HomeMy WebLinkAboutcoa.lu.ec.Lots A&B-Blk 105.28-81
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CASELOAD SUMMARY SHEET ' <l '\~)
City of Aspen Y ~.?
1. DATE SUBMITTED: "/hj ~I STAFF: A/PA'1"Rif1JiJt7M1) , ~SO.eO
2. APPLICANT: CetJ{J'.V,l~etle:/ a/te! A/an ,T 6't,/r/rfe/;u
3. REPRESENTATIVE: ~~t1lt .'
lHfJen I ['0 flIP 1/
4. ;ROJ~CT NAME:-Yil?C'flt-i /iMlJJfe/Fl &lxI ?xC~th&JV- (CGn&1.)
5. LOCATION: S / '/tJC k /0
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6. TYPE OF APPLICATION:
Rezoning
P.U.D.
Special Review
Growth Management
HPC
X Subdivision
---2L- Excep t ion
Exemption
70:30
Residential Bonus
____Stream Margin
8040 Green 1 i ne
View Plane
Conditional Use
Other
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7. REFERRALS:
X-Attorney
~Engineering Dept.
A-Housing
. Water
____City Electric
Sanitation District School District
~ire_~arsh~1!6/~ Rocky Mtn. Nat. Gas
Parks ~!,'~~"____State Highway Dept.
Holy Cross Electric ____Other
Mountain Bell
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8. REVIEW REQUIREMENTS:
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9. DISPO~:
P & Z .
Date
,h.,(9J
Approved /'
Denied
'--
1) The applicant obtaining an encroachment license for
. the intrusion of the building into the S. Spring Street
ri ght-of -way; ,
2) The applicant agreeing to construct a five foot wide by
four inch thick concrete sidewalk adjacent to the East
Hyman Avenue property line;
3) The applicant revising the site plan to meet the comments
contained in the Engineering Department memorandum dated
May 5, 1981 and re-submitting the plat prior to review
by City Council;
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Approved
Denied
Date
Council
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10. ROUTING:
Attorney
Building
Engineering
Other
1. The applicant will revise the condo~ipium map prior to its
recordat" ,to the satisfaction of e Engineering Depart-
ment, Spt ~fically:
a. Clarifying that the Block number in the Owner's Certi-
ficate refers to Block 105;
b. Completing the index listing;
c. Showing and dimensioning the parking spaces;
d. Changing the dates on the City Council and Planning
Commission approvals to 1984;
e. Specifying on the legends of sheets 2-4 that the
"bearing" walls and "partition" walls are, in fact,
"condominium unit limits".
f. Completing the surveyor's Certificate to state his name
and the date of his survey;
g. Indicating the general common elements on Lots C and D,
and
2. The applicant will produce adequate monumentation on the
site to satisfy the Engineering Department prior to the
recordation of the plat.
3. The applicant must obtain an encroachment license for the
intrusion.of the Building into the South Spring Street
right-of-way prior to the recordation of the plat.
4. The applicant will construct a five foot (5') wide by four
inch (4") thick concrete sidewalk adjacent to the East Hyman
Avenue property line prior to the conveyance of any condo-
minium units and will agree to join an improvement district
for the undergrounding of utilities if one is formed.
5. At the time of plat recordation, 'the applicant will submit
deed restrictions limiting the rental or sale of the A-frame
for five (5) years to moderate income employee housing
guidelines, as these have been adopted by the Aspen City
Council, and will submit a statement of subdivision excep-
tion, to be approved as to form by the City Attorney.
6. The applicant will otherwise comply with the requirements of
Sections 20-22(a) and (b) for the rental and/or sale of the
A-frame.
7. The applicant will comply with the following life, health
and safety requirements of the Building Department prior to
the conveyance of any condominium unit:
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For the Office Building:
a. A one (1) hour fire door must separate the basement
from the remainder of the building;
b. The one (l) hour construction in the basement must be
completed,
c. The exit doors in the atrium area must be labeled;
d. The missing fire hoses must be replaced;
e. Handrails must be provided at all stairways, and
f. The applicant will add a three foot (3') by six foot
eight'inch (6'8") exit door to the north space on the
ground floor prior to its conveyance.
For the Residential Building:
a. Provide the required clearance for the woodstove
chimney.
b. Provide one stairway which meets code requirements.
c. Enclose the gas flue which is exposed on the interior
of the building.
d. Provide required number of smoke detectors.
e. Make the electrical panel accessible by removing the
shelf.
f. Do not use the front loft for sleeping purposes.
g. Provide the lower bedroom with an egress window with
a minimum area of 5.7 s.f., a minimum width of 20 inches,
a minimum height of 24 inches and a maximum height for
the sill of 44 inches.
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PROJECT NAME: ~ ~~ C([J'l.dt1Vv1.1, 1AN\.2f.fu ~
APPLICANT: ("'~Y'~ V~
REPRESENTATIVE: ('riel. ~5l--- ~ ~
Y.
CASELOAD SUMMARY SHEET
City of Aspen
TYPE OF APPLICATION:
I. GMP/SUBDIVISION/PUD (4 step)
1. Conceptual Submission
2. Preliminary Plat
3. Final Plat
II. SUBDIVISION/PUD (4 step)
1. Conceptual Submission
2. Preliminary Plat
3. Final Plat
III. EXCEPTION/EXEMPTION/REZONING (2 step)
IV. SPECIAL REVIEW (1 step)
x
1. Special Review
2. Use Determinatipn
3. Conditi ona 1 Use .
REFERRALS:
No.
Staff:
Phone:
Phone:
(Fee)
($1,840)
($1,120)
($ 560)
($1,290)
($ 830)
($ 560)
($1,010)
($ 465)
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Da te Referred:
School District
iAttorney
)( Engineering Dept.
Sanitation District
Mounta i n Bell
Housing
Pa rks
Water
Holy Cross Electric
Ci ty Electri c
Rocky Mtn. Nat.Ga~
State Hgwy. Dept.
Fire Chief
Othe r
Fire Marshall/Building Dept.
FINAL ROUTING:
,
,/ Attorney
/Building
~Engineering
Other
Date Routed:
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DISPOSITION:
CITY P&Z REVIEW:
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CITY COUNCIL REVIEW: ~ ~ 01'-0 ~ 0""'- ~~ \.}. t '\~ 't
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Ordinance No.
CITY P&Z REVIEW:
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CITY COUNCIL REVIEW:
Ordinance No.
MEMORANDUM
TO:
Aspen city council
FROM:
Alan Richman, Planning Office
RE:
Hannah Dustin Condominiumization
DATE:
February l3, 1984
APPROVED AS TO FORM:
BACKGROUND
On June 23, 1981, the Aspen Planning and zoning commission recommended
that Council approve the condominiumization of the Hannah Dustin
Building (known then as the Vincenzi-Goldstein Subdivision Exception)
located at 300 South Spring (across from the old Post Office). As one
condition of that recommendation, the applicant was required to make
some very extensive "life, health and safety" upgrades to the building,
in conformance with an inspection made by former Chief Building Offi-
cial, Herb Paddock. Due to the very costly nature of these require-
ments, the applicant decided not to proceed forward with the condomi-
niumization before City Council.
Several months ago, I received a memo from the current Chief Building
Official, Jim wilson. Jim had performed his own inspection at the re-
quest of the applicant and had found that "some of Paddock's require-
ments are overly stringent and contrary to Section 20-22(e) of the
Aspen Code (which states that) the intention of the inspection is not
necessarily to bring old structures to full compliance with new con-
struction codes." Based on this finding, Jim recommended the deletion
of many of the items previously required by Herb.
I contacted the applicant and suggested that it would be appropriate
to initiate the condominiumization once again. Upon the submission of
the application, the Engineering Department found that the applicant
owned not only the two lots upon which the Hannah Dustin Building
sits, but also the two adjacent lots, upon which a small A-frame house
is located. The applicant has therefore revised his request to include
all four lots and both structures for condominiumization.
REVIEW COMMENTS
The Engineering Department asks that a significant number of minor
changes be made to the plat. These changes are found in the memo-
randums from Chuck Roth dated October 3l and December 19, 1983, and
are listed below as conditions. The Engineering Department has also
addressed two issues which were reviewed during the prior considera-
tion of this application. specifically,
1. The applicant must obtain an encroachment license for the
intrusion into South spring Street; and
2. There is a need for a sidewalk on East Hyman Avenue. The
Engineer recommends that the applicant join an improvement
district for this purpose. The prior Engineer requested
that the applicant actually construct the sidewalk. The
Planning Office and Planning Commission prefer the latter
approach to this issue, since this is a downtown commercial
building where sidewalks are a necessity.
The Housing Office found that the A-frame currently rents at rates
within our employee housing guidelines. Therefore, they recommend
that the applicant agree to a five year deed restriction on the unit
to moderate income price guidelines, and that the applicant otherwise
comply with Section 20-22 of the Code.
MEMO: Hannah Dustin
February l3, 1984
Page Two
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As noted above, the Building Department has performed a life, health
and safety inspection of the office building. The revised list of
requirements is included in Jim Wilson's memo dated September 19, 1983
and appears below as conditions of approval. Jim also performed an
inspection of the A-frame and produced a memo an December 30, 1983
listing deficiencies needing attention. At the January 3, 1984 p&Z
meeting, the applicant requested that P&Z eliminate some of these
items as not being of a "life, health and safety" nature. P&Z deferred
on this determination to Jim Wilson, who subsequently agreed to
delete several items from that list. Jim's memo dated January 31,
1984 lists the items which he wants the applicant to rectify.
The City Attorney sent us a memo on December 30 which raised a few
issues mentioned by other reviewers. Gary Esary also asked that the
applicant be required to file a Statement of Exception in a form
acceptable to the City Attorney.
PLANNING OFFICE RECOMMENDATION
The Planning Office recommends that City Council grant subdivision
exception to the applicants for the Hannah Dustin Building for the
purposes of its condominiumization. The Planning and Zoning Commis-
sion concurred with this recommendation at their regular meeting on
January 3, 1984.
COUNCIL MOTION
Should you concur with our recommendation, the appropriate motion is
as follows:
"Move to grant subdivision exception to the applicants from the
Hannah Dustin Building for the purposes of its condominiumization,
subject to the following conditions."
l. The applicant will revise the condominium map prior to its
recordation, to the satisfaction of the Engineering Depart-
ment, specifically:
a. Clarifying that the Block number in the Owner's Certi-
ficate refers to Block 105,
b. Completing the index listing;
c. Showing and dimensioning the parking spaces;
d. Changing the dates on the City Council and Planning
Commission approvals to 1984;
e. Specifying on the legends of sheets 2-4 that the
"bearing" walls and "partition" walls are, in fact,
"condominium unit limits".
f. Completing the surveyor's Certificate to state his name
and the date of his survey;
g. Indicating the general common elements on Lots C and D,
and
2. The applicant will produce adequate monumentation on the
site to satisfy the Engineering Department prior to the
recordation of the plat.
3. The applicant must obtain an encroachment license for the
intrusion of the Building into the South Spring Street
right-of-way prior to the recordation of the plat.
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MEMO: Hannah Dustin
February l3, 1984
Page Three
4. The applicant will construct a five foot (5') wide by four
inch (4") thick concrete sidewalk adjacent to the East Hyman
Avenue property line prior to the conveyance of any condo-
minium units and will agree to join an improvement district
for the undergrounding of utilities if one is formed.
5. At the time of plat recordation, the applicant will submit
deed restrictions limiting the rental or sale of the A-frame
for five (5) years to moderate income employee housing
guidelines, as these have been adopted by the Aspen City
Council, and will submit a statement of subdivision excep-
tion, to be approved as to form by the City Attorney.
6. The applicant will otherwise comply with the requirements of
Sections 20-22(a) and (b) for the rental and/or sale of the
A-frame.
7. The applicant will comply with the following life, health
and safety requirements of the Building Department prior to
the conveyance of any condominium unit:
For the Office Building:
a. A one (l) hour fire door must separate the basement
from the remainder of the building;
b. The one (1) hour construction in the basement must be
completed;
c. The exit doors in the atrium area must be labeled;
d. The missing fire hoses must be replaced;
e. Handrails must be provided at all stairways; and
f. The applicant will add a three foot (3') by six foot
eight inch (6'8") exit door to the north space on the
ground floor prior to its conveyance.
For the Residential Building:
a. Provide the required clearance for the woodstove
chimney.
b. Provide one stairway which meets code requirements.
c. Enclose the gas flue which is exposed on the interior
of the building.
d. Provide required number of smoke detectors.
e. Make the electrical panel accessible by removing the
shelf.
f. Do not use the front loft for sleeping purposes.
g. Provide the lower bedroom with an egress window with
a minimum area of 5.7 s.f., a minimum width of 20 inches,
a minimum height of 24 inches and a maximum height for
the sill of 44 inches.
As..?EN~PITKIN r~=GIONAL aUILDIN- DEPARTMENT
MEMORANDUM
TO:
AllM Ri,b'M. P1Mnin. Dep"t~nt City ~pen t! _
Herb Paddock, Chief Building Officiai ;r/'~
FROM:
HE:
Vincenzi Condominization
DATE :
June 15, 1981
----------------~----------------------------------------------------
The following are items the Building Department requires to be addressed
in conj unct ion with condominizat ion of the above.
(1) Add sprinkler system per section 11 & 38 of 76 U.B.C.
(2) . Provide separation at basement with 3/4 hour door assembly per
chapter 3305 of 76 U.B.C.'
(3) Incomplete ~-hour construction aThd rated doors (20 minute
rating) shall be added at basement.
(4) Exit doors adjacent to courtyard shall be replaced with 3/4
hour rated doors and closures rather than sliding doors. These
shall comply with height, width, and swing requirements of section
33. of the 76 D.B.C.
(5) Additional glazing at court area shall. be replaced with wired
glass.
(6) Exit signs shall be placed at all exits at court area per
section 3312 of 76 U.B.C.
(7) Missing fire hoses shall be replaced, see 76 U.B.C.
(8) Handrails shall be installed throughout the building tn
compliance with section 33 of 16 U.B.C.
(9) All exits shall swing in the direction, of tr~v_el at courty~rd.
(10) Guardrails shall meet requirements of sect ion 33, minimum
42" height.
These reflect all changes required by the Building Department. If
some question about waivers by the Board of Appeals on those items
arise we need to contact Paul Taddune. If any of those items were
waived, they were done so outside the perimeters of the Board's
rights and power.
cc: Gideon Kaufman
Paul Taddune
506 East Main Street
Aspen, Colorado 81611
303/925-5973
ASPEN.PITKIN HEGIONAL BUILDII\l.::!i DEPARTMENT
M E M 0 RAN DVM
TO: Alan Richman
FROM: Jim Wilson ~
DATE: September 19. 1983
RE: Vincenzi Condominiumization
I have been approached by George Vicenzi to reevaluate a fire, health,
safety inspection performed by former Chief Building Official, Herb
Paddock. In accordance with condominiumization procedure outlined in the
Aspen Code. Mr. Paddock inspected Mr. Vincenzi's property at 300 S. Spring
Street, known as the Hannah-Dustin Building and summarized the building's
deficiencies in a memo to you dated June 15th, 1981 (see attached). Some
of Paddock's requirements are overly stringent and contrary to section
20-22 (e) of the Aspen Code,".... the intention (of the inspection) is
not necessarily to bring old structures to full compliance with new construc-
tion codes." Note the frequency of which "76 V.B.C.", the code in effect
at that time, appears in the memo.
Specifically, I disagree with the requirements of items 1,4,5, and 9. Item
1 requires a fire sprinkler system, but the referenced code sections don't
nor do any code sections require a fire sprinkler system in the Hannah-
Dustin building. Items 4 and 5 deal with an existing atrium/courtyard
that was allowed by Board of Appeals Case No. 69-1 heard on May 1, 1969.
Mr. Paddock challenges the legality of the Board's decision in his closing
paragraph, but the Aspen Code (Sec. 7-44) requires the greivance to be
filed within 30 days of a decision. The requirement of item 9 cannot be
substantiated with any code requirements applied to this building. Door
swing is critical only in hazardous or assembly type occupancies.
I don't see the "illegal" atrium as a life threatening safety hazard
provided the current use and occupancy is maintained and each tenant is
provided with an exterior exit independent of the atrium space. Each
tenant space, with the exception of the north space on the ground floor,
now has two exits. Mr. Vincenzi indicated that a 3'0" X 6'8" door will
be added as necessary.
In addition to the door, the fOllowing items from Paddock's list must be
done prior to condominiumization:
1) A i-hour fire door must separate the basement from the
remainder of the building.
2) Complete the i-hour construction in the basement.
3) Label exit doors in atrium area
offices:
110 East Hallam Street
Aspen. Colorado 81611 303/925-5973
mail address:
506 East Main Street
Aspen, Colorado 81611
.
Memo Alan Richman
Page Two
4) Replace missing fire hoses
5) Provide handrails at all stairways
JW/df
cc; George Vicenzi
Gideon Kaufman
Paul Tadune
LAW OFFICES OF
GIDEON I. KAUFMAN
A PROFESSIONAL CORPORATION
GIDEON I. KAUFMAN
BOX 10001
611 WEST MAIN STREET
ASPEN, COLORADO 81611
TELEPHONE
AREA CODE 303
925-8166
DAVID G. EISENSTEIN
October 10, 1983
HAND DELIVERY
Alan Richman
City and County Planning Office
130 S. Galena
Aspen, CO 81611
Re: Hannah Dustin Condominiumization
Dear Alan:
Pursuant to our meeting with Gary Esary concerning
the Hannah Dustin condominiumization I write this letter to
request a City Council hearing to reconsider the
condominiumization of the Hannah Dustin. As you are aware
on April 6, 1981 I applied for exception from subdivision
regulations for the condominiumization of this office
building. We received Planning and Zoning approval at their
May 27, 1981 meeting. We appeared before the Aspen City
Council on July 2, 1981 where we received approval for the
condominiumization. However, there were certain conditions
placed on the approval by the Building Department that we
could not comply with and therefore, the application was
tabled. The Building Inspector has re-examined the property
and we have agreed with him to make certain health and
safety improvements that are, we believe, more reasonable
and more economically feasible. These conditions are
spelled out in Jim Wilson's September 19, 1983, letter to
Alan Richman. I believe all other aspects of the
condominiumization remai n the same. The condominiumization
ordinance has not been changed nor have any conditions
changed that would in any way effect our approval. Now that
the one outstanding issue of health and safety has been
resolved with the Building Department, I believe we can wrap
up the Hannah Dustin condominiumization. If you have any
questions please feel free to contact me otherwise I look
forward to this item being placed on the next available City
Council agenda. Enclosed please find a check for $485.00,
Alan Richman
October 10, 1983
Page 2
and three condominium plats. Thank you very much for your
help and consideration in this matter.
Very truly yours,
LAW OFFICES OF GIDEON I. KAUFMAN,
a Professional Corporation
By
GK/kl
Enclosures
cc: George Vicenzi
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MEMORANDUM
TO:
City Attorney
City Engineer
FROM:
Alan Richman, Planning Office
RE:
Hannah Dustin - Condominiumization
DATE:
October 12, 1983
Attached for your review is an application by Gideon Kaufman on
behalf of his client George Vicenzi for condominiumization of
an existing commercial building. The building is locate4 on Lots
A and B, Block lOS, East Aspen. This application was previously
submitted under the name of Vicenzi/Goldstein Subdivision
Exception (Condominiumization) in April of 1981, and no action
was taken. The applicant is now resubmitting a request for
condominiumization of the same building.
This item has been scheduled before City Council on November 14,
1983. Please have your commehts back to the Planning Office
no later than October 31, 1983 in order for the Planning Office
to have adequate time to prepare for the presentation before
Council.
Thank you.
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MEMORANDUl1
TO: Alan Richman, Planning Office
FROM: Chuck Roth, Engineering Department {!. 'C
DATE: October 3l, 1983
RE: Hannah Dustin Condominiumization
-----------------------------------------------------------
Having reviewed the above application and having made a site
inspection, the Engineering Department has the following
comments:
l. In the owner's certificate the block number is unclear.
It looks like 108 or l09.
2. The index listing is not complete.
3. No encroachment license is indicated for encroachments
on So. Spring Street right-of-way.
4. It appears from the record that Lots A, B, C and D of
Block l05 are under the single ownership of the Hannah
Dustin Building Associates. Therefore, application must
be made for a lot split. The split should be along a
line permitting a minimum of 15' rear yard from the
principal building.
5. Parking spaces must need to be shown and dimensioned.
6. The northeast monument is not indicated as found or set.
7. The legends on sheets 2-4 specify "bearing" walls and
"partition" walls. One symbol only should be used, and
it should be called "condominium unit limits."
8.
This application
on May 5, 1981.
herein.
was reviewed by the Engineering Department
Comments from the memo have been included
9.
Change
by the
1983.
City approval certificate to read: ".
City Council of Aspen on the day of
Signed this day of ,-r91f3."
approved
,
CR/co
Enclosure
LAW OFFICE~ OF
GIDEON I. KAUFMAN
A PROFESSIONAL CORPORATION
GIDEON I. KAUFMAN
BOX 10001
611 WEST MAIN STREET
ASPEN. COLORADO 81611
TELEPHONE
AREA CODE 303
925-8166
DAVID G. EISENSTEIN
November 28, 1983
HAND DELIVERY
Alan Richman
Planning Office
City of Aspen
130 S. Galena St.
Aspen, CO 81611
Re: Hannah Dustin Condominiumization.
Dear Alan:
Please consider this letter a revision to my
October 10, 1983 letter asking for a reconsideration of the
Hannah Dustin condominiumization. Since my October 10, 1983
letter the Engineering Department discovered that adjacent
lots owned by the applicant were not included in the
original condominiumization application thereby requiring an
amendment to the original condominiumization application.
Please consider this letter an amendment to our
condominiumization application which now includes the
omitted lots.
Based on George's meeting with you and Gary Esary
enclosed please find a check in the amount of $545.00 as
well as the newly revised condominium plat. I would
appreciate your placing this item on the next available
agenda. Thank you for your help and consideration in this
matter.
Very truly yours,
LAW OFFICES OF GIDEON I. KAUFMAN,
a Professional Corporation
By
GK/kl
Enclosures
LAW OFFICES OF
GIDEON J. KAUFMAN
A PROFESSIONAL CORPORATION
GIDEON I. KAUFMAN
BOX 10001
611 WEST MAIN STREET
ASPEN, COLORADO 81611
TELEPHONE
AREA CODE 303
925-8166
DAVID G. EISENSTEIN
December 1, 1983
HAND DELIVERY
Alan Richman
Planning Office
City of Aspen
130 S. Galena St.
Aspen, CO 81611
Re: Hannah Dustin Condominiumization.
Dear Alan:
Please consider this letter the supplemental
information that you requested concerning the A-frame
located on the Hannah Dustin property. While I don't
believe the Condominiumization Ordinance 20-22 is intended
to cover a situation such as we have in the Hannah Dustin
situation. The City attorney takes a different position and
feels that it should be included. Therefore the following
information is necessary for you to determine the employee
impact of this particular condominiumization. The unit
presently contains 865 square feet and rents for $600.00 per
month. This would have it fall within the low, moderate,
middle income guidelines. If a five year restriction is
going to be placed on the unit we would ask that the
restriction be placed to the present rental and any
increases would be governed by the percent of increase
granted by the City Council to low, moderate and middle
income guidelines. If you need any additional information
please feel free to contact me.
Very truly yours,
LAW OFFICES OF GIDEON I. KAUFMAN,
a Professional Corporation
By
fl. c C;r'
Gider Kaufman
GK/kl
Enclosures
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MEMORANDUM
TO:
City Engineer
City Attorney
Building Department
Housing Office
FROM:
Alan Richman, Planning Office
RE:
Hannah Dustin - Condominiumization
DATE:
December 5, 1983
Attached for your review and referral comments is an application
which has been revised on the Hannah Dustin Condominiumization. The
Engineering Department and City Attorney received copies of the
first application and therefore this is a re-referral for your
review. The Building Department and Housing Office are receiving
this application for the first time. This application was pre-
viously submitted under the name of Vicenzi/Goldstein Subdivision
Exception in April of 1981 and referred again this year on October
l2 under the name of Hannah Dustin to the City Attorney and City
Engineer. No action was taken in either case.
This case has been scheduled before the Planning and Zoning Commis-
sion for January 3, 1984. Please have your comments back to the
Planning Office no later than December 21, 1983, in order for the
Planning Office to have adequate time to prepare for the presenta-
tion before P&Z.
Thank you.
'*..""*
pitkin county
506 east main street
aspen, colorado 81611
M E M 0 RAN DUM
TO:
Alan Richman, Planning Office \ ~
James L. Adamski, Housing OffiC~'~'
Hannah Dustin - Condominiumization
FROM:
RE:
DATE:
December 13, 1983
NAME OF APPLICANT:
Hannah Dustin
NAME OF PROJECT:
Hannah Dustin - Condominiumization
NATURE OF PROJECT:
The Condominiumization of office space and the deed
restriction of the a-frame on the adjoinging lot.
STAFF RECOMMENDATION:
Based on the information provided to this office, it
is agreed that this application be approved with the
following conditions:
1. That the a-frame have a five year deed restriction
placed on it.
2. That the a-frame have the 1983 guidelines for low
and moderate rental restrictions anplied.
3. That the applicant comply with Sec. 20-22 of the
municiple code of the City of Aspen, Colorado.
~
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-
-
".II
'"
MEMORANDUM
TO: Alan Richman, Planning Office
FROM:
Chuck Roth, City Engineering Department C;~
DATE:
December 19, 1983
RE:
Hannah Dustin Condominiumization
-----------------------------------------------------------
Having reviewed the above application, the Engineering
Department has the following comments:
l. Most of the comments of October 3l have
not been addressed. A copy of that memo is attached.
2. The southeast corner must be monumented prior to
recordation of plat.
3. The surveyor's certificate is incomplete. It must
state his name and on what date the survey was made
under his supervision.
4. For clarity, please indi~ate G.C.E. also on Lots C&D.
5. The plat needs a title certificate and a mortgagee's
certificate.
6. The subdivider must covenant to join an improvement
district for sidewalk, curb and gutter and for the
undergrounding of utilities (electric, telephone,
cable TV, etc.)
CR/co
Enclosure
cc: Jay Hammond, Assistant City Engineer
Gary Esary, Assistant City Attorney
Louis Buettner, City Surveyor
CIT
SPEN
ree t
611
MEMORANDUM
DATE: December 30, 1983
TO: Alan Richman
FROM: Gary Esar~~
RE: Hannah Dustin Condo
Alan, since we've had several meetings on this application, I
think all the legal issues are already in the record.
Of course, the applicant should be required to file a Statement of
Exception and Employee Housing Deed Restriction, in a form accept-
able to the City Attorney.
I can't see a designation for the "A" frame, i.e. Unit
G.e.E., L.e.E.
,
Applicant and reviewer should be aware that Engineering is devel-
oping a new standard (or codifying an old standard) for condo
plats (and all subdivision exception plats) and a cursory look at
the submitted plat reveals the lack of a title statement.
There appears to be an encroachment on the right-of-way that might
require an encroachment license agreement. Please check with
Engineering on this.
GSE/mc
ASPEN.PITKIN kEGIONAL BUILDIN~ DEPARTMENT
MEMORANDUM
TO: Alan Richman, Planning
FROM: Jim Wilson, Building Official ~.
DATE: December 30, 1983
RE: Hannah-Dustin Condominiumization
A fire, health and safety inspection was done for the single family
dwelling designated as "A-Frame House" on the site survey of the
Hannah-Dustin condominium map. The 1973 Uniform Housing Code adopted
by the City of Aspen (Section 7-196, Aspen Municipal Code) was used
as a guideline and the following deficiencies were noted:
, '
"
2 }
3 )
4 )
5)
6 )
7)
)
9 )
B)
No legal exit doors;
Woodstove chimney lacks required clearance;
Spiral and straight stairways illegal;
Gas flue exposed and unprotected on interior of building,
Front sleeping loft does not meet minimum room dimensions,
No sleeping areas have emergency egress windows;
No smoke detectors,
Ceiling height in bathroom too low,
Electrical panel not readily accessible,
Insufficient convenience outlets as evidenced by extensive use
of extension cords and cube taps.
JW/ar
offices:
110 East Hallam Street
Aspen, Colorado 81611 303/925-5973
mail address:
506 East Main Street
Aspen, Colorado 81611
-"
MEMORANDUM
TO:
Aspen Planning and Zoning Commission
FROM:
Alan Richman, Planning Office
RE:
Hannah Dustin Condominiumization
DATE:
January 3, 1984
BACKGROUND
On June 23, 1981, the Aspen Planning and Zoning Commission recommended
that Council approve the condominiumization of the Hannah Dustin
Building (known then as the Vincenzi-Goldstein Subdivision Exception)
located at 300 South Spring (across from the old Post Office). As one
condition of your recommendation, the applicant was required to make
some very extensive "life, health and safety" upgrades to the building,
in conformance with an inspection made by former Chief Building Official,
Herb Paddock. Due to the very costly nature of these requirements,
the applicant decided not to proceed forward with the condominiumization
before City Council.
Several months ago, I received a memo from the current Chief Building
Official, Jim Wilson. Jim had performed his own inspection at the re-
quest of the applicant and had found that "some of Paddock's require-
ments are overly stringent and contrary to Section 20-22(e) of the
Aspen Code (which states that) the intention of the inspection is not
necessarily to bring old structures to full compliance with new con-
struction codes." Based on this finding, Jim recommended the deletion
of many of the items previously required by Herb.
I contacted the applicant and suggested that it would be appropriate
to initiate the condominiumization once again. Upon the submission of
the application, the Engineering Department found that the applicant
owned not only the two lots upon which the Hannah Dustin Building
sits, but also the two adjacent lots, upon which a small A-frame house
is located. The applicant has therefore revised his request to include
all four lots and both structures for condominiumization.
REVIEW COMMENTS
The Engineering Department asks that a significant number of minor
changes be made to the plat. These changes are found in the memorandums
from Chuck Roth dated October 31 and December 19, 1983, and are listed
below as conditions. The Engineering Department has also addressed
two issues which were reviewed during the prior consideration of this
application. Specifically,
1. The applicant must obtain an encroachment license for the
intrusion into South Spring Street; and
2. There is a need for a sidewalk on East Hyman Avenue. The
Engineer recommends that the applicant join an improvement
district for this purpose. The prior Engineer requested
that the applicant actually construct the sidewalk. The
Planning Office prefers the latter approach to this issue.
The Housing Office found that the A-frame currently rents at rates
within our employee housing guidelines. Therefore, they recommend
that the applicant agree to a five year deed restriction on the unit
to moderate income price guidelines, and that the applicant otherwise
comply with Section 20-22 of the Code.
.,...0",
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"
'~ ..--
MEMO: Hannah Dustin
January 3, 1984
Page Two
As noted above, the Building Department has performed a life, health
and safety inspection of the office building. An inspection was also
performed for the A-frame. The revised list of requirements is in-
cluded in Jim Wilson's memo dated September 19, 1983 and appears below
as conditions of approval.
PLANNING OFFICE RECOMMENDATION
The Planning Office recommends that you recommend that City Council
grant subdivision exception to the applicants for the Hannah Dustin
Building for the purposes of its condominiumization, subject to the
following conditions:
1. The applicant will revise the condominium map, to the satis-
faction of the Engineering Department, specifically:
a. Clarifying that the Block number in the Owner's Certi-
ficate refers to Block 105;
b. Completing the index listing;
c. Showing and dimensioning the parking spaces;
d. Changing dates on the City Council and Planning Com-
mission approvals to 1984,
e. Specifying on the legends of sheets 2-4 that the "bear-
ing" walls and "partition" walls are, in fact, "condo-
minium unit limits".
f. Completing the surveyor's Certificate to state his name
and the date of his survey;
g. Indicating the general common elements on Lots C and D;
and
h. Providing a title certificate and mortgagee's certi-
ficate.
2. The applicant will prodequate adequate monumentation on the
site to satisfy the Engineering Department prior to the
recordation of the plat.
3. The applicant must obtain an encroachment license for the
intrusion of the Building into the South Spring Street
right-of-way.
4. The applicant will construct a five foot (5') wide by four
inch (4") thick concrete sidewalk adjacent to the East Hyman
Avenue property line and will agree to join an improvement
district for the undergrounding of utilities if one is formed.
5. The applicant will submit deed restrictions limiting the
rental or sale of the A-frame for five (5) years to moderate
income employee housing guidelines, as these have been
adopted by the Aspen City Council.
6. The applicant will otherwise comply with the requirements of
Sections 20-22(a) and (b) for the rental and/or sale of the
A-frame.
7. The applicant will commit, prior to the review of this appli-
cation by City Council, that the life, health and safety
requirements of the Building Department will be met, speci-
fically:
,...".....
......,.,
MEMO: Hannah Dustin'
January 3, 1984
Page Three
,
For the office building:
a. A one (l) hour fire door must separate the basement
from the remainder of the building;
b. The one (1) hour construction in the basement must be
completed;
c. The exit doors in the atrium area must be labeled;
d. The missing fire hoses must be replaced;
e. Handrails must be provided at all stairways; and
f. The applicant will add a three foot (3') by six foot
eight inch (6'8") exit door as the Building Department
finds necessary.
For the residential building:
a. Rectify the 10 deficiencies identified in the memo from
Jim Wilson dated December 30, 1983.
8. The Applicant will comply with the conditions outlined in
Gary Esary's memo dated December 30, 1983.
"""",,
~.,."-
\../
MEMORANDUM
TO:
Aspen City Council
FROM:
Alan Richman, Planning Office
RE:
Hannah Dustin Condominiumization
DATE:
January 30, 1984
APPROVED AS TO FORM:
BACKGROUND
On June 23, 1981, the Aspen Planning and Zoning Commission recommended
that Council approve the condominiumization of the Hannah Dustin
Building (known then as the vincenzi-Goldstein Subdivision Exception)
located at 300 South Spring (across from the old Post Office). As one
condition of that recommendation, the applicant was required to make
some very extensive "life, health and safety" upgrades to the building,
in conformance with an inspection made by former Chief Building Official,
Herb Paddock. Due to the very costly nature of these requirements,
the applicant decided not to proceed forward with the condominiumization
before City Council.
Several months ago, I received a memo from the current Chief Building
Official, Jim wilson. Jim had performed his own inspection at the re-
quest of the applicant and had found that "some of paddock's require-
ments are overly stringent and contrary to Section 20-22(e) of the
Aspen Code (which states that) the intention of the inspection is not
necessarily to bring old structures to full compliance with new con-
struction codes." Based on this finding, Jim recommended the deletion
of many of the items previously required by Herb.
I contacted the applicant and suggested that it would be appropriate
to initiate the condominiumization once again. Upon the submission of
the application, the Engineering Department found that the applicant
owned not only the two lots upon which the Hannah Dustin Building
sits, but also the two adjacent lots, upon which a small A-frame house
is located. The applicant has therefore revised his request to include
all four lots and both structures for condominiumization.
REVIEW COMMENTS
The Engineering Department asks that a significant number of minor
changes be made to the plat. These changes are found in the memorandums
from Chuck Roth dated October 3l and December 19, 1983, and are listed
below as conditions. The Engineering Department has also addressed
two issues which were reviewed during the prior consideration of this
application. Specifically,
l. The applicant must obtain an encroachment license for the
intrusion into South Spring Street; and
2. There is a need for a sidewalk on East Hyman Avenue. The
Engineer recommends that the applicant join an improvement
district for this purpose. The prior Engineer requested
that the applicant actually construct the sidewalk. The
Planning Office and Planning Commission prefer the latter
approach to this issue, since this is a downtown commercial
building where sidewalks are a necessity.
