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HomeMy WebLinkAboutLanduse Case.AP.530 S Galena St.A072-96 DATE RECEIVED: DATE COMPLETE: PARCELID# CASEL~SUMMARY SHEET. CITY OF ~N , 10/15/96 CASE# A72-96 STAFF: Kim JOhnsOD 2737-182-73-071 PROJECT NAME: Tipple Lodge Insubstantial Amend to a Condo Agreement Project Address: Unit No. 14 Tipple Lodge, 530 S. Galena APPUCANT: Mary 1. Faulkner AddresslPhone: 530 S. Galena #14, Aspen, Co. 81611 REPRESENTATIVE: Wright & Adger AddresslPhone: 201 N. Mill St. Suite 106, Aspen, 81611 925-5625 RESPONSffiLE PARTY: Representative Other Name! Address: FEES DUE PLANNING ENGINEER HOUSING ENV HEALTH CLERK TOTAL $450 $0 $0 $0 $0 $450, FEES RECEIVED PLANNING $450, ENGINEER $ HOUSING $ ENV HEALTH $ CLERK $ TOTALRCVD $450, TYPE OF APPUCATION Staff Approval # APPS RECEIVED 1 # PLATS RECEIVED GIS DISK RECEIVED: Revien Bod) .\ leeting Date Puhlic Hearing '? P&Z Yes No CC Yes No CC (2nd reading) Yes No REFERRALS: D City Attorney D City Engineer D Zoning D Housing D Environmental Health D Parks DATE REFERRED: D Aspen Fire Marshal D City Water D City Electric D Clean Air Board D Open Space Board D Other: D CDOT D ACSD D Holy Cross Electric D Rocky Mtn Natural Gas D Aspen School District D Other: INITIALS: DATE DUE: APPROVAL: OrdiJ;t olution # taff Approval Plat Recorded: Date: Date: Book /0;;0 ~'1(P ( , age CLOSED1FTI-ED ROUTE TO: DATE: ~ INITIALS: W)f .~ r-". MEMORANDUM TO: Stan Clauson, Community Development Director FROM: Kim Johnson, Planner RE: Tipple Lodge Insubstantial Amendment to Condominiumization Agreement DATE: October 10, 1996 SUMMARY: The applicant is seeking to amend a 1979 subdivision exemption agreement which was recorded for the condominiumization of the Tipple Lodge, The agreement stipulated that the ten lodge units would be short-term rentals, The requested change is that one of the units be rented to a working resident of Pitkin County for a one year period, Staff recommends approval of this request because of its finite nature, and the fact that the agreement was made when the short-term lodging situation was very different than today, Application information is attached, APPLICANT: Mary L Faulkner LOCATION: Unit No, 14 Tipple Lodge, 530 S, Galena ZONING: L/TR BACKGROUND: The parcel contains two studio apartments and ten lodge units (sleepinglliving area and bath) of approximately 350 s,f, each, When the property was condominiumized in 1979, the applicant adressed the requirement of City Council to retain L-2 (now L/TR) zone lodge units in the short-term lodging pool, They included in the subdivision exemption agreement a condition that the ten units would "be made available for short-term rental at market rates and shall be registered with a central reservations entity in Pitkin County," STAFF COMMENTS: During the past several years there has been shifts in the short- term lodging market There have been some loss of small lodge accommodations, but the Ritz Carlton has brought over 200 rooms on line, According to some small lodge owners, the rental of private dwellings has increased substantially also, The request of this applicant does not alter the principal goal of the original approval to retain the charater and function of the Tipple lodge, Staff confirmed with representative Gary Wright that cooking will be limited to a microwave oven, bar refridgerator and small sink so as not to create a full fledged kitchen per code definition, ~ r-"". Given the self-imposed one year limit for this request, staff supports the proposal with the following conditions: 1, Unit 14 of the Tipple Lodge may be occupied by a full-time worker within Pitkin County for a period of not more than 365 consecutive days commencing on the date of approval by the Community Development Director. 2, Cooking within the unit shall be restricted to a microwave oven and small dormitory style refridgerator. 3, If the applicant seeks to extend the duration of this approval, or expand the number oflong-term units, the applicant must apply to the City Council for a substantial amendment to the 1979 subdivision exemption agreement The applicant is hereby notified that adequate time must be allowed to process the request and schedule appropriate Council meetings, I approve the request for an insubstantial amendment to the Tipple Lodge subdivision exemption agreement subject to the three conditions stated i~,6e~o, . NQ~eD Ocr 1. ~ 0 1996 Stan Clauson, Community Development Direc iDEVELOPM CITY OF ASp::rDIREcrOF/ \0 ()~~ lq~~ Date 2 ,'-"". r-"'. WRIGHT & ADGER LAW PARTNERSHIP 201 NORTH MILL STREET, SUITE 10 ASPEN, COLORAOO 81611 ASPEN TELEPHONE: 303-925-562 BASALT TELEPHONE: 303-927-90 FACSIMILE: 303-925-5663 IR It Ci!JilK~~~ ~ u ~~' ocr 0 3 fSi16 >:,',":"" ;/"<~ ':"1..1.1 GARY A. WRIGHT, P.C. ALLEN H. ADGER, P.C."* 2 October 1996 OF COUNSEL: -----_____ PHILJPJ. Q'CONNELL** ---.,..- .. ALSO ADMITTED TO TEXAS AND LOUISIANA BAR **ALSO ADMITTED TO FLORIDA BAR Stan Clauson, Director Community Development 130 South Galena Street Aspen, Colorado 81611 hand delivered Re: ReCiuest for Insubstantial Amendment to Development Order Dear Stan: I am writing to request your approval as Community Development Director for a one year modification to the Subdivision Exemption Agreement entered into by the Tipple Lodge with the City of Aspen on 23 October 1979, I have reviewed the Aspen Municipal Code, Section 26,88,060, Although not exactly on point, this Municipal Code section seems to be the most applicable, The request is for a one year variance for one condominium lodge unit from the requirement of page 2, number 2(a) "the ten lodge unit shall be made available for short term rental at market rates and shall be registered with a central reservations entity in Pitkin County, Colorado". The technical change would be, for one year only, to allow one of the ten condominium lodge units to be leased as a long-term rental to an individual who would use the unit as his home and who is employed seasonally full-time in Pitkin County, Due to the short term of the request and the fact that it will only involve ten percent of the total condominium lodge units at the Tipple Lodge, I believe that this qualifies as insubstantial, Further, it is important to recognize that this Subdivision Exemption Agreement was entered into almost 20 years ago and the character of the neighborhood as well as the availability of lodge and hotel rooms in the area is radically changed, The applicant understands that this approval would be for a one year period only and if the applicant d~sires to offer condominium lodge rooms for long-term rental in the future, appropriate approvals wiUne?4 to.he:ootainoo frQrn the Citycf Aspen. If YO,uhave 'any.additiop~lquestionsor require additional information please contact me, . . Sincerely, WRIGHT & ADGER, LLP ~'!. By: ry 1. Wrig: GAW:sc IGAW\CLAUSON.OOl / ~'- '., ( '< ,- " ~ ! ' ~ SUBDIVISION EXEMPTION AGREEMENT 1. Parties. The parties to this agreement are The Tipple Lodge, a joint venture ("the OWner") and the City of Aspen, Colorado, a municipal corporation (.~~e City.). 2. Recitations. The OWner holds fee title to the following described p:t:operty ("the subject property.) in ~~e City of Aspen, Pitkin County, Colorado: Lot 2, Tipple Woods Subdivision,. according to the recorded plat for Tipple Woods Subdivision recorded as Doc~~entNo. 107798 in Ditch Book 2A at Page 250 of the 'records of Pitkin County, Colorado. The subject property is improved with a three-story building containing two studio apartments, ten bed- and bathroom units ("lodge units.), and enclosed area used for interior circulation, lounge, reception room, laundry room, and mechanical and storage purposes. The ~vner desires to condominiurr~ze the building into ten lodge units and two studio units, all of which ma~ be held in separate ownerships, and the remainder into common elements. pUrsuant to Section 20~l9(b)' of the Municipal Code of the City of Aspen, Colorado, the OWner requested that the above descri!:led condominiumization be exempted from, the definition of a subdivision set forth in Section 20-3(s) of the Municipal Code. Concerned that the condomini~~zation J;light reduce the supply of short-term housing in the L-2 zone district of the City of Aspen by virtue of lodge condominium :~. ~ unit owners' use of the units as residences and(or withholding the lodqe units from the rental market, the City Council required, as a condition of its approval of the exemption application, that the Owner enter into an agreement with the City restricting the use of the subject property and the condominium units created therefrom as follows. (a) the ten lodge units shall be made available for short-term rental at market rates and shall be registered with a central reservations entity in Pitkin ,County, Colorado; and, ~) no kitchen shall be constructe~ in any of the lodge units without the owner thereof having obtained a building .permit therefor, it being specifically understood that the Growth Management Plan (Article X of the Municipal Code) precludes \~ . the issue of a building perIni t for such construction without the owner obtaining a residential allocation within the terms of the Gro\'lth Management Plan; and, (c) the lodge u."li ts shall have local manage!l:ent which may be different for different units. . 3. ,. Agreement 'and covenant. In consideration of the City's approval of the exemption from subdivision of the said condo- miniumization, the Owner hereby agrees with the City that the provisions of subparagraphs (a) ~ (b) and (c) of the above par- agraph numbered 2 shall encumber the subject property and the condominium units created therefrom, shall run with the land and shall be enforceable against all subsequent owners thereOf, including the Owner, its joint venturers, its successors and -2- ~ ,.-., / [ and assigns. Should the subject property not be condominiumized. and conveyed as such, this agreement shall be null and void and l the subject property may be conveyed free and clear of any restrictions imposed by this agreement, but subject to all applicable laws and ordinances in force on the date of the conveyance. 4. Subdivision exemption. The City, in consideration of this agreement, exempts the condominiumization described herein from the definition of subdivision,' such that condominiumization may occur without further action or approval by the City. ( 5. Perpetuities. The covenants contained herein are to run with the land and shall be binding on all parties and all " persons claiming under them for a period of twenty (20) years from the date these covenants are recorded, after which time, the covenants, as contained in paragraph three (3), shall be 'automatically extended for successive periods of ten (lO) years, unless an instrument signed by the record owners of th~ property and the Mayor of the City of Aspen pursuant to a vote taken by the City Council has been recorded which changes . said covenants, in whole or in part, or whi~_r~,leases the same. .~ IN WITNESS WHEREOF, the parties, h,ave executed this _agreement in .iI.spen, Colorado, thi:s c?5 ' day o'f ~..t:;::kAJ , 1979. ______0__ _ -=-3- --------- . . ~ .~ .--, THE CITY OF ASPEN, COLORADO, I a municipal corporation, ,. ,( ~#.t ayor ATTEST: " , &Cf.*i~ ) :L!/{eL . City C rk ' by . (MUNICIPAL SEAL) THE TIPPLE LODGE, a joint venture, . Uw i ~k"fW) tI'v,~ Joint venturer S~TE OF COLORADO ) COUNTY OF PITKIN ) ss. . , . . ~eZ~ V ;t;.",,////L'~ ---7I'ttif. venturer \ The foregoing instrument was acknowledged before me by Herman Edel and Kathryn S.' Koch, mayor and city clerk, 'respectively, of the City of ~spen, COlorado, for the City of Aspen, thisl~ day of ()''fD,br:.V- , 1979. Witness my hand and offic~~lseal. . My commission expires: Cc:etk/-'9, /18;:;" , ~t/&j' 5AVmi~?G) ., ota Public , . . (NOTARIAL SEAL) STATE OF C?~. ORADO ) COUNTY OF ~~ ) ss. . , ~e, foregoing instrument was acknowledged before J911A:'~.,.",t;a.~l!'ner, )oint, .'fenturer of....:r'he Tij?p1e Lodge, j~i.Z).t;-:v~tw;e, 'thu . / 'lid day of' Uti! :r-A-t<€/I J :' "":", ~f.1;ti:~s~..my han~officia1 seal. f~:'" :.':MY;i.~~s:sion expires:~-/1f.3 . /} \ ~~.~,~~~~) .' , , , , . ~0 ,j-;" (:./)1< ....... c ,..;oi'l'.'::;'::~t::-..~ \;' ; . Notary Public .... ".f.)~4'.~~1':-. \ .l ~~ .. .:).;...~t~...I' '; ./' STA'l'E;'OF':'COLORADO couNTy' 'OFJJ. '..-.'I . .,.,r..vu~ " , me by for the , 1979 . tJ_ , ) ) ss. The foregoing instrument was acknmdedged before me by Ma.:Y ,:i::>-.}faulkner, )oinJ; venturer of f); Tipl?le Lo.dge~ for the j~:",:v.e!:l~ure, thu / ./t:r"-day of '. .. ,Lti-iLR.x- ' , . " , 1979. )~'~.~;;,'~ttri'ess mv hand and official'seal. .....~:::..::",.MN.:.C:8rnmission expires:.;2-/ ,/ f::> tL-". . . & . .... -. .... ,- ...;J k. . I /J_ l<').~NOO'A.Ri:AL\~;EAL) . '.....; Ir,. ~ : ,,: '.~:;~ ):. . =... :'~ ; .:. .'~' t ubI' : :', .,,; ,.,":-.."';',,' No ary P ~c ::-a ~" .;;- .,.~.-:::~'.' 'r~": . . ".'~,., .~:'-;:~''':--06 .. ~ . \;~:~~i@~i~'~f~.:/' ..' ......;...