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Home My WebLink Aboutcoa.lu.gm.620 E Hyman Ave.1982I Cantrup, Hans 620 E. Hyman Building ASPEN/PIYKIN PLANNING OFFICE 130 South Galena Street Aspen, Colorado 81611 (303) 925-2020 LAND USE APPLICATION FEES City 00113 - 63721 47331 52100 GMP/CONCEPTUAL 63722 47332 52100 GMP/PRELIMINARY 63723 47333 52100 GMP/FINAL 63724 47341 52100 SUB/CONCEPTUAL 63725 47342 52100 SUB/PRELIMINARY 63726 47343 52100 SUB/FINAL 63727 47350 52100 EXCEPT/EXEMPTION 63728 47350 52100 REZONING 63729 47360 52100 SPECIAL REVIEW SUB -TOTAL County 00113 63711 - 47331 52200 GMP/GENERAL 63712 47332 52200 GMP/PRELIMINARY 63713 47333 52200 GMP/FINAL 63714 47341 - 52200 SUB/GENERAL 63715 47342 52200 SUB/DETAILED 63716 47343 52200 SUB/FINAL 63717 47350 52200 SPECIAL REVIEW 63718 47350 52200 REZONING 63719 47360 52200 SPECIAL APPROVAL SUB -TOTAL PLANNING OFFICE SALES 00113 - 63061 09100 - 52200 COUNTY CODE 63063 09100 52200 ALMANAC 63062 09100 52300 GMP 63066 09100 52300 COPY FEES 63069 09100 OTHER Name: _ Address Check No. Additional Billing: SUB -TOTAL TOTAL Phone: Project: Date: No. of Hours: MEMORANDUM TO: Aspen Planning and Zoning Commission FROM: Alan Richman, Planning Office RE: Reconstruction of Top Floor at 620 E. Hyman - GMP Exemption DATE: October 20, 1982 The attached letter from Spence Schiffer requests exemption from the GMP for the ability to reconstruct the top floor at 620 E. Hyman, located in the C-1 zone district, as a residential unit. At issue here is the GMP exemption con- tained in Section 24-11.2(a) of the Code permitting "the remodeling, restoration or reconstruction of any building existing as of November 14, 1977, provided there is no expansion of commercial floor area nor creation of additional dwelling units." The applicant states that a portion of the top floor has his- torically been used for residential purposes and therefore the expansion of this unit outside of the GMP is permissable since "no additional dwelling units are created." The basic question here is that of the actual status of the dwelling unit. The Planning Office is in total agreement with the applicant that an existing dwelling unit can be expanded without requiring GMP approval. However, we believe that for a unit to exist it must have legal status. We use as the test for its legality the documentation that a building permit was obtained for the conversion of what was definitely at one time commercial space into residential use. With- out such proof, we feel that the unit is illegal and has no right for expansion. Our check of the building plans for 620 E. Hyman shows that originally this space was identified as "office" when it was approved (prior to the GMP under Ordinance 19). Subsequent to the construction of the building, a permit was obtained to finish off the top floor as office space, still prior to the imple- mentation of the GMP. Finally, a building permit was obtained to close off an atrium which exists in the building to provide security for the bank which is located on the first floor. This approval followed a Board of Adjustment decision to allow the floor to be put into the atrium, in a building that already exceeded FAR requirements, provided that the top floor within the former atrium remained as open space (it is now used for houseplants). At no time, either before or after the implementation of the GMP, was a building permit issued permitting the use of the third floor for residential purposes. In fact, Jim Wilson of the Building Department informs us that the Building Code requirements for commercial versus residential construction are substantially different and that 620 E. Hyman was built to commercial standards. Therefore, to legally meet life, health and safety requirements for residential use, a permit would have had to have been obtained to legitimize this space. The Planning Office does not believe that the mere fact that someone has lived on the top floor of 620 E. Hyman, despite Building Code regulations to the contrary, makes the unit a legal use which can be expanded. Were we to make such an interpretation, we would also be saying that any other dwelling unit created illegally in Aspen (i.e., so-called caretaker units) are legitimate and can be expanded. Therefore, we recommend that you deny the applicant's request for GMP exemption to reconstruct the top floor at 620 E. Hyman as a residential unit. Memorandum TO: Alan Richman, Ass't Planning Director FROM: Jim Wilson, Plans Examiner DATE: October 23, 1982 RE: 620 E. Hyman Before any plans for the Wood's residence were submitted, our office received a complaint on the proposed residential use of the second floor. The complaintant's concern was was a "violation of right's" as well as other (at the time) obscurities. I advised her to see her attorney (who had referred her to us) about violations of rights, and assured her that we would enforce local zoning and building codes to provide for her health, safety and welfare, but that I could be no more specific until proposed plans were submitted. On September 17, 1982, plans and application for permit were submitted. Our plan review process typically initiates with a zoning review, wherein arose our first reprehension, the permitted use of a dwelling unit in a C-1 zone. Our consultation with you regarding your letter to Larry Yaw, of Hagman -Yaw Architects, dated August 19, 1982 generated much discussion and interpretation of "existing dwelling unit". i contend that a dwelling unit must be legal by building code and docu- mented as such before qualifying for the exception of Section 24-11.2 of the code. I've researched our files and can produce substantial documentation to the effect that the building was never intended nor designed for occupancy as a dwelling unit. (See Section 24-3.1(3)(g), Definition of Dwelling Unit). Mr. Fleisher and Mr. Schiffer in his letter to you dated October 5, 1982, have provided only insubstantial claims and statements in response to requests for documentation. I present the following factual information for your consideration in this case. According to Building Department records, a building permit to build a Group B, Division 3 (assembly) Occupancy, and a Group F, Division 2 (office) Occupancy building was applied for, approved, and issued in 1975 (see attachment #1). Plans approved with that permit identify the entire second floor as office use. A water and tap permit was also issued at that time (see attachment #2) that indicated a restaurant, retail sales and office use, with the number of dwelling units indicated as none! Attachment #3 is the Certificate of Occupancy for the building erected under permit #176-75 (attachment #1) The occupancy groups on the C.O. (B-3 and F-2) indicates that the building was intended and designed for other than residential use. Notice also the date on the C.O., March 9, 1976. Mr. Fleisher claims that he was living in the building "with all governmental approvals on February 19, 1976" in a residential unit that was constructed in that building! Of further note is the fact that the C.O. was issued for the "shell of first and second floor only", indicating that no tenant finish work or partitioning had been approved or done. It was April 8, 1976, before application for building permit was made to partition for three offices on the second floor (attachment #4). Designated on the application as an office holder was Mr. Fleisher. - Approved plans for the job cannot be located, but a memo (attachment #5) dated September 8, 1976, indicates occupancy of the second floor had not been permitted as of that date. There are no other records of any further approved construction on the second floor of the building other than a set of plans with no cross reference to a permit number. This plan is close to the existing floor plan of the second floor and the indicated use is office, no residential— i i -•Plan Richm.tn, Ass'-t nning Director s. October 23 ,-- 1982 Page 2 I can find no authorization to legally occupy the second floor of the building for any use. If any remodeling or change of occupancy had been approved, there should be record of it. Of course, our records could be lost, but Mr. Fleisher has not been able to produce any approvals. Mr. Spencer Schiffer implies in a letter that a dwelling unit legally existed on the second floor from February 19, 1976, to October 5, 1982. He furthers submits in the same letter "that the unit does now and always could have met the applicable building code requirements for a residential unit." I inspected the building for existing conditions in late September and saw no signs of anyone living on the second floor, the west office was not occupied at all and there were offices on the east side. The conditions on the second floor do not meet the current or past requirements of the building code for a mixed occupancy. I can only guess at this point as to the layout of Mr. Fleisher's dwelling unit, i.e, locations of required (Uniform Building Code) sleeping, cooking and bathroom areas, based on .what I've seen. On that basis, I'll. list violations. The UBC requires a dwelling unit to be provided with cooking facilities, a kitchen sink, bathroom and shower or tub. The second floor provides all that, but tiie Cefinition of a dwelling unit since the 1973 edition has begun, "a dwelling unit is a single unit providing complete, independent living facilities..." The word independent also appears in the Aspen City Code. The living facilities mentioned, although existing, were'not and are not independent of the office function on the floor. With the limits of the "dwelling unit" undefined, the one -hour fire resistive construction occupancy separation required by the 1973 building code could not have been provided. Since the 1973 edition of the UBC, smoke detectors were required in every dwelling. I saw none at 620 E. Hyman. There is more, Alan, but I never like to show my full hand until all bets are on the table. If you are not convinced, or would like additional information, let's meet. cc: Paul Taddune, City Attorney RONALD GARFIELD ANDREW V. HECHT SPENCER. F. SCHIFFER KATHERINE HENDRICKS WILLIAM K. GUEST, P.C. KIRK B. HOLLEYMAN, P.C. ATTORNEYS AT LAW VICTORIAN SQUARE BUILDING 601 EAST HYMAN AVENUE ASPEN, COLORADO 81611 October 5, 1982 Mr. Alan Richman Assistant Planning Director Aspen/Pitkin Planning Office 130 S. Galena Aspen, Co. 81611 Re: 620 E. Hyman Building Dear Alan: TELEPHONE iO3) 925-1936 - -�-- ELECOPIER 03) 925-3008 CCT 198� LE ADDRESS `GARHEC' PIEN / F5;TKW CO. V-ANNING OFFICE With respect to the question of whether or not the dwelling unit located on the upper floor of the referenced building can be remodeled and enlarged exempt from the Growth Management Plan, you stated in a letter to Larry Yaw dated August 19, 1982, that the operative regulation in that regard is Section 24-11.2(a) of the Code. That section as amended by resolution number 82-9 of the Planning and Zoning Commission provides an exemption for "...the remodeling, restoration or reconstruction of any building existing as of November 14, 1977, provided there is no expansion of commercial floor area nor creation of additional dwelling units." Section 24-3.1(3)(g) defines dwelling unit as "One or more rooms, in addition to a kitchen and/or bath facilities, intended or designed for occupancy by a family or guest independent of other families or guests." Donald Fleisher confirmed in a letter to you dated August 24, 1982, that the building was completed and occupied with all governmental approvals in place on February 19, 1976, and that a residential unit was in fact constructed in that building and used since that date. It is therefore submitted that, given the applicable sections of the Code and the facts as represented to you, construction can proceed exempt from the Growth Management Plan. Despite the foregoing, I understand that you have some further concerns regarding building code requirements or the ability to have used the unit for residential purposes. I do not see how those questions are at all relevant with respect to Growth Management Plan considerations. Residential dwelling units are permitted in the zone, the unit in question had been used as a dwelling unit prior to the adoption of the Growth Management Plan, and its use as such continued consistently to this date. It should therefore not matter whether or not the GARFIELD & HECHT Mr. Alan Richman October 5, 1982 Page -2- unit technically met all of the building code requirements. The language in the Code is very clear in that if the unit falls within the definition of "dwelling unit" the renovation could not possibly be deemed to be the creation of an additional dwelling unit. Nevertheless, it is submitted that the unit does now and always could have met the applicable building code requirements for a residential unit. Finally, consideration should be given to the fact that from planning and public policy point of view a residential use in that location has always been preferable to a commercial use. I am enclosing a copy of the Planning and Zoning Commission minutes from July 2, 1974, at which, during Ordinance 19 approval, the Commission stated their hope that a residential use would be considered for at least one and preferably the top floor. As you well know, there is no way in which the owner of the building could successfully compete for a Growth Management Plan allocation for that one unit. Given all of the relevant considerations, I would respectfully request that the Planning Department advise the Building Department that a building permit should be issued for the contemplated remodeling as soon as possible. However, if you still insist on presenting this to the Planning and Zoning Commission for a "use determination", I would ask that this be placed on the agenda for the next meeting on October 19th. If you need any additional information, please don't hesitate to call me. Thank you for your cooperation. Very `'truly yours, GA, IELD & HEC , .C. Se�icer F. Schiff SFS/pg enclosure cc: Frank Woods Larry Yaw Paul Taddune BUILVING INSPECTION DEPAR I MLN I rX� CITY OF A N — COUNTY OF PITKIN[_], COL" . DO `�— GENERAL CONSTRUCTION 620 E. Hyman Street, Aspen, Colorado 81611 PERMIT vNEN SIGNED AND VALIDATED BY BUILDING INSPECTION DEPARTMENT THIS PERMIT AUTHORIZES THE WORK DESCRIBED BELOW. toss OF WORK, NEW [3 ADDITION ❑ — _ALTERATION D REPAIR ❑ MON(E L7 WRECk- -.vvNER Bo I5000 NAME 620 Hyman Street Associates ADDRESS Y LICENSE pGreer Construction Company CLASS NAME (AS LICENSED) J Q ADDRESS P.O. Box 5698, West Village, Co. 81615 PHONE v SUPERVISOR FOR THIS JOB NAME Warren Bodie PHONE 925-2122 LICENSE A NUMBER 5733 INSURANCE 925-2805 1 IR DATE CERTIFIED 5 -_EGAL -`ESCRIPTION LOT No. P and Q BLOCK N0. 99 ADDITION A LIC. C-811 SURVEY ATTACHED C DESIGN Thomas Wells & Associates PE NO. Tri-Co Management BY -1Y AREA(S.F.) HEIGHT TOTAL OCCUPANCY GROUP B3 & F2 DIV. AT GRADE f ff (FEET) 27 •-�} STORIES 2 UNITS FIRE 3ASEMENT FIN E) GARAGE SINGLE ATTACHED DOUBLE DETACHED TOTAL ROOMS TYPE L} CONSTR. 3 H.T. & 3-1hr ZONE 1 _'L—_— UNFIN. _ SIZE SPACING SPAN AGENCY AUTHOR IZED DATE Y DEPTH BELOW Elf-Ilf FIRST FLOOR 511 x 162" S'-411o.c. 20'--0" BUILDING i GRADE i �l _ EXTERIOR d FOOTING SIZE 1011 x 1 6" J Z EXTERIOR CONC. FDN. WALL THICKNESS MAS'Y O •6 CAISSONS SLAB r1 THICK, & GR BEAMS 0 MASONRY ABOVE _XTERiO THICKNESS 1ST FLR ,YALL t.T VE S ACE � x 6 ASOFLR. REMARKS qlCEILING 5A" x 51-411o. c. 201-011 ROOF 5WI x 1211 5'-4" o. c. 20'-011 ROOFING MATERIAL Asbestos Built - up RFG. ABOVE ABOVE 811 2ND FLR. 8„ 3RD FLR. ABOVE 2ND FLk ABOVE I'110. C. 3RD�FLR. - 0_ S_ REVIE W ZONING PARKING PUBLIC HEALTH ENGINEERING J� MOTES TO APt'LICANT _ ��-� FOR INSPECTIONS OR INFORMATION CALL 925- 7336 VALUATION FOR ALL WORK DONE UNDER THIS PERMIT THE PERMITTEE ACCEPTS FULL RESPONSIBILITY FOR ��- COMPLIANCE WITH THE UNIFORM BUILDING CODE, THE COUNTY ZONING RESOLUTION OR CITY ZONING ORDINANCE, AND ALL OTHER COUNTY RESOLUTIONS OR CITY ORDINANCES WHICHEVER OF WORK �Oj aO0 APPLIES. PLAN TOTAL FEE SEPARATE PERMITS MUST BE OBTAINED FOR ELECTRICAL, PLUMBING AND HEATING, SIGNS, t� SWIMMING POOLS AND FENCES. FILED T P $ ! . CC , ! PERMIT EXPtRFS 60 DAYS FROM GATE ISSUED UNLESS WORK IS STARTED. lo DC,UBLE CHECK ❑ 1 + S 1 REQUIRED INSPECTIONS SHALL BE REQUESTED ONE WORKING DAY IN ADVANCE. FEE CASH I ALL FINAL INSPECTIONS SHALL BE MADE ON ALL ITEMS OF WORK BEFORE OCCUPANCY IS PERMITTED. 1 THIS BUILDING SHALL NOT BE OCCUPIED UNTIL A CERTIFICATE OF OCCUPANCY HAS BEEN ISSUED. BUIL ING DEPARTMENT 1 PERMIT SUBJECT TO OCATION OR SU NSION FOR VIO:ATION OF ANY WS GOVERNING SAME ,' M� I SIGNATURE �-t_ 9- �� " n ' i OF a-! / APPROVAL BY DATE 1APPLICANT: �L --- DATE PERMIT NO. LICENSE RECEIPTS CLASS—AMOUN' THIS FORM f A PERMIT ONLY WHEN VALE ATED HERE�_f INSPECTOR'S COPY y4`j�j��i--�l��'Gil� 4 CITY C!,' A2;I'1-;: u CUSTOF E,P ATI'Llt"A rIC Il AND L',ATA G:ir.F`C - f C1.ii WATER AND TAP I'ERt-iIT �K(To be filled in by Vater. Department) DATE 1 r MCNTH � � � ' � _ YEAR i(LOCATIGN NO. *ACCOUNT NO. i(TAP PEI'.MIT 1�2. PROJECT NAME STREET ADDRESS BLOCK pj�, SUBDIVISIO`I OTHER CITY O COUNTY * PRESSURE ZCiiE (PU?:PING STATION GRAVITY OWNER _ �) �� 7r� n ,C -t^ c �_� `� S (L1 nA z. -nEF.':CI%E P1C r;AILING ADDRESS 0 • �, TELEPHONE NC. GENZERAL COAT"i'RAC`=CR .� c-r-- SERVICE LINE CO`;'"-,ACTCP TELEPi?C;;E NO. TYPE OF USE: (INDICATE IF ItIX:'n) *NUI VEIL OF D EOILLING UNITS �1 o Y1 Q NSi.i AD?``; o ALT.= BUILDINI PERI•IIT NUh`?ER (.-2 7 ISSUED: YES. NO . PLUMPING PE.'MIT ISSUED: YES � I:0 FIRE PRO`i'ECTIC:; SYS:'E,;: Y=S f SIZE OF FINE LINE Q- SPRI IiKLr"''tr p 1� STAND PIPE SIZE OF SERVICE LINE DESIRED A - DOES CUSTONER (IF RESIDENTIAL) D •SIitF, 'I'ET "-R? DOES CUS'i'Oi;ER ,(IF RESID-ENTIAL) DESIRE FD.T RATE? F-1 APPROXIMATE DATE TAP IS TO BE 111ADE A1'PROXI%,LATE DATE STRUC'TIT;iE WILL BE OCCtPL APPLICANT ---- — — IIATF,--- ��\� -c- ,•"�,�, DATEBy Il N A.SE, FILL Our .;1 I'E Ci' TII1 1�1`12M. C I T S P E N aspen, cn" �-a��3, eksn box v CERTIFICATE OF OCCUPANCY CITY OF ASPEN, Colorado DATE: ` a r �. ; i , 1 �� 7 5 LOT P x BLK. -ADDITION 7 99 This is to Certify that a certain structure located at and OWNED BY erected under BUILDING PERMIT NO. •7197- complies with the requirements of the UNIFORM BUILDING CODE, 19_1 x• Edition. - Occupancy Group P2 * Type Construction Fire Zone COMMENTS AND RESTRICTIONS: 1) S':cil of Pirat and only.:4-eed building permit and CO for oartiti/o� . "_ra' -t. * 2nd. floor. 2) 42 ir_.:.'_: guardrails required on 2nd. floor balconies. * Signed: * Chief Building Inspector " " 7 7 . • _ (� rITV nF ACPFN _ CWINTY OF PI T KINF 1. COLORADO ADDRESS,.`' GENEAL OF J03 6 2 0 Hyman _ CONSTRUCTION PERMIT .__ _ WHEN SIGNED AND VALIDATED BY BUILDING INSPECTION DEPARTMENT THIS PERMIT AUTHORIZES THE WORK DESCRIBED BELOW. ,r 1= -'76 27417# *** *35. CLASS OF WORK: NEW D ADDITION D ALTERATION k- REPAIR D MOVE D WRECK J OWNER NAME Don J. Fleisher ADDRESS `?R 1!`"rHONE27912# ****211. LICENSE LICENSE cc 0 NAME (AS LICENSED) Pecjak Construction Co. CLASS NUMBER U INSURANCE D ADDRESS PO Box 153 PHONE 927 3920 Z O SUPERVISOR v FOR THIS JOB NAME DATE CERTIFIED LEGAL DESCRIPTION LOT NO. P & Q BLOCK NO. 9 ADDITION l dvv'v� '5 E SURVEY ATTACHED D DESIGN A Lk. BY BY PE NO AREA (S.F.) HEIGHT NO. TOTAL OCCUPANCY �- AT GRADE (FEET) STORIES UNITS GROUP DIV. BASEMENT F'" C] GARAGE SINGLE Q ATTACHED O TOTAL TYPE ` ( I 1r^V-Y/ FIRE ZONE I UNFIN. DOUBLE DETACHED ROOMS CONSTR. l 1 1_ DEPTH FIRST SIZE SPACING SPAN AGENCY AUTHORIZED BY DATE Z BELOW GRADE h FLOOR BUILDING O F REVIEW F Q EXTERIOR FOOTING SIZE N O CEILING ZONING Z EXTERIOR CONC. ❑ PARKING O FON. WALL THICKNESS MAS'Y U ROOF PUBLIC HEALTH THICK CAISSONS D ROOFING SLAB 8 GR. BEAMS MATERIAL ENG!NEERING MASONRY ABOVE ABOVE ABOVE EXTERIOR THICKNESS 1ST FLR. 2ND FLR. 3RD FLR. ALL STUD SIZE ABOVE ABOVE ABOVE & SPACE IST FLR. 2ND FLR. 3RD FLR. REMARKS -* adding partitions for three offices: ei- s` her (3,600 n(iY 2 Dr. Wilson & Galler(2,000)-/T-S NOTES TO APPLICANT: FOR INSPECTIONS OR INFORMATION CALL 925- 7336 -- VALUATION FOR ALL WORK DONE UNDER THIS PERMIT THE PERMITTEE ACCEPTS FULL RESPONSIBILITY FOR COMPLIANCE WITH THE UNIFORM BUILDING CODE, THE COUNTY ZONING RESOLUTION OR CITY OF WORK 6,500 ZONING ORDINANCE, AND ALL OTHER COUNTY RESOLUTIONS OR CITY ORDINANCES WHICHEVER APPLIES. SEPARATE PERMITS MUST BE OBTAINED FOR ELECTRICAL, PLUMBING AND HEATING, SIGNS, PLAN TOTAL FEE SWIMMING POOLS AND FENCES PERMIT EXPIRES 60 DAYS FROM DATE ISSUED UNLESS WORK IS STARTED. FILED T P '9' 6. REQUIRED INSPECTIONS SHALL BE REQUESTED ONE WORKING DAY IN ADVANCE. ` DOUBLE CHECK L� $ 7j4 L?- ��.1 ' C ALL FINAL INSPECTIONS SHALL BE MADE ON ALL ITEMS OF WORK BEFORE OCCUPANCY IS PERMITTED. FEE CASH �• U THIS BUILDING SHALL NOT BE OCCUPIED UNTIL A CERTIFICATE OF OCCUPANCY HAS BEEN ISSUED. BUILDING DEPARTMENT PERMIT SUBJECT TO REVOCATION OR SUSPENSION FOR VIOLATION OF ANY LAWS GOVERNING SAME. SIGNATURE 11�� OF YV � a A' APPLICANT: ✓"`� � G' /`�'� APPROVAL BY V DATE THIS FORM IS A PERMIT ONLY U WHEN VALIDATED HERE -- ► DATE I PERMIT NO. 4-8-761 107-76 LICENSE RECEIPTS CLASS I AMOUNT Im a INSPECTOR'S COPY y CITY OF AS EN ' 130 SOUTH GALENA STREET - ASPEN, COLORADO 81611 MESSAGE REPLY TO J DATE .DATE a ecwLific-?te of oontf-Ct 6ul office'. 0.1 RY ' SIGNED 10 d 4 MEMORANDUM TO: Paul Taddune, City Attorney Jim Wilson, Building Department FROM: Alan Richman, Planning Office RE: 620 E. Hyman GMP Exemption DATE: October 13, 1982 Attached is an application requesting approval for the reconstruction of the top floor of 620 E. Hyman as a residential unit as an exemption from our growth management regulations. This application is the result of meeting in Paul's office on October 1 between the applicant, his representatives and ourselves to try to resolve the various questions which have been raised concerning this project. At that time we agreed to process an application before P & Z for them to make a determination as to the legality of the dwelling unit in this building and therefore whether it can be expanded. Paul, I would appreciate any comments you have concerning any legal issues associated with this project. Jim, I would like for you to explain in written form your reasons for denying the applicant a building permit, particularly your explanation of the UBC requirements regarding residential versus commercial construction. Please return these comments to me by October 22, as this applica- tion will be heard by P & Z on November 2. Thanks. CITY OF ASPEN 130 south galena s, reet aspen, colorad 1611 303-925 -20 0 MEMORANDUM DATE: October 27, 1982 TO: Jim Wilson Alan Richman FROM: Paul Taddune RE: Jim Wilson's Memo of October 23, 1982 Reference the last paragraph of Jim's memo indicating that there is more information available but that Jim never likes to show his full hand until all bets are on the table. I hasten to put out to all staff that this matter should be viewed as "fact finding", "public serving" and not "adversarial". I sug- gest that all relevant information be compiled immediately and that each of you make an independent, objective recommendation regarding this application. PJT/mc RONALD GARFIELD ANDREW V.HECHT SPENCER. F. SCHIFFER KATHERINE HENDRICKS WILLIAM K. GUEST, P.C. KIRK B. HOLLEYMAN, P.C. ATTORNEYS AT LAW VICTORIAN SQUARE BUILDING 601 EAST HYMAN AVENUE ASPEN, COLORADO 81611 October 8, 1982 Mr. Alan Richman Assistant Director Aspen Pitkin Planning Office 130 S. Galena Aspen, Co. 81611 Re: 620 E. Hyman Building Dear Alan: * 7 ri w Er T,E'U4HONE OGT 1QC27 i7 (303),925-1936 �` TELL OPIER ASprr x ' Pl7f(}N C (303) 925-3008 ri1� V j CABLE i�lfi j/- ,Ji.I-1! ADDRESS "GARHEC" Pursuant to our conversation of yesterday, please consider this as an application for an exemption from the Growth Management Plan pursuant to Section 24-11.2(a) of the Code for the remodeling and reconstruction of the top floor of the referenced building. The remodeling and reconstruction is with respect to a residential unit in that location. As I indicated to you in my letter of October 5, 1982, the exemption is appropriate since there will be no expansion of commercial floor area nor creation of additional dwelling units. I am also including a check in the amount of $225 as the application fee and plan to submit some further information under separate cover. Would you kindly place this on the next available Planning and Zoning Commission agenda which I understand is November 2, 1982. Thank you for your cooperation. Very truly yours, GA IELD & HT p cer �F . Sc f fer SFS/pg enclosures cc: Mr. Frank Woods RONALD GARFIELD ANDREW V.HECHT SPENCER. F. SCHIFFER KATHERINE HENDRICKS WILLIAM K. GUEST, P.C. KIRK B. HOLLEYMAN• P.C. ATTORNEYS AT LAW VICTORIAN SQUARE BUILDING 601 EAST HYMAN AVENUE ASPEN, COLORADO 81611 October 14, 1982 Mr. Alan Richman Assistant Planning Director City of Aspen Planning Office 130 S. Galena Aspen, Co. 81611 Re: 620 E. Hyman Building Dear Alan: (j L' �' •- ; � ' t L TELEPHONE / (303) 925-1936 _ TELECOPIER "T 1 1982 ! (303) 925-3008 ABLE ADDRESS F+-�EN / PITi/Mry co, "GARHEC" Q:iAN11" G GrF10E In accordance with your request, I am enclosing herewith a copy of a Transamerica Title Insurance Commitment which indicates that as of October 1, 1982, title to the referenced building located on Lots P and Q, Block 99, City and Townsite of Aspen, was vested in 620 Hyman Associates, a Colorado joint venture, together with a copy of an assignment of interest in 620 Hyman Associates and an amended trade name affidavit, all of which confirm that Frank J. Woods, III, and Susan J. Woods are the owners of said property. Very truly yours, GARFIELD & HECgT, P.C. r r Spenc6r F.jSbhi f SFS/pg enclosures cc: Mr. Frank J. Woods Cd IITMENT FOR TITLE INSURANd ISSUED BY Transamerica Title Insurance Company r Donald J. Fleisher Company 620 East layman Aspen, Colorado 61611 Attn: Andrew r_ Your Reference No. 7302251-0 Sheet 1 of A A)IOUNT PREMIUM OWNER $ 1,250,000.00 $ 2,397.50 MORTGAGE $ _$ ADDITIONAL CHARGES - COST OF TAX CERTIFICATE 5.00 SURVEY COSTS TOTALS $ 2,402.50 CC's To: COMMITMENT TO INSURE Transamerica Title Insurance- Company, a California corporation, herein called the Company, for a . valuable consideration, hereby commits to issue its policy or policies of title insurance, as identified in Schedule A, in favor of the proposed insured named in Schedule A, as owner or mortgagee of the estate or interest covered hereby in the land described or referred to in Schedule A, upon payment of the premiums and charges therefor; all subject to the provisions of Schedules A and B Pnd to the conditions and stipula- tions attached. Customer Contact: T.J. Johnson By VincEnt J. H ens_ Phone: 925-1766 AUTHORIZED SIGNATURE. The effective date of this commitment is OCT013ER 1, 19 82 ?t_12:00 P u At which time fee title was vested in: 620 IIYMM ASSOCIATES, A COLORADO JOINT VENTURE SCHEDULE A 1. Policies to be issued: (A) Owners': 620 HYYJAN ASSOCIATES, A COLORADO JOINT V.EN'I' ME (B) Mortgagee's: hn, !filial TLcr.7-]-81 SCHEDULE A --Continued 2. Covering the Land in the State of Colorado, County of pit -kin Described as: LOTS P & Q, BLOCK 99 CITY AND TO gNSITE OF IvSPEN min No. GI422 SCHEDULE A —Continued REQUIREMENTS 3. The following are the requirements to be complied with prior to the issuance of said policy or policies. Any other instrument recorded subsequent to the date hereof may appear as an exception under Schedule B of the policy to be issued. Unless otherwise noted, all documents must be recorded in the office of clerk and recorder of the county in which said property is located. A. Release, by the Public Trustee.- of the Deed of Trust from Donald J. Fleisher to the Public Trustee of the County of Pitkin for the use of _ James E. Cox to securd $200,000.00 dated July 17, 1982 - recorded _ July .9, 1982 in Hook 420 at Pc:ge 419 B. Release, by the Public Trustee, of the Deed of Trust from G20 Ilyman Associates, a Joint Venture, ana Donald J. Fleisher, individually, its sole Joint Venturer to the Public Trustee of the County of Pitkin for the use of Richard R. hoods to secure $25,000.00 dated July 30, 1982 recorded August 3, 1982 in Book 430 at Page 410 C. Duly acknowledged assigrmnent of joint venture interest "rcm D:--NALD J. 3'T,SISIEM Tp FRANK J. WC ODS III AND SUSAN JOAN WOODS, JOINT XUvTvZ ?.S F. Trade Name affidavit of 620 Hyman Associates, a joint Yenture, disclosing the name and addresses of all joint venturers. 9 SCHEDULE B THE POLICY OR POLICIES TO 13E ISSUED HEREUNDER WILL NOT INSURE AGAINST: 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 records. 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, im- posed by law and not shown by the public records. 5. Taxes due and payable; and any tax, special assessments, charge or lien imposed for water or sewer service, or for any other special taxing district. 6. All ore and mineral bearing rock and earth beneath the surface of subject property as granted by instrument recorded June 6, 1891 in Book 98 at Page 475. 7. Reservations and -exceptions in Patent and Acts authorizing the issuance thereof. Patent recorded on subject property on March 1, 1897 in Boo., 139 at Page 216, providing, "that no title shall be hereby acquired to any mine of gold, silver, cinnabar or copper or to any valid mining claim of possession held under existing laws". 8. Deed of Trust from : 620 Iiyr n Associates to the Public Trustee of the County of Pitkin for the use of Colorado Federal Savings and Ic n Association to secure $455,000-00 dated September 30, 1976. recorded October 5, 1976 in Book 317 at Page 635 :n No. C-142.4 Rev. 4-38-76 Trans, erica Title Insurance C -npany Arapahoe - Douglas Lorimer 2000 Wed littielon Bouievord 151 Wed Mo-1.'), A—e litlieton, Colorado 80120 Box 1100 (303) 795-4000 Fort Co111ns, Colorado 20572 (303) 493-64M Denver - Adams 1800 Lawrence Street M:so Denver, Colorado 80202 331 Rood A-"— (303) 629-4800 Grand )unction, Co1o•cdo B1501 (303) 24?-8734 Boulder e Pilkin 1317 Spruce Street 601 Z. Popriss Boulder. Colorado 80302 Assbn, Co'orodo 21611 (303) 443-7160 13031 925.1766 Eagle Pueblo 108 South Frontage Rood 627 North Main S'•ee1 Box 1700 Pueblo, Cot orodo 81003 Vail, Colorado 81657 1303) 543-0451 (303) 629.4956 e Rouit - Jackson EI Paso 507 Lincoln Street 418 South Weber Street Box 773563 Colorado Springs, Colorado 80903 Steombool Sptinps, Colorado E:.477 (303) 634-3731 1303) 879-1611 Jefferson Weld 1675 Cart Street 918 Tenth 51reet Lakewood. Colorado 80215 Greeley. Cotarode 2-0631 ' (303) 231-2800 (303) 352.2233 Transamanna Title services CONDITIONS .AND STIPULATIONS Please read carefully 1. This is a Commitment to issue one or more policies of title insurance in our Standard Form when the requirements set forth in the Commitment have been satisfied. The policy is available and should be examined before this Commitment is used if there is any question about coverage. 2. Only the policies shown are committed to. If there are any changes in the transaction, order an amendment from us. 3. The date on this Commitment is important. Nothing after that date has been considered by us. 4. This Commitment is good for 6 months only. Extensions should be ordered from us if they are needed. i t,nn No. C-147..A )tev. 7-1-81 Attila 3 to 'IYO f onrdn'3 a part of CCnrnitrnant No. 7302251 C-2 Issued by Transamerica Title Insurance Cai-..a y REQUIREMENT A_IS HEREBY DELETED WITH AUTHORITY. EXCEPTION NO. 9 IS HEREBY ADDED TO SCHEDULE B, EXCEPTIONS. 9. DEED OF TRUST FROM: DONALD J. FLEISHER TO THE PUBLIC TRUSTEE OF THE COUNTY OF PITKIN FOR THE USE:OF JAMES E. COX TO SECURE $200,000.00 DATED JULY 17, 1982 RECORDED JULY 19, 1982 IN BOOK 420 AT PAG :19. IN ALL OTHER RESPECTS SAID COMMITI-IENT SHALL REMAIN THE SA"=. DATED THIS 1ST DAY OF OCTOBER, 1982 AT ASPEN, COLOR':DO. This endorsement is made a part of the cam-nitment and is subject to all the terms and provisions thereof and of any prior endorsements thereto. Except to the extent expressly stated, it neither modifies any of the terms and provisions of the co mit- rrent and prior endorse-ents, of any, nor does it extend the effec-ti.ve date of the comnitrnent and • prior endorsements or increase the face a-roirits thereof. EKIT D: 10/1/82 Transamerica Title insurance GaTp my G`vdp,) a _J ENDORSEMENT t ATTACHED TO AND FORMING A T O'F COMMITMENT NO. 7102251 ISSUED BY TRANSAMERICA TITLE INSURANCE CC''_PA':i THE EFFECTIVE DATE OF THE ABOVE NUMBERED COMMITMENT IS r'.�?_:3': ._.=:`:T�=D TO: OCTOBER 4, 1982 AT 9:4.0 A.M. FORM 100.31 WILL BE ISSUED FOR EXCEPTIONS 6 AND 7 OF THE .30%-Z :: .±3FRFD CO:L.ITTME:NT FOR A FEE OF $239.75. IN ALL OTHER RESPECTS SAID COMMITMENT SHALL REMAIN THE DATED THIS 4TH DAY OF OCTOBER, 1982 AT ASPEN, COLORADO. THIS ENDORSEMENT IS MADE A PART OF THE COMMITMENT AND IS SUBJECT TO t_LL THE TERMS AND PROVISIONS THEREOF AND OF ANY PRIOR ENDORSEMENTS THERETO. EXCEEPT TO THE EXTENT EXPRESSLY STATED, IT NEITHER MODIFIES ANY OF THE TERMS AND PROVISIONS C= THE Cv`_-ITY=-T AND PRIOR ENDORSEMENTS, OF ANY, NOR DOES IT EXTEND THE EFFECTIVE DATE C:' THEE CO%'_'•`.I':''• ,-T AND PRIOR ENDORSEMENTS OR INCREASE THE FACE AMOUNT THEREOF. TRANS *1ERICA TITLE11NSUR:,"NCE CWLPANY . BY: d AUTriO?1 G:TURE ASSIGNMENT OF INTEPEST I` 620 HYMAN ASSOCIATES FOR VALUE RECEIVED, the undersigned, DONALD J. FLEISHER whose address is 27 McSkimming Road, Aspen, Colorado 81611, hereinafter called the Assignor, hereby irrevocably assigns, transfers and sets over un. o FP�4NK J. WOODS, III, and SUSAN JOAN WOODS whose address is O. � ,r Aspen, Colorado 81611, hereinafter called the Assignees, all of his right, title and interest in and to "620 Lyman Associates", a joint venture, according to the written Joint Venture Agreement for 620 Hyman Associates, dated i;ay 1, 1975, as amended by Amendment to Joint Venture Agree-ent dated February 6, 1976, including, without limitation, all apse s thereof of any nature or description, and The Assignor hereby warrants to the =ssignees that he is the owner of an undivided one hundred percent (100%) interest in and to 620 Hyman Associates, free and clear of all claims., liens and encumbrances. The Assignor further represents to the Assignees that 620 Hyman Associates is the fee simple owner o the following described real property situate in the County of Pitkin, State of Colorado, to wit: Lots P and Q in Block 99, City and Townsite of Aspen, and that 620 Hyman Associates' interest in title to the said above described real property is encumbered only by the lien of that certain deed of trust dated September 30, 1976, and recorded on October 5, 1976, at Book 317 at Page 635 of the records of Pitkin County, Colorado, for the use and benefit of Colorado Federal Savings & Loan Association, securing a loan of 620 Hyman Associates in the original principal amount- of $455,000.00, the principal balance of which has been reduced to $ / The Assignor hereby represents, covenants and acknow- ledges that pursuant to the foregoing assignment that all of the Assignor's right, title and interest in and to the real property hereinabove described is hereby granted, transferred and con- veyed unto the Assignees. IN WITNESS WHEREOF, the Assignor has hereunder set his hand and seal on the S day of Sept-embe_, 1982. DONALD J. FLEISHER STATE OF COLORADO j SS. COUNTY OF PITKIN ) The foregoing Assignment was executed before me this day Of �C, 1982, by DONALD J. FLEISi-IER. t7IatIESS my hand and official seal. My commission expires: i NOTARY PUBLIC [SEAL] Address: UZ7 Recorded at Reception No. O'clock .m. I AMENDED TRADE NAME AFFIDAVIT STATE OF COLORADO ) ss. COUNTY OF PITRIN ) Recorder Frank J. Woods III of the County of Pitkin, in the State of Colorado, being first duly sworn, upon oath deposes and says that: 1. 620 Hyman Associates is a Colorado joint venture and is the name under which a business or trade is being carried on at 620 East Hyman Avenue, Aspen, in the County of Pitkin and State of Colorado. 2. A trade name affidavit for 620 Hyman Associates was filed on August 12, 1976, Reception No. 186136, in the office of the Clerk and Recorder of Pitkin County, Colorado and recorded in Book 315 at Page 362. 3. All joint venture interests of the .joint venturers listed in that trade name affidavit filed August 12, 1976, were conveyed on October 1, 1982. 4. The full first names and surnames and addresses of all persons who are now represented by the said name of'620 Hyman Associates are as follows: Frank J. Box 3421 Aspen, CO Woods III 81612 Susan Joan Woods Box 3421 Aspen,.CO 81612 5. The affiant is one of the persons carrying on said business or trade under the above name. R/ rank J. S• oods I .Subscribed and sworn to before me this 1` day of October, 1982. WITNESS my hand and official seal. My commission expires: Notary Public / Address: �Cr1G "-g-, "-,9 `o `_\ _ \o�Z