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HomeMy WebLinkAboutcoa.lu.ec.210 S Galena St. Elks Building 96A-89 , , CASELOAD SUMMARY SHEET city of Aspen DATE RECEIVED: 10~4f89 DATE COMPLETE: I 01 I X",_ . I PARCEL ID AND CASE NO. 2737-182-13-001 96A-89 STAFF MEMBER: LI_ , PROJECT N E: Condominiu ation proj ect Address: Lega1 Address: Elks Buildinq Subdivision Exemption for 210 S. Galena Street Lots K. L & M. Block 94 APPLICANT: BPO Elks No. 224 Applicant Address: 210 S. Galena st. REPRESENTATIVE: John Kellv. Oates. Huqhes & Knezevich Representative Address/Phone: 533 E. Hopkins Ave. Aspen. CO 81611 0-1700 PAID: YES NO AMOUNT: $780.00 NO. OF COPIES RECEIVED: 4 TYPE OF APPLICATION: 1 STEP: 2 STEP: P&Z Meeting Date PUBLIC HEARING: YES NO CC Meeting Date ) JI/3ki , VESTED RIGHTS: YES NO PUBLIC HEARING: YES @ VESTED RIGHTS: YES NO Planning Director Approval: Insubstantial Amendment or Exemption: Paid: Date: -', :E~LS: city Attorney city Engineer Housing Dir. Aspen Water city Electric Envir. Hlth. Aspen Consolo S.D. Mtn. Bell Parks Dept. Holy Cross Fire Marshall Building Inspector Roaring Fork Energy Center School District Rocky Mtn Nat Gas State Hwy Dept(GW) State Hwy Dept(GJ) Other DATE REFERRED: !@(r d (.~! INITIALS: Fr' ROUTING: / DATE ROUTED: /<-s-..3l fO city Atty ~ City Engineer ~Oning Housing Other: FILE STATUS AND LOCATION: C{~f r ~ INITIAL: eL Env. Health WRAP-UP SUMMARY SHEET FOR: EXEMPTION/CONDOMINIUMIZATION THE ELKS BUILDING SUBDIVISION The City Council adopted Ordinance 76 approving the subdivision exemption for the Elks Building at their January 8, 1990 meeting with the following conditions of approval: 1. The applicant shall file a plat to be reviewed and approved by the Engineering Department and the plat shall include but not be limited to: a) licensed encroachments (if not licensed than licensing should occur before final approvals); b) inside dimensions and ceiling heights and limited or general common elements; c) parking spaces and dumpster location; d) required certificates; 2. Prior to filing the drainage system should be installed in the parking discharges. final plat, the existing storm identified or a drywell shall be area for receiving roof drain 3. A 4x4 foot utility pedestal easement at the northeast corner of the property. /"., >. ORDINANCE NO. 76 (SERIES OF 1989) AN ORDINANCE OF TIlE ASPEN CITY COUNCIL GRANTING SUBDIVISION EXEMPTION FOR THE CONDOMINIUMIZATION OF THE ELKS BUILDING WHEREAS, pursuant to section 7-1007 of the Aspen Land Use Code, a Condominiumization is a Subdivision Exemption by the City Council; and WHEREAS, Edwin Erwin, the Trustee Chairman of the B. P.O. Elks No. 224, represented by John Kelly, has submitted an application for the Condominiumization of the Elks Building located at 210 South Galena Street; and WHEREAS, the Engineering Department, having reviewed the application has made referral comments; and WHEREAS, the Planning Office, having reviewed the application pursuant to section 7-1007, and reviewing the referral comments from Engineering, recommends approval with the following conditions: 1. The applicant shall file a plat to be reviewed and approved by the Engineering Department and the plat shall include but not be limited to: a) licensed encroachments (if not licensed than licensing should occur before final approvals); b) inside dimensions and ceiling heights and limited or general common elements; c) parking spaces and dumpster location; d) required certificates; 2. Prior to filing the final plat, the existing storm drainage system should be identified or a drywell shall be ...." / .'..... installed in the parking area for receiving roof drain discharges. 3. A 4x4 foot utility pedestal easement at the northeast corner of the property. WHEREAS, the Aspen city council having considered the Planning Office's recommendations for Condominiumization does wish to grant the requested Subdivision Exemption for the Elks Building. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO: Section 1: That is does hereby grant a Subdivision Exemption for condominiumization, with the previously mentioned conditions recommended by the Planning Office, to the Elks Building at 210 South Galena Street, Block 93, Lots K & L. Section 2: That the city Clerk be and hereby is directed, up:.m the adoption of this ordinance, to record a copy of this ordinance in the office of the Pitkin County Clerk and Recorder. Section 3: If any section, subsection, sentence, clause, phrase or portion of this ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such provision and such holding shall not affect the validity of the remaining portions thereof. 2 section 4: Nothing in this ordinance shall be construed to affect any right, duty or liability under any ordinance in effect prior to the effective date of this ordinance, and the same shall be continued and concluded under such prior ordinances. section 5: A public hearing on the Ordinance shall be held on the ~ f ~///7.1h 90 day oF7' 19~ at 5:00 P.M. in the city council Chambers, Aspen city Hall, Aspen Colorado, fif~een (15) days prior to which hearing a public notice of the same shall be published one in a newspaper of general circulation within the City of Aspen. INTRODUCED, READ AND ORDERED PUBLISHED as provided by law, by the City Council of the city of Aspen on the IWwJJ-J , 1989. //~ day of ~~ A~ST: 'j/ t~~~)/~ Kath:tyn '. Koch, Clty Clerk ~ 1 1"INALLY 90adopted, /'=; , 19t1O. passed and approved this ? day of ~':~~.. William L. tirling, Mayor ATTEST: ~-a K3thryn ll/cc.elks.ord 3 MEMORANDUM FROM: Mayor and Council Bill Efting, Acting City Manager~~ Leslie Lamont and Amy MargerUm~anning TO: THRU: DATE: January 8, 1990 RE: Ordinance No. 76, Elks Building Subdivision Exemption for Condominiumization ----------------------------------------------------------------- ----------------------------------------------------------------- SUMMARY: The Planning staff recommends approval, on second reading, of Ordinance 76 approving the subdivision exemption for condominiumization of the building into four condominium units. COUNCIL GOALS: The condominiumization of the Elks building will facilitate the renovation and restoration this historic landmark which complies with Goal 10. PREVIOUS COUNCIL ACTION: On December 11, 1989, the Council read Ordinance 76. BACKGROUND: According to the application: the Elks have just spent a significant portion of their cash reserves to repair a collapsed roof. They were also informed by the Fire Marshal that the building must be brought up to code. The club will have to borrow money for this renovation and use distinct properties as securi ty. They have been informed by tax counsel that it is necessary to separate the property in a legal sense. Therefore the proposal is to condominiumize the building by floors creating four condominium units. Please see the attached application. PROBLEM DISCUSSION: Pursuant to section 7-1007 condominiumization is exempt from subdivision and shall be reviewed by the Council. Because this proposal is not a condominumization of residential units the housing impact fee and minimum lease restrictions are not applicable. The applicant, however, must file a plat which shall be reviewed and approved by the Engineering Department. Attached is the referral from the Engineering Department regarding the condominumization. RECOMMENDATION: condominiumization conditions: Staff recommends of the Elks Building approval with the of the following 1. The applicant shall file a plat to be reviewed and approved by the Engineering Department and the plat shall include but not limited to: . , a) licensed encroachments (if not licensed then licensing should occur before final approvals; b) inside dimensions and ceiling heights and limited or general common elements; c) parking spaces and dumpster location; d) required certificates; 2. Prior to filing the final plat, the existing storm drainage system should be identified or a drywell shall be installed in the parking area for receiving roof drain discharges. 3. A 4x4 foot utility platted on the final property. pedestal easement shall be required and plat at the northeast corner of the PROPOSED MOTION: I move to approve Ordinance 76, Series of 1989 with conditions. CITY MANAGER COMMENTS: ::i C. ool/({-fy. Attachments: Ordinance No. 76 Application Engineering Referral Comments elkscc 2 " b) inside dimensions and ceiling heights and limited or general common elements; c) parking spaces and dumpster location; d) required certificates; 2. Prior to filing the final plat, the existing storm drainage system should be identified or a drywell shall be installed in the parking area for receiving roof drain discharges. 3. A 4x4 utility pedestal easement shall be required and platted on the final plat at the northeast corner of the property. PROPOSED MOTION: I move to read Ordinance , Series of 1989. I move to adopt Ordinance No. on-:f:[rst reading with conditions. CITY MANAGER COMMENTS: Attachments: Ordinance No. Application Engineering Referral Comments 2 '"' , MEMORANDUM FROM: City Engineer Leslie Lamont, Planning Office TO: RE: Elks Building Condominiumization Subdivision Exemption for DATE: October 12, 1989 ---------------------------------------------------------------- ---------------------------------------------------------------- Attached for your review and comments is Kelly on behalf of the B.P.O. Elks Exemption approval. an application from John requesting subdivision Please review this material and return your comments no later than October 30, 1989. Thank you. MEMORANDUM To: Leslie Lamont, Planning Office From: Chuck Roth, Assistant City Engineer t?~ Date: November 6, 1989 Re: Elks Building Condominiumization Having reviewed the above referenced application and having made a site inspection, the Engineering Department has the following comments: 1. The plat does not indicate whether or not the encroachments are licensed. If the encroachments are not licensed, licensing should be required prior to condominiumization approvals. Additionally, if the applicant is contemplating extensive renovation expenses, it is requested that the applicant remove the encroachment from the alley at that time and provide for their needs on their property site. Alleys are required to be twenty feet wide for emergency access purposes. The full width is also needed for the increasing number of utilities which are now buried. Phone, electric and television were once aerial utilities. Add to that list gas and sewer lines, and the alley right-of-way is extremely crowded for buried utilities. The P & Z and Council may also want to consider requesting the removal of the stairs from the right-of-way on both Hyman Avenue and Galena street. Each of these stairways encroaches into the required eight foot sidewalk width in the commercial core. 2. If approved, the plat must include inside dimensions and ceiling heights and limited or general common element designa- tions. 3. A four foot by four foot utility pedestal easement is requested at the northeast corner of the property. 4. The plat must show parking spaces and their limited or general common element nature. 5. The sidewalks and curbs and gutters are in satisfactory condition. The applicant may wish to consider installation of a snow melt system in the sidewalk. Many buildings in the commer- cial core are installing these systems for labor and liability savings. , 6. The plat must indicate a dumpster location which is located on the applicant's property. A brief inspection of the plat does not reveal the required labelling of zone district. 7. The existing storm drainage system is not indicated. If existing roof drains discharge into the alley or street, it would be desirable for a drywell to be installed in the parking area for receiving roof drain discharges. 8. It is suggested that a mortgagee's certificate be placed together with other certificates on the plat. cc: Bob Gish memo_89.l07 - ,'-""--'~._--~'~~'.~' - ... n....=.... ..,,_...,;, .Aspen C9onsolidated Sanitation roist1rict 565 North Mill Street Aspen, Colorado 81611 Tele, 1303) 925-3601 Tele, (303) 925-2537 !1arch 13. 1990 Lesli Lamont City County Planning 130 S. Galena Aspen Co. 81611 RE: Elks Building Remodel Dear Lesli. Last week we received a call concerning the sewer lines and our requirements from the Elks building's contractor, Shaw Construction. We do not have a record of commenting on this project. Is there a reason why we would not have received a packet from the planning department on this project? To the best of our knowledge. the Elks building still has their roof drains connected to the sanitary sewer system. These have to be disconnected and run to a dry well. Any building that contains a restaurant doing a significant remodel is required by our regulations to replace their grease trap with a grease "interceptor." Until these concerns are addressed with plans sent to our office for review, we cannot accept additional sanitary sewer flow from this project. Would you please send names and addresses of the owners. architects, and other concerned parties so that we can inform them of our requirements so as to not hold up their project at the last moment. Thank you for your assistance. 7 '.7ai:,,~",/ Tomas R. ~racewell Collection System Su erintendent cc Gary Lymon Elks - I 4 1990 "...... Aspen Elks Lodge #Z24 210 S. Galena St" #21 Aspen, CO 81611 Lodge 920-4384 Office 925-3516 March 26th, 1990 Lesli Lamont City Planning 130 S. Galena Aspen, Co 81611 RE: Elk Building Remodel MAR 2 7 1900 Dear Lesli: Our roof drain does not go into the sewer system. The sewer line by that drain is only 5.5 feet deep according to our architects. Our roof drain goes into the basement floor which is 12 feet below grade and then out into a drywell in our parking lot. Cge~ Ed Irwin Trustee Chairman cc Aspen sanitation District ,'" ASPEN/PITKIN PLANNING OFFICE 130 S. Galena street Aspen, Colorado 81611 (303) 920-5090 October 12, 1989 John Kelly Oates, Hughes & Knezevich 533 E. Hopkins Ave. Aspen, CO 81611 RE: Elks Building Subdivision Exemption Dear John, This is to inform you that the Planning Office has completed its preliminary review of the captioned application. We have determined that this application is complete. We have scheduled your application for review by the Aspen City council on Monday, November 13, 1989 at a meeting to begin at 5: 00 pm. The Friday before the meeting date, we will call to inform you that a copy of the memo pertaining to your application is available at the Planning Office. If you have any questions, please call Leslie Lamont, the planner assigned to your case. sincerely, Debbie Skehan Administrative Assistant A'I.T1\aiMI'Nl' 1 lAND USE APPLICATICN :F'CH( 1) 2) Project Name Project location B.P.O.E. Condominium 210 South Galena Aspen, CO Lots KLM, Block 9 (indicate street ad:tress, lot & block: mmi:Jer, legal -"-- ..iption whel:e awrcPriate) 3) Present Zonin.J 4) Lot Size 9,000 sq. ft. 5) Applicant's Name, Address & Phone # Benevolent Protective Order of Elks, Aspen Lodge No. 224 6) Representative's Name, Address & Phone # John T. Kellv. Eso.. c/o Oates. Hughes & Knezevich, P.C., 533 E. Hopkins, Aspen. CO 81611 7) Type of Application (please dleck all tl,1at awly): Cbrditional Use <l:lI'Deptual SPA <l:lI'Deptual Historic Dev. Special Review Final SPA Final Historic Dev. 8040 Greenline <l:lI'Deptual roo Mimr Historic Dev. stream Margin Final roo Historic IleI1nlition Mountain view Plane SUbdivision _ Historic Designation x <Drrlaniniumization _ TextfMap 1IIoerljnert: Lot Split/IDt Line Mjust::JJaIt _ ~ Allobnent _ ~ EKalption 8) Description of awraximate sq. pr:qJert:y) . Exist.iD] Uses (J1I1riv>1:" ani t;ype of exist.llg stJ:ucbn:es; ft.; J1I......... of l..tih.~; any pi:eIIiws awravaJ.s granted to the Elks Lodge and commercial building, both retail and office. Approximate square footage 21,300. See attached list for existing tenants. Applicant has received necessary historic approvals. 9) Description of Devel~d; Application Subdivision exemption for condominium of existing Elks building into four condominium units as shown on attached plat. 10) Have ycu attadJed the followin::J? ~ Re:>p:::IIlSe to Attadmlent 2, MinimJm ~;lIhni~cdcn a:ntent:s X Respollse to Attadmlent J, Spedfic f:!lhni=ion a:ntent:s RespalSe to Attadmlent 4, Review staniards for Your Application " ........ LAW OFFICES (1('"' ... 0 \ OATES, HUGHES & KNEZEVICH LEONARD MOATES ROBERT W HUGHES RICHARD A KNE~EVICH PROFESSIONAL CORPORATION THIRD FLOOR. ASPEN PLAZA BUILDING 533 EAST HOPKINS AVENUE ASPEN. COLORADO 81611 AREA CODE 303 TELEPHONE 820-1700 TELECOPIER 920-1121 JOHN M ELY October 2, 1989 OF COUNSEL: JOHN THOMAS KELLY Ms. Leslie Lamont AspenlPitkin Planning Commission 130 S. Galena Aspen, CO 81611 RE: Request for Subdivision Exemption, B.P.O.E. Condominium Dear Leslie: Enclosed herewith you will find the following: 1. completed application, 2. application fees: planning office - $700 and engineering - $80, 3. title certificate, and 4. proposed condominium map. This is a request for a Subdivision Exemption Application to divide the Elks building into four condominium units. Each floor shall consist of a condominium unit as shown on the attached plat. The impetus for condominiumization resulted from the following circumstances. Last year the Elks were forced to spend a significant portion of their cash reserves on the repair of a collapsed roof. They have also been informed by the fire marshall that the building must be brought up to code. This obviously will necessitate that an expensive (in excess of $1,000,000) remodel be commenced. The result is the club will, for the first time, have to borrow money and use distinct properties as security. In borrowing money, we have been informed by tax counsel that it is necessary to separate the property in a legal sense, hence the need for condominiumization. - --. OATES, HUGHES & KNEZEVICH, P. C. Ms. Leslie Lamont October 2, 1989 Page 2 We would appreciate an early setting on the counsel agenda in order that we may proceed with the remodel plans. All required approvals from H.P.C. have been obtained. If you need anything further, please do not hesitate to contact me. Ed Erwin, chairman of the board of trustees, has executed this letter below indicating his approval of the foregoing application. Sincerely yours, P.C. B John T. Kelly JTK/klh Enclosures JTKl. 35 Approved and Authorized: :~p~~ Ed Erwin Trustee Chairman 210 S. Galena No. 21 Aspen, CO 81611 (303) 925-3516 Aspen Elks Lodge #t24 210 S. Galena St., #21 Aspen, CO 81611 Lodge 920-4384 Office 925-3516 Tenants in the Elk's building at 210 S. Galena. Esprit Shooter's Hagman - Yaw Ed Smart william Lipsey Aspen Survey Engineers Graeme Means Donnelley Erdman "...., "'" v . PITKIN COUNTY TITLE, Inc. Vincent J, Higens President Title Insurance Company 601 E. Hopkins, Aspen, Colorado 81611 (303) 925-1766 . (303) 925-6527 FAX CERTIFICATE OF OWNERSHIP Pitkin County Title, Inc., a duly licensed Title Insurance Agent in the State of Colorado hereby certifies that ASPEN LODGE NO. 224, BENEVOLENT AND PROTECTIVE ORDER OF ELKS OF THE UNITED STATES OF AMERICA are the owner's in fee simple of the following described property: LOTS K, LAND M, 8LOCK 94, CITY AND TOWNSITE OF ASPEN, COUNTY OF PITKIN, STATE OF COLORADO Subject to easements, rights-of-way and encumbrances of record, This certificate is not to be construed to be a guarantee of title and is furnished for informational purposes only. Christina M. Davis Vice President ASPEN/PITKIN PLANNING OFFICE '1 r.o -4 'if'! 130 South Galena Street Aspen, Colorado 81611 (303) 920-5090 LAND USE APPLICATION FEES City 00113 00125 00123 00115 County 00113 00125 00123 00113 -63250-134 ~3270-136 ~3280-137 -63300-139 ~3310-140 ~3320-141 REFERRAL FEES: ~3340-205 ~3340-190 ~3340-163 ~3160-126 -63170-127 ~3180-128 ~3190-129 ~3200-130 ~3210-131 ~3220-132 -63230-133 -63450-146 REFERRAL FEES: ~3340-205 ~3340-190 ~3360-143 PLANNING OFFICE SALES 00113 ~3080-122 ~3090-123 ~3140-124 ~9000-145 Name: F- lA', /J ...j }L~ <' '-~'(-::/ I GMP/CONCEPTUAL GMP/FINAL SUB/CONCEPTUAL SU B/FI NAL ALL 2-STEP APPLICATIONS ALL 1-STEP APPLICATIONS! CONSENT AGENDA ITEMS ENVIRONMENTAL HEALTH HOUSING ENGINEERING -7cX',OO oO,,-'u SU BTOT AL 7- -" (), ,_) (j GMP/GENERAL GMP/DETAILED GMP/FINAL SUB/GENERAL SUB/DETAILED SU B/FI NAL ALL 2-STEP APPLICATIONS ALL 1-STEP APPLICATIONS! CONSENT AGENDA ITEMS BOARD OF ADJUSTMENT ENVIRONMENTAL HEALTH HOUSING ENGINEERING CITY/COUNTY CODE COMPo PLAN COPY FEES OTHER SUBTOTAL TOTAL 1x-).,)0 Address('-,,'l, , J ) iI.' (,'y( /' i\) /' () >/ /{, -/! Phone: Project:F ,;'1 , ii 11)/ ~i [y;:,_;' ,J h '/' I Date: ,J / / : '/ ; Check # Additional billing: / /.: ,)C-? ,,)/ ,- -) #ofHours: