HomeMy WebLinkAboutcoa.lu.ec.710-712 E Hyman Ave.03A-88
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P31Eb ID AND CASE NO.
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STAFF MEMBER: '7
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ProJect Address:
APPLICANT:~t, U) fJJt
Applicant Addre s: .
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PAID: ~ NO AMOUNT: ---;/c2o. 00
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DATE RECEIVED:
DATE COMPLETE:
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CASELOAD SUMMARY SHEET
City of Aspen
1)
TYPE OF APPLICATION:
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1 STEP: 2 STEP:
2) IF 1 STEP APPLICATION GOES TO:
P&Z
3)
PUBLIC HEARING IS
P&Z
DATE REFERRED:
CC PUBLIC HEARING DATE:
BEFORE: /
cc ~ N/A
/ -d 0 . if INITIALS: '1-( G
REFERRALS:
'f:: city Atto....,.
City Engineer.
Housing.Dir.
Aspen Water
City Electric
Envir. Hlth.
Aspen Consolo
S.D.
FINAL ROUTING:
J city Atty
Other:
Mtn. Bell
Parks Dept.
Holy cross
Fire Marshall
Fire Chief
Roaring Fork
Transit
School District
Rocky Mtn Nat Gas
state.HwyDept(GW)
state Hwy Dept(GJ)
Bldg:Zon/Inspect
Roaring Fork
Energy Center
Other
INITIAL: '1~
DATE ROUTED: 1 ---frn
c/"t. V
C1 Y Eng1neer
Bldg. Dept.
FILE STATUS AND LOCATION: (~ viOvUi t
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CASE DISPOSITION
710-712 EAST HYMAN CONDOMINIUMIZATION
On February 16, 1988 P&Z passed a motion recommending approval of
condominumization of 710-712 E. Hyman subject to four conditons.
A condition dealing with an affidavit demonstrating no affordable
housing is being eliminated has been satisfied.
On March 14, 1988 city council approved the requested subdivision
exception for the purpose of condominiumizing 710-712 East Hyman
Avenue, subject to the following conditions:
1. A subdivision exception plat shall be filed with the Pitkin
County Clerk and Recorder I s Office to the satisfaction of
the Engineering Department and meeting the requirements in
section 20-15 of the Municipal Code.
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2. A statement of subdivision exception shall be submitted to
the satisfaction of the city Attorney prior to filing the
plat. Included in this statement shall be (a) agreement by
the applicant to join any future improvement district
effecting this property and (b) provisions that the property
is not subject to the six month minimum lease restriction or
the notice of sale and right of first refusal requirement.
The applicant shall submit storm water runoff calculations
and dry well sizing performed by a registered engineer to
the satisfaction of the Engineering Department prior to
issuance of a certificate of Occupancy.
3.
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VIII
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MEMORANDUM
FROM:
Aspen City Council
Robert S. Anderson, Jr., City Manager ~
steve Burstein, Planning Office~
710-712 East Hyman Condominiumization
TO:
THRU:
RE:
DATE:
March 14, 1988
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SUMMARY: The Planning and Zoning commission and Planning Office
recommend approval of the requested condominiumization subject to
three conditions listed below.
LOCATION: 710-712 East Hyman Avenue, between the 700 East Hyman
Townhouses and the Aspen Athletic Club, Lots 0 and P of Block
104, Townsite and City of Aspen.
ZONING: 0 - Office zone district.
APPLICANT'S REQUEST: Hodge West, owner of the property, requests
approval of a subdivision exception for the purpose of condomini-
umizing the duplex under construction at 710-712 E. Hyman. The
applicant is requesting to be exempted from the notice of sale
and right of first refusal provision and the six-month minimum
lease restriction.
ADVISORY COMMITTEE VOTE: On February 16, 1988 the Planning and
zoning commission passed a motion recommending approval of the
condominiumization subject to four conditions. A condition
dealing with an affidavit demonstrating no affordable housing is
being eliminated has been satisfied.
PROBLEM DISCUSSION:
A. Referral Comments:
1. Engineering Department: Chuck Roth stated in his February
10, 1988 memorandum that (a) the applicant must submit
storm water runoff calculations and dry well sizing
performed by a registered engineer, (b) the applicant should
agree to join future improvement districts in a statement
acceptable to the city Attorney, and (c) a final plat must
be submitted which meets the requirements of Section 20-15
of the Municipal Code.
2. Housing Authority: Ann Phillips stated that the applicant
should produce a legal affidavit to the satisfaction of the
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Housing Authority documenting that the house on the property
had not served as affordable housing within the last
eighteen months. No records that can be verified have yet
been shown regarding the uses and rental costs of the house.
In a March 2, 1988 memorandum from Jim Adamski, it is stated
that the Housing Office has reviewed an affidavit and finds
that it is sufficient in meeting the requirements placed on
the applicant.