The Housing Office found that the A-frame currently rents at rates
within our employee housing guidelines. Therefore, they recommend
that the applicant agree to a five year deed restriction on the unit
to moderate income price guidelines, and that the applicant otherwise
comply with Section 20-22 of the Code.
"
MEMO: Hannah Dustin
January 30, 1984
Page Two
As noted above, the Building Department has performed a life, health
and safety inspection of the office building. The revised list of
requirements is included in Jim wilson's memo dated September 19,
1983 and appears below as conditions of approval. Jim also performed
an inspection of the A-frame and produced a memo on December 30, 1983
listing deficiencies needing attention. At the January 3, 1984 P&Z
meeting, the applicant requested that P&Z eliminate some of these
items as not being of a "life, health and safety"nature. P&Z deferred
on this determination to Jim Wilson, who subsequently agreed to
delete several items from that list.
The City Attorney sent us a memo on December 30 which raised a few
issues mentioned by other reviewers. Gary Esary also asked that the
applicant be required to file a Statement of Exception in a form
acceptable to the City Attorney.
PLANNING OFFICE RECOMMENDATION
The Planning Office recommends that City Council grant subdivision
exception to the applicants for the Hannah Dustin Building for the
purposes of its condominiumization. The Planning and Zoning Commis-
sion concurred with this recommendation at their regular meeting on
January 3, 1984.
COUNCIL MOTION
Should you concur with our recommendation, the appropriate motion is
as follows:
"Move to grant subdivision exception to the applicants from the
Hannah Dustin Building for the purposes of its condominiumization,
subject to the following conditions."
l. The applicant will revise the condominium map prior to its
recordation, to the satisfaction of the Engineering Depart-
ment, specifically:
a. Clarifying that the Block number in the Owner's
Certificate refers to Block l05;
b. Completing the index listing;
c. Showing and dimensioning the parking spaces;
d. Changing the dates on the City Council and Planning
Commission approvals to 1984;
e. specifying on the legends of sheets 2-4 that the
"bearing" walls and "partition" walls are, in fact,
"condominium unit limits".
f. Completing the surveyor's Certificate to state his
name and the date of his survey;
g. Indicating the general common elements on Lots C and
D; and
2. The applicant will produce adequate monumentation on the
site to satisfy the Engineering Department prior to the
recordation of the plat.
3. The applicant must obtain an encroachment license for the
intrusion of the Building into the South Spring Street
right-of-way prior to the recordation of the plat.
".
'-
MEMO: Hannah Dustin
January 30, 1984
Page Three
4. The applicant will construct a five foot (5') wide by four
inch (4") thick concrete sidewalk adjacent to the East
Hyman Avenue property line prior to the conveyance of any
condominium units and will agree to join an improvement
district for the undergrounding of utilities if one is
formed.
5. At the time of plat recordation, the applicant will submit
deed restrictions limiting the rental or sale of the A-
frame for five (5) years to moderate income employee housing
guidelines, as these have been adopted by the Aspen City
Council, and will submit a statement of subdivision exception,
to be approved as to form by the City Attorney.
6. The applicant will otherwise comply with the requirements
of Sections 20-22(a) and (b) for the rental and/or sale of
the A-frame.
7. The applicant will comply with the following life, health
and safety requirements of the Building Department prior to
the conveyance of any condominium unit:
For the Office Building:
a. A one (1) hour fire door must separate the basement
from the remainder of the building;
b. The one (l) hour construction in the basement must be
completed;
c. The exit doors in the atrium area must be labeled;
d. The missing fire hoses must be replaced;
e. Handrails must be provided at all stairways; and
f. The applicant will add a three foot (3') by six foot
eight inch (6'8") exit door to the north space on the
ground floor prior to its conveyance.
For the residential building:
a. Provide the required clearance for the wood stove
chimney.
b. Provide one stairway which meets code requirements.
c. Enclose the gas flue which is exposed on the interior
of the building.
d. Provide required number of smoke detectors.
e. Make the electrical panel accessible by removing the
shelf.
ASPEN. PITKIN H"EGIONAL BUILDII\..d DEPARTMENT
MEI-lORANDUM
TO: Alan Richman
FROM: Jim Wilson ~
DATE: January 31, 1984
RE: Hannah Dustin Building
A fire, health and safety inspection was done for the single family dwelling
designated as "A-Frame House" on the site survey of the Hannah-Dustin
condominium map. The 1973 Uniform Housing Code adopted by the City of
Aspen (Section 7-196, the Aspen Municipal Code) was used as a guideline
and the following deficiencies were noted:
1) Woodstove Chimney lacks required clearance
2) Provide one legal stairway
3) Gas flue exposed and unprotected on interior of building
5) Front loft not to be used for sleeping
6) Lower B.R. to be provided with an egress window minimum area
5.7 S.F. with minimum width of 20" and minimum height of 24"
maximum height of sill 44"
7) Electrical panel not readily accessible
8) No smoke detectors
offices:
110 East Hallam Street
Aspen. Colorado 81611 303/925-5973
mail address:
506 East Main Street
Aspen. Colorado B1611
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c-<:>..JL,_,~.~, ~~
(s-I>&,. e","o>\)
EDWARDS & T ADDUNE
ATTORNEYS AT LAW
BARRY D. EDWARDS
PAUL J. T AOOUNE
o ASPEN PROFESSIONAL BUILDING OFFICES:
800 EAST HOPKINS. SUITE 304
ASPEN, CO 81611
13031925-9180
o CITY HALL OFFICES:
130 SOUTH GALENA STREET
ASPEN, CO 81611
(3031925-3247
Gideon Kaufman, Esq.
315 East Hyman Avenue
Aspen, Colorado 81611
January 23, 1985
Dear Gideon:
Enclosed please find an original Subdivision Agreement which has
been revised in accordance with staff comments and our discussion.
Please have your clients execute the agreement and forward to my
office, together with the original license agreement referred to
in Paragraph 1.
Additionally, I would appreciate receiving a copy of the trail
agreement in the vicinity of the Riverview Condominiums which was
promised some time ago.
Very truly yours,
r--\ ~
\~
Paul J. Tadd une
City Attorney
PJT/mc
cc:\ Planning Office
Building Department
Engineering Department
"''''
'.....",/
SUBDIVISION AGREEMENT
WHEREAS, GEORGE VICENZI and ALAN J. GOLDSTEIN (hereinafter
collectively referred to as "Owner") are the owners of a parcel of
land located in the City of Aspen, Pitkin County, Colorado, and
more particularly described as Lots A, B, C and D, Block 105, City
of Aspen, Pitkin County, Colorado, on which there is situated an
office building and A-Frame; and,
WhEREAS, Owner has requested an exception from the full sub-
division process for the purpose of subdividing the existing
office building through condominiumization, and,
WHEREAS, Owner has submitted a condominium/subdivision plat
to City, incorporated herein as Exhibit "A" which the City Council
desires to approve subject to the terms and conditions of this
agreement.
NOW, THEREFORE, the City Council of the City of Aspen, Colo-
rado, does hereby grant an exception from the full subdivision
process and grant subdivision approval expressly subject to and
contingent upon fulfillment of the following terms and conditions
agreed to by Owner and Owner's successors, heirs and assigns:
1. Owner shall secure and record a License Agreement for
the intrusion of the building into the South Spring Street right-
of-way prior to the conveyance of any condominium unit.
2. Owner shall construct a five-foot (5') wide by four inch
(4") thick concrete sidewalk adjacent to the East Hyman Avenue
property line prior to the conveyance of any condominium unit.
3. Owner shall comply with the following Life, Health and
Safety requirements prior to the conveyance of any condominium
uni t.
a. A one-hour fire door must separate the basement
from the remainder of the building.
b.
completed.
The one-hour construction of the basement must be
c.
The exit doors in the atrium area must be labeled.
d.
The missing fire hoses must be replaced.
e.
Hand rails must be provided on all stairways.
,
"
f. Owner will add a three foot (3') by six foot eight
inch (6 '8") exit door to the north space on the ground floor.
4. Owner agrees to provide the following health and safety
improvements for the residential building:
chimney.
a. Provide the required clearance for the wood stove
ments.
b. Provide one stairway which meets Code require-
c. Bnclose a gas flue which is exposed on the interior
of the building.
d.
Provide required number of smoke detectors.
e.
the shelf.
Make the electrical panel accessible by removing
f. Provide the lower bedroom with an egress window
with a minimum area of 5.75 square feet, a minimum width of 20
inches, a minimum height of 24 inches and a maximum height for the
sill of 44 inches.
5. With respect to the residential building, Owner does
hereby covenant with the City that:
a. Any rental and/or sale shall comply with the
requirements of Sections 20-22(a) and (b) of the Municipal Code of
the City of Aspen.
b. The front loft shall not be used for sleeping pur-
poses.
6. Owner does hereby covenant with the City that the rental
and sale of the A-Frame located on the property and designated on
the plat as the residential building shall be restricted in terms
of its use and occupancy to rental and occupancy guidelines estab-
lished by the City Council for moderate income employee housing
for the next five (5) years. It is the understanding of the par-
ties that the current tenant shall be allowed to stay in resi-
dency. In the event a new tenant seeks to occupy the premises
then this tenant can be selected by Owner provided the tenant is a
qualified employee as determined by the City Councilor its desig-
nee. Qualified employee as used herein shall mean any person
residing and employed in the City of Aspen or Pitkin County an
average of thirty (30) hours per week, nine (9) months out of a
twleve (12) month period who shall meet the moderate income and
occupancy eligibility requirements generally established and
2
,
applied by the City with respect to employee housing. Verifica-
tion of employment of those persons living in the employee units
shall be completed and filed with the City Councilor its designee
by the owner of the unit. This employee restriction shall run
with the land and shall be valid for five (5) years from the date
of the recordation of the plat.
7. In the event that any municipal improvement or improve-
ments of a kind contemplated in Section 20-16 of the Municipal
Code of the City of Aspen, as amended, become in the sole judgment
or discretion of the City Council of the City of Aspen necessary
or desirable to the area of the above-described property. Owner
will make no unreasonable objection to any special assessments or
special tax or proceeding therefor on the basis that the property
is adequately served by existing improvements and/or on the basis
that the premises will not be served or benefited by the improve-
ment or improvements proposed. Owner further agrees to join upon
the demand therefor by the City any Special Improvement District,
Urban Renewal District formed for construction of such improve-
ments (including without limitation signage, drainage, underground
utilities, paved streets and alleys, planting, curbs, gutters,
sidewalks, street lights, traffic circulation, trails, recreation
facilities, open space lands, public transportation facilities,
parking, etc.) in the area of the above-described property or to
reimburse the City of Aspen directly upon demand therefor if the
City should choose to construct these improvements without the
formation of such a district.
IN WITNESS WHEREOF the parties hereto have hereunder executed
their hands and seals on the date and year indicated in full
understanding and agreement to the terms and conditions herein
contained.
Dated this
day of
, 1985.
CITY OF ASPEN, COLORADO
A Colorado Municipal Corporation
OWNER:
William L. Stirling, Mayor
George Vicenzi
ATTEST:
Alan J. Goldstein
Kathryn S. Koch, City Clerk
3
.
l"
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STATE OF COLORADO )
) ss.
County of Pitkin )
The foregoing instrument
day of
Stirling as Mayor and Kathryn
Aspen, Colorado.
was acknowledged before me this
, 1985, by William L.
S. Koch as City Clerk of the City
of
WITNESS MY HAND AND OFFICIAL SEAL.
My commission expires:
Notary Publ ic
Address
STATE OF COLORADO
)
) ss.
)
County of pitkin
The foregoing instrument was acknowledged before me this
day of , 1985, by George Vicenzi.
WITNESS MY HAND AND OFFICIAL SEAL.
My commission expires:
Notary Public
Address
STATE OF
County of
)
) ss.
)
The foregoing
day of
Goldstein.
instrument was acknowledged before me this
, 1985, by Alan J.
WIINESS MY HAND AND OFFICIAL SEAL.
My commission expires:
NOtary Public
Address
APPROVED AS TO FORM:
Paul J. Taddune, City Attorney
Dated this
day of
, 1985.
4
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