HomeMy WebLinkAboutcoa.lu.ec.400 E Cooper Ave.1983
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SACHS, KLEIN & SEIGLE
JAMES H. DELMAN
B. JOSEPH KRABACHER
PROFESSIONAL CORPORATION
ATTORNEYS AT LAW
201 NORTH MILL STREET
ASPEN. COLORADO B 161 t
TELEPHONE
(303) 925-8700
JEFFREY H. SACHS
HERBERT S. KLEIN
JON DAVID SEIGLE
April 1, 1983
HAND DELIVERED
Aspen Planning Department
Aspen City Hall
130 South Galena Street
Aspen, CO 81611
RE: Application for Exception
Golden Horn Building
Gentlemen:
Enclosed in triplicate is the Application for Exception from
Subdivision Regulations which is submitted on behalf of Golden
Horn Building, Ltd. Also enclosed is a check for $1,010.00 as
the filing fee for this Application.
It would be appreciated if you would commence processing
this Application and inform the undersigned as to the progress of
review and the first scheduled public hearing pertaining thereto.
If you should have any questions concerning the Application or
enclosed exhibits, please feel free to telephone the undersigned.
Thanks much for your attention to this matter.
Very truly yours,
By
KLEIN/&
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Enclosures
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MEMORANDUM
TO:
Engineering Department
city Attorney
Building Department
FROM:
Colette Penne
RE:
Golden Horn Building condominiumization
DATE:
April 6, 1983
Attached is an application for subdivision exception for the
purposes of condominiumizing the Golden Horn Building. We would
appreciate your comments on the plat and a report by the
Building Department on a life, health and safety inspection no
later than April 20th as this item is scheduled for the May 3rd
P&Z agenda.
Thank you.
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MEMORANDUM
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FROM:
Colette Penne, Planning Office
Jay Hammond, Assistant City Engineer~
TO:
DATE:
April 18, 1983
RE:
Golden Horn Condominiumization
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Having reviewed the above application, and made a site
inspection, the Engineering Department has the following
comments:
The platting of the proposed Golden Horn Condominium raises
a number of questions with regard to encroachments and the
portion of the parcel deeded to Aspen Sports. It would
seem that many of these questions may have been handled in
prior plattings or in the letter agreement with the City
referenced in the written description accompanying the
deed attached to the application. Proper review of this
application requires copies of those documents recorded in
book 203, pages 69 and 70, book 203, pages 92, 93, and 94,
and book 316, page 265.
Pending review of the above listed items, the only further
platting requirements would appear to be titling and
inclusion of required approval certificates.
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MEMO RAN DUM
TO: Aspen Planning and Zoning Commission
FROM: Colette Penne, Planning Office
RE: Golden Horn Building - Subdivision Exception (Condominiumization)
DATE: May 4, 1983
Location: Lots K and L, Block B9, City and Townsite of Aspen - 400 E. Cooper.
Zoning: CC.
App 1 icant 's
Request:
The applicant is requesting exception from subdivision for the
purpose of condominiumization (as per Section 20-19(a) of the
Municipal Code) of the Golden Horn Building.
Referra 1
Comments:
The Engineering Department's comments concern platting requirements
to be completed prior to recordation of the condominium plat.
These include the addition of titling and the required approval
certificates. Further information is requested concerning encroach-
ments on the west side of the property and the portion of the parcel
deeded to Aspen Sports on the east side. (The specific information
requested for review which mayor may not result in plat alterations
are those documents recorded in Book 203, Pages 69 and 70, Book
203, Pages 92, 93 and 94, and Book 316, Page 265.)
The Building Department inspected the Golden Horn Building and
noted several deficiencies in terms of minimum life, health and
safety standards and a copy of their memo is attached.
Planning Office
Review: The existing building will be divided into four condominium units.
Unit 1 is the basement area which is occupied by the Golden Horn
Restaurant and has been continuously occupied as a restaurant for
many years. Units 2 and 3 are located on the first floor level
and have been continuously occupied as commercial facilities for
years. Unit 4 has been an office use for years and is located on
the second floor of the building. There will be, therefore, no
reduction in the supply of low and moderate income housing as a
result of the proposed condominiumization.
Section 20-22(e) of the Municipal Code requires that the applicant
must agree to undergo an inspection of the building by the Building
Department prior to review of the request for condominiumization
by the Planning and Zoning Commission. The inspection was completed
on April 22, 1983 and deficiencies were noted in Units 1, 3 and
4. These improvements should be made prior to the transfer of
ownership of any of the units, since they are the responsibility
of the present owner of the building.
The applicant is supplying the Engineering Department with the
documents requested by them in their referral memo. If this
information results in further information to be depicted on
the plat, changes will be required prior to recording of the
condominium plat.
Planning Office
Recommendation:
The Planning Office recommends approval of subdivision exception
for the purpose of condominiumization of the Golden Horn
Building into four units with the following conditions:
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Memo: Golden Horn Building
Page Two
May 4, 1983
1. Titl ing, requi red approval certificates and any changes
resulting from the review of the documentation requested
by the Engineering Department, be added to the condominium
plat prior to recordation.
2. The life, health and safety deficiencies listed by the
Building Department in their inspection report dated April 25,
1983 be corrected prior to the transfer of any units,
3. Filing of a statement of subdivision exception in a form
acceptable to the City Attorney.
4. The owners will join any improvement district in their
area in the event one is formed.
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TO:
FROM:
RE:
DATE:
Location:
Zoning:
Applicant's
Request:
Referra 1
Comments:
Planning
Review:
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MEMORANDUM
Aspen City Council
Colette Penne, Planning Office
Golden Horn Building - Subdivision
tion)
C)
May 23, 1983
Lots K and L, Block 89, City and Town' e of Aspen ( 00 E.
Cooper) .
CC.
The applicant is requesting exception from subdivision for the
purpose of condominiumization (as per Section 20-19(a) of the
Municipal Code) of the Golden Horn Building.
The Building Department inspected the Golden Horn Building and
noted several deficiencies in terms of minimum life, health and
safety standards and a copy of their memo is attached.
The Engineering Department offered the following recommended
conditions:
1. The plat should note the existing encroachments into the
City rights-of-way and indicate the book and page of the
recorded license.
2. The plat should indicate the bearings and dimensions of
the lot line adjacent to Aspen Sports as reflected in
the deed recorded in Book 203, Page 92.
3. Title the plat and include all appropriate approval
certificates.
4. The applicant should be required to join any future
improvement district pursuant to standard covenant
language available from the City Attorney.
Offi ce
The existing building will be divided into four condominium
units. Unit 1 is the basement area which is occupied by the
Golden Horn Restaurant and has been continuously occupied as
a restaurant for many years. Units 2 and 3 are located on the
first floor level and have been continously occupied as commercial
facilities for years. Unit 4 has been an office use for years and
is located on the second floor of the building. There will be,
therefore, no reduction in the supply of low and moderate income
housing as a result of the proposed condominiumization.
Section 20-22(e) of the Municipal Code requires that the applicant
must agree to undergo an inspection of the building by the
Building Department prior to review of the request for condomin-
iumization by the Planning and Zoning Commission. The inspection
was completed on April 22, 19B3 and deficiencies were noted in
Units 1, 3 and 4. These improvements should be made prior to the
transfer of ownership of any of the units, since they are the
responsibility of the present owner of the building.
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Memo: Golden Horn Building
Page Two
May 23, 19B3
Planning and Zoning
Commission and
Planning Office
Recommendation:
The Planning and Zoning Commission and the Planning Office
recommend approval of subdivision exception for the purpose
of condominiumization of the Golden Horn Building into four
units with the following conditions:
1. The plat should note the existing encroachments into the
City rights-of-way and indicate the book and page of the
recorded license.
2. The plat should indicate the bearings and dimensions of
the lot line adjacent to Aspen Sports as reflected in
the deed recorded in Book 203, Page 92.
3. Title the plat and include all appropriate approval
certificates.
4. The applicant should be required to join any future
improvement district pursuant to standard covenant
language available from the City Attorney.
5. Filing of a Statement of Subdivision Exception in a form
acceptable to the City Attorney.
6. The life, health and safety deficiencies listed by the
Building Department in their inspection report dated
April 25, 1983 be corrected prior to the transfer of
any units.
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APPLICATION
FOR
EXCEPTION FROM SUBDIVISION REGULATIONS
Request is hereby made on behalf of Golden Horn Building,
Ltd. (hereinafter referred to as "Applicant") under Section
20-l9(a) of the Aspen, Colorado, subdivision Regulations, for an
exception from the definition of the term "Subdivision" with
respect to the real property known as the Golden Horn Building,
and more particularly described as:
Lots K and L, Block 89, City and Townsite of Aspen
It is submitted that the requested exception is appropriate.
This application involves the condominiumization of an existing
building which contains commercial, restaurant and office
facilities. This condominiumization application is in complete
accordance with the requirements of Section 20-22 of the Aspen,
Colorado, Subdivision Regulations.
The granting of this Application will not conflict with the
intent and purposes of the Subdivision Regulations, since this
Application is clearly in the area intended for exception. The
building is already in existence, and approval of this
application will not result in any change in the density or use
of the property which is presently compatible with the current
zoning.
The special circumstances and conditions affecting the
subject real property are such that the strict application of the
subdivision Regulations for which an exception is sought would
deprive the Applicant of the reasonable use of the land. The
exception is necessary for the preservation and enjoyment of the
substantial property rights of the Applicant, and the granting of
this exception will not be detrimental to the public welfare or
injurious to other property in the area in which the subject
property is situated.
In accordance with the requirements of section 20-22 of the
subdivision Regulations, the following information is submitted
herewith:
1. The subject property is to be divided into four
condominium units. Unit No. 1 is located in the basement area
and has been continuously occupied as a restaurant for many
years. Units 2 and 3 are located on the first floor level and
have been continuously occupied for many years as commercial
facilities. Unit 4 is located on the second floor and has been
continuously occupied fOL many years as offices.
2. There has been no usage of the subject property for
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residential purposes, and thus no residential tenants will be
inconvenienced or displaced by the granting of this Application.
3. In support of this Application, the following documents
are submitted herewith:
(a) Proof of ownership as indicated by Warranty Deed
attached hereto as Exhibit A.
(b) Condominium plat map for the subject property
attached hereto as Exhibit B.
(c) Draft of proposed Condominium Declaration attached
hereto as Exhibit C.
(d) Draft of Articles of Incorporation of the
Condominium Association attached hereto as Exhibit D.
(e) Draft of Bylaws of the Condominium Association
attached hereto as Exhibit E.
Any additional documentation or testimony with respect to
this Application will be promptly submitted upon request. The
prompt consideration of this Application will be sincerely
appreciated.
Dated: March~, 19B3.
SACHS, KLEIN & SEIGLE
::tor~~r GOldO~
JeffreA ..../ Sae'h'S
/20~ 1M. ill---Street
(/sJile 01
Aspen CO B16ll
(303) 925-B700
Building, Ltd.
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(Attached 1.:"0 1.,'arrunty Deed from
.~i~ol~us Christ to Golden Horn
Building, Ltd.'
Lots K and L, Block 89.
CITY AND TO~~~SITE OF ASPEN,
E;,Cr:PTll;G from said J.ot L that
to Aspen Sports, Inc. recorded
ilt PcJgc 92,
portion de~cribed'in deed
July 10, 1963 in Book 203
al~o knQ~n as street and n~Tober:
GOlden Horn Builuiw;J
~OO Lost Cooper li.venue
Said premises are free ond clear from all former and
other grants, ba4gain3, sales, liens, taxes, asses~nents and
encumbrances of \,h.1tevcr kind or n.J.ture ~,ocver, EXCEPT general
tn;":C"~ for 1977, payahJe in 1978: and f,UBJECT TO United Stiltes
patent rt"~scl-vatioJls <:ljld exceptions; any Cu.~cmcnts c.r.d rights
of wa)' of rt.:co,rd or in existence; common wall C:.'a!;Cl':l.ent as set
forth in d~cd recorded Jury 10, 1963 in.Eook 203 at Page 92;
e.Jscl:1C:Jits ar.d encroach~ents .:1S sho"," by !;urvey dat<.~d June- 19,
1$163 and recorded Jul}" 8, 19(;3 in Book 203 at P.Jgcs 69-70 and
July 10, 1963 in Boc-k 203 at P.:::gcs 93-94j and terms and COn-
<'!ltions as ~et forth in letter agrecffient \.;i th ClL)" of Aspen
dated Septcrr.bcr 9, 1975 and recoroed September 3, 1976 in
Book 316 at Page 265; all as recorded in the records of
Pi tkin Count)', Colol"<-Hloj and FUHTHF.R SUBJEC'i' TO ilBY rights,
inlPTcsts, or claims, or any defects in the marketn.bility of
title to the subject property nri2ing from the execution or
recording of tilat C'-~I Laih ~i'.:cific ?c:"~~1""!;:~!l'=~ ('nr.f:rilct
pertaining to the sale of the subject property, d.:Jtcd
Kovenoer 8, 1977, bet\o,.cen HuLe:rt Erhard as :"iclIer ard FrLlnk
Ja WOOds, III as purch~ser; Zlnd any lis pendens recorded
against the subject propcrty.in connection with ~uch
Specific I~crfor!liancc Contract.
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~ Color~do Llinitcd Partnership
ColoLaco
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DEe 2~ PAID
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ASPEN.PITKIN Ff.:GIONAL BUILDINL DEPARTMENT
M E M 0 RAN DUM
TO: Colette Penne, Planning
FROM: Jim Wilson ~
DATE: December 16, 1983
RE: Golden Horn BUilding Condominiumization
On December 6, 1983, I walked through the Golden Horn with Claus Christ
to review corrections made to the deficiency list dated April 25, 1983.
Mr. Christ has adequately remedied all the noted items and is now in
compliance with Section 20-25 (a) of the Aspen Thlunicipal Code.
cc: Claus Christ
Box 4947
Aspen, CO. 81612
offices:
110 East Hallam Street
Aspen. Colorado 81611 303/925-5973
mail address:
506 East Main Street
Aspen, Colorado 81611
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SACHS, KLEIN & SEIGLE
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HERBERT S. KLEIN
JON DAVID SEIGLE
JAMES H. DELMAN
B. JOSEPH KRABACHER
RICHARD J. DELACENSERIE'
NANCY J. DELACENSERIE'
....OMITTED IN WISCONSIN ONLY
PROFESSIONAL CORPORATION
ATTORNEYS AT LAW
201 NORTH MILL STREET
ASPEN. COLORADO 8161 1
(3031 925-8700
OF COUNSEL
JEFFREY H. SACHS
March 26, 19B4
Mr. Paul Taddune
City Attorney
Aspen City Hall
130 South Galena Street
Aspen, CO B1611
RE: Golden Horn Building
Dear Paul:
Enclosed is a Statement of Exception pertaining to the
Golden Horn Building condominiumization. This document has
revised in accordance with your suggestion a few days ago.
trust that the document is now in proper form for execution
you, the Mayor, and the City Clerk.
been
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by
Upon approval of the condominium plat map (which has
previously been submitted for review) and the execution of the
enclosed document, please let me know when this process has been
completed and the available documents are ready for recording.
Thanks much for your assistance.
Very truly yours,
SACHS, KLEIN & ~. IGLE
profess~on~?frPor J.
By:
JHS/cah
Enclosure
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ASPEN.PITKIN MEGIONAL BUILDll\.o DEPARTMENT
MEMORANDUM
TO: Colette Penne, Planning
FROM: Jim Wilson, Fire Marshal~
DATE: April 25, 1983
RE: Golden Horn Building Condominiumization
On Friday, April 22, 1983, I inspected the Golden Horn Building
for compliance with minimum life, health and safety standards
and noted the following deficiencies:
Unit 1 (as designated on the condominium map)
1. Remove the deadbolt on the rear exit door,
2. Label the same rear door with an exit sign.
3. Repair bathroom ventilation fans.
4. Provide a handrail and a guardrail on stairway that
serves the rear exit.
Unit 3
1. Eliminate the use of extension cords by providing additional
permanent outlets.
Unit 4
1. Provide a cover for the electrical panel and provide circuit
directory
2. Provide a handrail and guardrail on exterior stairway from
second floor deck.
JW/ar
offices:
110 East Hallam Street
Aspen. Colorado 81611 303/925-5973
mail address:
506 East Main Street
Aspen, Colorado 81611
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MEMORANDUM
TO:
Colette Penne, Planning Office
Jay Hammond, City Engineering ~
FROM:
DATE:
April 27, 19B3
RE:
Golden Horn Condominiumization
---------------------------------------------------------
I have received the documents requested in my memo of April
IB supporting the deed attached to the Golden Horn
condominiumization request. The final document, book 316
page 265, addresses the question of existing encroachments
onto both the Mill and Cooper Street rights-of-way. The
City Engineering Department would offer the following comments
relative to this application:
1. The plat should note the existing encroachments into the
City rights-of-way and indicate the book and page of the
recorded license.
2. The plat should indicate the bearings and dimensions of
the lot line adjacent to Aspen Sports as reflected in
the deed recorded in book 203, page 92.
3. Title the plat and include all appropriate approval
certificates.
4. The applicant should be required to join any future
improvement district pursuant to standard covenant language
available from the City Attorney.
JH/co
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STATEMENT OF EXCEPTION FROM THE FULL SUBDIVISIO~RO~
FOR THE PURPOSE OF CONDOMINIUMIZATION~ ~
WHEREAS, the provisions of Section 20-19 of the Aspen
Municipal Code provide that the City Council may except a
particular division of land from the full subdivision process
under certain circumstances; and
WHEREAS, pursuant to said Section 20-19, Golden Horn
Building, Ltd. (hereinafter "Owner") has requested such an
exception from the full subdivision process for the
condominiumization of the Golden Horn Building (a condominium) on
real property of Owner described as follows:
Lots K and L, Block B9, City and Townsite of Aspen,
County of Pitkin, State of Colorado
WHEREAS, the Aspen Planning & Zoning Commission on May 4,
19B3, recommended approval of such request subject, however, to
certain conditions; and
WHEREAS, the Aspen City Council has determined that the
requested exception was appropriate and on May 23, 19B3, approved
the owners' application for such exception subject to the
following conditions:
1. The owners of the subject property for themselves, their
successors and assigns agree and covenant to join an improvement
district for construction of sidewalk, curb and gutter in the
event such an improvement district is ever formed in the
neighborhood.
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BOOi: 467 rA~f 795
2. Compliance by the owners with requirements established
by the Building Department of the City of Aspen, pursuant to the
inspection contemplated by Section 20-22(e) of the Municipal
Code.
Dated this ~ day of
7?;uY'"
. ,;:fITY OF
, 19B4.
ASPEN
By:0~~~
Mayor
APPROVED AS TO FORM:
0~
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Paul J. Taddune City Attorney
I, Kathryn S. Koch, do hereby certify that the foregoing
Statement of Exception from the Full Subdivision Process for the
Purposes of Condominiumization of Golden Horn Building (a
condominium) was considered and approved by the Aspen City
Council at its regular meeting held on May 23, 19B3, at which
time the Mayor was authorized to execute the same on behalf of
the City of Aspen.
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LAND USE APPLICATION FEES
City
00113 63721 . 47331 . 52100 GMP/CDNCEPTUAL
63722 ' 47332 . 52100 GMP/PRELlMINARY
63723 . 47333 . 52100 GMP/FINAL
63724 . 47341 . 52100 SUB/CONCEPTUAL
63725 - 47342 . 52100 SUB/PRELIMINARY
63726 . 47343 - 52100 SUB/FINAL
63727 . 47350 . 52100 EXCEPT/EXEMPTION I, (J 10. ~()
63728 . 47350 - 52100 REZONING
63729 - 47360 . 52100 SPECIAL REVIEW
SUB.TDTAL I, l) /0.06
.
County
00113 ' 63711 - 47331 - 52200 GMP/GENERAL
63712 . 47332 . 52200 GMP/OETAILED
63713 . 47333 . 52200 GMP/FINAL
63714 . 47341 - 52200 SUB/GENERAL
63715 - 47342 ' 52200 SUB/DETAILED
63716 ' 47343 ' 52200 SUB/FINAL
63717 ,47350 ' 52200 SPECIAL REVIEW
63718 ' 47350 ' 52200 REZONING
63719 - 47360 . 52200 SPECIAL APPROVAL
SUB.TDTAL
PLANNING OFFICE SALES
00113 63061 - 09000 . 52200 COUNTY CODE
63063 . 09000 ' 52200 ALMANAC
63062 . 09000 ' 00000 GMP
63066 . 09000 . 00000 COPY FEES
63069 - 09000 OTHER
ASPEN/PITKIN PLANNING OFFICE
130 South Galena Street
Aspen, Colorado 81611
(303) 925-2020
SUB,TDTAL
TOTAL JJ I. OlD. ou
Phone: C'J~ - ~o
pr&t~':;~?:1 ~ro(>~
Date: 0/4/ C ~
No. of Hours: r
. '
Sc::u:..k5. k::l"-l"\t, Sl~e
Name' *t-?~
Addr",,: ~ Ml.....L r~'
.A-p"'.... r~lb /101 .
Check No, I Z- K +
Additional Billing: