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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: <'