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CASELOAD SUMMARY SHEET
City of Aspen
DATE RECEIVED:
DATE COMPLETE'
PROJECT Nl1MED i 2_Z r
Project Address:
APPLICANT: jal) � .
Applicant Address:
REPRESENTATIVE'
_ �" I,,* �,
Representative Address/Phone:_
PAID: ES NO AMOUNT:
1) TYPE OF APPLICATION:
1. STEP: 2 STEP:
2) IF 1 STEP APPLICATION GOES TO:
P&Z CC
3) PUBLIC HEARING IS BEFORE:
P&Z CC
DATE REFERRED:
PARCEL ID AND CASE NO.
STAFF MEMBER:
i
INITIALS:
REFERRALS:
V/City Attorney
Mtn. Bell
School District
City Engineer
Parks Dept.
Rocky Mtn Nat Gas
Housing Dir.
Holy Cross
State Hwy Dept(GW)
.Aspen Water
Fire Marshall
State Hwy Dept(GJ)
City Electric
Fire Chief
B1dg:Zon/Inspect
Envir. Hlth.
Roaring Fork
Roaring Fork
.Aspen Consol.
Transit
Energy Center
S.D.
Other
FINAL '9UTING:
DATE ROUTED:
INITIAL:��
��
y City Atty
_�,_/City Engineer
Bldg. Dept.
r
Other:
FILE STATUS AND LOCATION:
-
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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 Hvman 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 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.
CH. RON2
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MEMORANDUM
TO: Aspen City Council
THRU: Robert S. Anderson, Jr., City Manager
FROM: Cindy Houben, Planning Office f\, `
RE: 820 & 822 E. Hyman Townhomes Condominiumization
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 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; 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
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:
2
•
E
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 rental
s 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 o
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.
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 approval of the
subdivision and condominium request with the following
conditions:
N
n^ 1) The applicant shall submit a statement of subdivision
�l\ 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:
ch.ron
5
AUSTIN & JORDAN
Attorneys At Law
600 Fast Hopkins Avenue
Suite 205
Ronald D. Austin Aspen, Colorado 81611
William R. Jordan III
Gray A. Young March 15, 1988
Frederick F. Peirce
Ted D. Gardenswartz M E M O R A N D U M
TO: City of Aspen Planning and Zoning Commission
Cindy Houben, Assistant Planner
FROM: Ronald D. Austin, Esq.
Telephone (303) 925.2600
FAX (303) 9254720
APPLICANT: B.C.P.C. Corporation
PROJECT: 822 EAST HYMAN TOWNHOMES
SUBJECT: 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
AUSTIN & JORDAN
Attvmeys 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,
AUSTIN &
RDA/mis AN
By
Ronald D. ustin
bcpc2/mis
• •
MAP INDEX - CONDOMINIUM SURVEY
CONDOMINIUMS/LODGES
A. CHATEAU ROARING FORK - 42 Available/dl 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/lG Rented Short -Term
H. CHATEAU BLANC - 15 Available/ld Rented Short -Term
I. CHATALET CONDOMINIUMS - Unable to Locate Management
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
0. MOUNTAIN RIVER MANOR - Unable to Locate Management
P. CENTENNIAL PARK - Unable to Locate Management
Q. LARKSPUR - Unable to Locate Management
R. ORIGINAL CURVE CONDOS - 26 Available/7 Rented Short -Term
X. SUBJECT PROPERTY
TOTAL UNITS AVAILABLE PER SURVEY: 203
SHORT-TERM UNITS PER SURVEY: 133
TOURIST FACILITIES/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.
G. 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
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MEMORANDUM
TO: Aspen City Council
THRU: Robert S. Anderson, Jr., City Manager
FROM: Cindy Houben, Planning Office 0
RE: 820 & 822 E. Hyman Townhomes Condominiumization
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 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; 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
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:
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
6
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 approval of the
subdivision and condominium request 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 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: .}i i'2�✓u.,� �c.,-vZ �i ���
ch.ron
5
•
•
AUSTIN & JORDAN
Attorney. At law
600 Fast Hopkins Avenue
Suite 205
Ronald D. Austin
Aspen, Colorado 81611
William R. Jordan Ill
Gray A. Young
March 15, 1988
Frederick F. Peirce
Ted D. Gardenswartz M E M O R A N D U M
TO: City of Aspen Planning and Zoning Commission
Cindy Houben, Assistant Planner
FROM: Ronald D. Austin, Esq.
Telephone (303) 925.2600
FAX (303) 925-4720
APPLICANT: B.C.P.C. Corporation
PROJECT: 822 EAST HYMAN TOWNHOMES
SUBJECT: 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
• 0
AUSTIN & JORDAN
Attomeys 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
• 0
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 -germ 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/mis
bcpc2/m]s
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
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
0. 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 FACILITIES/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
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1
. Durant
MEMORANDUM
TO: Aspen Planning Commission Vs . a nruw-
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 pt'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 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; 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 pdn reominatly_
by lodges or other units rich 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.
E
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, t___is_
important to note that the projects which allow the
=
short term accommodations are "a1T projects which were
crea7ed--prior to the enactment of the 6 month minimum
lease restriction in 1977 or are located to the west of
F� '
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
V0
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.
RESPONSE: The 1973 Aspen Area Comprehensive Plan shows
that the area East of Original Street is designated as
j� single family and mixed esidential. Mixed residential
is defined as having a �imited airLognt of professional
J�,v offices and ar-flr,nuno a S.
(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 approvals of the
subdivision and condominium request with the following
conditions:
1� 1) The applicant shall submit a statement of subdivision
I 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
b. Common and limited elements
—� C. Elevations of doors and ceilings
d. Additional elements as required by the colorado state
statutes.
ch.ron
4
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 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; 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
y01;Lei 114.. I Dili ;
TO: City Attorney
City Engineer
FROM: Cindy M. Houben, Planning Office
RE: 820 & 822 E. Hyman Townhomes Condominiumization
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:
DATE COMPLETE:
PROJECT NAME" D t YZ-Z I W Ou
Project Address:
APPLICANT:_�LKI+'uK ,
Applicant Address:
REPRESENTATIVE 0AJAI* �, ]��
RepresentativeAddress/Phone:
PAID: YES NO AMOUNT:
1) TYPE OF APPLICATION:
1 STEP:
2 STEP:
2) IF 1 STEP APPLICATION GOES TO:
P&Z CC
3) PUBLIC HEARING IS BEFORE:
PARCEL ID AND CASE NO.
STAFF MEMBER: `
P&Z ! / CC N/A
DATE REFERRED:,') 4 0 INITIALS: '7 `
REFERRALS:
VRRCity
Attorney
Mtn. Bell
School District
City Engineer
Parks Dept.
Rocky Mtn Nat Gas
Housing Dir.
Holy Cross
State Hwy Dept(GW)
Aspen Water
Fire Marshall
State Hwy Dept(GJ)
City Electric
Fire Chief
B1dg:Zon/Inspect
Envir. Hlth.
Roaring Fork
Roaring Fork
Aspen Consol.
Transit
Energy Center
S.D.
Other
FINAL ROUTING:
DATE ROUTED:
INITIAL:
City Atty City Engineer Bldg. Dept.
Other:
FILE STATUS AND LOCATION:
AWN/PITKIN PLANNING OFFICE
130 S. Galena Street
Aspen, CO 81611
(30 ) 925-2020
MJffg)'--
This is to inform you that the Planning Office has completed its
preliminary review of the captioned application. We have determined
that your application IS N@T complete.
Additional items required include:
Disclosure of Ownership (one copy only needed)
Adjacent Property Owners List/Envelopes/Postage (one copy)
Additional copies of entire application
Authorization by owner for representative to submit applica-
tion
Response to list of items (attached/below) demonstrating
compliance with the applicable policies and regulations of the
Code, or other specific materials
A check in the amount of $
Your
application i complete and we h se duled
it for
review by the
P-� 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 copy of the memorandum. Please note
that it
IS NOT your
responsibility to post your 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 ilable agenda.
If you have any questions, please call
the planner assigned to your case.
Sinc.rely,
PEN/P1TKIN PLANNING OFFICE
T EB Z N(?*
MEMORANDUM
TO: City Attorney
City Engineer
FROM: Cindy M. Houben, Planning Office
RE: 820 & 822 E. Hyman Townhomes Condominiumization
DATE: February 25, 1988
Attached for your review and comments is an apps ication submitted
by Ron_Aon behalf of his client, Frank Ross, requesting
condo miniumization of a two unit, two__,_s_to?ry 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.
!"LD 2 2
AUSTIN & JORDAN
Attorneys At law
600 East Hopkins Avenue
Suite 205
Ronald D. Austin Aspen, Colorado 81611 Telephone (303) 925-2600
William R. Jordan III FAX (303) 925-4720
Gray A. Young February 22, 1988
Frederick F. Peirce
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,
AUSTIN & JO N
By
Ronald D. Austin
RDA/mis
Enclosures
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.
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
0 •
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 approvals of the
subdivision and condominium request 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 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
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:
1. A plat should be submitted pursuant to section 20-15 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 Aspen, Colorado 81611
William R. Jordan 111
Gray A. Young March 15 , 1988
Frederick F. Peirce
Ted D. Gardenswartz M E M O R A N D U M
TO: City of Aspen Planning and Zoning Commission
Cindy Houben, Assistant Planner
FROM: Ronald D. Austin, Esq.
Telephone (303) 925-2600
FAX (303) 925-4720
APPLICANT: B.C.P.C. Corporation
PROJECT: 822 EAST HYMAN TOWNHOMES
SUBJECT: 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
AUSTIN & JORDAN
Attomeys 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,
AUSTIN & AN Al
r" ", -/,-
&' - i
By
Ronald D. ustin
RDA/mis
bcpc2/mis
•
•
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
_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
0. 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 FACILITIES/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
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AUSTIN & JORDAN
Attorneys At law
600 East Hopkins Avenue
Suite 205
Ronald D. Austin Aspen, Colorado 81611
William R. Jordan Ill
Gray A. Young March 15, 1988
Frederick F. Peirce
Ted D. Gardenswartz M E M O R A N D U _N
TO: City of Aspen Planning and Zoning Commission
Cindy Houben, Assistant Planner
FROM: Ronald D. Austin, Esq.
Telephone (303) 925-2600
FAX (303) 925-4720
APPLICANT: Frank D. Ross
PROJECT: 820 EAST HYMAN TOWNHOMES
SUBJECT': 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
minima]. 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 uti-lities and other regular costs. Thus, the monthly payments
necessary to maintain the single family residence as it existed,
AUSTIN & JORDAN
Attomeys 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
Attomeys 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,
AUE
By
RDA/mis
bcpc/mis
•
ADDENDUM TO LAND USE APPLICATION
APPLICANT: B.C.P.C. CORPORATION
NAME OF' PROTECT: 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
ByI A /J/
Ronald D. Austin, Esq.
600 E. Hopkins Ave., #205
Aspen, CO 81611
(303) 925-2600
Attorneys for Applicant
822/mis
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.
0
Frank D. Ross
STATE OF COLORADO )
)ss.
COUNTY OF PITKIN )
The foregoing was subscribed to before me this day of
February, 1988, by Frank Ross.
WITNESS my hand and official seal.
My Commission expires: "�_a�_T) _ r,
Notary Pub TC
•
0
ADDENDUM TO LAND USE APPLICATION
APPLICANT: FRANK D. ROSS
NAME OJT 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.
AUSTIN & J DAN
By
Ronald D. Austin'-,- Esq.
600 E. Hopkins Ave., #205
Aspen, CO 81611
(303) 925-2600
Attorneys for Applicant
820/mis
JAN 1 4
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,
A�o_ "L &
Frank D. Ross
FDR/VL02
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,
B.C.P.C. PO T ON
By
s D. McgAoslfey, Jr.
TDM/VL02
•
•
Ronald D. Austin
William R. Jordan III
Gray A. Young
Frederick F. Peirce
Ted D. Gardenswartz
AUSTIN & JORDAN
Attorneys At taw
600 East Hopkins Avenue
Suite 205
Aspen, Colorado 81611
January 5, 1988
Ms. Cindy Houben, Planner
Aspen/Pitkin Planning Office
HAND DELIVERED
Telephone (303) 925-2600
FAX (303) 925-4720
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 m1d -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
By
Rona d D. Austin y�
RDA/mis
• •
ASPEN/PITKIN PLANNING OFFICE
130 S_ Galena Street
Aspen, 00 81611
(303) 925-2(�02p0
Date: (►V- 4�1� l�D
RE= p2o` Oat �KI�wA� lA`-uo�.w.tgwal�
Dear , _o"` -
This is to inform you that the Planning Office has completed its
preliminary review of the captioned application_ We have determined
that your application IS NOT complete_
Additional items required include:
Disclosure of Ownership (one copy only needed)
Adjacent Property Owners List/Envelopes/Postage (one copy)
Additional copies of entire application
� 1
—'� Authorization by owners for representative to submit applica-
t10 R
Response to list of items fatt;a-cbelowl demonstrating
compliance with the applicable policies and regulations of the
Code, or other specific materials
A check in the
amount of $
A_. Your application is complete and
we have scheduled
it for
review by the
call you if we
need any additional
on
information prior
We will
to that
date_ Several
days prior to your
hearing, we will call and
make available
a copy .of the memorandum.. Please note
that it
IS NOT your
responsibility to
post your 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 ,neext available agenda.
If you have any questions, please call
the planner assigned to your case.
Sincerely,
ASPEN/PITKIN PLANNING OFFICE
0.-
CITY OF ASPEN
130 south. galena: -street
aspen; -col or ado-81611
303-925 -2020
LAND USE APPLICATION FORM DATE SUBMITTED 1/S/gg
$ 80 Referral Fee
FEES $680 . Planning Fee
(Combined Fee with B.C.P.C.
NAME Frank D. Ross Application)
ADDRESS 1280 Ute Avenue, Aspen, CO 81611
PHONE ___C303) 920-3505
NAME 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 rec1t,ire legal
description. A vicinity map is very useful.)
CURRENT BUILD -OUT 3,600 SF sq. ft. two units of 1,800 SF each 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 —
_that there be no six month minimum lease restriction applicable to these units.
. wP have attached a letter outlining the reasons for this request.
TYPE OF APPLICATION Subdivision Exception to Condominiumize new duplex.
Section - 19 (SubdivIsio` n-E'xc
APPLICABLE CODE SECTION (S) Section 20-22_(Condominiumization) —
PLAT AMENDMENT REQUIRED YES
DATE PRE -APPLICATION CONFERENCE COMPLETED 12/18/87
XX
NO
ATTACHMENTS: 1. All applicants must supply Proof of Ownership in the i(irm of a
title insurance commitment or statement from an attoriey indicating
that he/she has researched the title and verifies that the applicant
is the owner of the property (free of liens and eucii::�hrances.)
2. If the process requires a public hearing, a Property (),.:tier's List
must be supplied which gives all owners within 300 fecL It all
directions in some cases and adjacent owners in some cases.
3. Number of copies required (by code and/or in pre -application
conference.) Five
4. Plat by Registered Surveyor XX Yes No
SUBMITTED BY:
AUSTIN & JORDAN
By PAa A 2��7
Ron d D. A Csaa
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 no4 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 � k A
Ronald D. Austin
proofr/mis
FAA
4441
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♦ ••w1r •.... .•.•t..4 •1 1'l,.N en/ �.7• .f 'h••.w. r •r: _.
Tract'a►�l Psrcr o! Wt� !! and 3t 32ock 31,
raa: span ►.Oditiot:al Almsttq, ittkt,,
ratrt t �, �,q lvram
. >r .. r ♦ • r �P 1Mv u. .•er Lr.nw a� •I/ ••H fy'oo/ IM
+Menryhw• W rti �'K!A IM�tetMn
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7 ��rrrr 1�`+•MeK7�A,,lg�l'.M11ra1
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� X . 3�I.td.l�i1/i ,•. r►I.e .r n» t+tl -.t 4eee• W t•a1•+t+lf W��t:��.w , .. xl
n •.ls .1
• • ^ � 1••ytt h•riltrt .t "YT irr�ij.,'�1'i►�iR.4 � .
J
t 4
' 4 h x4 tk ' •f
► y` 5'i� moo :' ;ear L.y, •7 1.
Rem ate ............ 0wock........ ,,.................��481
R.r.ptt;es No . ....................... .....
..................
THIS DEED. Made this /O-9 day of �ae� T4 I G ~ - -- 28 ,- I - _9 _-'___
JOE WILLIAM POPISH and BARBARA J.
POPISH,
44i MA /ANN1N
I IN OTT. RICO OtA
of tFe County of Pitkin and State of Colorado, jII
of then brat part, and FRANK D. ROS S Bul l 4 101111111
Mbo'te legal addmn is 520 E. Durant, Suite 204, II
Aspen 81611
of tht J
County of Pitkin and State of Colorado, of the second paq: II
W"ESSETH, That the uid pan leg of the first part, for and in consideration of the sum of TEN
DOLLARS and other 700d and valuable consideration, blQkkA&%
to the said Part ies of the first part In hand paid by the said pan y of the second part, the receipt whereof is
twOrl ecxlfeasad and acknowledged he Ve granted. barptined, sold and conveyed, and by these presents do
Pant' bsrpls, sell, convey and oonfirnt, unto the said pan y of the second pan, his
heirs rand asaiatls forever, all the folloMing described lot a or parcel s of land, situate, lying and being in the
County of Pitkin and State of Colorado, to wit:
LOts M and N. Block 31, East Aspen Additional Townsite, a/k/a
Lot:% M and N, Block 110, City and Townsite of Aspen.
SUBJECT TOt
Exceptions and Mineral Reservations as contained in Patent
to .Aspen Townsite recorded March 1, 1897 in Book 139 at Page 216
as :Reception No. 60156.
Right of way for ditches or canals constructed by the au-
thority of the United States, as reserved in United States Patent
recorded August 29, 1958 in Book 185 as Page 69 as Reception No.
106d74.
,TATE DOCUMENTARY!!
OEC 1 5 M6
also known as SUM and number
TOGETHER with all and singular the hereditament% and appurtenances thereto belostsins, or in anywise APIKna-nine, and the reversion and reversions, remainder and remainders,,ents. issues and profits thereof; and all
the cata'c, right, ride, interest, claim and demand %hatsoever of the laid par, tea of the first pan, either in lass
quit...,( ,n and to the aho.c bargained premises. M,th the hereditament% and appunetsances.
'...`qs E+.1,R+hf..Fe�*`d9��'+� .. ,,...� �� aiidtls�l',.4iMwr4 Pia ., - .�..,,:a����l:1►A4 3+�fie:gib�rl.
9=125 pw482
TO RATS AND TO NOLa tb laid PralaMMt dmm bargained MW dwAbd, with tb , late the
said putty of prd Pr>1R hi 8 bda red �e fat am. And the said pan is s of the fkst Part.
for tJM *a VeS, eleattaer� eld Shwa nipm & cowasnt, fit, bsrga` aad agree to and with
the saw" y d t#1 asaand we% his fir said wdgr6 that at the ume at the mwealfaag and dwivery of
thew Pr"m* th@y art wail MbM of 66 pw 11 rbove oor,veyed, as of rood, ease. Perfect, absolute and
tndefealbls eatata Of Wbat*mw% to bw, la fay duple and ba pie rood rtget. fall Power laid lawful authority to
gmt- bargain, tail lad teuvq tba UM it MOW aed foray as aforesaid, sad that the sage an free and
deer them " br aer pd «diet Gaeta. 1ae>er1.1 adat, Haas, taus, awsaneats lad aasaabsanees of whatever
kind or nature paver. , tMePt IM 11ast►1 Prqpe:ty taxes payable in 1987,
MW tee abaa bngatiled 104001an 5 tM QUM aad Vmftbls possession of the tail part y of the second part,
his MOO Mai asdpe agahut all MW every Perm or persons lawfully alalmlag or to shim the whole or ear
pet tbeewf, tie add )►ash i0* of tilt flrat "aW lad will WARRANT AND TOE>MER DZYKND.
C!t'MP[I/M W'MBOF, the said part is@ d Bye ftrst part he ve hereunto set theDund s
toad anal a the dray and year f hret above wrktaa.
41miL waled 4W Dabreed in tie Teaap" M ,�L.. j81CA L]
WILLIAM POPISH
AL]
NF�✓ME'��C• BARBARA J. PO H
Gant, et VsW* A tV71 JUS.
Thsa f eregabwg luetraanat .al lettroriedged babm ga chi. � �' �" 1 day of
.b JOB WILLIAM POPISH and BARBARA J. POPISH.
>H7 eoenaissian espdrw N r i��/ / ,19 wit/ ss my hand and wl.
a �/,J
/ Nerur
J
0
CITY OF ASPEN
130.south. galena: -street
asp en;-�coIorado `81611
303-925 -2020
LAND USE APPLICATION FORM DATE SUBMITTED_ if 5/88
$ 80 Referral Fee
FEES _�6E0._Planning Fee
(Combined Fee with Frank D. Ross
NAI%1E — B.C.P.C. Corporation,.A Colorado corporation Application)
ADDRESS c/o McCloskey Enterprises, 730 E. Durant Ave., (P.O. Box 7846), Aspen, CO
PHONE (303) 920-2112
NA?tE OF PROJECT 822 EAST HYMAN TOWNHOMES
PRESENT ZONING RMF
LOT SIZE. Lots 0 and P, Block 31 constitute 6,000 SF
LOCATION 822 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 1,600 SF sq. ft. Two Units of 1,800 SF each 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
-- condominiumizatinn of the duplexes 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
APPLICABLE CODE SECTION (S)
PLAT AMENDMENT REQUIRED
Subdivision Exception to Condominiumize new duplex.
Section 20-29 (Subdivision Exception)
SPrtion 20_22 (Condominiumization)
YES
DATE PRE -APPLICATION CONFERENCE COMPLETED 12/18/87
XX
NO
ATTACHMENTS: 1. All applicants must supply Proof of Ownership in the !'orm 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;�ihrances.)
2. If the process requires a public hearing, a Property 0,,,ner's List
must be supplied which gives all owners within 300 feLL iq all
directions in some cases and adjacent owners in some L.:ases.
3. Number of copies required (by code and/or in pre -application
conference.) Five
4. Plat by Registered Surveyor XX Yee No
SUBMITTED BY:
AUSTIN & JORDAN
�• • Austi•
0 •
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.
C-I
•
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
proof/mis
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• W Soo �► � l]R* stet •. Tt}E1tr
1'w+ *WWdPAni MA4PWatM. dam' ••rtrMMM 4A K' one .•.�' .'hN w1 = w.i t�,.r wi�Ef.. re J i
e» wet. X. u•..k wi p•. key .r rfM AM gtNotf+ Mr.00 PAO a•f•••
wr.w r•, -&- rw.�r•r rw..,M.I -)
,� •. t4�.«Irw• ,ttrettf.• : •r.. n. :r t a f.���Y. ��r I t weir:. ... ..
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r
31 v���PF W June 15,
1981
Recorded _...........
94 Loretta 5nner
JENNIE POPISH
whoa addrew Is 822 East Hyman Avenue, Aspen,
Count) of P i tk i n , and State of "'J"NUENMY fit
Colorado , for the eonaldaracba of J U N 1 5 1981
dollars, in hand paid, bereby sall(s) and eon ..........
LOUIS POPISH
whosr lesal address le P . 0. Box 732, Aspen,
County of
P i tk i n , and State of Co 1 o rad o the following real property in the
County of P i tk i n and State of Colorado, to wit
Lots U and P, Block 31, East Aspen Addition
also known as street and number
with all its appurtenances and warrant(s) the title against all persons claiming under (me) (us).
except taxes for 1981 and subsequent years and except reserva-
ti.one, restrictions and encumbrances of record.
Sinned and delivered this -e!day of �cf , r c , 19 81
In the presence of
............. ...............................
J nnie Popish 6.
1
t n 1 -
_.................... .............. .... ... . .........,.....�..1 n (TALI STATE OF COLORADO,
�• I
County Of
The ff,regoiug instrument was acknowledged before me this .. ,
day of J..... `.
19 81 , by Jennie P-Pish �I
MY cummi-ion � � . t � Ipl�y
� n expires f Witness my hand and official anal. II
i M.srr r.au.
I
•Yf, 1.1 N',NM•\r1 n,fen •-�rra..• •..� �...,._....�.. ,. ... -
.
d
l�
Mecurcea at OCiucR M.
• Ret•epliu��
c1-
1 �
j Louis Popish
0
- Z z whose address is P.O. BOX 732, Aspen
� � �
Q< � C'ount.% iJ P i tk l n State of
a
or
a Colorado for the consideration of Ten
Dollars ($10) and other good and valuable consideration
F--t}rft}gtt, in hand paid, herebII sellis1 and cnn%-t,y(s) to
I 0 W James W. Hammond, Jr.
` a
i o
I
Recorder
whose legal address is 16800 Dallas Parkwav , Dallas Texas 75248 County of
:and State of the following real property in the
I County of P i t k i n ;and State of Colorado, to wit
Lots O and P, Block 31, East Ashen Addition
and
Lots 0 and P, Block 110, City and Townsite of Aspen
County of Pitkin
State of Colorado
STATE DOWNENTARV FEEr-
5tF' 71982
also known as street and number 822 East Hyman Avenue, Aspen, Colorado 81611
with all its appurtenances, and warrant(s) the title to the same, subject to any unpaid tfame's
and assessments and any and all tax sales which have not been properly redcrnt•d
and cancelled; all ore, minerals and mineral bearing rock embraced within the
subject property as conveyed and described in Deeds recorded in 13t�k 93 at
Page 144 and 148 of the records of the Clerk art] Recorder of Pitkin County,
Colorado
Signed this 7th day of September 19 82.
-� '
Louis popisi�
STATE OF COLORADO,
�u.
County of /- / rL"ice%
The foregoing instrument was acknowledged before me this 7th
day of September , lf82 , by Louis Popish.
,
k',y commission expires /%VyMt /f/ ,.yam
�• Wik s mY hand and official seal.
t- No4ry PwbUe lI
Address
l
ar, i. Dree
.-Nhurt F urn
P„, .� .,, •.
.. .., .,..,,,..i �,..,•�.
,.�� •„ •vn •.�
0
Re xfded rl �.....�.......— w'cleeM .-,... M-t .:.
�i
113 DIiAO► twee ifue (yrj'�""' ' r
fe 8d, UMwow Ja>t�es N. mod► +7!'. `� � ... • > �.
oleo • Campo d cm1 lbj. mod stab of
v
VOL vow W V
Asory currom 8t7mun, Isc.
Am *,WA wbm r SZo Dast D zent, Stub 204, Aapen, CDlorado 81611
I
,k cee, at Pitkin WA step of Coawtfo. ,nor..
wft�al�etfx, T1we tM fe►+� a►.w fra wwewelett a a. eaw d
Ten ftuan ($10.00) arA othiw 9od'! 4 d valuable o--idustion ialraw. I,
ffte Mefc�tlllley d trMicM M ftetdy sWdRM. M lvrwd ftatpafeod .ofd aed eowvored. awd y daoae I«fe� dace puw, e.pf., wu.
erg wiaedeia, r►, e1r PeMw. w fid>reMefleMipe flwleew dl tfle toad pgwry aopafw aYM faaprowlaroae. d oar..�euMe. bw � �w M �
a ce kmpm+ Cowo.1 "Wo ad a* of Cofutedo dmcf6w M bows:
o Aloak it STATE DOCII?,tENTt,; 'if
!T' !1liP Awe +d f ...._. _.
low .0 K r, BIC* 110, 5 0611
OMY&Y of Pitkin, stne of oaaraft
i
. bwo IN am am eWw ee 821 enlist WYRIfI n l'VeTvm Aspen r 03IOrado i
'f}QfflitllfiRlt wM A wd *ON to ►mmftwlwte W eoweerwoeceo *mew bwkwSft. or in a "Wo #"s n w*%. and Ow mwro o and i
eelweloM. ewtaeledw W tewleI ' FWAL faaww elel pWb %AIMI, wed aN elo MWt, ft M, ", WOUM, CfMa wA dmood wkm'x%vt of IM
Reef AK Der fw bw w p f d fe1 W 0 dw 46M heel ' pweM W, w%h Ilse trt Id' aawrtwa cod "I -- eawrca
10 MArs AM 10 MOLD M UM p AM efMaw Mid ad A, , it d, Wft Mac epOartewaeco.. eea af>r P.Iawe. W eer..nd aasiPw j
iwlrAX �� PwMaf; %1i1MNIR w MM► erd f�� swa. foes ewlweoM, flfaM. M1pM • Md ayteo o� and waa dr parMsr. h" Aein ad
WMAi1M+IM11r1fra111r�wIMlMsddl�IMry.trlwt�w�M4.tM1.wp.WrtrMiMw.+ea.f>twoea..�e�Od,A..p+a�d.ww,psrae.,..t.al�e
eM feteAetMY oeeMe o/ �wlwMem. MI fewt r M 1MiMlt. W M P�+tyMt, NO pssw wd dwW .r*0rr WPM. e.pi.. rlt .ad cw..ry re um i
to Blow wd ben s tlerwew of do M w ew so elect clew k" eM letaw ad do w Polo, wpdm, ►akc - hm. 14%". Mmbmftmr.
woaiwtt w EW ewlrfeam of wffewwr i1W w eww wwr, ow* i
BYfw MdLibit A atta* d 1 a - lifted inootpmf sd hwain by this reference.
M I�
VUW AM IGRPM M NIDQe Aw*4 VWW Pima fe dM q" WA P--O a W--W a o/ dw PoM.k
e>/weflrp wwPrvmbwft* t **4 de w" w elan pet tl ( Ter WgvI r anwbr *A WGk& do f►k"L
pftM rMee� u.it f1.wn
emu pMw.
f� ffit /e►. w M firer aea "soy..
Sum Of► you
M
cwwtr of
wawwwm wtia wMwltedred 6*w eee ie do ICoowtr of Dau" bw of
16-0 •ed DDOM*W M 86 by JWn N. Hooffdo Jr.
A...._ ..
'u i lkn%u. Inwr "t'tl% and .
A
Arm-
W
1XXI1611A TO OXNERAL WARRAM 082D
1. Gen-ral taxes for 1986 due and payable in 1987.
2, The effect of Inalusion of the subject property in any
general or opecitia water conservancy, fire protection,
*oil cons*rvation'or other district or Inclusion in any
water service or street improvement areas or other special
taxing district.
3i Reservations and 'exceptions as contained in Book 185 at
Page 60.
11 art, minerals and mineral bearing rock embraced within
be subject property an conveyed and described in Deeds
recorded In took 93 at Page 144 and Page 148.
Ttrast conditions# obligations and provisions of Encroach -
sent Agreement as &*t forth in instrument recorded in Book
432 at Page 371.
6. Encroacheents as shown on Survey by James Reser, Alpine
Surveys (job No. 82-15) end an shown as Exhibit A of
Instrument recorded in Book 432 at Page 371.
ALL DOCUMENTS ARE RECORDED IN THE RECORDS OF PITKIN COUNTY,
COLORADO.
0
waW47 FACE701
D,f0z1.aq
Recorded at
Reception No.
When Recorded Return to:
o'clock M.
Recorder
GENERAL WARRANTY DEED
STATE DOCUMENTARY FED. j
OCT 61%7 '
_3 9
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
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 6th day of October , 1987.
ASPEN CUSTOM BUILDERS, INC.
101
y.
RANK D. ROSS•, .PRE�9+4WZ
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 seal.
My commission expires:, , /I ,
Vincent J. HipemwWotery Public
My Commission expires 12/20/90.
AspE+nE. , ns
Colorado Biel
Notary
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9 566.666
STATEMENT OF EXCEPTION FROM THE FULL
SUBDIVISION PROCESS FOR THE PURPOSE
OF CONDOMINIUMIZATION 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 iri 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 � day of 1988.
William L. Stirling, _ayor
•
•
on 566 pxc 7
APPROVED
Paul J. Tadou 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 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.
Kathryn gl. Koch, City Clerk
Ross/FP.4/ st
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c 0 •
M U BOOK 566 FME668
G9'T Q
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cv ; or c
r aSCLARATION OF COVENANTS, RESTRICTIONS AND
> a CONDITIONS FOR 820 E. HYMAN TOWNHOME CONDOMINIUMS
O
M ` FRA#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:
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 utilities, 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
•AGE669
PflOK 566 P
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 a day of ,/,y 1988.
Fra k D. Ross
STATE OF�U )
ss.
