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Home My WebLink Aboutcoa.lu.gm.620 E Hyman Ave.1982 MEMORANDUM TO: FROM: Aspen Planning and Zoning Commission RE: Alan Richman, Planning Office 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-l 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 permitte~ 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- m~nted 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 residen~ial. . ~~"'.- -~_.._~..':--..,,> <-..C.., . "-~-, . C' -'.r~"' "'... _0 _~<-:.~ ._~~~.:" U' _,_. _ ' ~'~.' "Plan Richm;ln, Ass '-t '. , ':' October 23,' 1982 Page 2 "t-' - -~ ' .....~. ; ,lUning Director - -- 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 the 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 I"" \,.,./ o GARfHJEJLD Be HIECHT RONALD GARFIELD ANDREW v, HECHT ATTORNEYS AT LAW VICTORIAN SQUARE BUILDING 601 EAST HYMAN AVENUE ASPEN, COLORADO 81611 October 5, 1982 ~ 7~~ '~l~:- 1 :l}', ' I {,', 1 (', 'f I " (...:1 . --,~;"-,,,",!}~~..:%-C'--' :-.'~ f"j\: "-'''''~:fj1.,_t''''l~ -- J ,-'''' . ~ ,.: ( ''"'.... I ,":...._-,JC.:JJLC:~ II eCT,' 1982 U ----."'---.. - ~;Ei') / F', r:q~\l co. t_i\'~riii~G OFFICE TELEPHONE 03) 925,1936 ELECOPIER 03) 925,3008 LE ADDRESS 'OARHEC" SPENCER F, SCHIFFER KATHERINE HENDRICKS WILLIAM K. OUEST, p,c. KIRK B. HOLLEYMAN. p,c. Mr. Alan Richman Assistant Planning Director Aspen/Pitkin Planning Office 130 S. Galena Aspen, Co. 81611 Re: 620 E. Hyman Building Dear Alan: 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-ll.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 1"", V o 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, ruly yours, ; mD~.C. , e cec F. 'Chiff~ SFS/pg enclosure cc: Frank Woods Larry Yaw Paul Taddune '.._--'---~'-~~'M_"__" BUILDING INSPECTION OEPARTMEN I .JE] CITY OF A' . "N - COUNTY OF PITK:Ni"J COLORADO , , r" TJ GENERAL 620:C' Hyman Street, Aspen, Colorado 81611 CONSTRUCTION PERMIT -- .--""',N;tfN SIGNED AND VALIDATED 81' BUilDING IN~f'EC1l0N Dt~ARIM_-[NT ,HI~ ;;-ERMIT AUTHORlZE5 THE WORK DE5CRIBED BELOW. l REPAIR01SY\ MOV~'aO#w1t~~~' 5 _vss OF WORK: NEW ~ ADDITION n ALTERATION 0 ",WNER ,.. NAME 620 Hyman Street Associates ADDRESS Bo~ 15000 PHONE 925-2122 "" LICENSE LICENSE 0 NAME (AS LICENSED) Greer Construction Company CLASS A NUMBER 5733 ... U IN5URANCE < "" ADDRESS P.O. Box 5698, West Village, Co. 81615 PHONE 925-2805 IX ... z 0 SUPERVISOR u FOR THIS JOB NAME Warren Bodie DATE CERTIFIED , .EGAL 'JESCRIPTION LOT NO, P and Q BLOCK NO. 99 ADDITION :;URVEY ATTACHED 0 DESIGN . A lie. C-811 ::;y Tri-Co Management BY Thomas Wells & Assoclates PE NO. ARU. (S.F.) I HEIGHT NO, TOTAL OCCUPANCY .. T GRADE (FEET) 27'....-4" STORIES 2 UNITS GROUP B3 & F2 DIV. 3ASEMENT FIN g 0ARAGE SINGLE o ATTACHWO TOTAL TYPE ~ J fiRE UNFIN DOUBLE o DETACHED 0 ROOMS 4 CON ST'. 3 H. T. & 3-1 hr ZONE 1 DEPTH FIRST S,lZE S,PACING SPAN AUTHORIZED BELOW ~" x 16l<" AGENCY BY DATE ~ 11 '_Ill FLOOR 5'-4lto.c. 20'-0" - GRADE I :> '" 2 BUILDING - EXTER1QR ... REVIEW - '" FOOTING CflLlNG ~ I 4: SOlE 10" X 16" 0 5 tl X 16~T1 51-4"o.c. 20'-0" ZONING - ~ -. 2 Z EXTERIOR CONe. ~ ;...- ::) FDN. WALL 8" ROOF 5){!" X 12" PARKING ::> THICKN!:SS MAS-V 0 5'-4" o.c. 20'-0" ... , PUBLIC HEALTH Ir~~K 0 CAISSONS 0 ROOFING & GR.BfAMS MATERIAL Asbestos Built - un RFG. MASONRY ABOVE ABOVE ABOVE ENGINEERING P4.P .,ltd7i ';:XTERIOD THICKNESS 1ST FL.R 8" 2ND FlR 8" 3R(l FlR. , I ,vALL STUD Sll2 ABOVE ABOVE ABOVE , t. SPACE X 6 1ST FlR. 2ND FLR 16"o.c. 3RD FlR 'ilEMARKS ..:', , " c~ '1 -(j - -, Lj \ ' , . f -:I:i.. "'.>.,11:\-1 <j , ,) ""r' 9lS,"'~ -;:; ,. I .. 1c~'2.0 (1 C-(L/ '"t", - 'irt :0 ~-e.:~ '63C" .'5'<;' ~ "" .. i HOTES TO APPLICANT: FOR INSPECTIONS OR INFORMATION CALL 125-73.36 .. fOR ALL WORK DONE UNDER HilS PERMIT THE PERMITTEE ACCEFTS FUll RESPONSIBILITY FOR VALUATION $ , COMPLIANCE WITH THE UNIFORM BUILDING CODE, THE CDUNn ZONING IlESOLUT10N OR CITY -=300} (lOO - lONING ORDINANCE, AND ALL OTHER COUNTY RESOLUTIONS OR CITY ORDINANCES WHICHEVER OF WORK APPLIES. , SEPARATE PERMITS MUST BE OBTAINED fOR ElECTRICAL, PLUMBING AND HEATING, SIGNS. PLAN -0 TOTAL FEE , SWIMMING POOLS AND fENCES. I PERMIT EXPIRfS 60 DAYS FROM DATE. ISSUED UNLESS WORK IS STARTED. FILED T P '58'7.c>() , RIQUIRED INSPECTIONS SHALL BE REQUESTED ONE WORKING DAY IN ADVANe!:. DOUBLE CHECK 0 ~f''''''~ , r! I ALL FINAl INSPECTIONS SHALL BE MADE ON All ITEMS OF WORK BEfORE OCCUPANCY IS PERMITTED. HE 0 CASH 0 $ 'i '6.S< t THIS BUILDING SHALl NOT BE OCCUPIE.D UNTIL A CERTIFICATE Of OCCUPANCY HAS BEEN ISSUED 0 BU,IL~RTMENT I PERMIT SUBJECT ~CATlON O~NSION FOR VIDlATI~N OF ANY~WS GOVERNING SAME. Q+ ~fl 7 -/5 -;:' '" ISIGNATURE =' 'C::''E,z.. ~-::. "~e-::f,.- . I Of 71 "'. ' .' .~. 1 IAPPlICANT: . ~ ~ J., ./ - , ~ APPROVAL BY DAn: iii THIS FORM Ii. ~ PERMIT ONLY DATI PERMIT NO. LICENSE R[CUPTS CLASS AMOUNT _ WHEN VAll ATED HERE > I '" \iie--iS - ,,-/-:'-7') - l.. INSPECTOR'S COpy ( ATmC-oW-MtSUI-d1 t ') . ,-.,- .. - .. , /'~'" - ~, , . . ~~. ~ .- ,",~-,. - --- Ii I CITY C!i' A::rL~; "';ATCH Dt.:r ,'1!1T:~E~; r CUSTOl-~EP ATl'LICA'l'lC II Atl)) DATA S;rrTf - F'C,R ,;ATER MID TAP PERlllT <<(To be filled in by 'i<j.tcr Department) DATE , ! ~ \_........ I YEAR ..-'] ~ It:. . .' MONTH <<r.oCNrICN NO. I <<ACCOUn 110. <<TI,l' PEP-HIT NO. pROJ EeT N,\\.~E STREIT ADDRESS (I)~O 1"- ,... \-\ Vl~'i'\ :'/'/"'0 J q q SUBDIVISION ~j)''^''V'\ <:-,;.:l tt, CITY 0 COUlITY 0' <<GRA VITY BLOCK GENERH CONTRACTCR 0.,_",0/<- (\"'\^J~' ('~I) " TELEFIiON!,; HC. q ?. 5" - :2. 3 0 :::J I I I I r ! i I i I * pHESSURE ZOllE (rU!.:FING STATION) Dill/Ell ~~() \-\'!'"Y'\Af>,,^ ~-\.....",~+ A""~n(\'\I)o.'h~.eLErHClIE Nc.q?.S-~I2.2- I . . 'P.O. Box IS 0 00 A.-:.. r;:-,Q V'\. . MAILING ADD:lESS SERVICE LINE CONTSACTCP. TELEPHClIE lIO. }1LUNBlliG PS2HIT NUi-:3m FIRE PRO'i'ECTICN S'!S':'EH: .Y~S I v/' I 411 SIZE OF FIRE LINE __ ISSl.'EJ: r? I . \ - 1 c r-,\>', 1,.9.."';1\.. <;;."" '-~ n. OY"r,Qb . ALT.D NO D 1:0 D ADD):'D YES. IV- I YES D n \ :\ TYPE OF' USE: (DlDICATE IT" mXED) Ie.. !;lc.;"iC',^A.Y'lA/'f'-, . , -*" NU1.;Bl~H' OF D:mUING UNITS N (i V\ Q.. NEH L V I .-- BUILDING PEmlIT 11U~TER _17 Co') - 7 b ISSUED: NO D SPRINKLER 4-" II" ~ STAND PIFE SIZE OF SERVICE LINE 0ESIRED DOES CUSTOllER (IF RSSIDE!JTlAL) DESIHE l';ITiJ1? 0 roES CUS1'o:,:rn .(IF RESIDE,:TIAL) DESIRE FLAT R/,TE? D APPHOXU:\TE DilTE TAr IS TO BE W,DE Al'PHOxr:.,,\TE DATS STRUCTUiiE HILL BE OCCl'E'IE;) APrLICt\l,T n~TE ----.--- YrflH'I:':D BY (\(] \'-:- ,c:::", . . 'l , ". ' ~~...~\~~~:...::.:}::' -- /-. HrI L111 ::C . D~~,\:(l':\::I:':T - '-I DATE 7 - 1 ;) ~7'/ - ~ , I m,}:ARKSi .. 1'1 !t~A~E FILL our JE'~\: ~:liSE f;J!)E Ci~ THIS -FeIn:. (A~l..._~,Z--) '1 oJ **.**.*********************************************** ,,***.** ,. - .. .. .. .. .. .. .. .. .. .. ., .. .. .. .. .. . .. . CERTIFICATE OF OCCUPANCY .. , .. .. .. .. .. .. . .. .. :: ~CITY OF ASPEN, Colorado : .. .. .. .. .. .. .. DATE: "ilr::i! ),1975 LOT T' I: '2 .. . .. .. .. :: BLK. 99 : . .. :: .ADDITION ~c""!"3i t", : .. .. .. .. .. .. .. .. .. This is to Certify that a certain structure located .. .. .. .. .. .. at G 2:) ~.~. _~Yj:".,:ln )to .. .. .. ;~. * : and OWNED BY . " ".,: ;:."1 [~"'r,:;;.,;' ~,:,:c;()(.i .,l"r.~ : .. .. . .. · erected under BUILDING PERMIT NO. ~7r'7", ,197l-' complies .. . .. . .. '" with the requirements of the UNIFOR.'1 BUILDING CODE, 19 71 .. '" .. . .. *. Edition. .. . .. .. .. '" .. '" .. .. .. '" .. :: Occupancy Group : ~ P2 :: '" .. :: 'l'ype Construction ~,. ~ r, :: .. .:-J.nr. ,.. :: Fire Zone 1 :: '" .. .. .. * .. '" .. '" COMI-lENTS A."lD RESTRICTIONS: 1) S:.ell of riret and C;~~~nrl ~},>o!"<; .. . .. :: only.r;eed building pcrr.li.t and CO for l:)artit~~Y'crl:ot. :1.;"~, :: '" .. .. .. :: 2nd. floor. 2) 42 11:':::. g'.lardrails required on 2nd. floor :: .. .. : balconi~s. : .. .. .. .. .. .. .. .. .. .. :: Signed: : .. Chief Building Inspector .. .. .. .. .. .. .. .. ~a******************************************************************* ! A'rTA~3) CITY " ---. ,; _.'-1 ~- p~SPEN box V aspen .co1::.i:ado. 8iSt1 --. . ......, . UUIt.._II"V ,."..,. ,",_I ._,.. __" .......... .......... Q CITY OF ASPEN - COUNTY OF PITKIND, COLORADO ADDRESS/~ OF JOZ;< 620 Hyman u GENERAL CONSTRUCTION PERMIT CLASS OF WORK: OWNER NAME NEW 0 ADDITION 0 ALTERATION~ WHlN SIGNED AND vALIDATlD BY tlUllDING IN:,PlClIQN DEPARTMENT nus f'lRMIT AuTHORIZES THE WORK OESCR16lD BELOW. Don J. Fleisher ADDRESS '" o l- V < '" I- Z o v LICENSE CLASS NAME (AS LICENSED) pecjak Construction Co. "" 17,')1; 27417# ****35. 0 REPAIRO MOVE 0 WRECK CJ I 'PR l"-1fHON~7912fj ****211.~O LICENSE NUMBER INSURANCE PO Box 153 ~ ~\'o)...