HomeMy WebLinkAboutcoa.lu.ec.820&822 E Hyman Ave-Townhomes.01A-88
, ,".'
",,\,,';':'\'~'" >,\","',,:~,,"',
,..~
. ~
....'"
#
411;
~\L
CASELOAD SUMMARY SHEET
city of Aspen
DATE RECEIVED: //6/8'8' PARCEL ID AND CASE NO.
DATE COMPLETE: 2.=:p;f~lfl~of'OD5 OJ!1:.J?
rJD . STAFF MEMBER: '~
PROJECT N.Mm: ~ K'll t. OJrKOvrk(tJ;HiiJJrl/LJ Cor,JJn/!Jf{/dJ~
Project Address: 9- U
APPLICANT:.;ffA1Jlt. RJjl1 E.' f,.c. P [,. CA\tfl.
Applicant Address:
REPRESENTATIVE:]11JJ1ti J. J~~%~ ~. f:u;ft
Representative Address/Phone: .t..ril! ..viA) 4 2lUs
_ fLillhU-r_ f/k11 _==~:2.kOD ==
PAID: @ NO AMOUNT: ~ dO
1)
TYPE OF APPLICATION:
1 STEP: 2 STEP:
v
>>
~ * -:t. C> _ wv.u. \.. "*"
2) IF 1 STEP APPLICATION GOES TO:
P&Z
CC
't.
~<)
3)
PUBLIC HEARING IS BEFORE:
(Ii/A.? o,<t ,:,>".,~:",\j,':\k'"
INITIALS:(fl.L0 .
l!,
P&Z cc
""'-""''''-'';''' fJ' "'gO'
DATE~~;;: "~~6-6
I
REFERRALS :
/CitYAttorney
V city Engineer :"
.Housing'Dir.
Aspen Water
City Electric
Envir.Hlth~
Aspen Consol.
S.D.
Mtn. Bell
Parks Dept.
. Ho1y cross
Fire Marshall
Fire Chief
Roaring Fork
Transit
School District
Rocky.Mtn NatGas
State Hwy Dept(GW)
State Hwy Dept(GJ)
Bldg:Zon/Inspect
Roaring "Fork
Energy Center
other
FINAL ~mG: DATE ROUTED: 9//.3/n' INITIAL:~
V city Atty ~ity Engineer 'V Bldg. Dept.
~
Other: ,~lrJ' .
u;:..,.'.,.;_..'....;-'.:....._..;., .,., :
,~,-,,-'-'::-/"~'~'".':''' .:.' ". " - ',:
. .' >i.....,""';'.,".,.' . ~ ~ .~
FILE STATUS<\f'P'~TION:' ......'.,.. ' , ~" '
. ,',' -' ,,', .
" .;.,','J- .... "-.. . ,',-,;
"
.'(
~.~';.:..."'.
. " .'t. C","'
,
,
A
~.;
\'\, .
, . ~
'...~:h..'
'\ ',.'
,.. ..
I
"
:;'-';'
:~ \
.1.;,
.:~ '
,..',
""/
CASELOAD SUMMARY SHEET
820 AND 822 EAST HYMAN TOWNHOMES CONDOMINIUMIZATION
TO:
FILE
FROM:
CINDY HOUBEN, PLANNER
RE:
820 AND 822 EAST HYMAN TOWNHOMES CONDOMINIUMIZATION
----------------------------------------------------------------
The city council approved the condominiumization of 820 and 822
East Hyman condominiumization with the following conditions:
1) The applicant shall submit a statement of subdivision
exception which shall include the limitation that the units
shall be rented for periods of six months, with no more than
two shorter tenancies per year.
2) The applicants shall agree to join an improvements district
if one is formed for their area.
3) A plat shall be submitted pursuant to section 20-15 of the
Aspen municipal Code
4) Schematic floor plans shall be submitted~hich include the
following:
a.
Individual units
.
'. .,~.'" t
b. Common and limited elements
c. Elevations of floors and ceilings
d. Additional elements as required by the colorado state
statutes.
CH.RON2
..' ('
"..'~ ..
':>'
"0';
;:,"
....
i'.{_
,C '( / (
I'
UtlC>'i '
L. ),.":._../ ,'_<_
v
;it {ii -",'
/:-; /-
{,.~ }
"C' ' / "f"
'.Y L---- L_.~.__.r' ~)
, -
,. , ( , . ,.'. I.. .',2 ,',j
:,_~1 -,-/(~ .-2/--_____ ,../Z. L' "---
Lie t<.7:r ;C'L't(t
'/~/':?:r)(
I 'ILl v~_
.- 1'7.(/0-,'
ieA', MEMORANDUM
TO:
Aspen city Council
FROM:
Robert S. Anderson, Jr., City Manager
Cindy Houben, Planning Office~
820 & 822 E. Hyman Townhomes Condominiumization
THRU:
RE:
DATE:
April 11, 1988
----------------------------------------------------------------
----------------------------------------------------------------
SUMMARY: The Planning Office and Planning commission recommend
approval of the condominiumization and subdivision exception for
820 & 822 E. Hyman with conditions as listed.
APPLICANTS: Frank Ross and McCloskey Enterprises.
REQUEST: The condominiumization two duplexes under construction,
located at 820 and 822 E. Hyman.
ZONING: The proposal is located in the RMF zone district.
REFERRAL COMMENTS:
~
"
1)
Engineering Department: In a memorandum dated March 4, 1988,
the Engineering Department made the following comments:
1. A plat should be submitted pursuant to Section 20-15 of
the City of Aspen Municipal Code.
2.
Along with this plat there
plans and cross sections.
following:
should be schematic floor
These should include the
a. Individual units;
b. Common and limited elements;
c. Elevations of floors and ceilings; and
d. Other elements as required in Colorado State
Statutes.
HISTORY: On March 22, 1988, the Planning commission recommended
approval with the conditions as listed.
DESCRIPTION OF THE PROPOSAL: There is currently under
construction on this site two duplexes (4 units) with each unit
containing 1800 sq. ft. The application meets the general
r-'-'.
,A'''"'',
......""
,
requirements of the Code and
minimum lease restriction
regulation Section 7-1008(2).
requests a waiver from the 6 month
pursuant to the proposed Code
section 20-22 regarding Condominiumization addresses the
following criteria:
a) CRITERIA: Existing tenants shall be given written notice
when their unit is offered for sale, which notice shall
specify the sale price. Each tenant shall have a ninety-day
nonassignable option to purchase their unit at this
preliminary market value. In addition, each tenant shall
have a ninety-day exclusive nonassignable right of first
refusal to purchase their unit which shall commence when a
bond fide offer is made by a third person, and accepted by
the owner. In the event that such offer is made while the
ninety-day option is still in effect, the tenant may
purchase the unit for the amount of the initial sales price
or the amount of the bone fide offer, whichever is less.
RESPONSE: 820 had been a long-term residence for the Popish
and Hammond families since 1961 with the exception that it
was short termed from December of 1986 until April of 1987.
822 was a single family home which had been short termed
since 1982. Therefore, other than the long term residents
of 820, there were no individuals who should be offered the
first right of refusal to purchase. The applicants have
stated in their application that they will contact these
individuals, if necessary.
b) CRITERIA: All units shall be restricted to' six (6) month
minimum leases with no more than two (2) shorter tenancies
per year.
~ RESPONSE: The applicants are requesting that the 6 month
/ lease restriction be waived. The applicants argue that the
location of the structure meets the criteria as outlined in
the proposed Land Use Regulations for the waiver of the 6
month minimum lease restriction.
The proposed section of the Code which covers the criteria
for waiver of the 6 month minimum lease restriction is as
follows:
7-1008
(2) Residential dwelling units in the Residential/Multi-
family (RMF) , Rural Residential (RR), Commercial Core
(CC) , Commercial (C-1) , and Office (0) zone districts
shall be restricted to six (6) month minimum leases,
with no more than two (2) shorter .tenancies per year,
unless the applicant shall demonstrate that:
2
\),OC/
/
,~
\.
""'"
'-..,-,
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
RESPONSE: The applicants have conducted extensive
research for the neighborhood with regard to occupancy.
This information is included in YOllr packet. Out of 18
multi-family projects in the neighborhood over half of
the units are short termed. The immediate vicinity does
include a mixture of long term and short term rent a
well as owner occupied units. However, it is-
important to note that the projects which allow the
short term accommodations are all projects which were
created prior to the enactment of the 6 month minimum
ase restriction in 1977 or are located to the west 0 -
riginal Street. The 6 month minimum lease restriction
was waived for 700 East Hyman, a similar residential
project, however, it is important to note that this is
a project in the Office Zone District and is located
West of Original Street.
.",}'
("-) '\_'---" \
/ "i\ :.'
,/ \\ ',,"
Y I' ('
" "\
J") Vr~/
\;' :./-.j)
i' 'J
\-
\'
We believe that Original Street should be considered a
dividing line between the downtown area and this mixed
long term residential neighborhood. The council
recently made the determination on the Torpen condo
project, located at 1018 E. Hopkins, in the same
general neighborhood, that short terming would further
deteriorate the area as a long term residential area.
The Torpen condo project was denied the ability to
waive the 6 month minimum lease restriction. We suggest
that waiving the six month lease restriction for 820
and 822 may cause a "tipping" of this neighborhood
toward more short term use, which is undesirable,
given the many residences in the area.
b) The parcel is in close proximity to the downtown
area or to major tourist recreational facilities.
RESPONSE: The proposed townhomes are located within one
quarter block of the bus route, four blocks from the
gondola and three blocks from the Hyman Avenue mall. In
addition, the Aspen Square, a short term project, is
located approximately 3 blocks away from the proposal.
c) The Aspen Area Comprehensive Plan designates the
subject neighborhood as appropriate for short-term
accommodations.
3
':I
,.\
.JJ
.~
~O/
<"""'"
,."',
RESPONSE: The 1973 Aspen Area Comprehensive Plan shows
that the area East of Original street is designated as
single family and mixed residential. Mixed residential
is defined as having a limited amount of professional
offices and tourist accommodations.
r
L
'In addition to these three criteria, the City Council has
requested, through the Code revision process that we add an
additional criteria to this section of the Code. The additional
criteria is proposed to read as follows:
There were not previously long-term residents of the parcel
who were displaced by the proposed condominiumization.
The creation of one of the new duplexes and it's proposed
condominiumization does displace one long-term family residence
at 820 E. Hyman. 822 has been short-termed for a number of
years.
(c) CRITERIA: The applicant shall demonstrate that approval will
not reduce the supply of low and moderate income housing.
Such demonstration shall be made at the time of initial
consideration by the Planning and Zoning commission for
purposes for their recommendation to the city Council.
RESPONSE: The applicant has demonstrated that there will be
minimum displacement of employees through the verification
(affidavits have been submitted) that the units have been
used as long term residents by individuals who do not
qualify under the employee housing guidelines and as second
homes which have been short termed.
RECOMMENDED MOTION: The City Council grants
subdivision and condominium request with
conditions:
approval of the
the following
1)
The applicant shall submit a
exception which shall include the
shall be rented for periods of six
two shorter tenancies per year.
statement of subdivision
limitation that the units
months, with no more than
2) The applicants shall agree to join an improvements district
if one is formed for their area.
3) A plat shall be submitted pursuant to section 20-15 of the
Aspen municipal Code
4) Schematic floor plans shall be submitted which include the
following:
a. Individual units
4
.<rl'....
"r,';
b. Common and limited elements
c. Elevations of floors and ceilings
d. Additional elements as required by the colorado state
statutes.
CITY MANAGER'S COMMENTS:
ch.ron
5
","',
'ok'
AUSTIN & JORDAN
Ronakl D. Auslin
Willillm R. Jordan 111
Gray A. Young
Frederick F. Peirce:
Allomey~ Al UW
600 East Hopkins A venue
Suite 205
Aspen. Colorado 81611
Telephone (03) 925.2600
FAX (03) 925-4720
March 15, 1988
Ted D. Gardcnswanz
M E M 0 RAN DUM
TO:
City of Aspen Planning and Zoning Commission
Cindy Houben, Assistant Planner
FROM:
Ronald D. Austin, Esq.
APPLICANT:
PROJECT:
SUBJECT:
B.C.P.C. Corporation
822 EAST HYMAN TOWNHOMES
A. Impact on low and moderate income housing;
B. Requested waiver of six month lease requirement.
The applicant submits the following memorandum:
A. The current Aspen Code, in section 20-22(c), requires
that "the applicant shall demonstrate that approval will not
reduce the supply of low and moderate housing." We will address
the criteria in the order set forth in the Code. They are as
follows:
(1) Evidence that illustrates that there will be
minimal tenant displacement as a result of the conversion. As we
have represented in our land use application, the premises that
preexisted the duplex being constructed on this property was
occupied as a single-family residence by Jennie and Louis Popish
from 1961 to 1982 when they sold the property to James W.
Hammond, Jr., who utilized the residence as a vacation home. Mr.
Hammond then sold the property to Aspen Custom Builders who
short-term rented the property through the remainder of the
winter from December 15, 1986, through April of 1987. Thus,
there were no tenants to be displaced as contemplated by the
Code.
(2) Evidence that illustrates that tenants have not
been required to move involuntarily within the preceding
eighteen months prior to application, except in cases of lawful
displacement. For the reasons set forth above, this is not
applicable.
(3) Evidence that condominium units will be affordable
by persons of low or moderate income. The purchase price of the
property was $312,900 which was basically the cost of the two
lots involved. Thus, we submit, that this property would never
have been suitable for lower or moderate income persons. For
example, if you assume a $62,900 down payment and a mortgage of
$250,000 at 10% for thirty years, the monthly payments for the
loan would be $2,193.94 per month, Of course, $62,900 would be a
~
,
-
-.....I
AUSTIN & JORDAN
Attorney. At Law
Memorandum - Planning & Zoning Commission
March 15, 1988
Page 2
large down payment, but it simplifies this illustration. This
does not include taxes or insurance on the property as well as
utilities and other regular costs. Thus, the monthly payments
necessary to maintain the single family residence as it existed,
would be in a range of $2,400 to $2,600 per month or $28,800 to
$31,200 per year. This illustrates why property in Aspen in this
vicinity, so close to the downtown area, is not available for low
or moderate income housing. Thus, the condominium units
constructed on the site, of economic necessity, are not available
for low or moderate income persons.
(4) Evidence that the rental price of the condominium
units will not be substantially increased after
condominiumization. This does not really appear to apply to our
situation. As will be obvious from Section B below, the
applicant wishes to be able to short-term rent these units.
(5) Evidence that tenants who do not wish to exercise
their option or right of first refusal shall be provided with at
least 180 days after final counsel approval or when their unit is
sold to a third person, whichever date is later, in which to
relocate. This section does not apply since there are no
tenants.
(6) Evidence that the prospective purchaser is an
employer or a group of employers who intends to rent the units to
its employees. This section does not apply.
The provisions of Section 20-22 regarding evidence of
historical rental terms in excess of one month do not apply for
the reasons set forth above.
For the reasons set forth above, this project has absolutely
no impact whatsoever on employee housing or low or moderate
income housing.
B. With respect to the applicant's request for a waiver of
the six month lease restriction, it is important to take into
consideration the following:
It is worth noting that in the new code proposals, the
matters to be taken into account in considering this restriction
are (a) the immediate vicinity of the parcel proposed for
condominiumization is characterized predominately by lodges or
other un'i ts which are permi tted 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 town area or to major tourist
recreational facilities, and (c) the Aspen area comprehensive
plan designates the subject neighborhood as approximate for
'......
,~
AUSTIN & JORDAN
Attorneys At Law
Memorandum - Planning & Zoning Commission
March 15, 1988
Page 3
short-term accommodations.
This project is located one-quarter block east of
Original Street and is surrounded by condominiums and commercial
bUildings. One-quarter block away is the Aspen Athletic Building
and next to it are the 700 and 710-712 East Hyman Townhomes,
which have recently been constructed and which are similar in
nature to the units in this project, except they are
substantially larger. The 700 and 710-712 East Hyman Townhomes
have no six month rental restriction, since it was waived by the
City, based upon these criteria.
..
Within two to three blocks of this project are the
short-term condominium rental units that are listed on the
attachment to this memorandum and as are illustrated on the map
attached hereto as well. An informal survey of property managers
reveals that the immediate vicinity is predominately lodges and
condominiums, most of which are available for short-term rentals.
We have been able to determine at least 133 of 203 available
units are actually short-term rented. This is not presented as a
complete list since we were unable to locate the management of
some of the units. Nonetheless, it is obvious that this is a
tourist accommodation area rather than a long-term residential
area.
Further, these townhomes are located within one-quarter
block of the bus route on Original Street. It is only four
blocks to the gondola and within that distance, it is only three
blocks from the Hyman Avenue Mall. The Aspen Square, which is
one of the largest short-term condominium rental projects with
shops and restaurant space is also only three blocks away.
Thus, this project fits squarely within the exception
criteria of the new Code provisions and certainly complies with
any of the existing criteria utilized by the City in waiving the
six month rental restrictions for similarly situated projects.
Thank you for your consideration.
Sincerely,
RDA/mls
By
bcpc2/mls
'~Pl!~.Ii;:J~L~;.~~n.J~t}
A.
B.
C.
D.
E.
F.
G.
H,
1.
J.
K,
0 L.
M,
N.
0,
P.
Q.
R.
X.
~, ,",.
r'-
\". j
:>
HAP INDEX - CONDOMINIUM SURVEY
CONDOMINIUMS/LODGES
CHATEAU ROARING FORK - 42 Available/41 Rented Short-Term
RIVERSIDE CONDOMINIUMS - 12 Ava11able/6 Rented Short-Term
MITTENDORF CONDOMINIUMS - 10 Availabie/2 Rented Short-Term
SILVER BELL CONDOMINIUMS - 12 Available/6 Rented Short-Term
ORIGINAL STREET CONDOS - 6 Available/2 Rented Short-Term
BUCKHORN LODGE - 29 (approx.) Available/29 Rented Short-Term
BELL MOUNTAIN LODGE - 16 Available/IS Rented Short-Term
CHATEAU BLANC - IS Available/14 Rented Short-Term
CHATALET CONDOMINIUMS - Unable to Locate Management
700 EAST HYMAN TOWNHOMES - 6 Available/I Being Considered
EAST HOPKINS CONDOS - 6 Available/S Rented Short-Term
GAVILON CONDOMINIUMS - 12 Available/2 Rented Short-Term
VALLEY APARTMENTS - Unable to Locate Management
QUEEN VICTORIA CONDOS - 13 Available/2 Rented Short-Term
MOUNTAIN RIVER MANOR - Unable to Locate Management
CENTENNIAL PARK - Unable to Locate Management
LARKSPUR - Unable to Locate Management
ORIGINAL CURVE CONDOS - 24 Available/7 Rented Short-Term
SUBJECT PROPERTY
TOTAL UNITS AVAILABLE PER SURVEY: 203
SHORT-TERM UNITS PER SURVEY: 133
TOURIST PACILITIES/RETAIL
1.
-Less than one-halt ~lock trom A~pen Free Bus route.
ASPEN ATHLETIC CLUB - One-halt block walking distance trom
subject property.
2. ,CITY MARKET COMPLEX. INCLUDING RETAIL SHOPS AND RESTAURANTS
- One and one-halt blocks walking dietance trom subject
property.
3. ASPEN SQUARE CONDOMINIUM COMPLEX WITH RETAIL SHOP/RESTAURANT
AREA AT STREET LEVEL - Two and one-halt blocks walking
distance trom subject property.
4. MEZZALUNA BUILDING RETAIL SHOP/RESTAURANT AREA - Two and
one-halt to three blocks walking distance trom subject
property. (Including Chateau Aspen Condominiums - All
short-term rented.)
PROPERTY MANAGEMENT PIRMS CONTACTED AS PART OP SURVEY:
Coates. Reid & Waldron
Stirling Homes. Inc.
Condomlnimurn Management Inc.
Aspen-Property Managers
Charles McCartney Property Management
Dolomite Villa Property Management
Bell Mountain Lodge Management
Buckhorn Lodge Management
I,
, ,
-::
(PUO)
D-1511~~
'oJ ~'"
, :::;/:,
'~l. - .
R-15
Sr !
~
1
I
i
R-6!
I
i
<:
~,
1>
~
-
''h;/lyc:
1- [[IT[[]]
i,'~~~~~:ll.~rt'!:l:;~~~:~~~:~~t~~~~~
-I
I
I
I
I
In-I"
I , , I ! : I
I II ii, I I
I ' ,I I
,~( HOPKINS AiE
i iTal1rlTn : '
I~II I
I -. TT, . '-OJ] I I
I I ~ I I ! ,I I
":~','i I I
I I I
I ..... (HVlolAN I
: .~TffiTTll nmm] : flTITlTm
~ '~_L@LlJJJ ~ ~ ~ LJJJ&LlW
t b7~ tliSfft lllIillJ] :
I I~~~., w
I 'E 1-----__..1___".. Co ~
. ~ . E. oper (fl
n~:7~JfJr! ~'~ - - ~
: : i iC ll! wi II ! 1IT\li1'lTTl I
I !!. I I LUJl:!1JlJ I
\Ljl"_ ---r-J.----------11 E_ Durant
--'I\;J.,' ,-: TO] IOJ]ID]'
! 1 I I .
~.J .., I I
~- I I
I I
I I
..
,
i
,
ITIWlllrrD
[][[[[D~DJJ
mJ ~ rID
.F[IJ
JII-j
- .I
.~~
~ .
I____~
-'--
jll ,/ // \<.
/H ,".
~~ .( 7;' ,
, '<.. /'.
l--, v
-,
oJ
'-
-
-
,.,
--
",-,""
MEMORANDUM
TO:
Aspen city council
THRU:
Robert S. Anderson, Jr., City Manager
Cindy Houben, Planning Office~
820 & 822 E. Hyman Townhomes Condominiumization
FROM:
RE:
DATE:
April 11, 1988
----------------------------------------------------------------
----------------------------------------------------------------
SUMMARY: The Planning Office and Planning commission recommend
approval of the condominiumization and subdivision exception for
820 & 822 E. Hyman with conditions as listed.
APPLICANTS: Frank Ross and McCloskey Enterprises.
REQUEST: The condominiumization two duplexes under construction,
located at 820 and 822 E. Hyman.
ZONING: The proposal is located in the RMF zone district.
REFERRAL COMMENTS:
1) Engineering Department: In a memorandum dated March 4, 1988,
the Engineering Department made the following comments:
1. A plat should be submitted pursuant to section 20-15 of
the City of Aspen Municipal Code.
2.
Along with this plat there
plans and cross sections.
following:
should be schematic floor
These should include the
a. Individual units;
b. Common and limited elements;
c. Elevations of floors and ceilings; and
d. Other elements as required in Colorado State
Statutes.
HISTORY: On March 22, 1988, the Planning Commission recommended
approval with the conditions as listed.
DESCRIPTION OF THE PROPOSAL: There is currently under
construction on this site two duplexes (4 units) with each unit
containing 1800 sq. ft. The application meets the general
" ,.i~
requirements of the Code and
minimum lease restriction
regulation section 7-1008(2).
requests a waiver from the 6 month
pursuant to the proposed Code
section 20-22 regarding Condominiumization addresses the
following criteria:
a) CRITERIA: Existing tenants shall be given written notice
when their unit is offered for sale, which notice shall
specify the sale price. Each tenant shall have a ninety-day
nonassignable option to purchase their unit at this
preliminary market value. In addition, each tenant shall
have a ninety-day exclusive nonassignable right of first
refusal to purchase their unit which shall commence when a
bond fide offer is made by a third person, and accepted by
the owner. In the event that such offer is made while the
ninety-day option is still in effect, the tenant may
purchase the unit for the amount of the initial sales price
or the amount of the bone fide offer, whichever is less.
RESPONSE: 820 had been a long-term residence for the Popish
and Hammond families since 1961 with the exception that it
was short termed from December of 1986 until April of 1987.
822 was a single family home which had been short termed
since 1982. Therefore, other than the long term residents
of 820, there were no individuals who should be offered the
first right of refusal to purchase. The applicants have
stated in their application that they will contact these
individuals, if necessary.
b) CRITERIA: All units shall be restricted to six (6) month
minimum leases with no more than two (2) shorter tenancies
per year.
RESPONSE: The applicants are requesting that the 6 month
lease restriction be waived. The applicants argue that the
location of the structure meets the criteria as outlined in
the proposed Land Use Regulations for the waiver of the 6
month minimum lease restriction.
The proposed section of the Code which covers the criteria
for waiver of the 6 month minimum lease restriction is as
follows:
7-1008
(2) Residential dwelling units in the Residential/Multi-
family (RMF) , Rural Residential (RR), Commercial Core
(CC), commercial (C-1), and Office (0) zone districts
shall be restricted to six (6) month minimum leases,
with no more than two (2) shorter tenancies per year,
unless the applicant shall demonstrate that:
2
........
......."
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
RESPONSE: The applicants have conducted extensive
research for the neighborhood with regard to occupancy.
This information is included in your packet. Out of 18
multi-family projects in the neighborhood over half of
the units are short termed. The immediate vicinity does
include a mixture of long term and short term rentals
as well as owner occupied units. However, it is
important to note that the projects which allow the
short term accommodations are all projects which were
created prior to the enactment of the 6 month minimum
lease restriction in 1977 or are located to the west of
Original street. The 6 month minimum lease restriction
was waived for 700 East Hyman, a similar residential
project, however, it is important to note that this is
a project in the Office Zone District and is located
West of Original street.
We believe that Original street should be considered a
dividing line between the downtown area and this mixed
long term residential neighborhood. The Council
recently made the determination on the Torpen condo
project, located at 1018 E. Hopkins, in the same
general neighborhood, that short terming would further
deteriorate the area as a long term residential area.
The Torpen condo project was denied the ability to
waive the 6 month minimum lease restriction. We suggest
that waiving the six month lease restriction for 820
and 822 may cause a "tipping" of this neighborhood
toward more short term use, which is undesirable,
given the many residences in the area.
b) The parcel is in close proximity to the downtown
area or to major tourist recreational facilities.
RESPONSE: The proposed townhomes are located within one
quarter block of the bus route, four blocks from the
gondola and three blocks from the Hyman Avenue mall. In
addition, the Aspen square, a short term project, is
located approximately 3 blocks away from the proposal.
c) The Aspen Area Comprehensive Plan designates the
subject neighborhood as appropriate for short-term
accommodations.
3
-
....",
RESPONSE: The 1973 Aspen Area Comprehensive Plan shows
that the area East of original Street is designated as
single family and mixed residential. Mixed residential
is defined as having a limited amount of professional
offices and tourist accommodations.
In addition to these three criteria, the City Council has
requested, through the Code revision process that we add an
additional criteria to this section of the Code. The additional
criteria is proposed to read as follows:
There were not previously long-term residents of the parcel
who were displaced by the proposed condominiumization.
The creation of one of the new duplexes and it's proposed
condominiumization does displace one long-term family residence
at 820 E. Hyman. 822 has been short-termed for a number of
years.
(c) CRITERIA: The applicant shall demonstrate that approval will
not reduce the supply of low and moderate income housing.
Such demonstration shall be made at the time of initial
consideration by the Planning and Zoning commission for
purposes for their recommendation to the City Council.
RESPONSE: The applicant has demonstrated that there will be
minimum displacement of employees through the verification
(affidavits have been submitted) that the units have been
used as long term residents by individuals who do not
qualify under the employee housing guidelines and as second
homes which have been short termed.
RECOMMENDED MOTION: The City Council grants
subdivision and condominium request with
conditions:
approval of the
the following
1) The applicant shall submit a statement of subdivision
exception which shall include the limitation that the units
shall be rented for periods of six months, with no more than
two shorter tenancies per year.
2) The applicants shall agree to join an improvements district
if one is formed for their area.
3) A plat shall be submitted pursuant to section 20-15 of the
Aspen municipal Code
4) Schematic floor plans shall be submitted which include the
following:
a. Individual Units
4
~
b. Common and limited elements
c. Elevations of floors and ceilings
d. Additional elements as required by the colorado state
statutes.
CITY MANAGER'S COMMENTS:
t-
-
....z::::~
~
~~
~
.~~
;eA-~
ch.ron
5
,.....
'-..
AUSTIN & JORDAN
Ronald D. Au~in
William R. Jordan III
Gray A. Young
Frederick F. Peirce
AUomey~ At Law
600 East Hopkins A venue
Suite 205
Aspen. Colorado 81611
March 15, 1988
Telephone (303) 925.2600
FAX (03) 9254720
Ted D. Gardenswal1Z
M E M 0 RAN DUM
TO:
City of Aspen Planning and Zoning Commission
Cindy Houben, Assistant Planner
FROM:
Ronald D. Austin, Esq.
APPLICANT:
PROJECT:
SUBJECT:
B.C.P.C. Corporation
822 EAST HYMAN TOWNHOMES
A. Impact on low and moderate income housing;
B. Requested waiver of six month lease requirement.
The applicant submits the following memorandum:
A. The current Aspen Code, in section 20-22(c), requires
that "the applicant shall demonstrate that approval will not
reduce the supply of low and moderate housing." We will address
the criteria in the order set forth in the Code. They are as
follows:
(1) Evidence that illustrates that there will be
minimal tenant displacement as a result of the conversion. As we
have represented in our land use application, the premises that
preexisted the duplex being constructed on this property was
occupied as a single-family residence by Jennie and Louis Popish
from 1961 to 1982 when they sold the property to James W.
Hammond, Jr., who utilized the residence as a vacation home. Mr.
Hammond then sold the property to Aspen Custom Builders who
short-term rented the property through the remainder of the
winter from December 15, 1986, through April of 1987. Thus,
there were no tenants to be displaced as contemplated by the
Code.
(2) Evidence that illustrates that tenants have not
been required to move involuntarily within the preceding
eighteen months prior to application, except in cases of lawful
displacement. For the reasons set forth above, this is not
applicable.
(3) Evidence that condominium units will be affordable
by persons of low or moderate income. The purchase price of the
property was $312,900 which was basically the cost of the two
lots involved. Thus, we submit, that this property would never
have been suitable for lower or moderate income persons. For
example, if you assume a $62,900 down payment and a mortgage of
$250,000 at 10% for thirty years, the monthly payments for the
loan would be $2,193.94 per month, Of course, $62,900 would be a
,..
AUSTIN & JORDAN
Attorney. At Law
Memorandum - Planning & Zoning Commission
March 15, 1988
Page 2
large down payment, but it simplifies this illustration. This
does not include taxes or insurance on the property as well as
utilities and other regular costs, Thus, the monthly payments
necessary to maintain the single family residence as it existed,
would be in a range of $2,400 to $2,600 per month or $28,800 to
$31,200 per year. This illustrates why property in Aspen in this
vicinity, so close to the downtown area, is not available for low
or moderate income housing. Thus, the condominium units
constructed on the site, of economic necessity, are not available
for low or moderate income persons.
(4) Evidence that the rental price of the condominium
units will not be substantially increased after
condominiumization. This does not really appear to apply to our
situation. As will be obvious from Section B below, the
applicant wishes to be able to short-term rent these units.
(5) Evidence that tenants who do not wish to exercise
their option or right of first refusal shall be provided with at
least 180 days after final counsel approval or when their unit is
sold to a third person, whichever date is later, in which to
relocate. This section does not apply since there are no
tenants.
(6) Evidence that the prospective purchaser is an
employer or a group of employers who intends to rent the units to
its employees. This section does not apply.
The provisions of Section 20-22 regarding evidence of
historical rental terms in excess of one month do not apply for
the reasons set forth above.
For the reasons set forth above, this project has absolutely
no impact whatsoever on employee housing or low or moderate
income housing.
B. With respect to the applicant's request for a waiver of
the six month lease restriction, it is important to take into
consideration the following:
It is worth noting that in the new code proposals, the
matters to be taken into account in considering this restriction
are (a) the immediate vicinity of the parcel proposed for
condominiumization is characterized predominately 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 town area or to major tourist
recreational facilities, and (c) the Aspen area comprehensive
plan designates the subject neighborhood as approximate for
,.....
~...
AUSTIN & JORDAN
Attorneys At Law
Memorandum - Planning & Zoning Commission
March 15, 1988
Page 3
short-term accommodations.
This project is located one-quarter block east of
Original Street and is surrounded by condominiums and commercial
buildings. One-quarter block away is the Aspen Athletic Building
and next to it are the 700 and 710-712 East Hyman Townhomes,
which have recently been constructed and which are similar in
nature to the units in this project, except they are
substantially larger. The 700 and 710-712 East Hyman Townhomes
have no six month rental restriction, since it was waived by the
City, based upon these criteria.
Within two to three blocks of this project are the
short-term condominium rental units that are listed on the
attachment to this memorandum and as are illustrated on the map
attached hereto as well. An informal survey of property managers
reveals that the immediate vicinity is predominately lodges and
condominiums, most of which are available for short-term rentals.
We have been able to determine at least 133 of 203 available
units are actually short-term rented. This is not presented as a
complete list since we were unable to locate the management of
some of the units. Nonetheless, it is obvious that this is a
tourist accommodation area rather than a long-term residential
area.
Further, these townhomes are located within one-quarter
block of the bus route on Original Street. It is only four
blocks to the gondola and within that distance, it is only three
blocks from the Hyman Avenue Mall. The Aspen Square, which is
one of the largest short-term condominium rental projects with
shops and restaurant space is also only three blocks away.
Thus, this project fits squarely within the exception
criteria of the new Code provisions and certainly complies with
any of the existing criteria utilized by the City in waiving the
six month rental restrictions for similarly situated projects.
Thank you for your consideration.
Sincerely,
RDA/mls
By
bcpc2/mls
P1)~I<;ni!)~JjJIU~~<;~~;.J;\n~
A,
B.
C,
D,
E,
F.
G,
H,
1.
J,
K,
0 L,
M,
N,
0,
P.
Q,
R,
X,
-'.....,
MAP INDEX - CONDOMINIUM SURVEY
CONDOMINIUMS/LODGES
CHATEAU ROARING FORK - 42 Available/41 Rented Short-Term
RIVERSIDE CONDOMINIUMS - 12 Avai1able/6 Rented Short-Term
MITTENDORF CONDOMINIUMS - 10 Avallable/2 Rented Short-Term
SILVER BELL CONDOMINIUMS - 12 Available/6 Rented Short-Term
ORIGINAL STREET CONDOS - 6 Avallable/2 Rented Short-Term
BUCKHORN LODGE - 29 (approx.) Available/29 Rented Short-Term
BELL MOUNTAIN LODGE - 16 Available/16 Rented Short-Term
CHATEAU BLANC - 15 Available/14 Rented Short-Term
CHATALET CONDOMINIUMS - Unable to Locate Management
700 EAST HYMAN TOWNHOMES - 6 Available/I Being Considered
EAST HOPKINS CONDOS - 6 Available/5 Rented Short-Term
GAVILON CONDOMINIUMS - 12 Available/2 Rented Short-Term
VALLEY APARTMENTS - Unable to Locate Management
QUEEN VICTORIA CONDOS - 13 Available/2 Rented Short-Term
MOUNTAIN RIVER MANOR - Unable to Locate Management
CENTENNIAL PARK - Unable to Locate Management
LARKSPUR - Unable to Locate Management
ORIGINAL CURVE CONDOS - 24 Avallab1e/7 Rented Short-Term
SUBJECT PROPERTY
TOTAL UNITS AVAILABLE PER SURVEY: 203
SHORT-TERM UNITS PER SURVEY: 133
TOURIST PACILITIES/RETAIL
*Less than one-half ~lock from A~pen Free Bus route.
1. ASPEN ATHLETIC CLUB - One-halt block walking distance trom
sUbject property.
2. CITY MARKET COMPLEX. INCLUDING RETAIL SHOPS AND RESTAURANTS
- One and one-halt blocks walking distance from subject
property.
3, ASPEN SQUARE CONDOMINIUM COMPLEX WITH RETAIL SHOP/RESTAURANT
AREA AT STREET LEVEL - Two and one-halt blocks walking
distance from subject property,
4. MEZZALUNA BUILDING RETAIL SHOP/RESTAURANT AREA - Two and
one-half to three blocks walking distance from subject
property. (Including Chateau Aspen Condominiums - All
short-term rented.)
PROPERTY MANAGEMENT PIRMS CONTACTED AS PART OF SURVEY:
Coates, Reid & Waldron
Stirling Homes. Inc.
Condomlnimum Management Inc.
Aspen-Property Managers
Charles McCartney Property Management
Dolomite Villa Property Management
Bell Mountain Lodge Management
Buckhorn Lodge Management
~~~:tr.!~~ti,n~:*~;~~~~~~~~
I: :
,
(PUO)
~~,
~
R-15
"'-.
":---.,.--
I-~~
"
I
,
I
,
I
I
,
,
,~ [
I IIDlJTTT1
: UJJ@LLW
!, [ITrrrm
----.;..
I
ITIWIlIo]
ommo~ITIJ
" I
z ,
~ rlll
f[I]
I
I
I
I
I
~~ E HVWAN I AVE.
" 1 nmm] : fTmTTTTl
! l-~j_:
I I "'lJII1 ' w
I .1. [ I--------'---i!l .. E. Cooper t;;
Il7"7ifytvr! ~'~ ·
:v~,~~ ~
: ; i ie lL' Wi i I ! ITI ITi1'lT Tl ! lllll
I '! I. ,LillmJJJ. lJ
\~~. -c---T-~------;ITIJ---l ITIJIDIIJE.~rant
, " I
Ii l' . '
fS.- : -"1]] :
I I I
. : I
'-"'''-, je ,I // \Co
- I /'\,1'"
'"'~~ ~~. .<)'/~.
! I' " "
-, I I"r-, .
J I '" " .-,.. / > !II
,p ""-,..' I j",' "
\ L"1.... ...>'} ,,' x' ,I.
I - I ,/", "
\ "'.' I>--D, ;:,." I ,~
'-_ I " I / Vl - /''',
--"" \ ""~~. (~.) '<'<, /'%
.....\ i / /~' '/'''V/
\,," I /... /'-. "'....."
~~~ ...__' -<..., 1./ ,vr(' '.
. l . W l'- ...
........ ,"', "
.....~.....I'... ,....- "-..:... . ". "
..... ~~ .., I "'",,- "- / '
,-,,-..-. , , I' . . ,/.,'v('
~.I "..../ ~/. /
]I1
.\" .I
._---~
','
_ ~r (CtCJ ~ ~ ') (c.-'~ I,' ----'=
. -iLrd-fl-v (j....g</J ~
~) fc It"r jJC6f~
/ ISSv~ ~ UJI~ P ~
~ v~ ~ JJ<- ~->{t-.
V (, (t tJ /r1J'r- h-' .
;\U~~. rt..,.J#>~
Cindy Houben, Planning Office U l-M .~~ fl.. J,.ve J-h
~~ tr-b~3"'~
820 & 822 E. Hyman Townhomes Condominiumizat'ion ~ ;;;;.(~).
w!t ""'I ~
DATE: March 22, 1988 5~% h~~<W-
~~ tfo'
============================================================
MEMORANDUM
TO:
Aspen Planning Commission
FROM:
RE:
APPLICANTS: Frank Ross and McCloskey Enterprises.
h d""" t" f J",fJd 1 rP d t t"
REQUEST: T e con omlnlumlza lon 0 jI up ex un er cons ruc lon,
located at 820 and 822 E. Hyman.
ZONING: The proposal is located in the"
_'district.
REFERRAL COMMENTS:
1) {Engineering Department: In a memorandum dated March 4, 1988,
the Engineering Department made the following comments:
1. A plat should be submitted pursuant to section 20-15 of
the City of Aspen Municipal Code.
2.
Along with this plat there
plans and cross sections.
following:
should be schematic floor
These should include the
a. Individual units;
b. Common and limited elements;
c. Elevations of floors and ceilings; and
d. Other elements as required in Colorado state
statutes.
DESCRIPTION OF THE PROPOSAL: There is currently under
~onstruction on this site two 4uplexes (4 unitt) with each unit
containing' 1800 sq. ft. The application meets the general
requirements of the Code and requests a waiver from the 6 month
minimum lease restriction pursuant to the proposed Code
regulation section 7-1008(2).
section 20-22 regarding Condominiumization addresses the
following criteria:
a) CRITERIA: Existing tenants shall be given written notice
when their unit is offered for sale, which notice shall
specify the sale price. Each tenant shall have a ninety-day
----
-
nonassignable option to purchase their unit at this
preliminary market value. In addition, each tenant shall
have a ninety-day exclusive nonassignable right of first
refusal to purchase their unit which shall commence when a
bond fide offer is made by a third person, and accepted by
the owner. In the event that such offer is made while the
ninety-day option is still in effect, the tenant may
purchase the unit for the amount of the initial sales price
or the amount of the bone fide offer, whichever is less.
RESPONSE: 820 had been a long-term residence for the Popish
and Hammond families since 1961 with the exception that it
was short termed from December of 1986 until April of 1987.
~ was a s..ingle family home which had been short termed
since 1982. Therefore, other than the long term residents
of 820, there were no individuals who should be offered the
first right of refusal to purchase. The applicants have
stated in their application that they will contact these
individuals, if necessary.
b) CRITERIA: All units shall be restricted to six (6) month
minimum leases with no more than two (2) shorter tenancies
per year.
RESPONSE: The applicants are requesting that the 6 month
lease restriction be waived. The applicants argue that the
location of the structure meets the criteria as outlined in
the proposed Land Use Regulations for the waiver of the 6
month minimum lease restriction.
The proposed section of the Code which covers the criteria
for waiver of the 6 month minimum lease restriction is as
follows:
7-1008
(2) Residential dwelling units in the Residential/Multi-
family (RMF), Rural Residential (RR), Commercial Core
(CC), commercial (C-1), and Office (0) zone districts
shall be restricted to six (6) month minimum leases,
with no more than two (2) shorter tenancies per year,
unless the applicant shall demonstrate that:
a) The immediate vicinity of the parcel proposed for
condominiumization is characterized 1;IrgdQIlJi n"nt~
by lodges or other units whlch 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
RESPONSE: The applicants have conducted extensive
research for the neighborhood with regard to occupancy.
2
ft-ry'C;U,,;; ':i:1 v V::7;iti;' f;7L N#-~.
{~t-fuj J~ --1> /kfit~iu (]?)~~~~ '
/~
~
)./-' I
t~I'~//~/--!
,;oJ/'- ffL-"6
~s /6 P
.A, v'"
Lj'"
'~
This information is included in your packet. Out of 18
mUlti-family projects in the neighborhood over half of
the units are short termed. The immediate vicinity does
include a mixture of long term and short term rentals
as well as owner occupied units. However, it i~
importan to note that the proj ects which allow the
sort term accommo' a proJects w 1C were
c-r~. prior to the enact:"'PTU;'_ of Lh... Ii "" 01 ,tJ. luil1.i.lllum
lease restriction in 1977 or are located '1-,., the TNP~t of
oriqinal'Sti:-eet::'- The6month minimum lease restriction
was waived for 700 East Hyman, a similar residential
project, however, it is important to note that this is
a project in the Office Zone District and is located
West of Original street.
We believe that Original street should be considered a
dividing line between the downtown area and this mixed
~ong term residential neighborhood. The Council
recently made the determination on the Torpen condo
project, located at 1018 E. Hopkins, in the same
general neighborhood, that short terming would further
deteriorate the area as a long term residential area.
The Torpen condo proj ect was denied the ability to
waive the 6 month minimum lease restriction. We suggest
that waiving the six month lease restriction for 820
and 822 may cause a "tipping" of this neighborhood
toward more short term use, which is undesirable,
given the many residences in the area.
b) The parcel is in close proximity to the downtown
area or to major tourist recreational facilities.
RESPONSE: The proposed townhomes are located within one
quarter block of the bus route, four blocks from the
gondola and three blocks from the Hyman Avenue mall. In
addition, the Aspen Square, a short term project, is
located approximately 3 blocks away from the proposal.
c) The Aspen Area Comprehensive Plan designates the
subject neighborhood as appropriate for short-term
accommodations.
,/ X RESPONSE: The 1973 Aspen Area Comprehensive Plan shows
~ ,0 \M that the area East of Original Street is designated as
\ )~v0 'Y 1~~r,.l'.Y ~ingle family and~_~ixed.E~s.iden~~_.__ Mixed residential
/.1.1 u-'l v,.oY\'., \- 1", aefined as hav1ng a '"lim~ted amouriE" of professional
11,' \I~' 15- r,?,z, ,i.<-'P offices, ~nd tqllri 1'1- "........,.,mmo ati~ns.
) ('jV,~ I~, \ ;'J 'f/'l,/~JlJ/i[fI\I'i-f~'~A\~ )}0. '{V;::,\"(7()''''J'
Y v' \ (cf CRITERIA: The'applicant shall demonstrate that approval will
not reduce the supply of low and moderate income housing.
Such demonstration shall be made at the time of initial
consideration by the Planning and Zoning commission for
3
--
purposes for their recommendation to the City Council.
RESPONSE: The applicant has demonstrated that there will be
minimum displacement of employees through the verification
(affidavits have been submitted) that the units have been
used as long term residents by individuals who do not
qualify under the employee housing guidelines and as second
homes which have been short termed.
j\I\JJ ~
ilm~ ~.:.dl
\))~' .
RECOMMENDATION: The Planning Office recommends
subdivision and condominium request with
conditions:
approvals of the
the following
The applicant shall submit a
exception which shall include the
shall be rented for periods of six
two shorter tenancies per year.
statement of subdivision
limitation that the units
months, with no more than
2) The applicants shall agree to join an improvements district
if one is formed for their area.
3) A plat shall be submitted pursuant to section 20-15 of the
Aspen municipal Code
4) Schematic floor plans shall be submitted which include the
following:
a.
Individual units
b.
Common and limited elements
('1-<"", ,,;Xe!';"~ . .
ElevatJ.ons -of -floors and ceJ.lJ.ngs
----7' c.
d.
Additional elements as required by the colorado state
statutes.
ch.ron
4
<r..'"
,
MEMORANDUM
TO:
Aspen Planning Commission
FROM:
Cindy Houben, Planning Office
RE:
820 & 822 E. Hyman Townhomes Condominiumization
DATE:
March 22, 1988
----------------------------------------------------------------
----------------------------------------------------------------
APPLICANTS: Frank Ross and McCloskey Enterprises.
REQUEST: The condominiumization of a duplex under construction,
located at 820 and 822 E. Hyman.
ZONING: The proposal is located in the RMF zone district.
REFERRAL COMMENTS:
1) Engineering Department: In a memorandum dated March 4, 1988,
the Engineering Department made the following comments:
1. A plat should be submitted pursuant to section 20-15 of
the city of Aspen Municipal Code.
2.
Along with this plat there
plans and cross sections.
following:
should be schematic floor
These should include the
a. Individual units;
b. Common and limited elements;
c. Elevations of floors and ceilings; and
d. Other elements as required in Colorado state
Statutes.
DESCRIPTION OF THE PROPOSAL: There is currently under
construction on this site two duplexes (4 units) with each unit
containing 1800 sq. ft. The application meets the general
requirements of the Code and requests a waiver from the 6 month
minimum lease restriction pursuant to the proposed Code
regulation section 7-1008(2).
section 20-22 regarding Condominiumization addresses the
following criteria:
a) CRITERIA: Existing tenants shall be given written notice
when their unit is offered for sale, which notice shall
specify the sale price. Each tenant shall have a ninety-day
,.~-
~"'
/
, "
nonassignable option to purchase their unit at this
preliminary market value. In addition, each tenant shall
have a ninety-day exclusive nonassignable right of first
refusal to purchase their unit which shall commence when a
bond fide offer is made by a third person, and accepted by
the owner. In the event that such offer is made while the
ninety-day option is still in effect, the tenant may
purchase the unit for the amount of the initial sales price
or the amount of the bone fide offer, whichever is less.
RESPONSE: 820 had been a long-term residence for the Popish
and Hammond families since 1961 with the exception that it
was short termed from December of 1986 until April of 1987.
822 was a single family home which had been short termed
since 1982. Therefore, other than the long term residents
of 820, there were no individuals who should be offered the
first right of refusal to purchase. The applicants have
stated in their application that they will contact these
individuals, if necessary.
b) CRITERIA: All units shall be restricted to six (6) month
minimum leases with no more than two (2) shorter tenancies
per year.
RESPONSE: The applicants are requesting that the 6 month
lease restriction be waived. The applicants argue that the
location of the structure meets the criteria as outlined in
the proposed Land Use Regulations for the waiver of the 6
month minimum lease restriction.
The proposed section of the Code which covers the criteria
for waiver of the 6 month minimum lease restriction is as
follows:
7-1008
(2) Residential dwelling units in the Residential/Multi-
family (RMF) , Rural Residential (RR), Commercial Core
(CC), Commercial (C-1) , and Office (0) zone districts
shall be restricted to six (6) month minimum leases,
with no more than two (2) shorter tenancies per year,
unless the applicant shall demonstrate that:
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
RESPONSE: The applicants have conducted extensive
research for the neighborhood with regard to occupancy.
2
,.....
" /
..., ,;
This information is included in your packet. Out of 18
multi-family projects in the neighborhood over half of
the units are short termed. The immediate vicinity does
include a mixture of long term and short term rentals
as well as owner occupied units. However, it is
important to note that the projects which allow the
short term accommodations are all projects which were
created prior to the enactment of the 6 month minimum
lease restriction in 1977 or are located to the west of
Original street. The 6 month minimum lease restriction
was waived for 700 East Hyman, a similar residential
project, however, it is important to note that this is
a project in the Office Zone District and is located
West of Original street.
We believe that Original street should be considered a
dividing line between the downtown area and this mixed
long term residential neighborhood. The Council
recently made the determination on the Torpen condo
project, located at 1018 E. Hopkins, in the same
general neighborhood, that short terming would further
deteriorate the area as a long term residential area.
The Torpen condo project was denied the ability to
waive the 6 month minimum lease restriction. We suggest
that waiving the six month lease restriction for 820
and 822 may cause a "tipping" of this neighborhood
toward more short term use, which is undesirable,
given the many residences in the area.
b) The parcel is in close proximity to the downtown
area or to major tourist recreational facilities.
RESPONSE: The proposed townhomes are located within one
quarter block of the bus route, four blocks from the
gondola and three blocks from the Hyman Avenue mall. In
addition, the Aspen Square, a sh.ort term project, is
located approximately 3 blocks away from the proposal.
c) The Aspen Area Comprehensive Plan designates the
subject neighborhood as appropriate for short-term
accommodations.
RESPONSE: The 1973 Aspen Area Comprehensive Plan shows
that the area East of Original Street is designated as
single family and mixed residential. Mixed residential
is defined as having a limited amount of professional
offices and tourist accommodations.
(c) CRITERIA: The applicant shall demonstrate that approval will
not reduce the supply of low and moderate income housing.
Such demonstration shall be made at the time of initial
consideration by the Planning and Zoning Commission for
3
"'""'
.,.^"
purposes for their recommendation to the City Council.
RESPONSE: The applicant has demonstrated that there will be
minimum displacement of employees through the verification
(affidavits have been submitted) that the units have been
used as long term residents by individuals who do not
qualify under the employee housing guidelines and as second
homes which have been short termed.
RECOMMENDATION: The Planning Office recommends
subdivision and condominium request with
conditions:
approvals of the
the following
1)
The applicant shall submit a
exception which shall include the
shall be rented for periods of six
two shorter tenancies per year.
statement of subdivision
limitation that the units
months, with no more than
2) The applicants shall agree to join an improvements district
if one is formed for their area.
3) A plat shall be submitted pursuant to section 20-15 of the
Aspen municipal Code
4) Schematic floor plans shall be submitted which include the
following:
a. Individual units
b. Common and limited elements
c. Elevations of floors and ceilings
d. Additional elements as required by the colorado state
statutes.
ch.ron
4
" '"
Mf4R 8
MEMORANDUM
TO: Cindy Houben, Planning Office
FROM: Jim Gibbard, Engineering Department ~
DATE: March 4, 1988
RE: 820 and 822 E. Hyman Townhomes Condominiumization
=======================================================
Having reviewed the above application and made a site inspection,
the Engineering Department has the following comments:
l. A plat should be submitted pursuant to section 20-lS of the
City of Aspen Municipal Code.
2. Along with this plat there should be schematic floor plans and
cross sections. These should include the following:
a. Individual units
b. Common and limited elements
c. Elevations of floors and ceilings
d. Other elements as required in Colorado State Statutes
3. If needed, a checklist for these requirements is available at
the Engineering Department.
jg/820hyman
cc: Jay Hammond
Chuck Roth
-
AUSTIN & JORDAN
Attorneys At Law
600 East Hopkins Avenue
Suite 205
Ronald D. Austin
William R. Jordan III
Gray A. Young
Frederick F. Peirce
Aspen, Colorado 81611
Telephone (303) 925.2600
FAX (303) 925-4720
March 15. 1988
Ted D. Gardenswartz
MEMORANDUM
TO:
City of Aspen Planning and Zoning Commission
Cindy Houben, Assistant Planner
FROM:
Ronald D. Austin, Esq.
APPLICANT:
PROJECT:
SUBJECT:
B.C.P.C. Corporation
822 EAST HYMAN TOWNHOMES
A. Impact on low and moderate income housing;
B. Requested waiver of six month lease requirement.
The applicant submits the following memorandum:
A. The current Aspen Code, in section 20-22(c), requires
that "the applicant shall demonstrate that approval will not
reduce the supply of low and moderate housing." We will address
the criteria in the order set forth in the Code. They are as
follows:
(1) Evidence that illustrates that there will be
minimal tenant displacement as a result of the conversion. As we
have represented in our land use application, the premises that
preexisted the duplex being constructed on this property was
occupied as a single-family residence by Jennie and Louis Popish
from 1961 to 1982 when they sold the property to James W.
Hammond, Jr., who utilized the residence as a vacation home. Mr.
Hammond then sold the property to Aspen Custom Builders who
short-term rented the property through the remainder of the
winter from December 15, 1986, through April of 1987. Thus,
there were no tenants to be displaced as contemplated by the
Code.
(2) Evidence that illustrates that tenants have not
been required to move involuntarily within the preceding
eighteen months prior to application, except in cases of lawful
displacement. For the reasons set forth above, this is not
applicable.
(3) Evidence that condominium units will be affordable
by persons of low or moderate income. The purchase price of the
property was $312,900 which was basically the cost of the two
lots involved. Thus, we submit, that this property would never
have been suitable for lower or moderate income persons. For
example, if you assume a $62.900 down payment and a mortgage of
$250,000 at 10% for thirty years, the monthly payments for the
loan would be $2,193.94 per month. Of course, $62,900 would be a
""
AUSTIN & JORDAN
Attorneys At Law
Memorandum - Planning & Zoning Commission
March 15, 1988
Page 2
large down payment, but it simplifies this illustration. This
does not include taxes or insurance on the property as well as
utilities and other regular costs. Thus, the monthly payments
necessary to maintain the single family residence as it existed,
would be in a range of $2,400 to $2,600 per month or $28,800 to
$31,200 per year. This illustrates why property in Aspen in this
vicinity, so close to the downtown area, is not available for low
or moderate income housing. Thus, the condominium units
constructed on the site, of economic necessity, are not available
for low or moderate income persons.
(4) Evidence that the rental price of the condominium
units will not be substantially increased after
condominiumization. This does not really appear to apply to our
situation. As will be obvious from Section B below, the
applicant wishes to be able to short-term rent these units.
(5) Evidence that tenants who do not wish to exercise
their option or right of first refusal shall be provided with at
least 180 days after final counsel approval or when their unit is
sold to a third person, whichever date is later, in which to
relocate. This section does not apply since there are no
tenants.
(6) Evidence that the prospective purchaser is an
employer or a group of employers who intends to rent the units to
its employees. This section does not apply.
The provisions of Section 20-22 regarding evidence of
historical rental terms in excess of one month do not apply for
the reasons set forth above.
For the reasons set forth above, this project has absolutely
no impact whatsoever on employee housing or low or moderate
income housing.
B. With respect to the applicant's request for a waiver of
the six month lease restriction, it is important to take into
consideration the fOllowing:
It is worth noting that in the new code proposals, the
matters to be taken into account in considering this restriction
are (a) the immediate vicinity of the parcel proposed for
condominiumization is characterized predominately 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 town area or to major tourist
recreational facilities, and (c) the Aspen area comprehensive
plan designates the subject neighborhood as approximate for
f '
........
;
AUSTIN & JORDAN
Attorneys At Law
Memorandum - Planning & Zoning Commission
March 15, 1988
Page 3
short-term accommodations.
This project is located one-quarter block east of
Original Street and is surrounded by condominiums and commercial
buildings. One-quarter block away is the Aspen Athletic Building
and next to it are the 700 and 710-712 East Hyman Townhomes,
which have recently been constructed and which are similar in
nature to the units in this project, except they are
substantially larger. The 700 and 710-712 East Hyman Townhomes
have no six month rental restriction, since it was waived by the
City, based upon these criteria.
Within two to three blocks of this project are the
short-term condominium rental units that are listed on the
attachment to this memorandum and as are illustrated on the map
attached hereto as well. An informal survey of property managers
reveals that the immediate vicinity is predominately lodges and
condominiums, most of which are available for short-term rentals.
We have been able to determine at least 133 of 203 available
units are actually short-term rented. This is not presented as a
complete list since we were unable to locate the management of
some of the units. Nonetheless, it is obvious that this is a
tourist accommodation area rather than a long-term residential
area.
Further, these townhomes are located within one-quarter
block of the bus route on Original Street. It is only four
blocks to the gondola and within that distance, it is only three
blocks from the Hyman Avenue Mall. The Aspen Square, which is
one of the largest short-term condominium rental projects with
shops and restaurant space is also only three blocks away.
Thus, this project fits squarely within the exception
criteria of the new Code provisions and certainly complies with
any of the existing criteria utilized by the City in waiving the
six month rental restrictions for similarly situated projects.
Thank you for your consideration.
Sincerely,
RDA/mls
By
bcpc2/mls
MAP INDEX - CONDOMINIUM SURVEY
CONDOMINIUMS/LODGES
A, CHATEAU ROARING FORK - 42 Available/41 Rented Short-Term
B. RIVERSIDE CONDOMINIUMS - 12 Available/6 Rented Short-Term
C. MITTENDORF CONDOMINIUMS - 10 Available/2 Rented Short-Term
D. SILVER BELL CONDOMINIUMS - 12 Available/6 Rented Short-Term
E. ORIGINAL STREET CONDOS - 6 Available/2 Rented Short-Term
F. BUCKHORN LODGE - 29 (approx.) Available/29 Rented Short-Term
G. BELL MOUNTAIN LODGE - 16 Available/16 Rented Short-Term
H. CHATEAU BLANC - 15 Available/14 Rented Short-Term
I. CHATALET CONDOMINIUMS - Unable to Locate Management
C:=.J. "'700 EAST HYMAN TOWNHOMES - 6 Available/1 Being Considered
~~:K~ EAST HOPKINS CONDOS - 6 Available/5 Rented Short-Term
L. GAVILON CONDOMINIUMS - 12 Available/2 Rented Short-Term
M. VALLEY APARTMENTS - Unable to Locate Management
N. QUEEN VICTORIA CONDOS - 13 Available/2 Rented Short-Term
O. MOUNTAIN RIVER MANOR - Unable to Locate Management
P. CENTENNIAL PARK - Unable to Locate Management
Q. LARKSPUR - Unable to Locate Management
R. ORIGINAL CURVE CONDOS - 24 Available/7 Rented Short-Term
X. SUBJECT PROPERTY
TOTAL UNITS AVAILABLE PER SURVEY: 203
SHORT-TERM UNITS PER SURVEY: 133
TOURIST PACILITIES/RETAIL
*Less than one-half block from Aspen Free Bus route.
1. ASPEN ATHLETIC CLUB - One-half block walking distance from
subject property.
2. CITY MARKET COMPLEX, INCLUDING RETAIL SHOPS AND RESTAURANTS
- One and one-half blocks walking distance from subject
property.
3. ASPEN SQUARE CONDOMINIUM COMPLEX WITH RETAIL SHOP/RESTAURANT
AREA AT STREET LEVEL - Two and one-half blocks walking
distance from subject property.
4, MEZZALUNA BUILDING RETAIL SHOP/RESTAURANT AREA - Two and
one-half to three blocks walking distance from subject
property. (Including Chateau Aspen Condominiums - All
short-term rented.)
PROPERTY MANAGEMENT FIRMS CONTACTED AS PART OF SURVEY:
Coates, Reid & Waldron
Stirling Homes, Inc.
Condominimum Management Inc.
Aspen-Property Managers
Charles McCartney Property Management
Dolomite Villa Property Management
Bell Mountain Lodge Management
Buckhorn Lodge Management
- ----,
"-
......,.. I
- " .)
~~,
~
R-15
, I
'1(1tyc: I
Sr I
~
I
R-6i
I
(PUO)
,-,
!"-.,
'"
..,
I
I
I
I
I
I
I
I
~ [
I
I
I
I
J
6aaE
UJ~'I T
ffilI
HOPKINS
~ 0IIlIIDJ
I
I
I
I
0:
w
>-
Z
OJ
::t
I
V1
"
"
''''-., ,
I
I I
Ip
I
I
I
...-_ I
-- I
':,.,1
.....
-
?~
~
,."
1:>
r-
I
I
I
I
I
I
I
I
r----I
I 7 a a E
I
I
I
I
I
I
AVE
I
I
I
I
J
I
I
I
l;;
~ E, HYMAN
(.';
AVE,
I
I
"
z
cr
0.. ____ _
'"
I
I
I
lIIIlill :
G I F
'E. Cooper
>-
'"
IV
~
1ll-1
, .' J
._---~~
"
[D
E. Durant,
ill_
.-
J
r,--~--------
..
-
:)
AUSTIN & JORDAN
Attorneys At Law
600 East Hopkins Avenue
Suite 205
Ronald D. Austin
William R. Jordan III
Gray A. Young
Frederick F. Peirce
Aspen. Colorado 81611
Telephone (303) 925-2600
FAX (303) 925-4720
March 15, 1988
Ted D. Gardenswartz
M E M 0 RAN 0 U M
TO:
City of Aspen Planning and Zoning Commission
Cindy Houben, Assistant Planner
FROM:
Ronald D. Austin, Esq.
APPLICANT:
PROJECT:
SUBJECT:
Frank D. Ross
820 EAST HYMAN TOWNHOMES
A. Impact on low and moderate income housing;
B. Requested waiver of six month lease requirement.
The applicant submits the following memorandum:
A. The current Aspen Code, in section 20-22(c), requires
that "the applicant shall demonstrate that approval will not
reduce the supply of low and moderate housing." We will address
the criteria in the order set forth in the Code. They are as
follows:
(1) Evidence that illustrates that there will be
minimal tenant displacement as a result of the conversion. As we
have represented in our land use application, the premises that
preexisted the duplex being constructed on this property was
never rented, and in fact was occupied as a single-family
residence by Joe and Barbara Popish from 1961 to 1986 when it was
then purchased by Frank D. Ross. Thus, there were no tenants to
be displaced as contemplated by the Code.
(2) Evidence that illustrates that tenants have not
been required to move involuntarily within the preceding
eighteen months prior to application, except in cases of lawful
displacement. For the reasons set forth above, this is not
applicable.
(3) Evidence that condominium units will be affordable
by persons of low or moderate income. The purchase price of the
property was $245,000 which was basically the cost of the two
lots involved. Thus, we submit, that this property would never
have been suitable for lower or moderate income persons. For
example, if you assume a $45,000 down payment and a mortgage of
$200,000 at 10% for thirty years, the monthly payments for the
loan would be $1,755.15 per month. Of course, $45,000.00 would
be a large downpayment, but it simplifies this illustration.
This does not include taxes or insurance on the property as well
as utilities and other regular costs. Thus, the monthly payments
necessary to maintain the single family residence as it existed,
~
\.,1
o
AUSTIN & JORDAN
Attorneys At Law
Memorandum - Planning << Zoning Commission
March 15, 1988
Page 2
would be in a range of $2,200 to $2,400 per month or $26,000 to
$29,000 per year. This illustrates why property in Aspen in this
vicinity, so close to the downtown area, is not available for low
or moderate income housing. Thus, the condominium units
constructed on the site, of economic necessity, are not available
for low or moderate income persons.
(4) Evidence that the rental price of the condominium
units will not be substantially increased after
condominiumization. This does not really appear to apply to our
situation. As will be obvious from Section B below, the
applicant wishes to be able to short-term rent these units.
(5) Evidence that tenants who do not wish to exercise
their option or right of first refusal shall be provided with at
least 180 days after final counsel approval or when their unit is
sold to a third person, whichever date is later, in which to
relocate. This section does not apply since there are no
tenants.
(6) Evidence that the prospective purchaser is an
employer or a group of employers who intends to rent the units to
its employees. This section does not apply.
The provisions of Section 20-22 regarding evidence of
historical rental terms in excess of one month do not apply for
the reasons set forth above.
For the reasons set forth above, this project has absolutely
no impact whatsoever on employee housing or low or moderate
income housing.
B. With respect to the applicant's request for a waiver of
the six month lease restriction, it is important to take into
consideration the following:
It is worth noting that in the new code proposals, the
matters to be taken into account in considering this restriction
are (a) the immediate vicinity of the parcel proposed for
condominiumization is characterized predominately 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 town area or to major tourist
recreational facilities, and (c) the Aspen area comprehensive
plan designates the subject neighborhood as approximate for
short-term accommodations.
This project is located one-quarter block east of
Original Street and is surrounded by condominiums and commercial
--
""'
....;
"
AUSTIN & JORDAN
Attorneys At Law
Memorandum - Planning & Zoning Commission
March 15, 1988
Page 3
buildings. One-quarter block away is the Aspen Athletic Building
and next to it are the 700 and 710-712 East Hyman Townhomes,
which have recently been constructed and which are similar in
nature to the units in this project, except they are
substantially larger. The 700 and 710-712 East Hyman Townhomes
have no six month rental restriction, since it was waived by the
City, based upon these criteria.
Within two to three blocks of this project are the
short-term condominium rental units that are listed on the
attachment to this memorandum and as are illustrated on the map
attached hereto as well. An informal survey of property managers
reveals that the immediate vicinity is predominately lodges and
condominiums, most of which are available for short-term rentals.
We have been able to determine at least 133 of 203 available
units are actually short-term rented. This is not presented as a
complete list since we were unable to locate the management of
some of the units. Nonetheless, it is obvious that this is a
tourist accommodation area rather than a long-term residential
area.
Further, these townhomes are located within one-quarter
block of the bus route on Original Street. It is only four
blocks to the gondola and within that distance, it is only three
blocks from the Hyman Avenue Mall. The Aspen Square, which is
one of the largest short-term condominium rental projects with
shops and restaurant space is also only three blocks away.
Thus, this project fits squarely within the exception
criteria of the new Code provisions and certainly complies with
any of the existing criteria utilized by the City in waiving the
six month rental restrictions for similarly situated projects.
Thank you for your consideration.
Sincerely,
RDA/mls
By
bcpc/mls
,
p"""",
.'/
MEMORANDUM
TO:
city Attorney
City Engineer
FROM:
Cindy M. Houben, Planning Office
820 & 822 E. Hyman Townhomes Condominiumization
RE:
DATE:
February 25, 1988
----------------------------------------------------------------
----------------------------------------------------------------
Attached for your review and comments is an application submitted
by Ron Austin on behalf of his client, Frank Ross, requesting
condominiumization of a two unit, two story frame duplex
containing two separate single-family residential units of 1,800
sq. ft. each. The property is located at Lots M and N, Block 31,
820 E. Hyman Avenue and is zoned RMF.
Please review this material and return your comments no later
than March 14, 1988 in order for this office to have adequate
time to prepare for its presentation before P&Z.
Thank you.
/
...... .,...... -...;.........., .. ........~-,...._.-......_.-.......,._-.,...__.~~....-
,
........,."-.
--
........
---
CASELOAD SUMMARY SHEET
City of Aspen
DATE RECEIVED: / /6/i'8' PARCEL ID AND CASE NO.
DATE COMPLETE: 2.::Rf~IV..Of'OD5 OJ!1~
12D ' STAF~ MEMBER: "~, .
PROJECT NAME: ~ K'Zl f.-. dJrKJ1Yl4HiiJJrl/LJ UoriJJYlitJfJi/JUpJinc
Project Address: 9- U
APPLICANT: 1fA1Jlt. RJJl1 E.' f, C . P [,. CAITfJ.
Applicant Address:
:::::~~:~~~~~==
PAID: @ NO AMOUNT: _f2: dO
1)
TYPE OF APPLICATION:
1 STEP: 2 STEP:
v
'?c/--
~ * -:t. C> _ wv.~A "*"
2) IF 1 STEP APPLICATION GOES TO:
P&Z
CC
3) PUBLIC HEARING IS BEFORE:
"
(
P&Z
cc
~-:J6- g r
W0
DATE REFERRED:
INITIALS:
<.[IJ.-C----
REFERRALS:
/CitY Attorney
vr City Engineer
Housing Dir.
Aspen Water
City Electric
Envir. Hlth.
Aspen Consolo
S.D.
Mtn. Bell
Parks Dept.
Holy Cross
Fire Marshall
Fire Chief
Roaring Fork
Transit
School District
Rocky Mtn Nat Gas
State Hwy Dept(GW)
State Hwy Dept(GJ)
Bldg:Zon/Inspect
Roaring Fork
Energy Center
Other
FINAL ROUTING:
DATE ROUTED:
INITIAL:
City Atty
city Engineer
Bldg. Dept.
Other:
FILE STATUS AND LOCATION:
'--.. ,.....<
A~EN/PITKIN PLANNING OFFICE ~.,.,
130 S. Galena Stceet
Aspen, Q) 81611
(3~)p 92~2020'f
Date: Jdl-.cJ:.J t/1J
Deac
This is to infocm you that the Planning Office has completed its
pceliminacy ceview of the captioned application. We have detecmined
that youc application IS lll@'I' complete.
Addi tional items cequiced include:
~.
Disclosuce of Ownecship (one copy only needed)
Adjacent Pcopecty Ownecs List/Envelopes/Postage (one copy)
Additional copies of entice application
Authocization by ownec foc cepcesentative to sutroit applica-
tion
Response to list of items (attached/below) demonstrating
compliance with the applicable policies and cegulations of the
Code, oc othec specific matecials
A check in the amount of $
You~ applicationDi~ complete and we hUA~ l\cjl>>duled it ~or
renew by the f...-:J. t;;;. on j.fJJfKf'Ji "L"== . We w111
call you if we need any additional information prior to that
date. Sevecal days pcior to youc heacing, we will call and
make available a copy of the memorandum. Please note that it
IS NOT youc responsibility to post youc property with a
sign, which we can provide you foc a $3.00 fee.
B. Youc application is incomplete, we have not scheduled it
ceview at this time. When we receive the materials we have
requested, we will place you on the per:t ilable agenda.
If you have any questions, please call 0 AI riL-_ '
the planner assigned to youc case.
ely,
N PLANNING OFFICE
#"'.'"
-'"'"
",,'~
,,.,
,0 'f#>ro
,,(.>
'r\:..V
t t. '6 ~. b \9~'O
MEMORANDUM
FROM:
City Attorney
city Engineer
Cindy M. Houben, Planning Office
TO:
RE:
820 & 822 E. Hyman Townhomes Condominiumization
DATE:
February 25, 1988
----------------------------------------------------------------
----------------------------------------------------------------
Attached for your review and comments is a ion submitted
by Ron Aust~n on behalf of his client, rank Ross requesting
condom1niumization of a two unit, t stor rame duplex
containing two separate single-family residential units of 1,800
sq. ft. each. The property is located at Lots M and N, Block 31,
820 E. Hyman Avenue and is zoned RMF.
Please review this material and return your comments no later
than March 14, 1988 in order for this office to have adequate
time to prepare for its presentation before P&Z.
Thank you.
~
f0D
OA~
,~ .;./Y
"), "L-
o
o
fiB3 2 2 l'
AUSTIN & JORDAN
Attorneys AI Law
600 East Hopkins Avenue
Suite 205
Ronald D. Austin
William R. Jordan III
Gray A. Young
Frederick F. Peirce
Aspen, Colorado 81611
February 22, 1988
Telephone (303) 925.2600
FAX (303) 925-4720
Ted D. Gardenswartz
Ms. Cindy Houben, Planner
Aspen/Pitkin Planning Office
HAND DELIVERED
Re: 820 and 822 EAST HYMAN TOWNHOMES
Dear Cindy:
Enclosed herewith are what I hope will be the completion of
the applications for the above-referenced projects. You will
note there is a statement from me with respect to the rental
history of the property, except that I have included an affidavit
from Frank D. Ross with respect to the short-terming of 822 East
Hyman.
As we discussed, if the application is now complete, please
put us on the March 14, 1988, agenda. As I indicated to you I
will be filing with you, well ahead of that date, a presentation
on the short-term rental restrictions.
Thank you for your courtesy and assistance in this matter.
Regards,
::"'~
Ronald D. Austin
RDA/mls
Enclosures
ADDENDUM TO LAND USE APPLICATION
APPLICANT: B.C.P.C. CORPORATION
NAME OF PROJECT: 822 EAST HYMAN TOWNHOMES
LAND USE PROPOSAL: Condominiumization of a duplex and waiver of
six month minimum lease restriction.
Cindy Houben on behalf of the Aspen/Pitkin Planning Office
has requested that the applicant provide a rental history for
eighteen months prior to the date of application pursuant to
Section 20-22(c) as well as providing for a right of first
refusal and/or option to purchase by prior tenants pursuant to
Section 20-22(a) of the City Code. Attached hereto is the
affidavit of Frank D. Ross with respect to the rental history of
the property from December 15, 1986, through that winter to April
of 1987. This was the only time period during which this
residence was short-term rented or otherwise rented. Prior to
December 15, 1986, the residence was the single-family residence
of Jennie Popish, Lewis Popish and then James W. Hammond, Jr.
During this period of time from August 9, 1961 to December 15,
1986, the residence was not rented.
Since the residence was not rented except for short term
periods of two to five days for a period of approximately three
and one-half months, we submit that the provisions for the right
of first refusal and/or option pursuant to Section 20-22(a) do
not apply. We believe that Cindy agrees with us. In the event
the City Council disagrees with us then approval can be
conditioned upon a waiver of these provisions by the sellers,
which we are assured can be obtained from James W. Hammond, Jr.,
the last owner.
AUSTIN & JORDAN
Bi:i:D4.~4fI:..
600 E. Hopkins Ave., #205
Aspen, CO 81611
(303) 925-2600
Attorneys for Applicant
822/mls
-,..."'.~
'.
/
AFFIDAVIT FOR LAND USE APPLICATION OF B.C.P.C. CORPORATION
822 EAST HYMAN TOWNHOMES
The undersigned, Frank D. Ross, being first sworn, upon his
oath states as follows:
1. On behalf of Aspen Custom Builders, Inc. I managed the
property at 822 East Hyman Avenue, Aspen, Colorado from December
15, 1986, through the winter of 1987. During that time, the
property was short-termed for $200 per night for periods of two
days to five days.
2. The residence was then demolished and the present
project construction commenced during 1987.
Frank D. Ross states that he has read the foregoing
affidavit and that the facts contained therein are true to the
be t of his knowledge and belief.
oJ<- D v
Frank D. Ross
STATE OF COLORADO )
)ss.
COUNTY OF PITKIN )
The foregoing was subscribed to before me this JL1- day of
February, 1988, by Frank Ross.
WITNESS my hand and official seal.
My Commission expires: ,~-J. \-~~ 11. -'. /: fi
"C ! Mf/Lf.~AP)31-
.."......* ~ 4l~.. Notary Pub lC
. ~~'t3yAR'r ~.
::: : ..0- 0 Or '.::
\ ~j..PUB\.,t ,'(>;
r...,'. ,,4:111
,. ...ee. .' tIII."f'!IIi .."
"','t' ....... t)". ..... liIwi--,
. 'I, ()~ "\J~.# ",IIf~'
""""" . ",.., .-.
",
ADDENDUM TO LAND USE APPLICATION
APPLICANT: FRANK D. ROSS
NAME OF PROJECT: 820 EAST HYMAN TOWNHOMES
LAND USE PROPOSAL: Condominiumization of a duplex and waiver of
six month minimum lease restriction.
Cindy Houben on behalf of the Aspen/Pitkin Planning Office
has requested a right of first refusal and/or option on behalf of
the tenants as provided in Section 20-22(a) of the City Code.
Since this property was never rented and the last persons
residing in the residence were the sellers of the property to the
applicant, we submit that Section 20-22(a) does not apply. We
believe that Cindy agrees with us. In the event City Council
disagrees with us then approval can be conditioned upon a waiver
of these provisions by the sellers, which we are assured can be
obtained.
By
Ronald D. Aus in, Esq.
600 E. Hopkins Ave., #205
Aspen, CO 81611
(303) 925-2600
Attorneys for Applicant
820/mls
.M 14
January 13, 1988
The Aspen/Pitkin County
Planning Office
130 South Galena Street
Aspen, CO 81611
ATTN: Cindy Houben
RE: 820 East Hyman Townhome Condominiums
Dear Cindy:
Pursuant to your request, please be advised that
the law firm of Austin & Jordan is authorized to represent
the undersigned in the submission of an application for
condominiumization and for all other matters before the City
of Aspen regarding the above-described real property.
Sincerely,
2h,JL ~
Frank D. Ross
FDR/VL02
JAN 14
January 13, 1988
The Aspen/Pitkin County
Planning Office
130 South Galena Street
Aspen, CO 81611
ATTN: Cindy Houben
RE: 822 East Hyman Townhome Condominiums
Dear Cindy:
Pursuant to your request, please be advised that
the law firm of Austin & Jordan is authorized to represent
the undersigned in the submission of an application for
condominiumization and for all other matters before the City
of Aspen regarding the above-described real property.
Sincerely,
By J
TDM/VL02
c
"'""
-....#
r--..
l~--"" '
I! '.,.\, .
-------~.
Attorneys At Law
600 East Hopkins Avenue
Suite 205
i: ,\' ,
.'
H \-"
\'11\ \:
UUI
i
..
5', '
- ,
AUSTIN & JORDAN
--.---....
Ronald D. Austin
William R. Jordan III
Gray A. Young
Frederick F. Peirce
Aspen. Colorado 81611
January 5, 1988
Telephone (303) 925-2600
FAX (303) 925-4720
Ted D. Gardenswartz
Ms. Cindy Houben, Planner
Aspen/Pitkin Planning Office
HAND DELIVERED
Re: B.C.P.C. Application and Frank D. Ross Application
Dear Cindy:
This firm represents the two above-referenced applicants. I
am having delivered to you today applications for both of the
projects, along with a survey and one fee check in the amount of
$760.00. If you find any problems with the applications after
reviewing them, please call Bill Jordan in my office. Otherwise,
if we could shoot for a mi.d-February agenda date, I would
appreciate it and I will submit you a memorandum, map, etc.
regarding the six month restriction matter at a later time.
Thank you for your courteous assistance and prompt
attention.
Regards,
AUSTIN & JORDAN
RDA/mls
By ,Pf!c1/J oj /blA1 f//h )
Rona d D. Austin ~
,....
......
ASPEN/PITKIN PLANNING OFFICE
130 S. Galena Stceet
Aspen, 00 81611
(303) 925-2020
Date: ClJr{, ~,Jqf8
d""
,""
~V\ ~1.\~
&;00 ~. fMr(r i-t 6 {. ~,/L, 205
~ n I Co '(/(0/ /
RE: ~2.0 \ '6-d-2.. ~\\4.......... CO....Q..~,...,"-_,v.i.o:..
.
(L,,,,-
Deac
This is to infocm you that the Planning Office has completed its
peeliminacy eeview of the captioned application. We have deteemined
that youe app1 ication IS NOT complete. '
Additional items eequieed include:
\
~
A.,
Disclosuee of Owneeship (one copy only needed)
Adjacent Peopeety Owners List/Envelopes/Postage (one copy)
Additional copies of entice application
Authorization by ownee$ foe eepeesentative to submit applica-
tion
Response to list of items tat.t.il.<:b'l9/belowl demonsteating
compliance with the applicable policies and eegulations of the
Code, oe other specific mateeials
A check in the amount of $
Youe application is compl:~te and we have scheduled it for
review by the on We will
call you if we need any additional information prior to that
date. Several days prior to your hearing, we will call and
make available a ClOpy ,of the memorandum., Please note that it
IS NOT your responsibility to post youe property with a
sign, which we can provide you for a $3.00 fee.
B. Your application is incomplete, we have not scheduled it
review at this time. when we receive the materials' we have
requested, we will place you on the next available agenda.
c.,~ ~~
,
If you have any questions, please call
the planner assigned to your case.
~oR.. 'i:1~, S\"'<<.._~ "...A.
,) ~\A' "'-''>-\olL-\ Y'<>R.-
S~\-Q" ')..o'~""L<"')
~... I\o(j\.., ~_.l.<., ..........L -\.. (\-..A....~
,
Sincerely,
ASPEN/PITKIN PLANNING OFFICE
......_ ~,......~ ",-"""U-, "'".......L~ ~ \.L.,-,\~ __
\'" """...Ck~ (>/1..,.... -\0 ,t..\L .\'- ~\.L'.\--.". .,.... t-'-<<-
f.....
C,., '\ ""^
~d~...\ ~.......\. ~~ f~ ~ ...:b
o~
...,,-",
CITY OF ASPEN
130.south galena-street
asp e n,;~ C Q lor a d oi: 81611
303-925-2020
LAND USE APPLICATION FORM
NAME Frank D. Ross
DATE SUBMITTED--1f5)88
$ 80 Referral Fee
FEES $.6.80 ,Planning Fee
(Combined Fee with B.C.P.C.
Application)
ADDRESS
1280 Ute Avenue. Aspen, CO 81611
PHONE
-D03) 920-3505
NA}!E OF PROJECT
820 EAST HYMAN TOWNHOMES
PRESENT ZONING
RMF
LOT SIZE
Lots M and N. Block 31 constitute 6,000 SF
LOCATION
820 East Hyman Avenue. Aspen. Colorado
(indicate street address, lot and block number. May require legal
description. A vicinity map is very useful.)
CURRENT BUILD-OUT
3,600 SF
sq, ft.
two units of 1,800 SF~ach units
PROPOSED BUILD-OUT
N/A
sq, ft.
N/A
units
DESCRIPTION OF EXISTING USES The applicant is constructing a two unit, two-story
frame duplex, containing two separate single-family residential units.
---.
The
improvements are currently under construction to be completed in early 1988.
DESCRIPTION OF LAND USE PROPOSAL The applicant requests approval of the condominiumization
-of the duplexes into two separate condominium units. The applicant also requests
th~t thp.re be no six month minimum lease restriction applicable to these units.
tJp lUHTP ~tt~C':hed a 1 etter outlining the reasons for this request.
TYPE OF APPLICATION
Subdivision Exception to Condominiumize new duplex.
-section lO-!':! (SUD<1J.vJ.sJ.on J;xcepLion)- --,
Section 20-22 (Condominiumization)
APPLICABLE CODE SECTION (S)
PLAT AMENDMENT REQUIRED
DATE PRE-APPLICATION CONFERENCE CO~WLETED
YES
12/18/87
XX
n_'..____ ,___NO
ATTACHMENTS: 1.
All applicants must supply Proof of Ownership in the form of a
title ins~rance commitment or statement from an attorney indicating
that he/she has researched the title and verifies thal the applicant
is the owner of the property (free of liens and eucu ,!nances.)
2, If the process requires a public hearing, a Property (",mer's List
must be supplied which gives all owners within 300 {cc,,'In al:r--
directions in some cases and adjacent owners in some l'<lses.
3, Number of copies required (by code and/or in pre-applic.ltion
conference. ) Five
4.
Plat by Registered Surveyor XX
SUBMITTED BY:
AUSTIN & JORDAN
Ye.
No
BY~~
Ron il n. At ~ "
ATTACHMENT TO LAND USE APPLICATION
January 5, 1988
820 EAST HYMAN TOWNHOMES
The applicant requests a waiver of the six month deed
restriction, Section 20-22(b), Aspen Municipal Code.
The applicant requests that City Council the six month
minimum lease restriction described in Section 20-22(b) of the
Aspen Municipal Code.
A single family residence was located on the property, and
was occupied by Joe and Barbara Popish as their residence
continuously since at least 1961. Although the property was not
short-termed, Joe Popish owned his own electrician business and
was not an employee under the concepts and guidelines for
employee housing in the City of Aspen.
The property is located in an area predominantly consisting
of short term projects, is in close proximity to the commercial
downtown area, the gondola on Ajax Mountain and lodges and
condominiums. Mr. Ross's purchase price for the property on
December 15, 1986, was $245,000 and so it does not qualify for
low or moderate income housing.
A detailed memorandum and map substantiating our position
will be submitted prior to the City Council Meeting.
PROOF OF OWNERSHIP
Attached hereto are copies of deeds dating back to August 4,
1961, wherein title is in Joe William Popish and Barbara J.
Popish. Joe William Popish and Barbara J. Popish then deeded the
property to Frank D. Ross by copy of the deed attached hereto on
December 10, 1986.
The undersigned has reviewed the real property records of
Pitkin County and the attached deeds and is of the opinion that
title rests in fee simple in Frank D. Ross, free of liens and
encumbrances except a construction loan deed of trust and other
customary encumbrances that do not affect the legal title to the
property.
AUSTIN & JORDAN
By ([;~4~
proofr/mls
,
-;t
",:.\~
~
~
~
..
! j
II
\ Ii
II
[I
II
'I
!i
I
1
J 'I
,
I ,
I
,
,
--,
......,., ,... ....,.......,.................. .".,....."'.,..Im.~.. .481
'. .... .. .:.:.fl..... ,-,.. ,',:\','. -: ',." ..
.~No. .........:.:.................._.. .... "'" ..,.. ..............~~....~
,~s.,;~t;~:;;.\,.c:y-,r
f.r:~'..\,,-..
.<".~,;>.:. .'-i'. ,'., . '=--=-='28.t'-19-7l
.~'~fJ.w...tlI6t. (~~;..,.,~,J;V.I~ , ' i
>1",", "t1()1l IftUIAlCtoPln ..w 1A.'UWlA J. , ' _II
""::"',%;c'1>OPIla,' .. A ' II
.Jtrm.:=&. ,I
I
'':,#;~'R UtlCwlqol Pf.~tn, UtI SlaIeolColorado. II" ~., PI.. I:!
' . v' . I.",", PRAIlJI :J) _. JOSS ,
';X,.>-"!:'A:~~if'iiA' .. .. '- "";:',':"':;.0-";.:::'-,:: I'
" ?~,~;J:~~'" II .520 '.~'DuJ~~~;= ~~~i1 II
j(w');~Jr ' 'c..a, oIl>J...i.'....... 01 Colorado. of the second ...~: : I
{"l:~',.E~'.;':i''\<~~'. ,,' -;\~;,',:, ,IJi f"" ; .'- .. : I
jf;!,f::i\, ",,' " I . 1'Ilat llIe ........;... 01 d1tl\nl pen, tor aaclin colllid.....Io. of .he .um 0' TEN !:
,", ' .,Cd other 70C>1'~4 ..1\1able con8ideration, _....~
;'~)~~i\I,;, .' ,.r;I ,..
'~.:..'~.';l..'::', ~. ~~.'!W,.~,I:t~:::-~'~Old~~=~I~~~,:,~: 1',:,1
!...'......,...............part y oftheaecondpon. hia
'\:~,if', "...,.. " .n. .,:1...."1. ,.... dllle....... ~,..'"r ....11II. or parc.I. 0' land. .i....... lyi.. and bein, in the
"~;,"i~"'i'fc ';~ 01 Pi tJcJ.1i....1!IIli of t'oIDrndo, 10 wit:
. r":{fit::: :t= n~,~::/'.~n~~~~~n~~ =~~te, a/lela
, ')\1',~~..,'t,.,
"'~'tol
:'-':"':\h~,'>, .
C,....".: EXCleption. lIn4 M.t.neral ....ervations as contained in Patent
:;.',bpea,'foItnaite nOO~e4"'rch 1, 1897 in Book 139 at Page 216
'liII:~tion 110. 60156.
119ht of ~y for 4itc~. or canals con.tructed by the au-
~rity of the United States, a. reserved in United States Patent
~r4e4 August 29, 1958 in look 185 as Page 69 as Reception No.
1068?4.
: STATE DOCUMENTARY FC~ I
i
i
I
l$
DECI5~
OJ~.5 r)
l
I:
'I
I,
11
'I
I'
ii
I;
1100 tooWII U _ .... DIIm....
I'
TOOETHEIl with all and .inau'" IIlo _itaMM. aacI ......._ thereto ........ or ia AJlywiw
apt1etUlinin.. aDd lhe rewnion anet ",'.I'IlonI.1'tIMia4tr and felUlftd......,entI........proftbIMrcol;.nd.U
the eslate, ri.hl, litle. ihlerctl. claim and demand .hellOfYef oft. laid pan 1.. of.1Ie fi,. pen.c;lMr i.. lI.
ef 1'4uih", or. In and to the .bo\,t barpined premilft. with IhI hemhtarnenll ud appurtnuca.
{
':;
.:~
I.'.....,'"
'.', -,
~'\'"
',.;1.
.i!:'
.;tfJl
iff-
<;':>> -",
JM.". r
, "''"t;:i'tJf'.fc'
"'~'
,,"';._~~,-!.j,;t;,'~~'.,("I\Iil"%'b_,';._:.,:h'<'l>;'.;_>';i ",
"
1m J25P:1Gf482
",1
,--'.
,
.~'i,':~;..j:)~.;:__~'_->:,/.:tf;~f._"~,~::."--.. '.' ~__ .", .-'
, ~"'""""''''L I J ,,*, rll,.... .-I.~' ._11Io
, "'...~ ................11Io.... _0_ oC 11Io lint '"'"
,::,~
;rM'.~l~t~'1t~:
<. (,~:.:,,;!!~;~:..)... I"'U . oClIIoooW,m Y ellIIo_fOIt.
::, ....' ,~'~I,lIIf.",,,,, If _1IIwflIIIJo.-. If Ie.... __ or..r
.' ....',tIIIi ,iii..""........ WAIUWI'UJfD PODVD HnIlD,
'+'i~,~;~'...J"'~iI~;"""...IInt'"""ye __ thei1loudB
'.'r:l!'i .....,.... ,.,.. ~':w.-., _'
~;~:t\;:i:~"...._~Io"'~;"" ..,rJ - /(k?'~~:GRALI
,,",";""[,- '! ",(';';!" ~iAM POPISH
<"":'''P"""~,~',f,''_,, :.,' __ ':'0<'..;:-- -,'!' .,
',,, "", ' '"... "--- [BULl
;i,~;;,jj,\.:~; . ~_.._ a ..o"',",~1
if~'" /V(l,ttt''!>tC.. . BARBARA J. PO~~
'if,' , "
',. .' rr.TII:".. -pZ:A,J11,)- .,t, ,
, (.,~~ ".' . 1_" 1 \. r.....lIIIo 10 <loroC J>t:c"""Kt'- . r7gC
It'.' .'" ,roa IfXLLIAM l'O'IlIII. U4 IARlIARA J. POPISH.
ifr-" ...... Pol t,(f'I" .It }(.f-~--~-. <:::
. ~~7/~
, 1
I
1
I
1
i
1
'):
<i.....\ '
.. J 1""'1 '"
Io~~~'~
"\; ....,
~
,.
.1
t
I
11'1'.",.."'."..
'''';'i
; ii
t~
;;;,.I/J"'/
l'......,. .
~ 1111 "
J [' I I
I I, 1rt I
II I
iHtlW I
~ I
I'
~
,
\
. ~.._.....
CITY OF ASPEN
130 sou t h, g a Ie n a.-s t r e e t
asp en,; CQ lor a d 6:: 81611
303-925 -2020
LAND USE APPLICATION FORM
N AJ-1E
B.C.P.C. Corporation, A Colorado corporation
DATE SUBMITTED_,_JJ5/88
$ 80 Referral Fee
FEES JL611QJ:'_l.oanning Fee
(Combined Fee with Frank D. Ross
Application)
ADDRESS
c/o McCloskey Enterprises, 730 E. Durant Ave., (P.O. Box 7846), Aspen, CO
B1612
PHONE
(303) 920-2112
NA.'\E OF PROJECT
822 EAST HYMAN TOWNHOMES
PRESENT ZONING
RMF
LOT SIZE
Lots 0 and P, Block 31 constitute 6,000 SF
LOCATIO:-l
822 East Hyman Avenue,
(indicate street address,
description, A vicinity
Aspen, Colorado
lot and block number.
map is very useful.)
May require legal
CURRENT BUILD-OUT
1,hOO SF
sq. ft. Two Units of 1,800 SF ,~a.~units
PROPOSED BUILD-OUT
N/A
sq, ft.
N/A
un its
DESCRIPTION OF EXISTING USES
The applicant is constructing a two unit, two-story
frame duplex, containing two sepa:ate --.:'.ingle-family residential un~:~'_,_,_:he _____,_.
imorovements are currently under construction to be completed in early 1988.
DESCRIPTIO:-l OF LAND USE PROPOSAL
The applicant requests approval of the_,
f'r"Inrlr"lm;n;lIm;7...::Ition of the dunlexes into two separate condominium units. The
applicant also requests that there be no six month minimum lease restriction applicable
to these units. We have attached a letter outlining the reasons for this request.
TYPE OF APPLICATION
Subdivision Exception to Condominiumize new duplex.
Section 20-29 (Subdivision Exception)
Sprtion 2ll=22 CCondominiumization)
APPLICABLE CODE SECTION (S)
PLAT AHENDMENT REQUIRED
DATE PRE-APPLICATION CONFERENCE CO~~LETED
YES
12/18/87
XX
___,_ ,__NO
ATTACHMENTS: 1.
All applicants must supply Proof of Ownership in the form of a
title. insurance commitment or statement from an attorney indicating
that he/she has researched the title and verifies that the applicant
is the owner of the property (free of liens and 'eucu",hrances,)
2. If the process requires a public hearing, a Property (J',mer's List
must be supplied which gives all owners within 300 fe(:t-'i~ al~
directions in some cases and adjacent owners in some ca~es.
3, Number of copies required (by code and/or in pre-applic~tion
conference.) Five
4,
Plat by Registered Surveyor XX Ye.
SUBMITTED BY:
AUSTIN & JORDAN
No
By(k;[J~
ATTACHMENT TO LAND USE APPLICATION
January 5, 1988
822 EAST HYMAN TOWNHOMES
The applicant requests a waiver of the six month deed
restriction, Section 20-22(b), Aspen Municipal Code.
The applicant requests that City Council waive the six month
minimum lease restriction described in Section 20-22(b) of the
Aspen Municipal Code.
This property, which consisted of a single-family residence,
has been short term rented since 1982 until such time as it was
demolished prior to construction of the present duplex.
The property is located in an area predominantly consisting
of short-term projects, is in close proximity to the commercial
downtown area, the gondola on Ajax Mountain and lodges and
condominiums. The applicant's purchase price for the property
on October 6, 1987, was $312,900 and so it does not qualify for
low or moderate income housing.
A detailed memorandum and map substantiating our position
will be submitted prior to the City Council Meeting.
PROOF OF OWNERSHIP
Attached hereto are copies of deeds dating back to August 9,
1961, wherein title is in Jennie Popish. Jennie Popish then
deeded the property to Louis Popish by copy of the deed attached
hereto on June 1, 1981. Louis Popish then deeded the property to
James W. Hammond, Jr. on September 7, 1982, and James W. Hammond,
Jr. deeded the property to Aspen Custom Builders, Inc. on
December 15, 1986. Aspen Custom Builders, Inc. then deeded the
property to B.C.P.C. Corporation on October 6, 1987.
The undersigned has reviewed the real property records of
Pitkin County and the attached deeds and is of the opinion that
title rests in fee simple in B.C.P.C. Corporation, a Colorado
corporation, free of liens and encumbrances except a construction
loan deed of trust and other customary encumbrances that do not
affect the legal title to the property.
AUSTIN & JORDAN
~
By @t4t
Ron Id D~
proof/mls
v,
..f"_,<'
',,:>t.\i
,
"-
, ~. "
"
,
i
,!
. I
\. I
~I
~ I
.
,
E
I
<I
q
, 1981
__.,.:}~. . P v. June 15, ,~_
' 2334~ Loretta BAnner. ,~
....- -'. -.. . --- IliA..
JENNIE POPISH
"'~ 4WJ "
..... od4rw II
822 Ea.t Hyman Avenue, Aspen,
Ooaali7ol
~!.',Tt ~DCUIKlTlIY f[[
Pitkin
. I1l4 lItate 01
Co1..,rado
JUN 1 5 1981
-0
~_........._,
, tor &M _...~-.. 01
dollan, Ia ..... paid, benb7 11II(.) I1l4 _,.,,(.) to
LOUIS POPISH
.......IoI'aI_.. P. O. Box 732, Aspen,
Ooaaty .1
Pitkin
. IIl4 lItate 01 Co1"rado
th, 1oUo'lriDa' roaI pl'oPOI17 iu the
OoaalToI
Pitkin
. and St&te of Colorado, to wit; ':
:1
:1
Ii
"
,
"
Lots U snd P, Block 31, East Aspen Addition
atlOlmown.. otreot and number
lrith 011111 Ippurte__ IIl4 -1(1) th, tltle lpiut all penoll.l cl,imiolr undor (me) (UI),
e%cept taxes tor 1981 and .ub.equent years and e%cept reserva-
tion.. re.triction. and encumbranc.. of record.
81roedloddoliverodthia /qdqol rH<. .1981 ,
10 tho p....." at
'~..M~,
'........,....................,......,....,..,., ....,..,..~,1l.1.0~....LJ ,
;pnnie Popish ", ",' " .. ': i
" ~~~tf~~..../..\}n/1jll..u.('I,
.. , ,~. I
, ""',K,. ,
....., \;../~"'"l,'l..ALI III
". '~""" .. v I,., ,
"
STATE OF COLORADO.
CouolTot
}-
.''''
Thol frllecoinr illltrument wu aobowledctcl Won me t..IliI
,/., ,...
da7 01 '_.. .....'--.
I
1981
. hy Jennie Pnpish
I:
. 19J'.\o ,Wl~ lIlT lwuIlDd .llleW _I. Ii
.......~;:;..'.r.....A~,. . <ciL.t. Z;;;-.:: .....~. r~" !'
My tommia;ion ..pi rea "7' / - ,~. 5
""f",1 ""~~''''n ;'lI:rll.-I\..."..~.. k_"__'T>
.
,
l
, -..~'-.".I.,,..~
(1~,.~~,;
.t'- ,-
, -.....
..,
I
I
I
II
I,
I
II
,
,
I
i
...'
..J.
I'
a-
n;
1=
ci
z
Z <J
lU ....
~~;
<~':J
....1:...
I g~;$
I u J'~
I,. ~~
'I
~
ry
.
'.
r
\
I
,
MC"orQt'Q .\
Rl'l'f'ptiol" '10
IICIUl".
M,
Jt('('ord~r
Louis Popish
whol(" oddres.!l j.; P.O. Box 732, Aspen
" I~ 43~ 31,;
Count~ uI
Pitkin
-,
. StOlle of
Co lorado . (or the l:on~ldt"rotion of Ten
lDllanl ($10) an:! other good an:! valuaJ:.le cxmsi&?ration
~. in hand paid. hl'rt.'hy sf-Ills) .md com'('y(s) In
James W. Hammond, Jr.
whose lfOgol arldreSli IS 16800 Dallas Parkway. Oal LIS Texas
75248
County o(
, and St1l1f' of
lll{' folln.....inl: ({'AI propt~rty In the
Cuuntyof
Pitkill
,:,"d Stall' uf Culoradu. to WIt
Lots 0 and P, Block 31, East Aspen Addition
and
Lots 0 and P, Block 110, City and Townsite of Aspen
County of Pitkin
State of Colorado
.
STAlE DOCUMENTm FEE c:.-? ~
"'1 '.
~ ;>-;r- '0
- ~ ' ...
~t:Y 71982 -.. - " .:"
" "
s~=, w - .
r
'"
~ 1;-.,
'-':..;;, ~
on
~
i
~
alloknowna..treetandnumber 822 East Hyman Avenue, Aspen, Colorado 81611
I.
r~
with an 1\1 appurtenances, and warrantts) the title to the ume, subject to any LIlpaid taxes
and assessnents and any an:! all tax sales which have not been prc.per 1 y recleem>d
and cancelled: all ore, minerals and mineral bearing rock ent>raced within the
subject property as conveyed an:! described in I:eeds recor&?d in Book 93 at Ii
paqe 144 an:! 148 of the records of the Clerk and Recorder of Pitkin County, II
COlorado
S.gnod thiS
7tr
d.y 01 September ,19 82,
-~. ,.---, /
'toil1~P;;~is~/" '1
STATE OF COLORADO,
County of P / Tl: /-v'
}u
The fOfl'!-toing instrument Will IcknowledgM befor. me thi.
day of September . laJ2 > by Louis Popish.
7th
<,/
,.
.
10'-:1 comm,,,ion explrel Ifv.,,,,t- /1 /f if
" '\.' 'Wttbtl6li my hand "od orrtciallieal. / "-
.:..' ,,',o~r,,,;":, ~1t
I...
(--'rif' fftc.t::~-. __ I!
Nota,., P\abIk .
Mdr"s", -::?:,-<-'C rl}.UfIt'Ift/
1(9"'r~,/ (. _Y~-"L__
"
~,.: \\.r.fI.Hd~ Urf't:.--'hurt turm I"."...".,...,....."." ""'" :....".... ."...',. .'" :"....10
~ .,
',>
~
~;
.~:
.._fit
.~~~~.^". ',i.~.~'~"
rJl' ~""{O
- - 11
h' :\1
- .~. .:(
P -:,
.... Ii
....
r
.
.
a
II
lUll
STATE DOCUMENT/,n
r--'
lEISE
. .50
#
,'J;'
"oil. . ,
_01 ~. V",..
c..'" IlIUM
)-
Jl!!.!!!pIoI_ _' 1 l\. r _. It. '~'" llI11Ia
__ /fll' ..'" 0. r .11".., .-- W. {I. o1lr.
._fIt
j
">/If
I
-"U.I'
'Sa....
'lJ ,nlkrnu. In..." '"1:',1\ ~n.l.
, 1L-1;
,.
~:
'/~
,
,
<
t
f
ii
~
'I
;1
..
;,
:i
:\
i
..
i
,
ti,,",,;1
< ,-~
-"''lI
;,;\~.:
\.;:~,.
,I
" :'_~4:
,
,
(
'~
!~ll"."..,;._,_}I~~
':"(.i .'.' ;' .'.' -:'~"i{:" -,'" '.'
>. 525_435
'CBII!RAL n.. OUD
and payab1el~ 1981.
.,1011 of the aub,eot proparty In any
'."atar eonear"anoy, flra protactlon,
,. r. otbar "htrlct or lncludon 1n any
'at l.prova.ant araa, or othar epaclal
.. contalnad in Book IB5 at
., .inara1 bearin9 rock a.braea" within
, a., convay." and ".serlb.., in D....,s
,,>~".Ii.t .ag. 144 an" ,a9a 14B.
It~~ii~119ations an" provisions of !neroach-
"",,'i1,,"~" ..l\t';).;I~t forth in instru.ant ncordad In Book
U,t...,.,.',. \43~,'.at,',; ,'...., ':.;','~"i. >.'.I.Tt.
l ,:;,.,.~",.' .' .'.' _th~~'?t~-,i__:-"_ -:' '{"i~"'
, ," Itnoro.lttit'~Ua" .hown on Survey by J.... R....., Alpin..
..:!aurv.yjf;;,iJ~.b,.o.I2-15) en" a" shown.. hhlbit A of
\llIatrd~~~oor4e4 in Book 432 at 'aqe 311.
~.. .',
- ~'"::,;,
/'\~ "
',!,',
. 'Ol.
:~h DOCUIIIJW' ARI a.c:oaDID III TRII RlICORDS or PITUN COUNTY,
;' jCOf.oaACO.,
~i}::';;,; ',-j
',' I'; ,.
".~t,,'V;!"
;: ','
'~:~~"-)F
'".' i',~,'
".; .. '-~Tfi;~~{:;:r '
~tHIl)
~ l-il "~-"'",,-..,.--~-" ,,.Ijr-'tf~
, :..
:"'
.,{to
"";/":"
t;
;;
.
~.
:~
;,
,
;..:
i
i
I ~I
, .
..
~
~
!
"
"
t"
1Ii!t
I"'J:"
~,,'
"'.1;1;""
'. Ill'
~*
"-'."'"
jti~'""
':'.''''.-
"/ ~:..4..
,>
.
"
]),F' !r, 'iJ.'1
8001,.::547 PAGE 701
Recorded at
Reception No.
II When Recorded Return to:
o'clock .m.
Recorder
". \?-
c
;z:: ,~
:?: (.) (J
.S t'J f--
'" c.::
I
STATE DOCUMENTARY FEE
I
j I
OCT 6 1981
3 /. ,:) 9
"
"-
~, :- 0.: -.
.... : - 1'..J :;}
.' .1 a::: .
GENERAL WARRANTY DEED
$
l"-
v WI'.,
,.-
....~
d ':'
ASPEN CUSTOM BUILDERS, INC., for Ten Dollars ($10.00)
and other good and valuable considerations, in hand paid, hereby
sells and conveys to B.C.P.C. CORPORATION, a Colorado
Corporation whose address is P.O. BOX 7846 ASPEN, CO, 81612
r,
~
'-
,
all of its interest in the following real property in the County
of Pitkin, State of Colorado described as follows:
Lots 0 and P, Block 31, East Aspen Addition and
Lots 0 and P, Block 110, City and Townsite of Aspen
together with all its appurtenances and warrants title to the
same, SUBJECT TO AND EXCEPTING: General taxes for 1987 payable
January 1, 1988, and any tax, special assessment, charge or lien
imposed for water or sewer service, or for any other special
taxing district; reservations and exceptions as contained in
United States Patent recorded August 29, 1958 in Book 185 at Page
69 as follows: right of way for ditches or canals constructed by
the authority of the United States; all ore, minerals and mineral
bearing rock embraced within the subject property as conveyed and
described in Deeds recorded in Book 93 at Page 144 and 148; and
terms and conditions of Encroachment Agreement recorded September
7, 1982 in Book 432 at Page 371.
Signed this ~ day of
October
, 1987.
ASPEN CUSTOM
By:
INC.
STATE OF COLORADO)
)ss
COUNTY OF PITKIN )
The foregoing instrument was acknowledged before me
this 6th day of October , 1987 by FRANK D. ROSS
as President of ASPEN CUSTOM BUILDERS, INC.
WITNESS my hand and official sea
My commission expires:
Vincent J, HlgentlNolary Public
My Commloelon ..pIres 12/28190,
601 E, HopIdnt
_" -,..,._"Aapen, Colorado 81611
. '-
'C~~~~' ,
, ...~~'
J. "
~ . "'),
~ ' " '/'r,'
'.-., ./ -""' /
".'---/ /
,
/
",/
---.----
'.
"
~ ." .
- ::;
"" N
czr.. ir",
n;:: c.o
(.J) "'<
...- W
.:i: "<~
,.0
,.,"- en
~ n~
~'" <::)
- 0
- '"
- .. '-J
II:: ==
.....
N .. .
II:: ::c
0 <.1;" ....
........0
>IJ] 0:>
N ..0(-= 0
'"
:!:'~ =
>2
0 =0 <..t:)
w'z
("") ii :0:
I"- ::>
Z --,
OOOK 566 PAliE666
STATEMENT OF EXCEPTION FROM THE FULL
SUBDIVISION PROCESS FOR THE PURPOSE
OF CONOOMINIUMIZATION FOR
820 E. HYMAN TOWNHOME CONDOMINIUMS
WHEREAS, FRANK D. ROSS (hereinafter "Applicant") is
the owner of a parcel of real property in the City of Aspen,
Pitkin County, Colorado, described as follows:
LOTS M and N, BLOCK 31, EAST ASPEN ADDITION and
LOTS M and N, BLOCK 110, CITY AND TOWNSITE OF
ASPEN.
WHEREAS, the foregoing described real property
contains an approved duplex unit; and
WHEREAS, Applicant has requested an exception from
the full subdivision process for the purpose of condomin-
iumizing the existing duplex on the subject property to be
known as the 820 E. Hyman Townhome Condominiums; and
WHEREAS, the City Council determined at its regular
meeting held Monday, April 11, 1988, that such exception was
appropriate and granted the same, subject however, to certain
conditions as set forth below:
NOW, THEREFORE, the City Council of Aspen,
Colorado, does hereby determine that the application for
exception from the full subdivision process for the purpose
of condominiumization of the above-described property is
proper and hereby grants an exception from the full
subdivision process for such condominiumization.
