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HomeMy WebLinkAboutcoa.lu.pu.Greenberg Clarendon 625 S West End.1982 ASPEN/PITKIN 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 County SUB-TOTAL 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 PLANNING OFFICE SALES SUB-TOTAL 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 Name: Address " Phone. Protect Check No. r t4 Date: Additional Billing: No. of Hours: MEMORANDUM TO: Aspen Planning and Zoning Commission FROM: Colette Penne, Planning Office RE: Clarendon Condominiums - Amendment to P.U.D. DATE: September 7, 1982 Location: 625 South West End Avenue Zoning: R-6 P.U.D. Parcel Size: 1 .627 acres Applicant' s Request: Amendment to the P.U.D. plan for the purpose of adding a third bedroom to three of the two-bedroom units in the complex. Referral Comments: Engineering Department This is the second application for an amendment creating three- bedroom units out of existing two bedroo units. The prior application, approved in September of 1980, was for one unit. While the addition of one bedroom did not significantly impact most concerns relative to this office, the cumulative addition of four bedrooms requires a more detailed review of this proposal . Planning Office Review: Section 24-8.26(b) of the Municipal Code provides a procedure for amending a P.U.D. plan. A change in the use or character of the development and any increase of greater than 2% in the floor area must be reviewed by the Planning and Zoning Commission and Council . The existing project has a land coverage of .74 acre with .88 acre area of open space. At present, the mix of the 15 units is 8 two-bedroom units at 1 ,360 square feet each and 7 three- bedroom units at 1 ,610 square feet each. After the addition, there will be 5 two-bedroom units and 10 three-bedroom units for a total of forty bedrooms. This is an 8% increase in total number of bedrooms. The existing square footage of the building is 22,150. After the addition of the three 250 square foot bedrooms, the total floor area will be 22,900 square feet, for a 3. 4% increase. The units being expanded, #6, #7 and #8, are contiguous units and the owners are proposing to raise the rear roof line to create the additional square footage. The attached Exhibits show the proposed addition and the visual change which will result. Identical materials will be used and the addition will alter the exterior appearance and building integrity to a minor degree. The building footprint will not change and the architectural integrity is maintained. The owner of Unit #12 obtained an amendment to the P.U.D. on September 23, 1980 to alter that two-bedroom unit into a three- bedroom unit. The condominium association approved that alteration and the Board of Directors of the Condominium Asso- ciation have approved this proposal . Memo: Clarendon Condominiums - Amendment to P.U.D. Page Two September 7, 1982 Section 24-8.26(b) further states that "such amendments shall be made only if they are shown to be required by changes in conditions that have occurred since the final plan was approved or by changes in community policy. The changes in this case are that the ownership of the units has changed from the developer to individuals and the family size of the owners requires the additional living space. The applicant also makes the point, which the Planning Office does not heartily support , that since Little Annie is in the final approval process, the existence of it will alter the character of the area and reflect a community policy toward a higher utilization of the area. The only service concern of the proposed amendment which may impact the community is that of parking. The applicant has not provided enough information on the provision of parking in the project for us to evaluate its adequacy. Rather than delay this review, the information will be available for your consideration at this meeting. Planning Office Recommendation: The Planning Office recommends approval of the amendment to the P.U.D. plan for the Clarendon Condominium Units #6, #7, #8 to add a third bedroom with the following condition: 1 ) The addition of -three-parking spaces.- e-justification of adequate existing parking. 1 - I APPLICATION FOR AMENDMENT OF THE P.U.D. PLAN OF THE CLARENDON CONDOMINIUMS 1 . RECITALS 1 . 1 The Clarendon Condominiums received subdivision approval from the Aspen City Council initially on September 22 , 1975 , and a reapproval on January 26 , 1976 . The First Amendment to the P.U.D. plan was approved on September 23 , 1980 . The Subdivision Agreement for the Clarendon Subdivision is recorded in Book 310 at Page 359 , the Condominium Map is recorded in Plat Book 5 at Pages 36-39 , the First Amendment to the Condominium Map is recorded in Plat Book 11 at Page 71 , the Condominium Declaration is recorded in Book 319 at Page 415 et seq. and the First Amendment to the Condominium Declaration is recorded in Book 410 at Page 80 et seq. , all in the records of Pitkin County. 1 . 2 Section 24-8-26 of the Aspen City Code provides for the amendment of previously approved P.U.D. plans. Subsection (a) thereof provides that minor changes to a P.U.D. plan may be approved by the Planning Director alone. Subsection (b) thereof provides that, in other cases , a P.U.D. plan may be amended by the approval of the City Council after recommendation from the Planning and Zoning Commission upon a showing of changes in conditions since the final plan approval or changes in community policy. 1 .3 Existing project description. Zoning: R-6 , P.U.D. Land Area: 1 . 627 acres Land Coverage: . 74 acre Open Space : . 88 acre Density Allowed: 15 . 75 units (no F.A.R. ) Density Existing: 15 units (8 two-bedroom units at 1 ,360 sq. ft. each) (7 three-bedroom units at 1 ,610 sq. ft. each) Estimated Population: Maximum occupancy - 2 per bedroom = 74 persons; Average occupancy - at 38% or 28 persons 1 . 4 Prior P.U.D. Amendment. Under provisions of 24-8 . 26 (a) , the Planning Director has previously approved certain changes to the Clarendon Subdivision P.U.D. after determining that the changes were minor in nature. Those changes included (a) building moved five (5) feet south, (b) elevation increased three (3) feet, (c) relocation of utility building, (d) relocated swimming pool , (e) omitted the tennis court and (f) increase unit sizes eight percent (8%) without increasing land coverage by decreasing patio area. Further, on September 23 , 1980 , the City Council approved an amendment to the P.U.D. Plan which allowed the owner of Unit #12 to convert his existing two-bedroom unit to a three-bedroom unit. 2 . PROPOSED AMENDMENT 2 . 1 The Clarendon Condominiums were constructed such that the two-bedroom unit is the same basic construction as the three-bedroom unit except the rear roof line is lower. The respective owners of the two-bedroom condominium units, #6 , #7 and #8 , which are contiguous , propose to raise the rear roof line of those units following the original construction procedures , thereby creating three-bedroom units and adding an additional 250 square feet of floor area to each of those units. 2 . 2 The changes to the project are as follows. a. Unit mix. After the addition, there will be five two-bedroom units and ten three-bedroom units for a total of forty bedrooms. This is an eight percent (8% ) increase in total number of bedrooms. b. Change in square footage. The existing square footage of the building is 22 , 150 . After the addition of these 250-square-foot bedrooms in each of the three units, the total floor area of the building would be 22 ,900 square feet. This is an increase in total floor area of 3 . 4% . 2 . 3 Illustration of Changes. The proposed changes are illustrated in the exhibits to this application. Exhibit A is a perspective view from the north side looking southeast showing the exterior as it currently exists . Exhibit B is the same perspective view showing the visual changes to the building resulting from the proposed additions . Exhibit C is a sectional drawing illustrating, in before and after views , the expansion of and the changes which would be made to each of the condominium units #6 , #7 and #8 . Exhibit D is a letter from the architects who originally designed the Clarendon Condominiums indicating that the addition can be made without compromising the architectural and esthetic integrity of the building. The architects have also indicated the original construction materials are still available and that the additions can be made with conventional construction techniques and without endangering adjacent units or the structural integrity. -2- 3 . CHANGES SINCE PRIOR APPROVAL 3 . 1 At the time of the original P.U.D. approval in January, 1976 , the project was still owned by the original developer. The first amendment to the P.U.D. plan was approved by the Planning Director as minor changes in the P.U.D. plan. At the time of the amendment, the project had been sold to the Centennial Partnership No. 1 , a Colorado limited partnership, as an interim developer owner; and that change in ownership status was recited as the change in circumstances since the final plat which authorized the amendment. 3 . 2 The individual units have been separately sold to the various individual owners . The owner of unit #12 obtained an amendment to the P.U.D. plan granted by the City Council on September 23 , 1980 , to alter his two-bedroom unit #12 to a three-bedroom unit. The change in circumstances since final plat authorizing this second amendment to the P.U.D. was the ownership change from the developer to the individual owner and an increase in the owner' s family size. The change to Unit 12 was the same change sought here for three (3) other units. 3 . 3 Since the final plat, the applicant' s properties have been conveyed twice , once to the Centennial Partnership, a developer, and finally to the current individual owners. Further, the current applicants and owners of units #6 , #7 and #8 have also experienced family growth and now need the additional bedroom. In addition, the Little Annie ' s Ski Area base facilities , which are in the final approval process , will significantly alter traffic on Ute Avenue and alter the character of the area and reflect a substantial change in circumstance and community policy towards a higher utilization of the area. -3- " , 3 . 4 The Board of Directors of the Condominium Association and the requisite number of condominium unit owners have approved the proposed amendment and have endorsed the ap lication for amendment of the P .U.D. plan. i OWNERS x,LiCLARENDON ! OW ER OF CLARENDON CO■DOM NIUM UNIT #6'' CONDOMINIUM UNIT #7 1 it Jr, 1 j ! i OWNERS OF CLARENDON CONDOMINIUM UNIT #8 ATTEST: CLARENDON CONDOMINIUM ASSOCIATION LtprmindA ,S x By A,,-1 < ;r l Secretary of Clarendon President Condominium Association, Inc. -4- JOSEPH E. EDW�AApDS ����/tGsi 4� /, vto, am,a , 41 -7,44 JOSEPH E. EDWARDS, JR. ATTORNEY AT LAW THE JEROME PROFESSIONAL BUILDING 201 NORTH MILL STREET,SUITE#109 ASPEN, COLORADO 81611 TELEPHONE (303) 925-7116 July 27 , 1982 Sonny Vann, Director City and County Planning Office City of Aspen 130 South Galena Aspen, Colorado 81611 Re: Greenberg-Clarendon Condominium Dear Sonny, I am enclosing three (3) complete copies of an application for amendment of the PUD plan for the Clarendon Condominiums as provided for under §24-8 . 25 (b) of the Aspen City Code and the application filing fee of $475 . 00 . The purpose of the proposed amendment is to add a third bedroom to three of the two-bedroom units in the complex. I am also enclosing a copy of a list of the owners of the Clarendon Condominiums. We have not planned to notify them regarding the hearing as there is no notice procedure specified in the City Code section regarding amending PUD ' s. However, the owners all have been notified and, to date, more than 70% of the owners (a number sufficient to amend the declaration) have approved the proposed changes. These written approvals are in my file and can be produced if you so desire. Also, the Board of Directors has unanimously passed a resolution authorizing the filing of the amendment application, and the association is a coapplicant. I would appreciate being scheduled on the next available Planning & Zoning Commission agenda for their review and comment and, thereafter, on the City Council agenda for decision. If you need any further information or if any other fees are required, please contact me immediately. Very truly yours , Jo eqhE.L. a 4/ JEut�L� Enclosures MEMORANDUM TO: Colette Penne, Planning Office FROM: Jay Hammond, Engineering Office DATE: August 30 , 1982 RE: Greenberg/Clarendon Amendment to P.U.D. Having reviewed the above application to amend the design and platting of the Clarendon P.U.D. Condominium, the Engineering Department has the following comments : 1 . As stated in the application, this is the second application for an amendment creating three bedroom units out of existing two bedroom units . The prior application, approved in September of 1980, was for one unit, this application is for three . It should be noted that the previous applicant made the verbal represen- tation that only two other units in the structure were in the position to make such an expansion. I have attached minutes from the September 22, 1980 City Council meeting addressing various issues raised at that time. 2 . While the addition of one bedroom did not significantly impact most concerns relative to this office, the addition of four bedrooms could. It would seem appropriate, in light of the Greenberg application, to look at the cumulative effect of these additions on such needs as parking and utility service. The applicant should be required to submit site plan information and confirmation from the various utilities addressing these concerns . JH/co jJ 0 Esther Bcamor passed out a report of suggestions regarding pedestrian safety. City 1 Mant-gcr Chapman told Council there are three aspects of the pedestrian safety issue. One ,i is Main street and what the city cc lo; Chapman appointed the police .ef, city engineer and street superintendent to work wICh Mrs. Beamer on this aspect - whe.: the city can do by themselves to improve pedestrian safety. A second aspect is what needs to be done but must have the approval of the department of highways. This group will outline these i • steps before the meeting with the department of highways. The third element of pedestrian safety is a professional and technical study of pedestrian safety of all areas in town. The city has received a proposal from Skrotzki 6 Associates 1 for a maximum cost of $5,000 to be completed in 4 months time. Chapman told Council there is no one on the city staff that is qualified to carry out this aspect of the pedestrian • study. Chapman said an alternative is to develop specifications and put this out for bids: Developing specifications would cost the staff time. Another option is to consider this as part of the 1981 budget and conduct the study January through April. ,I Councilwoman Michael said the first two aspects of Main street are fine; as far as the study, the city should seek proposals from other traffic firms and use 1981 money. Councilman Collins agreed the first two recommendations are fine and the study should be implemented as soon as possible as there may be some good ideas coming out of it. Council- - . man Collins said he felt the study should preceed some of the suggested solutions in Mrs. Reamer's report. Councilman Parry said the Council should go over the report and meet ,I with the highway department before starting any study. Rob McClung, police chief, ;� suggested the Council write to the department of highway safety and tell them Aspen has a ;� • pressing problem, this year there will be more cars. The Council needs to write the highway department and tell them Aspen has to have more traffic regulatory devices. Councilman Van Ness said the staff should develop a list of actions which the city may I E take on it own; write a letter to the highway department regarding traffic safety on Main ; street, develop a list of things that can be done on Main street. Councilwoman Michael moved Esther Reamer's committee with the staff named proceed with Main street proposals that require no highway department approval,- to recommend only I • Main street proposals that do require highway department approval in preparation for the I October 17 meeting; further that Council accept proposals from other traffic engineering firms, use 1981 monies and begin technical study after Council has some sense of the I! highway department; seconded by Councilman Parry. Councilwoman Michael clarified this that Council will discuss with the highway department the proposals that the city can 1 . implement before going ahead and doing them. All in favor, motion carried. REQUEST TO USE PART OF RIO GRANDE LOT • Monroe Summers introduced Geof Canoon who is requested Council approve use of a portion of the Rio Grande lot on October 4 to conduct a truck load solar water heater sale. These' . water heaters can be sold cheaper if they can do so in a large volume. Canoon passed out 1 brochures of the product. Councilman Isaac asked if they were collecting sales tax; Ii 1 Canoon answered yes. Canoon said this truck would take up approximately 6 cars spaces, they will have one demonstrator unit. j' Councilwoman Michael moved to approve use of the Rio Grande parking lot for a truck load , • solar hot water heater sale October 4 9 a.m. to 5 p.m. ; seconded by Councilman Isaac. All' in favor, motion carried. 1 AMENDMENT TO PUD PLAN - Clarendon Condominiums II. U Jolene Vrchota, planning office, told Council this is a request to add a third bedroom • to a .two-bedroom unit at the Clarendon. ' The request is for 250 square feet which is over 1 per cent of the total square footage and therefore has to come before Council to amend the PUD. There is little change in the exterior appearance and the integrity of the building. Ms. Vrchota said the P & Z recommended approval based on the consideration • there is no increase in the building footprint and the architectural integrity is main- tained. P & Z did have some concerns about setting a precedent. There are only two other. F units in the same position. P & Z was concerned because there was no public input in the ;! process. ll David Eisenstein, representing one of the owners in the 'Clarendon pointed out that Section 24.8-26 (b) said amendments may be made only if they are shown to be required by changes in conditions since the final plan was approved or by changes in community policy. Eisenstein said he was no aware of any changes. There are also eight other units that could add a third bedroom. Eisenstein said it does not seem necessary to make this expansion, and it may be opening the flood gates for other owners. This may be a danger- ous precedent. e ' I . ' • • ' / , . Regular Meeting Aspen City Council September 22, 1980 1 Joe Edwards showed Council the plans of the two bedroom units and what the changes are. :I Some of the other two bedrooms if changed would alter the roof line. Edwards told Council, the cumulative effect of changes is something Council can take into consideration at a later time; this is not a binding precedent. More than 1 per cent changes requires coming . to Council for approval; this is .013 per cent change. Edwards said they did not feel t, this change would have a. significant effect. The applicant's circumstances have changed, he has more family living with him. The Board of Directors of the condominium unanimouslyt approved this. The original architect is available and the original materials are avail- able. The architect feels when this is done, you will not be able to tell a change has I been made. Councilman Isaac asked if the applicant will pay the park dedication fee. .1 Edwards said they would. - . I Councilman Collins moved to approve the request; seconded by Councilman Parry. All in favor, motion carried. E CRATMAN C0NDOMIN1UMIZATION AGREEMENT AMENDMENT Jolene Vrchota, planning office, reminded Council the Garrett condominiumization was approved in July with three conditions; the six month minimum lease, notice and option . requirements, and a 10-year moderate price restriction applied to one of the units. One of the.one-bedroom units fell within the guidelines; the applicant offered a price ii restriction on a five bedroom unit for 10 years. Ms. Vrchota told Council it has been II found there are major changes that need to be made on the five-bedroom unit to bring it I up to code. The applicant prefers to rebuild the unit. It appears from the building department it is not reasonable to expect the unit to be brought up to Code. The appli- q cant is having difficulty getting financing because of the 10 year price restriction. • tMs. Vrchota told Council the city would be getting a new unit for 5 years rather than a sub-standard unit for 10 years. The P & Z recommended approval; their primary concern was that there was no site inspection made prior to the original approval. Ms. Vrchota ! said there may be a Code amendment to require site inspections prior to hearings before '� the City. Brooke Peterson told Council the amount of square footage will not change. iI Councilman Isaac moved to approve reducing the term of the moderate price restriction placed as a condition of condominiumization on Chatmas from 10 years to 5 years; 'l t seconded by Councilman Collins. All in favor, motion carried. � : I RESOLUTION OF INTENT TO ISSUE INDUSTRIAL DEVELOPMENT REVENUE BONDS - Koval Project Jim Reents, housing director, told Council this is an inducement resolution for bonds for a project at 915 East Cooper for a 70/30 project with 8 deed restricted and 3 free market units. This is brought to Council to see if they are willing to use IRB's to finance the project. The applicant feels the projects is viable only if IRB's can be '! used. Ms. Butterbaugh asked Council not to make a decision on this until they have seen the proposal and the money backing the group and also look at the guidelines for IRBS. Councilman Isaac said- projects asking for IRDS have to provide something for the community. Councilman Van Ness said this does provide employee housing. It . N Art Walsh, representing the applicant, said they applied under growth management and were '.. not accepted. Walsh said they would like to get approval from Council and then submit a proposal to P 6 Z. At this point, they are looking for an indication from Council that I they are willing to consider this type of financing. Ms. Vrchota said the planning office IN worked with the applicant and although there is no proposal, the discussion indicates 1 there is a good possibility this is the kind of project the city would like to see under 70/30. Reents told Council a project financed through IRBS can only be rental. There are two suggestions from the city's financial advisor to modify the resolution. In Section 4 change the length of commitment from 12 month to 6 month and add Section 5 to add language to give the city the right to withdraw from this resolution without any liability. • I, Councilman Van Ness asked if Council felt prepared to vote or wanted more review from staff. Councilwoman Michael said she would like to see the guidelines used on the Obermeyer IRB issue. Councilwoman Michael said if the city is putting their reputation behind this project, she would like to know the private financial arrangemar.L' of ti,e project. Councilman Isaac said he would like to know more about the -icCt and would 0 like to see an application. Councilman Isaac said he is in favor or the city helping obtaining low cost housing, but would like to know more abon" this. Councilman Parry said people are always saying the city should not get • .. olved but everytime a private 1 section tries to do housing, the Council blocks t}.-,n ou.. Councilwoman Michael said she it did not want to wait until the design ++hale.--„ar. would like more background. City Manager Chapman said there are many other r hun that are interested in this type financing. tl Council should make sure mL ,-Y-` they do is legitimate and appropriate. Don Diones, Kirchner/Moore, told C'c +^'`r cite city talked about IRB policy in March 1979 and that II effort should be r.en'"ed so that Council know what the guidelines are and if someone has P 0 ma} }hair rriher+" 4 I September 27, 1982 SEF � ,•i SEr S . UF'fiN / i' INC t CO, t4JNG OFFlQg.r� Susan Michael City Council 130 South Galena Aspen, Colorado 81611 Re: Dean Greenberg/Clarendon Amendment of P.U.D. Dear Susan, As you know from reviewing your packet for the September 27, 1982 , meeting, three of the owners of the Clarendon Town- houses desire to construct a third bedroom onto their two-bedroom units in the same manner as was done by the owner of Unit 12 several years ago. This building was originally designed to be expanded in this way, and the construction does not increase the building footprint. The architect believes that the additions would not affect architectural integrity of the building. Although we have obtained a positive recommendation from the Planning Office, the P&Z voted four to three to recommend a denial of the requested third bedrooms. In light of that negative recommendation, i believe some additional information may he valuable to you in making this decision. ZONING HISTORY This property was zoned AR-1 , which allowed 45 units per acre. The Gant Condominiums immediately to the east developed at that density. The Clarendon property was downzoned by Ordinance 19 from AR-1 , which would have allowed 73 units, to a total of 36 units. The following year, Ordinance 13 downzoned the property again to the present zoning category of R-6 (nine units per acre) which allowed 15 units. DESCRIPTION OF THE CLARENDON DEVELOPMENT The Clarendon was developed under the existing R-6 P.U.D. of 15 units on the property. This could have been developed as 15 homes on small 4 ,500-acre lots and, in fact the property City Council September 27 , 1982 Page 2 was at one time platted as single-family lots. However, under the P.U.D. , a townhouse concept was used which provided for additional open space. The number of townhouses is the exact same number of units as would be on the property if single-family homes had been developed. The townhouse concept allowed 54% of the total lot area to be held in open space. It should be noted there are no floor area ratios in the R-6 zone, and there is no limit on the size of the floor areas of either townhouses or single-family residences. THE PRESENT REQUEST The owners of Units 6 , 7 and 8 are requesting permission to add a third bedroom to their existing two-bedroom units so that their three-bedroom units will be exactly the same as the other three-bedroom units in the project. More than 70% of the owners of the townhouses have approved of the proposed expansion in writing, and the board of directors of the association has unanimously approved and joined in the application. If the property had developed as single-family houses and an owner wanted to add a bedroom, there would be no review procedures; and he would be granted a building permit as a matter of course. Because this project developed under the mandatory P.U.D. designation and there can be a variance and a lessening of the requirements for open space, building height, yard setbacks and a number of parking spaces, there is a procedure for the review of any changes. The purpose of that review procedure is that, with a P.U.D. This P.U.D. is at variance only with the requirement for one parking space per bedroom (which was not a requirement at the time the Clarendon was built) . Since there is no floor area limitation in the R-6 zone, size is by ordinance not an element of consideration or public concern. Therefore, the only standard affected by the proposed addition is the parking-space-per-bedroom ratio, which will be slightly decreased if the bedrooms are built. It is possible without significant change to open space to construct as many new parking spaces as there are proposed new bedrooms. Two additional parking spaces which would maintain the existing same ratio of parking spaces to bedrooms. The addition of a third space, which would require the moving of a line of trees which is part of the P.U.D. landscaping, would improve the ratio of space to City Council September 27, 1982 Page 3 bedrooms. Since the actual use patterns of the project result in the parking lot only being full during Christmas and spring vacation, the owners .believe the additional spaces are unnecessary but would comply with whatever wishes the City expressed in that regard. The applicant actually believes this change to be a minor change within the definition of 524-8 . 26 (a) and, therefore, could have been authorized by the planning director. However, the applicant has gone through the review process, since Unit 12 went through a similar process. PLANNING OFFICE RECOMMENDATION The Planning Office has recommended this request be approved subject to the addition of an extra parking space for each bedroom unless a lack of need for the additional parking was demonstrated. P62 R.ECOMMMENDATION The P6Z voted four to three to recommend denial, but there was an apparent lack of consensus in the reasons expressed by those voting to recommend against the project. One member thought that it would establish a precedent that ownere of the Gant could thereafter use. However, the Gant is a nonconforming use and could not be expanded (see §24-13 . 3 (a) ) . Another member' s comment was that he thought the applicant ' s attorney' s reasoning was as faulty as when he had been a commissioner, and perhaps some residual personal opinions regarding the applicant ' s attorney were involved in that vote. A third member indicated that he did not believe that a sufficient change in circumstances had occurred to justify an amendment to the P.U.D. (the City ordinance on such amendments 524-13.3 (b) indicates that they should be granted on the basis of change in circumstances since the final plan was approved or changes in community policy. ) It is noted that exactly the same type of change in circumstances, i.e. , substantial increase in family size of the owners, was the basis for the granting of the third bedroom for Unit 12 several years ago and that a change in ownership, was the basis for the planning director' s first amendment to the P.U.D. CHARACTER OF THE CLARENDON The Clarendon has developed as relatively luxurious condominiums which are used primarily as vacation homes. City Council September 27, 1982 Page 4 There are no full-time resident owners. Further, only six of the five units are ever rented. Most of the present owners purchased the condominiums when first constructed six years ago. The average yearly occupancy of all users both those that are rented as well as time of occupancy by the various owners is only 17 weeks out of the year or 32S of the time. It is rare that the visiting occupants have more than one automobile. The managing agent of the condominium has stated that only for a week at Christmas and a week in the spring is the parking lot ever full. In summary, we have the owners of some second homes who have had substantial increases in family size (Mr. Greenberg in Unit 6 has 4 children now) , and it has been difficult to accommodate their family in their vacation home when it only has two bedrooms. Since there is no FAR or restriction on unit size in the R-6 zone, there has been a policy declaration that unit sizes is not a rector with which the public need be concerned. It is suggested that the impact:, on the community are nonexistent and that it reasonable and e uitsble to allow the owners of. these would be second .. cond home townhouses to expand their units to add an additional bedroom and accommodate the substantial changes and condi- tion of their family size since they bought the condominiums six years ago. Very truly yours, COPY tttlitrat.S Joseph E. Edwards, Jr. JPE ch cc lan Greenberg anning Office i 3� +?y� wi'iX�aC1` 1 VACATION RESORTS, INC. 27 September 1982 Joe Edwards, Esq. Jerome Professional Building 201 North Mill Suite 109 Aspen, Colorado 81611 Re: Clarendon Condominiums Occupancy and Owner Data Pursuant to your letter of September 13, I have addressed your five specific questions and offered what answers and insides I could. You should note that Vacation Resorts has managed the Association from October 1980 to the present and, although our statistics cannot ap- ply to any period of time except when the complex was under our ma- nagement, I am familiar enough with the property and the owners to conjure reasonable estimates where factual statistics are not avail - able. 1. The number of units which have been historically rented_over the years have been about 50%. However, now there are six units in the rental pool and of these six, four have exten- sive owner use (approximately four weeks) during the winter. 2. We do not keep statistics about the number of tenants that use automobiles, but I would estimate that most - 80% - do have an automobile while in Aspen. There are usually three owners that leave a vehicle in the Clarendon parking lot year-round. 3. To the best of my knowledge, 10 of the 15 units are still owned by the party or parties that purchased a Clarendon Condominium originally. 4. Mr. Hayes 's estimation sounds correct, i .e. , the parking lot is "full " during Christmas and one week in the spring and is only partially full the rest of the year. 5. The amount of time an owner of a condominium that does not rent uses his condominium is difficult to gauge. (We do not keep occupancy records on non-rental condominiums) . My guess is about six weeks in the winter and four weeks in the summer. 709 East Durant Avenue Aspen, Colorado 81611 • 13031925-6760 Joe Edwards 27 September 1982 page two I hope this information is of use to you. I will be at the September 27 City Council Meeting should you need any additional information. Sincerely, 1 i-N. RoSaSe Timothy C. Roselle General Manager cc: Dean Greenberg • Hagman Yaw Architects, Lid 29 January 1982 Mr. Dean Greenberg Sioux City Cold Storage Post Office Box 129 Newport , Minnesota 55055 Dear Dean : As per your request I have reviewed the Clarendon Condominium building to determine which 2 bedroom units could be converted to 3 bedroom units consistent with the existing architectural and visual concept of the building. Units 6, 7 and 8 can be converted as previously recommended based on a central location in the building which can visually accept the change in architectural massing, particularly with our recommendation of a slight upper level projection. We think unit #3 could also be converted in a similar manner. Although the conversion of unit #2 is possible , we would be concerned that the scale of the building at the west (Glory Hole Park end) of the building would become too massive and "barrack" like to make a graceful transi- tion to the open park environment . We would therefore recommend that unit #2 not be a candidate for conversion . This recommendation is based on our judgment of the visual acceptability of such additions within the defined architectural character of the building and has no basis on special or particular wishes expressed by individual unit ownership. Very truly yours , Hagman Yaw Architects , Ltd ; Ct,t vv Li t Larry Yaw;' :A A Principal' LY:sd fi Enclosures 210 sOL'TH GALENA SUITE 24 ASPEN, COLL \IJO 303 925 2867 12/81 CLARENDON CONDOMINIUMS 0 1. Robert N. Noyce & Ann S. Bowers 690 Loyola Drive Los- Altos , CA 94022 415-948-6173 925-8416 2. Schak & Schakowsky Partnership 3418 West,Main . .Skokie IL , 60076 312-673-2250- 925-6679 t,th ,. 3: Donald E. Kolmer, DDS 302 Farmers Bank Building Jacksonville, IL 62650 217-245-4516 925-8593 4. James S. & Joy Dubose P.O. Box 2990 Fort Worth TX 76113 214-647-9200 925-1289 5. Richard F. & Sylvia Kaufman f � 740 Lake Dr. �n 'Rttt)` North Muskegon , MI 49445 616-744-1769 925-4312 ii�zD 6. Dean L. & Marilyn Greenberg t \e kn fL Box 129 Newport MN 55055 612-698-8857 925-2620 7. Brian Wilson Wilson House of Suede, Inc. 11840 W. Olympic Blvd. Los Angeles, CA 90064 213-478-3505(office) 925-6447 8. Dr. Lee & Gertrude Gladstone 1212 Lake Shore Drive 23AS Chicago, IL 60610 312-787-0791 925-8776 `„:; 9. Sam Lehrman Send Statement to: National Savings & Trust Box 10061 Aspen , CO 81612 Trust Dept. 920-1345 15th and New York Ave. NW 202-966-0183 Washington, DC 20005 Attn: Vera A. Graham (copy to Sam also) ♦ 12/81 10. Nathan Landow --� 4710 Bethesda Ave. Bethesda, MD 20014 301-657-4600 925-5422 11. David & Elizabeth Kruidenier 3409 Southern Hills Dr. Des Moines , IA 50321 515-288-8411 925-5435 > rtD 12. Earl M. & Marilyn Latterman 17‘t--tnV-aR_ 1230 Squirrel Hill Ave. Pittsburg, PA 15217 412-682-1315 (home) 412-751-4700 (office) 925-9483 13. Calvin Lui Hawaiian Adventure 1833 Kalakaua Honolulu , HI 96815 808-941-2413 925-1315 14. Jaime Sada P.O. Box 73 Colonia del Valle Office # 011-52-83-78-07-09 Nuevo Leon , Mexico eavil 15. Edgar Stanton , Jr. (n; rt,e a. 2320 Camino Lustre Home # 602-299-0771 Tucson , AZ 85718 925-7092 _C LAI .. .,,r1Dol.1 CEA.)DO. V` SVRV 4 _ WEEKS 12.En1TEb . , ar2ra = WEEKS OWNER. OCCUPIED 13 wKC 2(,WKS. 29 WKS . 52WK IN T#1 X11 l I Z 19''18 1 'g ; V///8///14 3 4 1 917 •U/! 6 191 ►/////,n:ninirn 8 197t7 1 10 pi/site 9 I 1 % n I Z Ig : %!e///, 13 14 c r' %/1// zo 1/J71111 • CLARENDON CONDOMINIUM USE INFORMATION UNIT # OWNER.;r. .cJC -:1MK . r P KCB « I :�'�l(. I �% -IIUC�I����� —7 r DATE UNIT ACQUIRED / / IS THERE ANY PRESENT INTENTION TO SELL UNIT? I (/ I IF THE UNIT IS CURRENTLY RENTED DURING ANY PORTION OF THE YEAR, TIMES OF THE YEAR RENTED AND AVERAGE NUMBER OF WEEKS PER YEAR THE UNIT IS RENTED ALL/ 7 h.; e. '�- IF UNIT WAS PREVIOUSLY RENTED DURING YOUR OWNERSHIP, THE AVERAGE NUMBER OF WEEKS PER YEAR IT RENTED NUMBER OF WEEKS PER YEAR OCCUPIED BY OWNER OR OWNER' S FAMILY 3 t_ CV NUMBER OF AUTOMOBILES PLACED IN PARKING LOT DURING OWNER' S OCCUPANCY / SIGNATURE OF OWNER SEP 3 ;. - ? CLARENDON CONDOMINIUM USE INFORMATION UNIT # OWNE R t itst& DATE UNIT ACQUIRED 1L1 1 WI t41)IF THERE ANY PRESENT INTENTION TO SELL UNIT? t4 IF THE UNIT IS CURRENTLY RENTED DURING ANY PORTION OF THE YEAR, TIMES OF THE YEAR RENTED AND AVERAGE NUMBER OF WEEKS PER YEAR THE UNIT IS RENTED JAN Fib \A4 tik o.ro- - S wiAs Cv. S inels !a t4,„1 •� IF UNIT WAS PREVIOUSLY RENTED DURING YOUR OWNERSHIP , THE AVERAGE NUMBER OF WEEKS PER YEAR IT RENTED / ' , aria( NUMBER OF WEEKS PER YEAR OCCUPIED BY OWNER OR OWNER' S FAMILY witty gi NUMBER OF AUTOMOBILES PLACED IIN PARKING LOT DURING OWNER' S OCCUPANCY 0 art,e4 SIGNATURE OF OWNER SEP 2 ',9'82 CLARENDON CONDOMINIUM USE INFORMATION UNIT # OWNER:' C,CuI DATE UNIT ACQUIRED IS THERE ANY PRESENT INTENTION TO SELL UNIT? L/-*9 IF THE UNIT IS CURRENTLY RENTED DURING ANY PORTION OF THE YEAR, TIMES OF THE YEAR RENTED AND AVERAGE NUMBER OF WEEKS PER YEAR THE UNIT IS RENTED I ��U 1-920..-2-/ • IF UNIT WAS PREVIOUSLY RENTED DURING YOUR OWNERSHIP , THE AVERAGE NUMBER OF WEEKS PER YEAR IT RENTED NUMBER OF WEEKS PER YEAR OCCUPIED BY OWNER OR OWNER' S FAMILY 7 � NUMBER OF AUTOMOBILES PLACED IN PARKING LOT DURING OWNER' S OCCUPANCY / i. SIGNATURE OF OWNER SEP 2 IS32 CLARENDON CONDOMINIUM USE INFORMATION UNIT # 6 OWNER. DE40 m edipN Imo` e b el .. DATE UNIT ACQUIRED U V , /977 IS THERE ANY PRESENT INTENTION TO SELL UNIT? //0 IF THE UNIT IS CURRENTLY RENTED DURING ANY PORTION OF THE YEAR, TIMES OF THE YEAR RENTED AND AVERAGE NUMBER OF WEEKS PER YEAR THE UNIT IS RENTED fJc r EP co IF UNIT WAS PREVIOUSLY RENTED DURING YOUR OWNERSHIP, THE AVERAGE NUMBER OF WEEKS PER YEAR IT RENTED g_ 4( h VA. 77 NUMBER OF WEEKS PER YEAR OCCUPIED BY OWNER OR OWNER' S FAMILY Q NUMBER OF AUTOMOBILES PLACED IN PARKING LOT DURING OWNER' S OCCUPANCY 014 €. aieitnotAi SIGNAT E OF OWNER SEP 0 1'1.2 CLARENDON CONDOMINIUM USE INFORMATION I ' L UNIT # HI \} OWNER j:��l i . t,i 0 (1 r� ` W c 1 � ` DATE UNIT ACQUIRED i�-? 4 ' \�� . i l- ( / `/ / 3 IS THERE ANY PRESENT INTENTION TO SELL UNIT? ;A/ V) IF THE UNIT IS CURRENTLY RENTED DURING ANY PORTION OF THE YEAR, TIMES OF THE YEAR RENTED AND AVERAGE NUMBER OF WEEKS / ° a '' t PER YEAR THE UNIT IS RENTED WA) 1r >= + 'v • IF UNIT WAS PREVIOUSLY RENTED DURING YOUR OWNERSHIP, THE AVERAGE NUMBER OF WEEKS PER YEAR IT RENTED AI ., NUMBER OF WEEKS PER YEAR OCCUPIED BY OWNER OR OWNER' S FAMILY I' NUMBER OF AUTOMOBILES PLACED IN PARKING LOT DURING OWNER' S OCCUPANCY 1 (7 SIGNATURE OF OWNER • CLARENDON CONDOMINIUM USE INFORMATION UNIT # OWNER ' .)•C L A 7l5C. t/flib' / ':1 777 . DATE UNIT ACQUIRED IS THERE ANY PRESENT INTENTION TO SELL UNIT? /`r IF THE UNIT IS CURRENTLY RENTED DURING ANY PORTION OF THE YEAR, TIMES OF THE YEAR RENTED AND AVERAGE NUMBER OF WEEKS PER YEAR THE UNIT IS RENTED .cT IF UNIT WAS PREVIOUSLY RENTED DURING YOUR OWNERSHIP , THE AVERAGE NUMBER OF WEEKS PER YEAR IT RENTED NUMBER OF WEEKS PER YEAR OCCUPIED BY OWNER OR OWNER' S FAMILY NUMBER OF AUTOMOBILES PLACED IN PARKING LOT DURING OWNER' S OCCUPANCY (/-,' SIGNATURE OF OWNER CLARENDON CONDOMINIUM USE INFORMATION UNIT # OWNER. td6Z.VVr .CrNA, `-d F DATE UNIT ACQUIRED Der, 0 1 r ? O / IS THERE ANY PRESENT INTENTION TO SELL UNIT? ✓440 IF THE UNIT IS CURRENTLY RENTED DURING ANY PORTION OF THE YEAR, TIMES OF THE YEAR RENTED AND AVERAGE NUMBER OF WEEKS PER YEAR THE UNIT IS RENTED Aldr_4 leg IF UNIT WAS PREVIOUSLY RENTED DURING YOUR OWNERSHIP , THE AVERAGE NUMBER OF WEEKS PER YEAR IT RENTED m it Zl_ , NUMBER OF WEEKS PER YEAR OCCUPIED BY OWNER OR OWNER' S FAMILY a a 10--U-k4 Cali _42,...,44,9 NUMBER OF AUTOMOBILES PLACED IN PARKING LOT DURIING OWNER' S OCCUPANCY / !/W /O.2,C/J4/1/YI/J.//2- OW+ • SIGNATURE OF OWNER MEMORANDUM TO: City Attorney Engineering Department Building Department FROM: Martha Eichelberger, Planning Office RE: Greenberg/Clarendon Condominium Plat Amendment DATE: August 5, 1982 Planner Colette Penne has attached an application submitted on behalf of three Clarendon Condominium owners and of the Clarendon Condominium Association for amendment to the Clarendon Condominium Plat, and more specifically, to add a third bedroom to three of the two-bedroom units in the complex. The item has been scheduled for the September 7, 1982 City Planning and Zoning Commission agenda, so if you would please review said application and return any comments to our office by August 30th at the latest, it will be much appre- ciated. Thank you. •