COUNTY OF 2177Z11V )
SUBSCRIBED AND SWORN to before me by Frank D. Ross
thisy21S�L day of /-y qX 1988.
WITNESS my hand and official seal.
MY
v ..
11 C,
`Ross2/FP'4/st
commission expires:-�/
Notary Public
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BOOK 566 PAGEM
STATEMENT OF EXCEPTION FROM THE FULL
SUBDIVISION PROCESS FOR THE PURPOSE
OF CONDOMINIUMIZATION FOR
822 E. HYMAN TOWNHOME CONDOMINIUMS
WHEREAS, B.C.P.C. CORPORATION, a
corporation (hereinafter "Applicant") is the
parcel of real property in the City of Aspen,
Colorado, described as follows:
Colorado
owner of a
Pitkin County,
LOTS O and P, BLOCK 31, EAST ASPEN ADDITION and
LOTS O 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 _, 1988.
William L. S irling, Mayor
•
•
APPROVED:
Paul J. Tadd ie, City Attorney
•1 1(.,KP
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.
Kathryn S och, City Cler
SY,,
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`DECLARATION
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CONAITIONS FOR
--�
•
eou 566 DAGE637
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 comprising 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; arid, 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
t
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 April , 1988.
(SEAL)
ATTEST:
OWN
` , • liam R. Jor n III,
Secretary
e
t
STATE OF COLORADO )
ss.
COUNTY OF PITKIN )
B.C.P.C. COR ORATION,
a Colora orp ti
By: I
Thomas D. M 1
President
y, jr. ,
SUBSCRIBED AND SWORN to before me by Thomas D.
McCloskey, Jr. as President and William R. Jordan III as
Secretary of B.C.P.C. tion, a Colorado corporation,
this -,,� day of , 1988.
WITNESS my hand and official seal.
My commission expires:
Notary
BCPC2/FP4/st ;
1C taot
-2-
ASPEN/PITKIN PLANNING OFFICE
130 South Galena
Aspen, Colorado 81t611t
(303) 925-2020 _ 88
LAND USE APPLICATION FEES
City
00113
- 63721
- 47331
GMP/CONCEPTUAL
- 63722
- 47332
GMP/PRELIMINARY
- 63723
- 47333
GMP/FINAL
- 63724
- 47341
SUB/CONCEPTUAL
- 63725
- 47342
SUB/PRELIMINARY
- 63726
- 47343
SUB/FINAL
- 63727
- 47350
ALL 2-STEP APPLICATIONS
- 63728
- 47360
ALL 1-STEP APPLICATIONS/ ',
CONSENT AGENDA ITEMS
REFERRAL FEES:
00125
- 63730
- 47380
ENVIRONMENTAL HEALTH
00123
- 63730
- 47380
HOUSING
00115
- 63730
- 47380
ENGINEERING
SUB -TOTAL Q
County
00113
- 63711
- 47431
GMP/GENERAL
- 63712
- 47432
GMP/DETAILED
- 63713
- 47433
GMP/FINAL
- 63714
- 47441
SUB/GENERAL
- 63715
- 47442
SUB/DETAILED
- 63716
- 47443
SUB/FINAL
- 63717
- 47450
ALL 2-STEP APPLICATIONS
- 63718
- 47460
ALL 1-STEP APPLICATIONS/
CONSENT AGENDA ITEMS
REFERRAL
FEES:
00125
- 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
Name:.'
Address: _ a r.S v
Goi6
Check #
Additional Billing:
SUB -TOTAL
TOTAL r
Phone:
Project: V lh u
v /r ith'
Data- / A f tf8
# of Hours: S
ASPEN/PITKIN PLANNING OFFICE
130 South Galena Street
Aspen, Colorado 81611
(303) 925-2020
LAND USE APPLICATION FEES
City
00113
- 63721
- 47331
GMP/CONCEPTUAL
- 63722
- 47332
GMP/PRELIMINARY
- 63723
- 47333
GMP/FINAL
- 63724
- 47341
SUB/CONCEPTUAL
- 63725
- 47342
SUB/PRELIMINARY
- 63726
- 47343
SUB/FINAL
- 63727
- 47350
ALL 2-STEP APPLICATIONS
- 63728
- 47360
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
GMP/FINAL
- 63714
- 47441
SUB/GENERAL
- 63715
- 47442
SUB/DETAILED
- 63716
- 47443
SUB/FINAL
- 63717
- 47450
ALL 2-STEP APPLICATIONS
- 63718
- 47460
ALL 1-STEP APPLICATIONS/
CONSENT AGENDA ITEMS
REFERRAL
FEES:
00125
- 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
SUB -TOTAL
TOTAL
�i
Name:
=Lz-, �
�.�
ii- ,7 CJ Phone: _
Address:
_l r ' /� E
�7
t �/� �" 1b� Project:
Check #
Date:
Additional Billing:
If of Hours: