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Home My WebLink Aboutcoa.lu.ec.400 E Cooper Ave.1983El ASPEN/PITKIN PLANNING OFFICE 130 South Galena Street Aspen, Colorado 81611 (303) 925-2020 LAND USE APPLICATION FEES City 00113 - 63721 • 47331 52100 GMP/CONCEPTUAL 63722 47332 52100 GMP/PRELIMINARY 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 00 63728 47350 52100 REZONING 63729 - 47360 52100 SPECIAL REVIEW SUB -TOTAL lip 10 06 County 00113 63711 - 47331 - 52200 GMP/GENERAL 63712 47332 52200 GMP/DETAILED 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 -TOTAL 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 SUB -TOTAL TOTAL SMC-ks, Name: c StxCA�S Phone: 9 — o Address: L Pro'ect: �oela I L_ Check No. I Z Date: z Additional Billing: No. of Hours: • ASPEN/PITKIN PLANNING OFFICE 130 South Galena Street • Aspen, Colorado 81611 (303) 925-2020 LAND USE APPLICATION FEES City 00113 - 63721 47331 52100 GMP/CONCEPTUAL 63722 47332 - 52100 GMP/PRELIMINARY 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 63728 47350 52100 REZONING 63729 - 47360 52100 SPECIAL REVIEW SUB -TOTAL County 00113 63711 • 47331 - 52200 GMP/GENERAL 63712 47332 52200 GMP/DETAILED 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 PLANNING OFFICE SALES 00113 - 63061 09000 63063 09000 63062 09000 63066 09000 63069 09000 Name: _ Address Check No. _ Additional Billing: SUB -TOTAL 52200 COUNTY CODE 52200 ALMANAC 00000 GMP 00000 COPY FEES OTHER SUB -TOTAL TOTAL Phone: Project: Date: No. of Hours: JEFFREY H. SACHS HERBERT S. KLEIN JON DAVID SEIGLE JAMES H.DELMAN B.JOSEPH KRABACHER SACHS, KLEIN & SEIGEE PROFESSIONAL CORPORATION ATTORNEYS AT LAW 201 NORTH MILL STREET ASPEN. COLORADO 81611 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: TELEPHONE (303) 925-8700 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 $1,01.0.00 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, SACHS, KLEIN,& SEI LE 1 By Jeffrey a's JHS:sf Enclosures Exk-lb-l+ � 4: �4 14'ri-tiv?. No I Dov 22, 1977 J U I I C 11ane ► N11:01,ALTS CHRIST 110.v 4947 Pi 0, in I* the 'idem'i-i of t e - n III hand Imiti. )W1,00Y -01(s) ;01,1 r'.11vey(:!) to GOLDEN 'HOPN LUILDING, LTD.,' a Colorado Limited Partnership , ha-;r-,41o1rv.,Si;.320 South mill St. Pitkin Colorado PitYin DEC 2 21 PAID the full-m-ini, real pro;*rty in t1i .:us/1 Statu, of Colarada, "to wit The real property described In Exhibit A attached hereto warrant(s) the title in the same. vujjevt t.. all Matters described in Exhibit A attached hereto. -glied Ihis A:1v of Decemker 19 77 I. .......... f ............... STATF OF PITKIN ............ The flit t)?j. JaY it December 19 77 . by 7.' Christ 15. 157S .......... my 1I;.I.d r,! Aspen/Pitkin P1 ing Office 130 south gales treet aspen, coloradi 81611 MEMORANDUM TO: Engineering Department City Attorney Building Department FROI.1: 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. • • MEMORANDUM TO: Colette Penne, Planning Office dk- FROM: Jay Hammond, Assistant City Engineer DATE: April 18, 1983 RE: Golden Horn Condominiumization ----------------------------------------------------------- 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. JH/co • • MEMORANDUM 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 89, City and Townsite of Aspen - 400 E. Cooper. Zoning: CC. Applicant'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. Referral 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 may or 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: Memo: Golden Horn Building Page Two May 4, 1983 1. Titling, required 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 lone its formed. y S. � �� 1��' _..�V�s% VJ:�� v�_c�� IL(' >ll��'. QV'Ci'a�Jlr-�•,'rlQr'1�. q.d 10. i ',� u MEMORANDUM • TO FROM Aspen City Council Colette Penne, Planning Office RE: Golden Horn Building - Subdivision Exception.,(Condominiumi DATE: May 23, 1983 APPROVED AS TO FORM: ion) Location: Lots K and L, Block 89, City and Town�i e of Aspen ( 00 E. Cooper). Zoning: CC. Applicant'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. Referral Comments: 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. 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 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, 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. Memo: Golden Horn Building Page Two May 23, 1983 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. i APPLICATION FOR EXCEPTION FRO14 SUBDIVISION REGULATIONS Request is hereby made on behalf of Golden Horn Building, Ltd. (hereinafter referred to as "Applicant") under Section 20-19(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 for many years as offices. 2. There has been no usage of the subject property for L� 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 31 , 1983. SACHS, KLEIN & SEIGLE Attorneys for Golden'Horn Building, Ltd. 0 Aspen (303) 701 CO 81611 925-8700 -2- k • EXHIBIT'A 1•!,1320 ;!-, 010 (Attached to Earranty Deed from ` Nikolaus Christ to Golden Horn Building, Ltd.) Lots K and L, Block 89, CITY AND TO?:?'SITE OF ASPEN, E;{CI:PTII.G from said Lot L that portion described in deed to Aspen Sports, Inc. recorded July 10, 1963 in Book 203 at Page 92, also known as street and nw-rber: Golden horn Building 400 East Cooper Avenue Said premises are free and clear from all former and other grants, bargains, sales, liens, tares, assessments and encumbrances of whatever kind or nature s,oever, EXCEPT general ta;;on for 1977, payable in 1978; and :UBJECT TO United States patent reservations and exceptions; any easements and rights of way of record or in existence; common wall cannment as set forth in deed recorded July 10, 1963 in.Book 203 at Page 92; easci:ien s and encroachments as shown by survey dated June 19, 1963 and recorded July 8, 1963 in Book 203 at Pages 69-70 and r July 10, 1963 in Book 203 at Pages 93-94; and terms and con- ditions as set forth in letter agreement with City of Asrnen -' dated September 9, 1975 and recorded September 3, 1976 in ` 2 J Book 316 at Page 265; all as.recorded in the records of Pitkin County, Colorado; and FUI:THER SUBJECT TO any rights, interests, or claims, or anv defects in the marketability of ? title to the subject property aririno from the execution or recording of that C:L't Lniiy ✓pcc_-f PcrF^_71:1r1rn rnntr ct pertaining to the sale of the subject property, dated F November 8, 1977, between HuLert Erhard as seller ar.d Frank - _ J. Woods, III as purchaser; and any lis pendens recorded against the subject property'in connection with such Specific Performance Contract. s 0 Exkl b('4 . •, y . r 22, 1977 - i Julie Ilano 1:....�.r. M"' LADS CHRiS.' �I:,:.:: rr • i• P.CI, Rog 4947 of Pitkin t' Ftnt,• „r _. Colorado . for the r„a�idcrt:iot ..•.t• .... � . � •.Y of ten DEC 221�QAID �11••11:,r<• in h:ut<t paid. h,•r.1.,•llf.) w.l ,v•uvv} (:) to r -3J . GOLDEN NMI bUILDT11G, LTD., a Colorado Limited Partnership nh,;;,•;,ddm.:�i:.320 South Mill St. 1 County of 1 Pitkin , and Sitate „f Colorado th,• folbacing real property in the ('ounty of Pitkin :uai State of Colorado, to wit: 1 The real property described in Exhibit ++ A attached hereto I� 1 I 1 • mn;i wgrramw the tille'M the s:imc. ?,ubjet•t t, all matters described in Exhibit A attached hereto. t' I( , I� 1 j ti-t:iwd this 2h . Aty of Decem er , 19 77 ! I n / I ' } Nikolaus .Christ.....•._._.. • � I .. ti'1'A'1'h:Ui•'t',tLf1l;:�f>ty, 1 .. ... i Its. of PITKIN 1i T)n f••r. �,•it:� it,•tnmo of ua.e :;r;•A•n�hn1;•rd !K•fum me thi dat „1 Deceirber . 19 77 , by Nikolaus Christ if is )ir c,•;r.•ni+�i,•7 r�pir. e . � •.•....... _, .o F„t,;rri.ldy 15,1575 ' • itIwAs tn} ) :OA :,:,J ••if:rt.,l s�•1i. � { y/ / �f :; �j'�'� '1: ,, •i:: wo•,r.trK I ASPEN*PITKIN FOGIONAL BUILDINS DEPARTMENT M F M 0 R A N D U M 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 Municipal Code. cc: Claus Christ Box 4947 Aspen, CO. 81612 offices: mail address: 110 East Hallam Street 506 East Main Street Aspen, Colorado 81611 303/925-5973 Aspen, Colorado 81611 2?t b SACHS, KLEIN & SEIGLE HERBERT S. KLEIN PROFESSIONAL CORPORATION OF COUNSEL JON DAVID SEIGLE ATTORNEYS AT LAW JEFFREY H. SACHS JAMES H. DELMAN B. JOSEPH KRABACHER 201 NORTH MILL STREET RICHARD J. DELACENSERIE' ASPEN. COLORADO 81611 NANCY J. DELACENSERIE' (303) 925-8700 'ADMITTED IN WISCONSIN ONLY March 26, 1984 Mr. Paul Taddune City Attorney Aspen City Hall 130 South Galena Street Aspen, CO 81611 RE: Golden horn Building Dear Paul: Enclosed is a Statement of Exception pertaining to the Golden Horn Building condominiumization. This document has been revised in accordance with your suggestion a few days ago. I trust that the document is now in proper form for execution by you, the Mayor, and the City Clerk. 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 & ST3IGLE Prof essionaytorpor,6E By: JHS/cah Enclosure JC f reJ7 H. Sachs ASPEN*PITKIN *EGIONAL BUILGIA 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: mail address: 110 East Hallam Street 506 East Main Street Aspen, Colorado 81611 303/925-5973 Aspen, Colorado 81611 MEMORANDUM TO: Colette Penne, Planning Office k�FROM: Jay Hammond, City Engineering DATE: April 27, 1983 RE: Golden Horn Condominiumization --------------------------------------------------------- I have received the documents requested in my memo of April 18 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 W Z ?dui; 467Cn co n o o x� tv m �- n 2 S 0 Z co STATEMENT OF EXCEPTION FROM THE FULL SUBDIVISI04,fRO?aS `V FOR THE PURPOSE OF CONDOMINIUMIZATION - X 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 89, City and Townsite of Aspen, County of Pitkin, State of Colorado WHEREAS, the Aspen Planning & Zoning Commission on May 4, 1983, 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, 1983, 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. 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 1984. /CITY OF ASPEN c- By: _. Mayor APPROVED AS TO FORM: 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, 1983, at which time the Mayor was authorized to execute the same on behalf of the City of Aspen. �• ^,� Kathryn S. och, City Clerk -2-