\ PHONE 927 3920 o OCCUPANCY r "2- GROUP DIV. TYPE~ \ h-v- FIRE :'rl COHSTR. lONE SPAN AUTHORIZED AGENCY BY DATE BUILDING REVIEW ZONING PARKING puallc HEALTH ENG!NEERING ADDRESS SUPERVISOR FOR THIS JOB NAME LEGAL DESCRIPTION SURVEY BY PttQ ClOt ADDITION LOT HO. BLOCI( NO. ATTACHED 0 DESIGN BY AREA (S.F.) AT GRADE I HEIGHT (FEET) FIN 0 I A E UNF'N 0 I G RAG SINGLE 0 ATTACHED 0 TOTAL DOUBLE 0 DETACHED 0 ROOMS NO. STORIES TOTAL UNITS BASEMENT DEPTH BElOW Z GRADE. 0 i= EXTERIOR FOOTING < SIZE 0 Z EXTERIOR ::l FDN. WALL 0 THlCKNF5S ... THICK 0 SLAB FIRST FLOOR SIlt. SPACING If> l;; o CEILING .., CONe. 0 MAS'V 0 CAISSONS 0 &GR.BfAMS ROOF ROOFING MATERIAL MASONRY ABOVE ABOVE ABOVE EXTERIO[ THICKNESS 1ST FLR. 2ND FLR. 3R[l FLR. WALL STUD SIZE ABOVE ABOVE ASOVE & SPACE 1ST FLR. 2ND FLR. .. 3RD FlR. REMARKS ""* adding partitions for three offices: ""1\ ~~~J.sher(~~O~~~, Dr. Wilson & Galler(2,000) NOTES TO APPLICANT: FOR INSPECTIONS OR INfORMATION CAll ns - 7336 FOR All WORK DONE UND[R THIS PERMIT TH~ 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 ORDINANC~S WHICHEVER APPLIES. SEPARATE PERMITS MUST BE OBTAINED FOR ElECTRICAL, PLUMBING AND HEATING, SIGNS, SWIMMING POOLS AND FENCE$. PERMIT EXPIRfS 60 DAYS FROM DATE ISSUED UNLESS WORK IS STARTED. REQUIRED INSPECTIONS SHALL BE REQUEHED ONE WORKING DAY IN ADVANCE. ALL FINAL INSPECTIONS SHALL BE MADE ON ALL ITEMS OF WORK BEFORE OCCUPANCY IS PERMITTED. THIS BUILDING SHALl NOT BE OCCUPIED UNTIL ^ CERTIFICATE OF OCCUPANCY HAS BEEN ISSUED. 0 PERMIT SUBJECT TO REVOCATION OR SUSPENSION FOR VIOLATION OF ANY lAWS GOVERNING SAME. SIGNATURE 4~ /J /\) APPL?lAHT: ~7.M-{{.k:r f t.~At (/ DATE PERMIT NO. THIS FORM IS A PERMIT ONLY WHEN VALIDATED HERE ) 4-8-76 107-76 INSPECTOR'S COPY DATE CERTIFIED Ti')W~~ A l ' PE NO ~ -If- S"" VALUATION $ OF WORK 6,500 PLAN -0 TOTAL FEE FILED IT, Po 1.~bc> ~[cC OOURLE CHECK $"'; ::>' 't (.) J^ i FEE 0 CASH 0 v: ''I. 4.0 j BUILDING DEPARTMENT ~ iD)I\gv' If q -vr-7Q APPROVAL BY r \ DATE ] LICENSE fI R[CElPTS CLASS =r~u:;- I _ / A~I JXu) -_._,.~"",,-"_.....~,~~._'.'"_.. ...-- MESSAGE REPLY TO C , ." r ('() J DATE 'f) , " , l= ; , " ,}I/ ;: :n 1 (-;~; . j ..DATE 1 ," , -~. , ~ ',: I , , : r) ~; (") ,- st'C,t\' t i oj-) ~_,1' -' " , i: f. n' .T .'] c' ; : 1 -.;-.~""~ i. " .. ! ;/. ( , , ' ,~ ('.' ,1, ,; .: ~c.i (. , .0 " " ~i :1' L i i c ::(, ;' o::'.'~'.:'n} -, .--. .'~ Pl.::: ( 0', ,-,; :,>.;C ',q', " , l. (,,,:;.' u " :. ;-~ \.;: ,-,'...: .>,. ? ,),1.:.' . BY " i : ; :", i SIGNED .- 6 CITY OF AS~'EN 130 SOUTH GALENA STREET - ASPEN, COLORADO 81611 - . . 'it ( A17AcHMEtiT&S-) ;t., --.........,-'-_.~ ,",'"- "'" MEMORANDUM FROM: RE: DATE: Paul Taddune, City Attorney Jim Wilson, Building Department Alan Richman, Planning Office TO: 620 E. Hyman GMP Exemption 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 resDlve 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. CIT } MEMORANDUM DATE: October 27, 1982 TO: Jim wilson Al an 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", "publ ic 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 I"" \".".