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HomeMy WebLinkAboutcoa.lu.gm.534 E Cooper Ave.08A-87,313,51 Eas e,-- Zt M 7- /8a- ail- 00 Em�o I Housu;�GNPXe.++p�ion o', ASPEN/PITKIN PLANNING OFFICE 130 South Galena Street Ma- -1 y 0� Aspen, Colorado 81611 (303) 925-2020 Q S,4 _ 87 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 Name ""/1//Gt 1"1. / osSz CiSSUC Address:6OSE A,s Prl . Check # 0' Additional Billing: _— SUB -TOTAL TOTAL Phone: Y-4s-�- Project: 53 5/ E L'a op Pr—r Ern 210Ye Date: y '�/F7 If of Hours: CASELOAD SUMMARY SHEET City of Aspen DATE RECEIVED: /� DATE RECEIVED COMPLETE:-- _//�� CC PROJECT NAME: J53ly E0,57 L0OD ei--'EmDIOV P P 17 APPLICANT: 4- e-n/,)J G)e-1 le Sss Applicant Address/hone: REPRESENTATIVE: -B /l —PDSS Representative Address/Phone: Type of Application: I. GMP/Subdivision/PUD 1. Conceptual Submission 20 2. Preliminary Plat 12 3. Final Plat 6 II. Subdivision/PUD 1. Conceptual Submission - - 1 4-- 2. Preliminary Plat 9 3. Final III. All "Two Step" Applications 11 i-10�.)r- u Cr . e C- �. "" V, C 4 0 r� -C IV. All "One Step" Applications %T---)kL1 V. Referral Fees - Environmental Health, Housing Office 1. Minor Applications 2. Major Applications Referral Fees - Engineering Minor Applications Major Applications 2 0 7 CI» N O . 8i4 - S TA FF $2,7 30 .00 1,640.00 820 .00 1,220.00 ---- ---__ 820.00 less rcnne $1,490.00 \ $ 680 .00 $ 50 .00 $ 125.00 S11)_00 200.00 P&Z CC MEETING DATE: �O? I� PUBLIC HEARING: YES ENO DATE REFERRE -. 'x IN IT IALS : REFERRALS: City Atty Aspen Consol. S.D. School District City Engineer Mtn. Bell _ Rocky Mtn. Nat. Gas Housing Dir. Parks Dept. State Hwy Dept (Glenwd) Aspen Water Holy Cross Electric Statefiwy Dept (Gr_Jtn) City Electric Fire Marshall Bldg: Zoning/Inspectn Envir. Hlth_ Fire Chief Other: Roaring Fork Transit Roaring Fork Energy Center FINAL ROUTING: DATE ROUTED: INITIAL: City Atty City Engineer Building Dept. Other: FILE STATUS AND LOCATION: Other: c CA,^ E DISPOSITION: ti . ( :c�, t a�,{ r�� .Reviewed by: AS e P&Z City COLoil �P•t i,'.�J d. r'1;i i —�•-j tt r r/ a r �- �^ li:`�w� �y,,, ,•�� L �i .t' F � d' � �?�1,,J� �'A,, c1:.1c'(h f n � � �v� � � , � � 3 / , Revi ewee, By: t.spen PL7 City Co_ci' exemption from the Growth Management Quota System for the purpose of creating a two bedroom 1,253 square foot employee unit deed restricted to the Housing Authority's Moderate Income Guidelines, subject to the following conditions: 1. A deed restriction limiting rental and occupancy of the unit to the moderate income guidelines shall be filed to the satisfaction of the City Attorney and the Housing Authority with the Pitkin County Clerk and Recorder's Office prior to issuance of a Certificate of Occupancy for the structure. 2. The applicant shall restrict the unit to a 6 month minimum lease, pursuant to Section 24-3.7(o) of the Municipal Code." P L7 Reclui-ar—Me tirra------- h n-Ci;: y _Cult-i .rune -22, 1987 to July 27, 1987; seconded by Councilman Isaac. 1%11 in favor, motion carried. GMP-EXEMPTION - 534 East Cooper Employee Unit Andy Hecht, representing the applicant, told Council this building is located on the northwest corner of Hunter and Cooper. It is being constructe(I on plans approved for a building permit. Hecht told Council this building does not have the full. floor area ratio permitted by the site but has the full FAR permitted for replacement of the previous building. Hecht said they would like to take the remaining floor area permitted if they had GMP approval and commit it to employee housing. Hecht said this will be deed restricted. The applicants object to restricting the off street parking as well. Hecht said it has been Councils policy in the commercial core with employee housing never to require parking in the 25 units that have been approved under GNP. Hecht told Council this building is not being built under GMP and they are voluntarily giving an employee unit. Hecht said the area for parking spaces was counted as floor area for the commercial development. Steve Burstein, planning office, agreed there is a strong precedent for not having on -site parking. Burstein said staff believes this is a case of mitigation of impacts. It is likely there will be parking needs created by this two bedroom unit and it is appropriate to provide on -site parking. Councilwoman Fallin said she will vote against this unless parking is in- cluded. History has to change sometime, and Councilwoman Fallin said on P & Z she argued strongly to get the parking requirement: in developments put back into the Code. Councilwoman Fallin said the city has reached a point where parking is impacting the town. Hecht pointed out this development is providing employee housing, although it is not required. Councilwoman Fallin said it was a mistake from the beginning not to require parking. Councilman Isaac said this is a good example why the city needs a cash -in -lieu of supplying parking program. Councilman Isaac said the city does need to take care of the parking problem; however, this building is not the place to start. Hecht said they are willing to restrict the parking places to employee use, while the spaces are there. However, if the developer ever uses the FAR for commercial purposes, they do not want to be inhibited from converting this to commercial purposes, the floor area ratio was debited to that. Councilman Isaac moved to approve the requested exemption from the GMP quota system for the purpose of creating a two -bedroom employee unit with two conditions; seconded by Councilman Tuite. 15 r Reg l Tr-j,,zLt-i�7_-- -- --=F+ I II ezty::C2�uL�1.1 June-22, 1987 All in favor, with the exception of Councilwoman Fallin. Motion carried. Councilwoman Fallin moved to establish an off street parking requirement for two spaces -for the two bedroom employee unit. Motion DIES for lack of a second. Mayor Stirling said Council need to take action on the parking problem. Burstein said Council is establishing a zero parking requirement for this development. Council said yes. F'I-NAL--PLAT- -Sty%V-IS ION - Agate Steve Burstein, planning office, said the staff has been working with the applicant to resolve all the problems before bringing the final plat to Council. Burstein said at request of some Council, there will be an expedited review at a special Council meeting June 29, 1987. Doug Allen, representing the applicant, told Council the applicant: has a deadline on closing of July 2, 1987, and the purchaser is requiring that final plat be done by closing. Allen requested a special meeting June 29 to accomplish this. Allen told Council they were not able to get on a regular meeting due to both staff and applicant's restraints. Councilman Isaac moved to call a special meeting June 29, 1987, a to include the final plt for the Agate; seconded by Councilwoman Fallin. All in favor, with the exception of Councilman Gassman and Mayor Stirling. Motion carried. Reconveyance Zoline Easement Councilman Isaac moved to read Ordinance #23, Series of 1987; seconded by Councilman Tuite. All in favor, motion carried. ORDINANCE #23 (Series of 1987) AN ORDINANCE APPROVING THE CONVEYANCE TO JOSEPH ZOLINE TO TWO OPEN SPACE CONSERVATION EASEMENTS ACQUIRED BY THE CITY IN DECEMBER, 1981, AND NOVEMBER, 1982, FROM JOSEPH ZOLINE FOR THE PURPOSE OF CORRECTING AN ERROR APPEARING IN THE LEGAL DESCRIPTION IN THE DEEDS CONVEYING THE EASEMENTS; AND AUTHORIZING THE MAYOR TO EXECUTE SAID DEEDS ON BEHALF OF THE CITY OF ASPEN was read by the city clerk Councilman Isaac moved to adopt Ordinance #23, Series of 1987, on first reading; seconded by Councilwoman Fallin. Roll call vote; Councilmembers Gassman, yes; Fallin, yes; Isaac, yes; Tuite, yes; Mayor Stirling, yes. Motion carried. 16 0 0 41_4 1 i11 _,I Dili 4 TO: Aspen City Council THRU: Robert S. Anderson, Jr., City Manager FROM: Steve Burstein, Planning Office RE: 534 E. Cooper Employee Housing GMP Exemption Case No. 2737-182-008/08A-87 DATE: June 22, 1987 ---------------------------------------------------------------- ---------------------------------------------------------------- LOCATION: Lots R & S, Block 95, Townsite and City of Aspen ZONING: CC (H) APPLICANT: Leonard Weinglass APPLICANT'S REQUEST: The applicant requests approval to create a two bedroom 1,253 square foot employee unit within a new commer- cial building, to be deed restricted to the middle income employee guidelines. The new structure replaces The Shaft building, utilizing reconstruction credit for the entire commer- cial space. ADVISORY COMMITTEE VOTES: On June 2, 1987, the Planning and Zoning Commission recommended that Council approve the requested GMP exemption for the creation of a two -bedroom unit deed - restricted to the moderate income guidelines and that no off- street parking be required. The Historic Preservation Committee reviewed the project with regard to compatibility within the Commercial Core Historic Overlay District. Final approval for the design, including the employee unit, was granted by HPC on March 24, 1987. APPLICABLE SECTIONS OF THE MUNICIPAL CODE: Provisions of the GMP Exemption for employee housing are stated in Section 24-11.2(f). Review of a request for this exemption "shall include a deter- mination of community need considering, but not limited to, the project's compliance with any adopted housing plan, including the number of units proposed and their location and the type of units proposed, specifically regarding the number of bedrooms in each unit and the size of the unit, the rental/sale mix of the development and the proposed price categories to which the units are to be deed restricted." Required off-street parking for all low, middle and moderate income housing units approved and deed -restricted is established by special review of City Council according to Section 24-4.1(c). • 0 PROBLEM DISCUSSION: A. REFERRAL COMMENTS: 1. Housing Authority: In Ann Bowman's April 21, 1987 memorandum, the Housing Office and Housing Authority recommend that the employee unit be deed restricted to the moderate income guidelines, rather than the middle income guidelines as proposed. It is stated that if the unit were restricted to middle income guidelines, it would not meet a community need as an employee unit. 2. Fire Marshal: Wayne Vandemark noted no problems effecting emergency services for this project in his April 22 memorandum. PLANNING OFFICE COMMENTS; In the Commercial Core Zone District, permitted uses include "dwelling units -accessory to other permitted uses, and comprising less than one half of the total floor area of the building." The proposed employee unit would meet this definition. The unit should be deed restricted to a 6 month minimum lease, following Section 24-3.7(o), rental restric- tions, to further ensure its compliance with the "accessory unit" use. The Planning Commission and staff agree with the Housing Author- ity recommendation that the employee unit be deed restricted to moderate income guidelines. Their belief that no community need would be served by a middle income deed restriction appears reasonable because the sale and rental values would be consider- ably higher than most of Aspen's employees can afford. Middle income restricted employee housing appears to be ineffective in creating an affordable housing stock and, incidentally, is ineligible for points when evaluating GMP applications. Further- more, the applicant did not oppose this condition. As noted above, Council must set the off-street parking require- ment for this two bedroom employee unit. A garage with adequate space for two vehicles is included in the building design. While the use of the garage has not been specified, staff believes that the most reasonable and purposeful arrangement would be to provide two parking spaces for the employee unit. This would then comply with the standard 1 space/bedroom required in the City's residential and office zone districts, while not contra- dicting the auto disincentive policy that discourages excessive customer or (non-resident) employee parking. Please note that the P&Z did not recommend in favor of this requirement, nor has resident employee parking consistently been required in the CC zone district. Staff nonetheless believes that it is appropriate impact mitigation to require some parking because residential parking demand from the units will likely lead to overnight 2 parking in nearby residential neighborhoods. RECOMMENDED MOTIONS: "Move to approve the requested exemption from the Growth Management Quota System for the purpose of creating a two bedroom 1,253 square foot employee unit deed restricted to the Housing Authority's Moderate Income Guidelines, subject to the following conditions: 1. A deed restriction limiting rental and occupancy of the unit to the moderate income guidelines shall be filed to the satisfaction of the City Attorney and the Housing Authority with the Pitkin County Clerk and Recorder's Office prior to issuance of a Certificate of Occupancy for the structure. 2. The applicant shall restrict the unit to a 6 month minimum lease, pursuant to Section 24-3.7(o) of the Municipal Code." "Move to establish an off-street parking requirement of two spaces for the two bedroom employee unit. The applicant shall agree to restrict the two space garage for this purpose through a written agreement as approved to form by the City Attorney and through proper signage of the spaces." CITY MANAGER'S RECOMMENDATION: 3 sb.131 o and associates 605 EAST MAIN STREET ASPEN, COLORADO81611 TEL: (303) 925-4755 March 31, 1987 Mr. Steve Burstein Aspen/Pitk:in County Planning Department 130 South Galena Street Aspen, Colorado 81611 Re: 534 East Cooper Avenue/Land Use Application GMP Exemption: Deed Restricted Unit Dear Steve: Enclosed you will find a Land Use Application and plans as requested for your view. I have also enclosed a copy of a letter forwarded to Ann Bowman at the Housing Authority, requesting their review. If you require additional information, please don't hesitate to call. Your immediate attention to this matter would greatly be appreciated. Sincerely, Bill Pos BP:dem Enclosures • CITY:0VASPEN 130 s'ouah_:galena=street aspen '` c:o76ra"d`6- 81611 303-925-2026 LAND USE APPLICATION FORM n DATE SUBMITTED March 31, 1987 FEES ;3730.00 NAME Lenny i;einelass, c/o Bill Foss, Bill Poss and Associates ADDRESS 605 East :lain Street, Aspen, Colorado 81611 PHONE 925-4755 NAME OF PROJECT 334 East Cooper Avenue PRESENT ZONING (CC) Coirrercial Code LOT SIZE. 6,000 S.F. LOCATION _Lots R & S Block 95, City of Aspen (indicate street address, lot and block number. May require legal description. A vicinity map is very useful.) CURRENT BUILD -OUT N/A sq. ft. N/A units PROPOSED BUILD -OUT 1253 sq. ft. i Employee units DESCRIPTION OF EXISTING USES Commercial/:tetail DESCRIPTION OF LAND USE PROPOSAL 1 •Oeed destricted Z iployee Unit, accessory to a Comiercial :1etail Proiect for `.,ana:er or Employee of Retail Project. TYPE OF APPLICATION G11T Exemption, DeedRestricted Ciousing Unit APPLICABLE CODE SECTION (S) :sec. 24-11.2(=) PLAT AMENDMENT REQUIRED YES }; NO DATE PRE -APPLICATION CONFERENCE COMPLETED March 17. 1987 Steve Burstein ATTACHMENTS: 1. All applicants must supply Proof of Ownership in the form of a title insurance commitment or statement from an attorney indicating that he/she has researched the title and verifies that the applicant is the owner of the property (free of liens and eucumbrances.) 2. If the process requires a public hearing, a Property Owner's List must be supplied which gives all owners within 300 feet in all directions in some cases and adjacent owners in some cases. 3. Number of copies required (by code and/or in pre -application conference.) 4. Plat by Registered Surveyor Yes No C1TY,,,..--0F:`:ASPEN LAND USE APPLICATION FORM 130 sauth.galena,s`treet as e``; Colorado-r81611 303-92�5 -2020 DATE SUBMITTED March 31, 1987 FEES NAME Lenny Weinglass, c/o Bill Poss, Bill Poss and Associates ADDRESS 605 East Main Street, Aspen, Colorado 81611 PHONE 925-475 NAME OF PROJECT 534 East Cooper Avenue PRESENT ZONING (CC) Cotrgercial Code LOT SIZE 6,000 S.F. $730.00 LOCATION Lots R & S, Block 95, City of Aspen (indicate street address, lot and block number. May require legal description. A vicinity map is very useful.) CURRENT BUILD -OUT N/A sq'. ft. N/A units PROPOSED BUILD -OUT 1253 sq. ft. DESCRIPTION OF EXISTING USES Commercial/Retail 1 Employee units TO - FROM: DATE: RE: �7A MEMORANDUM STEVE BURSTEIN, PLANNING OFFIVE ANN BOWMAN, PROPERTY MANAGER APRIL 21, 1987 APR 2 21987Jill 534 EAST COOPER EMPLOYEE HOUSING GMP EXEMPTION ISSUE: Does this proposal meet the need and intent of the Housing Authority? BACKGROUND: This his client, Lenny bedroom 1,253 sq. middle income emp: cial building at on Lots R & S, B] Core (CC). request is presented by BIll Poss on behalf of Weinglass for GMP Exemption to create a two ft. employee unit to be deed restricted to the Loyee guidelines within the site of the Shaft. .ock 95, City of Aspen a reconstructed commer- The property is located and is zoned Commercial STAFF COMMENTS: Section 24.11.2(f) of the City Code states "all employee housing units deed restricted in accordance with the city's adopted employee housing guidelines which are constructed pursuant to the residential, commercial and lodge development allotment procedures or pursuant to the density bonus provisions of this Code, and all units constructed as part of a pure employee housing project (that is, one containing all deed restricted and no free market housing development) subject to the special approval of the city council, based on the recommendation of the planning and zoning commission. The review of any request for exemption of units from the development allotment procedures shall include a determination of community need considering, but not limited to, the project's compliance with any adopted housing plan, including the number of units proposed and their location and the type of units proposed, specifically regarding the number of bedrooms in each unit and the size of the unit, the rental/ - sale mix of the development and the proposed price categories to which the units are to be deed restricted." The proposed two bedroom middle income unit (1253 sq. ft.) in staff's opinion is not needed as an employee unit. The sale price (if condomin- iuized) would be $164,143 and the rental price $1466 per month. This is clearly above the need for employee rental or sale. Staff recommends the unit be approved, but deed restricted to the moderate income guidelines. Rental would be $.85 x's 1000 =$850 per month and if it became a sale unit $93 x's 1000=$93,000. The applicant represents that he would like to have his manager occupy the unit and therefore needs the middle income guidelines. However, a two bedroom would allow an income of up to $53,494 and it is doubtful that the manager's salary would be greater than that which is allowed. The staff would further suggest that the standard rental deed restriction language be incorporated per the attached example. HOUSING AUTHORITY BOARD RECOMMENDATION: Approved staff recommen- dation. • 0 MEMORANDUM TO: Aspen Planning and Zoning Commission FROM: Steve Burstein, Planning Office RE: 534 E. Cooper Employee Housing GMP Exemption Case No. 2737-182-008/08A-87 DATE: May 27, 1987 LOCATION: Lots R & S, Block 95, Townsite and City of Aspen ZONING: CC (H) APPLICANT: Leonard Weinglass APPLICANT'S REQUEST: The applicant requests approval to create a two bedroom 1,253 square foot employee unit within a new commer- cial building, to be deed restricted to the middle income employee guidelines. The new structure replaces The Shaft building, utilizing reconstruction credit for the entire commer- cial space. BACKGROUND: The Historic Preservation Committee reviewed the project with regard to compatibility within the Commercial Core Historic Overlay District. Final approval for the design, including the employee unit, was granted on March 24, 1987. APPLICABLE SECTIONS OF THE MUNICIPAL CODE: Provisions of the GMP Exemption for employee housing are stated in Section 24-11.2(f). Review of a request for this exemption "shall include a deter- mination of community need considering, but not limited to, the project's compliance with any adopted housing plan, including the number of units proposed and their location and the type of units proposed, specifically regarding the number of bedrooms in each unit and the size of the unit, the rental/sale mix of the development and the proposed price categories to which the units are to be deed restricted." Required off-street parking for all low, middle and moderate income housing units approved and deed -restricted is established by special review of City Council according to Section 24-4.1(c). PROBLEM DISCUSSION: A. REFERRAL COMMENTS: 1. Housing Authority: In Ann Bowman's April 21, 1987 memorandum, the Housing Office and Housing Authority recommend that the employee unit be deed restricted to the moderate income guidelines, rather than the middle income guidelines as proposed. It is stated that if the unit were restricted to middle income guidelines, it would not meet a community need as an employee unit. Sale price would be $164,143 and rental price $1,466 per month. Moderate income sale price would be $93,000 and rental price $850 per month. The moderate income deed restriction should still be serviceable to the intended user, the store manager, allowing an annual income for a qualified renter of up to $53,494. 2. Fire Marshal: Wayne Vandemark noted no problems effecting emergency services for this project in his April 22 memorandum. PLANNING OFFICE COMMENTS; In the Commercial Core Zone District, permitted uses include "dwelling units -accessory to other permitted uses, and comprising less than one half of the total floor area of the building." The proposed employee unit would meet this definition. The unit should be deed restricted to a 6 month minimum lease, following Section 24-3.7(o), rental restric- tions, to further ensure its compliance with the "accessory unit" use. Staff agrees with the Housing Authority recommendation that the employee unit be deed restricted to moderate income guidelines. Their belief that no community need would be served by a middle income deed restriction appears reasonable because the sale and rental values would be considerably higher than most of Aspen's employees can afford. Middle income restricted employee housing appears to be ineffective in creating an affordable housing stock and, incidentally, is ineligible for points when evaluating GMP applications. As noted above, Council must set the off-street parking require- ment for this two bedroom employee unit. A garage with adequate space for two vehicles is included in the building design. While the use of the garage has not been specified, staff believes that the most reasonable and purposeful arrangement would be to provide two parking spaces for the employee unit. This would then comply with the standard 1 space/bedroom required in the City's residential and office zone districts, while not contra- dicting the auto disincentive policy that discourages excessive customer or (non-resident) employee parking. RECOMMENDED MOTION: "Move to recommend that Council approve the requested exemption from the Growth Management Quota System for the purpose of creating a two bedroom 1,253 square foot employee unit deed restricted to the Housing Authority's Moderate Income Guidelines, subject to the following conditions: 2 • 0 1. A deed restriction limiting rental and occupancy of the unit to the moderate income guidelines shall be filed to the satisfaction of the City Attorney and the Housing Authority with the Pitkin County Clerk and Recorder's Office prior to issuance of a Certificate of Occupancy for the structure. 2. The applicant shall restrict the unit to a 6 month minimum lease, pursuant to Section 24-3.7(o) of the Municipal Code." 3. The 2 space garage shall be restricted for use of residents living in the two bedroom employee unit. sb.131 3 • 0 OCCUPANCY DEED RESTRICTION AND AGREEMENT CARETAKER EMPLOYEE DWELLING UNIT THIS OCCUPANCY DEED RESTRICTION AND AGREEMENT (the "Agree- ment") is made and entered into this day of , by and between corporation (herein- after referred to as "Owner") and the Aspen/Pitkin County Housing Authority, a Colorado corporation (hereinafter referred to as the "Authority") organized pursuant to the Colorado County Housing Authority laws, as set forth in C.R.S. Section 29-4-501, et. seq. W I T N E S S E T H: WHEREAS, Owner owns a square foot dwelling (the "Dwelling") which is located on the real property (the "Real Property") described as follows: For purposes of this Agreement, the Dwelling, the Real Property and all appurtenances, improvements and fixtures associated therewith shall hereinafter be referred to as the "Property"; and WHEREAS, this Agreement imposes certain covenants upon the Property which restrict the Use and Occupancy of the Property to Employees and their families who are either employed by the project or who are employees of Pitkin County and fall with the Housing Authority Guidelines established and indexed by the Authority on an annual basis. 1 NOW, THEREFORE, in consideration of the sum of Ten ($10.00) Dollars and other good and valuable consideration, paid to the Authority by the Owner, the receipt and sufficiency of which is hereby acknowledged, it is agreed by the parties hereto as follows: 1) The Owner hereby covenants that the employee dwelling unit described above shall at all times remain a rental unit and shall not be condominiumized. Use and occupancy of the employee dwelling unit shall be limited to housing for qualified employees of the project or employees of Pitkin County whose rental rates are in accordance with rental guidelines established by the Housing Authority of the City of Aspen and Pitkin County or a successor thereto. The owner of the unit shall have the right to lease the unit to a qualified employee of his own selection. Such individual may be an employee of the Owner, or employed as a resident caretaker, provided such person fulfills the requirements of a qualified employee. "Qualified Employee" as used herein shall mean any person currently residing in and employed in the City of Aspen or Pitkin County for a minimum average of 30 hours per week, nine months out of any twelve-month period. An employee occupying the unit who is employed in Pitkin County shall meet the income and occupancy eligibility requirements established and applied by the Housing Authority with respect to employee housing. 2 2) Verification of employment of person(s) living in the employee unit shall be completed and filed with the Housing Authority Office by the Owner of the unit prior to occupancy thereof, and must be acceptable to the Housing Authority. If the Owner does not rent the employee unit to a qualified employee the unit shall be made available for occupancy in accordance with the Housing Authority Guidelines, provided the Owner shall have the right to approve any prospective tenant, which approval shall not be unreasonably delayed or withheld. 3) The employee dwelling unit is limited to occupancy by not more than two adults and related children. Resident adults must qualify as, and have been found by the Housing Authority to be, employees of the community and residents thereof as referred to above. 4) No lease agreement executed for occupancy of the employee dwelling unit shall provide for a rental term of less than six consecutive months. 5) These covenants shall be deemed to run with the land as a burden thereof for the benefit of, and shall be speci- fically enforceable by, the Board of County Commissioners of Pitkin County, the Housing Authority of the City of Aspen and Pitkin County, or the duly authorized designee of the Board of County Commissioners of Pitkin County, by and appropriate legal action including but not limited to injunction, abatement, or eviction of non -complying tenants 3 during the period of the life of the last surviving member of the presently existing Board of County Commissioners of Pitkin County, Colorado, plus twenty-one years, or for a period of fifty years from the date of recording hereof in the Pitkin County real property records, whichever period shall be less. IN WITNESS WHEREOF, the parties hereto have executed this instrument on the day and year above first written. OWNER: BY: --------------------------------- NAME: ------------------------------- Mailing Address: t STATE OF COLORADO) ) ss. COUNTY OF PITKIN ) The foregoing instrument was acknowledged before me this day of 19 by Witness my hand and official seal. My commission expires: ------------------------------- Notary Public 4 ACCEPTANCE BY THE HOUSING AUTHORITY The foregoing agreement and its terms are accepted by The Aspen/Pitkin County Housing Authority. HOUSING AUTHORITY OF THE CITY OF ASPEN AND PITKIN COUNTY, COLORADO BY: ----------------------------------- Chairman Mailing Address: 530 E. Main Street Aspen, Colorado 81611 STATE OF COLORADO) ss. COUNTY OF PITKIN ) The foregoing instrument was acknowledged before me this day of 19 by Witness my hand and official seal. My commission expires: ------------------------------- Notary Public '61 APR 2 21987 I� MEMORANDUM` -`- To: Steve Burstein, Planning From: Wayne Vandemark, Fire Marshal Re: Weinglass Bldg. Date: April 22, 1987 I have reviewed this application and the preliminary prints. There is ample water to service this structure should a fire occur. The project will have to be equipped with an automatic fire alarm system. Response time is three minutes from the Fire Station. -' • ' ; 4I to I !I .,L t Policy Numb- 4 Policy Amount 7 E Iln, tivr Date l HI :A: WA - AND IS NO A I Alit 2 Properly Type 5 Premium 8 Survey Amendment THE P(" ICY 3 Countyiglik. 6 Rate Rule 9 Additional Chains I8S Now W 2 3 4 5 6 7 B 9 t,qjiryers Title Insurance Orporation Schedule A OWNER'S POLICY CASE NUMBER DATE OF POLICY AMOUNT OF INSURANCE POLICY NUMBER THE POLICY NUMRER SHOWN ON rHls SCHEDULE MUST PCT-987-86 OCTOBER 10, 1986 $1,115,000.00 85-00-673610 AGREE WITH THE PREPRINTED @ 1 : 4 2 P.M. NUMBER ON THE COVER SHEE T 1 Name of Insured LEONARD WEINGLASS 2 The estate or interest in the land described herein and which is covered by this policy is: IN FEE SIMPLE 3 The estate or interest referred to herein is at Date of Policy vested in. C- LEONARD WEINGLASS 4 The land referred to in this policy is describ as fol okvs: 4, THE EASTERLY 2, FEET OF LOT Q, D BALL OF LOTS R AND S, BLOCK 95, IN AND TO THE CITY AND TOWNSITE OF ASPEN, COUNTY OF PITKIN, STATE OF COLORADO. TKIN IT,LE J KNC . Policy 85 Wev 2 i Form No 035-0-0 IUA(%i" ASPEN, (nT.nRAnn nl„awn/• n,nn„r,rrd 011¢r� or Agenl Issued of (loutronl This Policy is Invalid unless the cover sheet 3 and Schedule B are attached ALTA Owner's Policy Form B 1970ERev. 10.17-701t W 1a17-94) La uyers Title Insurance Orporation OWNER'S POLICY i ' THE POLICY NUMBER SHOWN ON THIS SCHE CASE NUMBER DATE OF POLICY ' POLICY NUMBER MUST AGREE WITH THE PREPRINTED NUMBER PCT-987-86 OCTOBER 10, 1986 ON THE COVER SHEET 85-00-673610 Schedule B This policy does not insure against loss or damage by reason of the following: 1 . Rights or claims of parties in possession not shown by the public records. 2 Easements, or claims of easements, not shown by the public record. 3. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, and any factswhich a correct survey and inspection of the premises would disclose and which are not shown by the public records. 4 Any lien, or right to a lien, for services, labor, or material heretofore or hereafter furnished, imposed by law and not shown by the public records. 5 Unpatented mining claims, reservations or exceptions in patents or in Act authorizing the issuance thereof; water rights, claims or title to water. 6 Taxes for 1986 not yet due or payable. 7. Terms, conditions, provisions, restrictions and obligations in Deed from the City of Aspen providing: That no title shall be hereby acquired to any mine of gold, silver, cinnabar or copper, or to any valid mining claim in possession held under existing laws; and provided further, that this deed is hereby made and declared to be subject to all the conditions, limitations and restrictions contained in Section 2386 of the Revised Statutes of the United States, as recorded January 04, 1888 in Book 59 at Page 248. 8. Terms, conditions, provisions and restrictions as set forth in Mining deed recorded in Book 105 at Page 66. 9. Terms, conditions, provisions and restrictions, as set forth in Mining deed recorded in Book 106 at Page 482. 10. Terms, conditions, provisions and. restrict ions as set forth in Mining deed recorded in Book 125 at Pagel. aI 11. Terms, conditions, proviizons and obligations as set forth in Notice of Historic Designation, recorded January 13, 1975 in Book 295 at Page 515. 12. Any loss or damage as result of any Leases, Agreements or Contracts between any parties concerning the subject property. 13. Terms, conditions, provisions and restrictions as set forth in AGreement recorded February, 23,, 1965 in Book 211 at Page, 55J, Policy 85 Rocky Mt (Rev. 2.79) Litho in U.S.A. Form No. 035-0-085-0502/2 ALTA Owner's Policy -Form 8 1970(Rev. 10-17-70and 10-17-84) ORIGI"/;l_ Copyright 1969 MEMORANDUM TO: City Attorney Housing Director Fire Marshall FROM: Steve Burstein, Planning Office RE: 534 East Cooper Employee Housing GMP Exemption DATE: April 9, 1987 Attached for your review and comments is an application submitted by Bill Poss on behalf of his client, Lenny Weinglass requesting GMP Exemption to create a two bedroom 1,253 sq. ft. employee unit to be deed -restricted to the middle income employee guidelines within a reconstructed commercial building at the site of the Shaft. The property is located on Lots R & S, Block 95, City of Aspen and is zoned Commercial Core (CC). Please review this material and send your comments to this office no later than April 30, 1987 in order for this office to have adequate time to prepare for its presentation before P&Z on June 2. Thank you. • • CITY.;....:.QF `ASPEN 130 s'out1hgalena street aspen`;; c:olora, " 81611 3'03-925 -2020 LAND USE APPLICATION FORM DATE SUBMITTED `March 31, 1987 FEES NAME Lenny Weinglass c/o Bill Poss, Bill Poss and Associates ADDRESS 605 East Main Street, Aspen, Colorado 81611 PHONE 925-4755 NAME OF PROJECT 534 East Cooper Avenue PRESENT ZONING (CC) Commercial Code LOT SIZE. 6,000 S.F. M 0.00 LOCATION Lots R & S, Block 95, City of Aspen (indicate street address, lot and block number. May require legal description. A vicinity map is very useful.) CURRENT BUILD -OUT N/A —sq. ft. N/A units PROPOSED BUILD -OUT 1253 sq. ft. 1 'Employee units DESCRIPTION OF EXISTING USES Commercial/Retail DESCRIPTION OF LAND USE PROPOSAL 1 Deed Restricted Employee Unit, accessory to a Commercial f'etail Project, for `anarer or Employee of Retail Project. TYPE OF APPLICATION APPLICABLE CODE SECTION (S) :PLAT AMENDMENT REQUIRED G71,T Exemption, Deed Restricted Alousing Unit Sec. 24-11.2 YES DATE PRE -APPLICATION CONFERENCE COMPLETED March 17, 1987 Steve Burstein NO ATTACHMENTS: 1. All applicants must supply Proof of Ownership in the form of a title insurance commitment or statement from an attorney indicating that he/she has researched the title and verifies that the applicant is the owner of the property (free of liens and eucumbrances.) 2. If the process requires a public hearing, a Property Owner's List must be supplied which gives all owners within 300 feet in all directions in some cases and adjacent owners in some cases. 3. Number of copies required (by code and/or in pre -application conference.) 4. Plat by Registered Surveyor Yes No PRE —APPLICATION CONFERENCE SUMMARY r 0 PROJECT: S�laT pw a4 w� GMp AI�PLICANT' S REPRESENTATIVE• 8111 Posy REPRESENTATIVE'S PHONE: 1�5-4755 OWNERS NAME: SUMMARY 1. Type of Application: Cb✓►ftiercl") GIMP 2., D, fDe-scribe action_/et-y7ype o♦�f� development A�being --requested: l� E �If� �n f I ruct4W nyv II W/ ^ a4_-- /" - ��Wah�1 JCL �A.l TN „o►►Nn ar /fi b. d k -A4 4,0- Q Lo � n I A�+� A,-4 dwe&k l rt*✓iimo 3. Areas in which Applicant has been requested to respond, types of reports requested: Policy Area/ Referral Agent Comments Z t Y1 i r1 � N (, f y A tf o r"ty - � P �y►+� �/^ ' �,snvttMb ehaVAILl"Als if i 4y'r4coftfkd w-1h,;f 4ow) 14 PC _ k1st"ic Com ntab.lity sfer;Als � withws look wi4J7 COAst an i��p,rLlic row.e► 10yet 30tv'st0h 4041i1'4. � fvoi%"W f0".sts �hV►rinrhe,►t.� NeAltl, _ C0/1ffr�,fIA 4. Review is: (P&Z Only) (CC/BOCC Only) (P&Z then to CC/BOCC) S. Public Hearing: (YES) (NO) 6. Did you tell applicant to submit list of ADJACENT PROPERTY OWNERS? (YES) (NO) Disclosure of Ownership: (YES) :(NO) 7. what fee was applicant requested to submit: OB Anticipated date of submission: t COMMENTS/UNIQUE CONCERNS: P604 60 ii --f Ja r yh A em ortµ c 0tv +a Jjl "VAP RU +y► ) 4f t:r 1,1 [is +L p{/y��T(� � .� �yrt,•- jN AM�At�r� ?] �oss � 4k--, itt V ftj S "(�I C�r� t Npt I� aNA /1►� (Inl�i. lot �t/lv L_ �t �strMll if o1i . NNW IF I ' � I � Go.Izp.GrE O I BASEMENT LEVEL I I I RETAIL LEVEL I r, i I i - _ -=e — Almm I I21- III I::�a.T 10 MEZZANINE LEVEL Issue: 3 S•Y�7 FF,I�G_ I�zE.LIM THE PURPOSE OF THIS DRAWING IS ONLY TO GRAPHICALLY DEPICT THE GENERAL NATURE OF THE WORK THE CONTRAG TOR B RESPONSIBLE FOR COIFI TANG DIMENSIONS, AND SELECTING FABRICATION PROCESSES AND TECHNgUES OF CONSTRUCTION. THE ARCHITECT SHALL BE NOTFBD OF ANY VARIATIONS FROM THE DIMENSIONS AND CONDITIONS SHOWN BY THIS DRAWING. ONCEPTUA FLOOR PLANS scale: 1 1% V?l - I -o © WILLIAM JOHN POSS NORTH_: ^I-a]UAA PARTIAL EAST ENTRY r- WEST EAST- PARTIAL.SOUTH - ,,xyqt-41r4& C;L - V," - mommoaff- 5AG t )5 4t m Issue: THE PURPOSE OF THIS DRAWING IS OKY TO GRAPHICALLY DEPICT THE GENERAL NATURE OF THE WORK. THE CONTRAC TOR IS RESPONSIBLE FOR CONFIRAIING DIMENSIONS, AND SELECTING FABRICATION PROCESSES AND TECHNIQUES OF CONSTRUCTION THE ARCHITECT SKALL 86 NOTIFIED OF ANY VARIATIONS FROM THE DIWNSONS AND CONDMDNS SHOWN BY THIS DRAWING ELEVATIONS] , !�� -o Scale: � I- 1 I - I Oc —WILLIAM JOHN POSS rHON� I�t�CJ'JIAL a � �E-iri�Ter�l. C•�OwAlzp O EXISTIIJGr 1.14HT Zo -Ou • ,'t •sue., 1 I ..r I � I -IPA 10� I� a .::;'?:•-.-.;r:,:�c�;.. ..^.�;-fir.•;• A6 F� EG'2L-! 1 Rip AFT �ouTlnrl � �x15TI�1GT IL.t;IW& Q r:. a N cav�a. �IR����.i�• I 4 �trA� ov6a��.,LL. �P6 RUDTUIFZAL - I - I I 2i1 GGGh.iG. Tt�r�PING '19 -4At ��:':'••Sq':R'•::; a dls'i:"ti'nY•1S'. s i•i' :................. .... . . N I t --IV 1911 t- � IZ - 874-Z-a.l Ie�v' �Ua.2t. IN•�to.L-1. AI7JAG.EWT 'Z�GLiFZP,s- �120� i r�E, 5n. a..NG'L.,� r3Y MFCrIZ I — vEIJ Slf��ltil�k �F•fp.LL I?�ti✓ f- ':- ��- �.ISTR�IGTEr� Tv ArJ� ExISTI I.1Gr Sir�EWAJ..-KS ShtA,l.l.- C3� R�Pf+Jt�Er.� --1,4' r3-rWW Pr,aP. L.IQF, dT� N F-�tzM,6,T IC>t� DE 'IGT�I7 df`I TM -IS I��1 �•�+°'�ZD I I�(Gt C7ISTLa�I Gt✓S , M ,-r 5 u�.t 5 lrvvca .-r I o FROM Atil 1 MI"'20�rI:,M�.i�l T 'SI.b2�/EN i��' �4 L. P I �l E� 'Sl..� 2e/E•Y�a N G ., i�.'1• E.P fxT , 31�!� I"I f�4 , J05 -0 PXo - 13 0 . �x 1st I �.JGr CFIKE, HYL�IzdNT EK ISrI u41r " 44,N5:1IGo.PPEi� �u�I3 cur -ice REMAIu �AS�+E.o L..I NiE I Nf7IG� PERIMG�f- rL of E•XI'�TIN�r STrzu�ruRE -ib F.3E I� nL.IStt�D. '�F•i�l� uINE INDIGv.TE.h Pt;RIMET� of h161A.1 coti'�srrzU�irla �' I I PI�PF.,12TY ;� i I.I t✓ G'ut2('r Li4.l�. �T FoUurjaTlo�l �G�k. Z " ��M PRoPErz'1`( t✓I � E To 1*Ulc� W A PPI.., ICAT 10 f.1 OK RIGID I�.ISUL1aTipl.1 ANb OVE-�ZHAQ(r d:)F STa.IE PAP.AP5.;f GAIxJ Issue: ;•aa �� 3�>� �wvuT THE PURPOSE OF THIS DRAWING IS ONLY TO GRAPHICALLY DEPICT THE GENERAL NATURE OF THE NOW. THE CONTRAC TOR S RESPONSIBLE FOR CONFIFA" DIMENSIONS, AND SELECTING FABRICATION PROCESSES AND TECHNIQUES OF CONSTRUCTION. THE ARCHITECT SHALL BE NOTIFIED OF ANY VARIATIONS FROM THE DIMENSIONS AM CONDITIONS SHOWN BY THIS DRAWING. SITE / LANDSCAPE PLAN IScale: I/+ = I - GO II Alml 'D2�0 WILLIAM JOHN POSS MAIN LEVEL I � u Scale: /9 :I o OL I 20 - z y>7, n 4 I �� -._ 41-8-M•o. 2-0 /4.6' mL. 3 .�'It, Z��4 F•o.t=. 3A I' -- Iv-" _ 10-v ----- 10 I 4 " z A AT. I G ,o. o _ Az4 11 T LY 114 ron � r-- A7.3 - - .Lo WAu- t l - ---� CAP. It. I'EgIME'iE2 WA.L-l., WAiL�s IUM- rJIJ ' �I.d7f''E GV�JG• I�EL1L _ I � I y .I l9 r -I Z O �� rI � ro —ri`- fz�F t�t2c.ltil, 'C'Y c�: Q LceoTlc-'N�, < s M�G►I. 6''rC,' r%F�LIL �v 9 8'Fo M N N DR/�IfJ I 1hu;)K -_ I , l - - - - -- 'o • cow -III - I Z -..__-_ � 3 1 - rsr-L-< l ! o t- AXZ I - i � DEED RESTRICTED RESIDENCE I i Ci 3 42° H16H z �i GENE 1. t low THIS6'T — 7.0.�q.1 I I• I`i F� "Ta I•t�+vE lxST NW'T1C. I 1 o l I H12. WRLILAV r+1z WG� P'T 51-I-pT J 18 "1kilo O Ws 17 1-177 0 N p t n s f --- E - 1 oPE�J •TC� N-__- -- --_ - - - - - --_- - -- - o A I i I r AO- - / 4 3 /11 � 3rZ 8 —I 8 IGl ' �• .. - 8 i8 1�,' ` �I , ij i* , u � , 3 g 5 Z /r �lw 4 Z n I^ ,r 6\ - v r1 L� MEZZANINE AND • RESIDENCE Scale: 1/411. I !'III A23 5AI11�5TON�i (:At* T-P c PARP �6T T 127 cANOGION6 oRNAM64Ts -- 0 60 Sr�Ntx�7oNE = f • 5aND51bN� 13ANtX, ,�, 3.o,c�rtD9ToN6 (1of-oo Tom b� cv�;c.�t1t� �d i • CAA Ihl N•I N6 - - - - -- .L i I I I i 0 i I G I • SOUTH I • I , � 'I i� I � I! I I I 1-- I - -- I �� I I l NtJ Mf r l i j RTtt --- i • I I II I I I, I � ----r • i '--- T _- I - -- \ - - 7dN�7 - - -- _. — \ -- - - ��-Af�(Xs"iDNFi � �iC'i EI,G'�/,aTPoIJ 3-3,3 ' MOOD 5�B Iil.rVArloN '2 3.3 [3�5�s(T7�i YoR Nolzt}{ G-N1'Ry PAN�� I ' 1%0� �Tht li�r�y 2 EAST A3.1 5AN Pl�-TON E� GAJ' TOP of PAKa.PE? �- 5/'Nt�TaNFi LINT6� AVk NC,,CIYP) SANpsTbN� BANNS E3o-SANDSTdN -� 114 �6 •S4,k4pSTokle, OF4l w twr 112'•0l' � 60. �AIJl�5ToN5 TT01-o" SANDSTCHE SANeST�16 �E7 �.F�/ATIc7IN - qv , �a ELEVATIONS IScale: 1/�II A3ml • CAA Ihl N•I N6 - - - - -- .L i I I I i 0 i I G I • SOUTH I • I , � 'I i� I � I! I I I 1-- I - -- I �� I I l NtJ Mf r l i j RTtt --- i • I I II I I I, I � ----r • i '--- T _- I - -- \ - - 7dN�7 - - -- _. — \ -- - - ��-Af�(Xs"iDNFi � �iC'i EI,G'�/,aTPoIJ 3-3,3 ' MOOD 5�B Iil.rVArloN '2 3.3 [3�5�s(T7�i YoR Nolzt}{ G-N1'Ry PAN�� I ' 1%0� �Tht li�r�y 2 EAST A3.1 5AN Pl�-TON E� GAJ' TOP of PAKa.PE? �- 5/'Nt�TaNFi LINT6� AVk NC,,CIYP) SANpsTbN� BANNS E3o-SANDSTdN -� 114 �6 •S4,k4pSTokle, OF4l w twr 112'•0l' � 60. �AIJl�5ToN5 TT01-o" SANDSTCHE SANeST�16 �E7 �.F�/ATIc7IN - qv , �a ELEVATIONS IScale: 1/�II A3ml ,4��MINtJM FRAME SKYUbNT SYST'�M �Y�Nd 5,�f�Ib9ToN6 GAP Tvl' of FAA4,PE_T - I _o - -- -- ---- - -- -- - --� _ - -- - -- - ----- _--- gAN I7g7oN E u N M4 -_ _ -- ------ --- -- -- Toh of PLYf�lUolo ---- --- - -- El __ --------------- O O - - --- - - - - _.. ToN �N�6 -- - - -- - "f 1.a712 __ - SANPrair7NE -- CiANK7 �ppW I°f�INT�t7 _ Bt1YoNd 2j P�BYoND ��, -- - c �41JDSTt�fJB FLUSH I�ANG-i- \4) — BASS (��C�E gooR • - \ Tv P v G Gv �I G R ATE ELr,-VATIvN -- n CISI �U �AtION . NORTH _ JE NANE�L- G 2 WEST _ A3.2 ELEVATIONS Scale: A3v2