PROVIDED, HOWEVER, that the foregoing exception is
expressly conditioned upon (1) the Applicant's recording with
the pitkin County Clerk and Recorder, contemporaneously
herewith, that certain "Declaration of Covenants, Restric-
tions, and Conditions for 820 E. Hyman Townhome Condominiums"
dated Monday, April 11, 1988, (2) the Applicant's strict
compliance with the provisions contained herein and all
representations set forth in the application submitted and
binding conditions of approval on this matter set by the
Planning and Zoning Commission and/or the City Council, for
itself, its successors and assigns, and (3) the plat
depicting 820 E. Hyman Townhome Condominiums be approved by
the Planning Office and filed with the Pitkin County Clerk
and Recorder's office prior to the sale of any unit.
Dated this 6~day of 9~ , 1988.
--'i'~'-;;(flL
W'illiam L. Stirling, 'ayor
BOOIt 566 m1iE667
APPROVED:
~ -----)
--l_____-e \ ____
Paul J. Tad~uhe, City Attorney
I, Kathryn S. Koch, do certify that the foregoing
Statement of Exception from the Full Subdivision Process for
the Purposes of Condominiumization for 820 E. Hyman Townhome
Condominiums was considered and approved by the Aspen City
Council at its regular meeting held Monday, April 11, 1988 at
which time the Mayor was authorized to execute the same on
behalf of the City of Aspen.
'-" (
,'\ ",' .'". '."
"",\ ............","" ".
...., .....".... "',
/.b:A-~ Jtl4 U-
Kathryn . Koch, C1ty Clerk
, ,
,;'SBAL'j
.... ~Cl'ss/Fp47 st
. .
o
(' ;":" .." _...~,
"l. ~1 A i. '.J -.
-2-
., .
....
... .
., :z::
~,~ -=
>U) co
:-= (:)
~.~ ~CLARATION OF COVENANTS, RESTRICTIONS AND
>~CONDITIONS FOR 820 E. HYMAN TOWN HOME CONDOMINIUMS
;...Ju:
C) ;;;':0= ~
M --
i F~K D. ROSS ("Covenantor"), for himself, his
successors, personal representatives and assigns, in
consideration of the granting of an exception from the full
subdivision process for the purpose of condominiumization of
the following-described property, hereby covenants with the
City of Aspen, Pitkin County, Colorado, to restrict such
property, and hereby does restrict such property, as follows:
(")
BOOK 566 PAGE668
C)
N
1. Covenantor is the owner of the following
described property (the "Property") together with the
improvements thereon situated in the City of Aspen, County of
Pitkin, State of Colorado:
LOTS M and N, BLOCK 31, EAST ASPEN ADDITION and
LOTS M and N, BLOCK 110, CITY AND TOWNSITE OF
ASPEN.
Hereafter, Unit A and Unit B, 820 E. Hyman Townhome
Condominiums.
2. The existing two units comprising the 820 E.
Hyman Townhome Condominiums, when the same are offered for
rental, shall be and are hereby restricted to six (6) month
minimum leases with no more than two (2) shorter tenancies
per calendar year, all as defined in the Aspen Municipal
Code, as amended; and, further, when both units are offered
for sale, they shall be and are hereby subject to the
requirements of Sections 20-22(a), Aspen Municipal Code, as
amended.
3. In the event that any municipal improvement or
improvements 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 820 E.
Hyman Townhome Condominiums, Covenantor will make no
objection to any special assessment 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 improvement or improvements proposed. Covenantor further
agrees to join, upon the City's demand therefor, any
improvement district formed for construction of such
improvements (including, without limitation, drainage,
underground utili ties, paving, curbs, gutters, sidewalks,
street lights, etc.) in the area of the 820 E. Hyman Townhome
Condominiums.
4. The covenants herein may be changed, modified
or amended by the recording of a written instrument signed by
_ 566 f'AliE669
the record owners of the Property and the Mayor of the City
of Aspen pursuant to a vote taken by the City Council.
5. The covenants herein contained shall run with
the land and shall be binding upon all parties having any
right, title or interest in the Property or any part thereof,
and their heirs, representatives, successors and assigns, for
the period of the life of the longest-lived member of the
presently-constituted Aspen City Council plus twenty-one (21)
years, or for a period of fifty (50) years from the date
these covenants are recorded, whichever is less.
6. None of the covenants contained herein shall
be released or waived in any respect during the period they
are binding without the prior consent of the City of Aspen
reflected by resolution of the City Council of the City of
Aspen.
7. In any legal proceeding to enforce the provi-
sions of these covenants, restrictions and conditions, the
prevailing party shall be entitled to recover its costs and
fees therein, including its reasonable attorney fees and
expert witness fees.
IN WITNESS WHEREOF,
,('
executed this ~7 day of
this Declaration
/vt n-y
has been duly
, 1988.
STATE OF 0xom:ldo
COUNTY OF Plr;:::Af
)
) ss.
)
SUBSCRIBED
thiscA.t)d, day of
AND SWORN
/h;C} Y
r
to before me by Frank D. Ross
, 1988.
WITNESS my hand and official seal.
d:~:'\'\'~:~~'J~i:,:. My
: \\"1",,.-
.: -<>-",'>.,
, I)
'.,' Uf1\\c'
.\ . LJ ~ . i
'..~R!Jss~J.FP4 / st
. n.;.:~~\~o~.'.
commission expires: v2,9-9 J ~
,J!&~tf ~
Notary Public
-2-
:I
-
o
("")
c::
l!.I
m
~.
",e
-r:;>
:>LiJ
.0;.,.:
..
.>-
_r
>%
-'0
;Qz
;;;
l-
i:
2
'"
.....
en
BOOK 566 PAGE635
co
en
STATEMENT OF EXCEPTION FROM THE FULL
SUBDIVISION PROCESS FOR THE PURPOSE
OF CONDOMINIUMIZATION FOR
822 E. HYMAN TOWNHOME CONDOMINIUMS
l..O
-
::E
:::>
->
WHEREAS, B.C.P.C. CORPORATION, a Colorado
corporation (hereinafter "Applicant") is the owner of a
parcel of real property in the City of Aspen, Pitkin County,
Colorado, described as follows:
LOTS 0 and P, BLOCK 31, EAST ASPEN ADDITION and
LOTS 0 and P, BLOCK 110, CITY AND TOWNSITE OF
ASPEN.
WHEREAS, the foregoing described real property
contains an approved duplex unit; and
WHEREAS, Applicant has requested an exception from
the full subdivision process for the purpose of condomin-
iumizing the existing duplex on the subject property to be
known as the 822 E. Hyman Townhome Condominiums; and
WHEREAS, the City Council determined at its regular
meeting held Monday, April 11, 1988, that such exception was
appropriate and granted the same, subject however, to certain
conditions as set forth below:
NOW, THEREFORE, the City Council of Aspen,
Colorado, does hereby determine that the application for
exception from the full subdivision process for the purpose
of condominiumization of the above-described property is
proper and hereby grants an exception from the full
subdivision process for such condominiumization.
PROVIDED, HOWEVER, that the foregoing exception is
expressly conditioned upon (1) the Applicant's recording with
the Pitkin County Clerk and Recorder, contemporaneously
herewith, that certain "Declaration of Covenants, Restric-
tions, and Conditions for 822 E. Hyman Townhome Condominiums"
dated Monday, April 11, 1988, (2) the Applicant's strict
compliance with the provisions contained herein and all
representations set forth in the application submitted and
binding conditions of approval on this matter set by the
Planning and Zoning Commission and/or the City Council, for
itself, its successors and assigns, and (3) the plat
depicting 822 E. Hyman Townhome Condominiums be approved by
the Planning Office and filed with the pitkin County Clerk
and Recorder's office prior to the sale of any unit.
Dated this ~~ day o~ < .' " ,
~ ../ ~
"--c...~ rl' .
William L.
, 1988.
BOOK 566 rJlif6:li
APPROVED,
\:)C~
Paul J. Tadd~e; City
-.
Attorney
I, Kathryn S. Koch, do certify that the foregoing
Statement of Exception from the Full Subdivision Process for
the Purposes of Condominiumization for 822 E. Hyman Townhome
Condominiums was considered and approved by the Aspen City
Council at its regular meeting held Monday, April 11, 1988 at
which time the Mayor was authorized to execute the same on
behalf of the City of Aspen.
.;'''''-'
, 'iF ASI'''~,
"; '\ ....... (" '" ...~
'..); \ .... ~r" ~~
',;::", , "
S IL) '>
j3c:'i?~j.n4/.i;t
" 01\1<0" ,.,.,
",
~) K/~~~
Kathryn S och, City Clerk
-2-
01
01
::
-
Cl
M
II:
b:J
~'-~
'"
ttDQ'I
-0
:>iJJ
~Gi;
....>-
-I-
>;;::
..J(JI
r.nx
;!i
.....
ii:
=
oC2:
CD
Ln
en
BOOll 566 tJAGE637
~ECLARATION
CO!ijITIONS FOR
-,
OF COVENANTS, RESTRICTIONS AND
822 E. HYMAN TOWNHOME CONDOMINIUMS
B.C.P.C. CORPORATION, a Colorado corporation
("Covenantor"), for itself, its successors, administrators
and assigns, in consideration of the granting of an exception
from the full subdivision process for the purpose of
condominiumization of the following-described property,
hereby covenants with the City of Aspen, Pitkin County,
Colorado, to restrict such property, and hereby does restrict
such property, as follows:
1. Covenantor is the owner of the following
described property (the "Property") together with the
improvements thereon situated in the City of Aspen, County of
Pitkin, State of Colorado:
LOTS 0 and P, BLOCK 31, EAST ASPEN ADDITION and
LOTS 0 and P, BLOCK 110, CITY AND TOWNSITE OF
ASPEN.
Hereafter, Unit A and Unit B, 822 E. Hyman Townhome
Condominiums.
2. The existing two units compr1s1ng the 822 E.
Hyman Townhome Condominiums, when the same are offered for
rental, shall be and are hereby restricted to six (6) month
minimum leases with no more than two (2) shorter tenancies
per calendar year, all as defined in the Aspen Municipal
Code, as amended; and, further, when both units are offered
for sale, they shall be and are hereby subject to the
requirements of Sections 20-22(a), Aspen Municipal Code, as
amended.
3. In the event that any municipal improvement or
improvements 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 822 E.
Hyman Townhome Condominiums, Covenantor will make no
objection to any special assessment 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 improvement or improvements proposed. Covenantor further
agrees to join, upon the City's demand therefor, any
improvement district formed for construction of such
improvements (including, without limitation, drainage,
underground utilities, paving, curbs, gutters, sidewalks,
street lights, etc.) in the area of the 822 E. Hyman Townhome
Condominiums.
4. The covenants herein may be changed, modified
or amended by the recording of a written instrument signed by
BOlJl 566 PAiE638
the record owners of the Property and the Mayor of the City
of Aspen pursuant to a vote taken by the City Council.
5. The covenants herein contained shall run with
the land and shall be binding upon all parties having any
right, title or interest in the Property or any part thereof,
and their heirs, representatives, successors and assigns, for
the period of the life of the longest-lived member of the
presently-constituted Aspen City Council plus twenty-one (21)
years, or for a period of fifty (50) years from the date
these covenants are recorded, whichever is less.
6. None of the covenants contained herein shall
be released or waived in any respect during the period they
are binding without the prior consent of the City of Aspen
reflected by resolution of the City Council of the City of
Aspen.
7. In any legal proceeding to enforce the provi-
sions of these covenants, restrictions and conditions, the
prevailing party shall be entitled to recover its costs and
fees therein, including its reasonable attorney fees and
expert witness fees.
IN WITNESS WHEREOF, this Declaration has been duly
executed this 20 day of Aoril , 1988.
/
(SEAL)
,'I\\,t\II""/",;",
\,\,., ,t.}......, ",
..,~", ........>.._.;.A~TEST:
.....':) C:;",:i "'.- -
, :"\) <.n 'c' ,
. ":): t::r'I;"'~' '.
"':~~.i>"I.l~c,. .ham R.
- 'c '0' m\i<;-"l1 .:aecretary
',0 '''''':l'~ .'eo ..
-."./' ~":~;.{ .,'
...... .... ~::
I .., ~ "c
r----.
"'"
STATE OF COLORADO
)
) ss.
)
COUNTY OF PITKIN
SUBSCRIBED AND SWORN to before me by Thomas D.
McCloskey, Jr. as President and William R. Jordan III as
Secretary~~f B.C.P.C. 8~??~tion, a Colorado corporation,
this yf'+::" day of uF- ' 1988. ".
WITNESS my hand and official seal.
Ot>LJJ,-'))9/
.
My commission
expires: /
I
ubl~c
, "()"
,,\). '.
-:._,>~. ,......
" .V' 00
o-v.........n,..
~- 'f {~_iS;~:::o..~"
:'.~.:.r br.LOi
;. . ~,
, "
. .\:-~').""'" "'''
\/"!' _II'
,,-
BCPC2/FP4/st
-2-
t
"*""""~""--"""""~"'P___:-" _,h
~''''',:__'';''''1'';~
.,.... ._=-."..,,,~--._.~.....'
, . /
"'~,'
""""7.",-"",,,,,"'::,,,','.
A$PEN/PITKIN PLANNING OFFICE
130 South G8Ien. St_t ! ']. -"'J. _1// .Ii 1\ 'Y.
Mpen, CoIor1Icto 81611 /' i _,' I \_ l", " -
(303) 925-2020 0/ A - 88
LAND USE APPLICATION FEES
City
00113
-63721
- 83722
- 63723
- 63724
- 63726
- 63726
- 63727
- 63728
- 47331
- 47332
- 47333
- 47341
- 47342
- 47343
- 47350
- 47360
GMP/CONCEPTUAL
GMP/PRELlMINARY
GMPIFINAL
SUB/CONCEPTUAL
SUB/PRELIMINARY
SUBJFlNAL
ALL 2-STEP APPLICA nONS
ALL 1-STEP APPLICATIONS!
CONSENT AGENDA ITEMS
REFERRAL FEES,
00125 - 63730 - 47380 ENVIRONMENTAL HEALTH
00123 - 63730 - 47380 HOUSING
00115 - 63730 - 47380 ENGINEERING
SUB-TOTAL
County
00113 - 63711 - 47431 GMP/GENERAL
- 63712 - 47432 GMP/DETAILED
- 63713 - 47433 GMPIFINAL
- 63714 - 47441 SUB/GENERAL
- 63715 - 47442 SUBIDETAILED
- 83716 - 47443 SUB/FINAL
-63717 - 47450 ALL 2-STEP APPLICATIONS
-83718 - 47480 ALL 1-STEP APPLlCATIONSI
CONSENT AGENDA ITEMS
REFERRAL FEES:
00126 - 63730 - 47480 ENVIRONMENTAL HEALTH
00123 - 63730 - 47480 HOUSING
00113 - 63731 - 47480 ENVIRONMENTAL COORD,
00113 - 63732 - 47480 ENGINEERING
SUB-TOTAL
PLANNING OFFICE SALES
00113 - 63061 - 09000 COUNTY CODE
- 63062 - 09000 COMP, PLAN
- 63066 - 09000 COPY FEES
- 63069 - 09000 OTHER
! (; 'K,." (Jr')
I <,f2~:r;;:
.,-\1
Nome: /1o-d/'7 g ,J;Jrri'7. ")
Add..." ~ 1M F H,.,)K"Jq< ({..iR;J).L:
/ '
~~tl'/, tfl JObl!
Check # 'j'l
" '
Additional Billing:
SUB-TOTAL -::h
TOTAL --II> -1/,/) t?.{)
r.~~
Phone: ) . ~
~~::~~~ij , ~1;:n:;,.f'~6.~#3
# of Hours: <'