Loading...
HomeMy WebLinkAboutcoa.lu.co.810 Cooper ave.A22-89 ~. ~ ,~ ( CASELOAD SUMMARY SHEET city of Aspen DATE RECEIVED: 3(30/89 DATE COMPLETE: '-\ ,,\ ~'\ PARCEL ID AND CASE NO. 2737-182-28-004 22A-89 STAFF MEMBER: L.e..\ \ . (J PROJECT NAME: COODer Street Grevstone condominium~at/~n Project Address: 810 E. CooDer Avenue Legal Address: Lots M. N & O. Block 111 APPLICANT: Harlan "Buzz" DODkin Applicant Address: REPRESENTATIVE: John LaSalle Representative AddressjPhone:530 East Main street ASDen. CO 81611 5-6633 PAID: YES NO AMOUNT: $780.00 NO. OF J' COPIES RECEIVED: 2 Dlats TYPE OF APPLICATION: 1 STEP: 2 STEP: P&Z Meeting Date PUBLIC HEARING: YES NO VESTED RIGHTS: YES NO CC Meeting Date M",,\~ PUBLIC HEARING: YES <fcJ) VESTED RIGHTS: YES @ Planning Director Approval: Insubstantial Amendment or Exemption: Paid: Date: REF;KRRALS : v, city Attorney v city Engineer Housing Dir. Aspen Water City Electric Envir. Hlth. Aspen Consolo S.D. Mtn. Bell Parks Dept. Holy Cross Fire Marshall Building Inspector Roaring Fork Energy Center School District Rocky Mtn Nat Gas State Hwy Dept(GW) State Hwy Dept(GJ) Other DATE REFERRED: '-11& f~ INITIALS: ~ {. \ FINAL ROUTING: DATE ROUTED: s-/9/?i ___ City Atty ~ city Engineer ~ Zoning ___ Housing Other: FILE STATUS AND LOCATION: q,~) Env. Health INITIAL: LJlk .~ .~. .AReA CoDE 303 FACSIMILE 925-9398 JOHND. LASALLE ATI'ORNEY AT LAw COURTHOUSE PLAzA BUILDING 530 EAST MAIN STREET. FrRsTFLoOR AsPEN. COLORADO 81611 March 30, 1989 AREA CODE503 .~?~"g,~,~c6633" HAND DELIVERED MAR 30 Tom Baker Aspen Pitkin Planning Office Re: Annlication for Exemntion from Subdivision for the Cooner street Grevstone Condominiums Dear Tom: Cindy Hoben suggested that I direct this application to you. I represent Har1en Dopkin who is the owner of a newly constructed duplex located at 810 E. Cooper Avenue in Aspen. Mr. Dopkin desires to condominiumize the duplex into separately saleable condominium units. I enclose two copies of the first page of the condominium plat map prepared by Alpine Surveys which shows the basic footprint of the structure along with the real property limited common elements and the required parking spaces. Also enclosed is a check for $780.00 representing the application fee. You should be aware that each unit contains two full bedrooms, and a third room that could be designated as a bedroom or a den. Each unit also contains a two-car garage so even if you consider them three bedroom units, there are actually four parking spaces for each unit, and thus one more than is required by the code. wi th regard to the requirement that existing tenants be given an option to purchase their unit, and with regard to the requirement that the applicant demonstrate that approval will not reduce the supply of low and moderate income housing, you should be advised that the building is newly constructed and has never been occupied by a tenant. Mr. Dopkin realizes that upon approval from City Council he will have to pay an affordable housing impact fee, and that the units will be subject to a six-month rental restriction. Please do not hesitate to contact me if you have any questions concerning this matter, truly yours, cjtb330.ltr .~. ~ MEMORANDUM FROM: Aspen City Council Robert S. Anderson, Jr., City Manager pe~~ Leslie Lamont, Planning Office ~ Consent Agenda / Greystone Condominiumization TO: THRU: RE: DATE: May 3, 1989 ----------------------------------------------------------------- ----------------------------------------------------------------- SUMMARY: The proposal involves the condominiumization of a newly constructed duplex at 810 East Cooper Avenue. Pursuant to section 7-1008 of the Land Use Code, conversion of an existing development shall be reviewed and approved as a subdivision exemption by the City Council. When this building was constructed a duplex was a permitted use in a RMF zone district without use restrictions. Condominiumization requires restricted leases, notification of existing tenants, and payment of an affordable housing impact fee or the provision of employee housing and a building inspection. APPLICANT: Harlan "Buzz" Dopkin, represented by John LaSalle LOCATION: 810 E Cooper Avenue, lots M, N & 0, Block 111 ZONING: RMF APPLICANT'S REQUEST: Subdivision exemption to condominiumize a newly constructed duplex. REFERRAL COMMENTS: Engineering: In a memo dated April 28, 1989 Elyse Elliott of the Engineering Department had the following comments: 1. Drainage - the applicant must show the Engineering Department that the historic storm runoff will not be altered by this project. Drywells might be necessary if the impervious surfaces have been increased. We will have to approve calculation prepared by an engineer to insure compliance to section 20-17 (f) . 2. Alley - the alley behind the project is presently unpaved. We would recommend that it be paved to reduce dust, improve drainage and improve appearance. It would also keep runoff from the alley from entering the sloping driveways. ~ .,-.., 3. Plat - the plat submitted Department will need to accept prior to recordation. is insufficient. The Engineering a plat drawn to our specifications 4. Trash - A location for the dumpster should be made on-site and be shown in the plat. STAFF COMMENTS: section 7-1008 A. 1. outlines the review standards for the condominiumization of residential units. section 7-1008 A. allows a subdivision exemption for the condominiumization of an existing development. Thus this proposal shall be reviewed as a subdivision exemption. Because this proposal is exempt from subdivision review and is not a development the planning staff believes it is inappropriate to require the applicant to pave the alley. As this new building has not been occupied, it is unnecessary for the applicant to meet the existing tenant notification standard of 1. (a) . Pursuant to standard 1.(b) the applicant shall restrict units to six month minimum leases, with no more than two tenancies per year. This has been acknowledged application. These are new residential units and shall comply with standard 1. (c) payment of an Affordable Housing Impact fee. The fee is determined according to the number of bedrooms per unit. Each unit, proposed for condominiumization, has two bedrooms. The fee has been acknowledged in the application. the two shorter in the Standard 1.(d) requires a building inspection prior to a review for condominiumization. During construction of 810 E. Cooper Avenue, the Building Department frequently made inspections of the development. However a final inspection, one necessary to receive a Certificate of Occupancy, has not yet been conducted. RECOMMENDATION: consent to a conditions: The Planning Office recommends that Council recommendation of approval with the following 1. Prior to issuance of a C.O., the applicant must demonstrate to the Engineering Department that the historic storm runoff will not be altered by this proj ect. The Department shall approve calculations prepared by an engineer to insure compliance with Section 20-17 (f). 2. Prior to the sale of either unit, a plat drawn to the specifications of the Engineering Department shall be recorded. 2 r- .,.-, 3. A location for plat submission Department. the dumpster shall also be included on a final subject to approval by the Engineering 4. The Affordable Housing Impact Fee of $12050 shall be paid to the Finance Director prior to the sale of either unit. The Planning Department is waiting for the applicant's reply to these conditions of approval. staff will inform the Council on Monday night, May 8, if this item may still be considered as a consent agenda item. /L ~ .?~ ~ ~ ~ ~.~~~ -f- ~~ /'~~ . ~~ ~ ~ C<.. ~ ~ ~~. ~~~ ,~ e::<-- c?--. , c;~ . ~ 0-1' ~ ,/C~""""'" 3 ~ ~ MEMORANDUM To: Leslie Lamont, Planning Office .~ Elyse Elliott, Engineering Department~ April 28, 1989 From: Date: Re: Cooper Street Greystone Condominiumization ================================================================ After reviewing the above application and making a site inspection, the Engineering Department has the fOllowing comments: Drainage - The applicant must show the Engineering Department that the historic storm runoff will not be altered by this project. Drywells might be necessary if the impervious surfaces have been increased. We will have to approve calculation prepared by an engineer to insure compliance to Section 20-l7(f). Alley - The alley behind the project is presently unpaved. We would recommend that it be paved to reduce dust, improve drainage and improve appearance. It would also keep runoff from the alley from entering the sloping driveways. Plat - The plat submitted is insufficient. Department will need to accept a plat drawn to prior to recordation. The Engineering our specifications Trash - A location for the dumpster should be made on-site and be shown in the plat. . . - /""0 . '" buzzdopkinenterprises April 20, 1989 John D. LaSalle Attorney at Law 530 E. Main Street Aspen, Colorado 81611 Dear John. This letter 1s to 8uthori~e you to act in my behalf on any and all matters pertaining to 810-816 East Cooper Ave (Also known as the ~GreystonesM) with the Aspen Planing~and Zoning Department or any other government agency having jurisdiction over said property. , kll,r-:> (I" W f1~n '0-; ~;;: , AAlu ~u,' dopkin .nte'J:'rises . /r<ox 4696, ..pen. e"Jor~do 81611 . 13(3)925-7488 _ 920-2461 ,.....,. ,-, CIT PEN MEMORANDUM DATE: April 11, 1989 TO: Leslie Lamont, planning Office FROM: Paul Taddune, Special Counsel RE: Cooper Street Greystone Condominiumization As with my recommendations in the past, I suggest that the applications be signed by the application, not merely the applicant's attorney. /mc APR 12 ,- r--., AltEA CoDE 303 FACSIMILE 925-9398 JOHND. LASALLE ATTORNEY AT LAw COURTHOUSE PLAZA BUILDING 580 EAST 1v1AIN STREET. :FIRsTFLOOR AsPEN, COLORADO 81611 AR:eA. CODE 303 ThLEPHONE925-6638 April 14, 1989 Leslie LaMonte Aspen/Pitkin Planning Office 130 S. Galena Street Aspen, CO 81611 Re: Cooper Avenue Grevstone Condominiums Dear Leslie: This is to confirm in writing the what I told you on the telephone Wednesday. After consulting with my client, Mr. Dopkin, I realized that my representation in my original application that there was a room in each of the two-units which could be characterized as either a bedroom or a den, was incorrect. In fact, that room contains no closet and was designated on the building plans submitted to the building department as a gym or den. Only a steam room and a powder room (consisting of a toilet and a sink) adjoin the rooms in question. It is important to Mr. Dopkin considered a bedroom because the zoning only permits a total of nine bedrooms and two more units which will have a total bedrooms. that the room not be for the parcel of land Mr. Dopkin plans to add of either four or five Thus, for your present calculation of the affording housing impact fee you should only count these as two-two bedroom units. Naturally, when Mr. Dopkin gets approval for the additional units he will want to condominiumize them and will then pay the affordable housing impact fee applicable to those other bedrooms at that time. Please do not hesitate to contact me if you questions regarding this matter, particularly if make a physical inspection. have any other you desire to J10/11414.1 tr cc: Buzz Dopkin f""-' , 1-\\-'1\: 18 f""l, ~ MEMORANDUM TO: city Attorney City Engineer FROM: Leslie Lamont, Planning Office RE: Cooper street Greystone Condominiumization DATE: April 6, 1989 ---------------------------------------------------------------- ---------------------------------------------------------------- Attached for your review and comments is an application submitted by John LaSalle on behalf of his client, Harlan Dopkin, requesting Condominiumization approval for a new duplex at 810 E. cooper Avenue known as Cooper Street Greystone. Please review this material and return your comments no later than April 26, 1989 so that I have time to prepare a memo for the P&z. Thank you. ,- - .. A1mA. CoDE 303 FACSIMILE 925-9898 JOHN D. LASALLE ATTORNEY AT LAw COURTHOUSE PLAzA BUll.DING 580 EASTlXIA.IN.STREET. FlRSTFLooR AsPEN. COLORADO 81611 AREA Cooe 308 'I"er..EPHoNE 925-6633 April 5, 1989 HAND DELIVERED Alan Richman Aspen/Pitkin Planning Office 130 S. Galena street Aspen, CO 81611 Re: Personal and Confidential _ IN.-\- ~ ~~~~ Dear Alan: ~ While I realize your tenure is rapidly coming to an end, I wanted to take this opportunity to call your attention to a policy in your office which I find insulting, and I believe most of my colleagues as duly licensed practicing attorneys would also find insulting. I enclose a letter which I received from Debbie Skehan of your office advising me that my application was incomplete because (1) there was no letter from the applicant stating the name of the representative authorized to act on his behalf and, (2) no disclosure of ownership of the parcel. I also enclose my application and direct your attention to the second sentence thereof, "I represent Harlen Dopkin who is the owner of a newly constructed duplex located at 810 E. Cooper Avenue in Aspen." As you can see, the application was made on my attorney's letterhead and contained both a representation from me as to my representative capacity and as to the ownership of the parcel. I would appreciate it~f you would advise me if the level of bureaucracy in the City Of Aspen has' now reached that of the Internal Revenue Service where ~ formal, written, representation from a local attorney as to his representative capacity and ownership of a parcel is no longer acceptable. If, in fact, that is the case, I probably will not handle this with a letter to the editor(s) of the newspapers because the public holds attorneys in such low esteem that they would probably agree with such a policy; however, it may be' appropriate to raise it before the City Council a~d its A~tprney. l",,\\.&- o~ '-\~'" ~ ~,,0- \-c-. '-'4 L, ~ A~...."" k">\~ ~\ ~ I,L- ''''"~ c....L. (l<-t<- - 1""'\ Alan Richman April 5, 1989 Page Two In any event, rather than risk slowing down the application, I enclose the following: 1. Title commitment showing Harlen Dopkin as the owner of the real property in question. 2. One additional copy of the condominium plat. I am in the process of obtaining a letter from Mr. Dopkih confirming my formal representation to the Planning Department () K that I do, indeed represent him. Please give me a call in any event. Enclosure cjar45.ltr cc: Cindy Hoben 1""". .r\. , . Prepared for: CC's to: Carol Dopkln Real Estate 520 E. Cool>er,Sulte 15 Aspen, Co I orado 81611 Attn: Ms. Carol DopkTn Carol Dopk In Real Estate SCHEDULE A Customer Reference: Greystones GF No, 400375-C NLlnl 1, Effective dale: March 21, 1989 at 7:00 A.M. Inquiries should be directed to Norman E. LarkIns 2, Policy or POlicies to be issued: Amount (a) 0 ALTA Owners Policy- Form _.._.. ~ 1970 $ Proposed Insured: TO BE DETERM I NED (b) 0 AL TA Standard Loan Policy, Coverage - 1970 $- Proposed Insured: 3, The estate or interest in the land described or referred to in this Commitment and covered herein is: FEE 4, Tille to said estate or interest in said land is at the effective date hereof vested in: HARLAN DOPKIN p, The land referred to in this Commitment Is located in the County of State of Co I orado 'and described as follows: Pitkin LEGAL DESCR I PTI ON SET FORTH ON SHEET ATTACHED .HERETO AND BY TH I S REFERENCE INCORPORATED HEREIN AND MADE A PART HEREOF. Owner's PremIum: $ Lender's Premium: $ Add'l Charges: $ Tax Certlf 'cate: $ TOTAL CHARGES: $ AMERICAN LAND TITLE ASSOCIATION COPYRIGHT 1971 (REV.) SCHEOUL!:A FORM' 106 GS 40M6a7H ~ ~ SCHEOULEA - contI nued Order No. 400375-C l" rat 1.0. No. Covering the Land In the State of Colorado, County of Pitkin Oeser I bed as: Lots M, Nand 0, Block 111, C I TV AND TOWNS irE OF ASPEN. I"" ~. . SCHEDULE 8-1 No. 400375-C I. The following ~re he requirements t" l:>e. compll",d with: 1. Instrumen s necess~ry to cre~te the est~te or interest to be Insured must be .properly executed, delivered ~nd duly flied for record, 2. P~yment of the conslder~llon for the est~te or interest 10 be insured. 3, P~yment of ~II t~xes, charges, ~ssessments, levied ~nd ~ssessed ~g~insl subject premises, which are due and payable, 4, Satisfactory evidence should be h~d that improvements and/or repairs or alterations thereto are completed: that contractor, subcontractors, labor and materialmen are.all paid, 5. Release by the Pub! Ic Trustee of Pitkin County of the Deed of Trust from Har I an Dopk In for thEl use of A IplnEl Bank, Snowmass V III age, to secur.e $650,000.00, dated June 2, 1988, and recordEld JUne 3,1988, In Book 565 at Page 602. 6. Deed from Harlan Dopkln to a grantee or grantees to be detElrmlned. 7. Evidence satisfactory to the Company or Its duly authorized agent that the "real estate transfer tax" Imposed by the Town of Aspen, Colorado has been paid, and that the IIEln Imposed therElby has been fully satisfied. AMERICAN LAND TITLE ASSOCIATION COPYRIGHT 1971 (REV.) SCHEDULE 8-1 FOAM '106 GS 40M687H 1'*'\ ^ . SCHEDULE B-II Order No. 400375-C II. Schcd\jle e Qlth\! poflcy or policies to be Issued will contain exceptions to the following matters unless the Slime ai'll disposed of to' the satisfaction of the Company: 1, Rights or claims 01 parties in possession not shown by the public records, 2, Easements or claims of easements, not shown by the public records, 3. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, and any lacts which a correct survey and inspection of the premises would disclose and which are not shown by the public records, 4. Any lien, or right to a lien, for services, labor or materialtheretolore or hereafter furnished, imposed bylaw and not shown by the public records, 5. Defects, liens, encumbrances, adverse claims or other matters, if any, created, lirst appearing in the public records or attaching subsequent to the eflective date hereof but prior to the date the proposed insured acquires of record for value the estate or interest or mortgage thereon covered by this Commitment. Exceptions numbered are hereby omitted, 6. Taxes due and paY<lble; and any tax, special assessments, charge or lien Imposed for water or sewer service, or for any other special taxing district. 7. All ore and minerals and minerai bearing rock embraced within Lots Mand 0 InBloekl11 of the City and Townsite of Aspen, as conveyed by R. M. Hetherly to Eo L. Ogden by Quit Claim Deed recorded July 27, 1891, In Book 93 at Page 22, and .by J. W.. Warren to E. L. Ogden by Quit Claim Deed recorded May 19, 1891, In Book 93 at. Page 56, respectively, and any and all asslgnmentstherec>f or Interests therein. 8.. The full, free and perpetual right to dig, work, search for, mine and re.move all ore and minerai bearing rock a.nd earth underneath Lot N In Bloc:k 111 of the City and townsite of Aspen, as conveyed by Charles Emmett to The Aspen Deep Mining Co., a Colorado corporation, by the Mining Deed recorded November 1.6, 1891, In Book 105 at Page 264, and any and al I assignments thereof or interests therein. 9. Any and <III unredeemed tax sa I es. NOTE: Upon receipt of a Certificate of Taxes Due evidencing that there are no existing. open tax sales, the above exception will not appear on the. policies to be Issued hereunder. AMERICAN LAND TITLE ASSOCIATION COPYRIGHT 1971 (REV.) SCHEDULE B.lI FORM 1Q6 GS20M 283H ICOLORADOI r- r" ASPEN/PITKIN PLANNING OFFICE 130 s. Galena street Aspen, Colorado 81611 (303) 920-5090 April 4, 1989 John LaSalle 530 East Main Street Aspen, Colorado 81611 RE: cooper street Gre;tone CondominiQization Dear John, This is to inform you that the Planning Office has completed its preliminary review of the captioned application. We have determined that your application is not complete. We are unable to schedule this application for review at this time. Pursuant to section 6-202.B., please submit: 1) a letter signed by the applicant stating the name, address, and telephone number of the representative authorized to act on behalf of the applicant; and 2) a disclosure of ownership of the parcel. We also need one additional copy of the condominium plat. If you have any questions please call, Alan Richman. Thank you. sincerely, Debbie Skehan Administrative Assistant ds ~. r-, CASE DISPOSITION COOPER STREET GREYSTONE CONDOMINIUIZATION One May 8, 1989 the City Council approved the condominiumization of the Cooper Street Greystone Condominiums with the following conditions: 1. Prior to issuance of a c.O., the applicant must demonstrate to the Engineering Department that the historic storm runoff will not be altered by this project. The Department shall approve calculations prepared by an engineer to insure compliance with section 20-17 (f). 2. Prior to the sale specifications of recorded. of either unit, the Engineering a plat drawn to the Department shall be 3. A location for the dumpster shall also be included on a final plat submission subject to approval by the Engineering Department. 4:. The Affordable Housing Impact Fee of $12, 050 shall be paid to the Finance Director prior to the sale of either unit. The applicant has agreed! to' the. conditions of this consent apprQval. Greystone , 3