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HomeMy WebLinkAboutLand Use Case.55 E Durant Ave.0062.2019.asluCOMMUNITY DEVELOPMENT CITY OF ASPEN CASE NUMBER 0062.2019.ASLU PROJECT ADDRESS 555 E DURANT UNIT 3K & 4K PARCELID 2737182490015 & 273718249002 PLANNER KEVIN RAYES CASE DESCRIPTION ADMINISTRATIVE OR BOARD REVIEW REPRESENTATIVE GLENN HORN, DAVIS HORN INCORPORATED DATE CLOSED 11/6/2019 CLOSED BY SARA NESTER Q Permits 0 File €dit Record Navigate Form Reports Format Tab Help 06 ?X ► Lb zn QJ f) 0 A ej 19 J X1 o, 0 c A -i 0 0 v 0 x c z 0 ci 0 Main Custom Fields Routing Status Fee Summary Actions Routing History 7 , [ Jump 1 Permit type Wu IAspen Land Use Permit # 0062.2019.ASLU Address 555 E DURANT Apt/Suite UNITS 3K & 4K City ASPEN State CO Zip 81611 Permit Information Master permit Routing queue aslul5 Applied 07/10/2019 Project Status pending Approved Description ADMINISTRATIVE OR BOARD REVIEW Submitted DAN I E L ZE FF9709251 570 Clock Running F70 Submitted via Owner Last name ZEFF First name I DANIEL Phone (J Address Applicant Owner is applicant? Contractor is applicant? Last name IZEFF First name IDANIEL Phone [ ) 71 Cust # 31315 Address Email Lender Last name —� First name Phone (] Address No REFE2�P.�.s Issued Closed/Final Expires 07/04/2020 n DEVELOPMENT ORDER of the City of Aspen Community Development Department This Development Order, hereinafter "Order", is hereby issued pursuant to Section 26.304.080, "Development Orders", and Section 26.308.010, "Vested Property Rights", of the City of Aspen Municipal Code. This Order allows development of a site -specific development plan pursuant to the provisions of the land use approvals, described herein. The effective date of this Order shall also be the initiation date of a three-year vested property right. The vested property right shall expire on the day after the third anniversary of the effective date of this Order, unless a building permit application submittal is accepted and deemed complete by the Chief Building Official, pursuant to Section 26.304.090, or unless an exemption, extension, reinstatement, or a revocation is issued by City Council pursuant to Section 26.308.010. After Expiration of vested property rights, this Order shall remain in full force and effect, excluding any growth management allotments granted pursuant to Section 26.470, but shall be subject to any amendments to the Land Use Code adopted since the effective date of this Order. This Development Order is associated with the property noted below for the site -specific development plan as described below. Daniel Zeff, 885 Sixth Avenue #41C, New York, NY 10001 Property Owner's Name, Mailing Address North of Nell Condominiums, according to the Condominium Map thereof recorded December 3, 1968 in Plat Book 3 at Page 329 as Reception No. 133194 and as defined and described in the Condominium Declaration for the North of Nell Condominiums recorded December 3, 1968 in Book 237 at Page 674 as Reception No. 133195 and supplement recorded May 15, 1969 in Book 241 at Page 97 as Reception No. 135404 and Second Supplement recorded October 22, 2009 as Reception No. 563856, County of Pitkin State of Colorado, commonly known as 555 E. Durant Avenue, Units 3k & 4K. Legal Description and Street Address of Subject Property The applicant has received approval for a Growth Management Exemption and an Insubstantial PD Amendment to combine two multi -family housingunits nits (See Exhibit B in the Notice of Approval). Written Description of the Site -Specific Plan and/or Attachment Describing Plan Administrative Approval of a Growth Management Exemption and an Insubstantial PD Amendment via Notice of Approval at Reception No. 658385. Land Use Approval(s) Received and Dates (Attach Final Ordinances or Resolutions) October 31, 2019 Effective Date of Development Order (Same as date of publication of notice of approval.) November 1, 2022 Expiration Date of Development Order (The extension, reinstatement, exemption from expiration and revocation may be pursued in accordance with Section 26.308.010 of the City of Aspen Municipal Code) Issued this 5te day of November 2019, by the City of Aspen Community Development Director. Jennifer Phelan Grim Community Development Director 0 0 AFFIDAVIT OF PUBLIC NOTICE REQUIRED BY SECTION 26.304.070 AND CHAPTER 26.306 ASPEN LAND USE CODE ADDRESS OF PROPERTY: 555 E IDvr"-v Aspen, CO STATE OF COLORADO ) ss. County of Pitkin ) 1, L ll ; a n u 1-le-r (name, please print) being or representing an Applicant to the City of Aspen, Colorado, hereby personally certify that I have complied with the public notice requirements of Section 26.304.060 (E) or Section 26.306.010 (E) of the Aspen Land Use Code in the following manner: ✓ Publication of notice: By the publication in the legal notice section of an official paper or a paper of general circulation in the City of Aspen no later than fourteen (14) days after final approval of a site specific development plan. A copy of the publication is attached hereto. Publication of notice: By the publication in the legal notice section of an official paper or a paper of general circulation in the City of Aspen no later than fifteen (15) days after an Interpretation has been rendered. A copy of the publication is attached hereto. a��- 4 lr4 z Signature The foe m "Affidavit of Notice" was acknowledged before m�eythisI day of 13V) , 20 j_q, by la Ur-eli J o hLt PUBLIC NOTICE Of DEVELOPMENT APPROVAL Notice is hereby given to me general public of the approval of a site-spetlfic tlevelopmenl plan, and the creation of a vested properly n ht pursuant to the Land Use Code of the Ciry of Aspen and Title 24, Article 68, Colorado Revised Statutes. pertan- ing to the folbwing deaonbed property: Parcel IDs if 3716249015 8 27371821 W. Legally descd- bad as North of Nell Condominiums, according to the condominium map thereof recorded December 3. 1968 in Plat Book 3 at page 329 as Reception No. 133194 and as defined and described In the Condominium Declaration for the North of Nell Corr dominiums recorded December 3. 1968 in Book 237 at Page 674 as Reception No. 133195 and supplement recorded May 15. 1969 in Book 241 at Page 97 as Reception No. 135404 and Second Supplement recortletl October 22, 2009 as Recep- tion No. 563856. County of Pitkin, State of Colorado, commonly known as 555 E. Duran Ave- nue, units 3K 8 4k. The applicant has received ap- proval for a Growth Management Exemption and an Insubstantial PD Amendment to combine two multi-famiy housing units. The changes are depict- ed in the land use application on file with the City of Aspen. For further mfonnalion contact Kevin Rayes at the City of Aspen Community Develop- ment Dept.. 130 S. Galena St., Aspen, Colorado, k evin.rayes®cityofaspen.com, or (970) 429.2797, Ciry of Aspen Published In The Aspen Times on October 31. 2019. 0000502610 WITNESS MY HAND AND OFFICIAL SEAL My commission expires: 3 W�3 otary Public LAUREN LITCHET ATTACHMENTS: NOTARY PUBLIC STATE OF COLORADO NOTARY ID 2 ESJA UA1 COPY OF THE PUBLICATION MY COMMISSION EXPIRES NRY 23, 2023 • • Janice K. Vos Caudill Pitkin County Clerk and Recorder 534 East Hyman Avenue Aspen, CO 81611 (970)429-2716 Number of Documents Recorded: 1 ,0f1rKIN Transaction Receipt Print Date: 09/03/2019 12:51:39 PM CoUN7� Transaction #629519 cvacv Transaction Type: Recording Receipt #2019004264 Cashier: Patty Nadon Cashier Date: 09/03/2019 12:51:37 PM Reception#658385 - APPROVAL - 7pg(s) Recording Surcharge: $13.00 Recording Fee: $40.00 $43.00 Total Fees $43.00 Payment Received: Check #7676 $43.00 Change $0.00 Presented by: DAVIS HORN INC 215 S MONARCH ST SUITE 104 ASPEN, CO 81611 CEPTION#: 658385, R: $43.00, D. $0.00 DOC CODE: APPROVAL of 7, 09/03/2019 at 12:51 :37 PM Y Janice K. Vos Caudill, Pitkin County, CO CITY OF ASPEN NOTICE OF APPROVAL APPROVAL FOR A GROWTH MANAGEMENT EXEMPTION RELATED TO THE REDEVELOPMENT OF MULTI -FAMILY HOUSING AND AN INSUBSTANTIAL PD AMENDMENT FOR THE NORTH OF NELL CONDOMINIUMS SUBDIVISION/PUD, COMMONLY KNOWN AS 555 E. DURANT AVENUE, UNITS 3K & 4K, LEGALLY DESCRIBED AS NORTH OF NELL CONDOMINIUMS, ACCORDING TO THE CONDOMINIUM MAP THEREOF RECORDED DECEMBER 3,1968 IN PLAT BOOK 3 AT PAGE 329 AS RECEPTION NO. 133194 AND AS DEFINED AND DESCRIBED IN THE CONDOMINIUM DECLARATION FOR THE NORTH OF NELL CONDOMINIUMS RECORDED DECEMBER 3,1968 IN BOOK 237 AT PAGE 674 AS RECEPTION NO. 133195 AND SUPPLEMENT RECORDED MAY 15,1969 IN BOOK 241 AT PAGE 97 AS RECEPTION NO. 135404 AND SECOND SUPPLEMENT RECORDED OCTOBER 22, 2009 AS RECEPTION NO. 563856. COUNTY OF PITKIN, STATE OF COLORADO Parcel ED Numbers: 273718249015 & 273718249002 APPLICANT: Daniel Zeff, Owner of Units 3K & 4K REPRESENTATIVE: Glenn Horn, Davis Horn Incorporated SUBJECT & SITE OF APPROVAL: Insubstantial PD Amendment per Section 26.445.110.A, Insubstantial Amendments and Growth Management Exemption per Section 26.470.100.E.8.c, Exemptions to combine two multi -family housing units. The Community Development Director may approve, approve with conditions or deny this request based on criteria found in Exhibit A of this memo. SUMMARY: The North of Nell Condominiums is a mixed -use multi -family residential/commercial development located in the Commercial Lodge (CL) zone district with a Planned Development Overlay. The property contains 40 tourist accommodations on the top three floors and 12 commercial condominium units on the ground floor. The property was constructed in 1968 in compliance with zoning at the time and the PD was amended in 2007 via Ordinance No. 36, Series of 2007 to legalize various improvements related to revised dimensional standards. The Subdivision/PUD Agreement was subsequently updated to reflect the dimensional calculations for the property. The applicant proposes combining condominium units 3K and 4K and constructing an internal staircase to link the units. The submitted drawings represent a net livable area of 1,737 sq. ft. upon combining the units (Exhibit B). The Commercial Lodge (CL) zone district permits a maximum multi -family residential unit size of 1,500 sq. ft. The property owner has purchased a Transferrable Development Right which permits up to 2,000 sq. ft. of net livable area. Land Use Code Section 26.470.100.E, Demolition or redevelopment of multi family housing, generally prohibits a net loss of density (total number of units) when demolition and combining of two multi -family dwellings occurs. However, per Code Section 26.470.100.E.8.c, Exemptions; the Community Development Director may exempt this requirement for units which have been used exclusively as tourist accommodations or by non -working residents. To qualify for this exemption, the applicant must demonstrate that the unit has never housed a working resident. There is an absence of documentation related to the use of the property between 1968 and 1980. However, some evidence supports that Units 3K and 4K have always been used as tourist accommodations. When the North of Nell was originally constructed it was in the Commercial (C-1) zone district which was intended for retail, service, accommodations and recreational uses. In 1975, the North of Nell was rezoned in the Commercial Lodge (CL) zone district, which restricted the use of residential units to short-term rentals (Exhibit Q. In addition to this evidence, the current manager also provided documentation supporting that the business model of the property is intended for short - Page I 1 130 South Galena Street Aspen, CO 81611-1975 1 P: 970.920.5000 1 F: 970.920.5197 1 cityofaspen.com term vacation rentals of the condominium units (Exhibit D). The applicant also provided letters from current and former North of Nell managers attesting that Units 3K and 4K have always been used as tourist accommodations since at least 1980 (Exhibit E). STAFF EVALUATION: Staff finds that the request to combine two multi -family residential units meets the exemption requirements related to growth management per code section 26.470.100.E.8.c, Exemptions. Because the request meets these requirements and does not change the use or character of the development, staff also finds the request meets the review criteria for an insubstantial PD amendment (Exhibit A). Although there is an absence of documentation regarding the use of the condominium units between 1968 to 1979, the zoning regulations in place at the time provide evidence that the North of Nell condominiums were intended for short-term vacation rentals. When the property was originally developed, it was in the Commercial (C-1) zone district. Although this zone district permitted residential uses, its intention was to "allow the use of land for retail and service commercial purposes, accommodations and recreational as well as for residential purposes with customary accessory uses and institutional uses." In 1975, the North of Nell was rezoned in the Commercial Lodge (CL) zone district. The intention of this zone district was "to provide for the establishment of commercial uses at street level but requiring that all additional stories be lodge accommodations." Section 24.3.1 of the 1975 Land Use Code defined a hotel or lodge as "a building containing three or more units, none of which units contain kitchen facilities, intended for temporary occupancy of guests (Exhibit Q." The North of Nell continues to remain in the Commercial Lodge zone district. Although the permitted uses in this zone district have changed over time, the purpose of the CL zone district has remained the same. Per code section 26.710.200, Commercial Lodge, the purpose of the CL zone district "is to provide for the establishment of mixed -use commercial and lodge development by permitting commercial uses on the ground floor with lodging development above. The City encourages high -occupancy lodging development in this zone district through hotel, lodge and timeshare uses and short-term vacation rentals." Consistent with the purpose statement of the CL zone district, individuals who own residential units at the North of Nell may short-term lease their units. The North of Nell manages all short-term rentals and prescribes the rates based on the season. Exhibit D outlines the rental rates for 2019-2020. As requested by staff, the current manager at the North of Nell provided documentation comparing the revenues generated for each condominium unit from this program since 2000 (Exhibit D). Units 3K and 4K appear to have participated in this program during this time period. The manager also provided documentation outlining the fees associated with owning a condominium at the North of Nell for three condominium units not participating in the rental program (Exhibit D). The Homeowners Dues are considered a fixed cost and have always existed. These fees are based on the size and location of each unit. Given the current and previous zoning of the North of Nell as well as the fixed -costs associated with owning a unit compared with the potential revenue earned from renting a unit, staff finds that the North of Nell's business model encourages short-term vacation rentals rather than long-term housing for working residents. Lastly, the applicant provided letters from current and former managers of the North of Nell attesting that Units 3K and 4K have always been used as tourist accommodations since at least 1980 (the individual who managed the property from 1968 to 1980 is deceased but there is no evidence that the units were occupied by a working resident during this period). It is worth noting that the letter from Charles Hopton, (the manager from 1980 to 1994) mentions that units 3K and 4K were in the short-term rental program prior to his tenure and continued to participate while he managed the building (Exhibit E). DECISION: The Community Development Director determines that condominium units 3K and 4K have always been used as tourist accommodations. Combining these units meets the requirements for an exemption related to demolition or redevelopment of multi -family housing as described in Land Use Code Section 26.470.100.E.8.c, Exemptions. Additionally, the Community Development Director finds the request to combine units consistent with the criteria outlined in Section 26.445.100.A, Insubstantial amendments (Exhibit A) and thereby approves the request. Page 12 0 IA APPROVED BY: Jennifer Phelan, Acting Commur Attachments: Development Director -1 /,-.?, 4 DV Date Exhibit A — Staff Findings (Not Recorded) Exhibit B — Drawings (Recorded) Exhibit C — North of Nell Previous Zone Districts (Not Recorded) Exhibit D — North of Nell Rental Rates (Not Recorded) Exhibit E — Letters from Current and Former Managers of the North of Nell (Not Recorded) Exhibit F — Application (Not Recorded) Page 13 • • Exhibit A- Staff Findings Section 445.11o.A, Insubstantial Amendments An insubstantial amendment to an approved Project Review or an approved Detailed Review may be authorized by the Community Development Director. An insubstantial amendment shall meet the following criteria: 1. The request does not change the use or the character of the development. Staff findings: The North of Nell is a tourist accommodations mixed -use development. There are primarily retail and office uses on the ground floor with tourist accommodations on the second, third and fourth floors. The proposed changes do not change the tourist accommodations character of the development. 2. The request is consistent with the conditions and representations in the project's original approval, or otherwise represents an insubstantial change. Staff findings: Combining condominium units.3K and 4K do not impact the building envelope represented in prior North of Nell land use reviews. 3. The request does not require granting a variation from the project's allowed use(s) and does not request an increase in the allowed height or floor area. Staff findings: The proposal does not include any variation to the allowed uses in the PUD, nor is there a proposal to increase the allowed height or floor area. The proposed changes do not affect the Dimensional Calculations included in the Final Plat of the PUD (Attachment 4 of the land use application) and the Subdivision/PUD Agreement (Attachment 6 of the land use application). 4. Any proposed changes to the approved dimensional requirements are limited to a technical nature, respond to a design parameter that could not have been foreseen during the Project Review approval, are within dimensional tolerances stated in the Project Review, or otherwise represents an insubstantial change. Staff findings: The request does not require changes to any approved dimensional requirements. Exhibit A- Staff Findings Section 470.soo.E.8.c, Exemptions Pursuant to Code Section 26.470.1oo.E, Demolition or redevelopment of multi family housing, a net loss of density (total number of units) is prohibited when demolition and the combining of two multi -family dwellings occurs. However, per Code Section 26.470.1oo.E.8.c, Exemptions; the Community Development Director may exempt tis requirement for units which have been used exclusively as tourist accommodations or by non -working residents. The qualify for this exemption, the application must demonstrate that the unit has never housed a working resident. Staff findings: Staff finds that the request to combine two multi -family residential units meets the exemption requirements related to growth management per code section 26.470.ioo.E.8.c, Exemptions. Although there is an absence of documentation regarding the use of the condominium units between 1968 to 1979, the zoning regulations in place at the time provide evidence that the North of Nell condominiums were intended for short-term vacation rentals. When the property was originally developed, it was in the Commercial (C-1) zone district. Although this zone district permitted residential uses, its intention was to "allow the use of land for retail and service commercial purposes, accommodations and recreational as well as for residential purposes with customary accessory uses and institutional uses." In 1975, the North of Nell was rezoned in the Commercial Lodge (CL) zone district. The intention of this zone district was "to provide for the establishment of commercial uses at street level but requiring that all additional stories be lodge accommodations." Section 24.3.1 of the 1975 Land Use Code defined a hotel or lodge as "a building containing three or more units, none of which units contain kitchen facilities, intended for temporary occupancy of guests (Exhibit Q." The North of Nell continues to remain in the Commercial Lodge zone district. Although the permitted uses in this zone district have changed over time, the purpose of the CL zone district has remained the same. Per code section 26.710.200, Commercial Lodge, the purpose of the CL zone district "is to provide for the establishment of mixed -use commercial and lodge development by permitting commercial uses on the ground floor with lodging development above. The City encourages high -occupancy lodging development in this zone district through hotel, lodge and timeshare uses and short-term vacation rentals." Consistent with the purpose statement of the CL zone district, individuals who own residential units at the North of Nell may short-term lease their units. The North of Nell manages all short-term rentals and prescribes the rates based on the season. Exhibit D outlines the rental rates for 2019-2020. As requested by staff, the current manager at the North of Nell provided documentation comparing the revenues generated for each condominium unit from this program since 2000 (Exhibit D). Units 3K and 4K appear to have participated in this program during this time period. The manager also provided documentation outlining the fees associated with owning a condominium at the North of Nell for three condominium units not participating in the rental program (Exhibit D). The Homeowners Dues are considered a fixed cost and have always existed. These fees are based on the size and location of each unit. Given the current and previous zoning of the North of Nell as well as the fixed - costs associated with owning a unit compared with the potential revenue earned from renting a unit, staff finds that the North of Nell's business model encourages short-term vacation rentals rather than long-term housing for working residents. 0 0 Exhibit A- Staff Findings Section 470.3.00.E.8.c, Exemptions Lastly, the applicant provided letters from current and former managers of the North of Nell attesting that Units 3K and 4K have always been used as tourist accommodations since at least 1g8o (the individual who managed the property from 1968 to ig8o is deceased but there is no evidence that the units were occupied by a working resident during this period). It is worth noting that the letterfrom Charles Hopton, (the manager from 1g8o to 1994) mentions that units 3K and 4K were in the short-term rental program prior to his tenure and continued to participate while he managed the building (Exhibit E). m 3 m NET LIVABLE FLOOR AREA CALCULATIONS m (EXISTING CONDRIONS) .L� L X L1.1 wra.asmencarn r�urt. I+m •a+momw�U• rt. 1 1� u • UNIT 3K - EXISTING FLOOR PLAN ,Z UNIT 4K - EXISTING FLOOR PLAN 3 UNIT 3K - PROPOSED FLOOR PLAN 4 UNIT 4K - PROPOSED FLOOR PLAN ATTACHMENT 7 NET LIVABLE FLOOR AREA CALCULATIONS (PROPOSED CONDITIONS) M NENDEZ ARCHITECTS •< PROGRESS SET NOT FOR CONSTRUCTION NORTH OF NELL, UNITS 3K E 4K REMODEL ExISTWG AND PROPOSED NET UNABLE FLOOR AREA e.,va �vaw a� FAR-1 a� FLOOR AREA CALCULATIONS c (EKLsnw, coNornoNs) .3 m [n a - - mc x W ..ceu.moM�. • • UNIT 3K - EXISTING FLOOR PLAN UNIT 4K - EXISTING FLOOR PLAN 3 UNIT 3K - PROPOSED FLOOR PLAN 4 UNIT 4K - PROPOSED FLOOR PLAN FLOOR AREA CALCULATIONS (PROPOSED) MENENDEZ ARCHITECrS n NORTH OF NELL, UNITS 3K E 4K REMODEL EXI$nNG AND PROPOSED FLOOR AREA CALCULATIONS m r�uw FAR-1 8 m 72 ex c r- W;M' vs+ari emaoah 0�—_ ray. :aa• P�n[i9 g • ^ UNIT 3K -EXISTING FLOOR PLAN 2 UNIT 3K - PROPOSED FLOOR PLAN -c ; o -4 MENENDEZAECHITECTS. WALL TYPE LEGEND O PROGRESS SET NOT FOR CONSTRUCTION `a NORTH OF NELL. UMTS 3K s"REMODEL n... UNIT 3K SCHEME 2R,2 . A-101-2 m C .3 m m a 0 8 I UNIT 4K -EXISTING FLOOR PLAN Z UNIT 4K - PPOP05ED FLOOR PLAN (OPTION NEr'iENOEZA CHIfECTS.. PROGRESSSET NOT FOR CONSTRUCTION NORTH OF NE", UN75 3K E 4K REMODEL s.H UNIT 4K 5CHEME 2R2 wu.9 asp- - A-102-2 0Exhibit C- North of Nell Previous Zone Districts � ~— N I _VD R-15 RESIDENTIAL EM AR-2 ACCOMMODATIONS RECREATION R-6 RESIDENTIAL RIM C-1 COMMERCIAL C-C COMMERCIAL P PARK AR -I ACCOMMODATIONS RECREATION I 1967Zone District Map: North ufNell isZoned C'1 11-1-7 COMMERCIAL Intention - to allow the use of land for ret�,-:l and service commercia�puFposes, accommodations and recreational as well as for residential purposes with customary accessory uses and institutional 1967 Land Use Code: Ordinance No. 3 (Series of1967) • Exhibit C- North of Nell Previous Zone Districts `!; !•#.# • s ii !4 V' !+ 1• i ` '', `� � v. 411 ;r'! \ COMMERCIALCL .D 1975 Zone District Map: North of Nell is Rezoned in the CL zone district e DISTRICT INTENTION PERMITTED USES CONDITIONAL USES R! 'C7 o Commercial To provide for the establish- All street level uses same as None wLodge ment of commercial uses at CC; lodge accommodations on street level but requiring that second and other stories. CL all additional stories be lodge accommodations. 1975 Land Use Code: Commercial Lodge Zone District Details (o) Motel and lodge: A building .containing three (3) or more units, none of which units contain kitchen facilities, intended for temporary occupancy of guests. Accessory use facilities may consist of an office, laundry facilities used -by the occupants, recreation facilities, a lobby or lounge, kitchen and dining facilities and similar accessory uses commonly found in association with a commercial hotel or lodge operation and meeting requirements of the particular zone district in which the building is located. 1975 Land Use Code: Definition of Hotel/Lodge Exhibit D- Costs & Revenues Generated from wning a Condominium Unit 2019-2020 Seasonal Short -Term Vacation Rental Rates North of Nell 555 East Durant Aspen, Colorado 81611 (970) 925-1510 800-481-1510 Fax (970) 925-1550 Web: www.northofnell.com Email: info@ northofnell.com 2019 — 2020 WINTER RATES Value Season 11125-12116&3128. 4112 Standard 1 Bedroom, 1 Bath .. ........................... ................. $250.00 Deluxe 1 Bedroom, 1 Bath .. ............. .......... - ...................... $350.00 Premier 1 Bedroom. 1 Bath................................................$525.00 2 People Standard 2 Bedroom, 2 Bath ........... ................................... $350.00 Deluxe 2 Bedroom, 2 Bath..................................................$475.00 Premier 2 Bedroom, 2 Bath ............................ .................... $625.00 4 People Standard 3 Bedroom, 2 1/2 Bath ................................... .... $425.0;' Deluxe 3 Bedroom. 2 112 Bath .... ................................... ..._$550.0'. Premier 3 Bedroom. 2 1/2 Bath ....._..................................$725.0 6 People Premier 4 Bedroom ................. ... ................. ..................... $900.0ci Premier 5 Bedroom ... ...... ...... ......................................... $1300.00 Holiday Season 14 Night Minimum Standard 1 Bedroom, 1 Bath ......................... ..................... $700.00 Deluxe 1 Bedroom, 1 Bath..................................................$925.00 Premier 1 Bedroom. 1 Bath .............................................. $1050.00 2 People Standard 2 Bedroom, 2 Bath............................................S1000.00 Deluxe 2 Bedroom, 2 Bath................................................$1400.00 Premier 2 Bedroom, 2 Bath ............................................ S 1850.00 4 People Standard 3 Bedroom, 2 1/2 Bath......................................$1300.00 Deluxe 3 Bedroom. 2 112 Bath..........................................S1800.00 Premier 3 Bedroom, 2 112 Bath........................................S2300.00 6 People Premier 4 Bedroom....................................................... ..S2800.00 Premier 5 Bedroom ........ ............ ...................... ...... ..... ... S3600.00 Low Season 114 - 2/14 Standard 1 Bedroom, I Bath ........................................ .....$550.00 Deluxe 1 Bedroom, 1 Bath.................................................$700.00 Premier 1 Bedroom. 1 Bath...............................................$850.00 2 People Standard 2 Bedroom, 2 Bath.............................................$750.00 Deluxe 2 Bedroom, 2 Bath................................................S975.00 Premier 2 Bedroom. 2 Bath ........................................... $1350.00 4 PRople Standard 3 Bedroom, 2 1/2 Bath.......................................$900.00 Deluxe 3 Bedroom, 2 1/2 Bath........................................S1200.00 Premier 3 Bedroom, 2 112 Bath........................................$1550.00 6 People Premier 4 Bedroom .............................................. ............ $1800.00 Premier 5 Bedroom ...... ............... _c� nn nr, High Season 2,' 15 - 3127 Standard 1 Bedroom, 1 Bath .................................... ......... $550.0,. Deluxe 1 Bedroom, 1 Bath..................................................$700.00 Premier 1 Bedroom. 1 Bath................................................$900.00 2 People Standard 2 Bedroom, 2 Bath.............................................$750.00 Deluxe 2 Bedroom, 2 Bath.................................................$975.00 Premier 2 Bedroom, 2 Bath.............................................$13501!' 4 People Standard 3 Bedroom, 2 1/2 Bath......................................S900.00 Deluxe 3 Bedroom, 2 1/2 Bath .................................... ..$1250.00 Premier 3 Bedroom, 2 112 Bath ....................................... $1600.00 6 People Premier 4 Bedroom .. ................................................... $1900,00 Premier 5 Bedroom...........................................................$2600.00 Superior rental rates available upon request. 2019 SUMMER RATES Summer Season 618 - 912 Standard 1 Bedroom, 1 Bath..............................................S360.00 Deluxe 1 Bedroom, 1 Bath..................................................S475 00 Premier 1 Bedroom, 1 Bath................................................$575.00 2 People Standard 2 Bedroom, 2 Bath .......................................... ... $460.00 Deluxe 2 Bedroom, 2 Bath .................................................. $570 00 Premier 2 Bedroom, 2 Bath................................................$725.00 4 People Standard 3 Bedroom, 2 1/2 Bath ...... ................................. $520.00 Deluxe 3 Bedroom, 2 1/2 Bath............................................$625.00 Premier 3 Bedroom, 2 1/2 Bath..........................................$800.00 6 People Premier 4 Bedroom.............................................................$900.00 Premier 5 Bedroom ................................................ .......... $1300.00 6 People Superior rental rates and monthly rates available upon request. Summer Value Season 4122-617&9113-11/24 Standard 1 Bedroom. 1 Bath..............................................$250.00 Deluxe 1 Bedroom, 1 Bath..................................................$335.00 Premier 1 Bedroom, 1 Bath .. ... ........ ............... .................... $400.00 2 People Standard 2 Bedroom, 2 Bath .................... ........ ................ $325.00 Deluxe 2 Bedroom, 2 Bath..................................................S400.00 Premier 2 Bedroom, 2 Bath ....................... ........................ $500.00 4 People Standard 3 Bedroom, 2 1/2 Bath .... ..... ............................... $375.00 Deluxe 3 Bedroom, 2 1/2 Bath ... ........... .............................. $450.00 Premier 3 Bedroom, 2 1/2 Bath..........................................$575.00 6 People Premier 4 Bedroom.............................................................$650.00 Premier 5 Bedroom ................................. ............................ $900.00 6 People Superior rental rates and monthly rates available upon request. Spacious, comfortable condominiums located at the base of the Silver Queen Gondola. Full kitchen, flat screen TV's, HBO, private balcony, underground parking, elevator and maid service. A/C units available. Free wireless Internet access. Come enjoy the music, the mountains, the memories. All rates are daily, rates are subject to 11.3% tax (subject to change). A deposit of one half the total rent is due within 10 days. The full deposit is due 45 days prior to arrival.The deposit is refundable with 45 days or more notification If notification is less than 45 days, then refund is predicated upon our ability to fully re -rent the condominium. If we are not able to re -rent the condominium, the deposit is forfeited. If we are able to re -rent some, but not all, of the reserved dates, the amount of the refund will be equal to the amount of the re -rental. All deposit refunds are subject to a 10 % gross rental Processing Fee. Extra person, crib or rollaway charge is S25. Sorry, no pets permitted All Condominium units offered herein are independently owned As a result, the North of Nell, acting as rental agent, must reserve the right to change accommodations up to and including the day of arrival. The staff of the North of Nell makes special note of requests for specific condominiums but cautions that requests cannot be guaranteed. Check -In time is 4:00 P.M.; check-out time is 10:00 A.M • • Exhibit D- Costs & Revenues Generated from Owning a Condominium Unit Revenues Generated from Short-term Renting Condominium Units (2000- 2018) Revenue Comparison 2018 2017 2016 2015 2014 2A $ 79,505.05 $ 84,070.00 $ 67,000.00 $ 75,481.63 $ 64.010.06 2B $ 150,650.00 $ 112,285.00 $ 122,860.00 $ 112,260.00 $ 113,656.70 2C $ 14,000.00 $ - $ - $ - $ - 2D $ 93,290.00 $ 95.710.00 $ 92.300.00 $ 91,930.00 $ 89,225.00 2E $ 125,885.00 $ 123.413.60 $ 114.390.80 $ 118,030.00 $ 92,460.00 2F $ - $ - $ 36,850.00 $ 54,280.00 $ 51,805.00 2G $ 90.323.47 $ 104,299,75 $ 117.920.00 $ 109,540.00 $ 119,060.00 2H $ 106.365.00 $ 95,925.00 $ 100,265.00 $ 96.133.00 $ 96.625.00 21 $ - $ 33,300.00 $ 71,350.00 $ 79,526.00 $ 63,775.00 2.J $ 107,465.00 $ 117,000.00 $ 102,090.00 $ 59,000.00 $ 56,255.00 2K $ 52,626.97 $ 55,070.00 $ 48,621.00 $ " 45,205.00 $ 51,130.00 2L $ - $ - $ 13.925.00 $ 66.680.00 $ 62,680.00 2M $ ' 89.060.20 $ 93.155.00 $ 68,423.00 $ 77,315.00 $ 73,525.00 2N $ - $ - $ - $ 71,126.70 $ 72,785.00 3A $ 121,249.00 $ 137,570.00 $ 112,330.00 $ 111,176.00 $ 104,052.89 3B $ 37,450.00 $ - $ - $ 13,500.00 $ 100.920.00 3D $ - $ - $ $ - $ - 3E $ - $ 53,830.00 $ 62,358.62 $ 55,348.70 $ 60,120.00 3F $ 175,989.68 $ 148,630.83 $ 156,758.00 $ 175,630.00 $ 180.158.40 3G $ 77,269.86 $ 68,373.39 $ 74.702.00 $ 83.040.00 $ 60,220.00 31 $ 115.682.00 $ 101,404.20 $ 91,300.00 $ 119.228.36 $ 114,650.00 3J $ 116,560.00 $ 120,100.00 $ 95,284.00 $ 117,963.00 $ 83,595.00 3K 53,869.10 $ 36,025.00 $ 50,440.00 $ 56,423.75 $ 49.625.00 3L $ 53,063.43 $ 56,865.00 $ 46,305.00 $ 45,425.00 $ 52,616.64 3M $ 98,750.00 $ 110,862.00 $ 102.575.00 $ 114,316.26 $ 116,806.00 3N $ 117,435.00 $ 104,618.88 $ 101,303.00 $ 109,412.93 $ 96.068.92 4A $ 84,430.00 $ 60,525.00 $ 80,562.00 $ 94,205.76 $ 99,835.00 4B $ 129,301.00 $ 124,240.66 $ 94,885.00 $ 110,13124 $ 92,472.00 4C $ 126,833.05 $ 76,397.59 $ 90.815.80 $ 94.692.00 $ 79,230.92 4D $ 74,846.50 $ 94,943.28 $ 82,883.00 $ 82,350.00 $ 64.280.00 4E $ 121,790.00 $ 120,094.00 $ 106.329.00 $ 135,622.48 $ 95,490.00 4F $ 140,350.00 $ 151,875.00 $ 180,075.00 $ 167,650.00 $ 137.000.00 4G $ 107,960.20 $ 86.085.20 $ 86,120.00 $ 98,567.00 $ 77,976.16 4H $ 96,901.89 $ 99.423.20 $ 79,511.71 $ 92,511.66 $ 85,670.00 41 $ 128,250.00 $ 107,745.00 $ 107,575.00 $ 111,092.74 $ 109,050.00 4K $ 63,338.00 $ 71,040.00 $ 72.726.00 $ 65,800.61 $ 66.538.23 4L $ 80.400.00 $ 91,620.20 $ 100,521.67 $ 84,224.48 $ 72,913.40 4N $ 107,803.88 $ 199.550.00 $ 169,500.00 $ 170.000.00 $ 117,916.65 rOTAL $ 3,144,693.28 $ 3,136,046.18 $ 3,100,874.60 $ 3,364,817.29 $ 3,114,185.97 2A /9.70J.- y /V,L IL.UU y u.".u.VV 2B 128325.00 $ 114,300.00 $ 102,660.00 2C 0.00 $ - $ 43,210.00 2D 13UU20.00 $ 73,639.00 $ 66,140.00 2E 1015DO.00 $ 85,180.00 $ 91,870.00 2F 50293.00 $ 49.210.00 $ 57,609.00 2G 9,1685.30 $ 89,777.30 $ 79.066.63 2H 87320.00 $ 87,600,00 $ 8(3,900.00 P1 65387.00 $ 52,063.00 $ 69,329.00 2J 69097.00 $ 59,266.00 $ 53.718.00 2K 4(3441.U5 $ 46,875.79 $ 43,323.39 2L 55555.00 $ 52,055.00 3; 54,005.00 2M 65510.00 $ 68,7M,00 $ 71,656.00 pry 74345.75 $ 67,022.00 $ 5B,620.DO 3A 94020.01) $ 90.481.00 $ 80,170.DO 3B 110574.00 $ 109,422.64 $ 107,105,76 3D 0.00 $ - $ - 3E 47636.00 $ 71.365.00 $ 61,068.00 3F 1570BU,00 $ 128,1.UO.OU $ 133,370.00 3G 61090.00 $ .57,035.00 $ 64,237.40 31 99237.00 $ 94,026.00 $ . 88,725.31 3J 89118.00 $ 79,580.00 $ 75,175.00 3K 47557.99 S 50.850.00 $ 44,434.00 3L 35078.00 $ 49,339.00 $ 43.845.29 3M 117..341.00 $ 93,715.00 $ 104.775.00 3N 89i49.00 $ 90,303.00 $ 91,891.30 4A 10078.5.00 $ 100.347.28 $ 13.060.00 48 102122.75 $ 87.610.36 $ 77,824.25 4C 70039.25 $ 65,940.03 $ 04.654.84 4D 59583.00 $ 64,346.00 $ 57.033.00 4E 110720.00 S 98,794.24 $ 91,473.35 4F 9U85U.00 $ 76,810.00 $ 61.735.01) 4G 84240.00 $ 70,820.00 $ 60,345.OU 4H 74300.00 $ 75.055.00 $ 66,671.D0 H 110,570.00 S 89,500.00 $ 78,835.00 4K 62687.85 $ 51,727.75 $ 56,330.00 4L 845.58.00 $ 72,305.00 $ 69,833.00 IN 138325.00 $ 1Td,166.81 $ 146,215.87 rOTAIJ 3030798.94 $ 2,836,814.20 $ 2,570.214.39 Revenue Comparison 2010 2009 2008 2W7 $ 71,098.75 $ 61,275.D0 $ 67.,9T1..00 $ 60,947.33 $ 103,615.00 $ 48,900.DO $ 64,215.00 $ 70.518.00 $ Y8,940.00 $ 67,67A.40 $ 72,595.00 $ 6.575.00 $ 63,490.00 $ 48,472.00 $ 41.842.60 $ 48.640.00 $ 82.515.00 $ 60,596.68 S 53.511.08 $ 60,836.61 $ 61,090.36 S 72,782,65 $ 70,376.00 $ 70.093.24 $ 75,080.00 $ 86,238.00 $ 84,765.00 $ 89.780.00 $ 76,275.00 $ 74,700.00 $ 80.853.38 $ 86,350.00 S 66.110.00 $ 74,675.00 $ 46,115.OU $ 48,175.00 $ 58,5w.00 $ 48,53S.00 ; 59,331.60 $ 58,248.13 $ 46,188.39 $ 45.441.33 $ 47.318.33 $ 46.430.00 $ 51,145.00 $ 53.147.54 $ 60,815.00 S 47,465.00 $ 69,338.00 $ 73.845.00 $ 82,030.00 S 61,305.00 $ 69.160.00 $ 60,335.00 $ 71,125.00 S 74,870.00 $ 74.333.00 $ 81,195.00 $ 77,0105 $ 81.870.00 $ 98,706.00 $ 107,693.38 $ 110.323.34 $ 81,921.00 $ - $ - $ 33,734.00 $ 54,015.00 $ 49.115.00 $ 62,230.00 $ 64,720.26 $ 57,543.39 $ 149,771.36 $ 132,327.35 S 137,216.72 $ 113,281.62 $ 49.000.00 $ 44.445.00 3 55,645.00 $ 41,820.00 $ 96,636.00 $ 84,535.09 S 105,710.00 $ 94,916.67 $ 74.910.00 $ 59,708.54 $ 51,185.00 $ 51.875.63 S 40,600.00 S 44,3.57.25 $ 57,276.64 $ 45, 11 S. DO 6 35,640.00 $ 53,574.00 $ 52,125.00 $ 47,441.38 $ 103,274.00 $ 108.357.68 $ 110,853.38 $ 100,861.80 $ 91,796.64 $ 94.617.91 $ 85,953.00 $ 83,006.28 $ 68,545.00 $ 75,091.00 $ BS,T,20.04 $ 70,563.34 $ 68,326.12 $ 94,468.40 $ 73,207.00 $ 65,2U5.40 $ 60,785.00 $ 53,577.00 $ 56.443.00 $ 57,890.00 $ 72,790.00 $ 68,775.00 $ B2,623.04 $ 70.78.5.00 $ 56,160,00 $ 69,700.OD $ 49.700.00 S 81.355.00 $ 72,520.00 $ (34,684.00 $ 67,640.00 $ 70,3B6.53 $ 73,665.00 $ 78.946.00 S 78,835.00 S 91,780.00 S 90,870.00 S 92,470.00 $ 89,055.00 $ 78,230,00 $ 57.990.00 $ 44.441.00 $ 61,164.94 $ 53,492.24 j 60,610.15 $ 67,865.00 $ 71,747.29 E 74,41723 $ 147,465.00 $ 83,040.00 $ 2.666,283.7/ $ 2,502,000.20 $ 2,564,639.39 $ 2,403.646.02 • • Exhibit D- Costs & Revenues Generated from Owning a Condominium Unit Revenues Generated from Short-term Renting Condominium Units (2000- 2018) 2006 $ 55,861.70 2005 $ 56,775.42 2004 $ 47,840.00 2003 $ 49.675.00 2002 $ 55,056.60 $ 2001 42.189.24 $ 2000 41,979.40 2A 2$ $ 79,675.00 $ 62.201.65 $ 65.064.00 $ 60,685.00 $ 55,215.00 $ 41,366.00 $ 55,357.00 2C $ 58,206.70 $ 70.802.60 $ 59,960.00 $ 57,609.94 $ 40,445.00 $ 59,793.30 $ 45,464.00 2D $ 44,569.00 $ 45,585.00 $ 40,810.00 $ 40,754.95 $ 36,700.00 $ 38,648.00 $ 41.805.00 2E $ 47.545.00 $ 56.405.00 $ 51,720.00 $ 44,040.00 $ 35,483.00 $ 47,114.84 $ 51,819.35 2F $ 62,874.50 $ 58,873.31 $ 62,257.00 $ 48,715.00 $ 42,218.00 $ 55,310.10 $ 58,434.00 2G $ 84,399.00 $ 80,088.00 $ 76,635.00 $ 66,615.00 $ 70,399.90 $ 68,820.05 $ 50,067.00 2H $ 73,765.00 $ 71,682.00 $ 77,965.00 $ 60,570.00 $ 60,371.00 $ 60.875.00 $ 65,337.67 21 $ 42,985.00 $ 34,375.00 $ 35,955.00 $ 30,480.00 $ 28,960.00 $ 36,814.00 $ 43,314.00 2J $ 59,619.95 $ 5.8,920.00 $ 51.320.00 $ 46,004.00 $ 3T,125.00 $ 38,810.44 $ 48,443.00 2K $ 44,787.66 $ 39.791.68 $ 33,387.00 $ 32,795.00 $ 28,261.00 $ 36,460.00 $ 30,872.00 2L $ 47,425.00 $ 47,484.94 $ 41,960.00 $ 38,140.00 $ 31,057.00 $ 25,835.00 $ 34.542.76 2M $ 52,501.00 $ 52,515.00 $ 49,780.00 $ 34,430.00 $ 33,480.00 $ 35,085.00 $ 43,875.75 2N $ 55,231.00 $ 56,535.09 $ 51,041.31 $ 56,735.00 $ 49,265.00 $ 63,086.26 $ 58.092.03 3A $ 72.335.00 $ 82,570.00 $ 70,600.00 $ 67,638.00 $ 68,211.68 $ 68,873.33 $ 67,464.00 38 $ 91,194.00 $ 93,047.00 $ 40,260.00 $ 39.665.00 $ 41,309.00 $ 37,664.00 $ 45,678.00 3D $ 51,019.00 $ 54,470.00 $ 45,275.00 $ 27,140.00 $ 40,403.30 $ 41,609.17 $ 41,591.92 3E $ 57,075.00 $ 49,540.00 $ 49,250.00 $ 51,125.00 $ 46,205.01 $ 46,970.73 $ 44,548.00 3F $ 115,338.29 $ 82,133.00 $ 76,002.00 $ 75,230.00 $ 72.319.85 $ 65.580.00 $ 66.481.75 3G $ 41,620.00 $ 54,476.00 $ 60,530.00 $ 58,080.00 $ 55,345.00 $ 64,510.00 $ 62,291.20 31 $ 93,126.00 $ 79,596.00 $ 86,480.00 $ 75,060.00 $ 65,600.00 $ 65,535.00 $ 49,866.00 31 $ 52,665.00 $ 47,107.00 $ 42.250.00 $ 41.365.00 $ 36.834.00 $ 36,942.60 $ 41,606.40 3K $ 41,509.34 $ 39,606.10 $ 3,680.00 3L $ 51,670.00 $ 43,380.00 $ 35,226.00 $ 34,215.00 $ 35,488.00 $ 33,225.00 $ 36,037.30 3M $ 108.045.00 $ 89,526.00 $ 87,555.00 $ 82.810.00 $ 83,326.00 n/a n/a 3N $ 70,335.00 $ 84,000.00 $ 77,329.41 $ 63,409.00 3 55,027.70 $ 76,253.00 $ 75,441.00 4A 48 $ 59,246.78 $ 67,241.69 $ 58,725.00 $ 59,155.00 $ 48.620.09 $ 41,43127 $ 58,415.00 4C $ 71,355.00 $ 55,614.90 $ 51,681.70 $ 49,582.59 $ 54,440.00 $ 49,587.98 $ 65,696.00 4D $ 52,300.96 $ 51,646.84 $ 22,350.00 $ 26,250.00 $ 44,195.00 $ 45,712.00 $ 50,035.00 4E $ 69,041.00 $ 60.615.00 $ 72,676.78 $ 70,045.61 $ 62,484.01 $ 56,288.00 $ 59,850.00 4F $ 9,500.00 $ - $ 44,100.10 $ 63,480.00 $ 67,028.77 $ 70,415.00 $ 78,438.28 4G $ 78,410.00 $ 78,329.14 $ 61,920.02 $ 68.480.00 $ 69,206.76 $ 74,494.61 $ 63.479.90 4H $ 72,477.35 $ 78,159.96 $ 77,610.00 $ 54,530.00 $ 58,266.94 $ 65,378.00 $ 77,343.00 41 $ 75,160.00 $ 68,205.00 $ 65,280.00 $ 60.710.00 $ 57.120.00 $ 69.935.00 $ 64.964.50 4 K 58,580.00 $ 54,865.00 $ 42,788.67 $ 48,730.00 $ 42,466.00 $ 45,686.69 $ 42,924.00 41 $ 64.724.00 $ 62.942.00 $ 61,855.00 $ 41,870.00 $ 49,335.75 $ 47,007.37 $ 52,030.02 4N TOTAL $ 2,266,062.23 $ 2,169,104.32 $ 1,978,117.99 $ 1,825,819.09 $ 1,757,269.36 $ 1,753,284.98 $ 1,793,584.22 • • Exhibit D- Costs & Revenues Generated from Owning a Condominium Unit Yearly Association Dues & Other Expenses for Owning a Unit North of Nell Management Income/Expense Summary From January 1, 2018 to December 31, 2018 For: North of Nell, Unit 2L 2 Bd/Std 2 Baths Credits Charges Gross Income Total Gross Income ----------- 0.00 0.01; Operating Expense HOUSEKEEPING/LAUNDRY 1046.68 MAINTENANCE LABOR 502.00 ASSOCIATION DUES 22537.70 UTILITIES 2504.64 MISCELLANEOUS EXPENSE 2691.62 Total Operating Expense ------------ 29282.E4 0.0% Net Operating Income ------------ 29282.64 0.0% Other Income and Expense Total Other Income and Expense ------------ 0.00 0.0% Net Income ------------ 29282.64 0.0% North of Nell Management Income/Expense Summary From January 1, 2018 to December 31, 2018 For: North of Nell, Unit 2I 3 Bd/Deluxe 2.5 Baths Credits Charges Gross Income Total Gross Income ------------ 0.00 0.0% Operating Expense HOUSEKEEPING/LAUNDRY 6770.26 MAINTENANCE LABOR 564.40 ASSOCIATION DUES 23995.06 UTILITIES 1928.46 MISCELLANEOUS EXPENSE 1214.36 Total operating Expense ------------ 33572.54 0.0% Net Operating Income ------------ 33572.54 0.0% other Income and Expense Total Other Income and Expense ------------ 0.00 0.0% Net Income ------------ 33572.54 0.0% Exhibit E- Letters from Current and Former Manager of the North of Nell ATTACHMENT 8 at aspen mountain June 23, 2019 Jennifer Phelan AICP City of Aspen Community Development Department 130 South Galena Street Aspen, Colorado 81611 RE: North of Nell Condominium Units 3K & 4K Dear Jennifer: I am the Manager of the North of Nell Condominiums which is located at the base of Aspen Mountain immediately adjacent to the gondola. The North of Nell is located within the Commercial Lodge zone district and is operated as a tourist accommodations facility with commercial uses on the ground floor. The North of Nell has been operated as a tourist accommodations facility since it was developed in 1968. I have managed the North of Nell Condominiums since 1994 and am onsite five to six days a week. Condominium units 3K and 4K have been rented exclusively as tourist accommodations and have not been occupied by full time residents while I have managed the North of Nell. I have spoken with Don Helmich and Charlie Hopton who managed the North of Nell prior to me. Don and Charlie assured me that units 3K and 4K were never occupied on a long term basis during basis while they managed the North of Nell. Additionally, as indicated in Charlie's letter, the owners of units 3K and 4K had their units in the short term rental program prior to him taking over management of the North of Nell. Vance Grenko managed the North of Nell from 1968 until 1980. Unfortunately, Vance has passed away, however my North of Nell records do not indicate that units 3K and 4K were occupied on a long term basis when Vance managed the facility. You may reach at 925 1510 or joe@northofnell.comat if you have any questions regarding units 3K and 4K. Sincerely, North of Nell Condominiums Joseph Raczak, Manager 555 East Durant St. Aspen, CO 81611 970,925.1510 main 970.925.1550 ki, 800.481.1510 toll free www.northofnell.com • • Exhibit E- Letters from Current and Former Manager of the North of Nell ATTACHMENT 9 Charles Hopton 149 East Lupine Drive Aspen, Colorado 81611 June 23, 2019 Jennifer Phelan AICP City of Aspen Community Development Department 130 South Galena Street Aspen, Colorado 81611 RE: North of Nell Condominium Units 3K & 4K Dear Jennifer: I managed the North of Nell Condominiums from 1980 until 1986. Condominium units 3K and 4K were rented exclusively as tourist accommodations and were not occupied by full time residents while I managed the North of Nell. When I took over management of the North of Nell 3K was owned by the Greggs and 4K was owned by the Farvers. Both families had their units in the short term rental program and continued to do so while I managed the building. You may call me at 319-7900 or send me an email at hopton@,,kazakh.com if you have any questions regarding units 3K and 4K. Sincerely, Charles Hopton Exhibit E- Letters from Current and Former Manager of the North of Nell _ ATTACHMENT 10 Donald Relmico . 4006 County Road 115 Glenwood springs, CO 81601 June 20, 2019 Jennifer Phelan AICP City of Aspen Community Development Department 130 South Galena Street Aspen, Colorado 81611 RE: North of Nell Condominium Units 3K & 4K Dear Jennifer: I managed the North of Nell Condominiums from 1986 until 1994. Condominium units 3K and 4K were rented exclusively as tourist accommodations and were not occupied by full time residents while I managed the North ofNell. You mareach me via email at dl�mich@a sQgris.net if you have any questions regarding units 3K and 4K. -Sincerely, 1 Donald Helmich �1/ �► 1 `I,,I t � CITY OF ASPEN Land Use Application Determination of Completeness Date: July 9, 2019 Dear City of Aspen Land Use Review Applicant, We have received your land use application for North of Nell, 555 E. Durant, Units 3 and 4K and have reviewed it for completeness (but not compliance). Your Land Use Application is complete: Please submit the following to begin the land use review process. 1) Digital pdf of the entire application (via thumb drive, emailed files, or file sharing) 2) Deposit of $1,300.00 Other submission items may be requested throughout the review process as deemed necessary by the Community Development Department. Please contact me at 429-2765 if you have any questions. Thank You, i Ben Anderson, Planner II City of Aspen, Community Development Department For Office Use Only: Mineral Rights Notice Required Yes No GMQS Allotments Yes No_ Qualifying Applications: New PD Subdivision, or PD (creating more than 1 additional lot) Residential Affordable Housing Commercial E.P.F. Lodging 130 South Galena Street Aspen, CO 81611-1975 1 P: 970.920.5000 1 F: 970.920.5197 1 cityofaspen.com 0 Agreement to Pay Application Fees An agreement between the City of Aspen ("City") and Address of Property: SSS r. please type or print in all caps Property Owner Name,D--'M'ei Z---fF Representative Name (if different from Propertyowner) Billing Name and Address - Send Bills to: Ty.,- ►R�.�Zw(�l (`40M vF Q,,. r..✓�T �'v� i� ri r �l r Contact info for billing: a -mail: N/ P Phone: e-1-10 - c( Z S - )51a I understand that the City has adopted, via Ordinance No. 30, Series of 2017, review fees for Land Use applications and payment of these fees is a condition precedent to determining application completeness. I understand that as the property owner that I am responsible for paying all fees for this development application. For flat fees and referral fees: I agree to pay the following fees for the services indicated. I understand that these flat fees are non-refundable. $. flat fee for $. flat fee for $. flat fee for $. flat fee for For Deposit cases only: The City and I understand that because of the size, nature or scope of the proposed project, it is not possible at this time to know the full extent or total costs involved in processing the application. I understand that additional costs over and above the deposit may accrue. I understand and agree that it is impracticable for City staff to complete processing, review and presentation of sufficient information to enable legally required findings to be made for project consideration, unless invoices are paid in full. The City and I understand and agree that invoices mailed by the City to the above listed billing address and not returned to the City shall be considered by the City as being received by me. I agree to remit payment within 30 days of presentation of an invoice by the City for such services. I have read, understood, and agree to the Land Use Review Fee Policy including consequences for no -payment. I agree to pay the following initial deposit amounts for the specified hours of staff time. I understand that payment of a deposit does not render and application complete or compliant with approval criteria. If actual recorded costs exceed the initial deposit, I agree to pay additional monthly billings to the City to reimburse the City for the processing of my application at the hourly rates hereinafter stated. $ 00-L-'o deposit for hours of Community Development Department staff time. Additional time above the deposit amount will be billed at $325.00 per hour. $ NA' 1 deposit for 'V 1�' hours of Engineering Department staff time. Additional time above the deposit amount will be billed at $325.00 per hour. City of Aspen: Signature: Jessica Garrow, AICP Community Development Director PRINT Name: n 1 e, Z c f F City Use: Fees Due: $ Received $ Title: �VLJ ✓�e i Case d November920 5090 July 2, 2019 Jennifer Phelan AICP 0 • Davis Horn - PLANNING & REAL ESTATE CONSULTING CKV3 JUL 0 2 2019 City of Aspen Community Development City of Aspen Community Development Department 130 South Galena Street Aspen, Colorado 81611 Re: Insubstantial Planned Development Amendment to North of Nell Units 3K and 4K Dear Jennifer: Daniel Zeff ("Applicant") owns North of Nell Condominium Units 3K and 4K. The North of Nell is located at 555 East Durant Avenue at the base Aspen Mountain adjacent to the gondola plaza (PID Ws 2737-182-49-015 & 2737-182-49-002). The Applicant is represented in this land use application by Davis Horn Incorporated and Joe Raczak, Manager of the North of Nell Condominiums. The Applicant is seeking an insubstantial amendment to the North of Nell Planned Development in order to combine Units 3K and 4K. Attachment 1 is a letter from, the Applicant authorizing Glenn Horn and Joe Raczak to represent him in the land use review process. Attachment 2 is a vicinity map which depicts the location of the subject site and Attachment 3 is the City of Aspen Pre -Application Conference Summary Sheet. I. Background and Existing Conditions The North of Nell Condominium Building is located on approximately 27,000 square feet of land and is bounded by Dean Street to the south, Galena Street to the west, Durant Avenue to the north and the Aspen Mountain Gondola Plaza (Hunter Street extended) to the east. The site is zoned Commercial Lodge with a Planned Development overlay (CL/PD). As depicted by Attachment 4, the Final Plat of the North of Nell Condominiums P.U.D. the land is legally described as Lots A,B,C,D, E,F,G,H and I, Block 97 of the City of Aspen Townsite (Attachment. The North of Nell was built in 1968 in compliance with zoning at the time. Subsequent zoning changes made the building a legally non -conforming structure. On October 22, 2007 the City Council approved Ordinance # 36, Series of 2007 which approved a Planned Unit Development to legalize the non -conforming Dimensional standards of the North of Nell Condominiums (Attachment 5). On October 8, 2008 the North of Nell Condominiums and the City of Aspen signed the Subdivision/PUD Agreement for the North of Nell Condominiums which documented the N� DfifelikUD Reoist&Avaensoimal Calculations (Attachment 6). 215 SOUTH MONARCH ST. - SUITE 104 - ASPEN, COLORADO 81611 - 970/925-6587 - FAX: 970/925-5180 adavis@rof.net I ghorn@rof.net The North of Nell is a mixed use commercial/tourist accommodations development. There are 40 tourist accommodations condominiums on the top three floors and 12 commercial condominium units on the ground floor. The underground garage (basement) is improved with 61 parking space, a shop, storage and utility rooms. II. Project Description The Applicant is proposing to combine condominium units 3K and 4K. Attachment 7, North of Nell Units 3K and 4K Remodel prepared by Menendez Architects depicts the existing and proposed floor plans for the units and documents the existing and proposed net livable area. The drawings show that Unit 3K contains 869 square feet of net livable area and Unit 4K contains 868 square feet of net livable area. The Applicant is proposing to develop an internal staircase which will link the units (Attachment 7). The kitchen in Unit 3K will be removed and the unit will be remodeled to include two bedrooms and two bathrooms. The bedroom in Unit 4K will be removed and the unit will be remodeled to include a kitchen, dining room, living room and bathroom. The combined net livable area of the two units will be 1,694 square feet of net livable area (Attachment 7). III. Land Use Review This section of the land use application demonstrates compliance of the Applicant's proposal with the applicable land use standards identified in the City of Aspen Pre -Application Conference Summary Sheet (Attachment 3). The following Code sections are addressed. • Section 26.470.100.D.8.c Demolition or Redevelopment of Multi -Family Housing • Section 26.445.110. A Insubstantial Planned Development Amendment • Section 26.575.020 Calculations and Measurements • Section 26.710.200 Commercial Lodge District Land Use Code standards appear in bold followed by the Applicants responses. Section 26.470.100.D. 8.c. Demolition or Redevelopment of Multi -Family Housing Exemptions The Community Development Director shall exempt from the procedures and requirements of this Section the following types of development involving Multi -Family Housing Units. An exemption from these requirements shall not exempt a development from compliance with any other provisions of this Title. The demolition, combining, conversion, replacement, or redevelopment of Multi Family Housing Units which have been used exclusively as tourist accommodations or by non -working residents. The Community Development Director may require occupancy records, leases, affidavits, or other documentation to the satisfaction of the Director to demonstrate that the unit(s) has never housed a working resident. All other requirements of this Title shall apply including zoning, growth management, and building codes. 2 0 0 As previously noted, the North of Nell Condominiums are located at the base of Aspen Mountain adjacent to the Gondola Plaza. The Condominiums are managed by Joe Raczak and his staff as tourist accommodations. Refer to Attachment 8, a June 23, 2019 letter from Joe Raczak. Joe has managed the North of Nell for 25 years since 1994. He explains in his letter that the North of Nell is operated as a tourist accommodations facility and Units 3K and 4K have always been utilized as tourist accommodations during his tenure as Manager. Additionally. Joe has contacted former Managers Don Hemlich and Charlie Hopton to discuss the use of Units 3K and 4K during the years which Don and Charlie managed the North of Nell (1980 to 1994). Both Don and Charlie told Joe Units 3K and 4K were always utilized as tourist accommodations units when they managed the North of Nell. Vance Grenko managed the North of Nell from 1968 to 1980. Unfortunately, Vance has passed away however Joe states in his letter that North of Nell records do not indicate that Units 3K and 4K were occupied on a long term basis when Vance managed the tourist accommodations facility. Attachment 9 is a June 23, 2019 letter from Charles Hopton, North of Nell Manager, from 1980 to 1986. Charlie indicates in his letter that Unit 3K and Unit 4K were rented exclusively as tourist accommodation units while he managed the North of Nell. When he took over management of the North of Nell tourist accommodations facility in 1980 the Unit 3K was owned by the Greggs and Unit 4K was owned by the Farvers. Both families had their units in the short term rental program. Attachment 10 is a June 20, 2019 letter from Donald Hemlich who managed the North of Nell tourist accommodations facility from 1986 to 1994. According to Don, Unit 3K and Unit 4K were rented exclusively as tourist accommodations units and were not occupied by full time residents while he managed the North of Nell tourist accommodations facility Attachments 8, 9 and 10 demonstrate that Unit 3K and Unit 4K have never housed a working resident and have always been tourist accommodations units. Section 445.110.A Insubstantial Planned Development Amendment 1. The request does not change the use or character of the development. The North of Nell is a tourist accommodations mixed use development located at the base of Aspen Mountain. There are primarily retail and office uses on the ground floor with tourist accommodations on the second, third and fourth floors. The is onsite management which provides a high level of guest services to the visitors staying in the facility. There is direct access to Aspen Mountain from the east side of the building and to downtown Aspen on the north and west sides of the structure. The proposed insubstantial amendment does not change the tourist accommodations character of development. 2. The request is consistent with the conditions and representations in the project's original approval, or otherwise represents an insubstantial change. The proposed change to the building envelope is consistent with representations made in prior North of Nell land use reviews. 3. The request does not require granting a variation from the project's allowed use(s) and does not request an increase in the allowed height or floor area. 0 0 The proposal does not include any variation in the allowed uses in the PUD, nor is there a proposal to increase the allowed height or floor area. Refer to the Final Plat of the North of Nell Condominium PUD (Attachment 4) and the Subdivision/PUD Agreement for the North of Nell Condominiums (Attachment 6). The proposed insubstantial amendment does not affect the Dimensional Calculations in Section 3 of the Agreement. 4. Any proposed changes to the approved dimensional requirements are limited to a technical nature, respond to a design parameter that could not have been foreseen during the Project Review approval, are within dimensional tolerances stated in the Project Review, or otherwise represents an insubstantial change. The Applicant is not proposing any changes to dimensional requirements (see Attachment 6, Section 3). 5. An applicant may not apply for Detailed Review if an amendment is pending. Detailed review is not proposed or required. Section 26.575.020 Calculations and Measurements The Applicant is not proposing any changes to the exterior of the building. Units 3K and 4K will be linked by a new interior staircase. The Applicant's Architect, Luis Menendez, has calculated the existing and proposed net livable area of the subject units based upon Section 26.575.020 D. of the Land Use Code. Attachment 7, North of Nell Units 3K and 4K Remodel depicts the existing and proposed floor plans for the units and documents the existing and proposed net livable area. The drawings show that Unit 3K contains 869 square feet of net livable area floor area and Unit 4K contains 868 square feet of net livable area. The bedroom in Unit 4K will be removed and the unit will be remodeled to include a kitchen, dining room, living room and bathroom. The combined net livable rea of the two units will be 1,694 square feet (Attachment 7). Section 26.710.200 Commercial Lodge (CL) Zone District The purpose of the Commercial Lodge (CL) zone is to provide for mixed -use commercial lodge development with commercial uses on the ground floor and lodging development above. Lodging development includes hotel, lodge, timeshares and short term vacation rentals. The North of Nell offers short term vacation rentals with kitchens in the units. Section 26.710.200 D. 12 limits the maximum residential unit size to 1,500 square feet of net livable area. As noted in the previous section the combine size of the two units will be 1,694 square feet of net livable area. If this land use application is approved the Applicant will acquire a transferable development right to develop more than 1,500 square feet of net livable area as permitted by the Code IV. Summary This Applicant application proposes an insubstantial amendment to the North of Nell Planned Development. The change to the PUD has been approved by the North of Nell Condominium Association and will be in compliance with the Commercial Lodge (CL) zone (Section 26.710.200 D. 12). The North of Nell is a tourist accommodations facility and the Applicant has supplied letters from three managers of the North of Nell attesting that Units 3K and 4K have always been used as tourist accommodations units since 1980 and there is 2 0 C no evidence that the units were occupied on a long term basis from 1968 to 1980 when the facility was manage by Vance Grenko who is deceased. The proposal complies with Section 26.470.100.13. 8.c. and is exempt from the demolition, combining, conversion, replacement, or redevelopment of multi -family housing units. Thank you for considering this land use application. Please contact me if you would like us to provide any additional information or if you have any questions. Sincerely, DAVIS HORN INCORPORATED 5 - GL HORN AICP List of Attachments l . June 21, 2019 Letter from Daniel Zeff Authorizing Glenn Horn and Joe Raczak to represent him in the Land Use Review Process 2. Vicinity Map 3. Pre -Application Conference Summary Sheet 4. Final Plat of the North of Nell Condominiums PUD 5. Aspen City Council Ordinance # 36, Series of 207 Approving a Planned Unit Development to Legalize the Existing Non - Conforming Dimensional Standards for the North of Nell Condominiums 6. Subdivision/PUD Agreement for the North of Nell Condominiums 7. North of Nell Units 3K and 4K Remodel: Existing and Proposed Net Livable Area 8. June 23, 2019 letter from Joe Raczak, North of Nell Condominiums Manager 9. June 23, 2019 letter from Charles Hopton, Former North of Nell Condominiums Manager 10. Donald Hemlich 11. Ownership and Encumbrance Reports 12. Fee Agreement 13. Homeowners Association Compliance Policy 14. Land Use Application Form 15. Dimensional Requirements Form 9 1 J June 21, 2019 Daniel Zeff 885 Sixth Avenue # 41C New York, NY 10001 Jennifer Phelan AICP City of Aspen Community Development Department 130 South Galena Street Aspen, Colorado 81611 ATTACHMENT 1 Re: North of Nell Condominiums Insubstantial Planned Development Amendment to Combine Units 3K and 4K Dear Jennifer: I own North of Nell Condominiums Units 3K and 4K. This letter authorizes Glenn Horn and Joe Raczak to prepare a land use application for my two condominium units and represent me in the land use review process. You may email me at danielzeff(a.yahoo.com if you have any questions. Thank you. Sincerely, Daniel Zeff ghorn@rof.net https. n-iap;-,pitkincounty,com g.h;71,ir=,,er=perta! Pitkin County Web Viewer File Edit View Favorites Tools Help Browse to a File Pitkin Co :3 Google t), Suc J Slit- -eGallerv� ATTACHMENT 2 v_- v .,,,Maps,, More -> 66 1 1 want to... Om 41 + 7�4 %f t'7 JAhL Subject Ir W OP 74 boil, ,World Im... 0 100 1 • ATTACHMENT 3 CITY OFASPEN PRE -APPLICATION CONFERENCE SUMMARY DATE: March 25, 2019 PLANNER: Garrett Larimer, 429-2739 PROJECT NAME AND ADDRESS: 555 E Durant Ave. — North of Nell REPRESENTATIVE: Glenn Horn, Davis Horn Incorporated, 970-925-6587 DESCRIPTION: The Applicant is seeking to combine two residential units in the North of Nell building, no changes are proposed to the exterior of the building. The subject property is zoned Commercial Lodge with a Planned Development overlay (CL/PD). The zone district includes limitations on the maximum allowable unit size. The combining of residential multi -family units is considered demolition by the Land Use Code. Currently, the Commercial Lodge (CL) zone district permits a maximum multi -family residential unit size of 1,500 sq. ft. of net livable area (L.U.C. Section 26.104.100, Definitions) unless a Historic Transferable Development Right is purchased which would enable the units to reach 2,000 sq. ft. net livable. Additionally, the combining of multi -family residential units is subject to growth management review: Demolition or redevelopment of multi -family housing (L.U.C. Section 26.470.100.E.) and affordable housing mitigation unless the proposal is exempt from the growth management review under a number of outlined exemptions. It appears that the Applicant believes the following exemption is applicable: 26.470.100.E.8.c - "The demolition, combining, conversion, replacement, or redevelopment of Multifamily Housing Units which have been used exclusively as tourist accommodations or by non- working residents. The Community Development Director may require occupancy records, leases, affidavits, or other documentation to the satisfaction of the Director to demonstrate that the unit(s) has never housed a working resident. All other requirements of this Title shall still apply including zoning, growth management, and building codes.)." The Applicant is required to submit a land use application with appropriate documentation showing that the above -referenced exemption is met. The applicant will also need to show that no increase in overall floor area to the building is proposed for residential uses within the Planned Development (PD) and the unit complies with the maximum unit size allowed in this zone district. An Insubstantial PD amendment will also be required to document combining two units, upon approval the applicant will be required to record an amended plat of the residential units. Upon approval, it's recommended that the Condo Plat be amended as well. The Applicant should be aware that at the time of building permit the zoning officer will review the design to ensure it complies with all applicable zoning requirements, including unit size, floor area, and any internal connections between units. RELEVANT LAND USE CODE SECTIONS: t3oSouth Ga(enaStreet Aspen, ::C) P:97t)92U5000 1 F 970v20.51917 1 cit.yofa,Fefl Section Number Section Title 26.470.100.E Demolition or Redevelopment of Multi -Family Housing 26.445.110.A Insubstantial Planned Development Amendment 26.575.020 Calculations and Measurements 26.710.200 Commercial Lodge (CL) Zone District For your convenience — links to the Land Use Application and Land Use Code are below: Land Use Application Land Use Code REVIEW BY: Community Development Staff for complete application and decision PUBLIC HEARING: No PLANNING FEES: $1,300 for 4 hours of staff time (additional hours will be billed at $325/hr) REFERRAL FEES: None. TOTAL DEPOSIT: $1,300 APPLICATION CHECKLIST — These items should first be submitted in a paper copy. ❑ Completed Land Use Application and signed Fee Agreement. ❑ Pre -application Conference Summary (this document). ❑ Applicant's name, address and telephone number, contained within a letter signed by the applicant stating the name, address, and telephone number of the representative authorized to action on behalf of the applicant. ❑ Street address and legal description of the parcel on which development is proposed to occur, consisting of a current (no older than 6 months) certificate from a title insurance company, an ownership and encumbrance report, or attorney licensed to practice in the State of Colorado, listing the names of all owners of the property, and all mortgages, judgments, liens, easements, contracts and agreements affecting the parcel, and demonstrating the owner's right to apply for the Development Application. ❑ An 8 1/2" by 11" vicinity map locating the parcel within the City of Aspen. If the copy is deemed complete by staff, the following items will then need to be submitted: ❑ Total deposit for review of the application. ❑ A digital copy of the application provided in pdf file format. Depending on further review of the case, additional items may be requested of the application. Once the application is deemed complete by staff, the applicant/applicant's representative will receive an e-mail requesting submission of an electronic copy of the complete application and the deposit. Once the deposit is received, the case will be assigned to a planner and the land use review will begin. Disclaimer: The foregoing summary is advisory in nature only and is not binding on the City. The summary is based on current zoning, which is subject to change in the future, and upon factual representations that may or may not be accurate. The summary does not create a legal or vested right. • ATTACHMENT 4 CERTIFICATE OF OWNERSHIP JUL 0 2 2019 City of Aspen Community Development FINAL PUD PLAT OF NORTH OF NELL CONDOMINIUMS P.U.D. SECTION 18, TOWNSHIP 10 SOUTH, RANGE 84 WEST OF THE 6th P.M CITY OF ASPEN, COUNTY OF PITKIN, STATE OF COLORADO SHEET 1 OF 19 THE PURPOSE OF THIS PUD PLAT IS TO ESTABLISH THE APPROVED PLANS FOR THE 2008 EXTERIOR REMODEL OF NORTH OF NELL CONDOMINIUMS, PURSUANT TO CITY OF ASPEN ORDINANACE NO. 36. SERIES OF 2007. »t,ATPS�tEE' sv—a 'FE A- IE �.N j�W P -.1 AkqCCL 2 lec 135m isc.11 i'47 7 :a�x -cuNa q L-j L-j Li s Imi 13 %C 1 35� T TITLE CERTIFICATE SE' 17 3 .2w3 S AEBAR 4. CZR 05w, V1 t 2-W 3 7' ss ----W y Ku, -C .3 O-E k SEk CITY ENGINEERS APPROVAL �'-,Y COMMUNITY DEVELOPMENT APPROVAL I GRAPHIC SCALE V I !E' ARCHITECT NM & A—M -­6 Ned— C-imdc 31" SHEET INDEX 3,0 925'96' OWNER N" :f Ne, Ca'"n- A- 3eE-- 3.Pe Ratak %4—j. 555 X-1 sleet ft PLANNER D., .1cp Senn ^m Ar-P 2 15 5-11, v..r? st-1 s—'odASP., ::-3'6- 9m+ 925 M87 SURVEYOR Sr Er9,.-9 LLC 3' '02 Ift, SM. S, 43 >--81623 PROPERTY DESCRIPTION 3 Z - 3-;'�x W Y- 'CIN SURVEY NOTES ­ZX'­­2Xe ". 4a.M . "IE a. iASG: E -Ck SE---c. 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ES ARE AS SJCW+- OF • 0 • � 330 0 r i r I r� t r a� P A. R K E_v_ E L �Q ONUON E&-EMENT5 3HEET 2 oa'4 s I -to 0 r7 F�- \sF L£ iEMV "O0. POKPOSES OF CC44VC(AI4CE �" S ?- F L 0 0 R F!R!? F6000. - 4ROUND F1004 GotA"E0.G.;4- - GOMMERt.A- 3I1 sNw IS .t/1 • 0 0 • 3 RD. 4TH. FLOOR _LEGEND i0A YVEPoARS OF GONvfYANCE �? ►!'A � VN,r LA• llN1'r A *4 THE SEG.ONO flcefk jiN T 3A- ✓N'T i. ON 'ME �. RD FLOOR L;N;T *A. UN.* A oti -+_ FOjRTFi F:OOIL L! ►A ITED COMMOti E SEMEN TS ONNON EENT6 SH E E7 0 I 6 IS FOR '.w_ ._ .., v �.� tl11NEQt C!�^f'tA2 :DYD6• u '<r � :ant•, as .: .. :ae.- << � _:, a... �.. L .••<1�+Fa3LY ir, •+ew.e•n�r.,a.w, .<s at+. e.a..Qm.s ae..>, - qa' r•a eu +mow.. r+a.+e •ra...•n•.<+naaa�a•ne•`•t+n,F in +,nst «:+M7_tb,-na ar iau-�.auc<•-l.Lfaaao. L'-�>,<�x•,<��r -iM V.t Fwa east• •.N I.Y t q+c•F s,r.rr a� /ru �nw c 3. e.C#SL ^�crfZII �/ tfC.yL1/+ . Lill A} � D r - �f < iL ' i 0 Js Y i wL rs tr 504* (1 AM 0 0 0 0 9-_:.< . - _ ea . _ __ - _ ___-._ _. ______ .__-._ S -_ .a •a -.-•.a- _ _ _-a�as- ai-sc_- o -�-- .c.-ca sow �a - _ aa9 _ .` a-: - w_- -. - ♦ ae 9 �` "tea - e t�s+ea_� w __ _ _ ____ _ -a i- ea c_ca. �c �J4- a- Oe _J __wa.>J Jv �-✓. 'w-wcv -t] •v - ._ a �- - xf ..> �a-. a _.e _ sh+rt 18 a i? • 0 Z_c _ / - .- =mot a Ibe,+ M 'F it 0 • ATTACHMENT 7 0 NET LIVABLE FLOOR AREA CALCULATIONS (EXISTING CONDITIONS) E 9—'a -�-- AREA J\r 3c - Ex5'14 F-�oR AREA 9Gg S� r JNr 4K - E%S-\G P_.JOR AREA SGB Sra r. r0-AJ EXSrNG F_COR AREA (SCn JNTS) JNr 3K - Ex6'\G Ste\^' iCg SQ. r. JNr - - E 9-%G S- =%- %r- EXS'NG S.LC. ,ES s-- UNIT 3K - EXISTING FLOOR PLAN S-Wco� IL jr------------------- ----------- P� r-r- UNIT 4K -.EXISTING FLOOR PLAN L E:A= 3'G ='-C 3 UNIT 3K - PROPOSED FLOOR PLAN S_A_:3 c = o I� II 0 7, UNIT 4K -PROPOSED FLOOR PLAN NET LIVABLE FLOOR AREA CALCULATIONS (PROPOSED CONDITIONS) ARE* ez. er. rp*.� �u^FOcE F-ccq AREA (BO^. Jh-S; "y a oRORGSEy 5+...^.:\Ec O MENENDEZ ARCHITECTS a 9)O Saa "5 w Mc•� W- h•e -_ S S r w .�7RUV 1 ION W...- Dare: iC one. ReW J— pr Je NORTH OF NELL, UNITS 3K It 4K REMODEL sneer title: EXISTING AND PROPOSED NET LIVABLE FLOOR AREA went ogre: Wdtvn By: -"d'-g Dept: -et number. FAR-1 C 2019 M--. .Artb YC i FLOOR AREA CALCULATIONS (EXISTING CONDITIONS) ocsnD P :ca + MA ✓M1r 3K - E15-16 e, OC. BL. �. ,lhr 6 - E%5'h6 --cca >RE>. 33 sO. �. Tar sx q-h, Rzo.. WE ;BOTH uwrs) = 1T93 BO. er. uhr 3K - E%S'fvG soh •Og so. 1, Jhr LC - �t:s'nri 3a.:Oh^' •LB sQ e-. • UNIT 3K - EXISTING FLOOR PLAN UNIT 4K - EXISTING FLOOR PLAN L >�E3. 3 UNIT 3K - PROPOSED FLOOR PLAN 4 UNIT 4K -PROPOSED FLOOR PLAN 0 • FLOOR AREA CALCULATIONS (PROPOSED) c toposm R--cR AREA -I- 3K - oROGOSM P-C—O >RE> BG. --a oROPOSEO RCOR A$MA ;sL-- -. Jhr 3. - RROPC5EO B I= •LB BL. =- Jh� TC•.al. RR.^YrJE 3>L :G'�E> 3.:-- - e BL. — 4 MENENDEZ ARCHITECTS hsue: Date: C' Date: Revision: NORTH OF NELL, � —S 3K $ 4K REMODEL Sheet mle: EXISTING AND PROPOSED FLOOR AREA CALCULATIONS print Dm: or— or Building Dept.: Sheet number: FAR-1 C 20191—d.r arc vC O UNIT 3K - EXISTING FLOOR PLAN 2 UNIT 3K - PROPOSED FLOOR PLAN O 4 MENENDEZ ARCHITECTS = i0n nwn. Caiwaaa Bt�i� ^YPE LEGEND --2RESS SET NOT F- DPASTRUCTBON Issue: Dare: A. OMe: Revlrinn: 21Ell -5.•_.3 PfJ a NORTH OF NELL, UNITS 3K E 4K REMODEL sneer title: UNIT 3K SCHEME 2R.2 Prim Date.' _ Drawn By: Building Depc: A-101-2 G .� UNIT 4K -EXISTING FLOOR PLAN C C, U UNIT 4K - PROPOSED FLOOR PLAN L (OPTION 1) 4 MENENDEZ ARCHITECTS•: PROGRESS SET NOT FOR CONSTRUCTION Istue: Date: A. Date: Revision: z� ROJeC1 NORTH OF NELL, UNITS 3K E 4K REMODEL Sheet ride: UNIT 4K SCHEME 29.2 P -nt Date: _ Drawn By: _ Building Dept. Sheet numh" A-102-2 _, a.N�.e.du A.�A�tic1a P-. ATTACHMENT 5 ORDINANCE NO.36, (SERIES OF 2007) A ORDINANCE OF THE ASPEN CITY COUNCIL APPROVING A PLANNED UNIT DEVELOPMENT TO LEGALIZE THE EXISTING NON -CONFORMING DIMENSIONAL STANDARDS WITH CONDITIONS, FOR THE NORTH OF NELL CONDOMINIUMS, 555 EAST DURANT STREET, LOTS A,B,C,D,E,F,G,H AND I, BLOCK 97, CITY AND TOWNSITE OF ASPEN, PITKIN COUNTY, COLORADO. Parcel ID: 273 7-182-49051 WHEREAS, the Community Development Department received an application from the North of Nell Condominium Association (Applicant), requesting approval of a Planned Unit Development and rezoning as a PUD, described as Lots A,B,C,D,E,F,G,H and I, Block 97, City and Townsite of Aspen, Pitkin County, Colorado due to the lowering of Dean Street; and, WHEREAS, the Community Development Department received referral comments from the Aspen Consolidated Sanitation District, Parking, City Engineering, Building, and Parks, as a result of the Development Review Committee meeting; and, WHEREAS, upon review of the application, referral comments, and the applicable Land Use Code standards, the Community Development Department recommends approval of the Planned Unit Development for the North of Nell Condominiums with conditions; and, WHEREAS, the Planning and Zoning Commission reviewed the application at a public hearing on May 15th, 2007, and upon recommendation of the Community Development Department, continued the public hearing to June 5th, 2007; and, WHEREAS, the Planning and Zoning Commission did not meet due to lack of quorum on June 5, 2007, and upon recommendation of the Community Development Department, continued the public hearing to July 17, 2007; and, WHEREAS, upon further review of the application at the July 17th continuance, the Planning and Zoning Commission considered the development proposal under the applicable provisions of the Municipal Code as identified herein, reviewed and considered the recommendation of the Community Development Director, and took and considered public comment at a duly noticed public hearing; and, WHEREAS, on July l 7th, 2007, via Resolution No. 19 (Series of 2007), the City of Aspen Planning and Zoning Commission considered and discussed the application and Page] of 5 found that the development proposal meets all applicable development standards and that the approvals and recommendation of approval of the land use requests were consistent with the goals and objectives of the Aspen Area Community Plan; and, WHEREAS, the City of Aspen Planning and Zoning Commission found that the Resolution (No. 19, Series of 2007) furthers and is necessary for the promotion of public health, safety, and welfare; and, WHEREAS, the City of Aspen Planning and Zoning Commission found that the development proposal meets or exceeds all applicable development standards and that the approvals of the development proposal are consistent with the goals and elements of the Aspen Area Community Plan; and, WHEREAS, the City of Aspen Planning and Zoning Commission recommends City Council approve the Planned Unit Development and Amendment to the Official Zone District Map, by a vote of three to two (3-2); and, WHEREAS, during a duly noticed public hearing on October 22, 2007, the City Council opened the hearing, took public testimony, considered pertinent recommendations from the Community Development Director, and referral agencies of the City of Aspen and adopted Ordinance No. 36, Series of 2007, approving with conditions, a planned unit development to legalize the existing non -conforming dimensional requirements and an amendment to the official zone district map; and, WHEREAS, the City Council finds that the development proposal meets many of the applicable development standards and where the standards are varied, that the approval of the development proposal, with conditions, is consistent with the goals and elements of the Aspen Area Community Plan; and, WHEREAS, the City Council finds that this ordinance furthers and is necessary for the promotion of public health, safety, and welfare. NOW, THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO AS FOLLOWS: Section 1: Plat and Agreement The Applicant shall record a PUD agreement that meets the requirements of Land Use Code Chapter 26.445.070 (C) PUD Agreement, within 180 days of approval if City Council provides final approval of the PUD request. Section 2: Zoning Man Page 2of5 The Community Development Director shall cause an amendment to the City of Aspen Official Zone District Map to reflect a Planned Unit Development (PUD) overlay on the property descnbed as 555 east Durant Street, Lots A,B,C,D,E,F,G,H, and I, Block 97, City and Townsite of Aspen, Pitkin County, Colorado Section 3: Dimensional Calculations Dimensional calculations of this PUD shall be as follows as presented by the applicant to the Planning and Zoning Commission for the July 171' public hearing and City Council October 22"d public hearing: TOTAL FLOOR AREA EXISTING FLOOR AREA OVERALL FLOOR AREA APPROVED THROUGH THIS ORDINANCE TOTAL FLOOR AREA 82,306 83,739 TOTAL F.A.R. 3:1 3.0029:1 TOTAL PERMITTED F.A.R. 3:0029:1 COMMERCIAL FLOOR EXISTING FLOOR AREA COMMERCIAL FLOOR AREA AREA APPROVED THROUGH THIS ORDINANCE TOTAL FLOOR AREA 21,154 22,924 TOTAL F.A.R. .76:1 .82:1 TOTAL PERMITTED F.A.R .82:1 RESIDENTIAL FLOOR EXISTING FLOOR AREA RESIDENTIAL FLOOR AREA AREA APPROVED THROUGH THIS ORDINANCE TOTAL FLOOR AREA, 60,762 60,815 TOTAL F.A.R. 2.17:1 2.18:1 TOTAL PERMITTED F.A.R. 2.18:1 As approved by the City Council at the October 22"d meeting, an administrative PUD Amendment can be granted by the Community Development Department to accommodate a difference in the floor area between the land use submission calculation and the building permit submission calculation as long as no changes to the building are proposed from the land use approval to the building permit application. Section 4:Conditions Pursuant to the procedures and standards set forth in Title 26 of the Aspen Municipal Code, North of Nell Condominiums, parcel identification of 2737-182-49051, the Aspen Planning Page 3 of 5 and Zoning Commission recommends approval of the proposed Planned Unit Development, subject to the following conditions: 1. Prior to final approval, the applicant will provide a PUD plat that reflects actual floor area and ratio as calculated according to the Aspen Land Use Code. 2. A PUD Agreement and Amended PUD Plan shall be recorded within 180 days of the final approval by City Council and shall include the information required to be included in a PUD Agreement, pursuant to Section 26.445.070(C), 3. Prior to issuance of any building permit for any improvement to the building, the applicant shall submit building elevations and design details showing the design as approved by the North of Nell Condominium Association. The design shall be approved by the Community Development Director. Building permit applications shall conform to the approved design. 4. The applicant shall file a Notice of PUD in the Clerk and Recorders office of Pitkin County subsequent to receipt of a development order, or prior to issuance of a building permit. 5. As conditioned by City Council at the October 22, 2007 public hearing, both saw tooth roofs (upper and lower) shall be maintained and no protrusions through the sawtooth roofs with the exception of chimneys and mechanical devices shall occur. Section 5• All material representations and commitments made by the applicant pursuant to this application, whether in public hearings or documentation presented before the Planning and Zoning Commission or City Council, are hereby incorporated in such plan approvals and the same shall be complied with as if fully set forth herein, unless amended by an authorized entity. Section 6• This Ordinance shall not effect any existing litigation and shall not operate as an abatement of any action or proceeding now pending under or by virtue of the ordinances repealed or amended as herein provided, and the same shall be conducted and concluded under such prior ordinances. Section 7• If any section, subsection, sentence, clause, phrase, or portion of this ordinance is for any reason held invalid or unconstitutional in a court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and shall not affect the validity of the remaining portions thereof. INTRODUCED, READ AND ORDERED PUBLISHED as provided by law, by the City Council of the City of Aspen on the 270' day of August, 2007. Page 4 of 5 Attest: 'Kathryn S. h, City Clerk Michael C. Ireland, Mayor FINALLY, adopted, passed and approved this 22"d day of October, 2007. Attest: / eww Kathryn S; och, ity Clerk Michael C. Ire d,Mayor' Approved as to form: Page 5of5 ATACHMENT SUBDIVISION/PUD AGREEMENT FOR THE NORTH OF NELL CONDOMINIUMS Parcel No. 2737-182-49051 T141S AGREEMENT is made this day of &V " , 2008 between THE NORTH OF NELL CONDOMINIUM ASSOCIATION (hereinafter "Owner") and THE CITY OF ASPEN, a municipal corporation (hereinafter the "City"). WHEREAS, Owner owns or represents the owner of the property located at 555 East Durant Street which is legally described as Lots A,B,C,D,E,F,G,H, and 1, Block 97, City of Townsite of Aspen, Pitkin County, Colorado, and which plat was recorded on 0 Ak , IMffin Book _ff at Page fal as Reception No. TQ q4VL of the Pitkin County Clerk and Recorder (hereinafter "the Property"); and WHEREAS, the Community Development Department received an application from the Owner, represented by Davis Horn Incorporated, requesting approval for a Planned Unit Development to legalize the existing non -conforming dimensional standards with conditions; WHEREAS, upon review of the application, referral comments, and the applicable Land Use Code standards, the Community Development Department recommends approval of the Planned Unit Development of the Planned Unit Development for the North of Nell Condominiums with conditions; and WHEREAS, the Planning and Zoning Commission did not meet due to lack of a quorum on June 5, 2007 and upon recommendation of the Community Development Department, continued the public hearing to July 17, 2007; and WHEREAS, upon further review of the application at the July 17, 2007 continuance the Planning and Zoning Commission considered the development proposal under the applicable provisions of the Municipal Code as identified herein, reviewed and considered the recommendation of the Community Development Director, and took and considered the public comment at a duty noticed public hearing; and WHEREAS, on July 17", 2007 via Resolution No. 19 (Series of 2007), the City of Aspen Planning Commission considered and discussed the application and found that the development proposal meets all applicable development standards and that the approvals and recommendation of approval of the land use requests were consistent with the goals and objectives of the Aspen Area Community Plan; and WHEREAS, the City of Aspen Planning and Commission recommends city council approve the Planned Unit Development and Amendment to the Official Zone District Map, by a vote of three to two (3-2); and WHEREAS, during a duly noticed public hearing on October 22, 2007, the City of Aspen City Council (hereinafter "the Council") opened the hearing, took public testimony, considered pertinent recommendations from the Community Development Director, an the City of Aspen and adopted Ordinance No. 36, Series of 2007, approving RECEPTION#: 563447, 10/08/2008 at r Ub 21 1008 11:52:13 AM, 1 OF 5, R $26.00 Doc Code SUB AGREE CITY OF ASPEN ,Janice K. vos Caudill, Pitkin County, Co COMMUNITY DEVELOPMENT planned unit development to legalize the existing non -conforming dimensional requirements and an amendment to the official zone district map; and WI IEREAS, the Council linds that the development proposal meets many of the applicable development standards and where the standards are varied, that the approval of the development proposal, with conditions, is consistent with the goals and elements of the Aspen Area Community Plan; and WHEREAS, pursuant to the Council's Ordinance No. 36, Series of 2007 ("Ordinance 36"), the Council granted approval with conditions for a Planned Unit Development to legalize the existing non -conforming dimensional standards with conditions for the North of Nell Condominiums (the "Project") and WHEREAS, Owner has submitted to the City for review and approval a PUD plat for the project (hereinafter the "Plat") and the City will review the Plat with regard to compliance with matters described herein; and subject to the provisions of the Municipal Code of the City of Aspen (hereinafter the "Code"), and other applicable rules and regulations; and WHEREAS, the City and the Owner wish to enter into a PUD Agreement for the Project; and WHEREAS, the Owner is willing to enter into such agreement with the City and to provide assurances to the City; and NOW, THEREFORE, in consideration of the mutual covenants contained herein, and the review of the Plat by the City, and in accordance with Ordinance 36, Series of 2007, it is agreed as follows: 1. Description of Project. The North of Nell Condominium Association is remodeling the building fagade and roof on all four sides. The remodel on the south side of the building will provide a new entry to the North of Nell by providing a pedestrian link between Dean Street and the North of Nell Condominiums. The City approved the redevelopment of Dean Street in conjunction with the Residences at Little Nell. The approvals of that adjacent project allowed the elevation of Dean Street to be lowered by approximately three feet. Consequently, the south wall of the North of Nell will be more exposed and therefore this action by the adjacent property's developer will increases the floor area at the North of Nell. The PUD Agreement establishes the dimensional requirements for the project as approved through the PUD review process. 2 Approved Development via PUD Plat and PUD Agreement. The approved remodel oil' the North of Nell Condominiums is represented in the North of Nell PUD plat and within this PUD AUreement. The Owner shall record a final PUD Plat/Plan that meets the requirements of the Land Use Code and this Agreement within 180 days of approval. RECEIVED CITY OF ASPEN COMMUNITY DEVELOPMENT 3. Dimensional Calculations. Dimensional calculations were approved through Ordinance 36 Series of 2007, but were then revised through an Insubstantial PUD Amendment approved by Jennifer Phelan on June 5, 2008. The following reflects the final approved dimensional calculations for the North of Nell Condominiums PUD. NORTH OF NELL PUD REVISED DIMENSIONAL CALCULTIONS OVERALL FLOOR REVISED FLOOR AREA AREA APPROVED APPROVED THROUGH THROUGH INSUBSTANTIAL PUD TOTAL FLOOR AREA ORDINANCE #36 AMENDMENT 6/05/08 Total Floor Area 84,739 sq.ft. 84,524 sq. ft. Total F.A.R. 3.0029:1 3.03:1 Total Permitted F.A.R. NA 3.03:1 COMMERCIAL FLOOR AREA Total Area 22,924 sq. ft. 23,539 sq. ft. Total F.A.R. .82:1 .83:1 RESIDENTIAL FLOOR AREA Total Area Total F.A.R. 60,815 sq.ft. 2.18:1 61,652 sq. ft. 2.21:1 Source: Davis Horn Incorporated, Wedum and Associates & City of Aspen Community Development Department: June, 2008 4. Conditions. The North of Nell PUD approval is subject to the following conditions; a) Prior to final approval, the applicant will provide a PUD plat that reflects actual floor area and ratio as calculated according to the Aspen Land Use Code. b) This PUD Agreement and Amended PUD Plan shall be recorded within 180 days of the final approval by City council and shall include the information required to be included in a PUD Agreement, pursuant to Section 26.445.070(C). c) Prior to issuance of any building permit for any improvement to the building, the applicant shall submit building elevations and design details showi����[� approved by the North of Nei I Condominium Association. The desigTi'1"h'd'I d 3 AUb e l ZQ08 CITY OF ASPEN COMMUNITY DEVELOPMENT by the Community Development Director. Building permit applications shall conform to the approved design. d) The Owner shall file a Notice of PUD in the Clerk and Recorder's office ofPitkin County subsequent to receipt of a development order, or prior to issuance of a building permit. c) As conditioned by City Council at the October 22,2007 public hearing, both saw tooth roofs (upper and lower) shall be maintained and no protrusions through the sawtooth roots with the exception of chimneys and mechanical devices shall occur. Notices. Notices to the parties shall be sent by United States certified mail to the addresses set forth below or to any other address which the parties may substitute in writing. To the Owner: North of Nell Condominium Association 555 Durant Avenue Aspen, CO. 81611 With Copies to: Glenn Horn Davis Horn Incorporated 215 South Monarch Street , Suite 104 Aspen, Co. 81611 To City of Aspen: City Manager 130 South Galena Street Aspen, Co. 81611 With a Copy to: City Attorney 130 South Galena Street Aspen, Co. 81611 5. Binding Effect. The provision of this agreement shall run with and constitute a burden on the land on which the Project is located and shall be binding on and inure to the benelit of the Owner's and the City's successors, personal representatives and assigns. 6. Amendment. The Agreement may be altered or amended only by written instrument executed by the parties. RECEIVED 7. Severability. If any of the provisions of this Agreement are determined to be invalid. it shall not affect the remaining provisions hereof. fAuo ;;; 1 LUUtl CITY OF ASPEN COMMUNITY DEVELOPMENT ATTEST: Tl lE CITY OF ASPEN, a municipal corporation Kathryn S. Koch, ity Jerk J C Michael C. Ireland, Mayor APPROVED AS TO FORM: John Worcester, City Attorney OWNER: Nort f Nell ondom' ium ssociatio STATE OF J D )ss. COUNTY OF The foregoing Agreement was acknowledged before me this 14/ day of 2008 by n/ a , President of the North of Nell Homeo ners Association WITNESS my hand and official seal. My commission expires: Notary Public RECEIVED AUU �e t LU08 CHRIS QbTkQ5 AS N NoWMMU►�& ENT SOUTH DAKOTA BEAL ♦4 + L-tpxcy FIZ7 f ZDt3 ATTACHMENT 8 !Z44Ct--`at aspen mountain June 23, 2019 Jennifer Phelan AICP City of Aspen Community Development Department 130 South Galena Street Aspen, Colorado 81611 RE: North of Nell Condominium Units 3K & 4K Dear Jennifer: I am the Manager of the North of Nell Condominiums which is located at the base of Aspen Mountain immediately adjacent to the gondola. The North of Nell is located within the Commercial Lodge zone district and is operated as a tourist accommodations facility with commercial uses on the ground floor. The North of Nell has been operated as a tourist accommodations facility since it was developed in 1968. I have managed the North of Nell Condominiums since 1994 and am onsite five to six days a week. Condominium units 3K and 4K have been rented exclusively as tourist accommodations and have not been occupied by full time residents while I have managed the North of Nell. I have spoken with Don Helmich and Charlie Hopton who managed the North of Nell prior to me. Don and Charlie assured me that units 3K and 4K were never occupied on a long term basis during basis while they managed the North of Nell. Additionally, as indicated in Charlie's letter, the owners of units 3K and 4K had their units in the short term rental program prior to him taking over management of the North of Nell. Vance Grenko managed the North of Nell from 1968 until 1980. Unfortunately, Vance has passed away, however my North of Nell records do not indicate that units 3K and 4K were occupied on a long term basis when Vance managed the facility. You may reach at 925 1510 or joe@northofnell.comat if you have any questions regarding units 3K and 4K. Sincerely, North of Nell Condominiums Joseph Raczak, Manager 555 East Durant St. Aspen, CO 8161 1 970.925.1510 970.925 1550 : f 800.48 1.15 10 www. northofne!I.com 0 0 ATTACHMENT 9- Charles Hopton 149 East Lupine Drive Aspen, Colorado 81611 June 23, 2019 Jennifer Phelan AICP City of Aspen Community Development Department 130 South Galena Street Aspen, Colorado 81611 RE: North of Nell Condominium Units 3K & 4K Dear Jennifer: I managed the North of Nell Condominiums from 1980 until 1986. Condominium units 3K and 4K were rented exclusively as tourist accommodations and were not occupied by full time residents while I managed the North of Nell. When I took over management of the North of Nell 3K was owned by the Greggs and 4K was owned by the Farvers. Both families had their units in the short term rental program and continued to do so while I managed the building. You may call me at 319-7900 or send me an email at hoptonkkazakh.com if you have any questions regarding units 3K and 4K. Sincerely, /J-\ Charles Hopton 0 OrTACHMENT 10 June 20, 2019 Donald Helmick 4006 County RoadY 115 Glenwood springs, CO 81601 Jennifer Phelan AICP City of Aspen Community Development Department 130 South Galena Street Aspen, Colorado 81611 RE: North of Nell Condominium Units 3K & 4K Dear Jennifer: I managed the North of Nell Condominiums from 1986 until 1994. Condominium units 3K and 4K were rented exclusively as tourist accommodations and were not occupied by full time residents while I managed the North of Nell. You may reach me via email at dlhelznich(sooris.net if you have any questions regarding units 3K and 4K. Sincerely, Donald Helmich 0 stewart title Real partners. Real possibilities.' ATTACHMENT 11 WRITTEN OWNERSHIP AND ENCUMBRANCE REPORT File No.: 463305 Date: June 24, 2019 Customer Reference: 555 E Durant Avenue, Unit 4K, Aspen, CO 81611 Legal Description: Condominium Unit 4-K, NORTH OF NELL CONDOMINIUMS, according to the Condominium Map thereof recorded December 3, 1968 in Plat Book 3 at Page 329 as Reception No. 133194, and as defined and described in the Condominium Declaration for the North of Nell Condominiums recorded December 3, 1968 in Book 237 at Page 674 as Reception No. 133195 and Supplement recorded May 15, 1969 in Book 241 at Page 97 as Reception No. 135404 and Second Supplement recorded October 22, 2009 as Reception No. 563856. COUNTY OF PITKIN, STATE OF COLORADO Apparent Owner of Record: Daniel Zeff Deeds of Trust, Mortgages and Liens which purport to affect the above described property, as disclosed by the records of the Clerk and Recorder of Pitkin County, Colorado, through the effective date of June 13, 2019: A Deed of Trust executed by Daniel Zeff, to the Public Trustee, to secure an indebtedness of $368,000.00 in favor of Goldwater Bank recorded November 6, 2012, as Reception No. 593742. NOTE: Assignment of Deed of Trust recorded December 10, 2012, as Reception No. 594641 A Deed of Trust executed by Daniel Zeff, to the Public Trustee, to secure an indebtedness of $368,000.00 in favor of Goldwater Bank NA recorded December 27, 2012, as Reception No. 595397. (Rerecord of Deed of Trust recorded as Reception No. 593742) Mortgage from Daniel Zeff and Daniel Alden Zeff in favor of Lincoln Savings Bank, in the amount of $1,250,000.00, recorded December 13, 2016 as Reception No. 634595. Warranty Deed recorded January 31, 2000, as Reception No. 440015 The liability of Stewart Title Company, its affiliates and associates, for any errors or omissions affecting or relating to the information appearing in this report is strictly limited to the amount paid for this report. The aforementioned liability is limited to the customer who ordered this report. There are no expressed or implied warranties assuring or representing that this report is reliable for title information, and therefore, should be verified by a Commitment for Title Insurance. No representation is made as to the completeness, validity, or legal sufficiency of the documents referenced herein, nor have any of such documents been examined to determine whether or not there are any exceptions, reservations, encumbrances or other matters which might be detrimental to Title. No search has been made for any reservations, restrictions, covenants, easements, rights of way, mineral interests, water rights, and any other encumbrances which are not a deed of trust, mortgage or lien. Stewart Title Company File No.: 463305 Page 1 of 2 0 0 ATTACHMENT 11 stewart title Real partners. Real possibilities` WRITTEN OWNERSHIP AND ENCUMBRANCE REPORT File No.: 463281 Date: June 24, 2019 Customer Reference: 555 E Durant Avenue, Unit 3K, Aspen, CO 81611 Legal Description: Condominium Unit 3-K, NORTH OF NELL CONDOMINIUMS, according to the Condominium Map thereof recorded December 3, 1968 in Plat Book 3 at Page 329 as Reception No. 133194, and as defined and described in the Condominium Declaration for the North of Nell Condominiums recorded December 3, 1968 in Book 237 at Page 674 as Reception No. 133195 and Supplement recorded May 15, 1969 in Book 241 at Page 97 as Reception No. 135404 and Second Supplement recorded October 22, 2009 as Reception No. 563856. COUNTY OF PITKIN, STATE OF COLORADO Apparent Owner of Record: Daniel A. Zeff Deeds of Trust, Mortgages and Liens which purport to affect the above described property, as disclosed by the records of the Clerk and Recorder of Pitkin County, Colorado, through the effective date of June 13, 2019: A Deed of Trust executed by Daniel A. Zeff, Daniel Zeff and Robert Zeff, to the Public Trustee, to secure an indebtedness of $820,000.00 in favor of Lincoln Savings Bank recorded December 15, 2014, as Reception No. 616033. NOTE: Said Deed of Trust was modified as Receotion No. 634594. Warranty Deed recorded September 21, 2004, as Reception No. 502204. Warranty Deed recorded September 21, 2004, as Reception No. 502202. The liability of Stewart Title Company, its affiliates and associates, for any errors or omissions affecting or relating to the information appearing in this report is strictly limited to the amount paid for this report. The aforementioned liability is limited to the customer who ordered this report. There are no expressed or implied warranties assuring or representing that this report is reliable for title information, and therefore, should be verified by a Commitment for Title Insurance. No representation is made as to the completeness, validity, or legal sufficiency of the documents referenced herein, nor have any of such documents been examined to determine whether or not there are any exceptions, reservations, encumbrances or other matters which might be detrimental to Title. No search has been made for any reservations, restrictions, covenants, easements, rights of way, mineral interests, water rights, and any other encumbrances which are not a deed of trust, mortgage or lien. Stewart Title Company Kurt Beereboom Authorized Representative File No.: 463281 Page 1 of 2 ATTACHMENT 12 Agreement to Pay Application Fees An agreement between the City of Aspen ("City") and 5 5 5-r �� r� r` r V r� 1 r5 �,+�{ i-� Please type or print in all caps Address of Property Property Owner Name- .n 2 F Representative Name (�t d�Herent from Property owner) Billing Name Name and Address - Send Bills to: TOE di�.�Z�('C� NU/T"ciF NQ(f SS 5" D,rv/�'t~ Contact info for billing: e-mail: 1\/ A Phone: -!I-10 '" 1:571 -2- 5 — 1513 I understand that the City has adopted, via Ordinance No. 30, Series of 2017, review fees for Land Use applications and payment of these fees is a condition precedent to determining application completeness. I understand that as the property owner that I am responsible for paying all fees for this development application. For flat fees and referral fees: I agree to pay the following fees for the services indicated. I understand that these flat fees are non-refundable. $, at fee for $. flat fee for $. flat fee for $. flat fee for For Deposit cases only: The City and I understand that because of the size, nature or scope of the proposed project, it is not possible at this time to know the full extent or total costs involved in processing the application. I understand that additional costs over and above the deposit may accrue. 1 understand and agree that it is Impracticable for City staff to complete processing, review and presentation of sufficient Information to enable legally required findings to be made for project consideration, unless invoices are paid in full. The City and I understand and agree that invoices mailed by the City to the above listed billing address and not returned to the City shall be considered by the City as being received by me. I agree to remit payment within 30 days of presentation of an invoice by the City for such services. I have read, understood, and agree to the Land Use Review Fee Policy including consequences for no -payment. I agree to pay the following initial deposit amounts for the specified hours of staff time. I understand that payment of a deposit does not render and application complete or compliant with approval criteria. If actual recorded costs exceed the initial deposit, I agree to pay additional monthly billings to the City to reimburse the City for the processing of my application at the hourly rates hereinafter stated. $ eCD-LJP deposit for hours of Community Development Department staff time. Additional time above the deposit amount will be billed at $325.00 per hour. $ ' v r ' deposit for V 1 7 —hours of Engineering Department staff time. Additional time above the deposit amount will be billed at $325.00 per hour City of Aspen: Jessica Garrow, AICP Community Development Director City Use: Fees Due: $ Received $ Case # Signature: PRINT Name: Title: ►'le- i November 2017 City of Aspen 1 130 S. Galena St. 1 (970) 920 S090 • ATTACH NOT 13 Homeowner Association Compliance Policy All land use applications within the City of Aspen are required to include a Homeowner Association Compliance Form (this form) certifying the scope of work included in the land use application complies with all applicable covenants and homeowner association policies. The certification must be signed by the_Prooerty owner or Attorney representing the property owner. Name: Property l�u �� Cf. Owner ("I"Y Email: Phone No.: x c Address of Property: (subject of application), I certify as follows: (pick one) ❑ This property is not subject to a homeowners association or other form of private covenant. ❑ This property is subject to a homeowners association or private covenant and the improvements proposed in this land use application do not require approval by the homeowners association or covenant beneficiary. X ' This is subject to a homeowners association or private covenant and the improvements property J proposed in this land use application have been approved by the homeowners association or covenant beneficiary. I understand this policy and I understand the City of Aspen does not interpret, enforce, or manage the applicability, meaning or effect of private covenants or homeowner association rules or bylaws. I understand that this document is a public document. Owner signature: date: xL % / Owner printed name: A ki t e J z �.. or, Attorney signature: Attorney printed name: date: *ACHMENT 14 LAND USE APPLICATION Project Name and Address: � S G- r� ✓` T N �r� �� ( �„-,� -Z t Parcel ID # (REQUIRED) 2—J i?Z— y6( —`.) I APPLICANT: Name: -��� R—( �� F F �5 S r�1 /'rv� 1--i IC_ t\J Ny Address: llu I Phone #: I I (� �� �'�� email: n, e\ 'ZQ 'Fir ms \1(.1.1ou L� REPRESENTIVATIVE: Name: &I I s %J.-f, -T-- r,,t . Address: 2 l �� �'� 0/.," (^ � /�� T - L ug /�� /sr\ C— l �S � [� 1 Phone#: G Z 5' S email: H,3 (/� �J iJ Description: Existing and Proposed Conditions Review: Administrative or Board Review Required Land Use Review(s): Growth Management Quota System (GMQS) required fields: Net Leasable square footage Lodge Pillows Free Market dwelling units Affordable Housing dwelling units Essential Public Facility square footage Have included the following? FEES DUE: $ Conference Summary &e-Application ed Fee Agreement H��v A Compliance form All items listed in checklist on PreApplication Conference Summary LON *TACHMENT 15 DIMENSIONAL REQUIREMENTS FORM Complete only if required by the PreApplication checklist Project and Location of t�fiy r `"� �"4k Applicant: \ /G. ►'` -e- Zone District: Gi- I fJ Gross Lot Area: Net Lot Area: "Please refer to section 26.575.020 for information on how to calculate Net Lot Area Please fill out all relevant dimensions Single Family and Duplex Residential Multi -family Residential Existing Allowed Proposed 1) Floor Area (square feet) y. 5 T 1) Number of Units 2) Maximum Height 2) Parcel Density (see 26.710.090.C.10) 3) Front Setback 3) FAR (Floor Area Ratio) 4) Rear Setback 4) Floor Area (square feet) 5) Side Setbacks 4) Maximum Height 6) Combined Side Setbacks 5) Front Setback 7) % Site Coverage 6) Rear Setback 8) Minimum distance between buildings 7) Side Setbacks Proposed % of demolition Proposed % of demolition Commercial Proposed Uses 1) FAR (Floor Area Ratio) 2) Floor Area (square feet) 3) Maximum Height 4) Off -Street Parking Spaces 5) Second Tier (square feet) 6) Pedestrian Amenity (square feet) Proposed %of demolition Existing Allowed Proposed Lodge I C _;� , %&^-e f ` & - \ %-^ _ Additional Use(s) Existing Allowed Proposed Existing Allowed Proposed 1) FAR (Floor Area Ratio) -Z . ZI ' I ? -,2,1 ( -!y ,Zf • i 2) Floor Area (square feet) S4 3) Maximum Height2�Crj i J it 3K i 3 '�5 S 4) Free Market Resi (square feet) L t r D Z 4) Front setback U r� 5) Rear setback G 6) Side setbacks 7) Off -Street Parking Spaces G. I (I, 1 I 8) Pedestrian Amenity (square feet) v v Proposed % of demolition �� tw l t T'1 ca -• Existing non -conformities or encroachments: Variations requested: V November 2017 City of Aspen 1 130 S. Galena St. 1 (970) 920 5090