B. Planning Office Comments: Requirements for condominiumization
are stated in section 20-22 of the Municipal Code. Following are
the Planning Office's comments regarding each requirement:
1. Requirement: Existing tenants shall be given written notice
when their unit is offered for sale, a ninety-day option to
purchase, and right of first refusal to purchase of their unit.
Response: The old house where the Grainery had been located
was demolished in the Fall of 1987. According to the former owner
of the property, Ted Koutsoubus, the last tenant was Mischell
Huerta's flower shop. The primary use was commercial; however,
during the last era of this building prior to demolition, it was
also a "crash pad" for various people, serving very short term
occupancy. Under these unusual circumstances, we do not believe
that the right of first refusal need be offered to the "existing
tenants." We support the exemption of this requirement as no
public purpose would appear to be served in tracking down former
tenants who had occupied the house for short periods of time.
2. Requirement: All units shall be restricted to six (6) month
minimum leases with no more than two (2) shorter tenancies per
year.
Response: Proposed in the new
condominiumized properties from
restriction, as follows:
code are criteria for exempting
the six month minimum lease
a. The immediate vicinity of the parcel proposed for
condominiumization is characterized predominantly by lodges
or other units which are permitted to be used as short term
accommodations, and a substantial percentage of these units
are currently being used for short-term rentals; and
b. The parcel is in close proximity to the downtown area or
to major tourist recreational facilities; and
c. The Aspen Area Comprehensive Plan designates the subject
neighborhood as appropriate for short term accommodations.
Several condominiumization cases have recently been heard by City
council using this or similar criteria to consider requested
2
exemption from the 6 month lease provision. The 700 E. Hyman
townhouses, next door, were exempted based on the prototype of
the above criteria. Proximity to the downtown and the Little Nell
ski lifts, as well as general assessment of the neighborhood were
the reasons given for that decision.
This property seems to clearly meet some of the criteria for
exemption, while it is not so clear whether it meets other
criteria. It is approximately 2 blocks away to the CC zone
district, which is close. The Land Use Plan of 1973 identifies
this area as part of the "Central Area," noting that on the
fringe, resident-related commercial, residential and professional
office uses are appropriate. The immediate vicinity contains a
mix of commercial uses, short-term residential next door, and
predominantly long-term residential to the north. It would be
unfortunate if this exemption gave precedence to changing the
residential uses on the 700 block of East Hopkins to the north
from predominantly long term to predominantly short term. Staff
concludes that short-term residential use is mainly consistent in
character with this transitional block, and we support the
applicant's request for exemption from the six month minimum
lease provision.
3. Requirement: The applicant shall demonstrate that approval
will not reduce the supply of low and moderate income housing.
Response: In an affidavit from Ted Koutsoubus dated February
13, 1988 he states that at the end of the period when the house
was used for commercial purposes (flower shop) it was also leased
for interim residential use. This affidavit satisfied the Housing
Authority that the house had been bona fide affordable housing
within the past eighteen months, as shown in Jim Adamski's March
2 memorandum.
4. Requirement: A building inspection should be completed to
assure compliance with fire, health and safety requirements.
Response: The building is now under construction and will be
required to meet building codes prior to issuance of a certific-
ate of occupancy.
The applicant has requested exception from the full subdivision
process under Sections 20-19(c) and 20-22 of the Municipal Code.
It is stated that the review standards contained in Chapter 20,
Subdivision Regulations, are redundant, serve no public purpose,
and are unnecessary with regard to the land use policies of the
City. Staff generally concurs with this argument. The Engineering
Department has requested that the subdivision standards for storm
drainage in Section 20-17(f) be met; consequently, condition #3
below has been recommended.
RECOMMENDED MOTION: "Move to approve the requested subdivision
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exception for the purpose of condominiumizing 710-712 East Hyman
Avenue, subject to the following conditions:
1. A subdivision exception plat shall be filed with the Pitkin
County Clerk and Recorder's Office to the satisfaction of the
Engineering Department and meeting the requirements in Section
20-15 of the Municipal Code.
2. A statement of subdivision exception shall be submitted to the
satisfaction of the city Attorney prior to filing the plat.
Included in this statement shall be (a) agreement by the
applicant to join any future improvement district effecting this
property and (b) the provision that the property is not subject
to the six month minimum lease restriction or the notice of sale
and right of first refusal requirement."
3. The applicant shall submit storm water runoff calculations and
dry well sizing performed by a registered engineer to the
satisfaction of the Engineering Department prior to issuance of a
certificate of occupancy.
CITY MANAGER I S COMMENTS:
sb.e.hyman
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M E M 0 RAN DUM
'TD:
STEVE BUR51.EIN~ PLANNING OF'FleE
FF((Jlvl~
JIM ADAMSKi, HOUSING DIREC-I-OR
f)(lTE ~
!"'li4f~CH :2 ~ J c;E~8
i::~E ~
l".~EODOf~E (TED) kDU1'SDUBDS AFFIDAVI'f
?:ltt.ached
t.., sf E.'7r-f,2f1Cf.::
Block lOll.,!