- - --' GARfHlElD Be HIECHT ,..,.,,~ RONALD GARFIELD ANDREW V, HECHT A lTORNEYS AT LAW VICTORIAN SQUARE BUILDING 601 EAST HYMAN AVENUE ASPEN, COLORADO 81611 October 8, 1982 ].,TlO/II](}I1@X~RW5~~ .n' ,[".1, I': " '1' f HONE , Ii OCT 12 IS'?? (3~925-1936 '- - 'IE~OPIER ASprrv / rli-I"NJ -~ "(303) 925,3008 r' \r,(;'. L"\i\!{\Ji:\ir:: r.'~'r-'" ',"'CABLE ADDRESS _.~ ',..f I-!!..:- "GARHEC" SPENCER F, SCHIFFER KATHERINE HENDRICKS WILLIAM K. GUEST, P,C. KIRK B. HOLLEYMAN, P,C. Hr. Alan Richman Assistant Director Aspen pitkin Planning Office 130 S. Galena Aspen, Co. 81611 Re: 620 E. Hyman Building Dear Alan: Pursuant to our conversation of yesterday, please consider this as an application for an exemption from the Growth Hanagement Plan pursuant to Section 24-ll.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 SFS/pg enclosures cc: Mr. Frank Woods o o GARfIlElLD Be HIECHT 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 ::;If,.,,,,!,,l?!'Ti~~~,..r;;;)7f~'1~ TELEPHONE ASPEN, COLORADO 81611 ;/(,-..--_L)..:~L.r.:::~ (303) 925,1936 Ii:' ! TELECOPIER October 14, 1982 Ii.! OCT 151982 II (303) 925,3008 Lt~_ ABLE ADDRESS .c,se'EN / P!TI\IN CD "GARHEC" PLi\N~nNG OfHCE ~ RONALD GARFIELD ANDREW V, HECHT Mr. Alan Richman Assistant Planning Director City of Aspen Planning Office 130 S. Galena Aspen, Co. 81611 Re: 620 E. Hyman Building Dear Alan: 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, o SFS/pg enclosures GARFIELD & HEC~T, P.C. /;;~A~:f( /// ~ cc: Mr. Frank J. Woods exi IlTMENT FOR TITLE INSURANc[ r' ISSUED BY Transamerica Title Insurance Company I' '1 AMOUNT PREMIUM OWNER $_....---L.?_5Q,.QQll",ll,G..........-S_0...:;l97. ~ MORTGAGE $___ $ ADDITJONALCHAHGES s----~ COST OF TAX CERTlFJCATE $ 5.00 SURVEY COSTS S TOTALS $~402,50 Donald J. Fleisher Company 620 East Hyman Aspen, Colorado 81611 Attn: Andrew .J L Your Reference CC's To: No. 7302251-0 C Sheet 1 of ~ COMMITMENT TO INSURE Transamerica Title Insur;mce'Company. a Califomia corporation, her"in 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 eslate 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 and to the conditions and stipula- tions attached. Customer Contact: Phone: T.J. Johnson 925-1766 By Vince:1t J. lIi']ens A.UIHOi<.IZEP SIGNATURE The effective date of this commitment is CCTOBER 1, At which time fee title was vested in: ,19~aL12:00 PM. , . 620 IIDlAN ASSCX::IATES, A COWRAOO JOJ:NI' VENTUHE SCHEDULE A 1. Policies to be issued: (A) Owners': 620 HYMAN ASSCX::IATES, A COWRADo JOINr VENTURE (B) Mortgagee's: -----,.~~--_. .-, -...."-" ,,",,'-' SCHEDULE A.-Continued 2. Covering the Land in the State of Colorado, County of Described as: wrs P & Q, BLCD< 99 ClTi l\ND TOdNSlTE OF ASPEN '- "l;n No. c.ln~ PiU;in , ( ( ... ,.... '~ , , SCHEDULE A-Continued REQUIREMENTS 3. The following are the requirements to be complied with prior to the j""c,nce of said p?1icy or policies. julY other instrument recorded subsequent to the date hereof may app2i'.r '" "n exception under Schedule B of the policy to be issued. Unless otherwise notcd; all documents must be cecorded in the oflice of clerk and recorder of the county in which said property is loeated. A. Release, by the Public Trust.ee, of t:h2 Deed of Trust from : 'Donald J. Flp.ishp.I to the Public Trustee of the County of pitkin for the use of : Jarres E. Cox to secure : $200,000.00 dated : July 17, 1982 re=rCled : July 19, 1982 in Book 420 at pase 419 B. Release, by the public Trustee, of the to the Public Trustee for the use of : to secure : dated : re=rded : 620 Hyman Associates, a Joint Venture, ar;Cl D:ma1d J. Fleisher, individually, its 5o':>le JOiJ'lt Ve].turer of the Calmly of pi tk.in Rid1ard R. Wcods $25,000.00 July 30, 19 82 August 3, 1982 in Book 430 at Page 410 i Deed of Trust from ': C. Duly acknowlcdgeClassignrrent of joint venture interest .fre] D::~~'\UJ ,J. J"lEISEER ill FRANK J. hDODS III AND SUSAN JOAN IID::JDS, JOIl\vf VE:\'r",C?3 F. TraCle Narre affidavit of 620 Hym.'lI1 Associates, a joint yenturc, disclosing tbe nane and addresses of all joint venturers. I.. \. . ' ......... , '" ..., SCHEDULE B THE POLICY OR POLICIES TO BE ISSUED HEREUNDER WILL NOT INSURE AGAINST: 1. Rights or claims of parties in possession not shown by the public recores. 2. Easements, or claims of easements, not shown by the publjc records. 3, Discrepancies, conflicts in boundary lines, shortage in area, encroachments, and any facts which a conect survey and inspection of the premises would disclose and which He not shown by the public records. 4. Any lien, or right to a lien, for services, Jabor, 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 surfac-e of subject property as granted J:cy inst:rurrent re=rded June 6, 1891 in Book 98 at Page 475. 7. Reservations and 'exceptions in Patent and Acts authorizing the issuance thereof. Patent re=rded on subject property on March 1, 1897 i!1 Book 139 at Page 216, providing, "that no title shall be hereby acquired to any mine of gold, silver, cinnubar or =PjY'J or to any valid mining claim of JX>ssession held under existing laws". 8. Deed of Trust from 620 Hyman Associates to the Public Trustee of the County of pitkin for the use of Colorado Federal Savings and Ur~'1 l>..ssociation to secure : $455,000.00 dated : September 30, 1976. re<X>rded October 5, 1976 in Book 317 at Page 635 _"., N... ("_11.''( R;v.4.1st..'lt; / " ( ( , ,~ Transa..rlerica Title Insurance c....illpany Arapahoe - Douglas 2000 Wll.I lIllIe'on p.oulo\/o.d L1lllolon, Colo.odo eOl:?O P031795_.4000 Lorimer I:1J VI." MD~~!~:" A....~.... t,ullC>) Fort Com"., Ct.!",,,,,,,, 2':)3..., PO)l.4<;r).l-C~ O~nver ~ Adorns. 1800 lO""r"...u, S"....I OOl\l/H,Colorodo 80102 1303) 629.4900 M\!'~o :i31 roo::! A.