HomeMy WebLinkAboutcoa.lu.gm.534 E Cooper Ave.08A-87
CASELOAD SUMMARY SHEET
City of Aspen
7"7g7_1.r;Z -,;]L/-Oo g
c;~)g7
DATE RECENED: 4/lif7 cASS NO.
DATE RECENED COMPLETE: STAFF:
PROJECT NAME: 5:3'/ EQs-r Coooer-ErnD/oyPp !/OlJoSt'n:; G-t1P EX.eJhPflOl}
APPLICANT: L ennJ lJe/nq/~ss I /
Applicant Address/Fhone: 0
REPRESENTA'l'NE: 73;1/ 70ss
Representative Address/Phone:
60S E.N'lI;' ./f.soen. co
. /
5"-1/-75"6
Type of Application:
1. GMP/Subdiv ision/PUD
1. Conceptual Submission
2. Preliminary Plat
3. Final Plat
20
12
6
$2,730.00
1 , 6 40 . 0 0
820 .00
II. Subdivision/PUD
1. Conceptual Submission
2. pr el imi na ry PI a t
3. Final PlAt- -
.14.,
9
SlfD-Q.!}.. O-g-~_._- '..-
1,220.00
820.00
$1.490.00
III. All
"Two
Step" Appl ications 11
\-lc;::.......oJcvcl ~c"'u..v'Je Of\. 'Y''=><..:.(.c> bec-<--L~':>c=:..-
Step" Appl ications \,...-.......l\l~ ~Ke. \e.-55 \\,......,.~
$ 680.00
IV. All
"One
V. Referral Fees - Environmental
Health, Housing Office
1. Minor Appl ications
2
,/
$
50.00
2. Major Applications
Referral Fees-
Engineering
Minor Applications
Major Applications
5
$ 125.00
80.C8
200.00
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REFERRALS:
.-JL
L
Ci ty Atty
City Engineer
Housing OiL
Aspen ~iater
City Electric
EnviL IHth.
L
Aspen Consolo S. D.
Mtn. Bell
Parks Dept.
Roly C~oss Electric
Fire Marshall
Fire Chief
Roaring Fork Transit
School District
Rocky Mtn. Nat. Gas
_ State Hwy Dept (Glenwd)
_ Statellwy Dept (GLJtn)
Bldg: Zoning/Inspectn
Other:
Roaring Fork Energy Center
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----------------------------------------------------------------------
FINAL ROUTING:
DATE ROUTED:
INITIAL:
City Atty
_ City Engi neer
Building Dept.
Other:
Oth er:
FILE STA'l'US AND LOCATION:
CA;:E DISPOSITION: .' 'i L. (.-:pc', t:r,lq" "i^/_>, I,,}
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, ,spen P&Z Ci ty COldcil
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F..e'Jie\'IC(~ By:
;iSPe:r. P&Z
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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
minimum lease, pursuant to section 24-3.7 (0)
Municipal Code."
6 month
of the
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Re-qul-a-r-He-eti rrq~------"2l?"n - Ci ley' _!".'QllJl.d..l
.I.l.l1w22 ,1987
to July 27, 1987; seconded by Councilman Isaac.
motion carried.
.'\11 in favor,
~P.XEt1PTff)N - 534 East Coo12er 'Employee Unit
Andy Hecht, representing the a;)plicant, told Council this
building is located on the northwest corner of Hunter and Cooper.
It is being constructed on plans approved for a building permit.
Hecht told Council this building does not have the full floor
area ratio pE:rmitted by the site but has the full f'l\R permitted
for replacement of the previous building. Hecht said they would
like to take the remaining floor area permitted if they had GHP
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 Council's policy
in the commercial core with employee housing never to require
parking in the 25 units that have been approved under GHP. 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 tlw 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 ~Iant 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 GHP quota system for the purpose of creating a two-bedroom
employee unit with two conditions; seconded by Councilman Tuite.
15
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Regul ar-Me-eTI.-rrg-----------:::l\::;PJm-City::counci 1
June -2-2.1987
All in favor, with the exception of Councilwoman Fallin.
carried.
Motion
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
problem. Burstein said Council
requirement for this development.
to take action on the parking
is establ ishing a zero parking
Council said yes.
EllML--PIiAT -SttlIDI.\1rSION - 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 appl icant,
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,
to include the final plat for the Agate; seconded by Councilwoman
Fallin. All in favor, with the exception of Councilman Gassman
and Mayor Stirling. Motion carried.
OR~rNlrt,ee-i23. 1~~7 - 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 Z OL INE TO
TWO OPEN 'SPACE CONSERVATION EASEMENTS ACQUIRED BY THE CITY
IN DECEMBER, 1981, AND NOVEMBER, 1982, FROM JOSEPH ZOLINE
FOR THE PURPOSE OF CORRECT ING AN ERROR APPEARING IN THE
LEGAL DESCRIPTION IN THE DEEDS CONVEYING THE EASEMENTS; AND
AUTHORIZING THE ~ffiYOR 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
.,.."
MEMORANDUM
FROM:
Aspen City council
Robert S. Anderson, Jr., city Manager ~
steve Burstein, Planning Office ~
534 E. cooper Employee Housing GMP Exemption
Case No. 2737-182-008/08A-87
TO:
THRU:
RE:
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).
---
-
--
,,, .,'
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(0), 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 (0) 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:
~ UwCIJ.{. ~
ID_~L-ittl
sb.131
3
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-
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I
,
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-'
605 EAST MAIN STREET
ASPEN, COLORAD081611
TEL. (303) 925-4755
r'larch 31, 1987
Mr. Steve Burstein
Aspen/Pitkin 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
,
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-'
CITY,.@F'ASPEN
4:',<;."" ;,,::
130 's'~I1J~,gale~lI~street
asp;~~'~~?i)jlir':tll:~t:,'81611
303-925-2020
LAND USE APPLICATION FORM
DATE SUBMITTED March 31, 1987
FEES
$730.00
NAME Lennv h.einQ:~ass. cIa Bill Poss. Bill Poss and Associates
ADDRESS 605 Zast }~in Street. Aspen. Colorado Bi6ll
PHONE
925-4755
NAME OF PROJECT S14 East COODer Avenue
PRESENT ZONING (r.r,) COffi~ercial Code
LOT SIZE 6.000 S.F.
LOCATION
Lots R & S. Slock 95. City of Aspen
(indicate street address, lot and block number. May require legal
description. A vicinity m~p is very useful.)
CURRENT BUILD-OUT
N/A
sq', ft.
N/A
u-nits
PROPOSED BUILD-OUT
1253
sq. it.
1 Employee
units
DESCRIPTION OF EXISTING USES Co~mercial/Retail
DESCRIPTION OF LAND USE PROPOSAL
-.)eed ~.zestricteci Zmployee Cnit. accessory to a
Comj'iH~rcial8.etai1 i?roiect. for ;.:ana..;er or EnlP!Oyee of Retail Project.
TYPE OF APPLICATION
Gl1P Exemption. Deed Restricted Housing Unit
APPLICABLE CODE SECTION (S)
3ec. 24-11.2(F)
PLAI ANENDNENT REQUIRED
YES
x
__NO
DATE PRE-APPLICATION CONFERENCE COMPLETED March 17, 1987
Steve Burstein
ATTACHflliNTS: 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
...-~. -, )
"."
LAND USE APPLICATION FORM
DATE SUBMITTED March 31, 1987
FEES
$730.00
NAME Lennv 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 CooDer Avenue
PRESENT ZONING eCC) Commercial 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 m~p is very useful.)
CURRENT BUILD~OUT
N/A
1253- .
sq'. ft.
N/A
UI\its
PROPOSED BUILD-OUT
sq. ft.
1 Employee
units
DESCRIPTION OF EXISTING USES Commercial/Retail
MEMORANDUM
\D)~ ~ DW ~rm\
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11\ \ I !!
IU\1i _____" /,1
L J
OFFIVE
TO:
STEVE BURSTEIN, PLANNING
FROM:
ANN BOWMAN, PROPERTY MANAGER
RE:
APRIL 21,1987
534 EAST COOPER EMPLOYEE HOUSING GMP EXEMPTION
DATE:
ISSUE: Does this proposal meet the need and intent of the
Housing Authority?
BACKGROUND: This request is presented by BIll Poss on behalf of
his client, Lenny Weinglass for 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 commer-
cial 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).
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.
A.
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.
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(0), 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
-_.,~
. p
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
minimum lease, pursuant to section 24-3.7 (0)
Municipal Code."
6 month
of the
3. The 2 space garage shall be restricted for use of
residents living in the two bedroom employee unit.
sb. 131
3
,"'''-
,;
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 corpo~ation (herein-
after referred to as "Owner") and the Aspen/Pitkin County Housi~g
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.
WIT N E SSE 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
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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
in accordance with rental
rates are
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 ~e 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
_,.,~"",_~,~"",_"~,____'.A.,._,"'_--=C~'_
.............
. ,
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 occupancf 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:
..
::.i"
"
STATE OF COLORADO)
) ss.
COUNTY OF PITKIN )
The foregoing
day of
instrument was acknowledged before me this
,19 ,by
Witness my hand and official seal.
My commission expires:
-------------------------------
Notary Public
4
r "",
. ?
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)
)
COUNTY OF PITKIN )
ss.
The foregoing instrument was acknowledged before me this
day of , 19 ,by
Witness my hand and official seal.
My commission expires:
---"-
,
=.-;-
;.
-------------------------------
Notary Public
5
."., .._,.----------.~-~""''"'-~~,...............- .-.........
J
11
,
APR 2 2 1987
i
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,
r _,',',I!,'" I f'ul".:y Numtw! 4 1\'111;)' Arnounl 7 f.II.., IIYI' 0111"
.1 I<rO~,1 O~H' ANn IS NOI A I'AIl! 2 P'OJW'f!Y Type 5 P,emlum 8 Survey Amendment
'H lHt r(11 ICY J ((.unly T 9 Ar1(hllonal Chams /
1--- IDS- [
I~S 17 ,
2 3 4
I. D
~rs 11tle Insurance (9rporatton
OWNER'S POLICY
Schedule A
CASE" NUMBER
DA l( OF POLICY
AMOUNT OF INSURANCE
~ POLICY NUMBER
THE POLICY NUMBER SHOWN
ON THIS SCHEOULE MUST
AGREE WITH THE PREPRINTED 85-00-6736 10
NUMBER ON THE COVER SHEET
PCT-987-86
OCTOBER 10, 1986
@ I :42 P.M.
$ I , I 15,000 .00
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
<?
LEONARD WEINGLASS ",-r',,<0-Ji
/?'- \ Ii \\
4 The land refefred to in this polley is describ~as( o,b~s;)) ~S: J->
,,-~~~Y
THE EASTERLY 21 FEET OF LOT Q, ~LL OF LOTS RAND S,
BLOCK 95,
IN AND TO THE CITY AND TOWNSITE OF ASPEN,
COUNTY OF PITKIN,
STATE Of COLORADO.
C.
A~PF.N, r.m nRAon
Issued ., IlocatlOnl
This Polley IS Invahd unless the cover sheet
and Schedule Bare allached
Om(;1~.'^l
ALTA Owner'. PoIq Form B 1970 (Rev. 10-17-10-.1 10-17-84)
r..~ IIfJ,o.... ._-
^h__""~~__"';;'_'_
l.IDvYers lltle Insurance (9rpomtion
OWNER'S POLICY
CASE NUMBER
, .'
DATE OF POLICY
,.--
"
THE POLICY NUMBER SHOWN ON THIS icH~ ~
MUST AGREE WITH THE PREPRINTED NUMBER ,
POLICY NUMBER
PCT-987-86
OCTOBER 10, 1986
ON THE COVER SHEET
85-00-673610
Schedule 8
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 facts which a correct survey and inspection
of the premises would disclose and which are not shown by the public records.
4. Any lien, or right to a lien. for services, labor, or material heretofore or hereafter furnished. imposed by law and not shown by the
public records.
5. 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
recorded in Book 105 at Page 66.
restrictions as set forth in Mining deed
9. Terms, conditions, provisions and
recorded in Book 106 at Page 482.
restriction~ as set forth in Mining deed
t-~ '
c;~
10.
Terms, conditions, provisions alld..restrictio,hs- as set forth in Mining deed
recorded in Book 125 at page, I" _
Terms, conditions, provj~ru;'a~d obligations as set forth in Notice of
Historic Designation, recorded January 13, 1975 in Book 295 at Page 515.
11.
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
recon1.ed F.ebruary, 23, 1965 in Book 211 at Page, 55),
Policy 85 Rockv Mt. (Rev. 2-791 Litho in U.S.A.
Form No. 035-()'085-0502/2
ORIGI"'^L
ALTA Owner's Policy.Form 8 1970 (Rev. 1().17-70.nd 1()'17-84)
Copyrtght 1969
_,__~,."~",,,,_"'mW.^'~N''''__''''''~
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,;j@F':ASPEN
4l:\',:,~>'~" .'::;~' ,- - ., ..'. ',..:,~
13 0 lS.g.~tb,:,gllle~ ~>SJre e t
a s i-.t"~frc~oTor'a'*"d;'6''':'81611
PJl~,"',.J, " "..,..'.'....,
303-925-2020
LAND USE APPLICATION FORM
DATE SUBMITTED ~~rch 31, 1987
FEES
.?]30.00
NAME Lennv Wein21ass. c/o Bill Poss. Bill Poss and Associates
ADDRESS 605 East Main Street. Aspen, Colorado 81611
PHONE
925-4755
NAME OF PROJECT ')34 East CooDer Avenue
PRESENT ZONING (Ce) Corr~ercial 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
1253
sq'. ft.
N/A
units
PROPOSED BUILD-OUT
sq. ft.
1 Employee
units
DESCRIPTION OF EXISTING USES Commercial/Retail
DESCRIPTION OF LAND USE PROPOSAL
1 Deed aestricted Employee Unit. accessory to a
Conuoercial ~etail Proiect. for ',anager or Employee of Retail Project.
TYPE OF APPLICATION
ffi1P Exemption. Deed Restricted Housing Unit
APPLICABLE CODE SECTION (S)
Sec. 24-11. 2 (F)
;FLAT AJ>lENDMENT REQUIRED
YES
x
NO
DATE PRE-APPLICATION CONFERENCE COMPLETED March 17, 1987
Steve Burstein
ATTACH~lENTS: 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
I-~:l-~r
PROJECT: 'ShaN R~oJ. ~ GtAP
APPLI CANT'S REPRESENTATIVE: 8,11 PO) ~
REPRESENTATIVE'S PHONE: 1~)-~755
OWNERS NAME:
W-lUf\jla'5
SUMMARY
1. Type of Application: CoVl1ll1u,i.1 C,MP
2. Describe action/type of development being reques~ed:
O~ till'\.^l ,t",t...... ~ r..:W, ~ J.1f' r. ,l,oJuJJ U. to J.- -tJv
.r",t.~ <>1\H.<1~ ~fll~~~.Ant."f',j,"'1fop
~. d.jP<A~~,
3. Areas in which Applicant has been requested to respond, types of
reports requested:
Policy Area/
Referral Agent
20n:,,~ otf",J
efy Atfor.ty
HO,)>I01 A,1L.,;f."
J;lill;IIM/o<ot,1 HI^I'~
Comments
NfJ,,,+L {1,J,;fl.nt~'"r~' uvJJ-
D~.",J~J~
T ~ J .JJJ;.t,. ,(,~ I <h"ouL..."l ifi'iJ"'t.,r4 ,,It...II(I) JDIH)
hi,t,,;, c.., .t,~,"t t .1..;.1> r ",i.Io.... 1.,1( "i"I] CQIl,t., ,j,<JvIC .ft
t t f. """I;, r.~"'.
< I,.flDye~ ~tnt" 10" . o~li:j".no .." ~('" '0,"" Sr."" r
Co~rt".t,Jn W,~+"
f~w,
f~ PC
4.
Review is: (P&Z Only) (CC/BOCC Only)
Public Hearing: (~~S) (NO)
(P&Z then to CC/BOCC)
5.
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:
8. Anticipated date of submission:
9. COHHENTS/UNIQUE CONCERNS: Pb!J4. ~~~/,~ ~ f~( ~1400cp.
J:J -Ih~t k c-.,., j.., ~ (Ol~~ rk /I. ... VI<(JOlJIP .rj..f f",,) aft."
1 .r Is +L t1 ~ -'1- ho~.~"tor !J PD>; W +l..uu kh.J.1M1 f"Jl ~
'fhA ~ 1""", ~ '" ~..;JWJ..r{ ~ ~ "..'+.. t,t ~ ~ Nl ptr~11teJ Vl< .
\
~'
ASPEN/PITKIN PLANNING OFFICE
130 South Galena Street ;:z '7 '3? - /f?c2-':;; </ -aJ>1
Aspen, Colorado 81611 ,.
(303) 925-2020 08'.11 - 8'7
LAND USE APPLICATION FEES
City
00113
- 63721
- 63722
- 63723
.47331
- 47332
GMP/CONCEPTUAL
GMP/PRELlMINARY
GMP/FINAL
SUB/CONCEPTUAL
SUB/PRELIMINARY
SUB/FINAL
ALL 2-STEP APPLICATIONS
ALL l-STEP APPLICATIONS;
CONSENT AGENDA ITEMS
- 47333
- 47341
- 47342
- 47343
- 47350
- 47360
- 63724
- 63725
- 63726
- 63727
- 63728
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 l-STEP APPLlCATIONS/
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 COMPo PLAN
. 63068 . 09000 COPY FEES
- 63069 - 09000 OTHER
68'000
50.0<:;
"730.00
Name:wi///c( />-,J Po<;.<;c1 AsSuc
Address:6o.-; E !1~,;' sY-
AS~"r7. CO '1'/6//
Check' / 07
Additional Billing:
SUB-TOTAL ~i
TOTAL R' 730.00
Phone: ,5- - "-!7'..ss
project:53S! E. Coo^,p.-ETholovpe.
HO/..4sin~ 61-110 E~ven'Df/t,,-) I
Date: 'I1~/1?7 I
S
# of Hours: