HomeMy WebLinkAboutLand Use Case.CU.601 E Hyman Ave.35A-86ASPEN /PITRIN PLANNING OFFICE `
130 S. Galena Street
Aspen, CO 81611
(303) 925 -2020
Date: Q9,MS4
r(' �
ci�xl �r�u2�'
RE: Dr"d BA�c0 COItid tkw-
Dear 011 0
This is to inform you that the Planning Office has completed its
preliminary review of the captioned application. We have determined
that your application IS MM complete.
Additional items required include:
Disclosure of Ownership (one copy only needed)
Adjacent Property Owners List /Envelopes /Postaae (one copy)
Additional copies of entire application
Authorization by owner for representative to submit applica-
tion
Response to list of items (attached /below) demonstrating
compliance with the applicable policies and regulations of the
Code, or other specific materials
A check in the amount of $
A.. Your application is coQmplete and we have scheduled it for
review by the 14aga, o CrnM"1St idy� on Qz7�. ?, IIft, . We will
call you if we need ny additional information prior to that
date. Several days prior to your hearing, we will call and
make available a copy of the memorandum.. Please note that it
IS AM your responsibility to post your property with a
sign, which we can provide you for a $3.00 fee.
B. Your application is incomplete, we have not scheduled it
review at this time. When we receive the materials we have
requested, we will place you on the next available agenda.
If you have any questions, please call 5U4_irs�eiV\ ,
the planner assigned to your case.
Sincerely,
ASPEN /PITKIN PLANNING OFFICE
CASE DISPOSITION: �)U.
Reviewed by: _gin P &Z City Coun r
kyIJ 22
the units are deed - restricted to long -term
occupancy consistent with Section 24- 3.7(o) (1) of the Municipal
Code. Deed restrictions shall be filed prior to issuance of a
Certificate of Occupancy.
Reviewed P.spen Pc7 City Council
..........
. ,,��. V„ MY L ?3'7-073 - hg X03
(e City of Aspen p/
DATE RECEIVED /({ , � �j'?. n0 (. , E NO.
DATE RECEIVED COM LETE: 1F e, . STAFF:
-MOM R
Type of Application: II/(
I. GMP /Subdivision /PUD�^^�
1. Conceptual Submission �J 20
2. Preliminary Plat 12
3. Final Plat 6
II. Subdivision /PUD
1.
Conceptual Submission
14
2.
Preliminary Plat
9
3.
Final Plat
6
III. All
"Two Step" Applications
11
IV. All
"One Step" Applications
5
V. Referral Fees - Environmental
Health, Housing Office
City Atty
1.
Minor Applications
2
2. Major Applications 5
Referral Fees -
Engineering
Minor Applications
Major Applications
$2,730.00
1,640.00
820.00
$1,900.00
1,220.00
820.00
$1,490.00
$ 680.00
$ 50.00
$ 125.00
80.00
200.00
Other: . Other:
FILE STATUS AND LOCATION:
P &Z
CC MEETING DATE:
�I PUBLIC HEARING: YES ! NO
DATE REFERRED:
- INITIALS:
REFERRALS:
City Atty
Aspen Consol. S.D.
School District
V
City Engineer
Mtn. Bell
Rocky Mtn. Nat. Gas
Housing Dir.
Parks Dept.
State Hwy Dept (Glenwd)
:z:7
Aspen Water
Holy Cross Electric
_ State Hwy Dept (Gr.Jtn)
City Electric
Fire Marshall
Bldg: Zoning /Inspectn
Envir. Hlth.
Fire Chief
Other:
Roaring Fork Transit
Roaring Fork Energy Center
S
FINAL
ROUTING:
DATE ROUTED: {2'4
-�E INITIAL:
ZCity
Atty
City Engineer
_Zee�- Building Dept.
Other: . Other:
FILE STATUS AND LOCATION:
ESCROW AGREEMENT AND INSTRUCTIONS
The undersigned parties, the City of Aspen, Colorado
( "City ") and Harley Baldwin ( "Baldwin ") , hereby appoint Pitkin
County Title, Inc., whose address is 601 East Hopkins, Aspen,
Colorado 81611, Escrow Agent on the terms and conditions set forth
herein.
1. Escrow Agent shall hold the fully executed mylar
representing the Condominium Plat (the "Plat ") for the Brand
Building Condominiums, Aspen, Colorado, deposited with it by the
City, in trust on behalf of the City and shall only record such
Plat in the,real property records of the Pitkin County Clerk and
Recorder's office if the conditions specified herein are satisfied.
2. Escrow Agent has issued a commitment for an owner's
policy of title insurance' to William W. and Ingrid J. Wheeler
( "Wheeler ") in conjunction with the propsed purchase by Wheeler of
a condominium unit located in the Brand Building Condominiums from
the owner of the Condominiums, Baldwin, and will act as closing
agent for the sale. Baldwin hereby instructs Escrow Agent to
withhold from the proceeds of the sale $36,875.00 to be paid to the
City as described herein.
3. The sale of the condominium by Baldwin to Wheeler is
expressly contingent upon the filing of the Plat in the real
property records of Pitkin County. The filing of the Plat is
expressly contingent upon Baldwin's payment to the City of an
Affordable Housing Fee in the amount of $36,875.00.
4. . Escrow Agent shall at closing of the sale of the
condominium
unit by Baldwin to
Wheeler, pay
to the City the
Affordable
Housing Fee and record
the Plat.
Escrow Agent shall
only record the Plat if it has good funds sufficient to pay the
City the entire Affordable Housing Fee as set forth herein.
5. Escrow Agent shall be liable only for its willful
acts and misconduct with respect to this escrow and shall not be
called upon to construe any other documents or agreements made in
connection herewith. Escrow Agent shall not be liable or
responsible for the sufficiency, correctness of validity of this
Agreement nor shall it be liable for any loss which may occur by
reason of forgeries or misrepresentations.
6. These instructions may be altered, amended, modified
or revoked by writing only, signed by the City and by Baldwin and
approved by the Escrow Agent. Escrow Agent shall not be personally
liable for any act it may do or omit to do hereunder as agent,
while acting in good faith and in exercise of its own best
judgment, and any act done or omitted by it pursuant to the advice
of its own attorney shall be conclusive evidence of such good
faith.
7. If at any time a dispute should exist as to the duty
of the Escrow Agent under the terms hereof, the Escrow Agent may
deposit the funds and the Plat with the Clerk of the District Court
of the County of Pitkin, State of Colorado, and may interplead the
parties hereto. Upon such deposit and the filing of its complaint
in interpleader, the Escrow Agent shall be released from all
further liability under the terms hereof. The parties hereto, for
themselves, their heirs, successors and assigns, do hereby submit
themselves to the jurisdiction of said court and do hereby appoint
-2-
said Clerk of the Court as their agent for service of all process
in connection with the proceedings mentioned in this paragraph.
8. In consideration of the acceptance of this escrow by
Escrow Agent, the parties agree to indemnify and hold Escrow Agent
harmless as to any liability incurred by reason of its having
accepted the escrow or in connection herewith, and to reimburse it
for all its expenses including, among other things, attorneys' fees
and court costs incurred in connection herewith. Such indemnity
shall include attorneys' fees incurred by the Escrow Agent in
defending a suit against it by any of the parties hereto in which
Escrow Agent prevails; and the Escrow Agent shall have a first and
prior lien upon the funds deposited hereunder to secure the
performance of said indemnity and payment of its fees and expenses.
The provisions of this escrow shall be binding upon the legal
representatives, heirs, successors and assigns of the parties
hereto.
10. In the event of any litigation arising out of this
escrow between the City and Baldwin, the Court shall award to the
prevailing party all reasonable costs and expenses, including
attorneys' fees.
11. These Escrow Instructions may be executed in
counterparts and, as executed, shall constitute one agreement,
binding on all the parties hereto notwithstanding that all said
parties are not signatory to the original or same counterpart.
IN WITNESS WHEREOF, the undersigned have hereunto affixed
their signatures effective Q 1990.
-3-
•
City of Aspen
1
Harley BalduN
Address:
ESCROW AGE T:
L&A—wo�-
N,�b 6 f -pc .
CITY OF ASPEN 46
MEMO FROM STEVE BURSTEIN
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130
asp
DATE: January 6, 1987
TO: Building Inspector
FROM: City Attorney
RE: Brand Building
PEN F[Dk�
eet
611
W
JAN 81987
During the Christmas holiday it was brought to my attention that
the apartments on the second floor of the Brand Building are
being rented out for short -term (tourist) use.
On or about December 30, I
Los Angeles, who was upset
Building premises prior to
what he related, it appear;
Building is being operated
the following:
was contacted by Mr. Jim Miller, from
over being asked to leave the Brand
his departure date. on the basis of
a that the second floor of the Brand
as a lodge, which calls into question
1. Has a certificate of occupancy been issued for the Brand
Building for residential or short term accommodations; if not,
what recourse should the City follow?
2. Have the employee deed restrictions been filed?
3. Is the use of the second floor in violation of any of the
conditions of approval or the zoning ordinance?
I would appreciate your comments and recommendations with regard
to this matter.
PJT /mc
RONALD GARFIELD-
ANDREW V. HECHT **
WILLIAM K. GUEST, P.C. * **
JEREMY M. BERNSTEIN
CLIFTON D. BURDICK
•also admiued W
New York Bar
••also adminW to
District of Columbia Bar
'••also admiucd to
Nebraska and Texas Bar
GAR FIELD & HECHT, P.C.
ATTORNEYS AT LAW
VICTORIAN SQUARE BUILDING
601 EAST HYMAN AVENUE
ASPEN, COLORADO 81611
December 26, 1986
Steve Burstein, Planner
Aspen / Pitkin Planning Office
130 South Galena Street
Aspen, Colorado 81611
Re: Brand Building conditional use approval
Dear Steve:
KC 2 91986
(303) 925 -1936
TELECOPIER
(303) 925 -3008
CABLE ADDRESS
"GARHEC"
Mr. Baldwin intends to fully comply with the conditions
contained in the conditional use approval for the Brand Building
and the deed restrictions were recorded in Book 525, at pages
518 -522 in the real estate records of Pitkin County, Colorado.
I am enclosing a copy of the recorded restrictions for your
records.
If you need any further information, please do not hesitate
to call.
Sincerely,
Garfield & Hecht, P.C.
By: Andrew V. Hecht �d
AVH /dd
Enclosure
TO: Aspen Planning and Zoning Commission
FROM: Steve Burstein, Planning Office
RE: Brand Building Conditional Use - Public Hearing
DATE: October 2, 1986
LOCATION: 203 S. Galena Street
ZONING: Commercial Core - Individual Historic Designation
APPLICANT'S REQUEST: The applicant is requesting conditional use
approval for the construction of four new apartments on the
second floor of the Brand Building.
BACKGROUND: A use determine was requested in February, 1986 by
Harley Baldwin, owner of the Brand Building, as to whether or not
dwelling units offered first to tenants and then, if they are not
leased by said tenants, to the general public, meet the defini-
tion of accessory units in the CC zone. P &Z determine that the
units would be a permitted accessory use if restricted to long-
term occupancy through a six month minimum lease. The Planning
Commission also conducted a special review for the setting of
residential parking requirements and exempted the dwelling units
from on -site parking.
On August 25, 1986, Ordinance 28, Series of 1986, was adopted by
City Council, allowing non - accessory dwelling units as a condi-
tional use in individually designated historic buildings provided
that the units are restricted to six month minimum leases. This
Code amendment was initiated by P &Z at the request of Mr.
Baldwin.
APPLICABLE SECTION OF THE MUNICIPAL CODE: Section 24 -3.2 of the
Municipal Code, as amended, allows as a conditional use "non -
accessory dwelling units, above street -level commercial uses in
individually designated historic structures, provided that the
units are restricted to six month minimum leases as provided in
Section 24- 3.7(0)(1)."
Section 24- 3.3(b) states the criteria that the P &Z shall consider
in determining the appropriateness of a conditional use as
follows:
"(1) Whether the proposed use otherwise complies with all
requirements imposed by the zoning code.
(2) Whether the proposed use is consistent with the
objectives and purposes of this zoning code and the
applicable zoning district; and
(3) If the proposed use is designed to be compatible with
surrounding land uses and uses in the area."
The conversion from commercial to residential use is exempt from
GMP without Council or P &Z approval subject to Section 24-
11.2(b) .
PROBLEM DISCUSSION:
A. Referral Agencies:
1. Engineering Department - In a memorandum from Chuck
Roth dated September 29, 1986, the following comments
were made:
a. A plat of the building should be submitted
identifying any encroachments and those encroach-
ments should be licensed.
b. The existing dumpsters appear to be encroaching
into the alley and affect emergency access. A
dumpster enclosure off the alley is recommended.
2. Aspen Consolidated Sanitation District - Heiko Kuhn
stated that the project can be served by the Sanitation
District.
3. Building Department - Jim Wilson stated that there are
no unusual fire protection problems associated with the
new residential uses. The extensive interior renova-
tion is bringing the building into conformity with the
Building Code.
B. Staff Comments: The Brand Building residential uses comply
with the requirements of Section 24 -3.2 as amended, provided
that long -term occupancy deed restrictions are filed.
The proposal also appears to meet the intent of Ordinance 28
as explained in the Planning Commission findings (Whereas
statement No. 4). The Brand Building residential uses will
help increase diversity and activity of the Commercial Core,
provide the owner with an economically attractive option
that encourages preservation of the building, and would not
negatively impact traffic generation, utilities, air quality
and water quality.
No on -site parking will be provided for tenants of the Brand
Building. While special review approval was granted to
establish no parking requirements for the accessory resi-
dential units, it does appear that there would be additional
parking demand for these free - market units. There is no
cash -in -lieu option to help mitigate parking needs yet, nor
is there much suitable on- street parking for the use of
residents. However, because there is little opportunity to
retrofit the historic structures and sites for on -site
parking, the Planning Office supports setting no residential
parking requirements.
The Engineering Department concerns with existing encroach-
ments and trash dumpsters location do not appear to be
pertinent to the review before you. The proposal is a
conversion of use in an existing historic structure and no
increase in footprints would result. Unless it can be
demonstrated that more trash is generated by the residences
than permitted commercial uses that exacerbate an existing
problem, then the Planning Office recommends that trash
enclosure not be a condition of this approval. We do agree
that there are legitimate concerns about these dumpsters in
the alley that should be pointed out to the owner. Further,
there is no requirement for a plat to be filed as this is a
conditional use and no subdivision is occurring.
RBCDMONDATION: The Planning Office recommends approval of the
conditional use review for the construction of four non - accessory
apartments on the second floor of the Brand Building subject to
the condition that the units are deed - restricted to long -term
occupancy consistent with Section 24- 3.7(o)(1) of the Municipal
Code. Deed restrictions shall be filed prior to issuance of a
Certificate of Occupancy.
SB.18
MEMORANDUM
To: Steve Burstein, Planning Office
l "A
From: Chuck Roth, Assistant City Engineer a j?
Date: September 29, 1986
Re: Brand Building Conditional Use Review
----------------------------------------------------------
Having reviewed the above referenced application and having made
a site visit, the Engineering Department has the following
comments:
1. The files do not contain a plat prepared by a registered
surveyor. A plat should be submitted so that any encroachments
onto public rights -of -way are identified, and any approvals
should be conditional upon licensing of all encroachments.
2. It is recommended that the applicant be required to provide a
dumpster enclosure off of the alley, recessed into the building.
A letter should be obtained from BFI stating dumpster sizing
requirements for the uses of this building. The municipal code
requires emergency access width of twenty feet, and it appears
that the existing dumpster encroaches into this twenty feet
emergency clearance. There are other items which might be
encroachments, utility meters and pedestals, associated with this
building which could also be placed into a recess in the building
and out of the fire lane.
3. The application should be referred to the fire marshall for
comment.
caseload.l
Q
RONALD GARFIELD*
ANDREW V. HECHT **
WILLIAM K. GUEST, P.C. * **
JEREMY M. BERNSTEIN
CLIFTON D. BURDICK
*alro admitted .
New York Bar
-also Arnilmd to
Disvict of Culombia Bar
hk. admitted
*" w Nebraska and Texas Bar
GAR FI ELD & H ECHT, P.C.
ATTORNEYS AT LAW
TELEPHONE
(303) 925 -1936
VICTORIAN SQUARE BUILDING
TELECOPIER
601 EAST HYMAN AVENUE(
(303) 925 -3008
ASPEN, COLORADO 81611 Inl�
n AR EC'
September 17, 1986
HAND DELIVERY
Alan Richman
Aspen /Pitkin Planning Office
306 East Galena Street
Aspen, CO 81611
RE: Harley Baldwin - Application for
Brand Building Conditional Use
Dear Alan:
a
In furtherance of Harley Baldwin's ( "Applicant ") application
for conditional use approval for the construction of four
apartments on the second floor of the Brand Building, which
application was submitted on or about August 26, 1986, this
letter presents the history of the residential use of the second
floor of the Brand Building. Building permits have previously
been issued for the construction of three apartments on the
second floor of the Brand Building as previously existing
non - conforming uses and four apartments on the second floor of
the Brand Building as accessory dwelling units permissible
pursuant to the zoning regulations in effect at the time of the
issuance of the building permits, for a total of seven
apartments. Construction of the seven apartments has commenced
pursuant to said building permits.
Accordingly, Applicant's request for conditional use
approval constitutes a request for a change in the type of
approval for the four apartments currently under construction as
accessory dwelling units. Applicant does not need conditional
use approval for the three apartments previously approved as
o
GARFIELD & HECHT, P.G.
Alan Richman
September 17, 1986
Page -2-
non - conforming uses at this time. Applicant will submit an
application for conditional use for these three apartments in the
future if a need therefor develops.
Thank you for you consideration of this matter. Please
contact me if you have any questions.
Very truly yours,
Andrew V. Hecht
AVH /mms
TO:
FROM:
RE:
DATE:
City Attorney I
City Engineer
Aspen Water Dept.
Aspen Consolidated Sanitation District
Steve Burstein, Planning Office
Brand Building Conditional Use Review
Parcel ID# 2737 = 073 -39 -003
August 29, 1986
wile
Attached for your review is an application submitted by Cliff
Burdick of Garfield & Hecht, on behalf of their client Harley
Baldwin, requesting conditional use approval for the construction
of four apartments on the second floor of the Brand Building.
Three apartments have previously been approved as pre- existing
non - conforming uses, for a total of seven (7) apartments on the
second floor of the Brand Building. The applicant is requesting
that these non- conforming apartments be approved as conditional
uses bring them into conformity.. Ordinance No. 28 (Series of
1986) was approved by the City Council on August 25, 1986. This
Ordinance allows non - accessory dwelling units as a conditional
use for historic structures in the commercial core zone district.
Please review this request and return your referral comments to
the Planning Office no later than September 23, 1986.
Thank you.
S ('auapci GAr-- /32 SEre we r> 3Y T14 /QSPP_-
I lei
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MEMORANDUM
DATE: September 10, 1986
TO: Steve Burstein
FROM: City Attorney
RE: Brand Building Conditional Use
PEN
et
611
In light of our input in connection with the enactment of
Ordinance No. 28 regarding this application, we have no further
comments at this time.
PJT /mc
PUBLIC NOTICE
RE: Brand Building Conditional Use Review
Parcel ID# 2737 - 073 -39 -003
NOTICE IS HEREBY GIVEN that a public hearing will be held on
October 7, 1986, at a meeting to begin at 5:00 P.M. before the
Aspen Planning and Zoning Commission, in City Council Chambers,
130 S., Galena, Aspen, Colorado, to consider an application
submitted by Cliff Burdick of Garfield & Hecht, on behalf of
their client Harley Baldwin, requesting conditional use approval
for the construction of four apartments on the second floor of
the Brand Building.. Three apartments have previously been
approved as pre- existing non - conforming uses, for a total of
seven (7) apartments on the second floor of the Brand Building.
In addition, the applicant is requesting that these non- conform-
ing apartments be approved as conditional uses bringing them into
conformity.. Ordinance No. 28 (Series of 1986) was approved by
the City Council on August 25, 1986. This Ordinance allows non-
accessory dwelling units as a conditional use for historic
structures in the commercial core zone district.
For further information, contact the Aspen /Pitkin Planning
Office, 130 S., Galena, Aspen, Colorado 81611 (303) 925 -2020,
ext. 222.
.5/C Welton Anderson
Chairperson, Aspen Planning
and Zoning Commission
Published in the Aspen Times on September 4, 1986.
City of Aspen Account.
N.. 3
I hereby certify that on this Ad day of ,
1986 , a true and correct copy of the attached Notibe of Public
Hearing was deposited in the United States mail, first -class
postage prepaid, to the adjacent property owners as indicated on
the attached list of adjacent property owners which was supplied
to the Planning Office by the applicant in regard to the case
named on the aforementioned public notice.
Ja t 'LynjVRaczak
M
� koc
TO: City Attorney I"
pineer r
ter Dept':
Aspen Consolidated Sanitation District
FROM Steve Burstein, Planning Office
RE: Brand Building Conditional Use Review
Parcel ID# 2737 = 073 -39 -003
DATE: August 29, 1986
Attached for your review is an application submitted by Cliff
Burdick of Garfield & Hecht, on behalf of their client Harley
Baldwin, requesting conditional use approval for the construction
of four apartments on the second floor of the Brand Building..
Three apartments have previously been approved as pre- existing
non- conforming uses, for a total of seven (7) apartments on the
second floor of the Brand Building.. The applicant is requesting
that these non- conforming apartments be approved as conditional
uses bring them into conformity.. Ordinance No. 28 (Series of
1986) was approved by the City Council on August 25, 1986.. This
Ordinance allows non - accessory dwelling units as a conditional
use for historic structures in the commercial core zone district.
Please review this request and return your referral comments to
the Planning Office no later than September 23, 1986..
Thank you.
W c,t,� l - I t0. ✓L b
ca v�C� J m
AUG 29 1986
WATER DEPT. so'
RONALD GARFIELD*
ANDREW V. HECHT **
WILLIAM K. GUEST, P.C. * **
JEREMY M. BERNSTEIN
CLIFTON D. BURDICK
'also admitted to
New York Bar
°alw Arnmed to
Diner of Columbia Bar
•' "also admitted to
Nebraska and Texas Bar
HAND DELIVERY
RE
u
GAR FIELD & HECHT, P.C.
ATTORNEYS AT LAW
VICTORIAN SQUARE BUILDING
601 EAST HYMAN AVENUE
ASPEN, COLORADO 81611
August 26, 1986
Alan Richman
Aspen /Pitkin Planning Office
306 East Galena Street
Aspen, Colorado 81611
Re: Harley Baldwin - Application
for Brand Building Conditional Use
Dear Alan:
TELEPHONE
(303) 925 -1936
TELECOPIER
(303) 925 -3008
CABLE ADDRESS
^GARHEC"
This letter constitutes an application by Harley Baldwin,
owner of the Brand Building ( "Applicant ") for approval of a
conditional use for the construction of four apartments on the
second floor of the Brand Building. Three apartments have
previously been approved as preexisting nonconforming uses, for a
total of seven apartments proposed for the second floor of the
Brand Building. Applicant further requests that such apartments
previously approved for nonconforming uses be approved as
conditional uses, thereby bringing all of the proposed apartments
into conformity with the zoning regulations of the Municipal Code
of the City of Aspen ( "Code "). As you know, Ordinance No. 28 was
passed by the Aspen City Counsel on August 25, 1986 amending the
use tables of the Code to allow non - accessory dwelling units as a
conditional use for historic structures in the commercial core
zone district. The Brand Building is a designated historic
structure in the commercial core zone district.
The proposed apartments satisfy all the conditions required
for approval of a conditional use pursuant to Section 24- 3.3(b)
of the Code. The proposed apartments otherwise comply with all
requirements imposed by the zoning code. The propsed use as
apartments is consistent with the objectives and purposes of the
Code and applicable zoning district. The apartments are
consistent with other uses in historic buildings in the
commercial core zone, are consistent with the historic uses of
the Brand Building and other historic buildings in the CC zone,
and further the goals of maintaining vitality in the CC zone as
well as providing incentives for developers to designate
buildings as historic structures. Further, the proposed use of
0
GARFIELD & HECHT, E.C.
Alan Richman
August 26, 1986
Page -2
O
second floor apartments is compatible with the other buildings
and uses in the area.
The implementation of the additional apartments will not
have any adverse impact on the parking requirements of the area
and there is no need for additional parking spaces in connection
therewith. No additional traffic will be generated by the
implementation of the proposed apartments, the Brand Building has
pedestrian access and is located within the downtown area.
convenient public transportation is available to the building and
as a practical matter it is physically impossible to implement
any additional parking spaces at the building.
Moreover, the residential use as proposed will have less of
an impact on parking requirements of the area than the office use
which is an permitted use for the building. A couple of blocks
away in the Office Zone, parking requirements are established for
three parking spaces per 1,000 square feet. Parking requirements
for residential units are one space per bedroom. New conditional
use approvals are requested for four apartments consisting of
six bedrooms in addition to those previously approved. Since the
Code would require twelve parking spaces for approximately
4,000 square feet of office space but only six parking spaces for
the six additional bedrooms proposed. It is evident that the
approval of a conditional use for use as apartments of the second
floor of the Brand Building constitutes a decrease in parking
impact compared to that of office use which would be permissible
without any parking spaces needing to be implemented by
Applicant.
Permitting the proposed apartments on the second floor of
the Brand Building is in the interest of the community and will
preserve the vitality and historic atmosphere of Aspen. The
Planning and Zoning Commission and the Planning Office have
extensively reviewed the suitability of the Brand Building for
the proposed dwelling units. Accordingly, Applicant requests
that this application be expedited and that the required public
hearing be scheduled for the next available date.
Thank you for your consideration of this matter. Please
contact me if you have any questions.
Sincerely,
Andrew V. Hecht
AVH /dd
93
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ASPEN *PITKIIV4 REGIONAL BUILD111vG DEPARTMENT
MEMORANDUM
Date: February 13, 1985
TO: Steve Burstein, Planning Officer, ,� ✓�
FROM: Bill Drueding, Zoning Officer
N
SUBJECT: Brand Building - -Use Determination
I recently made an inspection of the second floor of the
Brand building. There were numerous commercial and office uses
plus three (3) dwelling units. It appeared that some work and
addition had been completed on the dwelling units but this
department cannot verify that from our records. I would have to
consider the three dwelling units historically here in their
present form.
With the upper level lofts, it appears that the dwellings
will comprise more that 1/2 of the total floor area of the
building? No current plans of commercial space have been
provided. The Smuggler Mine Company does have a mezzanine area.
However two of the existing dwelling are multi - levels. This
ratio should be verified with calculation by the architect.
WD: lo
cc: Patsy Newbury
Jim Wilson
Alan Richman
offices:
517 East Hopkins Avenue
Aspen, Colorado B1611
303/925 -5973
mail address:
506 East Main Street
Aspen, Colorado 81611