~,.,... C.ond J"nt!;on. Cc.!D'cd" El~,jl (JOl) 1.t:?aVJ. Boulder 1317 Spru<.. Streb I p.oulde.. ColD/ndo IIOJ01 (303) H).71bO rilkin 601 E. H0?1':!J'5 "',~n.Co!o,,,do~1611 IJOJI9]5.17M Eogle 108 SOlllh ',onlollo Rood B01l17oo Voil, Colo.odo 81657 (303) 629-.49.56 I'urblo 6]7 North/.'oj" S"ul ''"'0010, ("Iorod", 31003 1303) !ill-OO! EI Poso ~18 South W..N. Slr_f Colorodo Springs, Colorado 80903 (303)63-4.3731 Roul! - Jochon .507 LiMOr" S':-MI hx77J:i~ St..o,.,bool Sp/;nps. (ol",,,do t.~...H7 (3031879'-1611 Jefferson 1675 (or, Street lokowDod. (ol<..odo B0215 (303) 231-2800 Weld 918Te,,'hSlr~r Cree ley. (ok. rod.. ~-'631 1303) 35;'>.2n3 ~lr Transamem;a Tille Services CONDITIONS AND STIPULATIO:t\S Please read carefully 1. rrhis is a Commitment to issue one or n10re policies of title insurance in our St;1ndard Fonn when the requirements set forth in the Commitment have been satisfied. The policy is a,.ailable 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. ...,. '" ~,.. A 11.... '1_1_11.1 ( ( lIttac' :J to iln:J funning iJ part of ~ ~../ Ccnmi trnent No. 7302251 C-2 Issued by 'IT ansamn...ri ca Ti tle \ \ Insurance CU'::-r3DY REQUIREMEN'P A _ IS HEREBY DELETED I'lITH AUTHORITY. EXCEPTION NO. 9 IS IlEREBY liDDED TO SCHEDULE B, EXCE?TIC::S. 9. DEED OF TRUS'1' FRml : DONALD J. FLEI SilER TO THE PUBLIC TRUSTEE OF 'DIE COUNTY OF PITKIli FOR THE USLOF TO SECURE DATED RECORDED . JAMES E. COX $200,000.90 JULY 17, ~982 JULY 19, 1982 IN BOOK 420 1\1' PAGE 419. IN ALL OTHER RESPECTS SAID COJ1MI'l'l-lENT SHlILL RE~lAIN THE Sl-~-S. DATED TillS 1ST DAY OF OCTOBER, 1982 AT hSPEN, COLO,,-O;DO. > This endorserrent is made a part of the ccmnitrrent and is Slbject tc all the tenus and provisions thereof and of any prior endorserrents thereto. Except to the extent e>:pressly stated, it neither m:xlifies any of the terns ana provisions of the cx:mnit- ment and prior endorserrents, of any, nor does it extend the effec-'-cive date of the =rmitrrent and'prior endorsEmel1ts or increase the face 2IlDlL"1ts't,l1ereof. roTED: 10/1/82 'lTansamo...rica Title Insurance Ccrlpany By ( ENDORSEMENT ATTIICIIED TO IIND FORJolING II D<~T 0:- COMJ1I'J'!1ENT NO'_J3D225.J..s.-7' ( ISSUED BY TRlINSN1ERIClI 'fITIX INSURMtCE CCQ;,:;-/ TilE EFF'EC'l'IV8 DATE OF TilE IIBOVE NUMBERED COMt'lI'rt-llmT IS i':.".'::",' ;,",:'::;')0::> ',0: OCTOBER 4, 1982 liT 9:4.0 A.I-1. FOWo! 100. 31 vlI!'T~ BE ISSUED FOR EXCEP'rIONS 6 IIND 7 OF Tilt: ;,30':": :;'j:'!3'0?":9 CO:'~'!IT;'lENT FOR A FEE OF' $239.75. IN ALL OTHER RESPECTS SAID COHMITMEN'f SHAI,L REt'lAIN '!'HE ~-"~ DATED TillS 4'1'11 DAY OF' OCTOBER, 1982 AT IISPEN, COLORl\lX). THIS ENDORSEMENT IS MIlDE A PIIRT OF THE COHMI'fJ1ENT AND IS SUBO''':CT TO ;'.LL :i'HE TERMS IIND PROVISIONS THEREOF AND OF ANY PRIOR ENDORSEl-IENTS THERETO. UC":?T TO TaE EXTENT EXPRESSL~ STATED, IT NEI'l'HER HODIFIES ANY OF THE TERHS IIND PROVISIO:;S C: TiS CO:~1ITY.ENT IIND PRIOR ENDORSEl-lENTS, OF ANY, NOR DOES I'r EXTEND THE EFFECTIVE DATi: C: 'IE=: CC:~'lIT:lEl'.'T AND PRIOR ENDORSEl-lENTS OR INCREASE THE FACE AHOUNT THEREOF. TRlINS71ERICA TITLE INSU",";NCE . +.. j'( I ,~; ~ BY: ; /jl~ {11~t IIUTYiO?(J (jG::ATURE CO:IPANY ASSIC~H;J_E!,j'l' Ul" Ij.J'I'Ej(~=S'l' :~-\ 620 HYHl\N l\SSOCIA'I'ES FOR Vl\I,UE RECEIVED, the undersigned, DO';.~LD J. FIJEISIlER whose address is 27 HcSkinu;ling Road, l,spen, Colo:cac1o 81611, hereinafter called the l\ssignor, hereby i:crevocably assigns I transfers and sets over unjro FPtl1.Ni~ J. \';OODS I I I I I and SUSl\N JOAN I-IOODS whose address is \'.0. IS\.YY' '3J';U , Aspen, Colorado 81611, hereinafter' called the ~ssig~ees, all of his right, title and interest in and to "620 Eycnan j'o.ssociates", a joint venture, according t'o the wri tten Joi~!t VC!1ture Agreement for 620 Hyman Associates, dated May I, I975, as amended by Amendment to Joint Venture I'gree;;,;,:"" G'ited Feb:cuary 6, 1976, including, without limitation, all assets thereof of any nature or description, and The Assignor hereby warrants to the ~ssig~2es that he is the owner of an undivided one hundred percc"t (lOO%l 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 of the follu"ing 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 l\ssociation, secu:cing a loan of 620 Hyman Associates in the original principal areount of $455,000.00, the principal balance of ~iliich has been reduced to $ 4'?.'2,qrlJ,./f . , The Assignor hereby represents, covenants and acknow- ledges that pursuant to the foregoing assign~cnt that all of the l\ssignor's right, title and interest in and to the real p:coperty , ." u,_ -'_~~~;horl i" h",rebv qranted, transi'er:ced and con- / -... ( ( Recorded at o'clock .m. Reception No. Recorder AMENDED TRADE NAME AFFIDAVIT STATE OF COLORADO ) ) ss.' COUNTY OF PITKIN ) Frank J. Woods III of the County of Pitkin, in the State of Colorado, being first duly s\Vorn, 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 \Vas 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, \Vere 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 follo\Vs: Frank J. Woods III Box 3421 Aspen, CO 81612 Susan Joan \'Ioods Box 3421 Aspen, . CO 81612 _ r . t.... _ _ _ __ _ _ _ _ _ _ __ ___ _ __ _ _ ~ .:J ASPEN/PITKIN PLANNING OFFICE 130 South Galena Street Aspen, Colorado 81611 (303) 925.2020 -JtL/& ;1;L LAND USE APPLICATION FEES City 00113 ' 63721 .47331 ' 52100 GMP/CONCEPTUAL 63722 . 47332 ' 52100 GMP/PRELlMINARY 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 ;.r.:; -? - SUB.TOTAL County 00113 . 63711 - 47331 . 52200 GMP/GENERAL 63712 - 47332 . 52200 GMP/PRELlMINARY 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 SUB.TOTAL TOTAL j.h - Phone: ;1 - I' 70 Project: /p), , ./.Ii ,..1;'.. ~, 1/ -- L,,-'..I/L~ It'E'~i J '"' Oate~ 111 -1';/ sr-..,L No. of Hours: Name: Ii, rI1, /'-/ ~ /-h'frt" Address: ho I r- 1-11. ,,4-,,_ '" Check No. / D ! I Additional Billing: