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Land Use Case.304 E Hopkins Ave.28-82
17 Dll E 1.4 o Fk. ,%4, A U t ((1£8€1 (23) -(12 - Seguin Building 56»»£¢1 1 [313> 1 TA 7 A 0 0 . No. R .7-91- CASELOAD SUMMARY SHEET City of Aspen 1. DATE CERTIFIED COMPLETE: STAFF: ~ ~ 2. APPLICANT: lk.bar&£ . I . Se w dAJ 3. REPRESENTATIVE: ~Prn BU.j ) ALA 135- 14,08 plig-s.47 »712·71, 48- 1.0 5 4 4. PROJECT NAME: dni 1 + h -Bld j- 0 5. LOCATION: LOP L Block 90 00[u lfotumi-fe t-f- AO[be n 00¥ 6- *99»» 9 6. TYPE OF APPLICATION: 1 4 Step: GMP ( PUD ( ) Subdivision 2 Step: V~ Subdivision Exception (*0. t-IC{ ro ~ COY,dbmr Ailin.11-25(ft- ~ GMP Exception ( Empl lot~Q -, 11~~~j~;¤~ ) Rezoning ( ) SPA 1 Step: Use Determination Conditional Use 4~ Special Review C FAR 6/YuLA.x ) HPC No. of Steps: Other: 7. /REFERRALS \./ 'Attorney / Sanitation District School District ~~Engineering Dept. -Mountain Bell -Rocky Mtn. Nat. Gas Housing Parks State Highway Dept. -~-Water _ Holy Cross Electric -Fire Chief -lcity Electric Vi Fire Marshal/Building Dept. Other 8. DISPOSITION P & Z v~ Approved ~ Denied Date 4 ~20 ~81 612·AtjT,AG 0.-_ F-flk 40·-vuls -10 ilklc.r€ase. 4-tuL- Pf'(1/in! a.1 '-1 1/40 •T :1 -Or-c, 1,-\ /·S;/ -A, 2- :/ c»;4,IA /,9-: (le> nl,v-e_r-='a../ arrl 0.3 21 }1 0/0,1-2-1-- i' C-'l '.1 1 ,·7. , ~r.071}3'164111 41«t (4-«,-. c it qrT ,.d-a (5/VT-~exe „-yWit A to r ll, -hoo(64..11 l''al .2.-L- fltkilt.e. DE 4304,7 1,1[cl, adE+li q. /0-j i,ner; ,-11 0 - ·(70_4047 ' f.. -pd/So n//l,3,9/- rk-I# 143(_- ele .7 51-ed 4.-;jr 46 2,71 plole.Q_ .dtc /0-4 ~ 1 , KEr~yinie,64 Z<(.t Kot-11 4&< \/1 11 q>A.opt-A) A, 44"41?LA_- p'.r-pon: 4- rjoil,16,14#1/i"41.4,1 0~+1,9 -Ct' 74- lini-tr. 6.ul~eri 11);/a)A twp/bltica 6);-46 4lic. 6-k·.''o,<fl: .. '.·b.uj„,4 leaxo 5 1< .he , 52-fio F< 7#(Liti, . CA)1-3~.~:1:,2-lit« (1-1\1 r€ 1ordi,lia /{ 09 (X. b | LE.klc ipti;.i~-JA PI,£1. Cafll;.,4.4 c~- clo,1 k-€'_4·rk i }o··r, (6/ -+Lod le~O- inoc-yvu- 496£~-tal).C-| tu.E wi-~j A-*iktc C.544 . l· I ,>4·Licp- bux.,4 '01 A;Gk- -10 re.,14 .pt- of c. (2.0, 06·¥L l. A 0( 0, 221,1-W v--ft · 4 5,1,1,vr.mn L «-1·,117-y i i 1 U-J ' 1 T a. · \ 1 4 i 1,1, 1 614/U Lkkj~ 11-,g,~.-7 J~CLVQ•-UL•As,C Hrictity~. I: Ck,»Cl L.-FU-4,-Tle, d 1 ' . /- -11 . i . 0. 0 .l . j .. . j . ~, Council ~ Approved ~ Denied Date J /20152- Gi~\P 9,0,9-vv~~>ho-~n -9=Y-- 4-L-q --\1.2,0 ell/, P 3,12-2_- 6-11k-c~ioti. ,-·>147- CKI-\ IOL, Ct- 4004/ 1\ 2-ack o:+ 4-Le. Ic,~,3 i nc-0-v-p.4 co.3-faor-,4J o..,A ex e.pi ~3110-47 -Er-8-·rv, 4 4.U~ \ t ~,ro \1 i SI n·n f p v- K.1 n ' 3. spac.Q-,1.jl(3 -11.aL e M~~-~ ''-~- ·S-bkcl IOS, 1 , S,)04;Visia-71 e.p~c.~ ju~\jfJA~ QO< tl.0_.~_ fl-<.2.4--joo u.g_ 041- C.tr r.cJOY,114, 0,v~i wiJilo·n 00 4-ke- 4 4 < 4, VA 1 1 3> s.1-L 622/ 40 c.21 '' ,-ho¥\ .51 1 (,03 1 (C)/ 62120,4 joi -~~1*-P~(.c~1-j-,\09 -~ 27 friA ; vir~~ L.CS·vv,; ,~,4 'SS '16-vA (-1OFk'.-0 '*1-1 f ,<I e e cu. 1 /-1 n °f-*13-9---- 1/Ult-Tn /25 rja- /2-a.Et 400 so,1.-i-. · C 9. PRELIMINARY PLAT REFERRALS: Attorney Sanitation District School District Engineering Dept. Mountain Bell Rocky Mtn. Nat. Gas Housing Parks State Highway Dept. Water Holy Cross Electric Other City Electric Fire Marshal/Building Dept. 10. PRELIMINARY PLAT - PUBLIC HEARING P&Z Approved Denied Date 11. FINAL PLAT ~ Council Approved Denied Date . , 12. R~TING: v/' Attorney ,/ Building Engineering Other t ' - /3 , I 10 . Py-Sh ·· - LAW OFFICES . AUSTIN MCGRATH & JORDAN 800 EAST HOPKINS AVENUE SUITE 203 RONALD 0. AUSTIN ASPEN, COLORADO 8161I J. NICHOLAS MCGRATH, JR. AREA CODE 303 WILLIAM R, JORDAN m TELEPHONE 925-2600 GRAY A. YOUNG February 8, 1983 FREDERICK F. PEIRCE 2ZCE: b 7 -3 8 198-1 Gary S. Esary, Esq. Assistant City Attorney CITY ATTOR::EY'S CUCE 130 S. Galena Street Aspen, Colorado 81611 Re: The Seguin Building Dear Gary: Pursuant to our phone conversations, enclosed please find the original Declaration of Covenants, Restrictions, and Conditions for the Seguin Building (a Condominium) which has been signed by Debby Seguin, together with the original Statement of Exception for execution by the City. As you can see, both documents incorporate your suggested changes. The City has agreed to issue a temporary Certificate of Occupancy for those units in the building which are approved for occupancy but for the completion of the condominium map. That agreement to issue the temporary Certificate of Occupancy is subject to the conditions which you and I have discussed and which are set forth in this letter. I have represented to the City on behalf of my client that there have been no sales of any of the units and there will be no sales prior to the recording of the condominium map. You and I have agreed that the enclosed documents have been approved by both parties and that they are binding upon my client despite the fact that they will not be recorded until such time as the condominium map is recorded. We have further agreed that the tenants in the employee units will be qualified in the normal manner through the housing office. I have represented to you that our surveyor has said that the condominium map should be done by Friday. I hereby agree on behalf of my client that the temporary Certificate of Occupancy for the two employee units shall ..t /.. _ AUSTIN MCGRATH & JORDAN Gary S. Esary, Esq. February 8, 1983 Page 2 expire ten days from issuance unless the condominium map has been, as of that date, delivered to the City for the approval of the City pursuant to the requirements of the City of Aspen Code. Upon the approval by the City, the condominium map will be duly recorded and a Certificate of Occupancy will be issued to replace the temporary Certificate of Occupancy. On behalf of my client I would like to thank you, as well as the other City personnel involved, for your assistance in this matter. Sincerely, AUSTIN, MeGRATH & JORDAN By l/\4)lu-LA . CW.4,- William R. Jordar~=III WRJ / j ms Enclosures cc: Ms. Deborah L. Seguin 0 7 e . LAW OFFICES AUSTIN MCGRATH & JORDAN 600 EAST HOPKINS AVENUE SUITE 205 RONALD D. AUSTIN ASPEN, COLORADO 81611 J. NICHOLAS MCGRATH, JR. AREA CODE 303 WILLIAM R. JORDAN In TELEPHONE 925-2600 GRAY A. YOUNG February 8, 1983 FREDERICK F. PEIRCE E- 3 8 1983 Gary S. Esary, Esq. Assistant City Attorney :9.-7, ..../--%... 130 S. Galena Street Aspen, Colorado 81611 Re: The Seguin Building Dear Gary: Pursuant to our phone conversations, enclosed please find the original Declaration of Covenants, Restrictions, and Conditions for the Seguin Building (a Condominium) which has been signed by Debby Seguin, together with the original Statement of Exception for execution by the City. As you can see, both documents incorporate your suggested changes. The City has agreed to issue a temporary Certificate of Occupancy for those units in the building which are approved for occupancy but for the completion of the condominium map. That agreement to issue the temporary Certificate of Occupancy is subject to the conditions which you and I have discussed and which are set forth in this letter. I have represented to the City on behalf of my client that there have been no sales of any of the units and there will be no sales prior to the recording of the condominium map. You and I have agreed that the enclosed documents have been approved by both parties and that they are binding upon my client despite the fact that they will not be recorded until such time as the condominium map is recorded. We have further agreed that the tenants in the employee units will be qualified in the normal manner through the housing office. I have represented to you that our surveyor has said that the condominium map should be done by Friday. I hereby agree on behalf of my client that the temporary Certificate of Occupancy for the two employee units shall .. AUSTIN MCGRATH & JORDANI Gary S. Esary, Esq. February 8, 1983 Page 2 expire ten days from issuance unless the condominium map has been, as of that date, delivered to the City for the approval of the City pursuant to the requirements of the City of Aspen Code. Upon the approval by the City, the condominium map will be duly recorded and a Certificate of Occupancy will be issued to replace the temporary Certificate of Occupancy. On behalf of my client I would like to thank you, as well as the other City personnel involved, for your assistance in this matter. Sincerely, AUSTIN, McGRATH & JORDAN C-7 By WiIlirm R. Jordar~ III WRJ / j ms Enclosures cc: Ms. Deborah L. Seguin ' ' 6, 4 CITY OF ASPEN e#* MEMO FROM GARY S. ESARY Feta . 8 , t9 83. Leo- 0,4 + 44 9676- 4, - * *£1 4 -6.0 ti . 4, e¥- 9< rt- -- p 1 . 21 ..1 l 01 . 191 .. LAW OFFICES AUSTIN MCGRATH & JORDAN 600 EAST HOPKINS AVENUE SUITE 205 RONALD D. AUSTIN ASPEN, COLORADO 81611 J. NICHOLAS MCGRATH, JR, AREA CODE 303 WILLIAM R. JORDAN m - February 3, 1983 TELEPHONE 925-2600 GRAY A. YOUNG FREDERICK F. PEIRCE Gary Esary, Esq. Asst. City Attorney City Hall 130 S. Galena Aspen, CO 81611 Re: The Seguin Building Dear Gary: Please find enclosed the proposed: 1. Declaration of Covenants 2. Statement of Exception. Please give me a call. Sincerely, AUSTIN, McGRATH & JORDAN f n.w- By WilliKm RL I -rhn III \4/ WRJ/jd Rece, 1/- /158 3 ; .2 sh CITY ATTORNE'C OFFICE .. DECLARATION OF COVENANTS, RESTRICTIONS AND CONDITIONS FOR THE SEGUIN BUILDING (A CONDOMINIUM) DEBORAH L. SEGUIN (hereinafter "Covenantor"), for herself and her heirs, personal representatives, successors and assigns, in consideration for the granting of an exception from the full subdivision process for the purpose of condominiumiza- tion and exemption from the Growth Management Plan for employee housing, and a waiver, after special review, of any requirements for parking for said employee housing, all with respect to the following described property, hereby covenants with the City of Aspen, Pitkin County, Colorado, to restrict said property, and hereby does restrict said property as follows: 1. Covenantor represents that she is the record title owner of the following described property, together with the improvements (including a commercial structure) located thereon: Lot L, Block 80, original Aspen Townshite, City of Aspen, County of Pitkin, State of Colorado, also known as 304 E. Hopkins Avenue, Aspen, Colorado 81611. 2. The two (2) dwelling units located on the above- described property and described as Units 3 and 4, THE SEGUIN BUILDING (a Condominium) shall and hereby are restricted solely to use as employee housing as described in Section 24-11.4(b)(4) of the Municipal Code of the City of Aspen, as amended, and to rental and sale terms and price guidelines, qualifications guidelines, and to occupancy limitations within "low income" housing eligibility guidelines now established by the City Council of the City of Aspen, or as such guidelines may from time-to-time be amended by the City Council; provided, however, that if any such restrictions and/or guidelines are so amended to become more restrictive as applied to owners, renters or occupants of said units, then the restrictions and/or guidelines in effect as of the date hereof shall-apply. .. 3. The two (2) dwelling units located on the above- described property and described as Units 3 and 4, THE SEGUIN BUILDING (a Condominium) shall be and hereby are 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, so long as this Declaration is in effect and so long as such restrictions are requirements of the City of Aspen. 4. The covenants contained herein shall run with the land and shall be binding on all parties having any right, title or interest in the said Units 3 and 4, THE SEGUIN BUILDING (a Condominium) or any part thereof, and their heirs, representa- tives, 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, whichever period is less, from the date these covenants are recorded. 5® 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. IN WITNESS WHEREOF, this declaration has been duly executed thiS ~lh day of February, 1983. CDOodnh<f· 3. DEBORAH L. SEGUIN STATE OF COLORADO ) ) SS. COUNTY OF PITKIN ) The foregoing instrument was acknowledged before me this 9*) day of February, 1983 by DEBORAH L. SEGUIN. WITNESS my hand and official seal. My Commission expires: 3!26 12* Notary vublic Address of Notary: )50 1 Oct_ -2- .-I I . D . \ MEMORANDUM ~ ~ 1 . .. TO: Aspen City Council FROM: Colette Penne, Planning Office e . l e' I RE: Smith Building - GMP Exemption, FAR Bonus, Parking Review, Condominiumization ° ~9 g /gtpk4 DATE: July 20, 1982 APPROVED AS TO FORM: : 6'44 - Il I I location: 304 E® Hopkins . ~~~~~ ~/~ Zoning: CC Lot Size: 3,000 3 square feet Applicant's Request: The requests are for (1) a GMP exemption for employee housing; ~2~ the FAR bonus needed to allow thet additional square footage; 3 a parking reduction for the employet housing; and (4) sub- division exception for the purposes of condominiumization. Planning Office Review: This project received a 1979 GMP Commercial Allotment, and turned in building plans in the fall of 1981® The building permit has been extended and a construction start is imminent. The four reviews before you were aspects of the original application which-have never. been completed. The lot- size is 3,000 square feet with the proposed FAR at 2:1. The buildout proposed is 5,100 square feet of commercial/ 1 office space and 900 square feet of employee housing. The FAR , Bonus requested is appropriate, since the 0.5 bonus will be : 0.3 employee housing and the ratio· of employee housing to i commercial space is as defined in the Code. In the original ; GMP submittal, the 900 square feet of employee housing was shown · ·as one unit. The change to two studio units of 450 square feet , each is preferrable in terms of the housing need. The units are at the low end of the size scale for studio units (400-600 ·square feet). The applicant has requested the middle income category but due to the limited size of the units, the low income category is recommended. Since the lot is presently vacant, there is no reduction in low or moderate income housing. A parking reduction is requested. Considering that the units are employee studios and the site is in the CC zone, an exemption .from the provision of parking for the residential units is acceptable. Subdivision exception for the purposes of condominitim units will tt. . 0 be.formed consisting of the following: 6 - I 1) Lower Level Office Space .. . . 2) Main Level Commercial Space 3) Upper Level Office -Space ' 4) Upper Level Employee Studio . ... 5) Upper Level Employee Studio -- -[he 6-month minimum lease restrictions of Section 20-22 must be complied with and a sfaterient of Subdivision Exception and Declaration of Covenants, Restrictions and Conditions must be filed through the City Attorney's Office, as well as a Oecd . Restriction. A final condominium plat must'be filed following conqtruction completion which complies wi.th the Final Plat provisions of Section 20-15 of the Municipal Code. 0 -ji . .. . .... 0. ~nith Building /Two 'y 20, 1982 .. C B e Planning & Zoning ' Commission Actiqn and , .. Planning Office Recommendation: The Planning and Zoning Commission reviewed this request at their July 20, 1982 meeting and took the following action: 1® Granted an FAR bonus to increase the maximum allowed from 1.5:1 to 2:1 with 1.7 commercial and 0.3 employee housing. They further recommended that Council: 1. Grant a GMP exemption for the two employee studios of 450 square feet each at the low income category. 2. Grant' an exemption from the provision of parking ~ . spaces for the employee studios. 3. Grant subdivision exception for the purpose of condominiumization of the five units subject to: a) Compliance with the 6-month minimum leases as per Section 20-22. b) Production and recordation of a Final Condo- minium Plat. c) Filing of a deed restriction for two low-income 450 square foot studios with the City Attorney prior to receipt of a Certificate of Occupancy. d) Filing of a Statement of Subdivision Exception and Declaration of Covenants, Restrictions and Conditions. Council · Action: If Council concurs with the action of. the Planning and Zoning Commission and the recommendation of the Planning Office, the appropriate motion is as follows:. "I move to approve: 1.. A GMP exemption for the two employee studios of 450 square feet'each at the low income category. 2. An exemption from the provision of parking spaces for the employee studios. 3. Subdivision exception for the purpose of condo- miniumization of the five units subject to: a) Compliance with the 6-month, minimum leases as per Section 20-22. b) Production and recordation of a Final Condo- minium Plat. c) Filing of a deed restriction for two low-income 450 square foot studios with the City Attorney prior to receipt of a Certificate of Occupancy. d) Filing of a Statrinerit of Subdivision Exception and Declaration of Covenants, Restrictions and CondiLions. .. L . .. 6. . 1 11+ - . I , CO"Jitic},15. 1./.• u Jtatement of 5,6lwltvi:•sion E .... And D,u latalion of Covell•ltilk, Itt.·'. t.rlit. 4„*,;,· ........ - C . 4 . I. I I . 0 , . 0 . 0 0 I. . .4 . . .... . ... I .. 1 ./ 1,1 !1.. 1 .#4 J 1 , . 1 K. 5 - 5 B . 13 M U n. \, 7 -7 0 ~ C '' 019 · . I -- .. ' 0 . 42 . 11.. .... W. . . i I a j'jill-jililij'jf, '1:1 11':.1 - - 1 I / 1., *le 1. 1 ;5 -7-- .. , 1 1,1 :1 .. ./ k 2 . -i U'..:Swilliili'[1' N j . kill ..73 .. 4 0 ' . C. QL· . f i; p"'ll« 1 -g· 1:Arr .R 0. . 6 .SO I . .f . 0 I . . ... ' . 0 0 I. I. I . 45 . 1 . . ,#F I - B , 1 1 0 .. 73/\31 NMN .. jr Meeting Aspen City Council July 26, 1982 -- - /- .nall and came up with xome designs for mall lighting. Levy's proposal for lighting design2 is approximately $20,000 and all phases of construction for the mall lights and Main street lights is $200,000. Levy has figured out a maintenance program for the whole thing. r. City Manager Chapman told Council he brought this up now because Council will be setting ' a study session to look at the five Year capital improvement program. Council had asked ' 1 the staff to come up with an undergrounding project out of the electric fund. Chapman , recommended Council consider this as part of the five year capital improvement program out' of the electric fund. Chapman said this program can be capitalized out 9f the electric ; fund. ORDINANCE #35 and #36, SERIES OF 1982 - Municipal Borrowing from First National Bank Councilwoman Michael moved to read ordinance #35, Series of 1982; seconded by Councilman Knecht. All in favor, motion carried. ORDINANCE #35 (Series of 1982), AN ORDINANCE AUTHORIZING LOANS OF $150,000 AND $100,000 RESPECTIVELY TO 4 TWO KEY CITY EMPLOYEES TO ASSIST THEM IN FINANCING TIIEIR PRIMARIy i RESIDENCES was read by the city clerk I Mayor Edel pointed out there is not cost to the city; however, the city agrees to keep on deposit at the FNB $100,000 which will bear no less than 2 per cent below the Federal funds rate. Chapman said it is hard to predict what the market will do over a long term. fhe city is using Federal funds rates as guide posts. The city possiblly will make some money on the whole deal. Councilman Collins said he felt the city was setting a poor precedent by going into the mortgage business. Chapman pointed out a former city manager , received a loan to build a house, and employees get rental advances from the city. Chapman said he was not suggesting the city do this as a matter of course; the staff is proposing a solution to a fairly difficult problem that some key employees have found themselves in through no falut of their own, which is interest rates. These employees are making a concession in terms of their sweat equity; they are using this to buy down interest rates. Councilman Parry moved to adopt Ordinance #35, Series of 1982, on. first reading; seconded Dy Councilwoman Michael. Roll call vote; Councilmembers Collins, nay; Knecht, nay; Michael, aye; Parry, aye; Mayor Edel, aye. Councilwoman Michael moved to read Ordinance #36, Series of 1982; seconded by Councilman Parry. All in favor, motion carried. ORDINANCE #36 (Series of 1982) AN ORDINANCE AUTHORIZING THE BORROWING OF UP TO $250,000 FROM THE FIRST NATIONAL BANK IN ASPEN BY A NON RECOURSE PROMISSORY NOTE SECURED BY ASSIGNMENT OF CERTAIN DEEDS OF TRUST ON REAL PROPERTY TO FUND CERTAIN LOANS TO KEY CITY EMPLOYEES FOR THE FINANCING OF THEIR PRIMARY RESIDENCES was read by the city clerk. Councilman Parry moved to adopt Ordinance #36, Series of 1982, on first reading; seconded oy Councilwoman Michael. Roll call vote; Councilmembers Parry, aye; Michael, aye; Knecht, aye; Collins, nay; Mayor Edel, aye. Motion carried. MOTHER LODE LEASE -ity Manager Chapman told Council after the city closed on the two lots next to the Mother .ode, Assistant City Attorney Gary Esary talked to appraisers and the owners of the Mother uode regarding the leasing of the property to the Mother Lode for the balance of this Tear. After much negotiation, it was suggested to lease this for $1,000 for the remainder jf the season. Chapman pointed out during the balance of this year, the Mother Lode will i oe subject to a great deal of construction; the city is trying to keep the lease reason- -ble. Jouncilwoman Michael moved to authorize and direct the Mayor to enter into a lease agree- ment with the operators of the Mother Lode restaurant, calling for a lease term from ' July 27, 1982, to September 30, 1982, for a total rent of $1,000 and according to the 1 1 zerms and conditions of the lease presented at the Council meeting of July 26, 1982; ~ seconded by Councilman Parry. All in favor, motion carried. ZAPITAL IMPROVEMENT PROGRAM - FIVE-YEAR EQUIPMENT REPLACEMENT SCHEDULE - IMPOUND LOT , U i -ity Manager Chapman suggested scheduling a work session for these three items. 4 ouncilman Collins moved to schedule a study session; seconded by Councilman Parry. All 4 n favor, motion carried. EMP EXEMPTION, FAR BONUS, PARKING REVIEW, CONDOMINIUMIZATION - Smith Building 4 ' Jrake Jacobs told Council this is three years old and has been going through all the various /7 1 'rocesses. This building is located right next to La Cocina. Colette Penne, planning _,ffice, said they are requesting GMP exemption for the two employee housing units, parking review exemption since there are no spaces for the unit, and condominiumization of the _,uilding into five units; two employee units and three commercial spacea. is. Penne told Council at the GMP submission in 1979, there one one employee unit at 700' ~ rquare feet. There is a change to two units at 450 square feet, which is better in terms f f the housing market. P&Z was adamant that these units be put in the low income q rental guidelines. P & Z would only grant the FAR bonus if these were low income. Ms. f.. /~ Regular Meeting Aspen City Council July 26, 1982 / told Council these units are conditioned upon meeting the minimum size. The Code requires 21 one parking space per bedroom; however, in the commercial core, this is often waived. 1: -- 11 1 Councilman Parry moved to approve a GMP exemption for the two employee studios of at least ~ 400 square feet each at the low income category; an exemption from the provision of parking J spaces for the employee studios; subdivision exception for the purposes of condominiumiza- tion of the five units subject to: (a) compliance with the six-month minimum leases as per Section 20-22; (b) production and recordation of a final condominium plat: (c) filing of a deed restriction for two low income at least 400 square feet studios with the city ' attorney prior to receipt of a certificate of occupancy; (d) filing of a statement of ~ subdivision exception and declaration of covenants, restrictions and conditions; seconded by Councilman Knecht. All in favor, motion carried. AMENDMENT TO SUBDIVISION AGREEMENT - 700 South Galena Assistant City Attorney Gary Esary told Council he had reviewed the history of this agree- me.nt and the problem is how to provide security to make sure this project moves forward and completes. This is essentially a voluntary agreement between the applicant and the city to deal with neighborhood concerns. The P&Z required a performance bond, what they really want is a bond to restore the site to its previous condition. Esary said the applicant was not able to get a lender or insuror to come up with this type of bond. Also the engineering deparment felt that with all the earth restraining work that will have to be done, it would cost a tremendous amount of money to restore· the site to the original condition. Esary said the applicant tried to get these bonds, and came into Council in April and asked if a performance/completion bond would do. The applicant was given approval for this with additional liquidated damages clause. The contractor for the applicant is not of the size to get a $4,000,000 completion bond and have offered as a substitute security a letter of commitment calling for the bank to have d separately funded amount of money in at least the amount of the contract to be able to complete the project. Esary told Council the city attorney's office feels this security to complete the project is the best that can be done. Esary explained the letter of commitment provides that a· sum of money would be available, the bank would guarantee as part of the financing package the bank would step in an hire a contractor to complete the project. , Councilman Knecht moved to amend paragraph four of the 700 South Galena subdivision agree- ment as requested by the applicant in the letter of July 2, 1982, to permit a change in the form of security offered therein to an irrevocable letter of credit or equivalent with liquidated damages which specific agreement shall be approved by the city attorney; seconded by Councilman ParTy. All in favor, motion carried. ORDINANCE #31, SERIES OF 1982 - Appropriations, General Fund Councilman Parry moved to adopt Ordinance #31, Series of 1982; seconded by Councilman I Knecht. ~ Finance Director Sheree Sonfield told Council these are both second readings. Mayor Edel 11 opened the public hearing. There were no comments. Mayor Edel closed the public hearing. Roll call vote; Councilmembers Parry, aye; Collins, aye; Knecht, aye; Mayor Edel, aye. 2 Motion carried. !1 P ORDINANCE #32, SERIES OF 1982 - Interfund Transfers Mayor Edel opened the public hearing. There were no comments. Mayor Edel closed the public hearing. Councilman Parry moved to adopt Ordinance #32, Series of 1982, on second reading; seconded by Councilman Knecht. Roll call vote; Councilmembers Knecht, aye; Michael, aye; Collins, aye; Parry, aye; Mayor Edel, aye. Motion carried. ORDINANCE #37, SERIES OF 1982 - Personnel Change City Attorney Taddune said this is a request from the Police Chief that the Council amend a section of the code providing that city employees may engage in political activities but that have to take a leave of absence during the campaign and during the period of their office. Rob McClung told Council the purpose of this request is to allow him to run for sheriff without taking a leave of absence from the job as police chief. McClung said under these conditions, it is difficult to run for any office, even school board. Taddune told Council if they adopt this, Council is saying conceptually there should be flexibility to allow employees to run for office without jeopardizing their job as a city employee. Mayor Edel said this ordinance would have everyong judged on an individual basis. Mayor Edel said he had no problems with this as a broader issue. However, this specific issue has great implications and ramifications. Mayor Edel said he is unmitigatingly opposed to this. Councilman Parry said this amendment is important to allow employees to run for things like school board. Councilman Knecht asked if the way the ordinance was originally written is constitutional. Taddune said there is a case in another jurisdic- tion, almost identical to this, and it was found to be appropriate and enforceable. Councilman Knecht said he felt any employee should be able to run for elected office and ~ be able to retain their job until the election has been decided. Mayor Edel said the issue is whether the Council wants to have McClung run for sheriff of Pitkin County and also be chief of police. Also, does McClung keep his house. And what is the rationale for running. Councilwoman Michael asked what happens if McClung runs and win. Mcalung said he is running on the·consolidation ticket. MCChing said his interest is in putting consolidation together. Mcelung said if elected sheriff, he would take a , leave of absence as chief of police. Mcelung said he would like the right to run for ~ elected office. - 1, .. MEMORANDUM TO: Aspen City Council FROM: Colette Penne, Planning Office RE: Smith Building - GMP Exemption, FAR Bonus, Parking Review, Condominiumization DATE: July 20, 1982 APPROVED AS TO FORM: Location: 304 E. Hopkins Zoning: CC Lot Size: 3,000 -t square feet Applicant's Request: The requests are for (1) a GMP exemption for employee housing; (2) the FAR bonus needed to allow that additional square footage; (3) a parking reduction for the employee housing; and (4) sub- division exception for the purposes of condominiumization. Planning Office Review: This project received a 1979 GMP Commercial Allotment, and turned in building plans in the fall of 1981. The building permit has been extended and a construction start is imminent. The four reviews before you were aspects of the original application which have never been completed. The lot size is 3,000 square feet with the proposed FAR at 2:1. The buildout proposed is 5,100 square feet of commercial/ office space and 900 square feet of employee housing. The FAR Bonus requested is appropriate, since the 0.5 bonus will be 0.3 employee housing and the ratio of employee housing to commercial space is as defined in the Code. In the original GMP submittal, the 900 square feet of employee housing was shown as one unit. The change to two studio units of 450 square feet each is preferrable in terms of the housing need. The units are at the low end of the size scale for studio units (400-600 square feet). The applicant has requested the middle income category but due to the limited size of the units, the low income category is recommended. Since the lot is presently vacant, there is no reduction in low or moderate income housing. A parking reduction is requested. Considering that the units are employee studios and the site is in the CC zone, an exemption from the provision of parking for the residential units is acceptable. Subdivision exception for the purposes of condominium units will be formed consisting of the following: 1) Lower Level Office Space 2) Main Level Commercial Space 3) Upper Level Office Space 4) Upper Level Employee Studio 5) Upper Level Employee Studio The 6-month minimum lease restrictions of Section 20-22 must be complied with and a statement of Subdivision Exception and Declaration of Covenants, Restrictions and Conditions must be filed through the City Attorney's Office, as well as a Deed Restriction. A final condominium plat must be filed following construction completion which complies with the Final Plat provisions of Section 20-15 of the Municipal Code. .. Memo: Smith Building Page Two July 20, 1982 Planning & Zoning Commission Action and Planning Office Recommendation: The Planning and Zoning Commission reviewed this request at their July 20, 1982 meeting and took the following action: 1. Granted an FAR bonus to increase the maximum allowed from 1.5:1 to 2:1 with 1.7 commercial and 0.3 employee housing. They further recommended that Council: 1. Grant a GMP exemption for the two employee studios of 450 square feet each at the low income category. 2. Grant an exemption from the provision of parking spaces for the employee studios. 3. Grant subdivision exception for the purpose of condominiumization of the five units subject to: a) Compliance with the 6-month minimum leases as per Section 20-22. b) Production and recordation of a Final Condo- minium Plat. c) Filing of a deed restriction for two low-income 450 square foot studios with the City Attorney prior to receipt of a Certificate of Occupancy. d) Filing of a Statement of Subdivision Exception and Declaration of Covenants, Restrictions and Conditions. Council Action: If Council concurs with the action of the Planning and Zoning Commission and the recommendation of the Planning Office, the appropriate motion is as follows: "I move to approve: l. A GMP exemption for the two employee studios of 2 kcud- 400 -46@- square feet each at the low income category. 2. An exemption from the provision of parking spaces for the employee studios. 3. Subdivision exception for the purpose of condo- miniumization of the five units subject to: a) Compliance with the 6-month minimum leases as per Section 20-22. b) Production and recordation of a Final Condo- minium Plat. c) Filing of a deed restriction for two low-income al Igad ¥0»00-square foot studios with the City Attorney prior to receipt of a Certificate of Occupancy. d) Filing of a Statement of Subdivision Exception and Declaration of Covenants, Restrictions and Conditions. .. MEMORANDUM -TO: City Attorney - Gary Esary , City Engineer - Jay Hammond FROM: Colette Penne, Planning Office RE: Smith Building, GMP Exemption and Parking. Reduction for Employee Housing, FAR Bonus, Condominiumization DATE: July 2, 1982 Attached is an application to complete the four outstanding reviews concerning the Smith Building, a new commercial building to be built at 304 E. Hopkins. This project received a GMP allotment in 1979 and the ,original application should therefore be available in your files. We have scheduled this item for review by P&Zon July 20, 1982 since the applicant proposed'to break ground in the near future. Please return your comments to me no later than July 12. Thank you. P V,/14.1 .f ' -,4 4 .. MEMORANDUM TO: Building Department - Stan Stevens Water Department - Jim Markalunas Aspen Metro Sanitation District - Heiko Kuhn ~ City Electric Department - Stogie Madalone FROM: Colette Penne, Planning Office RE: Smith Building DATE: July 2, 1982 Attached is an application concerning the Smith Building, a new commercial building to be built at 304 E. Hopkins. Your office reviewed this application when it competed successfully in 1979 for a GMP allotment. We are referring this application to you at this time not to receive any further comments from you, but rather to simply inform you that a new building is soon to be placed under construction. If you do have any comments for us on this project, we would appreciate them no later than July 12. Thank you. .. Jacobs/Ball & Associates, P.C., Architects 415 East Hyman Suite 205 Aspen Colorado 81611 303/925-1606,925-8447 June 29, 1982 City of Aspen Planning Department 130 S. Galena Aspen, CO 81611 Dear Sir: RE: SMITH BUILDING Regarding the Smith Building, to be located at 304 E. Hopkins, we are requesting the following: l) GMP exemption for employee housing as per 24-11.2 (h) Unit Size (2 @ 450 s.f.) Unit Type (Studio) Proposed guideline (middle income) 2) Parking reduction for employee housing as per 24-4.1 (c) 3) FAR bonus to increase maximum allowable from 1.5 to 2.0 with 1.7 commercial and 0.3 employee housing. 4) Condominiumization Enclosed are two (2) checks to cover the above; $475.00 for items #1, 2, and 4 and $225.00 for item #3. Also enclosed is a copy of the Title Insurance and the survey. 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