iSiQ~~tjon (Condo!!li!1iumi~ationl DATE: April 14, 1981 Zoning: Location: Background: Applicant's Request: Referral Agency Comments: R-6 Res identi~J. Lot 2, Buckwheat Subdivision 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 building under review. It should be noted that at the time of the lot split, the app1 icant ~s attorney stated in a 1 etter dated February 28, 1979, that "this subdiVl'sion 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 tinct.., 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 mtddle income guidelines. Subdivision ~~e~j~n for ~~~~~i~~~~~:~~~ ~~ ;~~IHul.i.t apart~ent bUildinq o~ ~ prpvinll~ly suhciivjpprl D~rcel (Lot 2, Buckw eat 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 init.ia1 sales price or the amount of the offer, whichever is less; and (b) ^11 units shall be restrictec to six (6) 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. Cit~ Engineer -- After review of the condominium map and a slte inspection, the Engineering Department feels the following items should be corrected before the condominium map is recorded: .""-' """' ....... ~ondominiumiz~ttont ,"-, Memo: Buckwheat Subdivision Exceptton Page Two April 14, 1981 1) Owner/applicant shall describe all survey monuments bound and set. 2) l- 3) v ' /, \ Owner/applicant shall record past subdivision approve- ment agreements for the Buckwheat Subdivision prior to recording the Buckwheat condominiumization map. 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. ]) 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 inspEctiqn on April 16. His comments will not make the deadline of this memo, but he will attend the April 21 meeti ng and will verbalize any problems that exist. Planning Office Recommendations: After reviewing referral agency comments, past history of the Buckwheat Subdivision and a site inspection, the Planni g Off'ce recommends a roval of the s .., or "SIll!. QJll', nl umua 1 o.~, .of ,t , ~,,",,,';;J!'ll~ ~!'I.\;~,(;gJ: ~Pilr;tmel:l,t....aui.14 iug suo ectto tti'e"r'e ufrefuents-9,1.,,~~JJ.~J!t9~QrL\lf.liR.fl o a 1 ou lne ,the Cit~ E..lJ.9.ineer" This recommenda- 1rfon Wl, ~ con 1 lone' 'alSO-on any prob1ems raised by the~nspector. We want to stress the need for a ,parktng-p1a~ for the property which requires the upgrading of the present lot, Th~ applicant had indicated at the time of tne 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. , yu. \ "', r~ I), 1", ;A (I , ~4' '.0 vc', ~''''r,dL'''''''' , \ :ft . ("Vv-r~ \...0. u:... l' \ ' . , " : . "c :, ./ I ,< ,..' '. I .{' \ flAil .....:' 0."''' 'j.> ":,,,- ;' 'I V , ! \)' 'te'_..... ~i, , J /"' .., '--, " . iT c.' ..,- '. ,'~ - f' ' II. r-L, ~ c /, 9 " I /0r' Z - l li v,."._,' t ~o> \ ' f '. , , _/' D j '\.- ., .... I.AW OFFICES GIDEON I. KAUFMAN BOX 10001 611 WEST MAIN STREET "SPEN. eOI-ORAOO sal11 GIDEON I. KAUFMAN DAVID G. EISENSTEIN TEL.EPHONE: AREA CODE 303 925-8H58 May 7, 1981 Herbert Paddock City of Aspen Building Department 506 East Main Street Aspen, Colorado 81611 Re: Buckwheat Condominiumization Dear Herb, 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: l. will be heating The concerns relating to the boiler room alleviated by the installation of baseboard 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. A' '. '). ), 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. Thank you for your consideration and help in this matter. Sincerelv, COPY ~~:~~1 GIJ~Oi-J KAUFMAN Gideon Kaufman GK:jo cc: Anthony J. Mazza, Esquire LAW OFFICES GIDEON L KAUFMAN BOX 10001 61 1 WEST MAIN STREET ASPEN. COLORADO 8161 1 DAVID G. EISENSTEIN March 11, 1981 (\-',.'", ' :' I l.;, _.- tA/.\I', 1 j(.f'- ~._-,.,. TELEPHONE 'AREA CODE 303 925-8166 GIDEON l. KAUFMAN -' ~,: / '.,,1 (- PL,' I ,'.~ 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 ~e 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 U~2~,f! 2!~WJtfZ~ David G. Eisenstein DGE kw cc: Buckwheat Associates , 0 " , CITY OF AS-PEN ~ MEMO FROM COLETIE PENNE - e; (.hO,yJ G", '-' ':, 0 r ; 'r ,"J \n<Q"',O f ~"",--lslm1 -h C,4,Yf~"'" I Lt I hYf'J P led- ~ ~c,,\Q t:>\",J- ~h\ ,,;,;^: - I(T~,,'S .;:~AJ)d,~'\S'OY\ ~s nof- I CJ> nk IV< ~ O-~ ~. ~LG Q.o4\ J &vY' ; n ; L< '" j fa!,;" I of +~ &cJ: w~t-A~rI,~.~":;l''*1 '~o ,\-kL /01 spl,--!- ql~lo.;,^.J 0-1.... Ur ,,' ~,fly~ -~Ol~~ P ,\COJ' - ~ ,,-' ,:;; , I ~bd;",~;~ ~s no-+ c.o-l'*r<tICL~ I I tko- ~6""'";U""frho1') of T'" &JJ.J, A p<l~ ..1::) ~+ riel, I~ ct,,, JD+~ltl iZ,x:P h.,. ,,,A ,k, v. ," U I I