Colcll"'ac.1o.
jc the an affidavit by T'headore (Ted) Koutsoubos
to the use of pr'operty described as: Lots 0 and
City arId "rownsite of Aspen, County o.f Pitkin, State
in
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This affidavit concerns ttlS larld use application of 710 -721 East
Hyman condominiumizatiofl, specifically the issue of previous use.
The Housing Office tlas reviewed the affidavit and
is slJ"F'ficlent in meeting the requires we place
ation.
.finds that it
un the applic-
If you have any questions or requIre adejitional infQ~matiorj
plea':5E.~ call UH~.~M
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STATE OF COLORADO
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AFFIDAVIT
COUNTY OF PITKIN
The undersigned, being first duly sworn, on oath states
and desposes as follows:
1. I owned the property described as:
Lots 0 and P, Block 104, city and Townsite of Aspen,
County of Pitkin, state of Colorado,
for approximately eighteen (18) years.
2. I occupied these premises as a temporary residence
for approximately six (6) months before starting the Pitkin
County Grainery, which continuously occupied these premises for
sixteen (16) years.
3. These premises were then leased to Mischell Huerta
for the purpose of operating a flower shop for approximately
one (1) more year.
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4. When Mischell's business was removed from these
premises, I elected to offer them for sale, and could not then
obtain a commercial tenant who would be willing to enter into a
lease terminable upon sale.
5. Thereafter, the property, containing about 1,000 sq.
ft., was leased for interim residential use pending sale on a
month-to-month basis at and for a monthly rental of $1,500.00
per month until it was sold to and torn down by Hodge Capital
Company.
6. FURTHER THE AFFIANT SAYETH NOT.
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Subscribed and sworn to before me this ~day of
February, 1988, by THEODORE (TED) KOUTSOUBOS.
Wit.... my hand and nfficial seal. ~\'\. . .
MYQID~iSSion expires: 01/~5~M- ~
. , . '/ Notary Public BONNIE DEAN
\re \ko., tEl'QUb;~ ff P.O. Box 1883,
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Aspen, CO 81612
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.MN 12
APPLICATION FOR APPROVAL OF PLAN FOR CONDOMINIUMizATION
PURSUANT TO SECTION 20-19(c) SUBDIVISION EXCEP~ION
THIS APPLICATION, submitted on behalf of HODGE WEST, a
California limited partnership, requests exception from the
full subdivision process for the expansion of the 700 E.
Hyman Condominium to include a duplex currently under
construction on the property known as 710-712 East Hyman.
The real property is described as follows:
Lots 0 and P, Block 104,
City and Townsite of Aspen,
Pitkin County, Colorado.
Section 20-22 of the Aspen Municipal Code sets forth the
requirements by which this condominiumization may be
approved. Included in this section are the following
requirements:
(1) Existing tenants must be given notice of sale and
right of first refusal [subparagraph (a)].
(2) All units must be restricted to six (6) month
minimum leases with no more than two (2) shorter tenancies
per year [subparagraph (b)].
(3) Demonstration that approval will not reduce the
supply of low and moderate income housing must be provided
[subparagraph (c)].
(4) The unit shall be inspected for fire, health and
safety conditions prior to condominiumzation [subparagraph
(e)] .
The Applicant is requesting exception under Section
20-19(c) for requirements (1) the notice of sale and right of
first refusal provision, (2) the six-month minimum lease
restriction, and (3) the demonstration that approval will not
reduce the supply of low and moderate income housing, and (4)
the units be inspected for fire, health and safety conditions
prior to condominiumization.
This application is submitted under Section 20-19 (c)
because the review standards contained therein, namely that
certain requirements be deemed "to be redundant, serve no
public purpose, and to be unnecessary in relation to the land
use policies of the City of Aspen under the facts and
circumstances presented", are the most appropriate to apply
when dealing with condominiumization and, further, because
the review standards of Section 20-19 (a) requiring a
determination of undue hardship, deprivation of reasonable
use of land, and the destruction and loss of a substantial
property right should an exception not be granted, are
totally nonsensical when applied to a plan which merely
changes the form of ownership without regard to the physical
characteristics or historic use of the property in question.
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This project originally participated in the 1987 GMP
competition and, after being subjected to the rigorous
scrutiny of the City's full planning process and the
attendant public input, received approval for the units to
which the unit currently under construction is sought to be
attached as a unified condominium project. Further adherence
to the full subdivision process makes no sense since the
proposed condominiumization has no effect on the allowable
densi ty or distribution, proposed use, or pattern of
development for the subject parcel.
Condominiumization pemits the separate ownership of each
unit and the common ownership of certain designated common
areas. This application contemplates the creation of a
declaration of covenants and restrictions which shall govern
the subject units and a condominium map which shall depict
the areas in separate ownership and the areas in common
ownership. In fact, the addition of these two (2) additional
units was clearly understood at the time of the Council's
granting of subdivision exception for condominiumization for
the original two (2) buildings comprising this project.
The approval of this Application for Subdivision
Exception does not contravene the intent and purpose of the
full subdivision procedure. The purpose of the full
subdivision procedure is:
"to assist the orderly, efficient and integrated
development of the City of Aspen; to insure the
proper distribution of population and coordinate
the need for public services with governmental
improvement programs; to encourage well-planned
subdivision by setting standards for subdivision
design and improvement; to improve land records
and survey monuments by establishing standards
for surveys, plans and plats; to safeguard the
interests of the public and the subdivider, and
provide consumer protection for the purchaser;
to acquire desirable public area; and to otherwise
promote the health, safety and general welfare of
the residents and visitors to the City of Aspen."
Aspen Municipal Code, Subsection 20-2, "purpose
and Intent".
The proposed condominiumization does not impact the
following concerns expressed as purposes for the subdivision
regulations: the need for public services, planned
subdivision, survey standards, and consumer protection. The
granting of this Application is not detrimental to the public
welfare or injurious to other property in the area since the
result of the proposed condominiumization is merely a change
in the ownership format.
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The requirements for providing a right of first refusal
to existing tenants should be excepted in this case because
the project consists of newly constructed units.
These units are unlikely to ever comprise a part of the
long-term rental market. That fact, coupled with the fact of
their proximity to the gondola and their location in a
transition area of the 0 (Office) Zone, being surrounded by
office buildings, parking lot and other commercial
structures, makes their restriction to six-month minimum
tenancy a burden to the City of Aspen in that it removes this
property from the available supply of short-term rental
housing in the City of Aspen. This fact was clearly
understood when the City excepted the first two (2) duplex
buildings from this requirement with the understanding that a
third duplex unit was then under construction, and permission
would be sought to add it to this project.
The approval of this application will not reduce the
supply of low and moderate income housing because these units
are currently under construction and have never been part of
the housing supply of the City of Aspen. A commercial
building sat on this parcel known as the Grainery Building
for years. It was rented as residential for one of the last
seven years which would classify it as a commercial use.
Even the one year it rented exceeded the moderate income
guidelines as it rented for $1.50 a foot.
The fact that these units are under construction will
insure that they meet current fire, health and safety
requirements since a Certificate of Occupancy will only issue
if they pass the more complete inspection required for new
construction. The requirement of an additional inspection
pursuant to Section 20-22 (e) is clearly redundant and
unnecessary in relation to the land use policies of the City
of Aspen.
Attached to this application are the following described
documents which are submited as part of this application:
1. Proposed Condominium Map.
2. Check for $720.00.
3. Letter from previous owners on rental.
Respectfully submitted this !l-- day of January, 1988.
LAW OFFICES OF GIDEON I. KAUFMAN,
a Pr essional Corporation
By
condoapp.l/CONDOl
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Ted A. Koutsoubos
419 E. Hyman Ave.
Aspen, CO 81611
(303) 925.7072
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,J Al'-I U A1<Y :.::, I ') :::.,
TilE HODCL CUM PAN I'
I~JS BRIm3EWAY BLVD.
~::;AU:::;AI TlU, C/\ ')!j-')6S
ATTN: PETE ROSELL
DEAR MR. ROSELL:
;:
THL PROPERTY KNUWN AS THE GRAINERY PRUPERTY LOCATED AT
716 E. HYMAI~ I,VENUC, A:3PEN, CULmUHADfl III\:3 IHTN (ll.JI'IEI) BY
TED KOUTSOLffiOS EOR A NUMBER OE YEARS AND HAS PHIMARIt Y
BEEN LEASCD TO COMMCRCIAL TENANTS AND USED AS RETAIL
::;PACE.
DURING THE PAST YEAR THE PROPERTY WAS RENTCD EOR SI,SUO.DD
PER MONTH BASED m~ A VERBAL Mm~l~ 10 MONTH AGREEMENl AND
USED A RESIDENCE. THE APPROXIMATE SmJARE EOOTAGE 01
THE STRUCTURE WAS 1,000 SQUARE ECET.
I HAVE BEEN WITH MR. KOUTSOUBOS SINCE ,JULY (~ 1986
AND MANAGE ALL OF HIS PROPERTIES.
IE YOU HAVE ANY OTHER ~JESTIONS Cm~CERNING fHIS PROPERJY,
PLEASE DO NOT HESITATE TO CALL ME.
:3INCERELY,
~XW~
CHRISTINE 01 BARTOLO
BUSINESS MANAGER
FEB I 2
M E M 0 RAN DUM
TO:
STEVE BURSTEIN, PLANNING OFFICE THE CITY OF ASPEN
AND PITKIN COUNTY, COLORADO
FROM:
ANN BOWMAN, PROPERTY MANAGER
RE:
FEBRUARY ll, 1988
710 - 712 E. HYMAN CONDOMINIUMIATION
DATE:
I have spoken with the applicants and they have agreed to provide
an affidavit stating that the property has not been used for
employee housing in the last l8 months. Upon receipt of such
document the Housing Authority would approve the condominiumiza-
tion.
1
MEMORANDUM
To: steve Burstein, Planning Office
From: Chuck Roth, Engineering Department
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Date: February 10, 1988
Re: 710-712 E. Hyman Condominiumization
Having reviewed the above referenced application, the Engineering
Department has the following comments:
1. The applicant must submit storm water runoff calculations and
dry well sizing performed by a registered engineer.
2. The agreement must include the current improvement districts
language available from the City Attorney.
3. A final plat must be submitted which meets the requirements
of Section 20-15 of the Municipal Code.
cc: Jay Hammond, City Engineer
CR/cr/memo_88.17
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130
asp
DATE: February 2, 1988
MEMORANDUM
TO: Steven Burstein, Planning Office
FROM: City Attorney
RE: 710-712 East Hyman Condominiumization
We have no comments at this time.
PJT/mc
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MEMORANDUM
TO:
Aspen Planning and Zoning Commission
FROM:
steve Burstein, Planning Office
RE:
710-720 East Hyman Condominiumization
DATE:
February 16, 1988
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LOCATION: 710-720 East Hyman Avenue, between the 700 East Hyman
Townhouses and the Aspen Athletic Club, Lots 0 and P of Block
104, Townsite and city of Aspen.
ZONING: 0 - Office zone district.
APPLICANT'S REQUEST: Hodge West, owner of the property, requests
approval of a subdivision exception for the purpose of condomini-
umizing the duplex under construction at 710-720 E. Hyman. The
applicant is requesting to be exempted from the notice of sale
and right of first refusal provision and the six-month minimum
lease restriction.
PROBLEM DISCUSSION:
A. Referral Comments:
1. Engineering Department: Chuck Roth stated in his February
10, 1988 memorandum that (a) the applicant must submit storm
water runoff calculations and dry well sizing performed by a
registered engineer, (b) the applicant should agree to join
future improvement districts in a statement acceptable to
the City Attorney, and (c) a final plat must be submitted
which meets the requirements of section 20-15 of the
Municipal Code.
2. Housing Authority: Ann Phillips stated that the applicant
should produce a legal affidavit to the satisfaction of the
Housing Authority documenting that the house on the property
had not served as affordable housing within the last
eighteen months. No records that can be verified have yet
been shown regarding the uses and rental costs of the house.
B. Planning Office Comments: Requirements for condominiumization
are stated in Section 20-22 of the Municipal Code. Following are
the Planning Office's comments regarding each requirement:
1. Requirement: Existing tenants shall be given written notice
when their unit is offered for sale, a ninety-day option to
1
purchase, and right of first refusal to purchase of their unit.
Response: The old house where the Grainery had been located
was demolished in the Fall of 1987. According to the former owner
of the property, Ted Koutsoubus, the last tenant was the Planti-
que flower shop. The primary use was commercial; however, during
the last era of this building prior to demolition, it was also a
"crash pad" for various people, serving very short term occupan-
cy. Under these unusual circumstances, we do not believe that the
right of first refusal need be offered to the "existing tenants."
We support the exemption of this requirement as no public purpose
would appear to be served in tracking down former tenants who had
occupied the house for short periods of time.
2. Requirement: All units shall be restricted to six (6) month
minimum leases with no more than two (2) shorter tenancies per
year.
Response: Proposed in the new
condominiumized properties from
restriction, as follows:
code are criteria for exempting
the six month minimum lease
a. The immediate vicinity of the parcel proposed for
condominiumization is characterized predominantly by lodges
or other units which are permitted to be used as short term
accommodations, and a substantial percentage of these units
are currently being used for short-term rentals; and
b. The parcel is in close proximity to the downtown area or
to major tourist recreational facilities; and
c. The Aspen Area Comprehensive Plan designates the subject
neighborhood as appropriate for short term accommodations.
Several condominiumization cases have recently been heard by City
Council using this or similar criteria to consider requested
exemption from the 6 month lease provision. The 700 E. Hyman
townhouses, next door, were exempted based on the prototype of
the above criteria. Proximity to the downtown and the Little Nell
ski lifts, as well as general assessment of the neighborhood were
the reasons given for that decision.
This property seems to clearly meet some of the criteria for
exemption, while it is not so clear whether it meets other
criteria. It is approximately 2 blocks away to the CC zone
district, which is close. The Land Use Plan of 1973 identifies
this area as part of the "Central Area," noting that on the
fringe, resident-related commercial, residential and professional
office uses are appropriate. The immediate vicinity contains a
mix of commercial uses, short-term residential next door, and
predominantly long-term residential to the north. It would be
unfortunate if this exemption gave precedence to changing the
2
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residential uses on the 700 block of East Hopkins to the north
from predominantly long term to predominantly short term. Staff
concludes that short-term residential use is mainly consistent in
character with this transitional block, and we support the
applicant's request for exemption from the six month minimum
lease provision.
3. Requirement: The applicant shall demonstrate that approval
will not reduce the supply of low and moderate income housing.
Response: The applicant has submitted a letter from the former
owner's management stating the house had rented for $1,500 per
month, or approximately $1.50 per square foot exceeding the
Housing Authority's Guidelines. Further discussion with Ted
Koutsoubus indicated that during the time the house was used for
commercial purposes (flower shop) it was also an informal "crash
pad." Ann Phillips of the Housing Office has recommended that,
under the provision that a legal affidavit is produced document-
ing the history of the house to not have been bona fide afford-
able housing within the last eighteen months, the new condominium
units should be exempt from this provision.
4. Requirement: A building inspection should be completed to
assure compliance with fire, health and safety requirements.
Response: The building is now under construction and will be
required to meet building codes prior to issuance of a certific-
ate of occupancy.
The applicant has requested exception from the full subdivision
process under Section 20-19 (c) of the Municipal Code. It is
stated that the review standards contained 1n Chapter 20,
Subdivision Regulations, are redundant, serve no public purpose,
and are unnecessary with regard to the land use policies of the
city. Staff generally concurs with this argument. The Engineering
Department has requested that the subdivsion standards for storm
drainage in Section 20-17(f) be met; consequently, we are
recommending condition #4 below.
RECOMMENDATION: The Planning Office recommends the Planning and
Zoning Commission to recommend approval of the requested subdivi-
sion exception for the purpose of condominiumizing 710-720 East
Hyman Avenue, subject to the following conditions:
1. A subdivision exception plat shall be filed with the county
Clerk and Recorder's Office to the satisfaction of the Engineer-
ing Department and meeting the requirements in Section 20-15 of
the Municipal Code.
2. A statement of subdivision exception shall be submitted to the
satisfaction of the City Attorney prior to filing the plat.
Included in this statement shall be agreement by the applicant to
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join any future improvement district effecting this property.
3. Prior to the hearing of this case before city council, the
applicant shall present an affidavit to the satisfaction of the
Housing Authority confirming that the house on the site of 710-
712 E. Hyman was not used as bona fide employee housing within
the prior eighteen months. If this document is not satisfactorily
produced then the applicant shall comply with Section 20-23(d) of
the Municipal Code, presenting a proposal to reduce or eliminate
the adverse effects of condominiumization on affordable housing
for a minimum period of five years from the date of approval.
4. The applicant shall submit storm water runoff calculations and
dry well sizing performed by a registered engineer to the
satisfaction of the Engineering Department prior to issuance of a
certificate of Occupancy.
sb.710e.hyman
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LAW OFFICES
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GIDEON I. KAUFMAN
RICHARD S. LUHMAN
A PROFESSIONAL CORPORATION
BOX 10001
315 EAST HYMAN AVENUE, SUITE 305
ASPEN. COL.ORADO BUm
TELEPHONE
AREA CODE 303
925-8use
GIDEON l. KAUFMAN
January 29, 1988
.. 281)0;
HAND-DELIVERED
Mr. steve Burstein
Aspen/pitkin county Planning Office
130 South Galena Street
Aspen, Colorado 81611
Re: 710-712 East Hyman condominiumization
Dear steve:
Pursuant to your recent request, I have enclosed a copy of
Schedule B, Section 2, of the Title Insurance Commitment for
Lots 0 and P, Block 104, City and Townsite of Aspen.
Very truly yours,
LAW OFFICES OF GIDEON I. KAUFMAN, P.C.,
a Professional Corporation
By ~.~::---
RSL/bw
Enclosure
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fu.,wyers Jtle
Insurance @Poration
NATIONAL HEADQUARTERS
RICHMOND, VIRGINIA
SCHEDULE B-SECTION 2
EXCEPTIONS
The policy or policies to be issued will contain exceptions to the
following unless the same are disposed of to the satisfaction of the
Company.
1. Rights or claims of parties in possession not shown by the public
records.
2. Easements, or claims of easements, not shown by the public records.
3. Discrepancies, conflicts in boundary lines, shortage in area
encroachments, and any facts which a correct survey and inspection
of the premises would disclose and which are not shown by the public
records.
4. Any lien, or right to a lien, for services, labor or material
heretofore or hereafter furnished, imposed by law and not shown by
the public records.
5. Defects, liens, encumbrances, adverse claims or other matters, if
any, created, first appearing in the public records or attaching
subsequent to the effective date hereof but prior to the date the
proposed insured acquires of record for value the estate or interest
or mortgage thereon covered by this Commitment.
6. Taxes due and payable; and any tax, special assessments, charge or
lien imposed for water or sewer service, or for any other special
taxing district.
.,;::r.
7. Reservations and exceptions as contained in Deed from the City of
Aspen as follows:
Provided, that no title shall be hereby acquired to any mine of
gold, silver, cinnabar, or copper to any valid mining claim or
possess on held under existing laws.
the above exceptions affect Lot 0 and P, Block 104,
f Aspen.
CHARLES h DOR
CHIEF TITLE OF
PTIKIN COUNTY
INC.
This commitment is invalid unless
the Insuring Provisions and Schedules
A and B are attached.
Schedule B-Section 2
Commitment No.PCT-1551
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LAW OFFICES
UAN' LJ
GIDEON L KAUFMAN
RICHARD S. LUHMAN
A PROFESSIONAL CORPORATION
BOX 10001
315 EAST HYMAN AVENUE. SUITE 305
ASPEN. COLORADO 81611
...,--
GIDEON l. KAUFMAN
TELEP"HoNE
AREA CODE 303
925*91<<5<<S
January 26, 1988
HAND-DELIVERED
Mr. steve Burstein
Aspen/Pitkin County Planning Office
130 South Galena Street
Aspen, Colorado 81611
Re: 710-712 East Hyman Condominiumization
Dear steve:
Pursuant to your letter of January 18, 1988, I have
enclosed the following:
1. Disclosure of Ownership (one copy);
2. Authorization by Owner for representative to submit
application (original and five copies); and
3. Hodge Capital Company's check drawn payable to the
City of Aspen Planning Department in the sum of $90.00.
In addition, please amend our Application to indicate it
is being submitted on behalf of Hodge Capital Company. It is
my understanding that this completes the Application, and that
we can expect this matter to be reviewed by P&Z on February 16,
1988. Thank you for your thoughtful attention.
Very truly yours,
LAW OFFICES OF GIDEON I. KAUFMAN, P.C.,
a Professional corporation
By
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Enclosures
cc: Hodge Capital Company
qlTKIN COUNTY TITLE, Inc.
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Title Insurance Company
601 E. Hopkins
Aspen, Colorado 81611
(303) 925.1766
CERTIFICATE OF TITLE
Pitkin County Title, Inc., being a duly licensed Title Insurance Agent for the State
of Colorado hereby certifies that HODGE CAPITAL COMPANY, a California Limited Partnership
is the owner in fee simple of the following described property:
LOTS 0 AND P,
BLOCK 104,
CITY AND TOWNSITE OF ASPEN.
COUNTY OF PITKIN,
STATE OF COLORADO.
DATED: January 21, 1988
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January 22, 1988
Mr. Alan Richmond
City of Aspen
130 S. Galena Street
Aspen, CO 81611
RE: 710 E. HYMAN DUPLEX
Dear Alan,
Please consider this letter as authorization for
Mr. Gideon I. Kaufman to submit a condominimization
application in behalf of the Hodge Capital Company.
If you have any questions regarding this authorization
please call me.
Rosell, V.P.
---
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MEMORANDUM
TO:
city Attorney
City Engineer
Housing Director
FROM:
steve Burstein, Planning Office
RE:
710-712 E. Hyman condominiumization
DATE:
January 20, 1988
----------------------------------------------------------------
----------------------------------------------------------------
Attached for your review and comments is an application submitted
by Gideon Kaufman on behalf of his client, Hodge West, requesting
Condominiumization of Lots 0 and P, Block 104, otherwise known as
710-712 E. Hyman to include a duplex. Waiver from the six month
minimum lease restriction is also requested.
Please review this material and return your comments to this
office no later than February 5, 1988 in order for this office to
have adequate time to prepare for its presentation before P&Z.
Thank you.
RE:
Dear
ASPEN/PITKIN PLANNING OFFICE
130 S. Galena Street
Aspen, CO 81611
(303) 925-2020
Oate: f'iJ It./~tf
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This is to inform you that the Planning Office has completed its
preliminary review of the captioned application. We have determined
that your application IS NOT romplete.
include:
Additional items required
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Disclosure of Ownership (one ropy only needed)
Adjacent property Owners List/Envelopes/postage (one copy)
Addi tional ropies of entire appl ication
Authorization by owner for, representative to submit applica-
tion
A.
Response to list of items (attached/below) demonstrating
compliance'with the applicable policies and regulations of the
Code, or othee specific materials
A check in the amount of $ q 0
Your appl ication is compJ:~te and we have scheduled it tor
review by the' ~4('1. on l;v'o \1,. We will
call you if we need any additional . information pdor to that
date. . Seveeal days prior to your heacing, we will call and
make available a ropy .01' the memorandum.. Please note that it
IS NOT your responsibility to post your peoperty with a
sign, which we can provide you for a $3.00 fee.
B. Your appl ica tion is incompl ete, we have no t schedul ed it
review at this time. When we receive the materials we have.
eequestea, we will place you on the next available agenda.
<;~
If you have any questions, please call
the planner assigned to youe case.
~
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Sincerely,
ASPEN/PITKIN PLANNING OFFICe
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STATEMENT OF EXCEPTION .. ~
FROM THE FULL SUBDIVISION PROCESSoo '"
FOR THE PURPOSE OF CONDOMINIUMIZING THE PROPERTY
AT 708-710 EAST HYMAN AVENUE. CITY OF ASPEN. COLORADO
BOOK 559 p~GE567
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WHEREAS, HODGE CAPITAL COMPANY, a California limited
partnership (hereinafter referred to as "Hodge"), is the owner of
a parcel of real property described as Lots 0 and P, Block 104,
City and Townsite of Aspen, Pitkin County, Colorado (commonly
known as 708 and 710 East Hyman Avenue, Aspen, Colorado); and
WHEREAS, Hodge has requested an exception from the full
subdivision process and from the requirements of subparagraphs
(a), (b) (c) and (e) of section 20-22 of the Muncipal Code of the
city of Aspen for the purpose of condominiumizing the property
described above; and
WHEREAS, the City Council of Aspen, Colorado, at its regular
meeting on March 14, 1988, determined that Hodge's request for
such condominiumization was appropriate and granted the same,
subject however, to the conditions described hereinafter.
NOW, THEREFORE, the City Council of Aspen, Colorado, does
determine that the Application For Exception From the Full
Subdivision Process and from the requirements of subparagraphs
(a), (b) (c) and (e) o~ Section 20-22 of the Muncipal Code of the
city of Aspen for the purpose of condominiumizing the property
described above is proper and hereby grants said exceptions,
PROVIDED, HOWEVER, that the foregoing exceptions are
expressly conditioned upon:
1. Hodge's submission of a recordable Condominium Plat
consistent with Section 20-15 of the Municipal Code of the city of
Aspen. Colorado, in a form acceptable to the Aspen City Engineer
and the Aspen City Attorney.
2. Hodge agrees that it will consent to the formation of
any special improvement district encompassing all or any part of
708-710 East Hyman Avenue, Aspen, Colorado, that may hereafter be
proposed or formed for the construction of streets, alleys,
drainage improvements and/or buried electrical improvements.
Hodge hereby waives and further agrees to waive any right of
protest against the formation of any such district.
3. The storm water runoff caluculations and drywell sizing
submitted by Hodge and approved by the Engineering Department of
the City of Aspen shall be verified by the Aspen/Pitkin County
- 1 -
.' -
BOOK 559 P4GE568
Building Department prior to issuance of a Certificate of
Occupancy.
DATED this ~ day of March, 1988.
HODGE CAPITAL COMPANY, a California
limited partnership
By ~-y _________
THOMAS H. WILSON, general partner
CITY OF ASPEN,
corporatio _
FORM:
~AtJ,l -:s \A '\) \)L~.J "-
torney
I. KATHRYN S. KOCH, do hereby certify that the foregoing
Statement of Exception from the Full Subdivision P~oces~ for the
Purpose of Condominiumizing the Property at 700 E~st~~~doAvenue,
Aspen, Colorado, was considered and approved by/thEr' Aspen.) City
Council and that the Mayor, William L. stirling~w9s authorized to
execute the same on behalf of the city of Aspen.~ ; '} V:iI S . .
~'~
KATHRYN . KOCH, ..~" ,,' l:~k
STATE OF COLORADO
(),J SSe
COUNTY OF f-' Tr , ' ',',)'.
The foregoing instrument was acknowledged bef~t'e .111/9 'fhr1t~I?
day of March, 1988, by THOMAS H. WILSON as general p~r~r:Gr:
HODGE CAPITAL COMPANY, a California limited partne;r;:sh,i,p;<,0If"'be'h~lf
of said partnership. . -.<.. v 7),'i ~
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J'u' . r\ ,,'
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WITNESS my hand and official seal.
My commission expires: 5~ 11.r'~tO
(ADDITIONAL NOTARY ACKNOWLEDGMENT ON PAGE 3)
- 2 -
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BOOK 559 PAGE 569
STATE OF COLORADO
)
) SSe
)
COUNTY OF PITKIN
The foregoing instrument was acknowledged before me thiso?~~
day of March, 1988, by WILLIAM L. STIRLING, as Mayor, and KATHRYN
S. KOCH as city Clerk of the CITY OF ASPEN, a municipal
corporation.
", ( (WITNESS my hand and official seal.
!1Y commission expires: ,',.;?,.-' if I
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