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DEVELOPMENT ORDER
of the
City of Aspen
Community Development Department
This Development Order, hereinafter "Order", is hereby issued pursuant to Section
26.304.070, "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 is approved
pursuant to Section 26.304.075, 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.
Lift One Condominium Association. 131 E. Durant Avenue. Aspen. CO 81611
Property Owner's Name, Mailing Address and telephone number
131 E. Durant Avenue. Lift One Condomiums. Parcel ill # 2735-131-10-025
Legal Description and Street Address of Subject Property
Growth Management Approval for Affordable Housing to Legal Bandit Unit (Unit 109) as
Category 4 Affordable Housing Unit
Written Description of the Site Specific Plan and/or Attachment Describing Plan
Planning and Zoning Commission Resolution No. 21, Series of 2006, Aoproved 9/5/06
Land Use Approval(s) Received and Dates (Attach Final Ordinances or Resolutions)
September 17, 2006
Effective Date of Development Order (Same as date of publication of notice of approval.)
September 18, 2009
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 17th day of September, 2006, by the City of Aspen Community
DevpIopment ut Director.
Ch
Joyce All ier, Communi
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PUBLIC NOTICE
Of
DEVELOPMENT APPROVAL
Notice is hereby given to the general public of the approval ofa site specific development
plan, and the creation of a vested property right pursuant to the Land Use Code of the
City of Aspen and Title 24, Article 68, Colorado Revised Statutes, pertaining to the
following describ~d property: 131 E. Durant A venue, Unit 109, by resolution of the
Aspen Planning and Zoning Commission numbered 21, Series of 2006 on September 5,
2006. The Applicant received approval to legalize a bandit dwelling unit as a deed-
restricted affordable housing unit. For further information contact Joyce Allgaier, at the
City of Aspen Community Development Dept. 130 S. Galena St, Aspen, Colorado (970)
920-5090.
s/ City of Aspen
Publish in The Aspen Times on September 17,2006
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RESOLUTION NO. 21
(SERIES OF 2006)
A RESOLUTION OF THE ASPEN PLANNING AND ZONING COMMISSION
APPROVING WITH CONDITIONS, A GROWTH MANAGEMENT REVIEW
FOR THE DEVELOPMENT OF AFFORDABLE HOUSING AND SPECIAL
REVIEW TO ESTABLISH THE PARKING REQUIREMENTS FOR THE
CONVERSION OF UNIT 109 IN THE LIFf ONE CONDOMINIUMS TO A
DEED-RESTRICTED AFFORDABLE HOUSING UNIT, CITY AND TOWNSITE
OF ASPEN, PITKIN COUNTY, COLORADO
WHEREAS, the Community Development Department received an application
from the Lift One Condominium Association, owners, represented by Paul Taddune,
requesting approval of a growth management review for the development of affordable
housing, special review to establish the parking requirements, and a code amendment to
the Lodge Zone District to convert a bandit dwelling unit in the Lift One Condominiums
known as Unit 109 to a deed-restricted affordable housing unit; and,
WHEREAS, the proposed code amendment to the Lodge Zone District was
reviewed separately from the other necessary land use actions and was approved pursuant
to Ordinance No. 25, Series of 2006; and,
WHEREAS, pursuant to the applicable sections of the land use code, the
Community Development Director has reviewed the requested land use actions and
recommended approval, with the conditions of approval contained herein; and,
WHEREAS, the Aspen/Pitkin County Housing Board has reviewed the proposed
affordable housing unit and granted income and asset waivers and a minimum unit size
waiver; and,
WHEREAS, during a duly noticed public hearing on May 16, 2006, the Planning
and Zoning Commission continued the review of the application to June 6, 2006; and,
WHEREAS, during a continued public hearing on June 6, 2006, the Planning and
Zoning Commission continued the review of the application to September 5, 2006; and,
WHEREAS, during a continued public hearing on September 5, 2006, the
Planning and Zoning Commission approved Resolution No. 21, Series of 2006, by a five
to zero (5-0) vote, approving with conditions, a growth management review for the
development of affordable housing and special review to establish the parking
requirements to convert a bandit dwelling unit in the Lift One Condominiums known as
Unit 109 to a deed-restricted affordable housing unit; and,
WHEREAS, the Aspen Planning and Zoning Commission has reviewed and
considered the development proposal under thc applicable provisions of the Municipal Code
as identified herein; and,
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WHEREAS, the Planning and Zoning Commission finds that the development
proposal meets or exceeds all applicable development standards and 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 Planning and Zoning Commission finds that this resolution
furthers and is necessary for the promotion of public health, safety, and welfare.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF ASPEN PLANNING
AND ZONING COMMISSION AS FOLLOWS:
Section 1
Pursuant to the procedures and standards set forth in Title 26 of the Aspen Municipal Code,
the Planning and Zoning Commission hereby approves a growth management review for
the development of affordable housing and special review to establish the parking
requirements to convert a bandit dwelling unit in the Lift One Condominiums known as
Unit 109, to a deed-restricted affordable housing unit, subject to the conditions contained
hcrein.
Section 2: Affordable Housin!! Unit
The affordable housing unit shall be in compliance with the Aspen/Pitkin County
Housing Authority's Employee Housing Guidelines. The Applicant shall record a deed
restriction classifying the affordable housing unit as a Category 4 unit at the time of
recordation of an amended condominium plat identifying the unit as a legal dwelling unit.
The affordable housing unit may be deed-restricted as a rental unit. The unit shall
become an affordable housing ownership unit at such time as the owners would request a
change to a "for-sale" unit.
If the Aspen/Pitkin County Housing Authority deems the unit to be out of compliance
with the rental occupancy requirements in the Affordable Housing Guidelines for a
period of more than year the unit shall either revert to the general common area or, if
approved by the unit owners sold as a "for sale" affordable housing unit. If the unit is
ever converted to a "for-sale" unit, the unit's homeowners' association dues shall be a
percentage of the free-market residential units' dues equal to the unit's market value
compared to that of the free-market residential units' market value in the complex. The
Applicant shall enter into an agreement with the Aspen/Pitkin County Housing Authority
ensuring that the unit will be rented at a Category 4 or lower rental price for the existence
of the unit. This agreement shall be executed prior to unit being occupied. The rental
asset and income guidelines are waived with regard to occupancy of this unit. The size
limitations are also waived.
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Section 3: Special Review for Off-Street Parkin!!
The off-street parking requirement for the site shall be hereby established as the existing
twenty-two (22) off-street parking spaces.
Section 4: Amendment to Condominium Plat and Declaration
As is described in Section 2 above, the Applicant shall record an amended condominium
plat and declaration acknowledging the presence of Unit 109 as a legal dwelling unit.
Section 5: Up!!rade Dwellin!! Unit Separation
Unit 109's dwelling unit separation shall be upgraded to meet the requirements of the
International Building Code. Compliance with this requirement shall be reviewed by the
City Building Department prior to issuance of a certificate of occupancy for the unit.
Section 6:
All material representations and commitments made by the applicant pursuant to the
development proposal approvals as herein awarded, whether in public hearing or
documentation presented before the Planning and Zoning Commission, are hereby
incorporated in such plan development approvals and the same shall be complied with as if
fully set forth herein, unless amended by an authorized entity.
Section 7:
This resolution 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 8:
If any section, subsection, sentence, clause, phrase, or portion of this resolution 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.
APPROVED BY the Planning and Zoning Commission of the City of Aspen by a five to
zero (5-0) vote on this 5th day of September, 2006.
APPROVED AS TO FORM:
PLANNING AND ZONING
COMMISSION:
City Attorney
Jasmine Tygre, Chair
ATTEST:
Jackie Lothian, Deputy City Clerk
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RESOLUTION NO.
(SERIES OF 2006)
A RESOLUTION OF THE ASPEN PLANNING AND ZONING COMMISSION
APPROVING WITH CONDITIONS, A GROWTH MANAGEMENT REVIEW
FOR THE DEVELOPMENT OF AFFORDABLE HOUSING AND SPECIAL
REVIEW TO ESTABLISH THE PARKING REQUIREMENTS FOR THE
CONVERSION OF UNIT 109 IN THE LIFT ONE CONDOMINIUMS TO A
DEED-RESTRICTED AFFORDABLE HOUSING UNIT, CITY AND TOWNSITE
OF ASPEN, PITKIN COUNTY, COLORADO
WHEREAS, the Community Development Department received an application
from the Lift One Condominium Association, owners, represented by Paul Taddune,
requesting approval of a growth management review for the development of affordable
housing, special review to establish the parking requirements, and a code amendment to
the Lodge Zone District to convert a bandit dwelling unit in the Lift One Condominiums
known as Unit 109 to a deed-restricted affordable housing unit; and,
WHEREAS, the proposed code amendment to the Lodge Zone District was
reviewed separately from the other necessary land use actions and was approved pursuant
to Ordinance No. 25, Series of2006; and,
WHEREAS, pursuant to the applicable sections of the land use code, the
Community Development Director has reviewed the requested land use actions and
recommended approval, with the conditions of approval contained herein; and,
WHEREAS, the Aspen/Pitkin County Housing Board has reviewed the proposed
affordable housing unit and granted income and asset waivers and a minimum unit size
waiver; and,
WHEREAS, during a duly noticed public hearing on May 16, 2006, the Planning
and Zoning Commission continued the review of the application to June 6, 2006; and,
WHEREAS, during a continued public hearing on June 6, 2006, the Planning and
Zoning Commission continued the review of the application to September 5, 2006; and,
WHEREAS, during a continued public hearing on September 5, 2006, the
Planning and Zoning Commission approved Resolution No. _, Series of 2006, by a
. to L---.J vote, approving with conditions, a growth management review
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for the development of affordable housing and special review to establish the parking
requirements to convert a bandit dwelling unit in the Lift One Condominiums known as
Unit 109 to a deed-restricted affordable housing unit; and,
WHEREAS, the Aspen Planning and Zoning Commission has reviewed and
considered the development proposal under the applicable provisions of the Municipal Code
as identified herein; and,
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WHEREAS, the Plarming and Zoning Commission finds that the development
proposal meets or exceeds all applicable development standards and 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 Planning and Zoning Commission finds that this resolution
furthers and is necessary for the promotion of public health, safety, and welfare.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF ASPEN PLANNING
AND ZONING COMMISSION AS FOLLOWS:
Section 1
Pursuant to the procedures and standards set forth in Title 26 of the Aspen Municipal Code,
the Planning and Zoning Commission hereby approves a growth management review for
the development of affordable housing and special review to establish the parking
requirements to convert a bandit dwelling unit in the Lift One Condominiums known as
Unit 109, to a deed-restricted affordable housing unit, subject to the conditions contained
herein.
Section 2: Affordable Housing Unit
The affordable housing unit shall. be in compliance with the Aspen/Pitkin County
Housing Authority's Employee Housing Guidelines. The Applicant shall recorda deed
restriction classifying the affordable housing unit as a Category 4 unit at the time of
recordation of an amended condominium plat identifying the unit as a legal dwelling unit.
The affordable housing unit may be deed-restricted as a rental unit. The unit shall
become an affordable housing ownership unit at such time as the owners would request a
change to a "for-sale" unit.
If the AspenlPitkin County Housing Authority deems the unit to be out of compliance
with the rental occupancy requirements in the Affordable Housing Guidelines for a
period of more than year the unit shall either revert to the general common area or, if
approved by the unit owners sold as a "for sale" affordable housing unit. If the unit is
ever converted to a "for-sale" unit, the unit's homeowners' association dues shall be a
percentage of the free-market residential units' dues equal to the unit's market value
compared to that of the free-market residential units' market value in the complex. The
Applicant shall enter into an agreement with the Aspen/Pitkin County Housing Authority
ensuring that the unit will be rented at a Category 4 or lower rental price for the existence
of the unit. This agreement shall be executed prior to unit being occupied. The rental
asset and income guidelines are waived with regard to occupancy of this unit. The size
limitations are also waived.
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Section 3: Special Review for Off-Street Parking
The off-street parking requirement for the site shall be hereby established as the existing
twenty-two (22) off-street parking spaces.
Section 4: Amendment to Condominium Plat and Declaration
As is described in Section 2 above, the Applicant shall record an amended condominium
plat and declaration acknowledging the presence of Unit 109 as a legal dwelling unit.
Section 5: Upgrade Dwelling Unit Separation
Unit 109's dwelling unit separation shall be upgraded to meet the requirements of the
International Building Code. Compliance with this requirement shall be reviewed by the
City Building Department prior to issuance of a certificate of occupancy for the unit.
Section 6:
All material representations and commitments made by the applicant pursuant to the
development proposal approvals as herein awarded, whether in public hearing or
documentation presented before the Planning and Zoning Commission, are hereby
incorporated in such plan development approvals and the same shall be complied with as if
fully set forth herein, unless amended by an authorized entity.
Section 7:
This resolution 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 8:
If any section, subsection, sentence, clause, phrase, or portion of this resolution 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.
APPROVED BY the Planning and Zoning Commission of the City of Aspen by a _ to
L---.J vote on this 5th day of September, 2006.
APPROVED AS TO FORM:
PLANNING AND ZONING
COMMISSION:
City Attorney
Jasmine Tygre, Chair
ATTEST:
Jackie Lothian, Deputy City Clerk
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MEMORANDUM
TO: Aspen Planning and Zoning Commission
JAr
THRU: Joyce Allgaier, Community Development Deputy Director
FROM: James Lindt, Senior Planner =:r L
RE: Lift One Condominiums Growth Management Review, Subdivision
Exemption for Condo Plat Amendment, and Special Review to Establish Off-
Street Parking Requirements - Continued Public Hearinl!. from June 6th
DATE: September 5, 2006
ApPLICANT fOWNER:
Lift One Condominium Association,
Inc.
REPRESENTATIVE:
Law Offices of Paul Taddune
LOCATION:
131 E. Durant Avenue
CURRENT ZONING:
Lodge Zone District.
PROPOSED LAND USE REQUESTS:
A growth management review for the
development of affordable housing
and a subdivision exemption for an
amendment to a recorded
condominium plat have been
requested.
SUMMARY:
The Applicant requests the necessary
land use approvals to legalize an
existing bandit dwelling unit and deed
restrict it as a voluntary, Category 4,
one-bedroom affordable housing unit.
Photo Above: Lift One Condominium Building.
STAFF RECOMMENDATION:
Staff recommends that the Planning and Zoning
Commission approve with conditions, the growth
management, special review for parking, and
subdivision exemption requests to legalize the bandit
unit.
REVIEW PROCEDURE:
The Planning and Zoning Commission shall be the final review authority on both the
requested growth management review for the development of affordable housing and the
special review to establish the parking requirements. The Applicant has also requested an
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amendment to the approved condominium plat to show the unit as a legal unit. An
amendment to an approved condominium plat may be approved by the Community
Development Director after the review of the other land use actions.
LAND USE REQUESTS:
The Applicant has requested the following land use actions to convert the existing bandit
unit into a voluntary (not used for mitigation purposes) affordable housing unit:
. Growth Management Review for the Development of Affordable Housing.
. Special Review to Establish Off-Street Parking Requirements.
. Amendment to an Approved Condominium Plat (to be reviewed by the Community
Development Director if the other land use actions are approved).
. Code Amendment (Approved by City Council pursuant to Ordinance No. 25, Series
of 2006)
PROJECT SUMMARY:
The Applicant, Lift One Condominium Association Inc, requests approval to convert a bandit
dwelling unit (Unit 109) that has existed in the Lift One Condominiums since the mid-I 970s
into a voluntary, deed-restricted, category 4 affordable housing unit. The unit subject to this
application is to be remodeled to a one-bedroom unit that is located on the first floor of the
south building. Apparently, Unit 110 was split into two (2) separate units (Units 109 and
110) at some point in time without the City's approval. Special review to establish the off-
street parking requirements are also requested to legalize the unit without having to provide
an additional parking space.
In conjunction with this application, the Applicant submitted a code amendment request to
amend the Lodge Zone District to eliminate the minimum lot area per dwelling unit
requirement for affordable housing units. City Council approved the code amendment
request pursuant to City Council Ordinance No. 25, Series of 2006. The code amendment
was necessary because the Lift One Condominium complex already was non-conforming
related to lot area per dwelling unit.
JUNE 6TH MEETING:
At the June 6th meeting (minutes attached as Exhibit "D"), the Applicant was not certain as
to whether they wanted to remodel the unit from it's current configuration or whether they
simply wanted to use the existing floor plan of the unit. The Applicant was also concerned
about being required to deed 1I10th of a percent interest to the Housing Authority in order for
the Housing Authority to be able to permanently enforce that the unit is rented as an
affordable housing unit. Subsequent to the Planning and Zoning Commission hearing, the
Applicant defined that they wanted to update the floor plan of the unit to a 517 square foot,
I-bedroom unit. The Applicant then went back to the Housing Board to ask for a waiver
from the minimum unit size requirements and to work out an agreement with the Housing
Authority related to the enforceability of a deed restriction without deeding the IIlOth of a
percent interest to the Housing Authority.
The Housing Board granted a waiver from the minimum size requirements for the unit and a
waiver from the income and asset requirements in the Employee Housing Guidelines,
conditioned upon the tenant of the unit being a Lift One employee. The Housing Board also
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offered to work with the Applicant to structure an agreement that allows for the Housing
Authority a comfort level in controlling the rent of the unit without receiving a 1/IOth of a
percent ownership interest in the unit.
STAFF COMMENTS:
Growth Manai!ement Review for Development of AH:
In reviewing the growth management request for the development of affordable housing,
Staff believes that the proposal meets the review standards. There are enough affordable
housing allotments available to accommodate the proposed unit in that the community has
not reached the overall cap on affordable housing units of 2,428. Additionally, the proposed
affordable housing unit has been reviewed by the Aspen/Pitkin County Housing Board and
they have indicated that the proposed unit either meets the housing guideline requirements or
they have granted a waiver from the requirements that the unit does not comply with. Staff
also feels that the application is consistent with the Aspen Area Community Plan (AACP) in
that it provides an affordable housing unit that is in close proximity and within walking
distance to the Commercial Core and Aspen Mountain. The proposed affordable housing
unit is also located within a free-market residential building that integrates the types of
housing as is encouraged in the AACP's Housing Section.
Staff has reinforced the Housing Board's requirements by including a proposed condition of
approval in the resolution requiring that an agreement locking the unit into a rent cap be
entered into prior to the unit being occupied. Staff has further proposed a condition of
approval that requires that the Applicant file a deed restriction on the unit in conjunction with
updating the condominium plat.
Special Review for Off-Street Parkini!:
The Applicant has proposed to establish their off-street parking requirements for the site as
the existing number of parking spaces on the Lift One Condominium parcel. The Applicant
believes that converting the bandit unit that has been in existence since the 1970s will not
actually create an additional need for off-street parking since the unit has been occupied for
several decades off and on. Including the proposed affordable housing unit, there would be a
total of thirty-two (32) residential units in the building and there are twenty-two (22) off-
street parking spaces existing on the parcel. If this were a newly developed project, the
Applicant would be required to provide one off-street parking space for every residential
dwelling unit, equaling a total of thirty-two (32) parking spaces. Through the special review
process, the Planning and Zoning Commission can consider the parking needs of the
inhabitants of the building and the projected impacts that a proposal will have on the on-
street parking spaces in the neighborhood in setting the required parking for a property.
The Planning Staff agrees with the Applicant's assertion that the legalizing the bandit unit as
an affordable housing unit will likely not have much of an impact on the demand for parking
within the development since the unit has been in existence for quite some time.
Additionally, Staff does not see where there is any room to possibly provide additional
parking on the site. The Commission could require the Applicant to pay cash-in-lieu for the
additional parking space that would be required by the land use code's parking requirements
for the additional unit, which would amount to $30,000. However, Staff believes that
because there really will not be any excess demand for parking since the unit already has
existed in the building for over twenty years, Staff does not believe that the cash-in-Iieu
requirement is warranted.
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REFERRAL AGENCY COMMENTS:
The City of Aspen Building Department and the Aspen/Pitkin County Housing Authority
have reviewed the proposal and their comments have been included as conditions of approval
as deemed appropriate.
RECOMMENDATION:
Staff believes that the proposed request to convert the bandit unit into a deed-
restricted, Category 4 rental unit meets the applicable review standards and would
recommend that the Commission approve the proposed resolution with the conditions
contained therein,
RECOMMENDED MOTION (ALL MOTIONS ARE MADE IN THE AFFIRMATIVE):
"1 move to approve Resolution No.Q2J, Series of 2006, approving with conditions, the
Lift One Condominiums growth management review for the development of affordable
housing and special review to establish the existing off-street parking as the required
parking to convert the bandit dwelling unit known as Unit 109 into a deed-restricted,
Category 4 affordable housing unit."
A TT ACHMENTS:
Exhibit A -- Review Criteria and Staff Findings
Exhibit B -- Application
Exhibit C -- Referral Comments
Exhibit D -- June 6th Meeting Minutes
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RESOLUTION NO. 6..;t I
(SERIES OF 2006)
A RESOLUTION OF THE ASPEN PLANNING AND ZONING COMMISSION
APPROVING WITH CONDITIONS, A GROWTH MANAGEMENT REVIEW
FOR THE DEVELOPMENT OF AFFORDABLE HOUSING AND SPECIAL
REVIEW TO ESTABLISH THE PARKING REQUIREMENTS FOR THE
CONVERSION OF UNIT 109 IN THE LIFT ONE CONDOMINIUMS TO A
DEED-RESTRICTED AFFORDABLE HOUSING UNIT, CITY AND TOWNSITE
OF ASPEN, PITKIN COUNTY, COLORADO
WHEREAS, the Community Development Department received an application
from the Lift One Condominium Association, owners, represented by Paul Taddune,
requesting approval of a growth management review for the development of affordable
housing, special review to establish the parking requirements, and a code amendment to
the Lodge Zone District to convert a bandit dwelling unit in the Lift One Condominiums
known as Unit 109 to a deed-restricted affordable housing unit; and,
WHEREAS, the proposed code amendment to the Lodge Zone District was
reviewed separately from the other necessary land use actions and was approved pursuant
to Ordinance No. 25, Series of2006; and,
WHEREAS, pursuant to the applicable sections of the land use code, the
Community Development Director has reviewed the requested land use actions and
recommended approval, with the conditions of approval contained herein; and,
WHEREAS, the Aspen/Pitkin County Housing Board has reviewed the proposed
affordable housing unit and granted income and asset waivers and a minimum unit size
waiver; and,
WHEREAS, during a duly noticed public hearing on May 16, 2006, the Planning
and Zoning Commission continued the review of the application to June 6, 2006; and,
WHEREAS, during a continued public hearing on June 6, 2006, the Planning and
Zoning Commission continued the review of the application to September 5,2006; and,
WHEREAS, during a continued public hearing on September 5, 2006, the
Planning and Zoning Commission approved Resolution No. ;l..j, Series of 2006, by a
_ to _ L-~ vote, approving with conditions, a growth management review
for the development of affordable housing and special review to establish the parking
requirements to convert a bandit dwelling unit in the Lift One Condominiums known as
Unit 109 to a deed-restricted affordable housing unit; and,
WHEREAS, the Aspen Planning and Zoning Commission has reviewed and
considered the development proposal under the applicable provisions of the Municipal Code
as identified herein; and,
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WHEREAS, the Planning and Zoning Commission finds that the development
proposal meets or exceeds all applicable development standards and 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 Planning and Zoning Commission finds that this resolution
furthers and is necessary for the promotion of public health, safety, and welfare.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF ASPEN PLANNING
AND ZONING COMMISSION AS FOLLOWS:
Section 1
Pursuant to the procedures and standards set forth in Title 26 of the Aspen Municipal Code,
the Planning and Zoning Commission hereby approves a growth management review for
the development of affordable housing and special review to establish the parking
requirements to convert a bandit dwelling unit in the Lift One Condominiums known as
Unit 109, to a deed-restricted affordable housing unit, subject to the conditions contained
herein.
Section 2: Affordable Housinl!: Unit
The affordable housing unit shall be in compliance with the Aspen/Pitkin County
Housing Authority's Employee Housing Guidelines. The Applicant shall record a deed
restriction classifying the affordable housing unit as a Category 4 unit at the time of
recordation of an amended condominium plat identifying the unit as a legal dwelling unit.
The Condominium Declaration shall also be amended to reflect the unit and shall include
language providing for the potential of the affordable housing unit to become an
ownership unit.
The affordable housing unit may be deed-restricted as a rental unit, but the unit shall
become an ownership unit at such time as the owners would request a change to a "for-
sale" unit or at such time as the Aspen/Pitkin County Housing Authority deems the unit
to be out of compliance with the rental occupancy requirements in the Affordable
Housing Guidelines for a period of more than year. If the unit is ever converted to a "for-
sale" unit, the unit's homeowners' association dues shall be a percentage of the free-
market residential units' dues equal to the unit's market value compared to that of the
free-market residential units' market value in the complex. The Applicant shall enter into
an agreement with the Aspen/Pitkin County Housing Authority ensuring that the unit will
be rented at a Category 4 or lower rental price for the existence of the unit. This
agreement shall be executed prior to unit being occupied.
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Section 3: Special Review for Off-Street Parking
The off-street parking requirement for the site shall be hereby established as the existing
twenty-two (22) off-street parking spaces.
Section 4: Amendment to Condominium Plat and Declaration
As is described in Section 2 above, the Applicant shall record an amended condominium
plat and declaration acknowledging the presence of Unit 109 as a legal dwelling unit
Section 5: Upgrade Dwelling Unit Separation
Unit 109's dwelling unit separation shall be upgraded to meet the requirements of the
International Building Code. Compliance with this requirement shall be reviewed by the
City Building Department prior to issuance of a certificate of occupancy for the unit
Section 6:
All material representations and commitments made by the applicant pursuant to the
development proposal approvals as herein awarded, whether in public hearing or
documentation presented before the Planning and Zoning Commission, are hereby
incorporated in such plan development approvals and the same shall be complied with as if
fully set forth herein, unless amended by an authorized entity.
Section 7:
This resolution 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 8:
If any section, subsection, sentence, clause, phrase, or portion of this resolution 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.
APPROVED BY the Planning and Zoning Commission of the City of Aspen by a _ to
L- --.J vote on this 5th day of September, 2006.
APPROVED AS TO FORM:
PLANNING AND ZONING
COMMISSION:
Jasmine Tygre, Chair
City Attorney
ATTEST:
Jackie Lothian, Deputy City Clerk
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EXHIBIT" A"
Growth Management: Affordable Housing
REVIEW CRITERIA & STAFF FINDINGS
Affordable Housing, The development of affordable housing deed restricted in accordance
with the Aspen/Pitkin County Housing Authority Guidelines shall be approved, approved
with conditions, or denied by the Planning and Zoning Commission based on the following
criteria:
a) Sufficient growth management allotments are available to accommodate the
new units, pursuant to Section 26,470.030. C, Development Ceiling Levels.
Staff Finding
Staff finds that there are enough allotments available for the one proposed affordable housing
unit in that the number of affordable housing units that exist in the community is
approximately 800 units below the development ceiling established in the growth
management section of the land use code. There is also no annual development limit on
affordable housing units established in the land use code. Staff finds this criterion to be met.
b) The proposed development is consistent with the Aspen Area Community Plan.
Staff Finding
Staff believes that the proposed development is consistent with the Housing goals and
objectives established in the AACP. Specifically, Staff feels that the application is
consistent with the Aspen Area Community Plan (AACP) in that it provides an affordable
housing unit that is in close proximity and within walking distance to the Commercial Core
and Aspen Mountain. Additionally, the proposed affordable housing unit is located within a
free-market residential building that integrates the types of housing as is encouraged in the
AACP's Housing Section. Staff finds this criterion to be met.
c) The proposed units comply with the Guidelines of the Aspen/Pitkin County
Housing Authority. A recommendation from the Aspen/Pitkin County Housing
Authority shall be required for this standard, The Aspen/Pitkin County
Housing Authority may choose to hold a public hearing with the Board of
Directors.
Staff Finding
The Housing Authority has reviewed the proposed unit and indicated that the unit meets the
requirements of the Aspen/Pitkin County Housing Guidelines. A waiver of the minimum
unit size requirement has been granted by the Housing Board for the proposed floor plan.
Please see the Housing Authority's referral comments attached as Exhibit "C". Staff finds
this criterion to be met.
d) Affordable Housing required for mitigation purposes shall be in the form of
actual newly built units or buy-down units, Off-site units shall be provided
within the City of Aspen city limits. Units outside the city limits may be
accepted as mitigation by the City Council, pursuant to 26,470.040,D.2,
Provision of affordable housing through a cash-in-lieu payment shall be at the
discretion of the Planning and Zoning Commission upon a recommendation
from the Aspen/Pitkin County Housing Authority, Required affordable housing
may be provided through a mix of these methods.
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Staff Finding
The Applicant is not proposing for this unit to serve as affordable housing mitigation. Staff
finds this criterion not to be applicable.
e) The proposed units shall be deed restricted as "for sale" units and transferred
to qualified purchasers according to the Aspen/Pitkin County Housing
Authority Guidelines. In the alternative, rental units may be provided if a legal
instrument, in a form acceptable to the City Attorney, ensures permanent
affordability of the units,
Staff Finding
The proposed affordable housing unit shall be deed restricted as Category 4 rental unit. Staff
has reinforced the Housing Board's requirements by including a proposed condition of
approval in the resolution requiring that an agreement locking the unit into a rent cap be
entered into prior to the unit being occupied. Staff has further proposed a condition requiring
that the rental unit be sold through the Affordable Housing Lottery if they are deemed to be
out of compliance with the Housing Authority's occupancy guidelines for more than one
year. Staff finds this criterion to be met.
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Special Review: Off-Street Parking
REVIEW CRITERIA & STAFF FINDINGS
Special Review Standards, A Special Review for establishing, varying, or waiving off-
street parking requirements may be approved, approved with conditions, or denied based on
conformance with the following criteria:
1. The parking needs of the residents, customers, guests, and employees of the
project have been met, taking into account potential uses of the parcel, the
projected traffic generation of the project, any shared parking opportunities,
expected schedule of parking demands, the projected impacts onto the on-street
parking of the neighborhood, the proximity to mass transit routes and the
downtown area, and any special services, such as vans, provided for residents,
guests and employees.
Staff Finding
Staff believes that there will not be an additional impact on the off-street parking demand of
the complex by converting the existing bandit dwelling unit into a deed-restricted affordable
housing unit since the unit has existed on the site since the mid-1970s. Additionally, the
development is within close proximity to the commercial core and Aspen Mountain, reducing
the need for personal transportation. Staff finds this criterion to be met.
2. An on-site parking solution meeting the requirement is practically difficult or
results in an undesirable development scenario.
Staff Finding
Staff does believe that it would be impossible to provide an additional off-street parking
space given that the site has been fully developed. Staff finds this criterion to be met.
3, Existing or planned on-site or off-site parking facilities adequately serve the
needs of the development, including the availability of street parking,
Staff Finding
Staff believes that the existing on-site parking facilities are not really sufficient to serve the
needs of the existing development. That being said, Staff does not believe that the
conversion of the existing bandit dwelling unit to a deed-restricted affordable housing unit
will worsen the situation as was described in Staffs response to review standard No. 1
above.
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MEMORANDUM
TO:
James Lindt, Community Development
FROM:
Cindy Christensen, Operations Manager - Housing
DATE:
August 4, 2006
RE:
Lift One Request to Legalize Bandit Unit
Parcel ID No. 2735-131-10-025
ISSUE: The applicant is requesting an exemption from growth management for a creation of a
rental employee-housing unit.
BACKGROUND: The applicant's representative, Paul Taddune, approached the Housing Board
under Public Comment at the July 19, 2006 meeting. The Board directed Mr. Taddune to come
back with a formal approval. Unit 110 had been separated into two units, but not noted on the
condominium map. The Association desires to establish Unit 109 as a rental affordable housing
condominium for use primarily by employees of Lift One Condominiums and chosen by Lift One
who mayor may not meet the qualifications of Category 4 and below.
The unit is proposed at 517 net livable square feet, which is smaller than the minimum requirement
for a Category 4 one-bedroom unit as stated in the AspenlPitkin County Employee Housing
Guidelines. This is about 35% smaller than the minimum requirement of 700 square feet for a
Category 4 one-bedroom unit. The applicant had a concern for the requirement of a I/lOth of 1 %
undivided ownership interest to APCHA due to the difficulty to obtain a 100% owner approval to
convey an interest to the Housing Authority and that the conveyance would disrupt the regimen
with regard to ownership and voting interests.
RECOMMENDATION: The Housing Board reviewed the application at their regular meeting
held August 2, 2006 and recommended approval with the following conditions:
1. The unit will be deed-restricted as a rental Category 4 unit, with the rent limited to Category 4 or
below; however, if Lift One employs the tenant, the income and assets may be waived. The two
requirements that the tenant will have to qualifY will be to employment (at least 1500 hours per
calendar year) and not owning any other property in the Roaring Fork Valley as stipulated in the
APCHA Guidelines. If the unit is found to be out of compliance for more than one year, said unit
will be required to be modified and no longer specified as a unit.
2. Although the unit is 35% smaller than specified in the Guidelines, the unit is located within walking
distance to and from town, is close to open space, and is within walking distance to other types of
transportation. The Board felt that having this deed.restricted unit for a qualified employee
outweighed the size of the unit and that the unit is still a reasonable size.
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3. The deed-restriction shall be recorded at the time of recordation of the Condo Plat and prior to
Certificate of Occupancy.
4. APCHA or the applicant shall structure some type of document that guarantees that as long as the
unit is an employee unit, the unit shall be a rent-controlled unit. This document shall be
reviewed by APCHA' s attorney for its acceptance.
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CITY OF ASPEN PLANNING & ZONING COMMISSION
Minutes - June 06. 2006
Steve Skadron asked if the free-market and affordable units could apply for a
Street Parking pass in the Core. Lindt replied that was correct as long as they had
an address.
The 2005 growth management allotments were discussed.
No public comments.
Brian Speck stated that he would like to see parking but that was not possible for
this project. Speck stated this was a project that he could support, Mary Liz
Wilson said that she also could support this proj~ct. Ruth Kruger commended the
applicant for coming in with a project that addresses what the infill was looking
for; additional housing and respectfully placed affordable housing.
MOTION: Brian Speck moved to approve resolution #20, Series 2006, approving
with conditions, a growth management review for the development offree-market
residential units within a mixed use project and a growth management review for
the development of affordable housing; acknowledging the condominiumization of
the development is to be approved by the Community Development Director, and
recommending that the City Council approve with conditions, the Ajax Mountain
Building Subdivision to develop afree-market residential unit and a two-bedroom
affordable housing unit on the roof of the existing Ajax Mountain Building at 520
East Durant Avenue. Seconded by Dylan Johns. Roll call vote: Wilson, yes;
Skadron, yes; Speck, yes; Johns, yes; Kruger, yes. APPROVED 5-0.
PUBLlC HEARING
LIFT ONE GROWTH MANAGEMENT REVIEW
Ruth Kruger opened the public hearing on the Lift One. James Lindt stated that
the notices were provided. Lindt stated this was a public hearing to consider an
application submitted by the Lift One Condo Association; requesting growth
management review for affordable housing and special review to establish
affordable housing parking requirements and a consolidated conceptual final PUD.
The applicant requested a continuance on the growth management review and
special review for parking to amend their plans for the affordable housing unit.
Lindt distributed a revised resolution for the PUD request for the applicant's to do
parapet elements as well as pitched roof elements to the existing flat roofs on the
existing Lift One Condo, which was over the height limit (40 feet in height). The
applicant also proposed increasing the sizes and heights of the chimneys. The
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CITY OF ASPEN PLANNING & WNING COMMISSION
Minutes - June 06. 2006
applicant proposed these changes to enhance the quality of the building
appearance. Staff felt the chinmey sizes should be scaled down.
Paul Taddune showed what the building looks like now; their proposal was purely
aesthetic trying to bring up the character of the building.
Mary Liz Wilson asked if the chinmeys were being made larger and asked for the
current and new dimensions. Seth, applicant's investment representative, replied
the width stays the same and they originally wanted to increase the chinmey
heights for better draw. Seth said that the heights would not help the chinmey
draw so heights for the chinmeys would be increased only by 2 to 3 feet.
Steve Skadron asked what the alternative was to not extending the life of a non-
conforming building. James Lindt responded there were code requirements that
suggest the extension of the life and use of a building by beautifYing an existing
building however the other side of the coin would be if the building were
demolished they would have to come back to fit into the code requirements in that
zone district.
Ruth Kruger asked if they were adding some more affordable housing units. Lindt
replied that was the plan. Paul Taddune responded there was a free-market unit in
the basement owned by the association and they were running up against housing
regulations as to how big a unit was needed for a certain category. The
Homeowners Association would like to have an on site manager in that unit with a
six month minimum lease. Taddune said the employee housing was already there
as a so called bandit unit, which has been there since the condominium was built.
Taddune explained as the law stands now the unit cannot exist. Lindt said that
Staff suggested the applicant go back to the housing board to authorize the unit.
Kruger stated that it would be a shame to loose this unit as an affordable housing
unit since it had been an employee unit for years. Taddune stated the association
would like to have someone on site.
Taddune said there would be no increase in FAR and no impact on requirements.
No public comments.
Wilson said the height was only in the parapet areas and felt it could improve the
building and would rather see the building improved rather than tom down.
Dylan Johns said this added to the character of the building and the overall impact
was minimal for what it does. Johns agreed with the chinmeys being lowered to 2
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CITY OF ASPEN PLANNING & WNING COMMISSION
Minutes - June. 06. 2006
to 3 feet above the existing chimneys. Kruger asked for clarification on the heights
of the addition to the chimneys.
Skadron complimented the applicant on the improvement to the building but was
not convinced this was the only design that was eclectic in the community.
Skadron expressed concern for the height and would probably vote no on this
application.
MOTION: Dylan Johns moved to approve Resolution #21, series 2006,
recommending City Council approve the text amendments to Section
26. 710. 190(D)(2)(a) Lodge Zone District with conditions the Lift One
Condominiums and not to exceed the increase the height by three feet (3 ') for the
chimneys; seconded by Mary Liz Wilson. Roll call vote: Speck, yes; Wilson, yes;
Skadron, no; Johns, yes; Kruger, yes. APPROVED 4-1.
Kruger requested that housing maintain the employee unit.
MOTION: Steve Skadron moved to continue the growth management review for
the Lift One Condominiums to September 5, 2006; seconded by Mary Liz Wilson.
All in favor, APPROVED.
PUBLIC HEARING:
CODE AMENDMENT - HISTORIC PRESERVATION TDRS IN mE
MULTI-FAMILY RESIDENTIAL DISTRICT
Ruth Kruger opened the public hearing for the Historic Preservation TDRs.
Jennifer Phelan provided the proof of notice and stated the applicant, Dan
Coleman, was represented by Eric Cohen. Staff sponsored this code amendment.
Phelan said the request was to allow non-conforming, non-historic lots 5,000
square feet or less with a single family or duplex residence the ability to land one
historic 250 square foot TDR in the Residential Multi-family Zone District (RMF).
Phlen stated the historic TDR was created by a person who owns a historic parcel
with floor area that they agree not to develop and it was turned into a TDR. The
intent of the historic TDR was to create an avenue for income generation for
historic property. Phelan said there were a number of historic TDR landing sites in
the R-6, R-15, R-15A, R-15B and R-30 Zone Districts, which were primarily
single family and duplex developments. Phelan said after working with the
assessor and GIS they found approximately 9 lots that could actually land these
TDRs.
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co/ufOG
AN ORDINANCE OF THE ASPEN CITY COUNCIL APPROVING A
CONSOLIDATED CONCEPTUAL/FINAL PUD TO ALLOW FOR THE LIFT
ONE CONDOMINIUMS TO CONSTRUCT GABLE AND CHIMNEY ROOF
IMPROVEMENTS, CITY OF ASPEN, PITKIN COUNTY, COLORADO.
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ORDINANCE NO. 28
(SERIES OF 2006)
WHEREAS, the Community Development Department reeeived an application
from the Lift One Condominium Association, owners, represented by Paul Taddune,
requesting approval of a consolidated conceptual/final PUD application to construct gable
roof and chimney improvements to the Lift One Condominiums, 131 E. Durant A venue,
City and Townsite of Aspen; and,
WHEREAS, the Applicant requested that the Community Development Director
consolidate the conceptual and final PUD reviews pursuant to Land Use Code Section 26.
445.030(B)(2), Consolidated Conceptual and Final Review; and,
WHEREAS, the Community Development Director granted consent for the
Applicant to consolidate the review of the conceptual and final PUD requests pursuant Land
Use Code Section 26. 445.030(B)(2), Consolidated Conceptual and Final Review, finding
that the application has a limited scope of issues; and,
WHEREAS, a consolidated conceptual/final PUD requires review by City Council
after considering a recommendation from the Community Development Director and the
Planning and Zoning Commission pursuant to Land Use Code Section 26.445, Planned Unit
Development; and,
WHEREAS, during a duly noticed public hearing on June 6, 2006, the Planning
and Zoning Commission approved Resolution No. 21, Series of2006, by a four to one (4-
I) vote, recommending that City Council approve a consolidated conceptual/final PUD to
construct gable roof and chimney improvements to the Lift One Condominiums, City and
Townsite of Aspen; and,
WHEREAS, during a duly noticed public hearing on July 24, 2006, the Aspen
City Council reviewed the proposed consolidated PUD and continued the review to
August 28, 2006; and,
WHEREAS, a publicly noticed site visit was conducted by City Council on August
7,2006; and,
WHEREAS, during a continued public hearing on August 28, 2006, the Aspen
City Council approved Ordinance No. 28, Series of 2006, by a _ to _ L--.J
vote, approving with conditions, a consolidated conceptual/final PUD to construct gable
roof and chimney improvements to the Lift One Condominiums, 131 E. Durant Avenue,
City and Townsite of Aspen; and,
WHEREAS, the Aspen City Council has reviewed and considered the development
proposal under the applicable provisions of the Municipal Code as identified herein, has
reviewed and considered the recommendation of the Planning and Zoning Commission, the
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Community Development Director, the applicable referral agencies, and has taken and
considered public comment at a public hearing; and,
WHEREAS, the City Council finds that the development proposal meets or exceeds
all applicable development standards and 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 THAT:
Section I:
Pursuant to the procedures and standards set forth in Title 26 of the Aspen Municipal
Code, City Council hereby approves a consolidated conceptual/final PUD to construct
gable roof and chimney improvements to the Lift One Condominiums, subject to the
conditions contained herein.
Section 2: Final PUD Plans
A final PUD Plan shall be recorded in the Pitkin County Clerk and Recorder's Office
within 180 days of the final approval and shall include the following:
A. A drawing representing the project's architectural character.
Section 3: PUD Approvals
The approvals granted herein are explicitly to allow for the roof and chimney
improvements proposed on the roof plan and elevation drawings attached as Exhibit "E"
to the Staff Memorandum dated August 28, 2006. These drawings are dated July 19,
2006. The building height as shown on the above referenced elevation drawings is
legalized through this PUD, but all other non-conforming dimensional requirements shall
remain non-conforming and are not legalized through the approval of this PUD. The
chimneys shall only be permitted to extend up to three (3) feet above the height of the
existing chimneys.
Section 4:
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 construed and concluded under such
prior ordinances.
Section 5:
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.
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Section 6:
A public hearing on this ordinance was held on the 24th day of July, 2006, in the City
Council Chambers, Aspen City Hall, Aspen, Colorado.
INTRODUCED, READ AND ORDERED PUBLISHED as provided by law, by the City
Council of the City of Aspen on the 26th day of June, 2006.
Helen Kalin Klanderud, Mayor
Attest:
Kathryn S. Koch, City Clerk
FINALL Y, adopted, passed and approved by a vote of ~_ to _L-~, this 28 day of
August, 2006.
Helen Kalin Klanderud, Mayor
Attest:
Kathryn S. Koch, City Clerk
Approved as to form:
John P. Worcester, City Attorney
Mayor Klanderud and City Council
Chris Bendon, Community Development Director ~
James Lindt, Senior Planner ~k
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TO:
TURU:
FROM:
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MEMORANDUM
RE:
Second Reading of Ordinance No. 28, Series of 2006, Lift One Condominiums
Consolidated Conceptual/Final PUD- Continued Public Uearinl!.
DATE:
August 28, 2006
ApPLICANT /OWNER:
Lift One Condominium Association,
Inc.
REPRESENTATIVE:
Law Offices of Paul Taddune
LOCATION:
131 E. Durant Avenue
CURRENT ZONING:
Lodge Zone District.
PROPOSED LAND USE REQUESTS:
A consolidated conceptual/final PUD
has been requested for the
construction of parapet walls and
pitched roof elements.
SUMMARY:
The Applicant requests the ability to
construct new architectural roof
features and parapet walls to improve
the aesthetics of the building.
Photo Above: Lift One Condominium Building.
STAFF RECOMMENDATION:
Staff was somewhat split on our recommendation
related to the consolidated conceptual/final PUD
request. Several members of the planning staff
support the Applicant's efforts to improve the
aesthetics of the aging building, while other
members of the staff question the appropriateness of
allowing a PUD to further vary the allowable
dimensional requirements of an already non-
conformin buildin to rolong the existence.
REVIEW PROCEDURE:
City Council may approve, approve with conditions, or deny a consolidated conceptual/final
PUD application after considering a recommendation from the Planning and Zoning
Commission pursuant to Land Use Code Section 26.445, Planned Unit Development.
LAND USE REQUESTS:
The Applicant has requested the following land use action to construct parapet and pitched
roof elements on the existing Lift One Condominium Building:
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. Consolidated Conceptual/Final PUD.
PROJECT SUMMARY:
The Applicant, Lift One Condominium Association Inc, has requested a consolidated
conceptual/final PUD to construct gable and parapet roof improvements on certain flat roof
elements that exist on the Lift One Condominiums. The existing building exceeds the height
limit for multi-family residential buildings of twenty-eight (28) feet in the underlying Lodge
(L) Zone District. Therefore, a PUDtis required because portions of the proposed gable roof
elements will exceed the already non-conforming height of the existing building.
SUMMA"RY OF LAST MEETING:
At the last meeting, City Council considered a presentation of the proposal from the
Applicant and a discussion of the issues from Staff. Council also heard public comments and
provided comments on the proposaL The majority of City Council expressed concerns about
the need to increase the height of the building to make it more aesthetically pleasing. Several
members of Council indicated that maybe the building could be retrofitted with a veneer
without changing the flat roof to improve the appearance of the structure much like the
nearby Southpoint Condominiums have done. Near the conclusion of the hearing, the
Applicant recommended that a site visit was warranted so that City Council could get a better
idea of what the real impacts of the proposed changes will be on the neighborhood. City
Council agreed to continue the hearing and conduct a site visit. City Council conducted a
publicly noticed site visit on August 7th. At the site visit, the Applicant provided height
poles to show the impact of the proposed pitched roof elements.
COUNCIL QUESTIONS:
In response to a question posed by City Council, Staff did some further research as to
whether the building was originally built as a conforming structure. Staff found out that the
height limit was twenty-five (25) feet in the AR.l Zone District in which the property was
located at the time that the existing structure was built. However, the method of calculating
building height was significantly different than it is today. At the time the structure was
built, the height of a building was measured from the average street grade adjacent to the
building. The average street grade of South Aspen Street adjacent to the Lift One property
(which is significantly higher than the parking lot grade), was likely used to measure the
building height. Therefore, based on the building height calculation methodology in effect at
the time the building was built, the structure was likely conforming when it was built.
Subsequently, when the City changed the building height calculation methodology the
building became legally non-conforming.
STAFF COMMENTS:
Consolidated Conceotual/Final PUD:
As was discussed at the last meeting, Staff was somewhat split on our opinions as to whether
there is a public benefit to improving the aesthetics of a condominium building that is already
non-conforming related to its dimensional requirements. Some members of Staff feel that
there is public benefit to allowing for a condominium building to be retrofitted with an
updated, modernized look to provide a more visually interesting building. Others on Staff
believe that there is no public benefit in allowing for an already non-conforming free-market
residential building to modernize and prolong its lifespan.
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Staff has further refined the proposed ordinance to be more specific as to what would be
approved if City Council were to approve the proposed consolidated conceptual/final PUD
request. Staff has revised the ordinance to reference the roof plan that is attached hereto as
Exhibit "En. This roof plan more clearly identifies the ridge heights being proposed on the
gable roofs and would make it easier for Staff to enforce that the height that is proposed,
actually is the height that would get built.
PLANNING AND ZONING COMMISSION RECOMMENDATION:
The Planning and Zoning Commission recommended that City Council approve the
requested consolidated conceptual/final PUD with the conditions contained in the proposed
ordinance. The majority of the Commissioners indicated that they feel the aesthetic
improvements proposed are a community benefit and that the improvements will not have a
significant impact on the scale of the building. The Commissioner that cast the lone
dissenting vote expressed that he did so because he was concerned that allowing for the
height increase of the already non-conforming building might serve as a precedent for other
development applications and that there may be ways to improve the aesthetics without
requiring an increase in the height as measured by the land use code.
CITY MANAGER'S COMMENTS:
RECOMMENDED MOTION (ALL MOTIONS ARE MADE IN THE AFFIRMATIVE):
"I move to approve Ordinance No. 28. Series of 2006, approving with conditions, a
consolidated conceptual/final PUD to construct gable roof and chimney improvements on
the Lift One Condominiums. 131 E. Durant Avenue, City and Townsite of Aspen."
A TT ACHMENTS:
Exhibit A n Review Criteria and Staff Findings
Exhibit B -- Application (attached in first reading packet)
Exhibit C n Existing Elevations (attached in first reading packet)
Exhibit D -- Planning and Zoning Commission Minutes (attached in second reading packet)
Exhibit E n Roof Plan and Refined Elevation Drawings
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EXHIBIT "A"
PLANNED UNIT DEVELOPMENT (PUD)
REVIEW CRITERIA & STAFF FINDINGS
In accordance with Section 26.445.050 of the Land Use Code, an application requesting
conceptual PUD approval requires that the following review standards be met.
A. General Requirements.
1. The proposed development shall be consistent with the Aspen Area Community
Plan.
Staff Finding
Staff feels that the proposal to add gable roof elements to the Lift One Condominiums is
consistent with several of the goals and objectives of the AACP. First, the proposed gable
roof elements improve the complex's design quality as is encourage in the "design quality"
section of the AACP. Second, Staff feels that the plan to modernize the existing building is
consistent with the AACP's action plan objective of supporting the restoration of existing
buildings. However, there were some on Staff that feel that there is no public benefit to
modernizing and prolonging the lifespan of a building that is non-conforming. Staff could
not reach a consensus on finding this criterion to be met.
2. The proposed development shall be consistent with the character of existing
land uses in the surrounding area.
Staff Finding
The proposed PUD request does not alter the use of the existing building and the existing use
of residential units, many of which are rented on a short-term basis, is consistent with the
land uses in the immediate vicinity. Staff finds this criterion to be met.
3. The proposed development shall not adversely affect the future development of
the surrounding area.
Staff Finding
Staff does not believe that the proposed request will adversely affect the future development
of the surrounding properties. Therefore, Staff finds this criterion to be met.
4. The proposed development has either been granted GMQS allotments, is
exempt from GMQS, or GMQS allotments are available to accommodate the proposed
development and will be considered prior to, or in combination with, final PUD
development plan review.
Staff Finding
The proposed PUD request to provide the roofline changes do not increase the free-market
residential FAR of the structure or number of free-market residential units and is exempt
from GMQS. Staff finds this criterion not to be applicable to this PUD request.
B. Establishment of Dimensional Requirements:
The final PUD development plans shall establish the dimensional requirements for all
properties within the PUD. The dimensional requirements of the underlying zone
district shall be used as a guide in determining the appropriate dimensions for the
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PUD. During review of the proposed dimensional requirements, compatibility with
surrounding land uses and existing development patterns shall be emphasized,
1. The proposed dimensional requirements for the subject property are appropriate and
compatible with the following influences on the property:
a) The character of, and compatibility with, existing and expected future land
uses in the surrounding area.
b) Natural and man-made hazards.
c) Existing natural characteristics of the property and surrounding area such
as steep slopes, waterways, shade, and significant vegetation and
landforms.
d) Existing and proposed man-made characteristics of the property and the
surrounding area such as noise, traffic, transit, pedestrian circulation,
parking, and historical resources.
Staff Finding
The only dimensional requirement that is being altered by the proposed PUD is the allowable
height of the building. The building is already over the permitted height limit in the zone
district and the roofline changes to the proposed building only cause a minor change in the
height of the building as is measured by the City Land Use Code's building height
methodology. Some members of the Planning Staff believe that the proposed gable roof
elements are a positive change to the design of the building and the new height limit is
consistent with many of the multi-family and lodging structures at the base of Aspen
Mountain in the immediate neighborhood.
Once again, there is also a contingent on the Staff that feels that it is not appropriate to allow
for a non-conforming building to prolong it's lifespan through modernizing the exterior look
if the modernization increases the extent to which it is not consistent with the dimensional
requirements of the zone district in which it is located. That said, the Staff feels that the
chimney structures are somewhat overbearing and are not consistent with the character of
structures in the immediate vicinity. Staff could not reach a consensus on finding this
criterion to be met.
2. The proposed dimensional requirements permit a scale, massing, and quantity of open
space and site coverage appropriate and favorable to the character of the proposed
PUD and of the surrounding area.
Staff Finding
The only dimensional requirement that is being altered by the proposed PUD is the allowable
height of the building. The building is already over the permitted height limit in the zone
district and the roofline changes to the proposed building only cause a minor change in the
height of the building as is measured by the City Land Use Code's building height
methodology. Some members of the Planning Staff believe that the proposed gable roof
elements are a positive change to the design of the building and the new height limit is
consistent with many of the multi-family and lodging structures at the base of Aspen
Mountain in the immediate neighborhood.
Once again, there is also a contingent on the Staff that feels that it is not appropriate to allow
for a non-conforming building to prolong it's lifespan through modernizing the exterior look
if the modernization increases the extent to which it is not consistent with the dimensional
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requirements of the zone district in which it is located. That said, the Staff feels that the
chimney structures are somewhat overbearing and are not consistent with the character of
structures in the immediate vicinity. Staff could not reach a consensus on finding this
criterion to be met.
3. The appropriate number of off-street parking spaces shall be established based on
the following considerations:
a) The probable number of cars used by those using the proposed development
including any non-residential land uses.
b) The varying time periods of use, whenever joint use of common parking is
proposed
c) The availability of public transit and other transportation facilities,
including those for pedestrian access and/or the commitment to utilize
automobile disincentive techniques in the proposed development.
d) The proximity of the proposed development to the commercial core and
general activity centers in the city.
Staff Finding
The proposed PUD request does not alter the number of off-street parking spaces. Staff finds
this criterion not to be applicable to this request.
4, The maximum allowable density within a PUD may be reduced if there exists
insufficient infrastructure capabilities. Specifically, the maximum density of a
PUD may be reduced if:
a) There is not sufficient water pressure, drainage capabilities, or other
utilities to service the proposed development.
b) There are not adequate roads to ensure fire protection, snow removal, and
road maintenance to the proposed development.
Staff Finding
The Applicant is not requesting to reduce the density of the project. Staff finds this criterion
not to be applicable to this request.
5. The maximum allowable density within a PUD may be reduced if there exists
natural hazards or critical natural site features. Specifically, the maximum
density of a PUD may be reduced if:
a) The land is not suitable for the proposed development because of ground
instability or the possibility of mud flow, rock falls or avalanche dangers,
b) The effects of the proposed development are detrimental to the natural
watershed, due to runoff, drainage, soil erosion, and consequent water
pollution,
c) The proposed development will have a pernicious effect on air quality in the
surrounding area and the City.
d) The design and location of any proposed structure, road, driveway, or trail
in the proposed development is not compatible with the terrain or causes
harmful disturbance to critical natural features of the site.
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Staff Finding
The Applicant is not requesting to reduce the density of the project. Staff finds this criterion
not to be applicable to this request.
6. The maximum allowable density within a PUD may be increased if there exists a
significant community goal to be achieved through such increase and the
development pattern is compatible with its surrounding development patterns and
with the site's physical constraints. Specifically, the maximum density of a PUD
may be increased if:
a) The increase in density serves one or more goals of the community as
expressed in the Aspen Area Community Plan (AACP) or a specific area
plan to which the property is subject.
b) The site's physical capabilities can accommodate additional density and
there exists no negative physical characteristics of the site, as identified in
subparagraphs 4 and 5, above, those areas can be avoided, or those
characteristics mitigated,
c) The increase in maximum density results in a development pattern
compatible with, and complimentary to, the surrounding existing and
expected development pattern, land uses, and characteristics.
Staff Finding
The Applicants are not requesting to increase the allowable density through the proposed
PUD. Staff finds this criterion not to be applicable to this request.
B. Site Design:
The purpose of this standard is to ensure the PUD enhances public spaces, is
complimentary to the site's natural and man-made features and the adjacent
public spaces, and ensures the public's health and safety, The proposed
development shall comply with the following:
], Existing natural or man-made features of the site which are unique, provide
visual interest or a specific reference to the past, or contribute to the identity of
the town are preserved or enhanced in an appropriate manner.
Staff Finding
The proposed PUD request does not alter natural features on the site. Staff does believe that
the proposed roof elements, with the exception of the chimney elements, will increase the
visual interest of the building, which is the primary man-made feature on the site. Staff finds
this criterion to be met if the chimney elements are reduced in size or removed.
2. Structures have been clustered to appropriately preserve significant open spaces
and vistas.
Staff Finding
There is only one building on the parcel and it is an existing building. The siting of the
building is not being altered by the proposed PUD request. Staff finds this criterion not to be
applicable to this request.
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3. Structures are appropriately oriented to public streets, contribute to the urban or
rural context where appropriate, and provide visual interest and engagement of
vehicular and pedestrian movement.
Staff Finding
The proposal is not altering the orientation of the building. However, Staff does believe that
the proposed roof alterations with improve the visual interest of the structure. Staff finds this
criterion to be met.
4. Buildings and access ways are appropriately arranged to allow emergency and
service vehicle access.
Staff Finding
The proposed PUD does not alter the emergency access ways to the building. Staff finds this
criterion not to be applicable to the request.
5. Adequate pedestrian and handicapped access is provided.
Staff Finding
The proposed PUD does not alter the handicapped access to the building. Staff finds this
criterion not to be applicable to the request.
6. Site drainage is accommodated for the proposed development in a practical and
reasonable manner and shall not negatively impact surrounding properties.
Staff Finding
Staff believes that the proposal does not provide an increase in the amount of impervious
land on the development parcels. That said, the Applicant is required to submit a site
drainage plan that has been designed in a manner that ensures that historic drainage rates will
not be increased as a result of the proposed PUD. A professionally licensed engineer shall
design this drainage plan and will be required prior to submittal for a building permit. Staff
finds this criterion to be met.
7. For non-residential land uses, spaces between buildings are appropriately de-
signed to accommodate any programmatic functions associated with the use.
Staff Finding
The proposed PUD does not alter the programmatic spaces between the existing buildings.
Therefore. Staff finds this criterion not to be applicable to this request.
C. Landscape Plan:
The purpose of this standard is to ensure compatibility of the proposed landscape
with the visual character of the city, with surrounding parcels, and with existing
and proposed features of the subject property. The proposed development shall
comply with thefollowing:
1. The landscape plan exhibits a well designed treatment of exterior spaces,
preserving existing significant vegetation, and provides an ample quantity and
variety of ornamental plant species suitable for the Aspen area climate.
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2. Significant existing natural and man-made site features, which provide
uniqueness and interest in the landscape, are preserved or enhanced in an
appropriate manner.
3, The proposed method of protecting existing vegetation and other landscape
features is appropriate,
Staff Finding
The proposed PUD does not alter any landscaping on the site. Staff finds these criteria not to
be applicable to this PUD request.
D. Architectural Character:
It is the purpose of this standard to encourage architectural interest, variety,
character, and visual identity in the proposed development and within the City
while promoting efficient use of resources. Architectural character is based upon
the suitability of a building for its purposes, legibility of the building's use, the
building's proposed massing, proportion, scale, orientation to public spaces and
other buildings, use of materials, and other attributes which may significantly
represent the character of the proposed development. There shall be approved as
part of the final development plan and architectural character plan, which
adequately depicts the character of the proposed development. The proposed
architecture of the development shall:
1. be compatible with or enhance the visual character of the city, appropriately
relate to existing and proposed architecture of the property, represent a
character suitable for, and indicative of, the intended use, and respect the scale
and massing of nearby historical and cultural resources.
Staff Finding
Please see Staffs comments related to the proposed massing in the response to PUD Review
Standard B(2) above.
2. Incorporate, to the extent practical, natural heating and cooling by taking
advantage of the property's solar access, shade, and vegetation and by use of
non- or less-intensive mechanical systems.
Staff Finding
The proposed PUD does not alter the building's ability to use natural heating and cooling
systems. Staff finds this criterion not to be applicable to this request.
3. Accommodate the storage and shielding of snow, ice, and water in a safe an
appropriate manner that does not require significant maintenance.
Staff Finding
The Applicants have proposed appropriate shielding of snow, ice, and water from the
entrances by providing canopies with snow guards over the entranceways. Staff finds this
criterion to be met.
E. Lighting:
The purpose of this standard is to ensure the exterior of the development will be
lighted in an appropriate manner considering both public safety and general
aesthetic concerns. The following standards shall be accomplished:
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1. All lighting is proposed so as to prevent direct glare or hazardous interference
of any king to adjoining streets or lands. Lighting of site features, structures,
and access ways is proposed in an appropriate manner.
Staff Finding
The Applicant is required to, and has consented to meet the City of Aspen Lighting Code for
any exterior lighting that is proposed. Therefore, the proposed development will be lighted
in a manner that will not provide direct glare on adjoining streets or property. The Applicant
will be required to submit a detailed exterior lighting plan to the City Zoning Officer prior to
building permit issuance. Staff believes that the Applicant's required compliance with the
City Lighting Code ensures that the development will be lighted in an appropriate manner.
Staff finds this criterion to be met.
2. All exterior lighting shall be in compliance with the Outdoor Lighting
Standards unless otherwise approved and noted in the final PUD documents.
Up-lighting of site features, buildings, landscape elements, and lighting to call
inordinate attention to the property is prohibited for residential development.
Staff Finding
The Applicant has committed to meet the City of Aspen Lighting Code on the building. Staff
finds this criterion to be met.
G. Common Park, Open Space, or Recreation Area:
If the proposed development includes a common park, open space, or recreation
area for the mutual benefit of all development in the proposed PUD, the following
criteria shall be met:
1. The proposed amount, location, and design of the common park, open space, or
recreation area enhances the character of the proposed development,
considering existing and proposed structures and natural landscape features of
the property, provides visual relief to the property's built form, and is available
to the mutual benefit of the various land uses and property users of the PUD,
Staff Finding
The Applicant is not proposing to alter any common park or open space on the site. Staff
finds this criterion not to be applicable to this request.
2. A proportionate, undivided interest in all common park and recreation areas is
deeded in perpetuity (not for a number of years) to each lot or dwelling unit
owner within the PUD or ownership is proposed in a similar manner.
Staff Finding
The Applicant is not proposing to alter any common park or open space on the site. Staff
finds this criterion not to be applicable to this request.
3. There is proposed an adequate assurance through legal instrument for the
permanent care and maintenance of open spaces, recreation areas, and shared
facilities together with a deed restriction against future residential, commercial,
or industrial development.
Staff Finding
The Applicant is not proposing to alter any common park or open space on the site. Staff
finds this criterion not to be applicable to this request.
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H. Utilities and Public Facilities:
The purpose of this standard is to ensure the development does not impose any
undue burden on the City's infrastructure capabilities and that the public does not
incur an unjustified financial burden. The proposed utilities and public facilities
associated with the development shall comply with the following:
1. Adequate public infrastructure facilities exist to accommodate the development.
Staff Finding
Staff believes that the proposed PUD request does not impose undue burden on the City's
infrastructure capabilities. Staff finds this criterion not to be applicable to this PUD request.
2. Adverse impacts on public infrastructure by the development will be mitigated
by the necessary improvements at the sole cost of the developer.
Staff Finding
Staff believes that the proposed PUD request does not impose undue burden on the City's
infrastructure capabilities. Staff finds this criterion not to be applicable to this PUD request.
3. Oversized utilities, public facilities, or site improvements are provided
appropriately and where the developer is reimbursed proportionately for the
adduionalimprovement.
Staff Finding
The Applicant is not proposing to install oversized utilities or public facilities and it is not
anticipated that the Applicant will be required by the City to provide oversized utilities. Staff
does not find this criterion to be applicable to this application.
I. Access and Circulation (Only standards 1 & 2 apply to Minor PUD applications):
The purpose of this standard is to ensure the development is easily accessible, does
not unduly burden the surrounding road network, provides adequate pedestrian
and recreational trail facilities and minimizes the use of security gates, The
proposed access and circulation of the development shall meet the following
criteria:
1. Each lot, structure, or other land use within the PUD has adequate access to a
public street either directly or through and approved private road, a pedestrian
way, or other area dedicated to public or private use.
Staff Finding
The Applicant has not proposed to alter the existing access to a public street. Staff finds this
criterion to be met.
2. The proposed development, vehicular access points, and parking arrangement
do not create traffic congestion on the roads surrounding the proposed
development, or such surrounding roads are proposed to be improved to
accommodate the development.
Staff Finding
Please see Staff's response to PUD Review Standard 1(2) above.
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J. Phasing of Development Plan.
The purpose of these criteria is to ensure partially completed projects do not create
an unnecessary burden on the public or surrounding property owners and impacts
of an individual phase are mitigated adequately. If phasing of the development
plan is proposed, each phase shall be defined in the adopted final PUD
development plan. The phasing plan shall comply with the following:
I. All phases, including the initial phase, shall be designed to function as a
complete development and shall not be reliant on subsequent phases.
2. The phasing plan describes physical areas insulating, to the extent practical,
occupants of initial phases from the construction of later phases.
3. The proposed phasing plan ensures the necessary or proportionate
improvements to public facilities, payment of impact fees and fees-in-lieu,
construction of any facilities to be used jointly by residents of the PUD,
construction of any required affordable housing, and any mitigation measures
are realized concurrent or prior to the respective impacts associated with the
phase.
Staff Finding
The Applicants are not proposing to phase the construction. Therefore, Staff finds this
criterion not to be applicable.
12
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MEMORANDUM
TO: Mayor Klanderud and City Council
THRU: Chris Bendon, Community Development Director CJA,\AIJ
FROM: James Lindt, Senior Planner:::IL--
RE: Second Reading of Ordinance No, 28, Series of 2006, Lift One Condominiums
Consolidated ConceptuaIlFinal PUD- Public Hearing
DATE: July 24, 2006
ApPLICANT fOWNER:
Lift One Condominium Association,
Inc.
REPRESENTATIVE:
Law Offices of Paul Taddune
LOCATION:
131 E. Durant Avenue
CURRENT ZONING:
Lodge Zone District
PROPOSED LAND USE REQUESTS:
A consolidated conceptual/final PUD
has been requested for the
construction of parapet walls and
pitched roof elements.
SUMMARY:
The Applicant requests the ability to
construct new architectural roof
features and parapet walls to improve
the aesthetics of the building.
Photo Above: Lift One Condominium Building.
STAFF RECOMMENDATION:
Staff was somewhat split on our recommendation
related to the consolidated conceptual/final PUD
request Several members of the planning staff
support the Applicant's efforts to improve the
aesthetics of the aging building, while other
members of the staff question the appropriateness of
allowing a PUD to further vary the allowable
dimensional requirements of an already non-
conformin building to prolong the existence.
REVIEW PROCEDURE:
City Council may approve, approve with conditions, or deny a consolidated conceptual/final
PUD application after considering a recommendation from the Planning and Zoning
Commission pursuant to Land Use Code Section 26.445, Planned Unit Development.
LAND USE REQUESTS:
The Applicant has requested the following land use action to construct parapet and pitched
roof elements on the existing Lift One Condominium Building:
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. Consolidated Conceptual/Final PUD.
PROJECT SUMMARY:
The Applicant, Lift One Condominium Association Inc, has requested a consolidated
conceptual/final PUD to construct gable and parapet roof improvements on certain flat roof
elements that exist on the Lift One Condominiums. The existing building exceeds the height
limit for multi-family residential buildings of twenty-eight (28) feet in the underlying Lodge
(L) Zone District Therefore, a PUD is required because portions of the proposed gable roof
elements will exceed the already non-conforming height of the existing building.
STAFF COMMENTS:
Consolidated ConceTJfual/Final PUD:
The Applicant has requested a consolidated conceptual/final PUD to add some gable roof
elements to areas of the existing flat roof and for an addition of height to the existing
chimneys. As was briefly discussed above, a PUD is necessary to construct these roof
elements because the existing building is over the height limit and the proposed roof
elements would increase the already non-conforming height of the building.
The Applicant has indicated that the gable roof elements and chimneys are being proposed to
modernize the structure and improve the aesthetics of the design. Overall, the proposed
changes to the roof line of the building would increase the overall height as measured by the
City Land Use Code's height methodology by approximately four and a half feet to an
overall height of about 44 feet 6 inches (existing elevations were attached as Exhibit "C" in
the first reading packet). Staff was somewhat split on our opinions as to whether there is a
public benefit to improving the aesthetics of a condominium building that is already non-
conforming related to its dimensional requirements. Some members of Staff feel that there is
public benefit to allowing for a condominium building to be retrofitted with an updated,
modernized look to provide a more visually interesting building. Others on Staff believe that
there is no public benefit in allowing for an already non-conforming free-market residential
building to modernize and prolong the lifespan of a non-conforming building.
That said, the majority of the planning staff members do not believe that the proposed roof
improvements, with the exception of the chimney elements, will push the building out of
scale with the buildings in the immediate neighborhood, which are some of the largest
buildings within the community. However, there was a consensus amongst Staff that the
chimney elements are somewhat overbearing and should be reduced in height and scale from
the drawings provided in City Council's packets. The Planning and Zoning Commission
approved a condition in their resolution requiring that the chimneys not exceed the existing
chimney heights by more than three (3) feet Staff has included this condition in the
proposed ordinance.
STAFF RECOMMENDATION:
As was discussed throughout this memorandum, there was not a consensus amongst
Staff but a majority of the members feel the height increase is appropriate in order to
improve the aesthetics of the building. There is consensus amongst Staff that the larger
chimney elements are somewhat overbearing and should be reduced in scale,
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PLANNING AND ZONING COMMISSION RECOMMENDATION:
The Planning and Zoning Commission recommended that City Council approve the
requested consolidated conceptual/final PUD with the conditions contained in the proposed
ordinance. The majority of the Commissioners indicated that they feel the aesthetic
improvements proposed are a community benefit and that they will not have a significant
impact on the scale of the building. The Commissioner that cast the lone dissenting vote
expressed that he did so because he was concerned that allowing for the height increase of
the already non-conforming building might serve as a precedent for other development
applications and that there may be ways to improve the aesthetics without requiring an
increase in the height as measured by the land use code.
CITY MANAGER'S COMMENTS:
RECOMMENDED MOTION (ALL MOTIONS ARE MADE IN THE AFFIRMATIVE):
"I move to approve Ordinance No. 28, Series of 2006, approving with conditions, a
consolidated conceptual/final PUD to construct gable roof and chimney improvements on
the Lift One Condominiums, 131 E. Durant Avenue, City and Townsite of Aspen."
ATTACHMENTS:
Exhibit A -- Review Criteria and Staff Findings
Exhibit B -- Application (attached in first reading packet)
Exhibit C -- Existing Elevations (attached in first reading packet)
Exhibit D -- Planning and Zoning Commission Minutes
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ORDINANCE NO. 28
(SERIES OF 2006)
AN ORDINANCE OF THE ASPEN CITY COUNCIL APPROVING A
CONSOLIDATED CONCEPTUAL/FINAL PUD TO ALLOW FOR THE LIFT
ONE CONDOMINIUMS TO CONSTRUCT GABLE AND CHIMNEY ROOF
IMPROVEMENTS, CITY OF ASPEN, PITKIN COUNTY, COLORADO,
WHEREAS, the Community Development Department received an application
from the Lift One Condominium Association, owners, represented by Paul Taddune,
requesting approval of a consolidated conceptuallfinal PUD application to construct gable
roof and chimney improvements to the Lift One Condominiums, City and Townsite of
Aspen; and,
WHEREAS, the Applicant requested that the Community Development Director
consolidate the conceptual and final PUD reviews pursuant to Land Use Code Section 26.
445.030(B)(2), Consolidated Conceptual and Final Review; and,
WHEREAS, the Community Development Director granted consent for the
Applicant to consolidate the review of the conceptual and final PUD requests pursuant Land
Use Code Section 26. 445.030(B)(2), Consolidated Conceptual and Final Review, finding
that the application has a limited scope of issues; and,
WHEREAS, a consolidated conceptual/final PUD requires review by City Council
after considering a recommendation from the Community Development Director and the
Planning and Zoning Commission pursuant to Land Use Code Section 26.445, Planned Unit
Development; and,
WHEREAS, during a duly noticed public hearing on June 6, 2006, the Planning
and Zoning Commission approved Resolution No. 21, Series of2006, by a four to one (4-
1) vote, recommending that City Council approve a consolidated conceptual/final PUD to
construct gable roof and chimney improvements to the Lift One Condominiums, City and
Townsite of Aspen; and,
WHEREAS, during a continued public hearing on July 24, 2006, the Aspen City
Council approved Ordinance No. 28, Series of 2006, by a _ to _ L--1 vote,
approving with conditions, a consolidated conceptual/final PUD to construct gable roof
and chimney improvements to the Lift One Condominiums, City and Townsite of Aspen;
and,
WHEREAS, the Aspen City Council has reviewed and considered the development
proposal under the applicable provisions of the Municipal Code as identified herein, has
reviewed and considered the recommendation of the Planning and Zoning Commission, the
Community Development Director, the applicable referral agencies, and has taken and
considered public comment at a public hearing; and,
--.
"-...-I'
WHEREAS, the City Council finds that the development proposal meets or exceeds
all applicable development standards and 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 THAT:
Section I:
Pursuant to the procedures and standards set forth in Title 26 of the Aspen Municipal
Code, City Council hereby approves a consolidated conceptual/final PUD to construct
gable roof and chimney improvements to the Lift One Condominiums, subject to the
conditions contained herein.
Section 2: Final PUD Plans
A final PUD Plan shall be recorded in the Pitkin County Clerk and Recorder's Office
within 180 days of the final approval and shall include the following:
A. A drawing representing the project's architectural character.
Section 3: PUD Approvals
The approvals granted herein are explicitly to allow for the roof and chimney
improvements proposed in the elevation drawings provided to the Planning and Zoning
Commission in preparation for the July 24, 2006 meeting. The building height as shown
on the above referenced elevation drawings is legalized through this PUD, but all other
non-conforming dimensional requirements shall remain non-conforming and are not
legalized through the approval of this PUD. The chimneys shall only be permitted to
extend up to three (3) feet above the height of the existing chimneys.
Section 3:
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 construed and concluded under such
prior ordinances.
Section 4:
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.
Section 5:
A public hearing on this ordinance was held on the 24th day of July, 2006, in the City
Council Chambers, Aspen City Hall, Aspen, Colorado.
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INTRODUCED, READ AND ORDERED PUBLISHED as provided by law, by the City
Council of the City of Aspen on the 26th day of June, 2006.
Helen Kalin Klanderud, Mayor
Attest:
Kathryn S. Koch, City Clerk
FINALLY, adopted, passed and approved by a vote of _ to _L---.J, this 24th day
of July, 2006.
Helen Kalin Klanderud, Mayor
Attest:
Kathryn S, Koch, City Clerk
Approved as to form:
John p, Worcester, City Attorney
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EXHIBIT "A"
PLANNED UNIT DEVELOPMENT (PUD)
REVIEW CRITERIA & STAFF FINDINGS
In accordance with Section 26.445.050 of the Land Use Code, an application requesting
conceptual PUD approval requires that the following review standards be met.
A. General Requirements.
1. The proposed development shall be consistent with the Aspen Area Community
Plan.
Staff Finding
Staff feels that the proposal to add gable roof elements to the Lift One Condominiums is
consistent with several of the goals and objectives of the AACP. First, the proposed gable
roof elements improve the complex's design quality as is encourage in the "design quality"
section of the AACP. Second, Staff feels that the plan to modernize the existing building is
consistent with the AACP's action plan objective of supporting the restoration of existing
buildings. However, there were some on Staff that feel that there is no public benefit to
modernizing and prolonging the lifespan of a building that is non-conforming. Staff could
not reach a consensus on finding this criterion to be met.
2, The proposed development shall be consistent with the character of existing
land uses in the surrounding area.
Staff Finding
The proposed PUD request does not alter the use of the existing building and the existing use
of residential units, many of which are rented on a short-term basis, is consistent with the
land uses in the immediate vicinity. Staff finds this criterion to be met.
3, The proposed development shall not adversely affect the future development of
the surrounding area.
Staff Finding
Staff does not believe that the proposed request will adversely affect the future development
ofthe surrounding properties. Therefore, Staff finds this criterion to be met.
4. The proposed development has either been granted GMQS allotments, is
exempt from GMQS, or GMQS allotments are available to accommodate the proposed
development and will be considered prior to, or in combination with, final PUD
development plan review.
Staff Finding
The proposed PUD request to provide the roofline changes do not increase the free-market
residential FAR of the structure or number of free-market residential units and is exempt
from GMQS. Staff finds this criterion not to be applicable to this PUD request.
B. Establishment of Dimensional Requirements:
The final PUD development plans shall establish the dimensional requirements for all
properties within the PUD. The dimensional requirements of the underlying zone
district shall be used as a guide in determining the appropriate dimensions for the
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PUD.. During review of the proposed dimensional requirements, compatibility with
surrounding land uses and existing development patterns shall be emphasized.
1, The proposed dimensional requirements for the subject property are appropriate and
compatible with the following influences on the property:
a) The character of, and compatibility with, existing and expected future land
uses in the surrounding area.
b) Natural and man-made hazards.
c) Existing natural characteristics of the property and surrounding area such
as steep slopes, watenvays, shade, and significant vegetation and
landforms.
d) Existing and proposed man-made characteristics of the property and the
surrounding area such as noise, traffic, transit, pedestrian circulation,
parking, and historical resources,
Staff Finding
The only dimensional requirement that is being altered by the proposed PUD is the allowable
height of the building. The building is already over the permitted height limit in the zone
district and the roofline changes to the proposed building only cause a minor change in the
height of the building as is measured by the City Land Use Code's building height
methodology. Some members of the Planning Staff believe that the proposed gable roof
elements are a positive change to the design of the building and the new height limit is
consistent with many of the multi-family and lodging structures at the base of Aspen
Mountain in the immediate neighborhood.
Once again, there is also a contingent on the Staff that feels that it is not appropriate to allow
for a non-conforming building to prolong it's lifespan through modernizing the exterior look
if the modernization increases the extent to which it is not consistent with the dimensional
requirements of the zone district in which it is located. That said, the Staff feels that the
chimney structures are somewhat overbearing and are not consistent with the character of
structures in the immediate vicinity. Staff could not reach a consensus on finding this
criterion to be met.
], The proposed dimensional requirements permit a scale, massing, and quantity of open
space and site coverage appropriate and favorable to the character of the proposed
PUD and of the surrounding area.
Staff Finding
The only dimensional requirement that is being altered by the proposed PUD is the allowable
height of the building. The building is already over the permitted height limit in the zone
district and the roofline changes to the proposed building only cause a minor change in the
height of the building as is measured by the City Land Use Code's building height
methodology. Some members of the Planning Staff believe that the proposed gable roof
elements are a positive change to the design of the building and the new height limit is
consistent with many of the multi-family and lodging structures at the base of Aspen
Mountain in the immediate neighborhood.
Once again, there is also a contingent on the Staff that feels that it is not appropriate to allow
for a non-conforming building to prolong it's lifespan through modernizing the exterior look
if the modernization increases the extent to which it is not consistent with the dimensional
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requirements of the zone district in which it is located. That said, the Staff feels that the
chimney structures are somewhat overbearing and are not consistent with the character of
structures in the immediate vicinity. Staff could not reach a consensus on finding this
criterion to be met.
3, The appropriate number of off-street parking spaces shall be established based on
the following considerations:
a) The probable number of cars used by those using the proposed development
including any non-residential land uses.
b) The varying time periods of use, whenever joint use of common parking is
proposed
c) The availability of public transit and other transportation facilities,
including those for pedestrian access and/or the commitment to utilize
automobile disincentive techniques in the proposed development.
d) The proximity of the proposed development to the commercial core and
general activity centers in the city.
Staff Finding
The proposed PUD request does not alter the number of off-street parking spaces. Staff finds
this criterion not to be applicable to this request.
4. The maximum allowable density within a PUD may be reduced if there exists
insufficient infrastructure capabilities. Specifically, the maximum density of a
PUD may be reduced if:
a) There is not sufficient water pressure, drainage capabilities, or other
utilities to service the proposed development.
b) There are not adequate roads to ensure fire protection, snow removal, and
road maintenance to the proposed development.
Staff Finding
The Applicant is not requesting to reduce the density of the project. Staff finds this criterion
not to be applicable to this request.
5. The maximum allowable density within a PUD may be reduced if there exists
natural hazards or critical natural site features. Specifically, the maximum
density of a PUD may be reduced if:
a) The land is not suitable for the proposed development because of ground
instability or the possibility of mud flow, rock falls or avalanche dangers,
b) The effects of the proposed development are detrimental to the natural
watershed, due to runoff, drainage, soil erosion, and consequent water
pollution,
c) The proposed development will have a pernicious effect on air quality in the
surrounding area and the City,
d) The design and location of any proposed structure, road, driveway, or trail
in the proposed development is not compatible with the terrain or causes
harmful disturbance to critical natural features of the site.
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Staff Finding
The Applicant is not requesting to reduce the density of the project. Staff finds this criterion
not to be applicable to this request.
6. The maximum allowable density within a PUD may be increased if there exists a
significant community goal to be achieved through such increase and the
development pattern is compatible with its surrounding development patterns and
with the site's physical constraints, Specifically, the maximum density of a PUD
may be increased if:
a) The increase in density serves one or more goals of the community as
expressed in the Aspen Area Community Plan (AACP) or a specific area
plan to which the property is subject.
b) The site's physical capabilities can accommodate additional density and
there exists no negative physical characteristics of the site, as identified in
subparagraphs 4 and 5, above, those areas can be avoided, or those
characteristics mitigated.
c) The increase in maximum density results in a development pattern
compatible with, and complimentary to, the surrounding existing and
expected development pattern, land uses, and characteristics.
Staff Finding
The Applicants are not requesting to increase the allowable density through the proposed
PUD. Staff finds this criterion not to be applicable to this request.
B, Site Design:
The purpose of this standard is to ensure the PUD enhances public spaces, is
complimentary to the site's natural and man-made features and the adjacent
public spaces, and ensures the public's health and safety, The proposed
development shall comply with the following:
1. Existing natural or man-made features of the site which are unique, provide
visual interest or a specific reference to the past, or contribute to the identity of
the town are preserved or enhanced in an appropriate manner,
Staff Finding
The proposed PUD request does not alter natural features on the site. Staff does believe that
the proposed roof elements, with the exception of the chimney elements, will increase the
visual interest of the building, which is the primary man-made feature on the site. Staff finds
this criterion to be met if the chimney elements are reduced in size or removed.
2. Structures have been clustered to appropriately preserve significant open spaces
and vistas.
Staff Finding
There is only one building on the parcel and it is an existing building. The siting of the
building is not being altered by the proposed PUD request. Staff finds this criterion not to be
applicable to this request.
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3. Structures are appropriately oriented to public streets, contribute to the urban or
rural context where appropriate, and provide visual interest and engagement of
vehicular and pedestrian movement.
Staff Finding
The proposal is not altering the orientation of the building. However, Staff does believe that
the proposed roof alterations with improve the visual interest of the structure. Staff finds this
criterion to be met
4, Buildings and access ways are appropriately arranged to allow emergency and
service vehicle access.
Staff Finding
The proposed PUD does not alter the emergency access ways to the building. Staff finds this
criterion not to be applicable to the request
5. Adequate pedestrian and handicapped access is provided.
Staff Finding
The proposed PUD does not alter the handicapped access to the building. Staff finds this
criterion not to be applicable to the request
6. Site drainage is accommodated for the proposed development in a practical and
reasonable manner and shall not negatively impact surrounding properties.
Staff Finding
Staff believes that the proposal does not provide an increase in the amount of impervious
land on the development parcels. That said, the Applicant is required to submit a site
drainage plan that has been designed in a manner that ensures that historic drainage rates will
not be increased as a result of the proposed PUD. A professionally licensed engineer shall
design this drainage plan and will be required prior to submittal for a building permit Staff
finds this criterion to be met
7. For non-residential land uses, spaces between buildings are appropriately de-
signed to accommodate any programmatic functions associated with the use.
Staff Finding
The proposed PUD does not alter the programmatic spaces between the existing buildings.
Therefore, Staff finds this criterion not to be applicable to this request
C. Landscape Plan:
The purpose of this standard is to ensure compatibility of the proposed landscape
with the visual character of the city, with surrounding parcels, and with existing
and proposed features of the subject property. The proposed development shall
comply with thefollowing:
1. The landscape plan exhibits a well designed treatment of exterior spaces,
preserving existing significant vegetation, and provides an ample quantity and
variety of ornamental plant species suitable for the Aspen area climate.
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2. Significant existing natural and man-made site features, which provide
uniqueness and interest in the landscape, are preserved or enhanced in an
appropriate manner,
3. The proposed method of protecting existing vegetation and other landscape
features is appropriate.
Staff Finding
The proposed PUD does not alter any landscaping on the site. Staff finds these criteria not to
be applicable to this PUD request
D, Architectural Character:
It is the purpose of this standard to encourage architectural interest, variety,
character, and visual identity in the proposed development and within the City
while promoting efficient use of resources, Architectural character is based upon
the suitability of a building for its purposes, legibility of the building's use, the
building's proposed massing, proportion, scale, orientation to public spaces and
other buildings, use of materials, and other attributes which may significantly
represent the character of the proposed development. There shall be approved as
part of the final development plan and architectural character plan, which
adequately depicts the character of the proposed development. The proposed
architecture of the development shall:
1. be compatible with or enhance the visual character of the city, appropriately
relate to existing and proposed architecture of the property, represent a
character suitable for, and indicative of, the intended use, and respect the scale
and massing of nearby historical and cultural resources,
Staff Finding
Please see Staffs comments related to the proposed massing in the response to PUD Review
Standard B(2) above.
2. Incorporate, to the extent practical, natural heating and cooling by taking
advantage of the property's solar access, shade, and vegetation and by use of
non- or less-intensive mechanical systems,
Staff Finding
The proposed PUD does not alter the building's ability to use natural heating and cooling
systems. Staff finds this criterion not to be applicable to this request.
3. Accommodate the storage and shielding of snow, ice, and water in a safe an
appropriate manner that does not require significant maintenance.
Staff Finding
The Applicants have proposed appropriate shielding of snow, ice, and water from the
entrances by providing canopies with snow guards over the entranceways. Staff finds this
criterion to be met
E. Lighting:
The purpose of this standard is to ensure the exterior of the development will be
lighted in an appropriate manner considering both public safety and general
aesthetic concerns, The following standards shall be accomplished:
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1. All lighting is proposed so as to prevent direct glare or hazardous interference
of any king to adjoining streets or lands, Lighting of site features, structures,
and access ways is proposed in an appropriate manner.
Staff Finding
The Applicant is required to, and has consented to meet the City of Aspen Lighting Code for
any exterior lighting that is proposed. Therefore, the proposed development will be lighted
in a manner that will not provide direct glare on adjoining streets or property. The Applicant
will be required to submit a detailed exterior lighting plan to the City Zoning Officer prior to
building permit issuance. Staff believes that the Applicant's required compliance with the
City Lighting Code ensures that the development will be lighted in an appropriate manner.
Staff finds this criterion to be met.
2, All exterior lighting shall be in compliance with the Outdoor Lighting
Standards unless otherwise approved and noted in the final PUD documents.
Up-lighting of site features, buildings, landscape elements, and lighting to call
inordinate aUention to the property is prohibited for residential development,
Staff Finding
The Applicant has committed to meet the City of Aspen Lighting Code on the building. Staff
finds this criterion to be met
G. Common Park, Open Space, or Recreation Area:
If the proposed development includes a common park, open space, or recreation
area for the mutual benefit of all development in the proposed PUD, the following
criteria shall be met:
1, The proposed amount, location, and design of the common park, open space, or
recreation area enhances the character of the proposed development,
considering existing and proposed structures and natural landscape features of
the property, provides visual relief to the property's built form, and is available
to the mutual benefit of the various land uses and property users of the PUD.
Staff Finding
The Applicant is not proposing to alter any common park or open space on the site. Staff
finds this criterion not to be applicable to this request
2. A proportionate, undivided interest in all common park and recreation areas is
deeded in perpetuity (not for a number of years) to each lot or dwelling unit
owner within the PUD or ownership is proposed in a similar manner.
Staff Finding
The Applicant is not proposing to alter any common park or open space on the site. Staff
finds this criterion not to be applicable to this request
3. There is proposed an adequate assurance through legal instrument for the
permanent care and maintenance of open spaces, recreation areas, and shared
facilities together with a deed restriction against future residential, commercial,
or industrial development
Staff Finding
The Applicant is not proposing to alter any common park or open space on the site. Staff
finds this criterion not to be applicable to this request
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H. Utilities and Public Facilities:
The purpose of this standard is to ensure the development does not impose any
undue burden on the City's infrastructure capabilities and that the public does not
incur an unjustified financial burden. The proposed utilities and public facilities
associated with the development shall comply with the following:
1. Adequate public infrastructure facilities exist to accommodate the development.
Staff Finding
Staff believes that the proposed PUD request does not impose undue burden on the City's
infrastructure capabilities. Staff finds this criterion not to be applicable to this PUD request
2. Adverse impacts on public infrastructure by the development will be mitigated
by the necessary improvements at the sole cost of the developer.
Staff Finding
Staff believes that the proposed PUD request does not impose undue burden on the City's
infrastructure capabilities. Staff finds this criterion not to be applicable to this PUD request
3. Oversized utilities, public facilities, or site improvements are provided
appropriately and where the developer is reimbursed proportionately for the
additional improvement.
Staff Finding
The Applicant is not proposing to install oversized utilities or public facilities and it is not
anticipated that the Applicant will be required by the City to provide oversized utilities. Staff
does not find this criterion to be applicable to this application.
1. Access and Circulation (Only standards 1 & 2 apply to Minor PUD applications):
The purpose of this standard is to ensure the development is easily accessible, does
not unduly burden the surrounding road network, provides adequate pedestrian
and recreational trail facilities and minimizes the use of security gates. The
proposed access and circulation of the development shall meet the following
criteria:
1. Each lot, structure, or other land use within the PUD has adequate access to a
public street either directly or through and approved private road, a pedestrian
way, or other area dedicated to public or private use.
Staff Finding
The Applicant has not proposed to alter the existing access to a public street Staff finds this
criterion to be met
2. The proposed development, vehicular access points, and parking arrangement
do not create traffic congestion on the roads surrounding the proposed
development, or such surrounding roads are proposed to be improved to
accommodate the development.
Staff Finding
Please see Staffs response to PUD Review Standard 1(2) above.
II
"'"
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,
J. Phasing of Development Plan.
The purpose of these criteria is to ensure partially completed projects do not create
an unnecessary burden on the public or surrounding property owners and impacts
of an individual phase are mitigated adequately. If phasing of the development
plan is proposed, each phase shall be defined in the adopted final PUD
development plan. The phasing plan shall comply with the following:
1. All phases, including the initial phase, shall be designed to function as a
complete development and shall not be reliant on subsequent phases.
2. The phasing plan describes physical areas insulating, to the extent practical,
occupants of initial phases from the construction of later phases.
3, The proposed phasing plan ensures the necessary or proportionate
improvements to public facilities, payment of impact fees and fees-in-lieu,
construction of any facilities to be used jointly by residents of the PUD,
construction of any required affordable housing, and any mitigation measures
are realized concurrent or prior to the respective impacts associated with the
phase.
Staff Finding
The Applicants are not proposing to phase the construction. Therefore, Staff finds this
criterion not to be applicable.
12
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GXh,h/f 'YY
CITY OF ASPEN PLANNING & ZONING COMMISSION
Minutes - June 06. 2006
,
Steve Skadron asked if the free-market and affordable units could apply for a
Street Parking pass in the Core. Lindt replied that was correct as long as they had
an address.
The 2005 growth management allotments were discussed,
No public comments.
Brain Speck stated that he would like to see parking but that was not possible for
this project. Speck stated this was a project that he could support. Mary Liz
Wilson said that she also could support this project. Ruth Kruger commended the
applicant for coming in with a project that addresses what the infill was looking
for; additional housing and respectfully placed affordable housing.
MOTION: Brain Speck moved to approve resolution #20, Series 2006, approving
with conditions, a growth management review for the development offree-market
residential units within a mixed use project and a growth management review for
the development of affordable housing; acknowledging the condominiumization of
the development is to be approved by the Community Development Director, and
recommending that the City Council approve with conditions, the Ajax Mountain
Building Subdivision to develop a free-market residential unit and a two-bedroom
affordable housing unit on the roofofthe existing Ajax Mountain Building at 520
East Durant Avenue. Seconded by Dylan Johns. Roll call vote: Wilson, yes;
Skadron, yes; Speck, yes; Johns, yes; Kruger, yes. APPROVED 5-0.
PUBLIC HEARlNG
LIFT ONE GROWTH MANAGEMENT REVIEW
Ruth Kruger opened the public hearing on the Lift One. James Lindt stated that
the notices were provided. Lindt stated this was a public hearing to consider an
application submitted by the Lift One Condo Association; requesting growth
management review for affordable housing and special review to establish
affordable housing parking requirements and a consolidated conceptual final PUD.
The applicant requested a continuance on the growth management review and
special review for parking to amend their plans for the affordable housing unit.
Lindt distributed a revised resolution for the PUD request for the applicant's to do
parapet elements as well as pitched roof elements to the existing flat roofs on the
existing Lift One Condo, which was over the height limit (40 feet in height). The
applicant also proposed increasing the sizes and heights of the chimneys. The
4
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-
CITY OF ASPEN PLANNING & WNING COMMISSION
Minutes - June 06. 2006
applicant proposed these changes to enhance the quality of the building
appearance. Staff felt the chimney sizes should be scaled down.
Paul Taddune showed what the building looks like now; their proposal was purely
aesthetic trying to bring up the character of the building.
Mary Liz Wilson asked if the chimneys were being made larger and asked for the
current and new dimensions. Seth, applicant's investment representative, replied
the width stays the same and they originally wanted to increase the chimney
heights for better draw. Seth said that the heights would not help the chimney
draw so heights for the chimneys would be increased only by 2 to 3 feet.
Steve Skadron asked what the alternative was to not extending the life of a non-
conforming building. James Lindt responded there were code requirements that
suggest the extension of the life and use of a building by beautifying an existing
building however the other side of the coin would be if the building were
demolished they would have to come back to fit into the code requirements in that
zone district.
Ruth Kruger asked if they were adding some more affordable housing units. Lindt
replied that was the plan. Paul Taddune responded there was a free-market unit in
the basement owned by the association and they were running up against housing
regulations as to how big a unit was needed for a certain category. The
Homeowners Association would like to have an on site manager in that unit with a
six month minimum lease. Taddune said the employee housing was already there
as a so called bandit unit, which has been there since the condominium was built.
Taddune explained as the law stands now the unit cannot exist. Lindt said that
Staff suggested the applicant go back to the housing board to authorize the unit.
Kruger stated that it would be a shame to loose this unit as an affordable housing
unit since it had been an employee unit for years. Taddune stated the association
would like to have someone on site.
Taddune said there would be no increase in FAR and no impact on requirements.
No public comments.
Wilson said the height was only in the parapet areas and felt it could improve the
building and would rather see the building improved rather than torn down.
Dylan Johns said this added to the character of the building and the overall impact
was minimal for what it does. Johns agreed with the chimneys being lowered to 2
5
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CITY OF ASPEN PLANNING & ZONING COMMISSION
Minutes - June 06. 2006
to 3 feet above the existing chimneys. Kruger asked for clarification on the heights
of the addition to the chimneys.
Skadron complimented the applicant on the improvement to the building but was
not convinced this was the only design that was eclectic in the community.
Skadron expressed concern for the height and would probably vote no on this
application.
MOTION: Dylan Johns moved to approve Resolution #21, series 2006,
recommending City Council approve the text amendments to Section
26. 710. 190(D)(2)(a) Lodge Zone District with conditions the Lift One
Condominiums and not to exceed the increase the height by three feet (3 ~ for the
chimneys; seconded by Mary Liz Wilson. Roll call vote: Speck, yes; Wilson, yes;
Skadron, no; Johns, yes; Kruger, yes. APPROVED 4-1.
Kruger requested that housing maintain the employee unit.
MOTION: Steve Skadron moved to continue the growth management review for
the Lift One Condominiums to September 5, 2006; seconded by Mary Liz Wilson.
All infavor, APPROVED.
PUBLIC HEARING:
CODE AMENDMENT - mSTORIC PRESERVATION TDRS IN THE
MULTI-FAMILY RESIDENTIAL DISTRICT
Ruth Kruger opened the public hearing for the Historic Preservation TORs.
Jennifer Phelan provided the proof of notice and stated the applicant, Dan
Coleman, was represented by Eric Cohen. Staff sponsored this code amendment.
Phelan said the request was to allow non-conforming, non-historic lots 5,000
square feet or less with a single family or duplex residence the ability to land one
historic 250 square foot TOR in the Residential Multi-family Zone District (RMF).
Phlen stated the historic TDR was created by a person who owns a historic parcel
with floor area that they agree not to develop and it was turned into a TOR. The
intent of the historic TDR was to create an avenue for income generation for
historic property. Phelan said there were a number of historic TDR landing sites in
the R-6, R-l5, R-15A, R-15B and R-30 Zone Districts, which were primarily
single family and duplex developments. Phelan said after working with the
assessor and GIS they found approximately 9 lots that could actually land these
TORs.
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AFFIDAVIT OF PUBLIC NOTICE
REQUIRED BY SECTION 26.304.060 (E), ASPEN LAND USE CODE
SCHEDULED PUBLIC HEARING DATE:
,200_
ADDRESS OF PROPERTY:
ST ATE OF COLORADO )
) ss.
County of Pitkin )
I, ~IAA. r:/ _ S , t '[/1 ('f J- (name, please print)
being or representing an Appl ant 0 the CIty of Aspen, Colorado, hereby personally
certify that I have complied with the public notice requirements of Section 26.304.060
(E) of the Aspen Land Use Code in the following manner:
---4 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 at least fifteen (15)
days prior to the public hearing. A copy of the publication is attached hereto.
_ Posting of notice: By posting of notice, which form was obtained frO$ the
Community Development Department, which was made of suitable, '}
waterproof materials, which was not less than twenty-two (22) inches wide
and twenty-six (26) inches high, and which was composed ofletters not
less than one inch in height. Said notice was posted at least fifteen (15) days
prior to the public hearing and was continuously visible from the _ day of
, 200 , to and including the date and time of the public
hearing. A photograph of the posted notice (sign) is attached hereto.
_ Mailing of notice. By the mailing of a notice obtained from the Community
Development Department, which contains the information described in Section
26.304.060(E)(2) of the Aspen Land Use Code. At least fifteen (15) days prior to
the public hearing, notice was hand delivered or mailed by first class postage
prepaid U.S. mail to all owners of property within three hundred (300) feet of the
property subject to the development application. The names and add~esses of
property owners shall be those on the current tax records of Pitkin COlJIlty as they
appeared no more than sixty (60) days prior to the date of the public h~ng. A
copy of the owners and governmental agencies so noticed is attached hereto.
(continued on next page)
,..."
-
-
Rezoning or text amendment. Whenever the official zoning district map is in
any way to be changed or amended incidental to or as part of a general revision
of this Title, or whenever the text of this Title is to be amended, whether such
revision be made by repeal of this Title and enactment of a new land use
regulation, or otherwise, the requirement of an accurate survey map or other
sufficient legal description of, and the notice to and listing of names and
addresses of owners of real property in the area of the proposed change shall
be waived. However, the proposed zoning map shall be available for public
inspection in the planning agency during all business hours for fifteen (15) days
prior to the public hearing on such amendments.
The f~ffid,,'t ofNoti')''' w~ "tawwl"",,,,, "'fore me ilil, ;n(,
of ,2006-, by ~F25 LtIJI::1j
luly 9, 2006 .}spen Times Weekly
WITNESS MY HAND AND OFFICIAL SEAL
My commission expires: -04' J /7;/01
/'
PUBLIC NOTICE
RE- UIT ONE CONDOMINIUMS CONSOLIDATED
CONCEPTUAWRNALPUD
NOTICE IS HEREBY GIVEN thaI a public
hearingwHl beheld on Monday, July 24, 2006, at
a meeting to beg:ln at 5:00 p.m. before the A&-
pen City Council, Council Chambers, City Hall.
1.105. GalenaSI.. Aspen, to consider an applica-
tion submitted by the Lift Doe Condominium As-
sociatloll,Jnc, requesting approval ofa consoli_
dated conceptual; final PUD application 10 add
parapet and gable roof elements to the roof of
the Uft One Condominiums. The subject proper-
ty is located at 131 E. Durant Avenue and is com-
monly known as the Wt One Condominiums
The contact information for the Applicant Is as
follows: Lift One Condominium Association, 131
E. Durant Avenue, AsP~~O 8i61 1
For further Informalio contact James Undt at
the City of Aspen Co unity Development De-
partment, 130 S. alena St.. Aspen, CO
970.429.2763, (or b email jamesl@cLaspen
.co.us).
s/Helen Kalin Klanderud
Aspen City Council
Published in the Aspen Times Weekly on July 9,
2006.(3870)
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ATTACHMENTS:
tpy OF THE PUBLICATION
rI OF THE POSTED NOTICE (SIGN)
GOVERNMENTAL AGENCIES NOTICED
BY MAIL
AFFIDAVIT OF PUBLIC NOTICE
REQUIRED BY SECTION 26.304.060 (E), ASPEN LAND USE CODE
ADDRESS OF PROPERTY: 131 East Durant Avenue, Aspen, CO
SCHEDULED PUBLIC HEARING DATE: July 24, 2006
STATE OF COLORADO )
) ss.
County of Pitkin )
I, 'PAVL -T. T~0pl)Nt: (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) 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 at least fifteen (15)
days prior to the public hearing. A copy of the publication is attached hereto.
&- Posting of notice: By posting of notice, which form was obtained from the
Community Development Department, which was made of suitable,
waterproof materials, which was not less than twenty-two (22) inches wide
and twenty-six (26) inches high, and which was composed ofletters not
less than one inch in height. Said notice was posted at least fifteen (15) days
prior to the public hearing and was continuously visible from the S~ay of
::iA~ ,200 (:, , to and including the date and time of the public
heari g. A photograph of the posted notice (sign) IS attached hereto.
~ Mailing of notice. By the mailing of a notice obtained from the Community
Development Department, which contains the information described in Section
26.304.060(E)(2) of the Aspen Land Use Code. At least fifteen (15) days prior to
the public hearing, notice was hand delivered or mailed by first class postage
prepaid U.S. mail to all owners of property within three hundred (300) feet of the
property subject to the development application. The names and addresses of
property owners shall be those on the current tax records of Pitkin County as they
appeared no more than sixty (60) days prior to the date of the public hearing. A
copy of the owners and governmental agencies so noticed is attached hereto.
(continued on next page)
1111"'",
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"''''
.. ./
Rezoning or text amendment. Whenever the official zoning district map is in
any way to be changed or amended incidental to or as part of a general revision
of this Title, or whenever the text of this Title is to be amended, whether such
revision be made by repeal of this Title and enactment of a new land use
regulation, or otherwise, the requirement of an accurate survey map or other
sufficient legal description of, and the notice to and listing of names and
addresses of owners of real property in the area of the proposed change shall
be waived. However, the proposed zoning map shall be available for public
inspection in the planning agency during all business hours for fifteen (15) days
prior to the public hearing on such amendments.
-~
Signature
--y'!H--
The f<2.r~g 1ffidavit of Notice" was acknowledged before me this~~a~
of ~{f(: , 200-k, by P"J-OL.~. T~j;L!f'-JL--
WITNESS MY HAND AND OFFICIAL SEAL
1 zfn"/7-O:/B
l-UUi'\.......-.--
Notary Public
ATTACHMENTS:
COPY OF THE PUBLICATION
PHOTOGRAPH OF THE POSTED NOTICE (SIGN)
LIST OF THE OWNERS AND GOVERNMENTAL AGENCIES NOTICED
BY MAIL
" ~
PUBLIC NOTICE
RE: LIFT ONE CONDOMINIUMS CONSOLIDATED CONCEPTUAL/FINAL PUD
NOTICE IS HEREBY GIVEN that a public hearing will be held on Monday, July 24, 2006, at
a meeting to begin at 5:00 p.m. before the Aspen City Council, Council Chambers, City Hall, 130
S. Galena St., Aspen, to consider an application submitted by the Lift One Condominium
Association, Inc. requesting approval of a consolidated conceptual/final PUD application to add
parapet and gable roof elements to the roof of the Lift One Condominiums. The subject property
is located at 131 E. Durant Avenue and is commonly known as the Lift One Condominimns. The
contact information for the Applicant is as follows: Lift One Condominium Association, 131 E.
Durant Avenue, Aspen, CO 81611
For further information, contact James Lindt at the City of Aspen Community Development
Department, 130 S. Galena St., Aspen, CO 970.429.2763, (or by emailjamesl@ci.aspen.co.us).
s/Helen Kalin Klanderud
Aspen City Council
Published in the Aspen Times on July 2, 2006
City of Aspen Account
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124 E DURANT AVENUE LLC
c/o WOGAN WENDY
533 W FRANCIS
ASPEN. CO 81611
ALPINE BANK ASPEN
600 E HOPKINS AVE
ASPEN, CO 81611
ASPEN LAND FUND II LLC
660 NEWPORT CENTER DR #500
NEWPORT BEACH, CA 92660
BLACKWELL CLARENCE A & ANNE H
PO BOX 3180
ANNAPOLIS, MD 21403
BRIGHT GALEN
205 E DURANT AVE #3D
ASPEN, CO 81611-3813
BRUMDER PHILIP G & ASMUTH
ANTHONY
QUARLES & BRADY C/O
411 E WISCONSIN AVE STE 2500
MILWAUKEE, WI 53202
CALLAHAN PATRICIA
0184 MOUNTAIN LAUREL DR
ASPEN, CO 81611
CASPER MARY LYNN
124 E DURANT #4
ASPEN, CO 81611
CHRISTENSEN CINDY
109 JUAN ST
ASPEN, CO 81611
COHN PETER L
1601 S CENTRAL AVE
GLENDALE, CA 91204
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710 SOUTH ASPEN LLC
314 S GALENA ST STE 200
ASPEN, CO 81611
AL YEMENI MOHAMMED & ALICE
3109 OAKMONT DR
STATESVILLE. NC 28625
BARBEE MARY K L1V TRUST
625 SKYLINE DR
CODY, WY 82414
BOURGAULT MARY JANE
555 E DURANT AVE #4J
ASPEN, CO 81611
BRITTON CARl
PO BOX 12131
ASPEN, CO 81612
CABELL JOE
C/O CHARTHOUSE
1765 ALA MOANA BLVD
HONOLULU, HI 96815
CARLSON KEITH
101 E COOPER #302
ASPEN, CO 81611
CHAPLIN ARLENE & WAYNE
54 LAGORCE CIR
MIAMI BEACH, FL 33141
CITY OF ASPEN
130 S GALENA ST
ASPEN,CO 81611
COLEMAN ISAIAH
PO BOX 11239
ASPEN, CO 81612
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ALLEN DOUGLAS P
403 LACET LN
ASPEN, CO 81611
ASPEN LAND FUND II LLC
302 E HOPKINS AVE
ASPEN, CO 81611
BENT FORK LLC
C/O FESUS GEORGE
POBOX 91 97
ASPEN, CO 81612
BRENNAN JACQUELINE NANCY
31 TRAINORS LANDING
ASPEN, CO 81611
BROWNELL LORRAINE B
1030 SECOND ST
MORGAN CITY, LA 70380
CAIN DOUGLAS M
CAIN CONSTANCE MOFFIT TRUSTEES
1960 HUDSON ST
DENVER, CO 80220
CARRUTHERS MARILYN
101 E COOPER #301
ASPEN, CO 81611
CHRISPAT ASPEN LLC
CHRISTINE FERER
1107 FIFTH AVE
NEW YORK, NY 10128
COHEN ARTHUR S
IBSEN 72
MEXICO CITY MEXICO, 11560
CROCKETT RUFUS
PO BOX 3837
ASPE'N, CO 81612
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CROW MARGERY K & PETER 0
46103 HIGHWAY 6 & 24
GLENWOOD SPRINGS, CO 81601
DANCING BEAR LAND LLC
124 ANNAPOLIS LN
PONTE VERDA, FL 32082
DUNN STEVEN G
107 JUAN ST
ASPEN, CO 81611
EVANS DAVID COURTNEY
PO BOX 952
ASPEN, CO 81612
FELDMAN SELMA
300 S POINTE DR APT 2403
MIAMI BEACH, FL 33139-7329
FREIRICH MARK A
PO BOX 774056
STEAMBOAT SPRINGS, CO 80477
GEORGIEFF KATHERINE TRUSTEE OF
THE
KATHERINE GEORGIEFF REVOCABLE
LIVING TRS
#11 TOPPING LN
ST LOUIS, MO 63131
GOLDSMITH ADAM 0
PO BOX 9069
ASPEN, CO 81612
HElM WILLIAM 0
124 E DURANT AVE APT 1
ASPEN, CO 81611-1769
HERRON SANDRA A
119 E COOPER AVE APT 19
ASPEN, CO 81611-1761
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CYS RICHARD L AND KAREN L
5301 CHAMBERLIN AVE
CHEVY CHASE, MD 20815
DOLlNSEKJOHN
619 S MONARCH ST
ASPEN, CO 81611
ELLIS DIANA L ROQUE TRUSTEE
13320 MULHOLLAND DR
BEVERLY HILLS, CA 90210
FARINO CAROL
PO BOX 10421
ASPEN, CO 81612
FLETCHER KAREN K & JAY R
PO BOX 3476
ASPEN, CO 81612
FUQUA ALVAH 0 JR & OIANNE L
446 LAKE SHORE DR
SUNSET BEACH, NC 28468
GILLESPIE JOHN E REVOCABLE TRUST
775 GULFSHORE DR #4219
DESTIN, FL 32541
GUBSER NICHOLAS J
PO BOX 870
ASPEN, CO 81612
HEIMANN GEORGE R
100 E DEAN ST #2E
ASPEN, CO 81611-1967
HILL EUGEN DUBOSE III & JOAN LUISE
TRST
PO BOX 129
PRIDES CROSSING, MA 01965
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CZAJKOWSKI SANDRA J
90 LA SALLE ST APT 16G
NEW YORK, NY 10027
DONCER JOYCE TRUST
7641 W 123RD PL
PALOS HEIGHTS, IL 60463
ELLIS PAUL DAVID
100 E DEAN ST #2F
ASPEN, CO 81611
FARR BRUCE K & GAIL H
PO BOX 5142
ASPEN, CO 81612
FOX THOMAS H
119 E COOPER AVE
ASPEN, CO 81611
GAR MISCH LLC
CIO MIE PROPERTIES
2560 LORD BALTIMORE DR
WINDSOR MILL, MD 21244
GINSBURG ANNE C & ROBERT B
7933 YORKSHIRE CT
BOCA RATON, FL 33496-1323
HATCHER HUGH S
205 E DURANT AVE APT 2E
ASPEN, CO 81611
HENRY WAYNE SCOTT
PO BOX 2363
GRAPEVINE, TX 76099
HINES TOM & CAROLYN
21 TRAINORS LNDG
ASPEN, CO 81611-1652
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588 S PONTIAC WAY
DENVER, CO 80224
IAVARONE GIANFRANCO & RITA
3410RIENTAAVE
MAMORONECK, NY 10543
JOBE MARCIA
PO BOX M-3
ASPEN, CO 81612
JUAN STREET HOMEOWNERS
ASSOCIATION
119 JUAN ST
ASPEN, CO 81611
KEITH JOHN III
300 PUppy SMITH ST #203-230
ASPEN, CO 81611
LARKIN THOMAS J & MARYANN K
1 SHELDRAKE LN
PALM BEACH GARDENS, FL 33418-6820
LEVY HELEN JOAN TRUST
421 WARWICK RD
KENILWORTH,IL 60043-1145
LUNDHOLM KERSTIN M
115 JUAN ST
ASPEN, CO 81611
MCCALL CAROLYN E
100 E DEAN ST#1E
ASPEN, CO 81611
MILLER R GREG
PO BOX 4577
ASPEN, CO 81612
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ICAHN L1BA
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ASPEN, CO 81612-9627
JOHNSON KERRI & DEREK
117 JUAN ST #1
ASPEN, CO 81611
KAPLAN BARBARA
3076 EDGEWOOD RD
PEPPER PIKE, OH 44124
KINGSBURY FAMILY TRUST
PO BOX 198
HOLDERNESS, NH 03245
LCH LLC
C/O TOM DIVEN ERE
124 ANNAPOLIS LN
PONTE VEDRA, FL 32082
L1MELlTE REDEVELOPMENT LLC
ATTN DALE PAAS
228 E COOPER AVE
ASPEN, CO 81611
MACALPINE KENDRA M
101 E COOPER AVE #201
ASPEN, CO 81611
MCCARTNEY BRENDA DAHL
113 JUAN ST
ASPEN, CO 81611
MITCHELL ELSA R
PO BOX 2492
ASPEN, CO 81612
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ASPEN, CO 81611
JOHNSTON MARGARET S 9.87%
30 DEXTER ST
DENVER, CO 80220
KAUFMAN STEVEN B TRUST
C/O VIRGINIA HARLOW
0554 ESCALANTE
CARBONDALE, CO 81623-8770
KULLGREN NANCY A
205 E DURANT AVE UNIT 2-C
ASPEN, CO 81611
LEBBY ERIN
PO BOX 1352
ASPEN, CO 81612
LOCHHEAD RAYMOND R & EMILIE M
200 SHERWOOD RD
PASO ROBLES, CA 93446
MACHUCA EDGAR F
11 TRAINORS LANDING
ASPEN, CO 81611
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ASPEN, CO 81611
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6318 NW 23RD ST
BOCA RATON, FL 33434
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SMITH PATRICK A
PO BOX 850
ASPEN, CO 81612
POPKIN PHILIP G
PO BOX 7956
ASPEN, CO 81612
ROSE JON E
ROSE RITA L
303 MAGNOLIA LAKE DR
LONGWOOD, FL 32779
SALlTERMAN LARRY & NANCY
603 S GRAMISH
ASPEN, CO 81611
SCHROEDER C M JR
SCHROEDER BETTY ANN
3629 ROCKBRIDGE RD
COLUMBIA, SC 29206
SHEFFER BARBARA & DOUGLAS
PO BOX 250
ASPEN, CO 81612
SLOAN SUSAN MARIE
500 S ORANGE AVE
SARASOTA, FL 34236
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8100 E CAMELBACK RD #31
SCOTTSDALE, AZ 85251-2773
OTT JOHN & CAROL
101 E COOPER AVE #203
ASPEN, CO 81611
PINES LODGE CONDO ASSOC
152 E DURANT AVE
ASPEN, CO 81611
PINES LODGE DEVELOPMENT LLC
2353 IRVINE AVE
NEWPORT BEACH, CA 92660
PROD INGER IRMA
PO BOX 1245
ASPEN, CO 81612
PURVIS ROBERT K & CAROLYN K .
PO BOX 3089
ASPEN, CO 81612
RUDERMAN ERIC P & MIMI E
1536 OGDEN ST
DENVER, CO 80218-1406
RUMSEY DANIEL W
333 SANTANA ROW #221
SAN JOSE, CA 95128
SANDS BENJAMIN N
15 PAPER CHASE DR
FARMINGTON, CT 06032-2151
SCHAYER CHARLES M III
588 S PONTIAC WAY
DENVER, CO 80224
SETZLER ALEX
100 E DEAN ST UNIT 2C
ASPEN, CO 81611-1957
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30 DEXTER ST
DENVER, CO 80220
SHENK ROBERT D
290 HWY 133
CARBONDALE, CO 81623-1530
SILVERMAN MARC A & MARILYN L
937 DALE RD
MEADOWBROOK, PA 19046
SMITH RONA K
1742 HILLSIDE RD
STEVENSON, MD 21153
SOLONDZ TAMI S
PO BOX 2829
ASPEN, CO 81612
SOUTH POINT CONDOMINIUM
ASSOCIATION
205 E DURANT AVE #2F
ASPEN, CO 81611
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THOMPSON ELEANOR M
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CONCORD, MA 01742-0278
TAYLOR HARVEY C
W 301 N 9430 HWY E
HARTLAND, WI 53029
THALBERG KATHARINE
221 E MAIN ST
ASPEN, CO 81611
VANTONGEREN HAROLD V & LIDIA M
2000 E 12TH AVE BOX 8
DENVER, CO 80206
WEINGLASS LEONARD
PO BOX 11509
ASPEN, CO 81612
WILLETTE NANCY
100 E DEAN ST #2D
ASPEN, CO 81611
WRIGHT LISA
PO BOX 3770
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205 E DURANT AVE APT 1 D
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2422 UNION ST
SAN FRANCISCO, CA 94123
TOWNE PLACE OF ASPEN CONDO
ASSOC INC
CIO ASPEN LODGING COMPANY
747 S GALENA ST
ASPEN, CO 81611
VENTER HENDRIK JOHANNES
119 E COOPER #10
ASPEN,CO 81611
WHITE JALEH
THICKMAN DAVID
152 E DURANT AVE
ASPEN, CO 81611-1737
WOLF FAMILY TRUST 12/23/1986
1221 MYRTLE AVE
SAN DIEGO, CA 92103
ZAUNER HEINZ JURGEN
CIO BARBARA ELIAS
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CARBONDALE, CO 81623
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1450 SILVERKING DR
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TELEMARK ASPEN LLC
55 SECOND ST
COLORADO SPRINGS, CO 80906
UHLFELDER FAMILY INVESTMENTS
RLLP
210 AABC STE AA
ASPEN,CO 81611
WALDRON GAIL YN L TRUSTEE
PO BOX 7964
ASPEN, CO 81612
WICHMANN VICTORIA
BOX 4388
ASPEN, CO 81612
WOODSON TATJANA D
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ASPEN, COLORADO 81611
(970)920-5040
PAUL TADDUNE
PAUL J T ADDUNE PC
323 W MAIN ST
STE 301
ASPEN, CO 81611
INVOICE
108723
Page 1 of 1
DUe: qA te: 6/28/2006
ACCOUNT 00710
AMT DUE 5.00
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MAKE CHECKS PAYABLE TO THE CITY OF ASPEN
':DESCRIPTION
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THANK YOU FOR YOUR PROMPT PAYMENT.
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ORDINANCE NO, 25
(SERIES OF 2006)
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN,
COLORADO, AMENDING THE MINIMUM LOT AREA PER DWELLING UNIT
REQUIREMENTS IN MUNICIPAL CODE SECTION 26,7IO.190(D)(2)(a), LODGE
ZONE DISTRICT, CITY OF ASPEN, PITKIN COUNTY, COLORADO.
WHEREAS, the Lift One Condominium Association represented by Paul
Taddune has proposed an application for an amendment to Title 26, the City of Aspen
Land Use Code to amend Section 26.710.190(D)(2)(a), Lodge Zone District: Minimum
Lot Area per Dwelling Unit, to allow there to be no minimum lot area per dwelling unit
requirement for the development of deed-restricted affordable housing in the Lodge Zone
District; and,
WHEREAS, the Community Development Director has sponsored the proposed
code amendment to be heard by the Planning and Zoning Commission and City Council;
and,
WHEREAS, pursuant to Sections 26.310.040, the Planning and Zoning
Commission, in accordance with the procedures, standards, and limitations of this
Chapter, shall by resolution make a recommendation to City Council on a code
amendment request; and,
WHEREAS, the Planning and Zoning Commission conducted a public hearing to
consider the proposed code amendment, took and considered public testimony and the
recommendation of the Community Development Director and recommended by a five to
zero (5-0) vote, that City Council adopt the proposed code amendment to amend Section
26.71O.190(D)(2)(a), Lodge Zone District: Minimum Lot Area per Dwelling Unit, to
allow there to be no minimum lot area per dwelling unit requirement for the development
of deed-restricted affordable housing in the Lodge Zone District; and,
WHEREAS, the Planning and Zoning Commission found that the Code
Amendments proposal meets or exceeds all applicable amendment standards and that the
approval of the Code Amendments, are consistent with the goals and elements of the Aspen
Area Community Plan; and,
WHEREAS, City Council reviewed and considered the recommendations of the
Community Development Director, the Planning and Zoning Commission, and members of
the public during a duly noticed public hearing; and,
WHEREAS, during a duly noticed public hearing on July 10, 2006, City Council
approved Ordinance No. 25, Series of 2006, by a three to two (3-2) vote, amending Land
Use Code Section 26.710.190(D)(2)(a), Lodge Zone District: Minimum Lot Area per
Dwelling Unit, to allow there to be no minimum lot area per dwelling unit requirement
for the development of deed-restricted affordable housing in the Lodge Zone District;
and,
Ordinance No. 25, Series of 2006
Page 1 00
c
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-'
WHEREAS, the City Council finds that the proposed code amendments to meet or
exceed all applicable amendment standards and that the approval of the Code Amendment,
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 ORDERED BY THE CITY COUNCIL OF THE
CITY OF ASPEN:
Section 1
Pursuant to the procedures and standards set forth in Title 26 of the Aspen Municipal Code,
City Council hereby approves a land use code amendment to Land Use Code Section
26.710. 190(0)(2)(a), Lodge Zone District: Minimum Lot Area per Dwelling Unit, to
allow there to be no minimum lot area per dwelling unit requirement for the development
of deed-restricted affordable housing units in the Lodge Zone District, as is noted in the
following sections:
Section 2:
Section 26.71 0.190(0)(2)(a), Lodge Zone District: Minimum Lot Area per Dwelling Unit,
of the Aspen Municipal Code shall be amended to read as follows:
Section 26.710,190(D)(2)(a), Minimum Lot Area per Dwelline: Unit
a. Multi-Family residential- 3,000 square feet When the development is
residential, there is no minimum requirement for an affordable housing
unit
Section 3:
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 4:
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.
Section 5:
A public hearing on the Ordinance shall be held on the 10th day of July, 2006, at 5:00 p.m. in
the City Council Chambers, Aspen City Hall, Aspen, Colorado, fifteen (15) days prior to
which hearing a public notice of the same shall be published in a newspaper of general
circulation within the City of Aspen.
Ordinance No. 25, Series of2006
Page 2 of3
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INTRODUCED, READ, AND ORDERED PUBLISHED as provided by law, by the
City Council of the City of Aspen at on this 12th day of June, 2006.
ATTEST:
Kathryn S, Koch, City Clerk
Helen Kalin Klanderud, Mayor
FINALLY, adopted, passed by a three to two (l-~) vote and approved this 10th day of July,
2006.
ATTEST:
Kathryn S. Koch, City Clerk
Helen Kalin Klanderud, Mayor
Approved as to form:
John Worcester, City Attorney
Ordinance No. 25, Series of2006
Page 3 of3
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MEMORANDUM
VI" b
TO:
Mayor Klanderud and City Council Il f.
Chris Bendon, Community Development Director C/VI Vli)
James Lindt, Senior Planner :::::JL
THRU:
FROM:
RE:
Second Reading of Ordinance No. 25, Series of 2006- Code Amendment: Land
Use Code Section 26,710,190, Lodge Zone District, Public Hearine:
DATE:
July 10, 2006
SUMMARY:
The Lift One Condominium Association (known herein as the Applicant), represented by
Paul Taddune, has requested a code amendment to Land Use Code Section 26.710.190,
Lodge Zone District. The code amendment has been sponsored by the Community
Development Staff because Staff had previously proposed a similar code amendment as part
of a larger package of code amendments that were not acted upon by City CounciL
The code amendment being requested would amend the lot area per dwelling unit
requirement in the dimensional requirements section of the Lodge Zone District to eliminate
the minimum lot area per dwelling unit for affordable housing units in lodge, multi-family,
and mixed-use developments. The Applicant is requesting the proposed amendment in order
to allow them to legalize a bandit residential unit in the Lift One Condominiums that has
existed since the mid 1970's and deed restrict it as a Category 4 affordable housing unit
However, Staff has split up the review of the proposed code amendment from that of the
review of the other land use actions necessary for the Applicant to legalize the existing unit
as has been previously requested that Staff do with code amendments that directly relate to a
specific land use application.
REVIEW PROCESS:
City Council shall approve or deny the proposed code amendment after considering a
recommendation by the Planning and Zoning Commission pursuant to Land Use Code
Section 26.310, Amendments to the Land Use Code and Official Zone District Map.
STAFF COMMENTS:
The existing language that is proposed to be amended reads as follows:
Land Use Code Section 26,710,190(D)(2)(a), Lodge Zone District: Minimum Lot
Area per Dwelling Unit.
a. Multi-Family residential- 3,000 square feet.
I
,....
......
The Applicant's proposed language is as follows:
Land Use Code Section 26,710.190(D)(2)(a), Lodge Zone District: Minimum Lot
Area per Dwelling Unit.
a. Multi-Family residential- 3,000 square feet. there shall be no
minimum lot area per dwelling unit requirement for deed restricted
affordable housing units in multi-family residential. lodge. or mixed use
developments.
The Applicant has expressed that they have proposed the code amendment because it would
serve their purpose in allowing them to legalize an existing bandit dwelling unit by
converting it to a deed restricted affordable housing unit. The Applicant has further suggested
that the existing requirement contradicts one of the primary goals of the City's infill
initiative, which is to get a greater density of types of development that the community needs
such as affordable housing.
Staff agrees with the Applicant's suggestion that the minimum lot area per dwelling unit
requirement in the Lodge Zone District does contradict one of the underlying ideas of the
City's infill initiative, which was to increase the density of development within the core area
of the City to relieve development pressures on the outskirts of the City. Staff also believes
that the proposed code language is written in such a manner that encourages density of the
affordable housing use, which the community is still in need of.
On the other side of this issue, the minimum lot area per dwelling unit requirement could be
looked at as a limiting factor in dissuading purely residential development in the Lodge Zone
District as was discussed at length during the infill code amendment discussions and favored
by the then City Council. However, Staff believes that the smaller allowable FAR and
shorter height requirements for purely residential development in the Lodge Zone District is a
much more dissuading factor against pure residential development than is the minimum lot
area per dwelling unit requirement. Staff further believes that if a developer is going to
construct a purely residential project despite the strict FAR and height constraints, that it
would be more consistent with the community's goals to encourage a greater density of
smaller units than to encourage fewer large units as the minimum lot area requirement does.
That being the case, Staff believes that there is nothing wrong with the Applicant's proposed
amendment and that it satisfies the review standards for approving a code amendment.
ISSUES FROM FIRST READING:
At first reading of the proposed ordinance, City Council requested more information on the
possible implications of this code amendment request. To respond to this request, Staff had
researched the number of multi-family residential projects that are at or over their allowable
FAR in the Lodge Zone District prior to the Planning and Zoning Commission review of the
proposed amendment. Using our Geographic Information System (GIS) program and
building permit plans that we were able to find, Staff believes that approximately sixteen (16)
out of the twenty (20) multi-family residential projects within the Lodge (L) Zone District
that are at or over their allowable FAR (please see research findings and map attached as
Exhibit "D").
2
,....
"'-'
Applying this data, Staff believes that the City will likely see the proposed code language
being used for adding affordable housing units within the existing square footage of buildings
given that many of these multi-family residential buildings are already at their maximum
allowable FAR. In other situations, City may also see the proposed language allowing
complexes to legalize existing bandit dwelling units as affordable housing units as has been
proposed by the Lift One Condominiums. However, in total Staff does not believe that the
proposed code provisions will spur many applications or have a significant impact on the
Lodge Zone District.
PLANNING AND ZONING COMMISSION RECOMMENDATION:
The Planning and Zoning Commission unanimously recommended that City Council approve
the code amendment as requested by the Applicant. The Commission indicated that they felt
the requested language was geared directly towards the increase in the allowed density for
affordable housing, which would be beneficial to the community. Minutes from the Planning
and Zoning Commission's discussion on this matter will be included in the second reading
packet.
STAFF RECOMMENDATION:
Staff recommends that the City Council approve the proposed code amendment as
requested by the Applicant, finding that the code amendment request is consistent with the
goals of the AACP and satisfies the review standards for amending the land use code.
CITY MANAGER'S COMMENTS:
RECOMMENDED MOTION:
"I move to approve Ordinance No. 25, Series of 2006, approving the proposed land use code
amendments to Land Use Code Section 26.710.190(D)(2)(a), Lodge Zone District: Minimum
Lot Area Per Dwelling Unit, removing the minimum lot area per dwelling unit for affordable
housing units."
A TT ACHMENTS:
Exhibit A -- Review Criteria and Staff Findings
Exhibit B -- Application (Included in First Reading Packet)
Exhibit C -- Planning and Zoning Commission Resolution (Included in First
Reading Packet)
Exhibit D -- Lodge District FAR Research and Map
3
,....
--
EXHIBIT A
AMENDMENT TO THE LAND USE CODE
REVIEW CRITERIA & STAFF FINDINGS
Section 26,310.040, Text Amendment Standards of Review
In reviewing an amendment to the official zone district map, the City Council and the
Commission shall consider:
A. Whether the proposed amendment is in conflict with any applicable portions
of this title,
Staff Finding:
Staff does not believe the proposed code amendments are in conflict with any applicable
portions of this title or the Municipal Code. Staff finds this criterion to be met.
B. Whether the proposed amendment is consistent with all elements of the
Aspen Area Comprehensive Plan.
Staff Finding:
Staff does not believe that the proposed amendments are in conflict with the Aspen Area
Community Plan. Staff feels that the proposed amendment is consistent with the goals and
objectives of the AACP. The AACP section on managing growth encourages the community
to discourage sprawl. The AACP section on managing growth further states that the City will
accept greater density of development to relieve the development pressure in the County and
outside of the Urban Growth Boundary. Staff believes that the Applicant's proposed
language encourages greater density of development and the existing code language to be
amended is a hindrance to greater density. Staff finds this criterion to be met.
C Whether the proposed amendment is compatible with surrounding zone
districts and land uses, considering existing land use and neighborhood
characteristics,
D, The effect of the proposed amendment on traffic generation and road safety,
Staff Finding:
These two criteria apply to rezoning applications and do not apply to this text amendment.
E, Whether and the extent to which the proposed amendment would result in
demands on public facilities, and whether and the extent to which the
proposed amendment would exceed the capacity of such facilities, including,
but not limited to, transportation facilities, sewage facilities, water supply,
parks, drainage, schools, and emergency medical facilities,
4
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-
Staff Finding:
This criterion applies to rezoning applications and does not apply to this text amendment.
F. Whether and the extent to which the proposed amendment would result in
significant adverse impacts on the natural environment.
Staff Finding:
Staff does not feel that the proposed code amendments wi\l result in adverse impacts on the
natural environment. Staff finds this criterion to be met.
G, Whether the proposed amendment is consistent and compatible with the
community character in the City of Aspen,
Staff Finding:
As was described in Staff's response to review Standard B above, the AACP encourages
greater density to take development pressure off of the County. Staff believes that the
Applicant's proposed language is consistent with the community character of Aspen. Staff
finds this criterion to be met.
H. Whether there have been changed conditions affecting the subject parcel or
the surrounding neighborhood which support the proposed amendment.
Staff Finding:
This criterion applies to rezoning applications and does not apply to this text amendment.
L Whether the proposed amendment would be in conflict with the public
interest, and is in harmony with the purpose and intent of this title,
Staff Finding:
Staff feels that the proposed code amendment wi\l not be in conflict with public interest.
Staff believes that the proposed code amendment is consistent with the Community's stated
goals in the Aspen Area Community Plan. Staff finds this criterion to be met.
5
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Multi-Familv Developments in Lodl!e District
. 14 Complexes Likely at/or Over FAR, No Permit Records*
. 2 Complexes at/or Over FAR, Plans
. 2 Complexes Likely Under FAR, No Permit Records*
. 2 Complexes Under FAR, Plans
0~I'f0J liJr
*- Methodology used for determining approximate existing floor area in buildings that we
have no plans for was to measure the footprint of the buildings on GIS and multiply the
footprint by the number of floors above-grade. Buildings that are lodges or have a PUD
overlay were not looked at because they are not considered to be residential for density
purposes.
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ORDINANCE NO, 25
(SERIES OF 2006)
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN,
COLORADO, AMENDING THE MINIMUM LOT AREA PER DWELLING UNIT
REQUIREMENTS IN MUNICIPAL CODE SECTION 26,710,190(D)(2)(a), LODGE
ZONE DISTRICT, CITY OF ASPEN, PITKIN COUNTY, COLORADO,
WHEREAS, the Lift One Condominium Association represented by Paul
Taddune has proposed an application for an amendment to Title 26, the City of Aspen
Land Use Code to amend Section 26.7l0.190(D)(2)(a), Lodge Zone District: Minimum
Lot Area per Dwelling Unit, to allow there to be no minimum lot area per dwelling unit
requirement for the development of deed-restricted affordable housing in the Lodge Zone
District; and,
WHEREAS, the Community Development Director has sponsored the proposed
code amendment to be heard by the Planning and Zoning Commission and City Council;
and,
WHEREAS, pursuant to Sections 26.310.040, the Planning and Zoning
Commission, in accordance with the procedures, standards, and limitations of this
Chapter, shall by resolution make a recommendation to City Council on a code
amendment request; and,
WHEREAS, the Planning and Zoning Commission conducted a public hearing to
consider the proposed code amendment, took and considered public testimony and the
recommendation of the Community Development Director and recommended by a five to
zero (5-0) vote, that City Council adopt the proposed code amendment to amend Section
26.7l0.190(D)(2)(a), Lodge Zone District: Minimum Lot Area per Dwelling Unit, to
allow there to be no minimum lot area per dwelling unit requirement for the development
of deed-restricted affordable housing in the Lodge Zone District; and,
WHEREAS, the Planning and Zoning Commission found that the Code
Amendments proposal meets or exceeds all applicable amendment standards and that the
approval of the Code Amendments, are consistent with the goals and elements of the Aspen
Area Community Plan; and,
WHEREAS, City Council reviewed and considered the recommendations of the
Community Development Director, the Planning and Zoning Commission, and members of
the public during a duly noticed public hearing; and,
WHEREAS, during a duly noticed public hearing on July 10, 2006, City Council
approved Ordinance No. 10, Series of 2006, by a _ to _ L--> vote, amending
Land Use Code Section 26.71O.l90(D)(2)(a), Lodge Zone District: Minimum Lot Area
per Dwelling Unit, to allow there to be no minimum lot area per dwelling unit
requirement for the development of deed-restricted affordable housing in the Lodge Zone
District; and,
Ordinance No. 25, Series of2006
Page 1 of3
,...
.......
WHEREAS, the City Council finds that the proposed code amendments to meet or
exceed all applicable amendment standards and that the approval of the Code Amendment,
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 ORDERED BY THE CITY COUNCIL OF THE
CITY OF ASPEN:
Section 1
Pursuant to the procedures and standards set forth in Title 26 of the Aspen Municipal Code,
City Council hereby approves a land use code amendment to Land Use Code Section
26.710.190(D)(2)(a), Lodge Zone District: Minimum Lot Area per Dwelling Unit, to
allow there to be no minimum lot area per dwelling unit requirement for the development
of deed-restricted affordable housing units in the Lodge Zone District, as is noted in the
following sections:
Section 2:
Section 26.710.190(D)(2)(a), Lodge Zone District: Minimum Lot Area per Dwelling Unit,
of the Aspen Municipal Code shall be amended to read as follows:
Section 26,710.190(>>)(2)(a), Minimum Lot Area per Dwellin2 Unit
a. Multi-Family residential- 3,000 square feet. When the development is
residential, there is no minimum requirement for an affordable housing
unit.
Section 3:
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 4:
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.
Section 5:
A public hearing on the Ordinance shall be held on the 10th day of July, 2006, at 5 :00 p.m. in
the City Council Chambers, Aspen City Hall, Aspen, Colorado, fifteen (IS) days prior to
which hearing a public notice of the same shall be published in a newspaper of general
circulation within the City of Aspen.
Ordinance No. 25, Series of2006
Page 2 of3
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INTRODUCED, READ, AND ORDERED PUBLISHED as provided by law, by the
City Council of the City of Aspen at on this 12th day of June, 2006.
ATTEST:
Kathryn S. Koch, City Clerk
Helen Kalin Klanderud, Mayor
FINALLY, adopted, passed by a _ to _ L--> vote and approved this 10th day
of July, 2006.
ATTEST:
Kathryn S. Koch, City Clerk
Helen Kalin Klanderud, Mayor
Approved as to form:
John Worcester, City Attorney
Ordinance No. 25, Series of2006
Page 3 of3
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ATTACHMENT 7
AFFIDAVIT OF PUBLIC NOTICE
REQUIRED BY SECTION 26.304.060 (E), ASPEN LAND USE CODE
ADDRESS OF PROPERTY: I;=)\ t2- :Do~
SCHEDULED PUBLIC HEARING DATE: ()7) '0 2-41
I
, Aspen, CO
,200~
STATE OF COLORADO )
) ...
COUDty of PitkiD )
I, (name, please print)
being or representin , Colorado, hereby personally
certify that I have c lied with the public notice requirements of Section 26.304.060
(E) o~e 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 at least fifteen (15)
days prior to the public hearing. A copy of the publication is attached hereto.
_ Posting of notice: By posting of notice, which form was obtained from the
Community Development Department, which was made of suitable,
waterproof materials, which was not less than twenty-two (22) inches wide
and twenty-six (26) inches high, and which was composed ofletters not
less than one inch in height. Said notice was posted at least fifteen (15) days
prior to the public hearing and was continuously visible from the _ day of
,200_, to and including the date and time of the public
hearing. A photograph of the posted notice (sign) is attached hereto. "
,
_ Mailing of notice. By the mailing of a notice obtained from the CommuIJiity
Development Department, which contains the information described in S~ction
26.304.060(E)(2) of the Aspen Land Use Code. At least fifteen (15) days prior to
the public hearing, notice was hand delivered or mailed by first class postage
prepaid U.S. mail to all owners of property within three hundred (300) feet of the
property subject to the development application. The names and addresses of
property owners shall be those on the current tax records of Pitkin County as they
appeared no more than sixty (60) days prior to the date of the public hearing. A
copy of the owners and governmental agencies so noticed is attached hereto.
~
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(continued on next page)
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Rezoning or text amendment. Whenever the official zoning district map is in
any way to be changed or amended incidental to or as part of a general revision
of this Title, or whenever the text of this Title is to be amended, whether such
revision be made by repeal of this Title and enactment of a new land use
regulation, or otherwise, the requirement of an accurate survey map Or other
sufficient legal description of, and the notice to and listing of names and
addresses of owners of real property in the area of the proposed change shall
be waived. However, the proposed zoning map shall be available for public
inspection.in the planning agency during all business hours for fifteen (15) days
prior to the public hearing on such amendments.
CYJA~~J~
SIgnature ( -
. /~
The fOregOin1YAffidavit ofNoti'ie" was acknowledged before me f!f.s V day
of ,--itA ,200~, by ,Jeij ntf(or f eTrJn
~Ommission exp~
!~/L--o.J
Notary Public
WITNESS MY HAND AND OFFICIAL SEAL
~~
7" PUBUC NOTICE
MINIUMS CONSOJ.lDATED
RE" UFf ONE. CONDO
CONCEPTUAL/ FINAL rUD
~thalarUbliChearll1~
NOTICE 15 HERE.BY GIV I 24 2006, at l\ meet-
Will be held on Monday, b~f01'~ 'he Aspen CI.ty
be In at 5:00 p Hall 130 5 (,ft
~:u~~Il,~(lllneI1Cham ':~~appn~atlon suo. COPY OF THE PUBLICATION
lena 51 Aspen, to con ndomlnlUm ASSOCIation,
milled by the Lilt One Co, _I a consol\dated COil,.
t approva U pet an
1m: ,r~,ul~~~~gUDappllcaIlOI\ I~t~~ t~:r~n One JGRAPH OF THE POSTED NOTICE (SIGN)
ecpu t5 10 the TO I \ flted
gable rool ...lem~he sublecl properly ~ ~nown
CondomIniums d 15 common y
I E Durant Avenue an The contact In- E
at 13, LI\ One Condomlmums III-ws LillOne ts AND GOVERNMENTALAGENClES NOTIC D
lisle' I ntlsasOv
lormatlon lor toe App Ica 13\ E Durant Avenue, BYM' " IL
dominium AssocIation ./:l
Con 081611
Aspen,C Lindt at
n contact James
For ltlrther In!ormagom'munIIY Oeve1opmenl ~~
lhe City 01 AspenS'o Galena St., Aspen,
partment, 130. email james]@CI.aspen
970.429.2763, (or by
.co.us).
A TT ACHMENTS:
"t,. ':"mm,;Slon Expires 09/2512009
___~a\111 Klanderud
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11 s Weekly on July 2,
Published In the Aspen me L
200fi,(3B55) I
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MEMORANDUM
TO: Mayor Klanderud and City Council
(\ 6'/1/1
THRU: Chris Bendon, Community Development Director lJ'l,. I J
FROM: James Lindt, Senior Planner ::::S:L
RE: First Reading of Ordinance No1f[, Series of 2006, Lift One Condominiums
Consolidated ConceptuaI/Final PUD- Public Hearing will be held on July 24th
DATE: June 26, 2006
ApPLICANT /OWNER:
Lift One Condominium Association,
Inc.
REPRESENTATIVE:
Law Offices of Paul Taddune
LOCATION:
131 E. Durant Avenue
CURRENT ZONING:
Lodge Zone District.
PROPOSED LAND USE REQUESTS:
A consolidated conceptual/final PUD
has been requested for the
construction of parapet walls and
pitched roof elements.
SUMMARY:
The Applicant requests the ability to
construct new architectural roof
features and parapet walls to improve
the aesthetics of the building.
Photo Above: Lift One Condominium Building.
STAFF RECOMMENDATION:
Staff was somewhat split on our recommendation
related to the consolidated conceptual/final PUD
request. Several members of the planning staff
support the Applicant's efforts to improve the
aesthetics of the aging building while other members
of the staff question the appropriateness of allowing
a PUD to further vary the allowable dimensional
requirements of an already non-conforming building
to rolon its existence.
REVIEW PROCEDURE:
City Council may approve, approve with conditions, or deny a consolidated conceptual/final
PUD application after considering a recommendation from the Planning and Zoning
Commission pursuant to Land Use Code Section 26.445, Planned Unit Development.
LAND USE REQUESTS:
The Applicant has requested the following land use action to construct parapet and pitched
roof elements on the existing Lift One Condominium Building:
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. Consolidated Conceptual/Final PUD_
PROJECT SUMMARY:
The Applicant, Lift One Condominium Association Inc, has requested a consolidated
conceptual/final PUD to construct gable and parapet roof improvements on certain flat roof
elements that exist on the Lift One Condominiums. The existing building exceeds the height
limit for multi-family residential buildings of twenty-eight (28) feet in the underlying Lodge
(L) Zone District. Therefore, a PUD is required because portions of the proposed gable roof
elements will exceed the already non-conforming height of the existing building.
STAFF COMMENTS:
Consolidated Concevtual/Final PUD:
The Applicant has requested a consolidated conceptual/final PUD to add some gable roof
elements to areas of the existing flat roof and for the addition of height to the existing
chimneys. As was briefly discussed above, a PUD is necessary to construct these roof
elements because the existing building is over the height limit and the proposed roof
elements would increase the already non-conforming height of the building.
The Applicant has indicated that the gable roof elements and chimneys are being proposed to
modernize the structure and improve the aesthetics of the design. Overall, the proposed
changes to the roof line of the building would increase the overall height as measured by the
City Land Use Code's height methodology by approximately four and a half feet to an
overall height of about 44 feet 6 inches (existing elevations are attached as Exhibit "C").
Staff was somewhat split on our opinions as to whether there is a public benefit to improving
the aesthetics of a condominium building that is already non-conforming related to its
dimensional requirements. Some members of Staff feel that there is public benefit to
allowing for a condominium building to be retrofitted with an updated, modernized look to
provide a more visually interesting building. Others on Staff believe that there is no public
benefit in allowing for an already non-conforming free-market residential building to
modernize and prolong its lifespan as a non-conforming building.
That said, the majority of the planning staff members do not believe that the proposed roof
improvements, with the exception of the chimney elements, will push the building out of
scale with the buildings in the immediate neighborhood, which are some of the largest
buildings within the community. However, there was a consensus amongst Staff that the
chimney elements are somewhat overbearing and should be reduced in height and scale from
the drawings provided in City Council's packets. The Planning and Zoning Commission
approved a condition in their resolution requiring that the chimneys not exceed the existing
chimney heights by more than three (3) feet. Staff has included this condition in the
proposed ordinance.
STAFF RECOMMENDATION:
As was discussed throughout this memorandum, there was not a consensus amongst
Staff but a majority of the members feel the height increase is appropriate in order to
improve the aesthetics of the building. There is consensus amongst Staff that the larger
chimney elements are somewhat overbearing and should be reduced in scale.
2
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PLANNING AND ZONING COMMISSION RECOMMENDATION:
The Planning and Zoning Commission recommendcd that City Council approve the
requested consolidated conceptual/final PUD with the conditions contained in the proposed
ordinance. The majority of the Commissioners indicated that they feel the aesthetic
improvements proposed are a community benefit and that they will not have a significant
impact on the scale of the building. The Commissioner that cast the lone dissenting vote
expressed that he did so because he was concerned that allowing for the height increase of
the already non-conforming building might serve as a precedent for other development
applications and that there may be ways to improve the aesthetics without requiring an
increase in the height as measured by the land use code.
CITY MANAGER'S COMMENTS:
RECOMMENDED MOTION (ALL MOTIONS ARE MADE IN THE AFFIRMATIVE):
"I move to approve upon first reading, Ordinance No. ~ , Series of 2006, approving with
conditions, a consolidated conceptual/final PUD to construct gable roof and chimney
improvements on the Lift One Condominiums, 131 E. Durant Avenue, City and Townsite
of Aspen."
ATTACHMENTS:
Exhibit A -- Review Criteria and Staff Findings
Exhibit B n Application
Exhibit C -- Existing Elevations
3
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ORDINANCE NO.;<Z)
(SERIES OF 2006)
AN ORDINANCE OF THE ASPEN CITY COUNCIL APPROVING A
CONSOLIDATED CONCEPTUAL/FINAL PUD TO ALLOW FOR THE LIFT
ONE CONDOMINIUMS TO CONSTRUCT GABLE AND CHIMNEY ROOF
IMPROVEMENTS, CITY OF ASPEN, PITKIN COUNTY, COLORADO.
WHEREAS, the Community Development Department received an application
from the Lift One Condominium Association, owners, represented by Paul Taddune,
requesting approval of a consolidated conceptual/final PUD application to construct gable
roof and chimney improvements to the Lift One Condominiums, City and Townsite of
Aspen; and,
WHEREAS, the Applicant requested that the Community Development Director
consolidate the conceptual and final PUD reviews pursuant to Land Use Code Section 26.
445.030(B)(2), Consolidated Conceptual and Final Review; and,
WHEREAS, the Community Development Director granted consent for the
Applicant to consolidate the review of the conceptual and final PUD requests pursuant Land
Use Code Section 26. 445.030(B)(2), Consolidated Conceptual and Final Review, finding
that the application has a limited scope of issues; and,
WHEREAS, a consolidated conceptual/final PUD requires review by City Council
after considering a recommendation from the Community Development Director and the
Planning and Zoning Commission pursuant to Land Use Code Section 26.445, Planned Unit
Development; and,
WHEREAS, during a duly noticed public hearing on June 6, 2006, the Planning
and Zoning Commission approved Resolution No. 21, Series of 2006, by a four to one (4-
I) vote, recommending that City Council approve a consolidated conceptual/final PUD to
construct gable roof and chimney improvements to the Lift One Condominiums, City and
Townsite of Aspen; and,
WHEREAS, during a continued public hearing on July 24, 2006, the Aspen City
Council approved Ordinance No. -' Series of 2006, by a _ to _ L- --.J vote,
approving with conditions, a consolidated conceptuaVfinal PUD to construct gable roof
and chimney improvements to the Lift One Condominiums, City and Townsite of Aspen;
and,
WHEREAS, the Aspen City Council has reviewed and considered the development
proposal under the applicable provisions of the Municipal Code as identified herein, has
reviewed and considered the recommendation of the Planning and Zoning Commission, the
Community Development Director, the applicable referral agencies, and has taken and
considered public comment at a public hearing; and,
......._"".
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WHEREAS, the City Council finds that the development proposal meets or exceeds
all applicable development standards and 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 THAT:
Section 1:
Pursuant to the procedures and standards set forth in Title 26 of the Aspen Municipal
Code, City Council hereby approves a consolidated conceptual/final PUD to construct
gable roof and chimney improvements to the Lift One Condominiums, subject to the
conditions contained herein.
Section 2: Final PUD Plans
A final PUD Plan shall be recorded in the Pitkin County Clerk and Recorder's Office
within 180 days of the final approval and shall include the following:
A. A drawing representing the project's architectural character.
Section 3: PUD Approvals
The approvals granted herein are explicitly to allow for the roof and chimney
improvements proposed in the elevation drawings provided to the Planning and Zoning
Commission in preparation for the July 24, 2006 meeting. The building height as shown
on the above referenced elevation drawings is legalized through this PUD, but all other
non-conforming dimensional requirements shall remain non-conforming and are not
legalized through the approval of this PUD. The chimneys shall only be permitted to
extend up to three (3) feet above the height of the existing chimneys.
Section 3:
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 construed and concluded under such
prior ordinances.
Section 4:
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.
Section 5:
A public hearing on this ordinance was held on the 24th day of July, 2006, in the City
Council Chambers, Aspen City Hall, Aspen, Colorado.
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INTRODUCED, READ AND ORDERED PUBLISHED as provided by law, by the City
Council of the City of Aspen on the 26th day of June, 2006,
Helen Kalin Klanderud, Mayor
Attest:
Kathryn S. Koch, City Clerk
FINALLY, adopted, passed and approved by a vote of _ to __L---.J, this 24th day
of July, 2006,
Helen Kalin Klanderud, Mayor
Attest:
Kathryn S. Koch, City Clerk
Approved as to form:
John P. Worcester, City Attorney
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EXHIBIT "A"
PLANNED UNIT DEVELOPMENT (PUD)
REVIEW CRITERIA & STAFF FINDINGS
In accordance with Section 26.445.050 of the Land Use Code, an application requesting
conceptual PUD approval requires that the following review standards be met.
A. General Requirements.
1. The proposed development shall be consistent with the Aspen Area Community
Plan.
Staff Finding
Staff feels that the proposal to add gable roof elements to the Lift One Condominiums is
consistent with several of the goals and objectives of the AACP. First, the proposed gable
roof elements improve the complex's design quality as is encourage in the "design quality"
section of the AACP. Second, Staff feels that the plan to modernize the existing building is
consistent with the AACP's action plan objective of supporting the restoration of existing
buildings. However, there were some on Staff that feel that there is no public benefit to
modernizing and prolonging the lifespan of a building that is non-conforming. Staff could
not reach a consensus on finding this criterion to be met.
2. The proposed development shall be consistent with the character of existing
land uses in the surrounding area.
Staff Finding
The proposed PUD request does not alter the use of the existing building and the existing use
of residential units, many of which are rented on a short-term basis, is consistent with the
land uses in the immediate vicinity. Staff finds this criterion to be met.
3. The proposed development shall not adversely affect the future development of
the surrounding area.
Staff Finding
Staff does not believe that the proposed request will adversely affect the future development
of the surrounding properties. Therefore, Staff finds this criterion to be met.
4. The proposed development has either been granted GMQS allotmt:nts, is
exempt from GMQS, or GMQS allotments are available to accommodate the proposed
development and will be considered prior to, or in combination with, final PUD
development plan review.
Staff Finding
The proposed PUD request to provide the roofline changes do not increase the free-market
residential FAR of the structure or number of free-market residential units and is exempt
from GMQS, Staff finds this criterion not to be applicable to this PUD request.
B. Establishment of Dimensional Requirements:
The final PUD development plans shall establish the dimensional requirements for all
properties within the PUD. The dimensional requirements of the underlying zone
district shall be used as a guide in determining the appropriate dimensions for the
4
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PUD. During review of the proposed dimensional requirements, compatibility with
surrounding land uses and existing development paUerns shall be emphasized.
1. The proposed dimensional requirements for the subject property are appropriate and
compatible with the following influences on the property:
a) The character of, and compatibility with, existing and expected future land
uses in the surrounding area.
b) Natural and man-made hazards.
c) Existing natural characteristics of the property and surrounding area such
as steep slopes, waterways, shade, and significant vegetation and
landforms.
d) Existing and proposed man-made characteristics of the property and the
surrounding area such as noise, traffic, transit, pedestrian circulation,
parking, and historical resources.
StaffFinding
The only dimensional requirement that is being altered by the proposed PUD is the allowable
height of the building. The building is already over the permitted height limit in the zone
district and the roofline changes to the proposed building only cause a minor change in the
height of the building as is measured by the City Land Use Code's building height
methodology. Some members of the Planning Staff believe that the proposed gable roof
elements are a positive change to the design of the building and the new height limit is
consistent with many of the multi-family and lodging structures at the base of Aspen
Mountain in the immediate neighborhood.
Once again, there is also a contingent on the Staff that feels that it is not appropriate to allow
for a non-conforming building to prolong it's lifespan through modernizing the exterior look
if the modernization increases the extent to which it is not consistent with the dimensional
requirements of the zone district in which it is located. That said, the Staff feels that the
chimney structures are somewhat overbearing and are not consistent with the character of
structures in the immediate vicinity. Staff could not reach a consensus on finding this
criterion to be met.
2. The proposed dimensional requirements permit a scale, massing, and quantity of open
space and site coverage appropriate and favorable to the character of the proposed
PUD and of the surrounding area.
Staff Finding
The only dimensional requirement that is being altered by the proposed PUD is the allowable
height of the building. The building is already over the permitted height limit in the zone
district and the roofline changes to the proposed building only cause a minor change in the
height of the building as is measured by the City Land Use Code's building height
methodology. Some members of the Planning Staff believe that the proposed gable roof
elements are a positive change to the design of the building and the new height limit is
consistent with many of the multi-family and lodging structures at the base of Aspen
Mountain in the immediate neighborhood.
Once again, there is also a contingent on the Staff that feels that it is not appropriate to allow
for a non-conforming building to prolong it's lifespan through modernizing the exterior look
if the modernization increases the extent to which it is not consistent with the dimensional
5
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requirements of the zone district in which it is located. That said, the Staff feels that the
chimney structures are somewhat overbearing and are not consistent with the character of
structures in the immediate vicinity. Staff could not reach a consensus on finding this
criterion to be met.
3. The appropriate number of off-street parking spaces shall be established based on
the following considerations:
a) The probable number of cars used by those using the proposed development
including any non-residential land uses.
b) The varying time periods of use, whenever joint use of common parking is
proposed
c) The availability of public transit and other transportation facilities,
including those for pedestrian access and/or the commitment to utilize
automobile disincentive techniques in the proposed development
d) The proximity of the proposed development to the commercial core and
general activity centers in the city.
Staff Finding
The proposed PUD request does not alter the number of off-street parking spaces. Staff finds
this criterion not to be applicable to this request.
4.
,
The maximum allowable density within a PUD may be reduced if there exists
insufficient infrastructure capabilities. Specifically, the maximum density of a
PUD may be reduced if:
a) There is not sufficient water pressure, drainage capabilities, or other
utilities to service the proposed development
b)' There are not adequate roads to ensure fire protection, snow removal, and
road maintenance to the proposed development
Staff Finding
The Applicant is not requesting to reduce the density of the project. Staff finds this criterion
not to be applicable to this request.
5. The maximum allowable density within a PUD may be reduced if there exists
natural hazards or critical natural site features. Specifically, the maximum
density of a PUD may be reduced if:
a) The land is not suitable for the proposed development because of ground
instability or the possibility of mudflow, rock falls or avalanche dangers.
b) The effects of the proposed development are detrimental to the natural
watershed, due to runoff, drainage, soil erosion, and consequent water
pollution.
c) The proposed development will have a pernicious effect on air quality in the
surrounding area and the City.
d) The design and location of any proposed structure, road, driveway, or trail
in the proposed development is not compatible with the terrain or causes
harmful disturbance to critical natural features of the site.
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Staff Finding
The Applicant is not requesting to reduce the density of the project. Staff finds this criterion
not to be applicable to this request.
6. The maximum allowable density within a PUD may be increased if there exists a
significant community goal to be achieved through such increase and the
development paUern is compatible with its surrounding development paUerns and
with the site's physical constraints. Specifically, the maximum density of a PUD
may be increased if:
a) The increase in density serves one or more goals of the community as
expressed in the Aspen Area Community Plan (AACP) or a specific area
plan to which the property is subject
b) The site's physical capabilities can accommodate additional density and
there exists no negative physical characteristics of the site, as identified in
subparagraphs 4 and 5, above, those areas can be avoided, or those
characteristics mitigated.
c) The increase in maximum density results in a development paUern
compatible with, and complimentary to, the surrounding existing and
expected development paUern, land uses, and characteristics.
Staff Finding
The Applicants are not requesting to increase the allowable density through the proposed
PUD. Staff finds this criterion not to be applicable to this request.
B. Site Design:
The purpose of this standard is to ensure the PUD enhances public spaces, is
complimentary to the site's natural and man-made features and the adjacent
public spaces, and ensures the public's health and safety. The proposed
development shall comply with the following:
1. Existing natural or man-made features of the site which are unique, provide
visual interest or a specific reference to the past, or contribute to the identity of
the town are preserved or enhanced in an appropriate manner.
StaffPinding
The proposed PUD request does not alter natural features on the site. Staff does believe that
the proposed roof elements, with the exception of the chimney elements, will increase the
visual interest of the building, which is the primary man-made feature on the site. Staff finds
this criterion to be met if the chimney elements are reduced in size or removed.
2. Structures have been clustered to appropriately preserve significant open spaces
and vistas.
StaffFinding
There is only one building on the parcel and it is an existing building. The siting of the
building is not being altered by the proposed PUD request. Staff finds this criterion not to be
applicable to this request.
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3. Structures are appropriately oriented to public streets, contribute to the urban or
rural context where appropriate, and provide visual interest and engagement of
vehicular and pedestrian movement.
Staff Finding
The proposal is not altering the orientation of the building. However, Staff does believe that
the proposed roof alterations with improve the visual interest of the structure. Staff finds this
criterion to be met.
4. Buildings and access ways are appropriately arranged to allow emergency and
service vehicle access.
StaffPinding
The proposed PUD does not alter the emergency access ways to the building. Staff finds this
criterion not to be applicable to the request.
5. Adequate pedestrian and handicapped access is provided.
Staff Finding
The proposed PUD does not alter the handicapped access to the building. Staff finds this
criterion not to be applicable to the request.
6. Site drainage is accommodated for the proposed development in a practical and
reasonable manner and shall not negatively impact surrounding properties.
Staff Finding
Staff believes that the proposal does not provide an increase in the amount of impervious
land on the development parcels. That said, the Applicant is required to submit a site
drainage plan that has been designed in a manner that ensures that historic drainage rates will
not be increased as a result of the proposed PUD. A professionally licensed engineer shall
design this drainage plan and will be required prior to submittal for a building permit. Staff
finds this criterion to be met.
7. For non-residential land uses, spaces between buildings are appropriately de-
signed to accommodate any programmatic functions associated with the use.
Staff Finding
The proposed PUD does not alter the programmatic spaces between the existing buildings.
Therefore, Staff finds this criterion not to be applicable to this request.
C. Landscape Plan:
The purpose of this standard is to ensure compatibility of the proposed landscape
with the visual character of the city, with surrounding parcels, and with existing
and proposed features of the subject property. The proposed development shall
comply with the following:
1. The landscape plan exhibits a well designed treatment of exterior spaces,
preserving existing significant vegetation, and provides an ample quantity and
variety of ornamental plant species suitable for the Aspen area climate.
8
2. Significant existing natural and man-made site features, which provide
uniqueness and interest in the landscape, are preserved or enhanced in an
appropriate manner.
3. The proposed method of protecting existing vegetation and other landscape
features is appropriate.
Staff Finding
The proposed PUD does not alter any landscaping on the site. Staff finds these criteria not to
be applicable to this PUD request.
D. Architectural Character:
It is the purpose of this standard to encourage architectural interest, variety,
character, and visual identity in the proposed development and within the City
while promoting efficient use of resources. Architectural character is based upon
the suitability of a building for its purposes, legibility of the building's use, the
building's proposed massing, proportion, scale, orientation to public spaces and
other buildings, use of materials, and other aUributes which may significantly
represent the character of the proposed development. There shall be approved as
part of the final development plan and architectural character plan, which
adequately depicts the character of the proposed development. The proposed
architecture of the development shall:
I. be compatible with or enhance the visual character of the city, appropriately
relate to existing and proposed architecture of the property, represent a
character suitable for, and indicative of, the intended use, and respect the scale
and massing of nearby historical and cultural resources.
Staff Finding
Please see StafPscomments related to the proposed massing in the response to PUD Review
Standard B(2) above.
2. Incorporate, to the extent practical, natural heating and cooling by taking
advantage of the property's solar access, shade, and vegetation and by use of
non- or less-intensive mechanical systems.
Staff Finding
The proposed PUD does not alter the building's ability to use natural heating and cooling
systems. Staff finds this criterion not to be applicable to this request.
3. Accommodate the storage and shielding of snow, ice, and water in a safe an
appropriate manner that does not require significant maintenance.
Staff Finding
The Applicants have proposed appropriate shielding of snow, ice, and water from the
entrances by providing canopies with snow guards over the entranceways. Staff finds this
criterion to be met.
E. Lighting:
The purpose of this standard is to ensure the exterior of the development will be
lighted in an appropriate manner considering both public safety and general
aesthetic concerns. The following standards shall be accomplished:
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1. All lighting is proposed so as to prevent direct glare or hazardous interference
of any king to adjoining streets or lands. Lighting of site features, structures,
and access ways is proposed in an appropriate manner.
Staff Finding
The Applicant is required to, and has consented to meet the City of Aspen Lighting Code for
any exterior lighting that is proposed. Therefore, the proposed development will be lighted
in a manner that will not provide direct glare on adjoining streets or property. The Applicant
will be required to submit a detailed exterior lighting plan to the City Zoning Officer prior to
building permit issuance. Staff believes that the Applicant's required compliance with the
. City Lighting Code ensures that the development will be lighted in an appropriate manner.
Staff finds this criterion to be met.
2. All exterior lighting shall be in compliance with the Outdoor Lighting
Standards unless otherwise approved and noted in the final PUD documents.
Up-lighting of site features, buildings, landscape elements, and lighting to call
inordinate auention to the property is prohibited for residential development
Staff Finding
The Applicant has committed to meet the City of Aspen Lighting Code on the building. Staff
finds this criterion to be met.
G. Common Park, Open Space, or Recreation Area:
If the proposed development includes a common park, open space, or recreation
area for the mutual benefit of all development in the proposed PUD, the following
criteria shall be met:
1. The proposed amount, location, and design of the common park, open space, or
recreation area enhances the character of the proposed development,
considering existing and proposed structures and natural landscape features of
the property, provides visual relief to the property's built form, and is available
to the mutual benefit of the various land uses and property users of the PUD.
Staff Finding
The Applicant is not proposing to alter any common park or open space on the site. Staff
finds this criterion not to be applicable to this request.
2. A proportionate, undivided interest in all common park and recreation areas is
deeded in perpetuity (not for a number of years) to each lot or dwelling unit
owner within the PUD or ownership is proposed in a similar manner.
StaffPinding
The Applicant is not proposing to alter any common park or open space on the site, Staff
finds this criterion not to be applicable to this request.
3. There is proposed an adequate assurance through legal instrument for the
permanent care and maintenance of open spaces, recreation areas, and shared
facilities together with a deed restriction against future residential, commercial,
or industrial development.
Staff Finding
The Applicant is not proposing to alter any common park or open space on the site. Staff
finds this criterion not to be applicable to this request.
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H. Utilities and Public Facilities:
The purpose of this standard is to ensure the development does not impose any
undue burden on the City's infrastructure capabilities and that the public does not
incur an unjustified financial burden. The proposed utilities and public facilities
associated with the development shall comply with the following:
1. Adequate public infrastructure facilities exist to accommodate the development.
Staff Finding
Staff believes that the proposed PUD request does not impose undue burden on the City's
infrastructure capabilities. Staff finds this criterion not to be applicable to this PUD request.
2. Adverse impacts on public infrastructure by the development will be mitigated
by the necessary improvements at the sole cost of the developer.
Staff Finding
Staff believes that the proposed PUD request does not impose undue burden on the City's
infrastructure capabilities. Staff finds this criterion not to be applicable to this PUD request.
3. Oversized utilities, public facilities, or site improvements are provided
appropriately and where the developer is reimbursed proportionately for the
additional improvement.
Staff Finding
The Applicant is not proposing to install oversized utilities or public facilities and it is not
anticipated that the Applicant will be required by the City to provide oversized utilities. Staff
does not find this criterion to be applicable to this application.
L Access and Circulation (Only standards 1 & 2 apply to Minor PUD applications):
The purpose of this standard is to ensure the development is easily accessible, does
not unduly burden the surrounding road network, provides adequate pedestrian
and recreational trail facilities and minimizes the use of security gates. The
proposed access and circulation of the development shall meet the following
criteria:
1. Each lot, structure, or other land use within the PUD has adequate access to a
public street either directly or through and approved private road, a pedestrian
way, or other area dedicated to public or private use.
Staff Finding
The Applicant has not proposed to alter the existing access to a public street. Staff finds this
criterion to be met.
2. The proposed development, vehicular access points, and parking arrangement
do not create traffic congestion on the roads surrounding the proposed
development, or such surrounding roads are proposed to be improved to
accommodate the development.
Staff Finding
Please see Staffs response to PUD Review Standard 1(2) above.
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J. Phasing of Development Plan.
The purpose of these criteria is to ensure partially completed projects do not create
an unnecessary burden on the public or surrounding property owners and impacts
of an individual phase are mitigated adequately. If phasing of the development
plan is proposed, each phase shall be defined in the adopted final PUD
development plan. The phasing plan shall comply with the following:
1. All phases, including the initial phase, shall be designed to function as a
complete development and shall not be reliant on subsequent phases.
2. The phasing plan describes physical areas insulating, to the extent practical,
occupants of initial phases from the construction of later phases.
3. The proposed phasing plan ensures the necessary or proportionate
improvements to public facilities, payment of impact fees and fees-in-lieu,
construction of any facilities to be used jointly by residents of the PUD,
construction of any required affordable housing, and any mitigation measures
are realized concurrent or prior to the respective impacts associated with the
phase.
Staff Finding
The Applicants are not proposing to phase the construction. Therefore, Staff finds this
criterion not to be applicable.
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MEMORANDUM
TO: Mayor Klanderud and City Council
THRU: Chris Bendon, Community Development Director ~
FROM: James Lindt, Senior Planner CL--
RE: 15t Reading of Ordinance NOz..~ Series of 2006- Code Amendment: Land Use
Code Section 26.710.190, Lodge Zone District, Public Hearing to be held on
July 10th
DATE: June 12,2006
SUMMARY:
The Lift One Condominium Association (known herein as the Applicant), represented by
Paul Taddune, has requested a code amendment to Land Use Code Section 26.710.190,
Lodge Zone District. The code amendment has been sponsored by the Community
Development Staff because Staff had previously proposed a similar code amendment as part
of a larger package of code amendments that were not acted upon by City Council.
The code amendment being requested would amend the lot area per dwelling unit
requirement in the dimensional requirements section of the Lodge Zone District to eliminate
the minimum lot area per dwelling unit for affordable housing units in lodge, multi-family,
and mixed-use developments. The Applicant is requesting the proposed amendment in order
to allow them to legalize a bandit residential unit in the Lift One Condominiums that has
existed since the mid 1970's and deed restrict it as a Category 4 affordable housing unit
However, Staff has split up the review of the proposed code amendment from that of the
review of the other land use actions necessary for the Applicant to legalize the existing unit
as has been previously requested that Staff do with code amendments that directly relate to a
specific land use application.
REVIEW PROCESS:
City Council shall approve or deny the proposed code amendment after considering a
recommendation by the Planning and Zoning Commission pursuant to Land Use Code
Section 26310, Amendments to the Land Use Code and Official Zone District Map.
STAFF COMMENTS:
The existing language that is proposed to be amended reads as follows:
Land Use Code Section 26.710.190(D)(2)(a), Lodge Zone District: Minimum Lot
Area per Dwelling Unit.
a, Multi-Family residential- 3.000 square feet
1
The Applicant's proposed language is as follows:
Land Use Code Section 26.710.190(D)(2)(a), Lodge Zone District. Minimum Lot
Area per Dwelling Unit.
a. Multi-Family residential- 3,000 square feet, there shall be no
minimum lot area per dwelling unit requirement for deed restricted
affordable housing units in multi-family residential, lodge, or mixed use
developments.
The Applicant has expressed that they have proposed the code amendment because it would
serve their purpose in allowing them to legalize an existing bandit dwelling unit by
converting it to a deed restricted affordable housing unit. The Applicant has further suggested
that the existing requirement contradicts one of the primary goals of the City's infill
initiative, which is to get a greater density of types of development that the community needs
such as affordable housing.
Staff agrees with the Applicant's suggestion that the minimum lot area per dwelling unit
requirement in the Lodge Zone District does contradict one of the underlying ideas of the
City's infill initiative, which was to increase the density of development within the core area
of the City to relieve development pressures on the outskirts of the City. Staff also believes
that the proposed code language is written in such a manner that encourages density of the
affordable housing use, which the community is still in need of.
On the other side of this issue, the minimum lot area per dwelling unit requirement could be
looked at as a limiting factor in dissuading purely residential development in the Lodge Zone
District as was discussed at length during the infill code amendment discussions and favored
by the then City Council. However, Staff believes that the smaller allowable FAR and
shorter height requirements for purely residential development in the Lodge Zone District is a
much more dissuading factor against pure residential development than is the minimum lot
area per dwelling unit requirement. Staff further believes that if a developer is going to
construct a purely residential project despite the strict FAR and height constraints, that it
would be more consistent with the community's goals to encourage a greater density of
smaller units than to encourage fewer large units as the minimum lot area requirement does.
That being the case, Staff believes that there is nothing wrong with the Applicant's proposed
amendment and that it satisfies the review standards for approving a code amendment
PLANNING AND ZONING COMMISSION RECOMMENDATION:
The Planning and Zoning Commission unanimously recommended that City Council approve
the code amendment as requested by the Applicant. The Commission indicated that they felt
the requested language was geared directly towards the increase in the allowed density for
affordable housing, which would be beneficial to the community. Minutes from the Planning
and Zoning Commission's discussion on this matter will be included in the second reading
packet.
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STAFF RECOMMENDATION:
Staff recommends that the City Council approve the proposed code amendment as
requested by the Applicant, finding that the code amendment request is consistent with the
goals of the AACP and satisfies the review standards for amending the land use code.
CITY MANAGER'S COMMENTS:
RECOMMENDED MOTION:
"I move to approve upon first reading, Ordinance No. as, Series of 2006, approving the
proposed land use code amendments to Land Use Code Section 26.710.l90(D)(2)(a), Lodge
Zone District: Minimum Lot Area Per Dwelling Unit, removing the minimum lot area per
dwelling unit for affordable housing units."
ATTACHMENTS:
Exhibit A -- Review Criteria and Staff Findings
Exhibit B -- Application
Exhibit C -- Planning and Zoning Commission Resolution
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ORDINANCE No.6
(SERIES OF 2006)
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN,
COLORADO, AMENDING THE MINIMUM LOT AREA PER DWELLING UNIT
REQUIREMENTS IN MUNICIPAL CODE SECTION 26.710.190(D)(2)(a), LODGE
ZONE DISTRICT, CITY OF ASPEN, PITKIN COUNTY, COLORADO.
WHEREAS, the Lift One Condominium Association represented by Paul
Taddune has proposed an application for an amendment to Title 26, the City of Aspen
Land Use Code to amend Section 26.710.190(D)(2)(a), Lodge Zone District. Minimum
Lot Area per Dwelling Unit, to allow there to be no minimum lot area per dwelling unit
requirement for the development of deed-restricted affordable housing in the Lodge Zone
District; ana,
WHEREAS, the Community Development Director has sponsored the proposed
code amendment to be heard by the Planning and Zoning Commission and City Council;
and,
WHEREAS, pursuant to Sections 26.310.040, the Planning and Zoning
Commission, in accordance with the procedures, standards, and limitations of this
Chapter, shall by resolution make a recommendation to City Council on a code
amendment request; and,
WHEREAS, the Planning and Zoning Commission conducted a public hearing to
consider the proposed code amendment, took and considered public testimony and the
recommendation of the Community Development Director and recommended by a five to
zero (5-0) vote, that City Council adopt the proposed code amendment to amend Section
26.710.l90(D)(2)(a), Lodge Zone District' Minimum Lot Area per Dwelling Unit, to
allow there to be no minimum lot area per dwelling unit requirement for the development
of deed-restricted affordable housing in the Lodge Zone District; and,
WHEREAS, the Planning and Zoning Commission found that the Code
Amendments proposal meets or exceeds all applicable amendment standards and that the
approval of the Code Amendments, are consistent with the goals and elements of the Aspen
Area Community Plan; and,
WHEREAS, City Council reviewed and considered the recommendations of the
Community Development Director, the Planning and Zoning Commission, and members of
the public during a duly noticed public hearing; and,
WHEREAS, during a duly noticed public hearing on July 10, 2006, City Council
approved Ordinance No. _, Series of 2006, by a _ to _ L---.J vote, amending
Land Use Code Section 26.710.l90(D)(2)(a), Lodge Zone District: Minimum Lot Area
per Dwelling Unit, to allow there to be no minimum lot area per dwelling unit
requirement for the development of deed-restricted affordable housing in the Lodge Zone
District; and,
Ordinance No._, Series of2006
Page I 00
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WHEREAS, the City Council finds that the proposed code amendments to meet or
exceed all applicable amendment standards and that the approval of the Code Amendment,
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 ORDERED BY THE CITY COUNCIL OF THE
CITY OF ASPEN:
Section 1
Pursuant to the procedures and standards set forth in Title 26 of the Aspen Municipal Code,
City Council hereby approves a land use code amendment to Land Use Code Section
26.710.l90(D)(2)(a), Lodge Zone District: Minimum Lot Area per Dwelling Unit, to
allow there to be no minimum lot area per dwelling unit requirement for the development
of deed-restricted affordable housing units in the Lodge Zone District, as is noted in the
following sections:
Section 2:
Section 26.71O.l90(D)(2)(a), Lodge Zone District,' Minimum Lot Area per Dwelling Unit,
of the Aspen Municipal Code shall be amended to read as follows:
Section 26.710.190ID)(2)(a), Minimum Lot Area per Dwellinl!: Unit
a. Multi-Family residential- 3,000 square feet. When the development is
residential, there is no minimum requirement for an affordable housing
unit.
Section 3:
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 4:
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.
Section 5:
A public hearing on the Ordinance shall be held on the 10th day of July, 2006, at 5:00 p.m. in
the City Council Chambers, Aspen City Hall, Aspen, Colorado, fifteen (15) days prior to
which hearing a public notice of the same shall be published in a newspaper of general
circulation within the City of Aspen.
Ordinance No. , Series of2006
Page 2 00
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INTRODUCED, READ, AND ORDERED PUBLISHED as provided by law, by the
City Council of the City of Aspen at on this 12th day of June, 2006.
ATTEST:
Kathryn S. Koch, City Clerk
Helen Kalin Klanderud, Mayor
FINALLY, adopted, passed by a _ to _ L---.J vote and approved this 10th day
ofJuly, 2006.
ATTEST:
Kathryn S. Koch, City Clerk
Helen Kalin Klanderud, Mayor
Approved as to form:
John Worcester, City Attorney
Ordinance No. , Series of2006
Page 3 of3
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EXHIBIT A
AMENDMENT TO THE LAND USE CODE
REVIEW CRITERIA & STAFF FINDINGS
Section 26.310.040, Text Amendment Standards of Review
In reviewing an amendment to the official zone district map, the City Council and the
Commission shall consider:
A. Whether the proposed amendment is in conflict with any applicable portions
of this title.
StaffPinding:
Staff does not believe the proposed code amendments are in conflict with any applicable
portions of this title or the Municipal Code. Staff finds this criterion to be met.
B. Whether the proposed amendment is consistent with all elements of the
Aspen Area Comprehensive Plan.
Staff Finding:
Staff does not believe that the proposed amendments are in conflict with the Aspen Area
Community Plan. Staff feels that the proposed amendment is consistent with the goals and
objectives of the AACP. The AACP section on managing growth encourages the community
to discourage sprawl. The AACP section on managing growth further states that the City will
accept greater density of development to relieve the development pressure in the County and
outside of the Urban Growth Boundary. Staff believes that the Applicant's proposed
language encourages greater density of development and the existing code language to be
amended is a hindrance to greater density. Staff finds this criterion to be met.
C. Whether the proposed amendment is compatible with surrounding zone
districts and land uses, considering existing land use and neighborhood
characteristics.
D. The effect of the proposed amendment on traffic generation and road safety.
Staff Pinding:
These two criteria apply to rezoning applications, and do not apply to this text amendment.
E. Whether and the extent to which the proposed amendment would result in
demands on public facilities, and whether and the extent to which the
proposed amendment would exceed the capacity of such facilities, including,
but not limited to, transportation facilities, sewage facilities, water supply,
parks, drainage, schools, and emergency medical facilities.
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Staff Finding:
This criterion applies to rezoning applications and does not apply to this text amendment.
F. Whether and the extent to which the proposed amendment would result in
significant adverse impacts on the natural environment.
Staff Finding:
Staff does not feel that the proposed code amendments will result in adverse impacts on the
natural environment. Staff finds this criterion to be met.
G. Whether the proposed amendment is consistent and compatible with the
community character in the City of Aspen.
Staff Finding:
As was described in Staffs response to review Standard B above, the AACP encourages
greater density to take development pressure off of the County. Staff believes that the
Applicant's proposed language is consistent with the community character of Aspen, Staff
finds this criterion to be met.
H. Whether there have been changed conditions affecting the subject parcel or
the surrounding neighborhood which support the proposed amendment
Staff Finding:
This criterion applies to rezoning applications and does not apply to this text amendment
L Whether the proposed amendment would be in conflict with the public
interest, and is in harmony with the purpose and intent of this title.
Staff Finding:
Staff feels that the proposed code amendment will not be in conflict with public interest.
Staff believes that the proposed code amendment is consistent with the Community's stated
goals in the Aspen Area Community Plan. Staff finds this criterion to be met.
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RESOLUTION NO. 19
(SERIES OF 2006)
A RESOLUTION OF THE CITY OF ASPEN PLANNING AND ZONING
COMMISSION RECOMMENDING THAT CITY COUNCIL APPROVE TEXT
AMENDMENTS THAT AMEND MUNICIPAL CODE SECTION
26.710.190(D)(2)(a), LODGE ZONE DISTRICT, TO AMEND THE MINIMUM LOT
AREA PER DWELLING UNIT REQUIREMENTS, CITY OF ASPEN, PITKIN
COUNTY, COLORADO.
WHEREAS, the Lift One Condominium Association represented by Paul
Taddune has proposed an application for an amendment to Title 26, the City of Aspen
Land Use Code to amend Section 26.71O.190(D)(2)(a), Lodge Zone District,' Minimum
Lot Area per Dwelling Unit, to allow there to be no minimum lot area per dwelling unit
requirement for the development of deed-restricted affordable housing in the Lodge Zone
District; and,
WHEREAS, the Community Development Director has sponsored the proposed
code amendment to be heard by the Planning and Zoning Commission and City Council;
and,
WHEREAS, pursuant to Sections 26.310.040, the Planning and Zoning
Commission, in accordance with the procedures, standards, and limitations of this
Chapter, shall by resolution recommend that City Council approve, approve with
conditions, or deny a Code Amendment application, after considering a recommendation
by the Community Development Department and taking and considering public
comments; and,
WHEREAS, the Planning and Zoning Commission conducted a public hearing,
considered the recommendation of the Community Development Director and public
testimony on the proposed Code Amendment; and,
WHEREAS, during a duly noticed public hearing on May 2, 2006, the Planning
and Zoning Commission opened and continued the public hearing to May 16, 2006; and,
WHEREAS, during a continued public hearing on May 16, 2006, the Planning
and Zoning Commission approved Resolution No. 19, Series of 2006, by a five to zero
(5-0) vote, recommending that the City Council approve the land code amendment to
amend Section 26.710J90(D)(2)(a), Lodge Zone District,' Minimum Lot Area per
Dwelling Unit, to allow there to be no minimum lot area per dwelling unit requirement
for the development of deed-restricted affordable housing in the Lodge Zone District;
and,
WHEREAS, the Planning and Zoning Commission finds that the Code Amendment
proposal meets or exceeds all applicable amendment standards and that the approval of the
Code Amendment, is consistent with the goals and elements of the Aspen Area Community
Plan; and,
WHEREAS, the Aspen Planning and Zoning Commission finds that this Resolution
furthers and is necessary for the promotion of public health, safety, and welfare.
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NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF ASPEN
PLANNING AND ZONING COMMISSION as follows:
Section 1:
Pursuant to the procedures and standards set forth in Title 26 of the Aspen Municipal Code,
the Planning and Zoning Commission hereby recommends that City Council approved the
requested land use code amendment to Land Use Code Section 26.71 0.1 90(D)(2)(a),
Lodge Zone District,' Minimum Lot Area per Dwelling Unit, to allow there to be no
minimum lot area per dwelling unit requirement for the development of deed-restricted
affordable housing units in the Lodge Zone District, as is noted in the following sections:
Section 2:
Section 26.71 0.190(D)(2)(a), Lodge Zone District: Minimum Lot Area per Dwelling Unit,
ofthe Aspen Municipal Code shall be amended to read as follows:
Section 26.710.190(D)(2)(a). Minimum Lot Area per Dwellinl!: Unit
a. Multi-Family residential- 3,000 square feet. When the development is
residential, there is no minimum requirement for an affordable housing
unit.
Section 3:
All material representations and commitments made by the applicant pursuant to the Code
Amendment approvals as herein awarded, whether in public hearing or documentation
presented before the Planning and Zoning Commission or City Council, are hereby
incorporated in such Code Amendment approvals and the same shall be complied with as if
fully set forth herein, unless amended by an authorized entity.
Section 4:
This Resolution 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 5:
If any section, subsection, sentence, clause, phrase, or portion of this Resolution 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.
Approved by the Commission at its regular meeting on May 16, 2006.
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APPROVED AS TO FORM:
PLANNING AND ZONING COMMISSION:
City Attorney
Jasmine Tygre, Chair
ATTEST:
Jackie Lothian, Deputy City Clerk
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LAW OFFICES OF
PAUL J. TADDUNE, p.e
PAULJ. TADDUNF.
AFFILIATED OFFICE
323 WEST MAIN STREET, SUITE 301
ASPEN, COLORADO 81611
TELEPHONE (970) 925-9190
TELEFAX (970) 925-9199
INTERNET: taddune@compuserve.com
FmVLER, 5CHIMBERG & FLANAGAN, P.c.
1640 GRANT STREET, SUITE 300
DENVER, COLORADO 80203
TELEPHONE (303) 298-8603
TELEFAX (303) 29S-S748
WILLIAM GUEST, OF COUNSEL
February 13,2006
City of Aspen Community Development
Attn: James Lindt, Senior Planner
130 South Galena Street, Third Floor
Aspen, CO 81611
Re: Lift One Condominiums:
. Exemption from Growth Management for Creation of Affordable Housing Unit
. Exemption from Subdivision for Condominium Plat Modification
. Code Amendment to Remove the Density Requirement in the Lodge District for Affordable
Housing Unit
Dear ML Lindt:
Please accept this letter and the enclosed materials as an application by Lift One
Condominium Association, Ine (the "Association") for exemption from growth management for
the creation ora rental affordable condominium housing unit, to be known as Unit 109, Lift One
Condominiums, 131 East Durant Avenue, Aspen, Colorado 8161 L
In connection with the creation of an affordable housing unit, this application also
requests an exemption from subdivision procedures for a supplemental modification to the
Condominium Map to depict the new unit, confirmation that no additional parking will be
required for the new unit and a code amendment to delete the current requirement for a 3,000
square foot minimum lot area per dwelling unit as it may pertain to affordable housing, The
Condominium Map for Lift One Condominiums was recorded on November 17, 1972 in Book 4,
Page 312, Pitkin County real estate records, Reduced copies are enclosed for easy reference,
Unit 110, Lift One Condominiums, as identified on the Condominium Map, is currently owned
by the Association,
The Association proposes to divide Unit 11 0 into 2 units, thereby creating Unit 109 for
the purpose of restricting the new Unit 109 to affordable housing, The Lift One Condominium
project was created by a condominium map filed on November 17, 1972, long before the
implementation of a sophisticated City zoning regimen, Unit 110 was divided into two separate
units shmily after the condominium map was filed, but the map was not amended, The
Association desires to establish one half of Unit 110 as a rental affordable housing condominium
<,,'"--"-.
""..,."-'
City of Aspen Community Development
Attn: James Lindt, Senior Planner
February 13, 2006
Page 2
unit for use primarily by employees of the Lift One Condominiums who meet the qualifications
of Category 4 and below, if appropriate,
Unit 109 will comprise a two bedroom unit, as generally depicted on the floor plan
attached hereto,
This application is submitted pursuant to Section 26,304 (i,e, common procedures),
Section 26A70,040C7 (i,e. affordable housing exemption) and Section 26A80,090 (i,e,
amendment to condominium map),
Submitted herewith are an original and 30 copies of the following:
I, Agreement for Payment of City of Aspen Development Application Fees,
2, Land Use Application,
3, City of Aspen Pre-Application Conference Summary,
4, Copy of Stewart Title Company's Commitment (tbd) demonstrating the Association's
ownership of common Unit 110,
5, Proposed revised condominium map generally showing existing floor plan and
proposed floor plan, A precise survey depiction will be available by the date of the
Planning and Zoning Commission hearing to become a part of the application,
6, Owner's authorization,
The information required by Section 26A70240C7 is as follows:
(a) sufficient growth management allotments are available to accommodate the
segregation of appropriate living space from Unit 110 to create an employee unit to be known as
Unit 109, Lift One Condominiums;
(b) the proposed development is consistent with the Aspen Area Community Plan,
because an affordable housing condominium unit will be provided;
(c) the proposed affordable housing condominium unit will comply with the _
guidelines of the Aspen/Pitkin County Housing Authority, A recommendation fi'om the
Aspen/Pitkin County Housing Authority will be provided after this application is accepted,
together with a proposed lease and deed restriction;
"","''''
/'-'
............
City of Aspen Community Development
Attn: James Lindt, Senior Planner
February 13,2006
Page 3
(d) Subparagraph (d) is not applicable because this application is unrelated to any
independent development application; and
( e) the proposed affordable housing condominium unit will be restricted to
comply with the City of Aspen requirements.
The Association also requests an amendment to the Land Use Code to exempt an
affordable housing unit in the Lodge District Ii'om the minimum 3,000 square feet per unit
requirement, generally along the lines requested by staff in the code amendment ordinance
proposed by staff to the City Council on January 9, 2006, Staffs proposed ordinance has been
tabled, The Association proposes that Section 26,710.190 Paragraph 2(a) be amended to read as
follows:
"2, Minimum Lot Area Per Dwelling Unit (Square Feet)
Multi-family ResidentiaL When the dcvelopment is residential, there is no
minimum requirement for an affordable housing unit in a mixed use or lodging
development"
Also enelosed herewith is the Association's check in the amount of $1,510,00 as the
initial fee, a list of adjacent property owners within 300 feet and a CD with all pertinent
documents,
If you need any additional information, please feel free to contact me.
Very tfLlly yours,
PAUL r TADDUNE, P,C
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18187665230
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T-690 P002/002 F-462
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CITY OF ASPEN COMMt,fNffY DEVELOPMENT DEPARTMENT
CITV OF ASPEN (h~ CJTY) ond
&,;""""'ll\)r J'''~;l>f Citv. off """"" l>ovelonm.., MPI ltil troll 1'...
Lift QR~ C~~nium AS5DCi~t1oh.
XbO~
(here/""iler Ml'LlCANT) AGREE A8 POLLOWS,
1, APrLICANT bas sublllittlld II) CITY 1m "l'plicafiDll fOi' Exemption frOlll ~QS and
(;1,hA"!'\oT1J!t{nn fon ,.,....rin+,o. ..';+"nri'f.<;lil)lp-. 'l:1<"1n-<1~ '"'g nnlt ' nq.
(h"'-eina1W, 11iE "R0JECfl
<. ApI'LlCAl'I'r 'Wldorrtanas l\lld a,;:;n;m th'lt ell)' 1>1 ;\Spell Ordinance No, 57 (Sec.e,s of
2(00) estilbli.J.es a 1!:c ~~ for Land the lll>l'lica1iollS and !he p"yment of ail p=inI: f_ i> "
condition p~' I~ . d.ietMil\llliQtl of appli_ """'1>1-.=.
3, APPUCANJ" - cn-Y~ 1Imt boclw:io 0114 $i~.. namre of soap. of ill, ~
project, it j, ooC ,po..ibJe oI1his time to ...estlill the fullllldeJlt or lb. co.'" lllvolvod fn Foee:llrlng the
opplicAtion, MPLreANT ond Cl"rY furl),or _ <h.u it is in tho InnmSt of /he pari!es that APPl.lCANr
fll8ke l"'ymrnl of an initial deJl65i! """ ,I<) 'lIl~r l"lhnlt lIlldltJoMlc= 10 be bjUed t.J APPl.lCAlIT on
· mootllly!=is- Al'f>UCA.N"r.~ ~ = mal' "CCru<: following t!lcir bearinS> andlm
'ppro~Jll', AI'!'LIC/!.N1 ~ be will be"btl>/lfited 'by ",taining l';le!lEr OMlr iiq>Jidily an<! wiU make
>ddiri\moll"'ymOnto UP<>Q notiil""tlon by'1l>' CITY wh,en thoy'",& ~f "" citr3 >TO i~. dTY
~ ~ wi.U 'be ~'<llefltf.tl lIIrough 1M- ~ cO:tain'l' ilf re;"veUog i~ full C(>Sts 10 pro=<
APPL1CA.NT'S lljlplltlUiOll.
4. CITY an<! .APPLlCANT~tl:W""m.. n is lml"'""'fc..o!c fur em s\a1l'to =1'1=
processing or ~1.ut1ielant lr>iormaii<lIl III Jhe 'flIOllliln8,COI'"nl...!cn ""dlot City Council to ""obi. tlJe
P"""'-i"l; C_Is3I<>n .".yo. Ci1y CowNil to ilW;o "'sAlty "'qui1O<l. filldl"l!" fut projOOl eon<idenuiM.
un le>s currom buljny "'e paid in :full pMr to d..,MOl1.
S. 'fhotclllte, APl!'LJCANT ~ lhat U; """"iderdtiotl of tho CITY', woiv., ofits <i8/rt to
enllt<;t tul1 !lito prior Jl) . dOlt>ntllll*lloll of,ftpplicwOll eompleled...., APPLICANT >hall ~_ an illlliol
depositillihc'"",QUQloi'SlRl", nt>'lllk:hkh_ ,!low. of Cnmrnually th:>v<>lopmei>t sm!t
0010. ..rd it ""lUOl reea~ ."",,, *,,"""d tlio-lrulliU d"!>o,it,, Al'PwCANI <hilIl pay Mdlli<>1lJU _nllll)'
billing> ro CITY to ~ln.m; th" CITY fut lbe pmc=ing ot1l>e "P!>lioatio. mentioned ehQv", including
pOll< ~RMll ",vlt:w 4l\ 1\ ""'" nfmO.oo pe< phomer hllo, OVcr the l/lltillJ de~lt. Such ptrlbdl. po.,m.."
JIloll be ""'<It 'N;lbin 311 daY9 of the billlUg dW. APPLICANT .f~... 0gtC<t that !hil"", 10 P"II socii
..otwd eo." xhaI! bo ground< rot ''''pell&<ln of J>f"a<:=i~ O\ad in no """ will bulldilt~ pennl!.> b. ""Wxl
"ntH all CQ:J'-'> ~oco.ian:d with -case p~ ~c been: paid.
CITY OF ASI'EN
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CO"'''IU~tty lil...lapmttlt,ol.<<tor
Al'.J?LICA,NT
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BIJIf~g d<<3S lUId T .1"1'hOfte Numbe"
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1~1 East Dt'1rant AV~nHe-
AS"""", CO 8lb1.~
T~~phone: 970-925-1670
g;IsUI'POTlif~s""::n.Y:U.doc
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Received Time Jan, 27, 12:43PM
,..
'-,~_./
ATTACHMENT 2-LAND USE APPLICATION
APPLICANT:
Name:
Location:
Lift One Condominium Association,. Iile_
131 East Durant Avenue! Aspen, CO 81611
(Indicate street address, lot & block number, legal description where appropriate}
273513110025
Parcel ill # (REQUIRED)
REPRESENTATIVE:
Name:
Paul J. Taddune
323 West Main Street, Suite 301, Aspen, co 81611
Address:
Phone #:
970-925-9190
PROJECT:
Name:
Address:
Lift One Condominium Association
Phone #: 970-925-1670
TYPE OF APPLICATION: (please check all that apply):
0 Conditional Use 0 Conceptual PUD 0 Conceptual Historic Devt,
lXJ Special Review (Parking) 0 Final PUD (& PUD Amendment) 0 Pinal Historic Development
0 Design Review Appeal 0 Conceptual SPA 0 Millor Historic Devt,
0 GMQS Allotment 0 Pinal SPA (& SPA Amendment) 0 Historic Demolition
[i] GMQS Exemption 0 Subdivision 0 Historic Designation
0 ESA - 8040 Greenline, Stream [X] Subdivision Exemption (includes 0 Small Lodge Conversion!
Margin, Hallam Lake Bluff, condominiumization) Expansion
Mountain View Plane
0 Lot Split 0 Temporary Use [K] Other: Code Amendment
0 Lot Line Adjustment 0 Text/Map Amendment
131 East Durant Avenue, Aspen, CO 81611
EXISTING CONDITIONS: (description of existing buildings, uses, previous approvals, etc,) The Lift One Condominiums
rrnjp~T W~~ r.rp.~tp.n bv a condominium map filed of record on November 17, 1972 at
Book 4 Paqe 315 Pitkin County real estate records
PROPOSAL: (description of proposed buildings, uses, modificationS, etc) Create an affordable housing unit,
Unit 109, that is currently a part of Unit 110
Have you attached the following? FEES DUE: $
o Pre-Application Conference Su=ary
o Attachment #1, Signed Pee Agreement
o Response to Attachment #3, Dimensional Requirements Porm
o Response to Attachment #4, Submittal Requirements- Including Written Responses to Review Standards
All plans that are larger than 8.5" x 11" must be folded and a floppy disk with an electronic copy of all written
text (Microsoft Word Format) must be submitted as part of the application.
PLANNER:
PROJECT:
REPRESENT A T1VE:
OWNER:
TYPE OF APPLICATION:
DESCRIPTION:
,.....,
/'
',-"
,
CITY OF ASPEN
PRE-APPLICATION CONFERENCE SUMMARY
James Lindt, 429-2763 DATE: 1/6/06
Lift One Condominiums- Legalize Bandit Unit
Paul Taddune
Lift One Condominium Association
Growth Management Review for the Development of Affordable Housing, Amendment to
Condominium Plat, Possible Special Review to establish Parking Requirements
As was discussed during the pre-application conference, the Lift One
Condominium Association would like to legalize a bandit unit that has likely
existed since the 1970s and malce it a deed restricted affordable housing unit In
order to do so, the Applicant requires growth management review for the
development of a new affordable housing unit pursuant to Land Use Code Section
26A70,040(C}(7>-
Special Review approval may be necessary to establish the parking requirement
for the site as what currently exists if there are not enough parking spaces existing
on the site to satisfy the parking requirements in the land use code for the existing
free-market units and the proposed affordable housing unit If the unit is
legalized, an amended condominium plat should be filed to represent that the unit
exists, Additionally, the Building Department may require that the unit he
brought into compliance with certain building code requirements,
A code amendment will also be necessary to remove the density requirement in the
Lodge District for affordable housing units. This is needed because the building is
already non-conforming related to tbe minimum lot area per dwelling unit
requiremeut that is in the code. Staff will sponsor the code amendment request as
is needed to change a zone district.
Applicable Code Sections:
26.304 Common Development Review Procedures
26.310 Amendments to the Land Use Code and Official Zone District Map
26.470.040(C)(7) Growth Management Review for Affordable Housing
26.480.090 Amendment to Condominium Plat
26.515 Off-Street Parking
26.710,190 Lodge (L) Zone District
Review by:
Staff for complete application, referral agencies for technical considerations (Housing), Planning
and Zoning Commission for review of the growth management and special review for parking
requests. City Council will review the code amendment after considering a recommendation
from the Planning and Zoning Commission, The Community Development Director may
approve an amended condominium plat if the Planning and Zoning Commission approves the
growth management review to legalize the unit.
Yes at P & Z ancl at 2nd Reading of the Code Amendment Ordinance.
$1320 Deposit for 6 hours of stafftime (additional staff time required is billed at $220 per hour)
$]90
$1510
Public Hearing:
Planning Fees:
Referral Agency Fees:
Total Deposit:
To apply, submit the following information:
1. Total Deposit for review of application,
2, Completed Land Use Application,
"''''",
, "
',,......
3, Completed Dimensional Requirements Form (Attachment 2 in Land Use Application Packet),
4, 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 act on behalf of the
applicant
5, Signed fee agreement
6, Pre-application Conference Summary,
7, An 8 1/2" x ] ]" vicinity map locating the subject parcels within the City of Aspen,
8, Proof of ownership,
9, Site plan or site improvement survey showing parking configuration,
10, Floor plans of unit to be legalizecL
1 I, A written description of the proposal and a written explanation of how a proposed development
complies with the review standards relevant to the development application, This should include the
proposed coele amendment language,
30 Copies of the complete application packet (items 2-10)
12, List of adjacent propeliy owners within 300' for public hearing, The GIS department can provide this list on
mailing labels for a small fee, 920,5453
13, Copies of prior approvals,
]4, Applications shall be provided in paper format (number of copies noted above) as well as the text only on either
of the following digital formats, Compact Disk (CD)-preferred, Zip Disk or Floppy DisL Microsoft Word
format is preferred, Text format easily convertible to Word is acceptable,
Process:
Apply. Planner will then check the application for completeness. Application is referred to applicable referral agencies and the
Applicant is given a public hearing date by Staff. Staff writes a memo of recommendation. Planning and Zoning Commission reviews
case and makes a final determination on the growth management review and special review for parking at a public hearing. City
Council makes determination on code amendment request after considering a recommendation from the Planning and Zoning
Commission.
Disclaimer:
The foregoing slImmary 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 representatic)]]s that mayor may not be accurate. The summary does not create a legal
or vested right.
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American Land Title Association Commitment - 1982
TITLE INSURANCE COMMITMENT
BY
Order Number:
44498-C2
We agree to issue policy to you according to the terms of the Commitment When we show the policy
amount and your name as the proposed insured in Schedule A, this Commitment becomes effective as of
the Commitment Date shown iu Schedule A
If the Requirements shown in this Commitment have not been met within six months after the
Commitment Date, our obligation under this Commitment will end, Also, our obligation under this
Commitment will end when the Policy is issued and then our obligation to you will be under the Policy,
Our obligation under this Conunitmcnt is limited by the following:
The Provisions in Schedule A
The Requirements in Schedule B-L
The Exceptious in Schedule B-IL .
The Conditions on Page L
This Commitment is not valid without SCHEDULE A and Sections I and IT of SCHEDULE R
IN WITNESS WHEREOF, Stewart Title Guaranty Company has caused its corporate name and seal to
be bereunto affixed by its duly authorized officers on the date shown in Schedule A
stewart
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Countersigned:
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Stewart Title of Colorado, Inc. - Aspen Division
620 East Hopkins Avenue
Aspen, CO 81611
(970) 925-3577
Order Number: 44498-C2
Page I of2 Commitment - 235 W/O Disclosure
1'"
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CONDITI.ONS
1. DEFINITIONS
(a) "Mortgage" means mortgage, deed of trust or other security instrument (b) "Public Records"
means title records that five constructive notice of matters affecting your title - according to the
state statutes where your land is located,
2. LATER DEFECTS
The Exceptions in Schedule B - Section II may be amended to show any defects, liens or
encumbrances that appear for the first time in the public records or are created or attached between
the Commitment Date and the date on which all of the Requirements (a) and (c) of Schedule B _
Section I are met We shall have no liability to you because ofthis amendment
.
3. EXISTING DEFECTS
If any defects, liens or encumbrances existing at Commitment Date are not shown in Schedule B, we
may amend Schedule B to shown them, If we do amend Schedule B to show these defects, liens or
encumbrances, we shall be liable to you according to Paragraph 4 below unless you knew of this
information and did not tell us about it in writing,
4. LIMITATION OF LIABILITY
Our only obligation is to issue to you the policy referred to in this Commitment when you have met
its Requirements, If we have any liability to you for any loss you incur because of an error in this
Commitment, our liability will be limited to your actual loss caused by your relying on this
Commitment when you acted in good faith to:
Comply with the Requirements shown in Schedule B - Section L
or
Eliminate with our written consent any Exceptions shown in Schedule B - Section II
We shall not be liable for more than the Policy Amount shown in Schedule A of this Commitment
and our liability is subj ect to the terms of the Policy form to be issued to you,
5. CLAIMS MUST BE BASED ON THIS COMMITMENT
Any claim whether or not based on negligence, which you may have against us concerning the title
to the land must be based on this Commitment
II
Order Number: 44498-C2
Page 2 of 2 Commitment - ?35 W/O Disclosure
II
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COMMITMENT FOR TITLE INSURANCE
SCHEDULE A
Effective Date: December 16, 2005 at 7:30 a,ill- Order Number: 44498-C2
2. Policy or Policies To Be Issued:
(X) ALIA (1992) Owner's Policy
Amount:
TOBE
DETEMlINED
( X ) Standard ( ) Extended
Premium:
Proposed Insured: To Be Determined
( ) ALT A 1992 Loan Policy
( ) Standard ( ) Extended
Amount:
Premium:
3. The estate or interest in the land described or referred to in this Commitment and covered herein is:
Fee Simple
4. Title to the estate or interest in said land is at the effective date hereof vested in:
Lift One Condominium Association, lIK, a corporation duly organized and existing under and by
virtue of the laws of the State of Colorado,
5. The land referred to in tbis Commitment is described as follows,
Condominium Unit 110, LIFT ONE CONDOMINIUMS, according to the Condominimn Map
thereof, recorded November 17, 1972 in Plat Book 4 at Page 312 as Reception No, 155370, and as
further defined and described in the Condominium Declaration for Lift One Condominiums,
recorded November 17,1972 in Book 268 at Page 921 as Reception No, 155369,
County of Pitkin, State of Colorado
Statement of Charges
Policy premiums shown above, and
any charges sbown below are due and
payable before a policy can be issued,
To Be Determined
Examiner Name: Chuck Darn
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SCHEDULE B - Section 1
REQUIREMENTS
Order Number: 44498-C2
The followiug are the requirements to be complied with:
Item (a) Payment to or for the account of the grantors or mortgagors of the full
consideration for the estate or interest to be insured.
Item (b) Proper instrument(s) creating the estate or interest to be insured must be executed
and duly filed for record, to wit:
L Release of Deed of Tnlst
Dated: September 22,1988,
Executed by: Lift One Condominium Association, Inc" a Colorado non-profit
corporation,
to the Public Trustee of Pitkin County, to secure an indebtedness
in the amount of: $168,000,00,
in favor of: Sun Savings & Loan Association,
Recorded: September 22, 1988 in Book 573 at Page 868
as Reception No,: 304199,
NOTE: The beneficial interest under said Deed of Trust was assigned ofrecord to State
Street Bank and Trust Company, as Trustee by Federal Deposit Insurance Corporation, as
Conservator recorded August 14,1998 as Reception No, 420715,
2, Certificate of Incorporation or Certificate of Good Standing of Lift One Condominium
Association, Inc" a Colorado non-profit corporation, issued by the Secretary of State of
Colorado,
3, Evidence satisfactory to Stewart Title Guaranty Company, furnished by the Office of the
Director of Finance, City of Aspen, that the following taxes have been paid, or that
conveyance is exempt from said taxes:
(1) The "Wheeler Real Estate Transfer Tax" pursuant to Ordinance No, 20 (Series of 1979)
and (2) The "Housing Real Estate Transfer Tax" pursuant to Ordinance No, 13 (Series of
1990),
4, Certificate from the management group evidencing the fact that all Condominium expenses
have been paid pursuant to Paragraph No, 26 of the Condominium Declaration,
5, Indemnity and Affidavit as to Debts, Liens and Leases, duly executed by the seller and buyer
and approved by Stewart Title of Aspen, Inc,
6, Deed from vested owner, vesting fee simple title in purchaser(s),
t!"'"
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SCHEDULE B - Section 2
EXCEPTIONS
Order Number: 44498-C2
The policy or policies to be issued will contain exceptions to the following unless the same
are disposed of to the satisfaction of the Company:
L Rights or claims of 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 facts
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 material heretofore or hereafter furnished,
imposed by law and not shown by the public records,
5, Defects, liens, encumbrances, adverse claims or other matters, if any, created, first appearing
in the public records or attaching subsequent to the effective 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
6, Unpatented mining claims; reservations or exceptions in patents, or an act authorizing the
issuance thereof; water rights, claims or title to wateL
7, Any and all unpaid taxes and assessments and any unredeemed tax sales,
The effect of inclusions in any general or specific water conservancy, fire protection, soil
conservation or other district or inclusion in any water service or street improvement area.
8, Right of the proprietor of a vein or lode to extract and remove his ore therefrom, should the
same be found to penetrate or intersect the premises hereby granted, as reserved in United
States Patent recorded August 26, 1949 in Book 175 at Page 298 as Reception No, 96929,
9, Terms, conditions, restrictions and obligations as set forth in the Condominium Declaration
for Lift One Condominiums, recorded November 17, 1972 in Book 268 at Page 921 at
Reception No, 155369,
10, Easements, rights of way and other matters as shown and contained on Condominium Map of
Lift One Condominiums recorded November 17, 1972 in Plat Book 4 at Page 312 as
Reception No, 155370
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Any and all unpaid taxes and assessments and any unredeemed tax sales,
The effect of inclusions in any general or specific water conservancy, fire protection, soil
conservation or other district or inclusion in any water service or street improvement area,
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DISCLOSURES
Pursuant to CR,S, 10-]]-122, notice is hereby given that:
A The subject real property may be located in a Special Taxing District;
R A Certificate of Taxes due listing each taxing jurisdiction shall be obtained form the County Treasurer or the County
Treasurer's authorized agent;
C Information regarding Special Districts and the boundaries of such districts may be obtained from the Board of
County Commissioners, the County Clerk and Recorder, or the County AssessoL
Note: Colorado Division of Insurance Regulations 3-5-1, Paragraph C of Article VII requires that "Every title entity
shall be responsible for all matters which appear of record prior to the time of recording whenever the title entity
conducts the closing and is responsible for recording or filing of legal documents resulting from the transaction
which was closed," Provided that Stewart Title of Colorado, ltK - Aspen Division conducts the closing of the
insured transaction and is responsible for recording the legal documents from the transaction, exception number 5
will not appear on the Owner's Title Policy and the Lender's Title Policy when issued,
Note: Affirmative Mechanic's Lien Protection for the Owner may be available (typically by deletion of Exception No, 4
of Schedule B, Section 2 of the Commitment form the Owner's Policy to be issued) upon compliance with the
following conditions:
A, The land described in Schedule A of this commitment must be a single family residence, which includes a
condominium or townhouse unit.
R No labor or materials have been fumished by mechanics or materialmen for purposes of construction on the
land described in Schedule A ofthis Conunitment within the past 6 months,
C The Company must receive an appropriate affidavit indemnifying the Company against un filed mechanic's
and materialmen's liens.
D, The Company must receive payment of the appropriate premium
E. If there has been construction, improvements or major repairs undertaken on the property to be purchased,
within six months prior to the Date of Cormnitment, the requirements to obtain coverage for unrecorded
liens will include: disclosure of certain construction information; financial information as to the seller, the
builder and/or the contractor; payment of the appropriate premium; fully executed Indemnity agreements
satisfactory to the company; and, any additional requirements as may be necessary after an examination of
the aforesaid information hy the Company,
No coverage will be given under any circumstances for labor or material for which the insured has contracted for or
agreed to pay,
NOTHING HEREIN CONTAINED WILL BE DEEMED TO OBLIGATE THE COMPANY TO PROVDE ANY
OF THE COVERAGES REFERRED TO HEREIN UNLESS THE ABOVE CONDITIONS ARE FULLY
SA TISFIED,
File Number: 44498-C2
Stewart Title oreolorado, Inc, - ASp011 Division
Disclosures
Page 1 of I
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PRIVACY POLICY NOTICE
PURPOSE OF THIS NOTICE
Title V of the Grarnm-Leach-Bliley Act (GLBA) generally prohibits any financial institution, directly
or through its affiliates, from sharing nonpublic personal information about you with a nonaffiliated
third party unless the institution provides you with a notice of its privacy policies and practices, such
as the type of information that it collects about you and the categories of persons or entities to whom
it may be disclosed, In compliance with the GLBA, we are providing yon with this document, which
notifies you of the privacy policies and practices of Stewart Title of Colorado, Inc. - Aspen
Division and Stewart Title Guaranty Company
We may collect nonpllblic personal information about you from the following sources:
. Infonnation we receive from you, such as on applications or other forms_
. Information about your transactions we secure from our files, or from our affiliates or others.
. Infonnation we receive from a consumer reporting agency.
. Infonnation that we receive from others involved in your transaction, such as the real estate
agent or lender-
Unless it is specifically stated otherwise in an amended Privacy Policy Notice, no additional
nonpublic personal information will be collected about you,
We may disclose any of the above information that we collect about our customers or former
customers to our affiliates or to nonaffiliated third parties as permitted by law,
We also may disclose this information about our customers or former customers to the following
types of nonaffiliated companies that perfonn marketing services on our behalf or with whom we have
joint marketing agreements:
. Financial service providers such as companies engaged in banking, consumer finance,
securities and insurance.
. Non-financial companies such as envelope stuffers and other fulfillment service providers.
WE DO NOT DISCLOSE ANY NONPUBLlC PERSONAL INFORMATION ABOUT YOU WITH
ANYONE FOR ANY PURPOSE THAT IS NOT SPECIFICALLY PERMITTED BY LAW,
We restrict access to nonpublic personal infonnation about you to those employees who need to know
that information in order to provide products or services to you. We maintain physical, electronic,
and procedural safeguards that comply with federal regulations to guard your nonpublic personal
information.
File Number; 4449S-C2
Stewart Title ofC)!orado, Inc. - Agp~n Divisioll
Privacy Policy Notice
Page 1 of I
. ,0./24/2005 04: 23
1
CAROLE Bc~' NJRST
PAGE 02/02
LIFT ONE CONDOMINIUM ASSOCIATION, INC.
131 EAST DURANT AVENUE
ASPEN, COLORADO 81:611
(970) 925~1670
January 25, 2006
City of Aspen Community Development Department
130 South Galena 'Street, Tlrird Floor
Aspen, CO 81611
Re; Lift One Condominiums:
. Exemption from Growth Management for Creation of Affordable Housing Unit
Exemption from Subdivision for Condominium Plat Modification
Special Review for Parking Requirements
. Code Amendment to Remove fhe Density Requirement in the Lodge District for
Affordable Housing Unit
To Whom-It May Concern:
Please2!>eept this lette:ras authorization forme submission of an application for exemption from
growth rn"n~ent fur1he creation of an affurdable condorniniumhousing unit as set forth in the letter:from
Paul J. Taddune dated as of January 25, 2006, on behalf of the Lift One Condominium Association, Inc.
The submisSion of the application has been ':~thori2ed by the Boate! ofManagers and the Membership of
the Lift One Condominium Association, Inc. Mr. T addune is authorized to represent the Association with
regard to this application.
Very truly yours,
LIFT ONE CONDO}"fiNJUM ASSOCIATION, INC.
Z 'dReceived Time Jan,24, 3:52PM
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1Nnoo~ I ln~rl
NrlRn:ll qnnl 't7'Uef
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PUBLIC NOTICE +0 f'C(lA( 01/1
LIFT ONE CONDOMINIUMS CONSOLIDATED CONCEPTUALIFINAL puftg/ Z:i/ob
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RE:
NOTICE IS HEREBY GIVEN that a public hearing will be held on Monday, July 24, 2006, at
a meeting to begin at 5:00 p.m. before the Aspen City Council, Council Chambers, City Hall,
130 S. Galena St., Aspen, to consider an application submitted by the Lift One Condominium
Association, Inc. requesting approval of a consolidated conceptual/final PUD application to add
parapet and gable roof elements to the roof of the Lift One Condominiums. The subject property
is located at 131 E. Durant Avenue and is commonly known as the Lift One Condominiums.
The contact information for the Applicant is as follows: Lift One Condominium Association,
131 E. Durant Avenue, Aspen, CO 81611
For further information, contact James Lindt at the City of Aspen Community Development
Department, 130 S. Galena St., Aspen, CO 970.429.2763, (or by email jamesl@ci.aspen.co.us).
s/Helen Kalin Klanderud
Aspen City Council
Published in the Aspen Times on July 2, 2006
City of Aspen Account
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RESOLUTION NO. 21
(SERIES OF 2006)
A RESOLUTION OF THE ASPEN PLANNING AND ZONING COMMISSION
RECOMMENDING THAT CITY COUNCIL APPROVE A CONSOLIDATED
CONCEPTUAL/FINAL PUD TO ALLOW FOR THE LIFT ONE
CONDOMINIUMS TO CONSTRUCT GABLE AND CHIMNEY ROOF
IMPROVEMENTS, CITY AND TOWNSITE OF ASPEN, PITKIN COUNTY,
COLORADO.
WHEREAS, the Community Development Department received an application
from the Lift One Condominium Association, owners, represented by Paul Taddune,
requesting approval of a consolidated conceptual/final PUD application to construct gable
roof and chimney improvements to the Lift One Condominiums, City and Townsite of
Aspen; and,
WHEREAS, during a duly noticed public hearing on June 6, 2006, the Planning
and Zoning Commission approved Resolution No. 21, Series of2006, by a four to one (4-
I) vote, recommending that City Council approve a consolidated conceptual/final PUD to
construct gable roof and chimney improvements to the Lift One Condominiums, City and
Townsite of Aspen; and,
WHEREAS, the Aspen Planning and Zoning Commission has reviewed and
considered the development proposal under the applicable provisions of the Municipal Code
as identified herein; and,
WHEREAS, the Planning and Zoning Commission finds that the development
proposal meets or exceeds all applicable development standards and 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 Planning and Zoning Commission finds that this resolution
furthers and is necessary for the promotion of public health, safety, and welfare.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF ASPEN PLANNING
AND ZONING COMMISSION AS FOLLOWS:
Section 1
Pursuant to the procedures and standards set forth in Title 26 of the Aspen Municipal Code,
the Planning and Zoning Commission hereby recommends that City Council approve a
consolidated conceptual/final PUD to construct gable roof and chimney improvements to
the Lift One Condominiums, subject to the conditions contained herein.
Section 2: Final PUD Plans
A final PUD Plan shall be recorded in the Pitkin County Clerk and Recorder's Office
within 180 days of the final approval and shall include the following:
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A. A drawing representing the project's architectural character.
Section 3: PUD Approvals
The approvals granted herein are explicitly to allow for the roof and chimney
improvements proposed in the elevation drawings provided to the Planning and Zoning
Commission in preparation for their June 6, 2006 meeting. The building height as shown
on the above referenced elevation drawings is legalized through this PUD, but all other
non-conforming dimensional requirements shall remain non-conforming and are not
legalized through the approval of this PUD. The chimneys shall only be permitted to
extend up to three (3) feet above the height of the existing chimneys.
Section 4:
All material representations and commitments made by the applicant pursuant to the
development proposal approvals as herein awarded, whether in public hearing or
documentation presented before the Planning and Zoning Commission, are hereby
incorporated in such plan development approvals and the same shall be complied with as if
fully set forth herein, unless amended by an authorized entity.
Section 5:
This resolution 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 6:
If any section, subsection, sentence, clause, phrase, or portion of this resolution 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.
APPROVED BY the Planning and Zoning Commission of the City of Aspen by a four to
one (4-1) vote on this 6th day ofJune, 2006.
APPROVED AS TO FORM:
PLANNING AND ZONING
COMMISSION:
City Attorney
Jasmine Tygre, Chair
ATTEST:
Jackie Lothian, Deputy City Clerk
TO:
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MEMORANDUM
lYB.
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Aspen Planning and Zoning Commission
~f:;.^
Joyce Allgaier, Community Development Deputy Director
THRU:
FROM: James Lindt, Senior Planner ~ L--
RE: Lift One Condominiums Growth Management Review, Subdivision
Exemption for Condo Plat Amendment, Special Review to Establish Off-
Street Parking Requirements, and a Consolidated Conceptual/Final PUD
Public Hearine
DATE: June 6, 2006
ApPLICANT /OWNER:
Lift One Condominium Association,
Inc.
REPRESENTATIVE:
Law Offices of Paul Taddune
LOCATION:
131 E. Durant Avenue
CURRENT ZONING:
Lodge Zone District.
PROPOSED LAND USE REQUESTS:
A growth management review for the
development of affordable housing
and a subdivision exemption for an
amendment to a recorded
condominium plat have been
requested. A code amendment to the
Lodge Zone District has also been
requested in conjunction with this
application and was considered at the
previous Planning and Zoning
Commission meeting.
Finally, a consolidated
conceptual/final PUD has been
requested for the construction of
parapet walls,
Photo Above: Lift One Condominium Building.
SUMMARY:
The Applicant requests the necessary land use
approvals to legalize an existing bandit dwelling unit
and deed restrict it as a voluntary, Category 4, two-
bedroom affordable housing unit. Additionally, the
Applicant requests the ability to construct new
architectural roof features and parapet walls to
improve the aesthetics of the building.
STAFF RECOMMENDATION:
Staff recommends that the Planning and Zoning
Commission approve with conditions, the growth
management, special review for parking, and
subdivision exemption requests to legalize the bandit
unit. Staff was somewhat split on our
recommendation related to the consolidated
conce tual/final PUD re uest.
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REVIEW PROCEDURE:
The Planning and Zoning Commission shall be the final review authority on both the
requested growth management review for the development of affordable housing and the
special review to establish the parking requirements. The Applicant has also requested an
amendment to the approved condominium plat to show the unit as a legal unit. An
amendment to an approved condominium plat may be approved by the Community
Development Director after the review of the other land use actions.
As was mentioned above, the Applicant has also requested an amendment to the land use
code to allow for deed-restricted affordable housing units to be exempt from the minimum lot
area per dwelling unit requirements in the Lodge Zone District. The code amendment to the
Lodge Zone District was reviewed by the Planning and Zoning Commission and was
recommended for approval to City Council by the Commission. Finally, the Planning and
Zoning Commission shall be the recommending body to City Council on the requested
consolidated conceptual/final PUD request.
LAND USE REQUESTS:
The Applicant has requested the following land use actions to convert the existing bandit
unit into a voluntary (not used for mitigation purposes) affordable housing unit and to
construct the proposed gable roof improvements:
. Growth Management Review for the Development of Affordable Housing.
. Special Review to Establish Off-Street Parking Requirements.
. Amendment to an Approved Condominium Plat (to be reviewed by the Community
Development Director if the other land use actions are approved).
. Code Amendment (being reviewed separate from other land use requests).
. Consolidated Conceptual/Final PUD.
PROJECT SUMMARY:
The Applicant, Lift One Condominium Association Inc, requests approval to convert a bandit
dwelling unit (Unit 109) that has existed in the Lift One Condominiums since the mid-I 970s
into a voluntary, deed-restricted, category 4 affordable housing unit. The unit subject to this
application is a two-bedroom unit that is located on the first floor of the south building.
Apparently, Unit 110 was split into two (2) separate units (Units 109 and 110) at some point
in time without the City's approval. Special review to establish the off-street parking
requirements are also requested to legalize the unit without having to provide an additional
parking space.
The Applicant has also requested a consolidated conceptuaVfinal PUD to construct gable and
parapet roof improvements on certain flat roof elements that exist on the Lift One
Condominiums. The existing building exceeds the height limit for multi-family residential
buildings of twenty-eight (28) feet in the underlying Lodge (L) Zone District. Therefore, a
PUD is required because portions of the proposed gable roof elements will exceed the
already non-conforming height of the existing building.
2
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STAFF COMMENTS:
Growth Manaf!ement Review for Development of AN'
In reviewing the growth management request for the development of affordable housing,
Staff believes that the proposal meets the review standards. There are enough affordable
housing allotments available to accommodate the proposed unit in that the community has
not reached the overall cap on affordable housing units of2,428. Additionally, the proposed
affordable housing unit has been reviewed by the Aspen/Pitkin County Housing Authority
and they have indicated that the proposed unit meets the housing guideline requirements.
Staff also feels that the application is consistent with the Aspen Area Community Plan
(AACP) in that it provides an affordable housing unit that is in close proximity and within
walking distance to the Commercial Core and Aspen Mountain. Additionally, the proposed
affordable housing unit is located within a free-market residential building that integrates the
types of housing as is encouraged in the AACP's Housing Section.
Special Review for Off-Street Parkinf!:
The Applicant has proposed to establish their off-street parking requirements for the site as
the existing number of parking spaces on the Lift One Condominium parcel. The Applicant
believes that converting the bandit unit that has been in existence since the 1970s will not
actually create an additional need for off-street parking since the unit has been occupied for
several decades off and on. Including the proposed affordable housing unit, there would be a
total of thirty-two (32) residential units in the building and there is twenty-two (22) off-street
parking spaces existing on the parcel. If this were a newly developed project, the Applicant
would be required to provide one off-street parking space for every residential dwelling unit,
equaling a total of thirty-two (32) parking spaces. Through the special review process, the
Planning and Zoning Commission can consider the parking needs of the inhabitants of the
building and the projected impacts that a proposal will have on theon-street parking spaces
in the neighborhood in setting the required parking for a property.
The Planning Staff agrees with the Applicant's assertion that the legalizing the bandit unit as
an affordable housing unit will likely not have much of an impact on the demand for parking
within the development since the unit has been in existence for quite some time.
Additionally, Staff does not see where there is any room to possibly provide additional
parking on the site. The Commission could require the Applicant to pay cash-in-lieu for the
additional parking space that would be required by the land use code's parking requirements
for the additional unit, which would amount to $30,000. However, Staff believes that
because there really will not be any excess demand for parking since the unit already has
existed in the building for over twenty years, Staff does not believe that the cash-in-lieu
requirement is warranted.
Growth Manaf!ement Approvals Continf!ent Upon Code Amendment:
The land use approvals being sought as part of this application to legalize the proposed
affordable housing unit can only be approved contingent upon the code amendment that the
Planning and Zoning Commission reviewed at the last meeting being finally approved by
City Council. Staff has included this requirement in proposed resolution.
Consolidated Conceptual/Final PUD.'
The Applicant has requested a consolidated conceptual/final PUD to add some gable roof
elements to areas of the existing flat roof and for the addition of height to the existing
3
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chimneys. As was briefly discussed earlier in this memorandum, a PUD is necessary to
construct these roof elements because the existing building is over the height limit and the
proposed roof elements would increase the already non-conforming height of the building.
The Applicant has indicated that the gable roof elements and chimneys are being proposed to
modernize the structure and improve the aesthetics of the design. Overall, the proposed
changes to the roof line of the building would increase the overall height as measured by the
City Land Use Code's height methodology by approximately four and a half feet to an
overall height of about 44 feet 6 inches (existing elevations are attached as Exhibit "C").
Staff was somewhat split on our opinions as to whether there is a public benefit to improving
the aesthetics of a condominium building that is already non-conforming related to its
dimensional requirements. Some members of Staff feel, that there is public benefit to
allowing for a condominium building to be retrofitted with an updated, modernized look to
provide a more visually interesting building. Others on Staff believe that there is no public
benefit in allowing for an already non-conforming free-market residential building to
modernize and prolong its lifespan as a non-conforming building.
That said, the majority of the planning staff members do not believe that the proposed roof
improvements, with the exception of the chimney elements, will push the building out of
scale with the buildings in the immediate neighborhood, which are some of the largest
buildings within the community. However, there was a consensus amongst Staff that the
chimney elements are somewhat overbearing and should be reduced in scale if the Planning
and Zoning Commission is inclined to recommend approval on the PUD portion of this
application.
REFERRAL AGENCY COMMENTS:
The City of Aspen Building Department and the Aspen/Pitkin County Housing Authority
have reviewed the proposal and their comments have been included as conditions or approval
as deemed appropriate.
RECOMMENDATION:
Staff believes that the proposed request to convert the bandit unit into a deed-
restricted, Category 4 rental unit meets the applicable review standards. As was also
discussed throughout this memorandum, there was not a consensus amongst Staff
about whether it was appropriate to allow for the proposed roof improvements to
further increase the height of the building beyond the height limit in the underlying
Lodge Zone District. There was consensus amongst Staff that the larger chimney
elements are somewhat overbearing and should be reduced in scale to the existing size.
Staff would recommend that if the Commission is inclined to approve the PUD request
that a condition be added to the proposed resolution requiring that the chimneys be
reduced in height and scale. The resolution that is attached represents the design as
proposed.
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RECOMMENDED MOTION (ALL MOTIONS ARE MADE IN THE AFFIRMATIVE):
"I move to approve Resolution No. :24, Series of 2006, approving with conditions, the
Lift One Condominiums growth management review for the development of affordable
housing and special review to establish the existing off-street parking as the required
parking to convert the bandit dwelling unit known as Unit 109 into a deed-restricted,
Category 4 affordable housing unit, and recommending that the City Council approve a
consolidated conceptual/final PUD to construct the gable roof and chimney improvements
as proposed. >>
ATTACHMENTS:
Exhibit A -- Review Criteria and Staff Findings
Exhibit B -- Application
Exhibit C -- Existing Elevations
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RESOLUTION NO. J)JI
(SERIES OF 2006)
A RESOLUTION OF THE ASPEN PLANNING AND ZONING COMMISSION
APPROVING WITH CONDITIONS, A GROWTH MANAGEMENT REVIEW
FOR THE DEVELOPMENT OF AFFORDABLE HOUSING AND SPECIAL
REVIEW TO ESTABLISH THE PARKING REQUIREMENTS FOR THE
CONVERSION OF UNIT 109 IN THE LIFT ONE CONDOMINIUMS TO A
DEED-RESTRICTED AFFORDABLE HOUSING UNIT, AND
RECOMMENDING THAT CITY COUNCIL APPROVE A CONSOLIDATED
CONCEPTUAL/FINAL PUD TO ALLOW FOR THE LIFT ONE
CONDOMINIUMS TO CONSTRUCT GABLE AND CHIMNEY ROOF
IMPROVEMENTS, CITY AND TOWNSITE OF ASPEN, PITKIN COUNTY,
COLORADO
WHEREAS, the Community Development Department received an application
from the Lift One Condominium Association, owners, represented by Paul Taddune,
requesting approval of a growth management review for the development of affordable
housing, special review to establish the parking requirements, and a code amendment to
the Lodge Zone District to convert a bandit dwelling unit in the Lift One Condominiums
known as Unit 109 to a deed-restricted affordable housing unit, and a consolidated
conceptual/final PUD application to construct gable roof and chimney improvements to
the Lift One Condominiums, City and Townsite of Aspen; and,
WHEREAS, the proposed code amendment to the Lodge Zone District is being
reviewed separately from the other land use actions being reviewed; and,
WHEREAS, pursuant to the applicable sections of the land use code, the
Community Development Director has reviewed the requested land use actions and
recommended approval, with the conditions of approval contained herein; and,
WHEREAS, during a continued public hearing on June 6, 2006, the Planning and
Zoning Commission approved Resolution No~, Series of 2006, by a _ to _
L---.J vote, approving with conditions, a growth management review for the
development of affordable housing and special review to establish the parking
requirements to convert a bandit dwelling unit in the Lift One Condominiums known as
Unit 109 to a deed-restricted affordable housing unit, and recommending that City
Council approve a consolidated conceptual/final PUD to construct gable roof and
chimney improvements to the Lift One Condominiums, City and Townsite of Aspen; and,
WHEREAS, the Aspen Planning and Zoning Commission has reviewed and
considered the development proposal under the applicable provisions of the Municipal Code
as identified herein; and,
WHEREAS, the Planning and Zoning Commission finds that the development
proposal meets or exceeds all applicable development standards and 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 Planning and Zoning Commission finds that this resolution
furthers and is necessary for the promotion of public health, safety, and welfare.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF ASPEN PLANNING
AND ZONING COMMISSION AS FOLLOWS:
Section 1
Pursuant to the procedures and standards set forth in Title 26 of the Aspen Municipal Code,
the Planning and Zoning Commission hereby approves a growth management review for
the development of affordable housing and special review to establish the parking
requirements to convert a bandit dwelling unit in the Lift One Condominiums known as
Unit 109 to a deed-restricted affordable housing unit and recommending that City
Council approve a consolidated conceptuaVfinal PUD to construct gable roof and
chimney improvements to the Lift One Condominiums, subject to the conditions contained
herein.
Section 2: Final PUD Plans
A final PUD Plan shall be recorded in the Pitkin County Clerk and Recorder's Office
within 180 days of the final approval and shall include the following:
A. A drawing representing the project's architectural character.
Section 3: Affordable Housinl!: Unit
The affordable housing unit shall be in compliance with the Aspen/Pitkin County
Housing Authority's Employee Housing Guidelines. The Applicant shall record a deed
restriction classifying the affordable housing unit as a Category 4 unit at the time of
recordation of an amended condominium plat identifying the unit as a legal dwelling unit.
The Condominium Declaration shall also be amended to reflect the unit and shall include
language providing for the potential of the affordable housing unit to become an
ownership unit.
If the Applicant chooses to deed restrict the affordable housing unit as a rental unit, the
Applicant shall convey a 1/10 of a percent, undivided interest in the unit to the
Aspen/Pitkin County Housing Authority in conjunction with recording a deed-restriction
on the affordable housing unit. The affordable housing unit may be deed-restricted as a
rental unit, but the unit shall become an ownership unit at such time as the owners would
request a change to a "for-sale" unit or at such time as the Aspen/Pitkin County Housing
Authority deems the unit to be out of compliance with the rental occupancy requirements
in the Affordable Housing Guidelines for a period of more than year. If the unit is ever
converted to a "for-sale" unit, the unit's homeowners' association dues shall be a
percentage of the free-market residential units' dues equal to the unit's market value
compared to that of the free-market residential units' market value in the complex.
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Section 4: Special Review for Off-Street Parkin!!.
The off-street parking requirement for the site shall be hereby established as the existing
twenty-two (22) off-street parking spaces.
Section 5: Approval Contin!!.ent Upon Code Amendment
The land use approvals related to the creation of the affordable housing unit granted
herein shall be contingent upon City Council's final adoption of the code amendment to
remove the minimum lot area per dwelling unit requirement that has been applied for in
conjunction with the growth management review and special review associated with this
application.
Section 6: Amendment to Condominium Plat and Declaration
As is described in Section 2 above, the Applicant shall record an amended condominium
plat and declaration acknowledging the presence of Unit 109 as a legal dwelling unit.
Section 7: Up!!.rade Dwellin!!. Unit Separation
The affordable housing unit's dwelling unit separation shall be upgraded to meet the
requirements of the International Building Code, Compliance with this requirement shall
be reviewed by the City Building Department prior to issuance of a certificate of
occupancy for the unit.
Section 8:
All material representations and commitments made by the applicant pursuant to the
development proposal approvals as herein awarded, whether in public hearing or
documentation presented before the Planning and Zoning Commission, are hereby
incorporated in such plan development approvals and the same shall be complied with as if
fully set forth herein, unless amended by an authorized entity.
Section 9:
This resolution 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 10:
If any section, subsection, sentence, clause, phrase, or portion of this resolution 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.
APPROVED BY the Planning and Zoning Commission of the City of Aspen by a _ to
L---.J vote on this 6th day of June, 2006.
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APPROVED AS TO FORM:
City Attorney
ATTEST:
Jackie Lothian, Deputy City Clerk
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PLANNING AND ZONING
COMMISSION:
Jasmine Tygre, Chair
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EXHIBIT "A"
Growth Management: Affordable Housing
REVIEW CRITERIA & STAFF FINDINGS
Affordable Housing. The development of affordable housing deed restricted in accordance
with the AspenlPitkin County Housing Authority Guidelines shall be approved, approved
with conditions, or denied by the Planning and Zoning Commission based on the following
criteria:
a) Sufficient growth management allotments are available to accommodate the
new units, pursuant to Section 26.470. 030.C, Development Ceiling Levels.
Staff Finding
Staff finds that there are enough allotments available for the one proposed affordable housing
unit in that the number of affordable housing units that exist in the community is
approximately 800 units below the development ceiling established in the growth
management section of the land use code. There is also no annual development limit on
affordable housing units established in the land use code. Staff finds this criterion to be met.
b) The proposed development is consistent with the Aspen Area Community Plan.
Staff Finding
Staff believes that the proposed development is consistent with the Housing goals and
objectives established in the AACP. Specifically, Staff feels that the application is
consistent with the Aspen Area Community Plan (AACP) in that it provides an affordable
housing unit that is in close proximity and within walking distance to the Commercial Core
and Aspen Mountain, Additionally, the proposed affordable housing unit is located within a
free-market residential building that integrates the types of housing as is encouraged in the
AACP's Housing Section, Staff finds this criterion to be met.
c) The proposed units comply with the Guidelines of the Aspen/Pitkin County
Housing Authority. A recommendation from the Aspen/Pitkin County Housing
Authority shall be required for this standard. The Aspen/Pitkin County
Housing Authority may choose to hold a public hearing with the Board of
Directors.
Staff Finding
The Housing Authority has reviewed the proposed unit and indicated that the unit meets the
requirements of the Aspen/Pitkin County Housing Guidelines. Please see the Housing
Authority's referral comments attached as Exhibit "C". Staff finds this criterion to be met.
d) Affordable Housing required for mitigation purposes shall be in the form of
actual newly built units or buy-down units. Off-site units shall be provided
within the City of Aspen city limits. Units outside the city limits may be
accepted as mitigation by the City Council, pursuant to 26.470.040.D.2.
Provision of affordable housing through a cash-in-lieu payment shall be at the
discretion of the Planning and Zoning Commission upon a recommendation
from the Aspen/Pitkin County Housing Authority. Required affordable housing
may be provided through a mix of these methods.
Staff Finding
The Applicant is not proposing for this unit to serve as affordable housing mitigation. Staff
finds this criterion not to be applicable.
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e) The proposed units shall be deed restricted as "for sale" units and transferred
to qualified purchasers according to the Aspen/Pitkin County Housing
Authority Guidelines. In the alternative, rental units may be provided if a legal
instrument, in a form acceptable to the City AUorney, ensures permanent
affordability of the units.
Staff Finding
The proposed affordable housing unit shall be deed restricted as Category 4 rental unit. Staff
has provided a condition of approval in the proposed resolution requiring that the Applicant
deed 1/10 of one percent of the ownership in the unit to the Housing Authority in order to
satisfY the rent control legislation that is in place. Staff has further proposed a condition
requiring that the rental unit be sold through the Affordable Housing Lottery if they are
deemed to be out of compliance with the Housing Authority's occupancy guidelines for more
than one year. Staff finds this criterion to be met.
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Special Review: Off-Street Parking
REVIEW CRITERIA & STAFF FINDINGS
Special Review Standards. A Special Review for establishing, varying, or waiving off-
street parking requirements may be approved, approved with conditions, or denied based on
conformance with the following criteria:
1. The parking needs of the residents, customers, guests, and employees of the
project have been met, taking into account potential uses of the parcel, the
projected traffic generation of the project, any shared parking opportunities,
expected schedule of parking demands, the projected impacts onto the on-street
parking of the neighborhood, the proximity to mass transit routes and the
downtown area, and any special services, such as vans, provided for residents,
guests and employees.
Staff Finding
Staff believes that there will not be an additional impact on the off-street parking demand of
the complex by converting the existing bandit dwelling unit into a deed-restricted affordable
housing unit since the unit has existed on the site since the mid-1970s, Additionally, the
development is within close proximity to the commercial core and Aspen Mountain, reducing
the need for personal transportation, Staff finds this criterion to be met
2. An on-site parking solution meeting the requirement is practically difficult or
results in an undesirable development scenario.
Staff Finding
Staff does believe that it would be impossible to provide an additional off-street parking
space given that the site has been fully developed. Staff finds this criterion to be met.
3. Existing or planned on-site or off-site parking facilities adequately serve the
needs of the development, including the availability of street parking.
StaffPinding
Staff believes that the existing on-site parking facilities are not really sufficient to serve the
needs of the existing development. That being said, Staff does not believe that the
conversion of the existing bandit dwelling unit to a deed-restricted affordable housing unit
will worsen the situation as was described in Staffs response to review standard No, I
above.
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PLANNED UNIT DEVELOPMENT (PUD)
REVIEW CRITERIA & STAFF FINDINGS
In accordance with Section 26.445,050 of the Land Use Code, an application requesting
conceptual PUD approval requires that the following review standards be met.
A. General Requirements.
1. The proposed development shall be consistent with the Aspen Area Community
Plan.
Staff Finding
Staff feels that the proposal to add gable roof elements to the Lift One Condominiums is
consistent with several of the goals and objectives of the AACP. First, the proposed gable
roof elements improve the complex's design quality as is encourage in the "design quality"
section of the AACP. Second, Staff feels that the plan to modernize the existing building is
consistent with the AACP's action plan objective of supporting the restoration of existing
buildings. However, there were some on Staff that feel that there is no public benefit to
modernizing and prolonging the lifespan of a building that is non-conforming. Staff could
not reach a consensus on finding this criterion to be met.
2. The proposed development shall be consistent with the character of existing
land uses in the surrounding area.
Staff Finding
The proposed PUD request does not alter the use of the existing building and the existing use
of residential units, many of which are rented on a short-term basis, is consistent with the
land uses in the immediate vicinity. Staff finds this criterion to be met.
3. The proposed development shall not adversely affect the future development of
the surrounding area.
Staff Pinding
Staff does not believe that the proposed request will adversely affect the future development
of the surrounding properties. Therefore, Staff finds this criterion to be met.
4. The proposed development has either been granted GMQS allotments, is
exempt from GMQS, or GMQS allotments are available to accommodate the proposed
development and will be considered prior to, or in combination with, final PUD
development plan review.
Staff Finding
The proposed PUD request to provide the roofline changes do not increase the free-market
residential FAR of the structure or number of free-market residential units and is exempt
from GMQS. Staff finds this criterion not to be applicable to this PUD request.
B. Establishment of Dimensional Requirements:
The final PUD development plans shall establish the dimensional requirements for all
properties within the PUD. The dimensional requirements of the underlying zone
district shall be used as a guide in determining the appropriate dimensions for the
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PUD. During review of the proposed dimensional requirements, compatibility with
surrounding land uses and existing development paUerns shall be emphasized.
1. The proposed dimensional requirements for the subject property are appropriate and
compatible with the following influences on the property:
a) The character of, and compatibility with, existing and expected future land
uses in the surrounding area.
b) Natural and man-made hazards.
c) Existing natural characteristics of the property and surrounding area such
as steep slopes, waterways, shade, and significant vegetation and
landforms.
d) Existing and proposed man-made characteristics of the property and the
surrounding area such as noise, traffic, transit, pedestrian circulation,
parking, and historical resources.
Staff Finding
The only dimensional requirement that is being altered by the proposed PUD is the allowable
height of the building. The building is already over the permitted height limit in the zone
district and the roofline changes to the proposed building only cause a minor change in the
height of the building as is measured by the City Land Use Code's building height
methodology. Some members of the Planning Staff believe that the proposed gable roof
elements are a positive change to the design of the building and the new height limit is
consistent with many of the multi-family and lodging structures at the base of Aspen
Mountain in the immediate neighborhood.
Once again, there is also a contingent on the Staff that feels that it is not appropriate to allow
for a non-conforming building to prolong it's lifespan through modernizing the exterior look
if the modernization increases the extent to which it is not consistent with the dimensional
requirements of the zone district in which it is located. That said, the Staff feels that the
chimney structures are somewhat overbearing and are not consistent with the character of
structures in the immediate vicinity. Staff could not reach a consensus on finding this
criterion to be met.
2. The proposed dimensional requirements permit a scale, massing, and quantity of open
space and site coverage appropriate and favorable to the character of the proposed
PUD and of the surrounding area.
StaffPinding
The only dimensional requirement that is being altered by the proposed PUD is the allowable
height of the building. The building is already over the permitted height limit in the zone
district and the roofline changes to the proposed building only cause a minor change in the
height of the building as is measured by the City Land Use Code's building height
methodology. Some members of the Planning Staff believe that the proposed gable roof
elements are a positive change to the design of the building and the new height limit is
consistent with many of the multi-family and lodging structures at the base of Aspen
Mountain in the immediate neighborhood.
Once again, there is also a contingent on the Staff that feels that it is not appropriate to allow
for a non-conforming building to prolong it's lifespan through modernizing the exterior look
if the modernization increases the extent to which it is not consistent with the dimensional
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requirements of the zone district in which it is located. That said, the Staff feels that the
chimney structures are somewhat overbearing and are not consistent with the character of
structures in the immediate vicinity. Staff could not reach a consensus on finding this
criterion to be met.
3. The appropriate number of off-street parking spaces shall be established based on
the following considerations:
a) The probable number of cars used by those using the proposed development
including any non-residential land uses.
b) The varying time periods of use, whenever joint use of common parking is
proposed
c) The availability of public transit and other transportation facilities,
including those for pedestrian access and/or the commitment to utilize
automobile disincentive techniques in the proposed development.
d) The proximity of the proposed development to the commercial core and
general activity centers in the city.
Staff Finding
The proposed PUD request does not alter the number of off-street parking spaces. Staff finds
this criterion not to be applicable to this request.
4. The maximum allowable density within a PUD may be reduced if there exists
insufficient infrastructure capabilities. Specifically, the maximum density of a
PUD may be reduced if:
a) There is not sufficient water pressure, drainage capabilities, or other
utilities to service the proposed development
b) There are not adequate roads to ensure fire protection, snow removal, and
road maintenance to the proposed development.
Staff Finding
The Applicant is not requesting to reduce the density of the project. Staff finds this criterion
not to be applicable to this request.
5. The maximum allowable density within a PUD may be reduced if there exists
natural hazards or critical natural site features. Specifically, the maximum
density of a PUD may be reduced if:
a) The land is not suitable for the proposed development because of ground
instability or the possibility ofmudflow, rockfalls or avalanche dangers.
b) The effects of the proposed development are detrimental to the natural
watershed, due to runoff, drainage, soil erosion, and consequent water
pollution.
c) The proposed development will have a pernicious effect on air quality in the
surrounding area and the City.
d) The design and location of any proposed structure, road, driveway, or trail
in the proposed development is not compatible with the terrain or causes
harmful disturbance to critical natural features of the site.
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Staff Finding
The Applicant is not requesting to reduce the density of the project. Staff finds this criterion
not to be applicable to this request.
6. The maximum allowable density within a PUD may be increased if there exists a
significant community goal to be achieved through such increase and the
development paUern is compatible with its surrounding development pauerns and
with the site's physical constraints. Specifically, the maximum density of a PUD
may be increased if:
a) The increase in density serves one or more goals of the community as
expressed in the Aspen Area Community Plan (AACP) or a specific area
plan to which the property is subject.
b) The site's physical capabilities can accommodate additional density and
there exists no negative physical characteristics of the site, as identified in
subparagraphs 4 and 5, above, those areas can be avoided, or those
characteristics mitigated.
c) The increase in maximum density results in a development paUern
compatible with, and complimentary to, the surrounding existing and
expected development pauern, land uses, and characteristics.
Staff Finding
The Applicants are not requesting to increase the allowable density through the proposed
PUD. Staff finds this criterion not to be applicable to this request.
B. Site Design:
The purpose of this standard is to ensure the PUD enhances public spaces, is
complimentary to the site's natural and man-made features and the adjacent
public spaces, and ensures the public's health and safety. The proposed
development shall comply with the following:
1. Existing natural or man-made features of the site which are unique, provide
visual interest or a specific reference to the past, or contribute to the identity of
the town are preserved or enhanced in an appropriate manner.
StaffPinding
The proposed PUD request does not alter natural features on the site. Staff does believe that
the proposed roof elements, with the exception of the chimney elements, will increase the
visual interest of the building, which is the primary man-made feature on the site. Staff finds
this criterion to be met if the chimney elements are reduced in size or removed.
2. Structures have been clustered to appropriately preserve significant open spaces
and vistas.
Staff Finding
There is only one building on the parcel and it is an existing building. The siting of the
building is not being altered by the proposed PUD request. Staff finds this criterion not to be
applicable to this request.
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3. Structures are appropriately oriented to public streets, contribute to the urban or
rural context where appropriate, and provide visual interest and engagement of
vehicular and pedestrian movement.
StaffPinding
The proposal is not altering the orientation of the building. However, Staff does believe that
the proposed roof alterations with improve the visual interest of the structure. Staff finds this
criterion to be met.
4. Buildings and access ways are appropriately arranged to allow emergency and
service vehicle access.
Staff Finding
The proposed PUD does not alter the emergency access ways to the building. Staff finds this
criterion not to be applicable to the request.
5. Adequate pedestrian and handicapped access is provided.
Staff Finding
The proposed PUD does not alter the handicapped access to the building. Staff finds this
criterion not to be applicable to the request.
6. Site drainage is accommodated for the proposed development in a practical and
reasonable manner and shall not negatively impact surrounding properties.
Staff Finding
Staff believes that the proposal does not provide an increase in the amount of impervious
land on the development parcels. That said, the Applicant is required to submit a site
drainage plan that has been designed in a manner that ensures that historic drainage rates will
not be increased as a result of the proposed PUD. A professionally licensed engineer shall
design this drainage plan and will be required prior to submittal for a building permit. Staff
finds this criterion to be met.
7. For non-residential land uses, spaces between buildings are appropriately de-
signed to accommodate any programmatic functions associated with the use.
Staff Finding
The proposed PUD does not alter the programmatic spaces between the existing buildings.
Therefore, Staff finds this criterion not to be applicable to this request.
C. Landscape Plan:
The purpose of this standard is to ensure compatibility of the proposed landscape
with the visual character of the city, with surrounding parcels, and with existing
and proposed features of the subject property. The proposed development shall
comply with thefollowing:
1. The landscape plan exhibits a well designed treatment of exterior spaces,
preserving existing significant vegetation, and provides an ample quantity and
variety of ornamental plant species suitable for the Aspen area climate.
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2. Significant existing natural and man-made site features, which provide
uniqueness and interest in the landscape, are preserved or enhanced in an
appropriate manner.
3. The proposed method of protecting existing vegetation and other landscape
features is appropriate.
Staff Finding
The proposed PUD does not alter any landscaping on the site. Staff finds these criteria not to
be applicable to this PUD request
D. Architectural Character:
It is the purpose of this standard to encourage architectural interest, variety,
character, and visual identity in the proposed development and within the City
while promoting efficient use of resources. Architectural character is based upon
the suitability of a building for its purposes, legibility of the building's use, the
building's proposed massing, proportion, scale, orientation to public spaces and
other buildings, use of materials, and other auributes which may significantly
represent the character of the proposed development. There shall be approved as
part of the final development plan and architectural character plan, which
adequately depicts the character of the proposed development. The proposed
architecture of the development shall:
1. be compatible with or enhance the visual character of the city, appropriately
relate to existing and proposed architecture of the property, represent a
character suitable for, and indicative of, the intended use, and respect the scale
and massing of nearby historical and cultural resources.
Staff Finding
Please see Staff's comments related to the proposed massing in the response to PUD Review
Standard B(2) above.
2. Incorporate, to the extent practical, natural heating and cooling by taking
advantage of the property's solar access, shade, and vegetation and by use of
non- or less-intensive mechanical systems.
Staff Finding
The proposed PUD does not alter the building's ability to use natural heating and cooling
systems. Staff finds this criterion not to be applicable to this request.
3. Accommodate the storage and shielding of snow, ice, and water in a safe an
appropriate manner that does not require significant maintenance.
StaffPinding
The Applicants have proposed appropriate shielding of snow, ice, and water from the
entrances by providing canopies with snow guards over the entranceways. Staff finds this
criterion to be met.
E. Lighting:
The purpose of this standard is to ensure the exterior of the development will be
lighted in an appropriate manner considering both public safety and general
aesthetic concerns. The following standards shall be accomplished:
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1. All lighting is proposed so as to prevent direct glare or hazardous interference
of any king to adjoining streets or lands. Lighting of site features, structures,
and access ways is proposed in an appropriate manner.
Staff Finding
The Applicant is required to, and have consented to meet the City of Aspen Lighting Code
for any exterior lighting that is proposed, Therefore, the proposed development will be
lighted in a manner that will not provide direct glare on adjoining streets or property. The
Applicant will be required to submit a detailed exterior lighting plan to the City Zoning
Officer prior to building permit issuance, Staff believes that the Applicant's required
compliance with the City Lighting Code ensures that the development will be lighted in an
appropriate manner. Staff finds this criterion to be met
2. All exterior lighting shall be in compliance with the Outdoor Lighting
Standards unless otherwise approved and noted in the final PUD documents.
Up-lighting of site features, buildings, landscape elements, and lighting to call
inordinate aUention to the property is prohibited for residential development.
StaffPinding
The Applicant has committed to meet the City of Aspen Lighting Code on the building. Staff
finds this criterion to be met.
G. Common Park, Open Space, or Recreation Area:
If the proposed development includes a common park, open space, or recreation
area for the mutual benefit of all development in the proposed PUD, the following
criteria shall be met:
1. The proposed amount, location, and design of the common park, open space, or
recreation area enhances the character of the proposed development,
considering existing and proposed structures and natural landscape features of
the property, provides visual relief to the property's built form, and is available
to the mutual benefit of the various land uses and property users of the PUD.
StaffPinding
The Applicant is not proposing to alter any common park or open space on the site, Staff
finds this criterion not to be applicable to this request.
2. A proportionate, undivided interest in all common park and recreation areas is
deeded in perpetuity (not for a number of years) to each lot or dwelling unit
owner within the PUD or ownership is proposed in a similar manner.
Staff Finding
The Applicant is not proposing to alter any common park or open space on'the site. Staff
finds this criterion not to be applicable to this request.
3. There is proposed an adequate assurance through legal instrument for the
permanent care and maintenance of open spaces, recreation areas, and shared
facilities together with a deed restriction against future residential, commercial,
or industrial development
Staff Finding
The Applicant is not proposing to alter any common park or open space on the site. Staff
finds this criterion not to be applicable to this request
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H. Utilities and Public Facilities:
The purpose of this standard is to ensure the development does not impose any
undue burden on the City's infrastructure capabilities and that the public does not
incur an unjustified financial burden. The proposed utilities and public facilities
associated with the development shall comply with the following:
1. Adequate public infrastructure facilities exist to accommodate the development.
StaffPinding
Staff believes that the proposed PUD request does not impose undue burden on the City's
infrastructure capabilities. Staff finds this criterion not to be applicable to this PUD request.
2. Adverse impacts on public infrastructure by the development will be mitigated
by the necessary improvements at the sole cost of the developer.
Staff Finding
Staff believes that the proposed PUD request does not impose undue burden on the City's
infrastructure capabilities. Staff finds this criterion not to be applicable to this PUD request.
3. Oversized utilities, public facilities, or site improvements are provided
appropriately and where the developer is reimbursed proportionately for the
adduionalimprovement.
Staff Finding
The Applicant is not proposing to install oversized utilities or public facilities and it is not
anticipated that the Applicant will be required by the City to provide oversized utilities. Staff
does not find this criterion to be applicable to this application.
I. Access and Circulation (Only standards 1 & 2 apply to Minor PUD applications):
The purpose of this standard is to ensure the development is easily accessible, does
not unduly burden the surrounding road network, provides adequate pedestrian
and recreational trail facilities and minimizes the use of security gates. The
proposed access and circulation of the development shall meet the following
criteria:
1. Each lot, structure, or other land use within the PUD has adequate access to a
public street either directly or through and approved private road, a pedestrian
way, or other area dedicated to public or private use.
StaffPinding
The Applicant has not proposed to alter the existing access to a public street. Staff finds this
criterion to be met.
2. The proposed development, vehicular access points, and parking arrangement
do not create traffic congestion on the roads surrounding the proposed
development, or such surrounding roads are proposed to be improved to
accommodate the development.
Staff Finding
Please see Staffs response to PUD Review Standard 1(2) above.
16
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J. Phasing of Development Plan.
The purpose of these criteria is to ensure partially completed projects do not create
an unnecessary burden on the public or surrounding property owners and impacts
of an individual phase are mitigated adequately. If phasing of the development
plan is proposed, each phase shall be defined in the adopted final PUD
development plan. The phasing plan shall comply with the following:
1. All phases, including the initial phase, shall be designed to function as a
complete development and shall not be reliant on subsequent phases.
2, The phasing plan describes physical areas insulating, to the extent practical,
occupants of initial phases from the construction of later phases.
3. The proposed phasing plan ensures the necessary or proportionate
improvements to public facilities, payment of impact fees and fees-in-lieu,
construction of any facilities to be used jointly by residents of the PUD,
construction of any required affordable housing, and any mitigation measures
are realized concurrent or prior to the respective impacts associated with the
phase.
StaffPinding
The Applicants are not proposing to phase the construction. Therefore, Staff finds this
criterion not to be applicable.
17
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LAW OFFICES OF
PAULJ. TADDUNE, P.c.
PAULJ. TADDUNE
AFFILIATED OFFICE
323 WEST MAIN STREET, SUITE 301
ASPEN, COLORADO 81611
TELEPHONE (970) 925-9190
TELEFAX (970) 925-9199
INTERNET: taddune@compuserve.com
FOWLER, SCHIMBERG & FLANAGAN, r.c.
1640 GRANT STREET, SUITE 300
DENVER, COLORADO 80203
TELEPHONE (303) 298-S603
TELEFAX (303) 29S-S748
...-""
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WILLIAM GUEST, OF COUNSEL
March 31, 2006
f>,I'R 0 4: 2006
p:>:>[N
1'::T;~r~I"~' "':N1
BUlLe:}.,',.) i'}C.~' "..
Janles Lindt
Aspen Community Development Department
130 South Galena Street
Aspen, CO 81611
Re: Lift One Condominiums
Dear James:
This is to follow-up on our telephone conferences concerning Lift One Condominiums'
application for exemption from Growth Management for creation of an affordable housing
unit, specifically with regard to the size ofthe unit. As we have discussed, the unit is intended
to be a two bedroom unit of950 square feet. A depiction prepared by Caudill Gustafson is
attached.
Please call if you have any additional questions.
Very truly yours,
PAUL J. TADDUNE, P,C.
~
Paul J. Taddune
PJT: owl
Enclosure
C:\wp\PJ1\Lelters\Lindt.James.3.28.06.wpd
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LAW OFFICES OF
PAULJ. TADDUNE, P.e.
PAULJ. TADDUNE
AFFILIATED OFFICE
323 WEST MAIN STREET, SUITE 301
ASPEN, COLORADO 81611
TELEPHONE (970) 925-9190
TELEFAX (970) 925-9199
INTERNET: taddune@compuserve.com
FOWLER, SCHIMBERG & FLANAGAN, r.c.
1640 GRANT STREET, SUITE 300
DENVER, COLORADO 80203
TELEPHONE (303) 298-8603
TELEFAX (303) 298-874S
WILLIAM GUEST, OF COUNSEL
April 28, 2006
City of Aspen Community Development Department
Attn: James Lindt, Senior Planner
130 South Galena Street, Third Ploor
Aspen, CO 81611
Re: Lift One Condominiums: Amendment to Existing PUD Application
to Allow Parapets
Dear Mr. Lindt:
Please accept this letter and the enclosed materials as an amendment and
supplement to the pending application submitted on February 14, 2006 by Lift One
Condominium Association, Inc. (the "Association") for Planned Unit Development (PUD)
approval to permit the installation of parapets as reflected on the enclosed architectural
renderings.
In connection with the existing application the Association desires to implement its
modernization program for the exterior of the Lift One Condominiums, located at 131
East Durant Avenue, Aspen, Colorado. This amendment and supplement is submitted for
the purpose of allowing the parapets to be constructed in excess of the existing height to
accomplish a higher quality of design, variety and character to the exterior Lift One
Condominiums.
The Lift One Condominiums were created as a residential and tourist condominium
project pursuant to the Condominium Map for Lift One Condominiums, recorded
November 17, 1972 in Book 4, Page 312, Pitkin County real estate records. It is located on
a parcel of land within the Lodge District that is greater than twenty seven thousand
(27,000) square feet. The Association requests Consolidated Conceptual and Pinal Review
(Two-Step Review) in accordance with Section B.2. of Section 26.445,030 of the Land
Use Code.
Submitted herewith are an original and 30 copies of the following:
I, Land Use Application,
2. Agreement for Payment of City of Aspen Development Application Fees.
c
o
City of Aspen Community Development Department
April 28, 2006
Page 2
3. Completed Dimensional Requirements Porm <Attachment 3 in Land Use
Application Packet).
4. The Applicant's name, address and telephone number are:
Lift One Condominium Association
131 East Durant Avenue
Aspen, CO 81611
Telephone no,: (970) 925-1670
Applicant's Representative:
PaulJ. Taddune,P,C.
323 West Main Street, Suite 301
Aspen, CO 81611
Telephone no.: (970) 925-9190
Facsimile no.: (970) 925-9199
E-mail: taddune(al.compuserve.com
5. Letter of authorization from Lift One Condominium Association, Inc.
6, City of Aspen Pre-Application Conference Summary.
7. 8-1/2 x II Vicinity Map.
8. Site Improvement Survey. Attached is the Condominium Map and a square
footage calculation, This will be confirmed by a current survey that will be
submitted soon after it is updated.
9. List of Adjacent Property Owners.
10. Copy of Stewart Title Company Commitment.
I L Elevations showing parapets.
c
:)
City of Aspen Community Development Department
April 28, 2006
Page 3
The proposed project complies with the general review standards of Section A of
26.445.050 of the Land Use Code as follows:
a, The proposed parapets are consistent with the Aspen Area Community
Plan. Specifically, the addition of parapets is intended to retain and
encourage an eccletic mix of design styles to maintain and enhance the
special character of the community (see page 43 of2000 Aspen Area
Community Plan).
b. The proposed parapets are consistent with the character of existing land
uses in the surrounding area and the trend in the community to
modernize.
c. The proposed parapets will not adversely affect the future development
of the surrounding area, Rather, the parapets will harmonize the Lift
One Condominiums with existing and proposed future development
d, There will be no increase in FAR; therefore GMQS allotment
requirements are not applicable.
The proposed parapets meet the dimensional requirements of Section B of Section
26.445.050 as follows:
a. Other than the increase in height for the parapets, there will be no other
impact on the dimensional requirements of the Lift One Condominiums.
It is believed that the character of the building will be substantially
improved if the parapets are added.
b, There will be no other impact on the dimensional requirements except
for an enhancement of character, the scale, massing, of open space;
therefore, site coverage will remain unchanged.
c, There will be no effect on off street parking.
d, There will be no impact on existing infrastructure capability.
e, There will be no impact on existing infrastructure capability.
f. There will be no impact on existing infrastructure capability.
c
.~
City of Aspen Community Development Department
April 28, 2006
Page 4
g. There will be no effect on density.
h, The proposed parapets meet the design requirements of Section C of
Section 26.445.050 as follows:
. The parapets will provide a more unique and more visually
interesting appearance to Lift One Condominiums. No additional
structures are proposed; therefore, the requirements of Subsections
C2 through C7 are inapplicable.
. The landscape requirements of Section D of Section 26.445,050 are
inapplicable.
. The parapets meet the architectural character standards of Section
26.445.050 E. because the proposed parapets are designed to
encourage architectural interest, variety, character and visual
identity,
. The proposed parapets meet the dimensional requirements of
Section 26.445.050 as concerns lighting, because the exterior
lighting will be in compliance with the outdoor lighting standards.
The proposed standards of Section 26.445.050 G. H. 1. J. are inapplicable to this
application.
Also enclosed herewith is the applicant's check in the amount of$2896,00 as the
initial fee and a CD with all pertinent documents. rfyou need any additional information,
please feel free to contact me.
Very truly yours,
PAULJ. TADDUNE, P.C.
~
Paul J. Taddune ~
PJT:nwt
cc: Lift One Condominium Association
Enclosures
C:lwp/PJT/Letters/Lift One.Ltr to James Lindt.4.5.06
"
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ATTACHMENT 2 -LAND USE APPLICATION
APPLICANT:
Location:
Lift One Condominium Association, Inc.
131 East Durant Avenue, Aspen, CO 81611
(Indicate street address, lot & block number, legal description where appropriate)
273513110025
Name:
Parcel ID # (REQUIRED)
REPRESENTATIVE:
Name:
Address:
Paul J. Taddune
323 West Main Street, Suite 301, Aspen, CO 81611
Phone #:
970-925-9190
PROJECT:
Name:
Address:
Lift One Condominium Association
131 East Durant Avenue, Aspen, CO 81611
Phone #: 970-925-1670
TYPE OF ApPLICATION: (please check all that apply):
D Conditional Use D Conceptual PUD D Conceptual Historic Devt.
D Special Review IKJ Final PUD (& PUD Amendment) D Final Historic Development
D Design Review Appeal D Conceptual SPA D Minor Historic Devt.
D GMQS Allotment D Final SPA (& SPA Amendment) D Historic Demolition
D GMQS Exemption D Subdivision D Historic Designation
D ESA - 8040 Greenline, Stream D Subdivision Exemption (includes D Small Lodge Conversion!
Margin, Hallam Lake Bluff, condominiumization) Expansion
Mountain View Plane
D Lot Split D Temporary Use D Other:
D Lot Line Adiustment D TexVMap Amendment
rovals, etc,)
The Lift One Condominiums project was created by a condominium map filed of record on
November 17, 1972 at Book 4, Page 315, Pitkin County real estate records
PUD approval to allow construction of roof parapets in excess of height limit on top
of existing Lift One Condominium buildings
Have you attached the following? FEES DUE: $ 2,896
Q8 Pre-Application Conference Summary
Q8 Attachment #1, Signed Fee Agreement
~ Response to Attachment #3, Dimensional Requirements Fonn
~ Response to Attachment #4, Submittal Requirements- Including Written Responses to Review Standards
All plans that are larger than 8.5" x 11" must be folded and a floppy disk with an electronic copy of all written
text (Microsoft Word Fonnat) must be submitted as part ofthe application.
04/27/2005 03:55
1
CAROLE BERHORST
PAGE 02/02
,,;<1"",
......"....
CITY OF ASPEN COMMUNllY DEVELOPMENT DEPARTMENT
Am-c!om...t for Pavmellt of CItv of Amen Develolllllent ADDlialtioll F_
CITY OF ASPEN (hereIIl&fterCITY):md Li.ft: On" CondcminlUlll Assoc:ii!lt:ion, Inc;.
(hemna!lel: APPLICANT) AGlUSll AS FOLLOWS:
\. APPLICANThaHllbmi1led to CITY anappHcatlOIl for POD appx-ovaJ. to allow parapets
to be constructed in oxcass ot axistinq heiqht
(herelnafter, nm PROJECT),
2. APPLICANT UlIdem:andll and agrees that CIty of Aspen Ordinance No. 57 (Seriel of 20(0)
estabUaheo . fee _ for Land Ule applicaliOll! and the pa>=t of all processing foe.R \s a condition precedent
to a detamination of appllcaliOll. completeness.
3, APPLICANT and CITY agree tbat beca_ of the size, nlllllm or s~ of the proposed project, it
is not pc..."I. at this time 00 ueenain the fuU OXlell\ of the COIlO involved in processlllg the application.
APPLICANT and CITY lIlrtIter agree thai it is in the iDtornIt oftlt. parties th.at APPLICANT zmke ~ ofau
initial dcpolit and to therelllter petmit addilioll8i COSlS to be billed 10 Al>PLICANT on a moft1ldy basis,
APPUCANT agnl09 additiOlllll rom may .0ClUe follawing tlIeir heari!lg8 and/or approval.. APPLICANT agroes lie
Will be: bcDeUted by remmma gmlter cash liquidity lIIld Will make additionol payments lIpOIl notUicalion by the
CITY wben thoy at<: 1IC0Cl"'"l)' as costs ate inClllTed, CITY agrees it Will be benefited through the greOler cerlllimy
ofreoav..u.g ill; full costs to prooe9S APPLICANT'S appa..tion.
4. CITY and APPLICANT filrther agree that it is imprscti<:able for CITY Jtaif to complr:t..
proceSSing oc present sufficient Int'onnation to !he Planning cOmmlssion anellor City Council to enabIo the PbDning
Commi..ion and/or City COllnQil to malce legally required liDdinzs fur proj~1 consideration, unl.., eumnl billings
""' paid in full prior 10 <lecisi"",
5, Therefore, APPLICANT ogrns that in consideration of the CITY's waiver of Ita riPt to collect
full feea prior 10 a dolJelminadOll of applic8lion completeness, APPUCANT shall pay an initial deposlt in the
a!lloUlltof$ 2896.00 wbicb is for __hOUlS of Community Development slllittime, lllId if 1I01ullJ
....onled costs Oltceed tho initlal deposit, Al'PUCANT sball pay additiooal montllly billings to CITY to reimburse
the CITY for the ~ of the application mendoned above, includlnil pO<t approval review at a rate of$220,00
per planner hour over the initiel deposit. Such periodic p.aymonts shall be: made Within 30 days of the bUllna elate.
Al'PLICANT further agrees dlat falblre to pay sucb occrued 008t8 shall bo groands fOr llDSpllIISion of PI'OOe9Sing, and
in %lO case wm buildillg penoita bo Istlreel unlll 011 costs associatad Wilh case prooeo.lng bav. been paid.
an OF ASPEN
By:
Chris Hendon
Community D....tlopllll!t1t DIndor
~t Qr~
By: .::1"lt1I4,'f' (!~-"HaIl.ArJ ~.;oc.."6"'A..t"
Date: /';F./' :21) .)o~t..
BiD To MoJIlnrr Addr... and Telephone Number:
131 Ji:ast DuX-ant Avenue
Aspen, CO 81611
Telephone: 970-925-1670
g:\onpportltormslagrpayas.doc
02Ill11ll6
L 'dRec~Jy.ed .Time Apr,27. 3:29PM
moovl ln~~
Wrl/i:~ Qonz 'IZ'JdW
APR 27 '06 09:21AM CA~DILL GUSTAFSON ARCHITECTS PC
. ,
,
ATTAcHMENT 3
DIMENSIONAL REQUIREMENTS FORM
Project: Lwr ~E ~~~t>>\~
Applicant: -------Ll f'r r: Cl--I~l~ J. ~
Location: ~ .
zone~~~:; ~~rf~'A.L-.
Lot Area: ~ 'f~
(for the putposes 0 calculating FloOT Area. Lot Area may be redueed for areas
Within the high WIlleT mazk, easements, and steep slopes. Please refer to the
definition of Lot Area in the Munioipal Code.)
Principal bldg. height:
Access. bldg. height:
On-Site parlcing:
% Site coverage:
% Open Space:
Front Setback:
Rear Setback: ,
Combined FIR:
Side Setback:
Side Setback:
Combined Sides:
Distsnce Between
Buildings
P.2/2
t-
Existing~AllawQble~ Proposed:--Ji./A=-
Exisrillg:z:11_7~' 1: Allowable.- ?'h' Proposed: '
Existing:~Alluwable: Proposed:
&isting:~equired:J<S ~roposed.' 2\ ~P!",
&i$ting:--1:L/A.--Required: Proposed:
Existing: --d{!:..-ReqUired: Proposed'
Exisring.' -F> 'Required: 5 I Proposed: N/A
I
Existing: 5' Requi?~d: 6' Proposed: ~/A
Existing:--1IL-Required: 16 I Proposed: ~A
Existing: -5' Required: 5 ' Proposed: 'f4
Existing: -5 I Required: 6 ' Proposed: 1f
Existing: 10' Required: Jt') I Proposed: /t/ A-
&istiJlg /7 '-0.'1- Required: !'roposed.' ",.;4
Existing non-conformities or encroachments:
Commercial net leasable: Existing: JJ I A Proposed:_
Number of residential units: Existing: ~ Proposed:
Number of bedrooms: Exisn},g: . "1 (') Proposed:
Proposed % of demolition (Historic properties on1y~:~
DIMENSIONS:
Floor Area:
Variations requested:
7 . J 1 r\ t'7. nIl
Received Tile Apr.27. IO:20AM
'~lnnmJ I .,n\.u
1~IJOI'7 nr.r.7.71.)tiIJ
~ """"" "",
1
CAROLE BEW- ,T
PAGE 1'11/1'12
LIFT ONE CONDOMINIUM ASSOCIATION, INC.
131 EAST DURANT AVENUE
ASPEN, COLORADO 81611
(970) 925-1670
April 27, 2006
City of Aspen Community Development
130 South Galena Street, Tlritd Floor
Aspen, CO 81611
Re: Lift One Condominiums: PUD Appllclltion to AUaw PtlrIIpets
To WhCQ It May Concern:
Please accept this letter as autb.oriza%ion for the submission of an application for Pllllllled Unit
Development (PUD) approval to permit the installation of parapets to be constructed in C>\cess of existing
height !() accomplish a higher quality of design, variety and ch8factef to the exterior of Lift One
Condominiums, located at 113 East Durant Avenue, Aspen, Colorado, "s set forth in the llttaehed letter
from Paul Taddune.
The submission of the applioation has been Il.uthorizc:d by the Board of Managers and the
membership of the Lift One Condominium AsllOCiation, Inc. Mr. TaddWle is authorized to represent the
A$sociation with regard to this application.
Ve:ry truly yours,
LIFT ONE CONDOMINIUM ASSOCIATION, INC.
P1T:nwt
Enclosures
C;\wplFmLou.n\l1ft l.CQmmunily Dt:veI_t4.I;L2006
7 'JReceived Time Apr.27. 3:29PM
""l^"~" I ,^" I
PLANNER:
PROJECT:
REPRESENTATIVE:
OWNER:
TYPE OF APPLICATION:
DESCRIPTION:
,,-
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,
,
CITY OF ASPEN
PRE-APPLICATION CONFERENCE SUMMARY
James Lindt, 429-2763 DATE: 4/5/06
Lift 1 Condominiums- Consolidated Conceptual/Final PUD
Paul T addune
Lift One Condominium Association
Consolidated Conceptual/Final PUD
The Applicant would like to construct a parapet wall on the top of the existing Lift
I Condominium Building located at 131 E Durant Avenue to improve the
aesthetics of the complex, A PUD is needed to establish the allowable height for
the structure as being different from that of the underlying zone district since the
existing building already exceeds the height limit in the underlying zone district
and the proposed parapet walls would increase the height of the building.
According to the Applicant, the property is at least 27,000 square feet and has a
right to go through the PUD process pursuant to Land Use Code Section 26.445,
Planned Unit Developmenl-
The Applicant will have to provide a survey showing that the property
exceeds 27,000 square feet as part of the application. If the property were
not to be at least 27,000 square feet, the Applicant would have to first obtain
the Community Development Director's consent to apply through the PUD
review process prior to submitting for the PUD review process pursuant to
Land Use Code Section 26.445.020, PUD: Applicability. If the parcel is
greater than 27,000 square feet, Staff hereby allows for the conceptual and
final PUD reviews to be consolidated into a two-step review process because
of the anticipated limited extent of issues involved in the PUD.
Applicable Code Sections:
26.304 Common Development Review Procedures
26.445 Planned Unit Development
Review by:
Public Hearing:
Planning Fees:
Referral Agency Fees:
Total Deposit:
Staff for complete application, referral agencies for technical considerations (Engineering),
Planning and Zoning Commission for recommendation to City Council on the PUD request. City
Council for final review of the proposed PUD request.
Yes at P & Z and at 2nd Reading of the Ordinance before City CounciL
$2,700 Deposit for 12 hours of staff time (additional staff time required is billed at $225 per
hour)
$196
$2,896
To apply, submit the following information:
I, Total Deposit for review of application.
2. Completed Land Use Application,
3. Signed fee agreement.
4. Completed Dimensional Requirements Form (Attachment 2 in Land Use Application Packet).
5. 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 act on behalf of the
applicant
6. Letter from the Condominium Association demonstrating ability to apply.
7. Pre-application Conference Summary.
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"-
8, An 8 1/2" x II" vicinity map locating the subject property within the City of Aspen.
9, Site improvement survey by a licensed survey showing that the property is over 27,000 square feet
(threshold for being reviewed through the PUD review process,
10, Existing and proposed elevation drawings,
11. A written description of the proposal and a written explanation of how a proposed development
complies with the review standards relevant to the development application.
2!LCopies of the complete application packet (items 4-11)
12, List of adjacent property owners within 300' for public hearing, The GIS department can provide this list on
mailing labels for a small fee, 9205453
13, Copies of prior approvals.
]4. Applications shall be provided in paper fonnat (number of copies noted above) as well as the text only on either
of the following digital fonnals- Compact Disk (CD)-preferred, Zip Disk or Floppy Disk, Microsoft Word
fonnat is preferred, Text fonnat easily convertible to Word is acceptable.
Process:
Apply, Planner will then check the application for completeness, Application is referred to applicable referral agencies and the
Applicant is given a public hearing date by Staff. Staff writes a memo ofrecommendation to the Planning and Zoning Commission
and City CounciL The Planning and Zoning Commission reviews case and makes a final determination to City Council at a public
hearing, City Council then will review the application and make determination on the PUD request via an ordinance,
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 mayor may not be accurate, The summary does not create a legal
or vested right
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600 E HOPKINS AVE
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205 E DURANT AVE #30
ASPEN, CO 81611-3813
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411 E WISCONSIN AVE STE 2500
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0184 MOUNTAIN LAUREL DR
ASPEN,CO 81611
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124 E DURANT #4
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109 JUAN ST
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1601 S CENTRAL AVE
GLENDALE, CA 91204
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625 SKYLINE DR
CODY, WY 82414
BOURGAULT MARY JANE
555 E DURANT AVE #4J
ASPEN. CO 81611
BRITTON CARl
PO BOX 12131
ASPEN, CO 81612
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C/O CHARTHOUSE
1765 ALA MOANA BLVD
HONOLULU, HI 96815
CARLSON KEITH
101 E COOPER #302
ASPEN, CO 81611
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54 LAGORCE CIR
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130 S GALENA ST
ASPEN, CO 81611
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PO BOX 11239
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403 LACET LN
ASPEN, CO 81611
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302 E HOPKINS AVE
ASPEN,CO 81611
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POBOX 9197
ASPEN. CO 81612
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31 TRAINORS LANDING
ASPEN, CO 81611
BROWNELL LORRAINE B
1030 SECOND ST
MORGAN CITY, LA 70380
CAIN DOUGLAS M
CAIN CONSTANCE MOFFIT TRUSTEES
1960 HUDSON ST
DENVER, CO- 80220
CARRUTHERS MARILYN
101 E COOPER #301
ASPEN, CO 81611
CHRISPAT ASPEN LLC
CHRISTINE FERER
1107 FIFTH AVE
NEW YORK, NY 10128
COHEN ARTHUR S
IBSEN 72
MEXICO CITY MEXICO, 11560
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PO BOX 3837
ASPEN, CO 81612
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124 ANNAPOLIS IN
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107 JUAN ST
ASPEN, CO 81611
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PO BOX 952
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300 S POINTE DR APT 2403
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FREIRICH MARK A
PO BOX 774056
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124 E DURANT AVE APT 1
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119 E COOPER AVE APT 19
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ASPEN, CO 81611
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13320 MULHOLLAND DR
BEVERLY HillS, CA 90210
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ASPEN, CO 81612
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446 LAKE SHORE DR
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775 GUlFSHORE DR #4219
DESTIN, Fl 32541
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PO BOX 870
ASPEN, CO 81612
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100 E DEAN ST #2F
ASPEN, CO 81611
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PO BOX 5142
ASPEN, CO 81612
FOX THOMAS H
119 E COOPER AVE
ASPEN. CO 81611
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WINDSOR Mill, MD 21244
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7933 YORKSHIRE CT
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205 E DURANT AVE APT 2E
ASPEN, CO 81611
HENRY WAYNE SCOTT
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GRAPEVINE, TX 76099
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588 S PONTIAC WAY
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MAMORONECK, NY 10543
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ASPEN, CO 81611
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300 PUPPY SMITH ST #203-230
ASPEN, CO 81611
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1 SHELDRAKE LN
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421 WARWICK RD
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115 JUAN ST
ASPEN. CO 81611
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100 E DEAN ST#1E
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228 E COOPER AVE
ASPEN, CO 81611
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101 E COOPER AVE #201
ASPEN, CO 81611
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113 JUAN ST
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ASPEN. CO 81611
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PO BOX 1352
ASPEN, CO 81612
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200 SHERWOOD RD
PASO ROBLES, CA 93446
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ASPEN, CO 81611
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119 E COOPER AVE #21
ASPEN,CO 81611
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115 JUAN ST
ASPEN. CO 81611
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ASPEN, CO 81612
NOBLE GUY T
PO BOX 9344
ASPEN, CO 81612
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101 E COOPER AVE #203
ASPEN, CO 81611
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PO BOX 7956
ASPEN, CO 81612
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ROSE RITA L
303 MAGNOLIA LAKE DR
LONGWOOD, FL 32779
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603 S GRAM ISH
ASPEN, CO 81811
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3629 ROCKBRIDGE RD
COLUMBIA, SC 29206
SHEFFER BARBARA & DOUGLAS
PO BOX 250
ASPEN, CO 81612
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500 S ORANGE AVE
SARASOTA, FL 34236
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ASPEN, CO 81611
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SMITH PATRICK A
POBOX 850
ASPEN. CO 81612
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ASPEN, CO 81612
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1536 OGDEN ST
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FARMINGTON, CT 06032-2151
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100 E DEAN ST UNIT 2C
ASPEN, CO 81611-1957
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290 HWY 133
CARBONDALE. CO 81623-1530
SMITH RONA K
1742 HILLSIDE RD
STEVENSON, MD 21153
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NITSCHKE ELIZABETH TRUST 50%
7107 FRANKLIN ST
MIDDLETON, WI 53562
ONEAL PROPERTIES LLC
8100 E CAMELBACK RD #31
SCOTTSDALE, AZ 85251-2773
PINES LODGE DEVELOPMENT LLC
2353 IRVINE AVE
NEWPORT BEACH, CA 92660
PURVIS ROBERT K & CAROLYN K
PO BOX 3089
ASPEN, CO 81612
RUMSEY DANIEL W
27212 APPALOOSA RD
CANYON COUNTRY, CA 91387-4806
SCHAYER CHARLES M III
588 S PONTIAC WAY
DENVER, CO 80224
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30 DEXTER ST
DENVER, CO 80220
SILVERMAN MARC A & MARILYN L
937 DALE RD
MEADOWBROOK. PA 19046
SOLONDZ TAMI S
PO BOX 2829
ASPEN, CO 81612
SPAULDING RICHARD W
THOMPSON ELEANOR M
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CONCORD, MA 01742-0278
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3910 S HILLCREST DR
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2000 E 12TH AVE BOX 8
DENVER, CO 80206
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PO BOX 11509
ASPEN, CO 81612
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100 E DEAN ST #2D
ASPEN, CO 81611
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1450 SILVERKING DR
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VENTER HENDRIK JOHANNES
119 E COOPER #10
ASPEN,CO 81611
WHITE JALEH
THICKMAN DAVID
152 E DURANT AVE
ASPEN, CO 81611-1737
WOLF FAMILY TRUST 12/23/1986
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SAN DIEGO, CA 92103
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CARBONDALE. CO 81623
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PO BOX 7964
ASPEN. CO 81612
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To:
From:
Date:
Re:
"Paul J. Taddune", TADDUNE
"Seth Hmielowski", INTERNET:sethcga@sopris.net
4/19/2006, 11:35 AM
site square feet
Paul, the entire site (not including the additional triangle) is 28,991
square feet. I got this from our site plan. The new survey we will get in
tow weeks will have the accurate calculation.
Take care,
seth
Seth Hmielowski
Caudill Gustafson & Assoc. Architects
234 East Hopkins Avenue
Aspen, CO 81611
P 970.925,3383
F 970.925.1371
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From: "Seth Hmielowski" <sethcga@sopris.net>
To: "Paul J. Taddune" <TADDUNE@compuserve.com>
Subject: site square feet
Date: Wed, 19 Apr 2006 11:35:14 -0600
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f"-.....
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American Land Title Association Commitment - 1982
TITLE INSURANCE COMMITMENT
BY
stewart,
tttle 9\)E)[:5Inl)'
Order Number:
44498-C2
We agree to issue policy to you according to the terms of the Connnitment When we show the policy
amount and your name as the proposed insured in Schedule A, this Commitment becomes effective as of
the Commitment Date shown in Schedule A
If the Requirements shown in this Commitment have not been met within six months after the
Commitment Date, our obligation under this Commitment will end. Also, our obligation under this
Commitment will end when the Policy is issued and then our obligation to you will be under the Policy,
Our obligation under this Commitment is limited by the following:
The Provisions in Schedule A
The Requirements in Schedule B-1
The Exceptions in Schedule B-I1
The Conditions on Page 2,
This Commitment is not valid without SCHEDULE A and Sections I and II of SCHEDULE B-
IN WITNESS WHEREOF, Stewart Title Guaranty Company has caused its corporate name and seal to
be hereunto affixed by its duly authorized officers on the date shown in Schedule A
stewart
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Countersigned:
^~_~"''-c,..
Stewart Title of Colorado, Ine - Aspen Division
620 East Hopkins Avenue
Aspen, CO 81611
(970) 925-3577
Order Number: 44498-C2
P~ge 1 of2 Commitment - ?35 W/O Disclosure
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CONDITIONS
1. DEFINITIONS
(a) "Mortgage" means mortgage, deed of tmst or other security instmmenL (b) "Public Records"
means title records that five constnlctive noticeof matters affecting your title - according to the
state statutes where your land is located.
2. LATER DEFECTS
The Exceptions in Schedule B - Section II may be amended to show any defects, liens or
encumbrances that appear for the first time in the public records or are created or attached between
the Commitment Date and the date on which all of the Requirements (a) and (c) of Schedule B -
Section I are meL We shall have no liability to you because of this amendmenL
3. EXISTING DEFECTS
If any defects, liens or encumbrances existing at Commitment Date are not shown in Schedule E, we
may amend Schedule B to shown them If we do amend Schedule B to show these defects, liens or
encumbrances, we shall be liable to you according to Paragraph 4 below unless you knew of this
information and did not tell us about it in writing,
4. LIMITATION OF LIABILITY
Our only obligation is to issue to you the policy referred to in this Commitment when you have met
its Requirements, If we have any liability to you for any loss you incur because of an error iu this
Commitment, our liability will be limited to your actual loss caused by your relying on this
Commitment when you acted in good faith to:
Comply with the Requirements shown in Schedule B - Section I
or
Eliminate with Ollr written consent any Exceptions shown in Schedule B - Section II.
We shall not be liable for more than the Policy Amount shown in Schedule A of this Commitment
and our liability is subject to the terms of the Policy form to be issued to YOlL
5. CLAIMS MUST BE BASED ON THIS COMMITMENT
Any claim whether or not based on negligence, which you may have against us concerning the title
to the land must be based on this Commitment
II
Order Number: 44498-C2
Page 2 of2 Commitment- 235 W/O Disclosure
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COMlVlITMENT FOR TITLE INSURANCE
SCHEDULE A
Effective Date: December 16, 2005 at 7:30 a,m, Order Number: 44498-C2
2. Policy or Policies To Be Issued:
(X) ALTA (1992) Owner's Policy
Amount:
TOBE
DETERblINED
(X) Standard ( ) Extended
Premium:
Proposed Insured: To Be Determined
( ) ALTAI 992 Loan Policy
( ) Standard ( ) Extended
Amount:
Premium:
3. The estate or interest in the land described or referred to in this Commitment and covered herein is:
Fee Simple
4. Title to the estate or interest in said land is at the effective date hereof vested in:
Lift One Condominium Association, bK, a corporation duly organized and existing under and by
virtne of the laws of the State of Colorado,
5. The land referred to in this Commitment is described as follows,
Condominium Unit 110, LIFT ONE CONDOMINIUMS, according to the Condominium Map
thereof, recorded November 17, 1972 in Plat Book 4 at Page 312 as Reception No, 155370, and as
further defined and described in the Condominium Declaration for Lift One Condominiums,
recorded November 17, 1972 in Book 268 at Page 921 as Reception No, 155369,
County of Pitkin, State of Colorado
Statement of Charges
Policy premiums shown above, and
any charges shown below are due and
payable before a policy can be issued,
To Be Determined
Examiner Name: Chuck Dom
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SCHEDULE B - Section 1
REQUIREMENTS
Order Number: 44498-C2
Tbe following are the requirements to be complied with:
Item (a) Payment to or for the account of the grantors or mortgagors of the full
consideration for the estate or interest to be insured.
Item (h) Proper instrument(s) creating the estate or interest to be insured must be executed
and duly filed for record, to wit:
L Release of Deed of Tmst
Dated: September 22, 1988,
Executed by: Lift One Condominium Association, Inc" a Colorado non-profit
corporation,
to the Public Tmstee of Pitkin County, to secure an indebtedness
in the amount of: $168,000,00,
in favor of: Sun Savings & Loan Association,
Recorded: September 22, 1988 in Book 573 at Page 868
as Reception No,: 304199,
NOTE: The beneficial interest under said Deed of Trust was assigned of record to State
Street Bank and Trust Company, as Tmstee by Federal Deposit Insurance Corporation, as
Conservator recorded AUf,'llst 14, 1998 as Reception No, 420715,
L Certificate of Incorporation or Certificate of Good Standing of Lift One Condominium
Association, Inc" a Colorado non-profit corporation, issued by the Secretary of State of
Colorado,
3, Evidence satisfactory to Stewart Title Guaranty Company, fiJrnished by the Office of the
Director of Pinancc, City of Aspen, that the following taxes have been paid, or that
conveyance is exempt from said taxes:
(1) The "Wheeler Real Estate Transfer Tax" pursuant to Ordinance No, 20 (Series of 1979)
and (2) The "Housing Real Estate Transfer Tax" pursuant to Ordinance No, 13 (Series of
1990),
4, Certificate from the management group evidencing the fact that all Condominium expenses
have been paid pursuant to Paragraph No, 26 of the Condominium Declaration,
5, Indemnity and Affidavit as to Debts, Liens and Leases, duly executed by the seller and buyer
and approved by Stewart Title of Aspen, Inc,
6, Deed from vested owner, vesting fee simple title in purchaser(s).
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SCHEDULE B - Section 2
EXCEPTIONS
Order Number: 44498-C2
The policy or policies to be issued will contain exceptions to the following unless the same
are disposed of to the satisfaction of the Company:
I, Rights or claims of parties in possession, not shown by the public records,
L Easements, or claims of easements, not shown by the public records,
3, Discrepancies, conflicts in boundary lines, shortage in area, encroachments, and any facts
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 material heretofore or hereafter nmlished,
imposed by law and not shown by the public records,
5, Defects, liens, encumbrances, adverse claims or other matters, if any, created, first appearing
in the public records or attaching subsequent to the effective 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 commitmenL
6, Unpatented mining claims; reservations or exceptions in patents, or an act authorizing the
issuance thereof; water rights, claims or title to water
7, Any and all unpaid taxes and assessments and any unredeemed tax sales,
The effect of inclusions in any general or specific water conservancy, fire protection, soil
conservation or other district or inclusion in any water service or street improvement area,
8, Right of the proprietor of a vein or lode to extract and remove his ore therefrom, should the
same be found to penetrate or intersect the premises hereby granted, as reserved in United
States Patent recordcd August 26, 1949 in Book 175 at Page 298 as Reception No, 96929,
9, Terms, conditions, restrictions and obligations as set forth in the Condominium Declaration
for Lift One Condominiums, recorded November 17, 1972 in Book 268 at Page 921 at
Reception No, 155369,
10, Easements, rights of way and other matters as shown and contained on Condominium Map of
Lift One Condominiums recorded November 17, 1972 in Plat Book 4 at Page 312 as
Reception No, 155370
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Any and all unpaid taxes and assessments and any unredeemed tax sales,
The effect of inclusions in any general or specific water conservancy, fire protection, soil
conservation or other district or inclusion in any water service or street improvement area,
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DISCLOSURES
Pursuant to CKS, 10-11-122, notice is hereby given that:
A, The subject real property may be located in a Special Taxing District;
R A Certificate of Taxes due listing each taxing j urisdiction shall be obtained form the County Treasurer or the County
Treasurer's authorized agent;
C Information regarding Special Districts and the boundaries of such districts may be obtained from the Board of
County Commissioners, the County Clerk and Recorder, or the County AssessoL
Note: Colorado Division of Insurance Regulations 3-5-1, Paragraph C of Article VII requires that "Every title entity
shall be responsible for all matters which appear of record prior to the time of recording whenever the title entity
conducts the closing and is responsible for recording or filing of legal documents resulting from the transaction
which was closed," Provided that Stewart Title of Colorado, lne, - Aspen Division conducts the closing of the
insured transaction and is responsible for recording the legal documents from the transaction, exception number 5
will not appear on the Owner's Title Policy and the Lender's Title Policy when issued,
Note: Affirmative Mechanic's Lien Protection for the Owner may be available (typically by deletion of Exception No, 4
of Schedule B, Section 2 of the Commitment form the Owner's Policy to be issued) upon compliance with the
following conditions:
A, The land described in Schedule A of this commitment must be a single family residence, which includes a
condominium or townhouse unit
B. No labor or materials have been furnished by mechanics or materialmen for purposes of construction on the
land described in Schedule A of this Commitment within the past 6 months,
C. The Company must receive an appropriate affidavit indeumifying the Company against unfiled mechanic's,
and materialmen's liens.
D. The Company must receive payment of the appropriate premium.
E. If there has been construction, improvements or major repairs undertaken on the property to be purchased,
within six months prior to the Date of ConuIDtment, the requirements to obtain coverage for unrecorded
liens will include: disclosure of certain construction information; financial information as to the seller, the
builder and/or the contractor; payment of the appropriate premium; fully executed Indemnity agreements
satisfactory to the company; and, any additional requirements as may be necessary after an examination of
the aforesaid information by the Company,
No coverage will be given under any circumstances for labor or material for which the insured has contracted for or
agreed to pay,
NOTHING HEREIN CONTAINED WILL BE DEEMED TO OBLIGATE THE COMPANY TO PROVDE ANY
OF THE COVERAGES REFERRED TO HEREIN UNLESS THE ABOVE CONDITIONS ARE FULLY
SA TISFIED.
File Number~ 44498-C2
Skwurt Title of Colorado, lne. - ASpl.':1l Divisioll
Disclosures
P;1ge 1 of 1
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PRIVACY POLICY NOTICE
PURPOSE OF THIS NOTICE
Title V of the Gramm-Leach-Eliley Act (GLEA) generally prohibits any financial institution, directly
or through its affiliates, from sharing nonpublic personal information about you with a nonaffiliated
third party unless the institution provides you with a notice of its privacy policies and practices, such
as the type of information that it collects about you and the categories of persons or entities to whom
it may be disclosed, In compliance with the GLBA, we are providing you with this document, which
notifies you of the privacy policies and practices of Stewart Title of Colorado, Inc. - Aspen
Division and Stewart Title Gnaranty Company
We may collect nonpublic personal information about you from the following sources:
. Infonnation we receive from you, such as on applications or other fonns.
. Information about your transactions we secnre from our files, or from our affiliates or others.
. Infonnation we receive from a consumer reporting agency.
. Information that we receive from others involved in your transaction, such as the real estate
agenl or lender.
Unless it is specifically stated otherwise in an amended Privacy Policy Notice, no additional
nonpublic personal information will be collected about you,
We may disclose any of the above information that we collect about our customers or former
customers to our affiliates or to nonaffiliated third parties as permitted by law,
We also may disclose this information about our custOlners or fanner customers to the following
types of nonaffiliated companies that perform marketing servi'ces on our behalf or with wbom we have
joint marketing agreements:
. Financial service providers such as companies engaged in banking, consumer finance,
securities and insurance.
. Non-financial companies such as envelope stuffers and other fulfillment service providers.
WE DO NOT DISCLOSE ANY NONPUBLIC PERSONAL INFORMATION ABOUT YOU WITH
ANYONE FOR ANY PURPOSE THAT IS NOT SPECIFICALLY PERMITTED BY LAW,
We restrict access to nonpublic personal information about you to those employees who need to know
that information in order to provide products or services to you. We maintain physical, electronic,
and procedural safeguards that comply with federal regulations to gnard your nonpublic personal
information.
File Number: 44498-C2
Stewart Title or Colorado, Inc. - A8pcn Oivision
Privacy Policy Notice
Page I of I
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~ LIFT ONE CONOOMINIUMS .o-'~kiJ
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James Lindt
From:
Sent:
To:
Subject:
Paul J. Taddune [TADDUNE@compuserve,com]
Friday, June 02, 20069:37 AM
James Lindt
Continuance
James:
To follow-up on our conversation this morning, Lift One will need to request a continuance
of the discussion of the employee housing aspect of the application but would like to move
forward on the parapet discussion.
The reason for the request for a continuance is that the architectural plans are evolving
and the square footage of the proposed employee unit may have to be reduced from the 2
bedroom configuration that was submitted with the application.
Thanks for your help.
Regards,
Paul
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AGENDA
ASPEN PLANNING AND ZONING COMMISSION
REGULAR MEETING
Tuesday, June 6, 2006
4:30 p.m.
SISTER CITIES, CITY HALL
I. COMMENTS
A. Commissioners
B. Planning Staff
C. Public
II. MINUTES (5 }z/ to )
III. DECLARATION OF CONFLICT OF INTEREST
IV. PUBLIC HEARINGS:
A. 520 East Durant, Ajax Mountain Building Subdivision&
Growth Management-James Lindt
B. Lift One Growth Management Review-James Lindt
C. Code Amendment-Historic Preservation TDRs in the
Residential Multi-Family District-Jennifer Phelan
V. BOARD REPORTS
VI. ADJOURN
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ATTACHMENT 7
AFFIDAVIT OF PUBLIC NOTICE
REQUIRED BY SECTION 26.304.060 (E), ASPEN LAND USE CODE
ADDRESS OF PROPERTY: \ 2> \ k .~~ ~, Aspen, CO
SCHEDULED PUBLIC HEARING DATE: G\JV\f...- ~ ,2ooJLb
STATE OF COLORADO )
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Connty of Pitkin )
I, cr BN.N \ Vf':,R- ~ (name, please print)
being or representing an Applicant to the ity of Aspen, Colorado, hereby personally
certify that I have complied with the public notice requirements of Section 26.304.060
(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 at least fifteen (15)
days prior to the public hearing. A copy of the publication is attached hereto.
_ Posting of notice: By posting of notice, which form was obtained from the
Community Development Department, which was made of suitable,
waterproof materials, which was not less than twenty-two (22) inches wide
and twenty-six (26) inches high, and which was composed ofletters not,
less than one inch in height. Said notice was posted at least fifteen (15)da~
prior to the public hearing and was continuously visible from the _ day 01\
,200_, to and including the date and time of the public
hearing. A photograph of the posted notice (sign) is attached hereto.
_ Mailing of notice. By the mailing of a notice obtained from the Community
Development Department, which contains the information described in Section
26.304.060(E)(2) of the Aspen Land Use Code. At least fifteen (IS) days prior to
the public hearing, notice was hand delivered or mailed by first class postage
prepaid U.S. mail to all owners of property within three hundred (300) feet of the
property subject to the development application. The names and addresses of
property owners shall be those on the current tax records of Pitkin Counws they
appeared no more than sixty (60) days prior to the date of the public hearing':\,4
copy of the owners and governmental agencies so noticed is attached hereto.
(continued on next page)
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Rezoning or text amendment. Whenever the official zoning district map is in
any way to be changed or amended incidental to or as part of a general revision
of this Title, or whenever the text of this Title is to be amended, whether such
revision be made by repeal of this Title and enactment of a new land use
regulation, or otherwise, the requirement of an accurate survey map or other
sufficient legal description of, and the notice to and listing of names and
addresses of owners of real property in the area of the proposed change shall
be waived. However, the proposed zoning map shall be available for public
inspection in the planning agency during all business hours for fifteen (15) days
prior to the public hearing on such amendments.
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Signature
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The foregoing "Affidavit of Notice" was aCkno~~e ~ay
of vV\ cJ\A j , 200 kby -::Jev1. e\PWi
WITNESS MY HAND AND OFFICIAL SEAL
JZ:L::e;~~~
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Notary Pubhc ~;5"""-o' 3~A \':
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PUBLIC .'IIOTICE
RE: LlFT ONE CONDOMINIUMS CONSOLIDATED
CONCEPTUAL/~lNAL PUD. GROWTH MANAGE-
MENT REVIEW FOR AFFORDABLE HOUSING
CONDOMINIUM PLAT AMEND ENT, SPECIAL RE:
VIEW FOR PARKING
NOTICE IS HERE!l;~' GIVEN thaI a public
hearing will be held w/ lIesday, June 6, 2006, al
a meeting to begin 4:30 p.m. belore IheAspen
Plannmg and Zoning Commission, Si5ler Cities
Room. City HaJl, nos, GalenaSI.,A.pen to COll_
Sider all appJicalloll submittel1 by the Lilt One
CondomllliumAsSOCiatiOll.lnc. requesting'lppro-
v'll,ola consolidated conceptual/final PUOappli.
Gillon to add parapel and gablero.ofeJement5 to
the roof of the Lift One Condominiums. The Ap-
plicalll has al:<orequested a growth management
revIew for the development of aJlordahle hOU5
ing: " condominium pial amelll1ment, and speci~j
revIew foraHordabJe housing parking to convert
abanditresldellllalul1ltlnloadeed_reMrktetlal_
fordable housing UIIII. The5ubject property is 10-
catedall31 I::.Durallt Avenue anl1 15 commonly
known as lhe Llfl One Condominiums. The COn.
lacl informalion for lhe Applicant is as follows;
I.dt On.. Condominium Associalion. 131 E, Durant
Avellue, Aspen. COS16ij
Fur further infnrmatiDn. eo ct James Untlt at
the City of Aspen, Cumm y Developmenl De--
p:,rtn.lent~" 130 S, (~,,' na St.. Aspen, CO
9,ll429.2dd, (or 1.1-> email jamesl@cLaspeIl
(o.us).
s/Jasmine'i"ygre, Chair
;\spenPlanlling'lndZollingCUnllllisSioll
Published In the Aspen Times We"klv on May 2\
2006, (:l727) .,
A TT ACHMENTS:
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COpy OF THE PUBLICATION
OTOGRAPH OF THE POSTED NOTICE (SIGN)
VNERS AND GOVERNMENTAL AGENCIES NOTICED
BY MAIL
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AFFIDAVIT OF PUBLIC NOTICE
REQUIRED BY SECTION 26.304.060 (E), ASPEN LAND USE CODE
ADDRESS OF PROPERTY: 131 East Durant Avenue, Aspeu, CO
SCHEDULED PUBLIC HEARING DATE: June 6, 2006
STATE OF COLORADO )
) ss.
County of Pitkin )
I, fAUl. J". T" ~D\Jtri5 (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) 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 at least fifteen (15)
days prior to the public hearing. A copy of the publication is attached hereto.
L Posting of notice: By posting of notice, which form was obtained from the
Community Development Department, which was made of suitable,
waterproof materials, which was not less than twenty-two (22) inches wide
and twenty-six (26) inches high, and which was composed ofletters not
less than one inch in height. Said notice was posted at least fifteen (15) days
prior to the public hearing and was continuously visible from the\"1i\..aay of
'NIf.. ~ ' 200.2...., to and including the date and time of the public
hearing. A photograph of the posted notice (sign) is attached hereto.
X Mailing of notice. By the mailing of a notice obtained from the Community
Development Department, which contains the information described in Section
26.304.060(E)(2) of the Aspen Land Use Code. At least fifteen (15) days prior to
the public hearing, notice was hand delivered or mailed by first class postage
prepaid U.S. mail to all owners of property within three hundred (300) feet of the
property subject to the development application. The names and addresses of
property owners shall be those on the current tax records of Pitkin County as they
appeared no more than sixty (60) days prior to the date of the public hearing. A
copy of the owners and governmental agencies so noticed is attached hereto.
(continued on next page)
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Rezoning or text amendment. Whenever the official zoning district map is in
any way to be changed or amended incidental to or as part of a general revision
of this Title, or whenever the text of this Title is to be amended, whether such
revision be made by repeal of this Title and enactment of a new land use
regulation, or otherwise, the requirement of an accurate survey map or other
sufficient legal description of, and the notice to and listing of names and
addresses of owners of real property in the area of the proposed change shall
be waived. However, the proposed zoning map shall be available for public
inspection in the planning agency during all business hours for fifteen (15) days
prior to the public hearing on such amendments.
Q.J --;r
Signature
sf
The foregoing "Affidavit of Notice" was acknowledjed before me this jl day
of ~ ' 200k, by --.::::rrJ.M.( 0. -1~
WITNESS MY HAND AND OFFICIAL SEAL
My commission expires: q II C; I 0 '1
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Notary Public
ATTACHMENTS:
COPY OF THE PUBLICATION
PHOTOGRAPH OF THE POSTED NOTICE (SIGN)
LIST OF THE OWNERS AND GOVERNMENTAL AGENCIES NOTICED
BY MAIL
PUBLIC NOTICE
RE: LIFT ONE CONDOMINIUMS CONSOLIDATED CONCEPTUALIFINAL PUD,
GROWTH MANAGEMENT REVIEW FOR AFFORDABLE HOUSING,
CONDOMINIUM PLAT AMENDMENT, SPECIAL REVIEW FOR PARKING
NOTICE IS HEREBY GIVEN that a public hearing will be held on Tuesday, June 6, 2006, at a
meeting to begin at 4:30 p.m. before the Aspen Planning and Zoning Commission, Sister Cities
Room, City Hall, 130 S. Galena St., Aspen, to consider an application submitted by the Lift One
Condominium Association, Inc. requesting approval of a consolidated conceptual/final PUD
application to add parapet and gable roof elements to the roof of the Lift One Condominiums.
The Applicant has also requested a growth management review for the development of
affordable housing, a condominium plat amendment, and special review for affordable housing
parking to convert a bandit residential unit into a deed-restricted affordable housing unit. The
subject property is located at 131 E. Durant Avenue and is commonly known as the Lift One
Condominiums. The contact information for the Applicant is as follows: Lift One
Condominium Association, 131 E. Durant Avenue, Aspen, CO 81611
For further information, contact James Lindt at the City of Aspen Community Development
Department, 130 S. Galena St., Aspen, CO 970.429.2763, (or by email jamesl@ci.aspen.co.us).
s/Jasime TVl!re. Chair
Aspen Planning and Zoning Commission
Published in the Aspen Times on May 21, 2006
City of Aspen Account
Impression antibourrage et a sechage rapide
Utilisez Ie gabarit 5160@
124 E DURANT AVENUE LLC
C/O WOGAN WENDY
533 W FRANCIS
ASPEN, CO 81611
ALPINE BANK ASPEN
600 E HOPKINS AVE
ASPEN, CO 81611
ASPEN LAND FUND II LLC
660 NEWPORT CENTER DR #500
NEWPORT BEACH, CA 92660
BLACKWELL CLARENCE A & ANNE H
PO BOX 3180
ANNAPOLIS, MD 21403
BRIGHT GALEN
205 E DURANT AVE #30
ASPEN, CO 81611-3813
BRUMDER PHILIP G & ASMUTH
ANTHONY
QUARLES & BRADY C/O
411 E WISCONSIN AVE STE 2500
MILWAUKEE, WI 53202
CALLAHAN PATRICIA
0184 MOUNTAIN LAUREL DR
ASPEN, CO 81611
CASPER MARY LYNN
124 E DURANT #4
ASPEN, CO 81611
CHRISTENSEN CINDY
109 JUAN ST
ASPEN, CO 81611
COHN PETER L
1601 S CENTRAL AVE
GLENDALE, CA 91204
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www.avery.com
1-80G-GO-AV'-"
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710 SOUTH ASPEN LLC
314 S GALENA ST STE 200
ASPEN, CO 81611
AL YEMENI MOHAMMED & ALICE
3109 OAKMONT DR
STATESVILLE. NC 28625
BARBEE MARY K LlV TRUST
625 SKYLINE DR
CODY, WY 82414
BOURGAULT MARY JANE
555 E DURANT AVE #4J
ASPEN, CO 81611
BRITTON CARl
PO BOX 12131
ASPEN, CO 81612
CABELL JOE
C/O CHARTHOUSE
1765 ALA MOANA BLVD
HONOLULU, HI 96815
CARLSON KEITH
101 E COOPER #302
ASPEN, CO 81611
CHAPLIN ARLENE & WAYNE
54 LAGORCE CIR
MIAMI BEACH, FL 33141
CITY OF ASPEN
130 S GALENA ST
ASPEN, CO 81611
COLEMAN ISAIAH
PO BOX 11239
ASPEN. CO 81612
A1I3AV-09-008-L
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ALLEN DOUGLAS P
403 LACET LN
ASPEN, CO 81611
ASPEN LAND FUND II LLC
302 E HOPKINS AVE
ASPEN, CO 81611
BENT FORK LLC
C/O FESUS GEORGE
POBOX 9197
ASPEN, CO 81612
BRENNAN JACQUELINE NANCY
31 TRAINORS LANDING
ASPEN. CO 81611
BROWNELL LORRAINE B
1030 SECOND ST
MORGAN CITY, LA 70380
CAIN DOUGLAS M
CAIN CONSTANCE MOFFIT TRUSTEES
1960 HUDSON ST
DENVER, CO 80220
CARRUTHERS MARILYN
101 E COOPER #301
ASPEN, CO 81611
CHRISPAT ASPEN LLC
CHRISTINE FERER
1107 FIFTH AVE
NEW YORK, NY 10128
COHEN ARTHUR S
IBSEN 72
MEXICO CITY MEXICO, 11560
CROCKETT RUFUS
PO BOX 3837
ASPEN, CO 81612
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CROW MARGERY K & PETER 0
46103 HIGHWAY 6 & 24
GlENWOOD SPRINGS, CO 81601
DANCING BEAR lAND llC
124 ANNAPOLIS IN
PONTE VERDA, Fl 32082
DUNN STEVEN G
107 JUAN ST
ASPEN, CO 81611
EVANS DAVID COURTNEY
PO BOX 952
ASPEN, CO 81612
FELDMAN SELMA
300 S POINTE DR APT 2403
MIAMI BEACH, Fl 33139-7329
FREIRICH MARK A
PO BOX 774056
STEAMBOAT SPRINGS, CO 80477
GEORGIEFF KATHERINE TRUSTEE OF
THE
KATHERINE GEORGIEFF REVOCABLE
LIVING TRS
#11 TOPPING IN
ST lOUIS, MO 63131
GOLDSMITH ADAM 0
PO BOX 9069
ASPEN, CO 81612
HElM WilLIAM 0
124 E DURANT AVE APT 1
ASPEN, CO 81611-1769
HERRON SANDRA A
119 E COOPER AVE APT 19
ASPEN, CO 81611-1761
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CYS RICHARD l AND KAREN l
5301 CHAMBERLIN AVE
CHEVY CHASE. MD 20815
DOLlNSEK JOHN
619 S MONARCH ST
ASPEN, CO 81611
ELLIS DIANA l ROQUE TRUSTEE
13320 MULHOLLAND DR
BEVERLY HillS, CA 90210
FARINO CAROL
PO BOX 10421
ASPEN, CO 81612
FLETCHER KAREN K & JAY R
PO BOX 3476
ASPEN, CO 81612
FUQUA ALVAH 0 JR & DIANNE l
446 LAKE SHORE DR
SUNSET BEACH, NC 28468
GillESPIE JOHN E REVOCABLE TRUST
775 GUlFSHORE DR #4219
DESTIN, Fl 32541
GUBSER NICHOLAS J
PO BOX 870
ASPEN, CO 81612
HEIMANN GEORGE R
100 E DEAN ST #2E
ASPEN, CO 81611-1967
Hill EUGEN DUBOSE III & JOAN LUISE
TRST
PO BOX 129
PRIDES CROSSING, MA 01965
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CZAJKOWSKI MICHAEL
CZAJKOWSKI SANDRA J
90 lA SAllE ST APT 16G
NEW YORK, NY 10027
DONCERJOYCETRUST
7641 W 123RD Pl
PALOS HEIGHTS, Il 60463
ELLIS PAUL DAVID
100 E DEAN ST #2F
ASPEN, CO 81611
FARR BRUCE K & GAil H
PO BOX 5142
ASPEN, CO 81612
FOX THOMAS H
119 ECOOPERAVE
ASPEN, CO 81611
GARMISCH llC
C/O MIE PROPERTIES
2560 lORD BALTIMORE DR
WINDSOR Mill, MD 21244
GINSBURG ANNE C & ROBERT B
7933 YORKSHIRE CT
BOCA RATON, Fl 33496-1323
HATCHER HUGH S
205 E DURANT AVE APT 2E
ASPEN, CO 81611
HENRY WAYNE SCOTT
PO BOX 2383
GRAPEVINE, TX 76099
HINES TOM & CAROLYN
21 TRAINORS lNDG
ASPEN, CO 81611-1652
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HORTON KAREN JANE TRUST
588 S PONTIAC WAY
DENVER, CO 80224
IAVARONE GIANFRANCO & RITA
3410RIENTAAVE
MAMORONECK, NY 10543
JOBE MARCIA
POBOX M-3
ASPEN, CO 81612
JUAN STREET HOMEOWNERS
ASSOCIATION
119 JUAN ST
ASPEN, CO 81611
KEITH JOHN III
300 PUPPY SMITH ST #203-230
ASPEN, CO 81611
LARKIN THOMAS J & MARYANN K
1 SHELDRAKE LN
PALM BEACH GARDENS, FL 33418-6820
LEVY HELEN JOAN TRUST
421 WARWICK RD
KENILWORTH, IL 60043-1145
LUNDHOLM KERSTIN M
115 JUAN ST
ASPEN, CO 81611
MCCALL CAROLYN E
100 E DEAN ST#1E
ASPEN, CO 81611
MILLER R GREG
PO BOX 4577
ASPEN, CO 81612
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HOTEL DURANT
122 E DURANT
ASPEN, CO 81611
ICAHN L1BA
PO BOX 11137
ASPEN. CO 81612
JOHNSON KERRI & DEREK
117JUANST #1
ASPEN, CO 81611
KAPLAN BARBARA
3076 EDGEWOOD RD
PEPPER PIKE, OH 44124
KINGSBURY FAMILY TRUST
PO BOX 198
HOLDERNESS, NH 03245
LCH LLC
CIO TOM DIVENERE
124 ANNAPOLIS LN
PONTE VEDRA, FL 32082
L1MELlTE REDEVELOPMENT LLC
ATTN DALE PAAS
228 E COOPER AVE
ASPEN,CO 81611
MACALPINE KENDRA M
101 E COOPER AVE #201
ASPEN, CO 81611
MCCARTNEY BRENDA DAHL
113 JUAN ST
ASPEN, CO 81611
MITCHELL ELSA R
PO BOX 2492
ASPEN, CO 81612
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HOUGH HAZEL C
1 BEACH DR APT #1002
ST PETERSBURG, FL 33701
J&E HANSEN LLC
CIO EDWARD HANSEN
204 E DURANT AVE
ASPEN,CO 81611
JOHNSTON MARGARET S 9.87%
30 DEXTER ST
DENVER, CO 80220
KAUFMAN STEVEN B TRUST
CIO VIRGINIA HARLOW
0554 ESCALANTE
CARBONDALE, CO 81623-8770
KULLGREN NANCY A
205 E DURANT AVE UNIT 2-C
ASPEN,CO 81611
LEBBY ERIN
PO BOX 1352
ASPEN, CO 81612
LOCHHEAD RAYMOND R & EMILIE M
200 SHERWOOD RD
PASO ROBLES, CA 93446
MACHUCA EDGAR F
11 TRAINORS LANDING
ASPEN, CO 81611
MESSNER CHRISTIAN
119 E COOPER AVE #21
ASPEN,CO 81611
MORGAN MICHAEL L
115 JUAN ST
ASPEN, CO 81611
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MURRAY DENIS
PO BOX 3770
ASPEN, CO 81612
NELSON ARLENE
119 E COOPER ST #6
ASPEN, CO 81611
NOBLE GUY T
PO BOX 9344
ASPEN, CO 81612
NORTH LAUDERDALE PETROLEUM LLC
6318 NW 23RD ST
BOCA RATON, FL 33434
OTT JOHN & CAROL
101 E COOPER AVE #203
ASPEN, CO 81611
PASCO PROP LLC
SMITH PATRICK A
POBOX 850
ASPEN, CO 81612
POPKIN PHILIP G
PO BOX 7956
ASPEN, CO 81612
PRODINGER IRMA
PO BOX 1245
ASPEN, CO 81612
ROSE JON E
ROSE RITA L
303 MAGNOLIA LAKE DR
LONGWOOD, FL 32779
RUDERMAN ERIC P & MIMI E
1536 OGDEN ST
DENVER, CO 80218-1406
SALlTERMAN LARRY & NANCY
603 S GRAMISH
ASPEN, CO 81611
SANDS BENJAMIN N
15 PAPER CHASE DR
FARMINGTON, CT 06032-2151
SCHROEDER C M JR
SCHROEDER BETTY ANN
3629 ROCKBRIDGE RD
COLUMBIA, SC 29206
SETZLER ALEX
100 E DEAN ST UNIT 2C
ASPEN, CO 81611-1957
SHEFFER BARBARA & DOUGLAS
PO BOX 250
ASPEN, CO 81612
SHENK ROBERT 0
290 HWY 133
CARBONDALE, CO 81623-1530
SLOAN SUSAN MARIE
500 S ORANGE AVE
SARASOTA, FL 34236
SMITH RONA K
1742 HILLSIDE RD
STEVENSON, MD 21153
SOUTH POINT CONDOMINIUM
ASSOCIATION
205 E DURANT AVE #2F
ASPEN. CO 81611
SOUTH POINT-SUMNER CORP
4828 FORT SUMNER DR
BETHESDA. MD 20816
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NITSCHKE RUPRECHT TRUST 50%
NITSCHKE ELIZABETH TRUST 50%
7107 FRANKLIN ST
MIDDLETON, WI 53562
ONEAL PROPERTIES LLC
8100 E CAMELBACK RD #31
SCOTTSDALE, AI. 85251-2773
PINES LODGE DEVELOPMENT LLC
2353 IRVINE AVE
NEWPORT BEACH, CA 92660
PURVIS ROBERT K & CAROLYN K
PO BOX 3089
ASPEN, CO 81612
RUMSEY DANIEL W
27212 APPALOOSA RD
CANYON COUNTRY, CA 91387-4806
SCHAYER CHARLES M III
588 S PONTIAC WAY
DENVER, CO 80224
SEVERY REV TRUST 70.39%
30 DEXTER ST
DENVER, CO 80220
SILVERMAN MARC A & MARILYN L
937 DALE RD
MEADOWBROOK, PA 19046
SOLONDZ TAMI S
PO BOX 2829
ASPEN, CO 81612
SPAULDING RICHARD W
THOMPSON ELEANOR M
PO BOX 278
CONCORD, MA 01742-0278
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STARK RENEE A
205 E DURANT AVE APT 1D
ASPEN, CO 81611,3813
TELEMARK APARTMENT 2 LLC
3910 S HILLCREST DR
DENVER, CO 80237
TOWNE PLACE OF ASPEN CONDO
ASSOC INC
C/O ASPEN LODGING COMPANY
747 S GALENA ST
ASPEN. CO 81611
VANTONGEREN HAROLD V & LIDIA M
2000 E 12TH AVE BOX 8
DENVER, CO 80206
WEINGLASS LEONARD
PO BOX 11509
ASPEN, CO 81612
WILLETTE NANCY
100 E DEAN ST #2D
ASPEN, CO 81611
WRIGHT LISA
PO BOX 3770
ASPEN, CO 81612
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STITT ELIZABETH WILES IRREV TRUST
1450 SILVERKING DR
ASPEN, CO 81611
TELEMARK ASPEN LLC
55 SECOND ST
COLORADO SPRINGS. CO 80906
TRAINORS LANDING CONDO ASSOC
COMMON AREA EXEMPT
VENTER HENDRIK JOHANNES
119 E COOPER #10
ASPEN, CO 81611
WHITE JALEH
THICKMAN DAVID
152 E DURANT AVE
ASPEN, CO 81611-1737
WOLF FAMILY TRUST 12/23/1986
1221 MYRTLE AVE
SAN DIEGO, CA 92103
ZAUNER HEINZ JURGEN
C/O BARBARA ELIAS
0451 STAGECOACH LN
CARBONDALE. CO 81623
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TAYLOR HARVEY C
W 301 N 9430 HWY E
HARTLAND, WI 53029
THALBERG KATHARINE
221 E MAIN ST
ASPEN, CO 81611
UHLFELDER FAMILY INVESTMENTS
RLLP
210 AABC STE AA
ASPEN, CO 81611
WALDRON GAIL YN L TRUSTEE
PO BOX 7964
ASPEN, CO 81612
WICHMANN VICTORIA
BOX 4388
ASPEN, CO 81612
WOODSON TAT JANA D
POBOX125
TETON VILLAGE, WY 83025
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RESOLUTION NO. 19
(SERIES OF 2006)
A RESOLUTION OF THE CITY OF ASPEN PLANNING AND ZONING
COMMISSION RECOMMENDING THAT CITY COUNCIL APPROVE TEXT
AMENDMENTS THAT AMEND MUNICIPAL CODE SECTION
26.710.190(D)(2)(a), LODGE ZONE DISTRICT, TO AMEND THE MINIMUM LOT
AREA PER DWELLING UNIT REQUIREMENTS, CITY OF ASPEN, PITKIN
COUNTY, COLORADO.
WHEREAS, the Lift One Condominium Association represented by Paul
Taddune has proposed an application for an amendment to Title 26, the City of Aspen
Land Use Code to amend Section 26.710.l90(D)(2)(a), Lodge Zone District: Minimum
Lot Area per Dwelling Unit, to allow there to be no minimum lot area per dwelling unit
requirement for the development of deed-restricted affordable housing in the Lodge Zone
District; and,
WHEREAS, the Community Development Director has sponsored the proposed
code amendment to be heard by the Planning and Zoning Commission and City Council;
and,
WHEREAS, pursuant to Sections 26.310.040, the Planning and Zoning
Commission, in accordance with the procedures, standards, and limitations of this
Chapter, shall by resolution recommend that City Council approve, approve with
conditions, or deny a Code Amendment application, after considering a recommendation
by the Community Development Department and taking and considering public
comments; and,
WHEREAS, the Planning and Zoning Commission conducted a public hearing,
considered the recommendation of the Community Development Director and public
testimony on the proposed Code Amendment; and,
WHEREAS, during a duly noticed public hearing on May 2, 2006, the Planning
and Zoning Commission opened and continued the public hearing to May 16, 2006; and,
WHEREAS, during a continued public hearing on May 16,2006, the Planning
and Zoning Commission approved Resolution No. 19, Series of 2006, by a five to zero
(5-0) vote, recommending that the City Council approve the land code amendment to
amend Section 26.710.190(D)(2)(a), Lodge Zone District: Minimum Lot Area per
Dwelling Unit, to allow there to be no minimum lot area per dwelling unit requirement
for the development of deed-restricted affordable housing in the Lodge Zone District;
and,
WHEREAS, the Planning and Zoning Commission finds that the Code Amendment
proposal meets or exceeds all applicable amendment standards and that the approval of the
Code Amendment, is consistent with the goals and elements of the Aspen Area Community
Plan; and,
WHEREAS, the Aspen Planning and Zoning Commission finds that this Resolution
furthers and is necessary for the promotion of public health, safety, and welfare.
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NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF ASPEN
PLANNING AND ZONING COMMISSION as follows:
Section 1:
Pursuant to the procedures and standards set forth in Title 26 of the Aspen Municipal Code,
the Planning and Zoning Commission hereby recommends that City Council approved the
requested land use code amendment to Land Use Code Section 26.710.190(D)(2)(a),
Lodge Zone District: Minimum Lot Area per Dwelling Unit, to allow there to be no
minimum lot area per dwelling unit requirement for the development of deed-restricted
affordable housing units in the Lodge Zone District, as is noted in the following sections:
Section 2:
Section 26.71O.190(D)(2)(a), Lodge Zone District: Minimum Lot Area per Dwelling Unit,
of the Aspen Municipal Code shall be amended to read as follows:
Section 26.710.190(D)(2)(a), Minimum Lot Area per Dwellinl!: Unit
a. Multi-Family residential- 3,000 square feet. When the development is
residential, there is no minimum requirement for an affordable housing
unit.
Section 3:
All material representations and commitments made by the applicant pursuant to the Code
Amendment approvals as herein awarded, whether in public hearing or documentation
presented before the Planning and Zoning Commission or City Council, are hereby
incorporated in such Code Amendment approvals and the same shall be complied with as if
fully set forth herein, unless amended by an authorized entity.
Section 4:
This Resolution 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 5:
If any section, subsection, sentence, clause, phrase, or portion of this Resolution 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.
Approved by the Commission at its regular meeting on May 16, 2006.
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APPROVED AS TO FORM:
PLANNING AND ZONING COMMISSION:
City Attorney
Jasmine Tygre, Chair
ATTEST:
Jackie Lothian, Deputy City Clerk
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14 Complexes Likely at/or Over FAR, No Permit Records*
. 2 Complexes at/or Over FAR, Plans
. 2 Complexes Likely Under FAR, No Permit Records*
. 2 Complexes Under FAR, Plans
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MuIti-Familv Developments in Lod2e District
*_ Methodology used for determining approximate existing floor area in buildings that we
have no plans for was to measure the footprint of the buildings on GIS and multiply the
footprint by the number of floors above-grade. Buildings that are lodges or have a PUD
overlay were not looked at because they are not considered to be residential for density
purposes.
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MEMORANDUM
TO: Aspen Planning and Zoning Commission
THRU: Joyce Allgaier, Community Development Deputy Director
FROM: James Lindt, Senior Planner
RE: Lift One Condominiums Growth Management Review, Subdivision
Exemption for Condo Plat Amendment, Special Review to Establish Off-
Street Parking Requirements - Public Hearinl!:
DATE: May 16,2006
ApPLICANT /OWNER:
Lift One Condominium Association,
Inc.
REPRESENTATIVE:
Law Offices of Paul Taddune
LOCATION:
131 E. Durant Avenue
CURRENT ZONING:
LosIge Zone District.
PROPOSED LAND USE REQUESTS:
Growth Management Review for the
Development of Affordable Housing
and a Subdivision Exemption for an
Amendment to a recorded
Condominium Plat. A Code
Amendment to the Lodge Zone
District has also been requested in
conjunction with this application and
was considered at the previous
Planning and Zoning Commission
meeting.
Photo Above: Lift One Condominium Building.
SUMMARY:
The Applicant requests the necessary land use
approvals to legalize an existing bandit dwelling unit
and deed restrict it as a voluntary, Category 4, two-
bedroom affordable housing unit.
STAFF RECOMMENDATION:
Staff recommends that the Planning and Zoning
Commission approve the requests, with conditions
o
o
MEMORANDUM
TO: Aspen Planning and Zoning Commission
THRU: Joyce Allgaier, Community Development Deputy Director
FROM: James Lindt, Senior Planner
RE: Lift One Condominiums Growth Management Review, Subdivision
Exemption for Condo Plat Amendment, Special Review to Establish Off-
Street Parking Requirements - Public Hearine.
DATE: May 16, 2006
ApPLICANT /OWNER:
Lift One Condominium Association,
Inc.
I
I
I
REPRESENTATIVE:
Law Offices of Paul Taddune
LOCATION:
131 E. Durant Avenue
CURRENT ZONING:
Loslge Zone District.
I
PROPOSED LAND USE REQUESTS:
Growth Management Review for the
Development of Affordable Housing
and a Subdivision Exemption for an
Amendment to a recorded
Condominium Plat. A Code
Amendment to the Lodge Zone
District has also been requested in
conjunction with this application and
was considered at the previous
Planning and Zoning Commission
meeting.
I
I
Photo Above: Lift One Condominium Building.
SUMMARY:
The Applicant requests the necessary land use
approvals to legalize an existing bandit dwelling unit
and deed restrict it as a voluntary, Category 4, two-
bedroom affordable housing unit.
STAFF RECOMMENDATION:
Staff recommends that the Planning and Zoning
Commission approve the requests, with conditions
...
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REVIEW PROCEDURE:
The Planning and Zoning Commission shall be the final review authority on both the
requested growth management review for the development of affordable housing and the
special review to establish the parking requirements. The Applicant has also requested an
amendment to the approved condominium plat to show the unit as a legal unit. An
amendment to an approved condominium plat may be approved by the Community
Development Director after the review of the other land use actions. As was mentioned
above, the Applicant has also requested an amendment to the land use code to allow for
deed-restricted affordable housing units to be exempt from the minimum lot area per
dwelling unit requirements in the Lodge Zone District. The code amendment to the Lodge
Zone District was reviewed by the Planning and Zoning Commission and was recommended
for approval to City Council by the Commission.
LAND USE REQUESTS:
The Applicant has requested the following land use actions to convert the existing bandit
unit into a voluntary (not used for mitigation purposed) affordable housing unit:
. Growth Management Review for the Development of Affordable Housing.
. Special Review to Establish Off-Street Parking Requirements.
. Amendment to an Approved Condominium Plat (to be reviewed by the Community
Development Director if the other land use actions are approved).
. Code Amendment (being reviewed separate from other land use requests).
PROJECT SUMMARY:
The Applicant, Lift One Condominium Association Inc, requests approval to convert a bandit
dwelling unit (Unit 109) that has existed in the Lift One Condominiums since the mid-I 970s
into a voluntary, deed-restricted, category 4 affordable housing unit. The unit subject to this
application is a two-bedroom unit that is located on the first floor of the south building.
Apparently, Unit 110 was split into two (2) separate units (Units 109 and 110) at some point
in time with the City's approval. Special Review to establish the off-street parking
requirements are also requested to legalize the unit without having to provide an additional
parking space.
STAFF COMMENTS:
Growth Manarzement Review for Development of AH:
In reviewing the growth management request for the development of affordable housing,
Staff believes that the proposal meets the review standards. There are enough affordable
housing allotments available to accommodate the proposed unit in that the community has
not reached the overall cap on affordable housing units of2,428. Additionally, the proposed
affordable housing unit has been reviewed by the AspenlPitkin County Housing Authority
and they have indicated that the proposed unit meets the housing guideline requirements.
Staff also feels that the application is consistent with the Aspen Area Community Plan
(AACP) in that it provides an affordable housing unit that is in close proximity and within
walking distance to the Commercial Core and Aspen Mountain. Additionally, the proposed
affordable housing unit is located within a free-market residential building that integrates the
types of housing as is encouraged in the AACP's Housing Section.
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Special Review for Off-Street Parkin!!:
The Applicant has proposed to establish their off-street parking requirements for the site as
the existing number of parking spaces on the Lift One Condominium parcel. The Applicant
believes that converting the bandit unit that has been in existence since the I970s will not
actually create an additional need for off-street parking since the unit has been occupied for
several decades off and on. Including the proposed affordable housing unit, there would be a
total of thirty-two (32) residential units in the building and there is twenty-two (22) off-street
parking spaces existing on the parcel. If this were a newly developed project, the Applicant
would be required to provide one off-street parking space for every residential dwelling unit,
equaling a total of thirty-two (32) parking spaces. Through the special review process, the
Planning and Zoning Commission can consider the parking needs of the inhabitants of the
building and the projected impacts that a proposal will have on the on-street parking spaces
in the neighborhood in setting the required parking for a property.
The Planning Staff agrees with the Applicant's assertion that the legalizing the bandit unit as
an affordable housing unit will likely not have much of an impact on the demand for parking
within the development since the unit has been in existence for quite some time.
Additionally, Staff does not see where there is any room to possibly provide additional
parking on the site. The Commission could require the Applicant to pay cash-in-lieu for the
additional parking space that would be required by the land use code's parking requirements
for the additional unit, which would amount to $30,000. However, Staff believes that
because there really will not be any excess demand for parking since the unit already has
existed in the building for over twenty years, Staff does not believe that the cash-in-lieu
requirement is warranted.
Approvals Contin!!ent Upon Code Amendment:
The land use approvals being sought as part of this application can only be approved
contingent upon the code amendment that the Planning and Zoning Commission reviewed at
the last meeting being finally approved by City Council. Staffhas included this requirement
in proposed resolution.
REFERRAL AGENCY COMMENTS:
The City of Aspen Building Department and the Aspen/Pitkin County Housing Authority
have reviewed the proposal and their comments have been included as conditions or approval
as deemed appropriate.
RECOMMENDATION:
Staff believes that the proposed request to convert the bandit unit into a deed-restricted,
Category 4 rental unit meets the applicable review standards. Staff recommends that the
Planning and Zoning Commission approve the proposed resolution with the conditions or
approval contained therein.
RECOMMENDED MOTION (ALL MOTIONS ARE MADE IN THE AFFIRMATIVE):
"I move to approve Resolution No. , Series of 2006, approving with conditions, the
Lift One Condominiums growth management review for the development of affordable
housing and special review to establish the existing off-street parking as the required
parking to convert the bandit dwelling unit known as Unit 109 into a deed-restricted,
Category 4 affordable housing unit. "
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ATTACHMENTS:
Exhibit A -- Review Criteria and StaffFindings
Exhibit B -- Application
Exhibit C -- Referral Comments
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RESOLUTION NO.
(SERIES OF 2006)
A RESOLUTION OF THE ASPEN PLANNING AND ZONING COMMISSION
APPROVING WITH CONDITIONS, A GROWTH MANAGEMENT REVIEW
FOR THE DEVELOPMENT OF AFFORDABLE HOUSING AND SPECIAL
REVIEW TO ESTABLISH THE PARKING REQUIREMENTS FOR THE
CONVERSION OF UNIT 109 IN THE LIFT ONE CONDOMINIUMS TO A
DEED-RESTRICTED AFFORDABLE HOUSING UNIT, CITY AND TOWNSITE
OF ASPEN, PITKIN COUNTY, COLORADO
WHEREAS, the Community Development Department received an application
from the Lift One Condominium Association, owners, represented by Paul Taddune,
requesting approval of a growth management review for the development of affordable
housing, special review to establish the parking requirements, and a code amendment to
the Lodge Zone District to convert a bandit dwelling unit in the Lift One Condominiums
known as Unit 109 to a deed-restricted affordable housing unit, City and Townsite of
Aspen; and,
WHEREAS, the proposed code amendment to the Lodge Zone District is being
reviewed separately from the other land use actions being reviewed; and,
WHEREAS, pursuant to the applicable sections of the land use code, the
Community Development Director has reviewed the requested land use actions and
recommended approval, with the conditions of approval contained herein; and,
WHEREAS, during a continued public hearing on May 16, 2006, the Planning
and Zoning Commission approved Resolution No. _, Series of 2006, by a _ to
_ C_--.-J vote, approving with conditions, a growth management review for the
development of affordable housing and special review to establish the parking
requirements to convert a bandit dwelling unit in the Lift One Condominiums known as
Unit 109 to a deed-restricted affordable housing unit, City and Townsite of Aspen; and,
WHEREAS, the Aspen Planning and Zoning Commission has reviewed and
considered the development proposal under the applicable provisions of the Municipal Code
as identified herein; and,
WHEREAS, the Planning and Zoning Commission [mds that the development
proposal meets or exceeds all applicable development standards and 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 Planning and Zoning Commission finds that this resolution
furthers and is necessary for the promotion of public health, safety, and welfare.
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NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF ASPEN PLANNING
AND ZONING COMMISSION AS FOLLOWS:
Section 1
Pursuant to the procedures and standards set forth in Title 26 of the Aspen Municipal Code,
the Planning and Zoning Commission hereby approves a growth management review for
the development of affordable housing and special review to establish the parking
requirements to convert a bandit dwelling unit in the Lift One Condominiums known as
Unit 109 to a deed-restricted affordable housing unit, subject to the conditions contained
herein.
Section 2: Affordable Housin!! Unit
The affordable housing unit shall be in compliance with the Aspen/Pitkin County
Housing Authority's Employee Housing Guidelines. The Applicant shall record a deed
restriction classifying the affordable housing unit as a Category 4 unit at the time of
recordation of an amended condominium plat identifying the unit as a legal dwelling unit.
The Condominium Declaration shall also be amended to reflect the unit and shall include
language providing for the potential of the affordable housing unit to become an
ownership unit.
If the Applicant chooses to deed restrict the affordable housing unit as a rental unit, the
Applicant shall convey a 1/10 of a percent, undivided interest in the unit to the
Aspen/Pitkin County Housing Authority in conjunction with recording a deed-restriction
on the affordable housing unit. The affordable housing unit may be deed-restricted as a
rental unit, but the unit shall become an ownership unit at such time as the owners would
request a change to a "for-sale" unit or at such time as the Aspen/Pitkin County Housing
Authority deems the unit to be out of compliance with the rental occupancy requirements
in the Affordable Housing Guidelines for a period of more than year. If the unit is ever
converted to a "for-sale" unit, the unit's homeowners' association dues shall be a
percentage of the free-market residential units' dues equal to the unit's market value
compared to that of the free-market residential units' market value in the complex.
Section 3: Special Review for Off-Street Parkin!!
The off-street parking requirement for the site shall be hereby established as the existing
twenty-two (22) off-street parking spaces.
Section 4: Approval Contin!!ent Upon Code Amendment
The land use approvals granted herein shall be contingent upon City Council's final
adoption of the code amendment to remove the minimum lot area per dwelling unit
requirement that has been applied for in conjunction with the growth management review
and special review associated with this application.
Section 5: Amendment to Condominium Plat and Declaration
As is described in Section 2 above, the Applicant shall record an amended condominium
plat and declaration acknowledging the presence of Unit 109 as a legal dwelling unit.
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Section 6: Upl!rade DwelIinl! Unit Separation
The affordable housing unit's dwelling unit separation shall be upgraded to meet the
requirements of the International Building Code. Compliance with this requirement shall
be reviewed by the City Building Department prior to issuance of a certificate of
occupancy for the unit.
Section 7:
All material representations and commitments made by the applicant pursuant to the
development proposal approvals as herein awarded, whether in public hearing or
documentation presented before the Planning and Zoning Commission, are hereby
incorporated in such plan development approvals and the same shall be complied with as if
fully set forth herein, unless amended by an authorized entity.
Section 8:
This resolution 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 9:
If any section, subsection, sentence, clause, phrase, or portion of this resolution 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.
APPROVED BY the Planning and Zoning Commission of the City of Aspen by a _ to
L-~ vote on this 16th day of May, 2006.
APPROVED AS TO FORM:
PLANNING AND ZONING
COMMISSION:
City Attorney
Jasmine Tygre, Chair
ATTEST:
Jackie Lothian, Deputy City Clerk
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EXHIBIT "A"
Growth Management: Affordable Housing
REVIEW CRITERIA & STAFF FINDINGS
Affordable Housing. The development of affordable housing deed restricted in accordance
with the Aspen/Pitkin County Housing Authority Guidelines shall be approved, approved
with conditions, or denied by the Planning and Zoning Commission based on the following
criteria:
a) Sufficient growth management allotments are available to accommodate the
new units, pursuant to Section 26.470.030. C, Development Ceiling Levels.
Staff Finding
Staff finds that there are enough allotments available for the one proposed affordable housing
unit in that the number of affordable housing units that exist in the community is
approximately 800 units below the development ceiling established in the growth
management section of the land use code. The're is also no annual development limit on
affordable housing units established in the land use code. Staff finds this criterion to be met.
b) The proposed development is consistent with the Aspen Area Community Plan.
Staff Finding
Staff believes that the proposed development is consistent with the Housing goals and
objectives established in the AACP. Specifically, Staff feels that the application is
consistent with the Aspen Area Community Plan (AACP) in that it provides an affordable
housing unit that is in close proximity and within walking distance to the Commercial Core
and Aspen Mountain. Additionally, the proposed affordable housing unit is located within a
free-market residential building that integrates the types of housing as is encouraged in the
AACP's Housing Section. Staff finds this criterion to be met.
c) The proposed units comply with the Guidelines of the Aspen/Pitkin County
Housing Authority. A recommendation from the Aspen/Pitkin County Housing
Authority shall be required for this standard. The Aspen/Pitkin County
Housing Authority may choose to hold a public hearing with the Board of
Directors.
Staff Finding
The Housing Authority has reviewed the proposed unit and indicated that the unit meets the
requirements of the Aspen/Pitkin County Housing Guidelines. Please see the Housing
Authority's referral comments attached as Exhibit "C". Staff finds this criterion to be met.
d) Affordable Housing required for mitigation purposes shall be in the form of
actual newly built units or buy-down units. Off-site units shall be provided
within the City of Aspen city limits. Units outside the city limits may be
accepted as mitigation by the City Counci~ pursuant to 26.470.040.D.2.
Provision of affordable housing through a cash-in-lieu payment shall be at the
discretion of the Planning and Zoning Commission upon a recommendation
from the Aspen/Pitkin County Housing Authority. Required affordable housing
may be provided through a mix of these methods.
Staff Finding
The Applicant is not proposing for this unit to serve as affordable housing mitigation. Staff
finds this criterion not to be applicable.
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e) The proposed units shall be deed restricted as "for sale" units and transferred
to qualified purchasers according to the AspenlPitkin County Housing
Authority Guidelines. In the alternative, rental units may be provided if a legal
instrument, in a form acceptable to the City Attorney, ensures permanent
affordability of the units.
Staff Finding
The proposed affordable housing unit shall be deed restricted as Category 4 rental unit. Staff
has provided a condition of approval in the proposed resolution requiring that the Applicant
deed 1/10 of one percent of the ownership in the unit to the Housing Authority in order to
satisfy the rent control legislation that is in place. Staff has further proposed a condition
requiring that the rental unit be sold through the Affordable Housing Lottery if they are
deemed to be out of compliance with the Housing Authority's occupancy guidelines for more
than one year. Staff finds this criterion to be met.
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Special Review: Off-Street Parking
REVIEW CRITERIA & STAFF FINDINGS
Special Review Standards. A Special Review for establishing, varying, or waiving off-
street parking requirements may be approved, approved with conditions, or denied based on
conformance with the following criteria:
1. The parking needs of the residents, customers, guests, and employees of the
project have been met, taking into account potential uses of the parcel, the
projected traffic generation of the project, any shared parking opportunities,
expected schedule of parking demands, the projected impacts onto the on-street
parking of the neighborhood, the proximity to mass transit routes and the
downtown area, and any special services, such as vans, provided for residents,
guests and employees.
Staff Finding
Staff believes that there will not be an additional impact on the off-street parking demand of
the complex by converting the existing bandit dwelling unit into a deed-restricted affordable
housing unit since the unit has existed on the site since the mid-1970s. Additionally, the
development is within close proximity to the commercial core and Aspen Mountain, reducing
the need for personal transportation. Staff finds this criterion to be met.
2. An on-site parking solution meeting the requirement is practically difficult or
results in an undesirable development scenario.
Staff Finding
Staff does believe that it would be impossible to provide an additional off-street parking
space given that the site has been fully developed. Staff finds this criterion to be met.
3. Existing or planned on-site or off-site parking facilities adequately serve the
needs of the development, including the availability of street parking.
Staff Finding
Staff believes that the existing on-site parking facilities are not really sufficient to serve the
needs of the existing development. That being said, Staff does not believe that the
conversion of the existing bandit dwelling unit to a deed-restricted affordable housing unit
will worsen the situation as was described in Staff's response to review standard No. I
above.
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AGENDA
ASPEN PLANNING AND ZONING COMMISSION
Tuesday, May 16, 2006
4:30 p.m.
Sister Cities Room, City Hall
I. COMMENTS
A. Commissioners
B. Planning Staff
C. Public
II. MINUTES ~~P",k>" ; 04/64./01.; 04j;J/tJi,; a4fe/~)
III. DECLARATION OF CONFLICT OF INTEREST
IV. PUBLIC HEARINGS:
A. Lodge District Code Amendment (cont. from 5/2)- James
Lindt
B. Boomerang Lodge PUD (cont. from 5/2)-Chris Bendon
C. Moses Property, 8040 Greenline Review-Ben Gagnon
V. BOARD REPORTS
VI. ADJOURN
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MEMORANDUM
TO:
Aspen Planning and Zoning Commission
THRU:
Joyce Allgaier, Community Development Deputy Director
FROM:
James Lindt, Senior Planner ~
Code Amendment: Land Use Code Section 26.710.190, Lodge Zone District-
Public Hearing
RE:
DATE:
May 2, 2006
SUMMARY:
The Lift One Condominium Association (known herein as the Applicant), represented by
Paul Taddune, has requested a code amendment to Land Use Code Section 26.710.190,
Lodge Zone District. The code amendment has been sponsored by the Community
Development Staff because Staff had previously proposed a similar code amendment as part
of a larger package of code amendments that were not acted upon by City Council.
The code amendment being requested would amend the lot area per dwelling unit
requirement in the dimensional requirements section of the Lodge Zone District to eliminate
the minimum lot area per dwelling unit for affordable housing units in lodge, multi-family,
and mixed-use developments. The Applicant is requesting the proposed amendment in order
to allow them to legalize a bandit residential unit in the Lift One Condominiums that has
existed since the mid 1970's and deed restrict it as a Category 4 affordable housing unit.
However, Staff' has split up the Planning and Zoning Commission's review of the proposed
code amendment from that of the review of the other land use actions necessary for the
Applicant to legalize the existing unit as the Planning and Zoning Commission has
previously requested that Staff do with code amendments that directly relate to a specific land
use application.
REVIEW PROCESS:
The Planning and Zoning Commission shall be the recommending body to City Council on
the proposed code amendment pursuant to Land Use Code Section 26.310, Amendments to
the Land Use Code and Official Zone District Map.
STAFF COMMENTS:
The existing language that is proposed to be amended reads as follows:
Land Use Code Section 26.7tO.190(D)(2)(a), Lodge Zone District: Minimum Lol
Area per Dwelling Unit.
a. Multi-Family residenlial- 3.000 square feel.
The Applicant's proposed language is as follows:
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Land Use Code Section 26.71O.190(D)(2)(a), Lodge Zone District: Minimum Lot
Area per Dwelling Unit.
a. Multi-Family residential- 3,000 square feet. there shall be no
minimum lot area per dwelling unit requirement for deed restricted
affordable housing units in multi~family residential. lodge. or mixed use
developments.
The Applicant has expressed that they have proposed the code amendment because it would
serve their purpose in allowing them to legalize an existing bandit dwelling unit by
converting it to a deed restricted affordable housing unit. The Applicant has further suggested
that the existing requirement contradicts one of the primary goals of the CitY's infill
initiative, which is to get a greater density of types of development that the community needs
such as affordable housing.
Staff agrees with the Applicant's suggestion that the minimum lot area per dwelling unit
requirement in the Lodge Zone District does contradict one of the underlying ideas of the
City's infill initiative, which was to increase the density of development within the core area
of the City to relieve development pressures on the outskirts of the City. Staff also believes
that the proposed code language is written in such a manner that encourages density of the
affordable housing use, which the community is still in need of.
On the other side of this issue, the minimum lot area per dwelling unit requirement could be
looked at as a limiting factor in dissuading purely residential development in the Lodge Zone
District as was discussed at length during the infill code amendment discussions and favored
by the then City Council. However, Staff believes that the smaller allowable FAR and
shorter height requirements for purely residential development in the Lodge Zone District is a
much more dissuading factor against pure residential development than is the minimum lot
area per dwelling unit requirement. Staff further believes that if a developer is going to
construct a purely residential project despite the strict FAR and height constraints, that it
would be more consistent with the community's goals to encourage a greater density of
smaller units than to encourage fewer large units as the minimum lot area requirement does.
That being the case, Staff believes that there is nothing wrong with the Applicant's proposed
amendment and that it satisfies the review standards for approving a code amendment. Staff
also feels that it would be appropriate to completely remove the minimum lot area per
dwelling unit in its entirety in the Lodge Zone District. Staff has proposed two (2) motions
below. The recommended motion below represents the Applicant's proposed language and
the alternative motion below represents Staff s preference to completely remove the
minimum lot area requirement from the Lodge Zone District.
STAFF RECOMMENDA nON:
Staff recommends approving the alternative motion below, which would remove the
minimum lot area per dwelling unit requirement from the Lodge Zone District in its
entirety. By approving the recommended motion below, the Commission would be
recommending that City Council approve the Applicant's proposed code language. By
approving the alternative motion below, the Planning and Zoning Commission would
be recommending that City Council approve the following language proposed by Staff:
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Land Use Code Section 26.710.190(D)(2)(a), Lodge Zone District: Minimum Lot
Area per Dwelling Unit.
a. No Requirement.
RECOMMENDED MOTION:
"I move to approve Resolution No. aL"J Series of 2006, recommending that City Council
approve the proposed land use code amendments to Land Use Code Section
26.71O.190(D)(2)(a). Lodge Zone District: Minimum Lot Area Per Dwelling Unit. removing
the minimum lot area per dwelling unit for affordable housing units."
ALTERNATIVE MOTION:
"I move to approve Resolution No.oJ9, Series of 2006, recommending that City Council
approve a land use code amendment to Land Use Code Section 26.710.l90(D)(2)(a), Lodge
Zone District: Minimum Lot Area Per Dwelling Unit, removing the minimum lot area
requirement from the Lodge Zone District."
ATTACHMENTS:
Exhibit A -- Review Criteria and Staff Findings
Exhibit B -- Application
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RESOLUTION NO. illq
(SERIES OF 2006)
A RESOLUTION OF THE CITY OF ASPEN PLANNING AND ZONING
COMMISSION RECOMMENDING THAT CITY COUNCIL APPROVE TEXT
AMENDMENTS THAT AMEND MUNICIPAL CODE SECTION
26.710.190(D)(2)(a), LODGE ZONE DISTRICT, TO AMEND THE MINIMUM LOT
AREA PER DWELLING UNIT REQUIREMENTS, CITY OF ASPEN, PITKIN
COUNTY, COLORADO.
WHEREAS, the Lift One Condominium Association represented by Paul
Taddune has proposed an application for an amendment to Title 26, the City of Aspen
Land Use Code to amend Section 26.71O.190(D)(2)(a), Lodge Zone District: Minimum
Lot Area per Dwelling Unit, to allow there to be no minimum lot area per dwelling unit
requirement for the development of deed-restricted affordable housing in the Lodge Zone
District; and,
WHEREAS, the Community Development Director has sponsored the proposed
code amendment to be heard by the Planning and Zoning Commission and City Council;
and,
WHEREAS, pursuant to Sections 26.310.040, the Planning and Zoning
Commission, in accordance with the procedures, standards, and limitations of this
Chapter, shall by resolution recommend that City Council approve, approve with
conditions, or deny a Code Amendment application, after considering a recommendation
by the Community Development Department and taking and considering public
comments; and,
WHEREAS, the Planning and Zoning Commission conducted a public hearing,
considered the recommendation of the Community Development Director and public
testimony on the proposed Code Amendment; and,
WHEREAS, during a public hearing on May 2, 2006, the Planning and Zoning
Commission approved Resolution No.QJj Series of 2006, by a _ to _ L-_)
vote, that the City Council approve the land code amendment to amend Section
26.710.190(D)(2)(a), Lodge Zone District: Minimum Lot Area per Dwelling Unit, to
allow there to be no minimwn lot area per dwelling unit requirement for the development
of deed-restricted affordable housing in the Lodge Zone District; and,
WHEREAS, the Planning and Zoning Commission finds that the Code Amendment
proposal meets or exceeds all applicable amendment standards and that the approval of the
Code Amendment, is consistent with the goals and elements of the Aspen Area Community
Plan; and,
WHEREAS, the Aspen Planning and Zoning Commission finds that this Resolution
furthers and is necessary for the promotion of public health, safety, and welfare.
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NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF ASPEN
PLANNING AND ZONING COMMISSION as follows:
Section 1:
Pursuant to the procedures and standards set forth in Title 26 of the Aspen Municipal Code,
the Planning and Zoning Commission hereby recommends that City Council approved the
requested land use code amendment to Land Use Code Section 26.710.190(D)(2)(a),
Lodge Zone District: Minimum Lot Area per Dwelling Unit, to allow there to be no
minimum lot area per dwelling unit requirement for the development of deed-restricted
affordable housing units in the Lodge Zone District, as is noted in the following sections:
Section 2:
Section 26.71 0.190(D)(2)(a), Lodge Zone District: Minimum Lot Area per Dwelling Unit,
of the Aspen Municipal Code shall be amended to read as follows:
Section 26.710.190(D)(2)(a), Minimum Lot Area per Dwellinl!: Unit
a. Multi-Family residential- 3,000 square feet. When the development is
residential, there is no minimwn requirement for an aflordable housing
unit.
Section 3:
All material representations and commitments made by the applicant pursuant to the Code
Amendment approvals as herein awarded, whether in public hearing or documentation
presented before the Plmming and Zoning Commission or City Council, are hereby
incorporated in such Code Amendment approvals and the same shall be complied with as if
fully set forth herein, unless amended by an authorized entity.
Section 4:
This Resolution 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 5:
If any section, subsection, sentence, clause, phrase, or portion of this Resolution 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 aflect the
validity of the remaining portions thereof.
Approved by the Commission at its regular meeting on May 2, 2006.
APPROVED AS TO FORM:
PLANNING AND ZONING COMMISSION:
City Attorney
Jasmine Tygre, Chair
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ATTEST:
Jackie Lothian, Deputy City Clerk
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EXHIBIT A
AMENDMENT TO THE LAND USE CODE
REVIEW CRITERIA & STAFF FINDINGS
Section 26.310.040, Text Amendment Standards of Review
In reviewing an amendment to the official zone district map, the City Council and the
Commission shall consider:
A. Whether the proposed amendment is in conflict with any applicable portions
of this title.
Statr Finding:
Staff does not believe the proposed code amendments are in conflict with any applicable
portions of this title or the Municipal Code. Staff finds this criterion to be met.
B. Whether the proposed amendment is consistent with all elements of the
Aspen Area Comprehensive Plan.
Staff Finding:
Staff does not believe that the proposed amendments are in conflict with the Aspen Area
Community Plan. Staff feels that the proposed amendment and Staffs suggested language
are both consistent with the goals and objectives of the AACP. The AACP section on
managing growth encourages the community to discourage sprawl. The AACP section on
managing growth further states that the City will accept greater density of development to
relieve the development pressure in the County and outside of the Urban Growth Boundary.
Staff believes that both the Applicant's proposed language and Staff s suggested language
encourage greater density of development and the existing code language to be amended or
removed is a hindrance to greater density. Staff finds this criterion to be met.
C. Whether the proposed amendment is compatible with surrounding zone
districts and land uses, considering existing land use and neighborhood
characteristics.
D. The effect of the proposed amendment on traffic generation and road safety.
Staff Finding:
These two criteria apply to rezoning applications and do not apply to this text amendment.
E. Whether and the extent to which the proposed amendment would result in
demands on public facilities, and whether and the extent to which the
proposed amendment would exceed the capacity of such facilities, including,
but not limited to, transportation facilities, sewage facilities, water supply,
parks, drainage, schools, and emergency medical facilities.
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StafI Finding:
This criterion applies to rezoning applications and does not apply to this text amendment.
F. Whether and the extent to which the proposed amendment would result in
significant adverse impacts on the natural environment.
StafI Finding:
Staff does not feel that the proposed code amendments will result in adverse impacts on the
natural environment. Staff finds this criterion to be met.
G. Whether the proposed amendment is consistent and compatible with the
community character in the City of Aspen.
StafI Finding:
As was described in Staffs response to review Standard B above, the AACP encourages
greater density to take development pressure off of the County. Staff believes that both the
Applicant's proposed language and Staffs suggested language are consistent with
community character of Aspen. Staff finds this criterion to be met.
H. Whether there have been changed conditions affecting the subject parcel or
the surrounding neighborhood which support the proposed amendment.
Staff Finding:
This criterion applies to rezoning applications and does not apply to this text amendment.
l. Whether the proposed amendment would be in conflict with the public
interest, and is in harmony with the purpose and intent of this title.
Staff Finding:
Staff feels that the proposed code amendment will not be in conflict with public interest.
Staff believes that the proposed code amendment is consistent with the Community's stated
goals in the Aspen Area Community Plan. Staff finds this criterion to be met.
5
LAW OFFICES OF
PAULJ. TADDUNE,P.C.
0h,b/1 \\fjll
PAULJ. TADDUNE
AFFILIATED OFFICE
323 WEST MAIN STREET, SUITE 301
ASPEN, COLORADO 81611
TELEPHONE (970) 925-9190
TELEFAX (970) 925-9199
INTERNET: taddune@compuserve.com
FOWLER, SCH1MBERG & FLANAGAN, P.c.
1640 GRANT STREET, SUITE 300
DENVER, COLORADO 80203
TELEPHONE (303) 298-S603
TELEFAX (303) 298-8748
WILLIAM GUEST, OF COUNSEL
February 13, 2006
City of Aspen Community Development
Attn: James Lindt, Senior Planner
130 South Galena Street, Third Floor
Aspen, CO 81611
Re: Lift One Condominiums:
. Exemption from Growth Management for Creation of Affordable Housing Unit
. Exemption from Subdivision for Condominium Plat Modification
. Code Amendment to Remove the Density Requirement in the Lodge District for Affordable
Housing Unit
Dear Mr. Lindt:
Please accept this letter and the enclosed materials as an application by Lift One
Condominium Association, Inc. (the "Association") for exemption from growth management for
the creation ofa rental affordable condominium housing unit, to be known as Unit 109, Lift One
Condominiums, 131 East Durant Avenue, Aspen, Colorado 81611.
In connection with the creation of an affordable housing unit, this application also
requests an exemption from subdivision procedures for a supplemental modification to the
Condominium Map to depict the new unit, confirmation that no additional parking will be
required for the new unit and a code amendment to delete the current requirement for a 3,000
square foot minimum lot area per dwelling unit as it may pertain to affordable housing. The
Condominium Map for Lift One Condominiums was recorded on November 17, 1972 in Book 4,
Page 312, Pitkin County real estate records. Reduced copies are enclosed for easy reference.
Unit 110, Lift One Condominiums, as identified on the Condominium Map, is currently owned
by the Association.
The Association proposes to divide Unit 110 into 2 units, thereby creating Unit 109 for
the purpose of restricting the new Unit 109 to affordable housing. The Lift One Condominium
project was created by a condominium map filed on November 17, 1972, long before the
implementation of a sophisticated City zoning regimen, Unit 110 was divided into two separate
units shortly after the condominium map was filed, but the map was not amended. The
Association desires to establish one half of Unit 110 as a rental affordable housing condominium
ri~"~
City of Aspen Community Development
Attn: James Lindt, Senior Plalmer
February 13, 2006
Page 2
unit for use primarily by employees of the Lift One Condominiums who meet the qualifications
of Category 4 and below, if appropriate.
Unit 109 will comprise a ~Xbedroom unit, as generally depicted on the floor plan
attached hereto.
This application is submitted pursuant to Section 26.304 (i.e. common procedures),
Section 26.470.040C.7 (i.e. affordable housing exemption) and Section 26.480.090 (i.e.
amendment to condominium map).
Submitted herewith are an original and 30 copies of the following:
1. Agreement for Payment of City of Aspen Development Application Fees.
2. Land Use Application.
3. City of Aspen Pre-Application Conference Summary.
4. Copy of Stewart Title Company's Commitment (tbd) demonstrating the Association's
ownership of common Unit 110.
5. Proposed revised condominium map generally showing eXlstmg floor plan and
proposed floor plan. A precise survey depiction will be available by the date of the
Planning and Zoning Commission hearing to become a part of the application.
6. Owner's authorization.
The information required by Se~tion 26.470.240C.7 is as follows:
(a) sufficient growth management allotments are available to accommodate the
segregation of appropriate living space from Unit 110 to create an employee unit to be known as
Unit 109, Lift One Condominiums;
(b) the proposed development is consistent with the Aspen Area Community Plan,
because an affordable housing condominium unit will be provided;
(c) the proposed affordable housing condominium unit will comply with the
guidelines of the Aspen/Pitkin County Housing Authority, A recommendation from the
Aspen/Pitkin County Housing Authority will be provided after this application is accepted,
together with a proposed lease and deed restriction;
......-..,.
r-,
~
City of Aspen Community Development
Attn: James Lindt, Senior Planner
February 13, 2006
Page 3
(d) Subparagraph (d) is not applicable because this application is unrelated to any
independent developmeut application; and
(e) the proposed affordable housing condominium unit will be restricted to
comply with the City of Aspen requirements.
The Association also requests an amendment to the Land Use Code to exempt an
affordable housing unit in the Lodge District from the minimum 3,000 square feet per unit
requirement, generally along the lines requested by staff in the code amendment ordinance
proposed by staff to the City Council on January 9, 2006. Staffs proposed ordinance has been
tabled, The Association proposes that Section 26.710.190 Paragraph 2(a) be amended to read as
follows:
"2. Minimum Lot Area Per Dwelling Unit (Square Feet)
Multi-family Residential. When the dcvelopment is residential, there is no
minimum requirement for an affordable housing unit in a mixed use or lodging
development."
Also enclosed herewith is the Association's check in the amount of $1,510.00 as the
initial fee, a list of adjacent property owners within 300 feet and a CD with all pertinent
documents.
If you need any additional information, please feel free to contact me.
Very truly yours,
PAULJ. TADDUNE,P.C.
c::___~~__
- ~l
Paul J. Taddune
P JT:nwt
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T-690 P002/002 F-462
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cITY OF ASPEN COMM4NfTY DEVELOPMENT DEPARTMENT
CITY OF A.SPEN (h~ CiTY) ond
a.e'.........tl\lr'P..~'~((:it".O'fA"".., ~clonm.., A<>nllti\li<>\1l'o"
Lift QQ~ C~~nium A.5oci~tioh, ~~C.
(hereinafter MPUCA.NT) AGREE AS POl1.0WS;
1, M'P.LfCANT bllS S1lbmitt...! II) CITY an "I'pliClltion fOi' Exempt'ion <nUll ~QS and
S.nh~1"\,"1 tt.{i"'In t-l'I ~....tSA+~ IIII..fTr't,..nAh1..... \)....~,-l)~ 1':19" "nit' nt.l
(_....0;_. 'mE PROJECi),
<. APPLICANT un&~ wd ~'" th'll Clly or Aspen O,din.nee No, 57 (Ser'es of
2000) estilbliohcs " 1l:e $tn1Ct\ll'O for L~d ~ lII>l'lical.iollS and !he P'lJlmoot of oJl p=iltg f_ .. .
condition P~llo. doil>t1l1in=\<ro of.p~_ """'1>1_....
3. APPLICANT - crrY~tha1 ~o oflhe ;;.... nlllUre or scopo .flhe ~
project. it j, oO(.pemblo al1his lime to -onain t:he- full ~ of tho ooS", illvolvod in pr<>c...-!ng tho
.~li<>ari""., API'LICil.NT ..d CITY :furlhor agree: xhot ilis in th<> i=~( of Iho panies that APPLICANT
mal:e jlIl}'ml!nt of till ;nlliaI deposit ""..\0 'llIorea&r l"*mit >rddJtJonalc:l>t$ In be biOed to APPUCANr 00
· momlll)' -- AP.f>UCAN'l'.~ ~ = may accrue follnwinil tJtcit Maring' llndio,
approvlll', APl'L!C/l.N;), 11$l""'" bo "'ill b;,"b-St6d 'by "'Orining ~ eMir iiqUidity an<! will .mike
oddition'" po.ym."to ul'Oo uoililca"n" bJI'1\l<l CITY wh.e.. lhoy'",,, ~ "" cO,tt;, ar. in<:<>mld. CITY
~ ~ will 'be ~omtlM ~ tbc ~ ~\l' <If """"lIering its full = io pro=
APPLlCANr'S llJlplltlltiOll,
'. CITY .00 APPLICA.NT'~erw... .tlt", n is lmpr.:<olioall!. fur CITY ot.!l'to COmpl"",
I"ooe.ssu.g 01: ~! ,ut!i<hlnt ir.>.iOnne:D.Oll U),\hI> 'l'llltlllUlt.Co>nmisaion ""dlor City eov.nil to M""'~ fuc
PbMiag Comtnl>sJ6<> IuJ4!OT Cl1y Co\UNil co fDl>k" lo@.lly "'qui=! fillOi"l!" fu< projOOl co."de"",...
\lO ""'" c"",om billing< llre paid in :lUll prior tQ docMOJi.
s. rhorttfuie, Al'l"UCANT~ fhn,;'; """"iderdliol1 afthe CITY', wowor ofjn:<1sht1o
<011"'" full re.. I>riOI p, · d01O~" Qf'lll'P1lcIlli0f1 ~tbu>AeilS, APPLICANT shall l"IY. 011 iilllitl
d"POslt ill tllC -""Otlll! of h R 1" n<l'lllfl::h Is.lllr !t<>lif< of Community D<>"olopmcOt smff
u.,.. ll1l~ it. atlUBl ~ .~ ""ceed ,iwlMiaJ d"P..ii; APPwCANT """'1 PlIY .<Ul!li<>nAl _n!hl)'
blllil)g. ro CITY to .-..Ii'ilhm; 1b'O CJTY fut tho p""''''''in! o:t 1I>e sppliootion mentioned 01;0",,- iMludlllg
jlOlll ewroval ",vlt<w ~t.. ""'" of,Uzll.oo pol" 1"""0.' ""ur OVor the hllfjo1 dtl'05h. Sueh pdribdi. paym.."
ahcll be modt \Nilbin 30 daY9 of ilII> billing 4ato, APPLICANT f"<lb... osr= thin fuHuctl to pay sucl\
ocotlled eost< llhoI! bo gro\Jttdg foe suspl:l>&i<>n of ~i"$> Ol>d in 00 = will bulidinf pennl!.! b. o..llOd
utTtil all cas:rs ~oci.atcd' with ease p~ ~c been pajd.
CITY Off ASfEN
.Il,;
Chi.. Roorl<>l>
C<>n""n..tty D...lull'" e.ot Dlrettor
Al>,l>L1CANT
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ltr' - .A.. 'X'- l.. u
~a~'t, ;/7, ~o ~
BIU!eg ddr".. ""d T .'.ph.... Numb.r;
Reoubtld
131 'last. Durant Avenue
Asl""'1. CO 8lSU
Te~phone: 970-925-1670
~;\suppo~t\rrmns",gtl>ay..s.do<
1I13a1ii'
Received Time .Jan.27, 12:43PM
""......
...
.....-.,....-
ATTACHMENT 2-LAND USE APPLICATION
APPLICANT:
Name:
Lift One Condominium Association, Inc.
Location:
131 East Durant Avenue, Aspen, CO 81611
(Indicate street address, lot & block number, legal description where appropriate)
273513110025
Parcel ill # (REQUIRED)
REPRESENT A TIYE:
Name:
Paul J, Taddune
Address:
Phone #:
323 West Main Street, Suite 301, Aspen, CO 81611
970-925-9190
PROJECT:
Name:
Lift One Condominium Association
Address:
131 East Durant Avenue, Aspen, CO 81611
Phone #: 970-925-1670
TYPE OF APPLICATION: (please check all that apply):
0 Conditional Use 0 Conceptual POO 0 Conceptual Historic Devt.
[i] Special Review (p ar king) 0 Final POO (& PUD Amendment) 0 Final Historic Development
0 Design Review Appeal 0 Conceptual SPA 0 Minor Historic Devt.
0 GMQS Allotment 0 Final SPA (& SPA Amendment) 0 Historic Demolition
lXJ GMQS Exemption 0 Subdivision 0 Historic Designation
0 ESA - 8040 Greenline, Stream [X] Subdivision Exemption (includes 0 Small Lodge Conversion!
Margin, Hallam Lake Bluff, condominiumization) Expansion
Mountain View Plmle
0 Lot Split 0 Temporary Use [X] Other: Code Amendment
0 Lot Line Adjustment 0 TextlMap Amendment
EXISTING CONDITIONS: (description of existing buildings, uses, previous approvals, etc.) The Lift One Condominiums
rrnjprr WAS r.YPnted bv a condominium map filed of record on November 17, 1972 at
Book 4, PaGe 315 Pitkin County real estate records
PROPOSAL: (description of proposed buildings, uses, modifications. etc.) Create an affordable housing unit,
Unit 109, that is currently a part of Unit 110
Have you attached the following? FEES DUE: $
o Pre-Application Conference Summary
o Attachment #1, Signed Fee Agreement
o Response to Attachment #3, Dimensional Requirements Form
o Response to Attachment #4, Submittal Requirements- Including Written Responses to Review Standards
All plans that are larger than 8.5" x 11" must be folded and a floppy disk with an electronic copy of all written
text (Microsoft Word Fonnat) must be submitted as part of the application.
""'''
,
"........
"0".....'
CITY OF ASPEN
PRE-APPLICATION CONFERENCE SUMMARY
PLANNER:
PROJECT:
REPRESENTATIVE
OWNER:
TYPE OF APPLICATION:
James Lindt, 429-2763 DA TE: 1/6/06
Lift One Condominiums- Legalize Bandit Unit
Paul Taddune
Lift One Condominium Association
Growth Management Review for the Development of Affordable Housing, Amendment to
Condominium Plat. Possible Special Review to establish Parking Requirements
As was discussed during the pre-application conference, the Lift One
Condominium Association would like to legalize a bandit unit that has likely
existed since the ] 970s and malce it a deed restricted affordable housing lU1it. In
order to do so, the Applicant requires growth management review for the
development of a new affordable housing unit pursuant to Land Use Code Section
26.470,040(C)(7)
DESCRIPTION:
Special Review approval may be necessary to establish the pmking requirement
for the site as what currently exists if there are not enough pmking spaces existing
on the site to satisfy the parking requirements in the land use code for the existing
free-market units and the proposed affordable housing unit. If the unit is
legalized, an amended condominium plat should be filed to represent that the unit
exists. Additionally, the 'Building Depmtment may require that the unit be
brought into compliance with certain building code requirements,
A code amendment will also be necessary to removc the density requirement in the
Lodge District for affordable housing units. This is needed because the building is
already non-conforming related to the minimum lot area per dwelling uuit
requirement that is in the code. Staff will sponsor the code amcndment request as
is needed to change a zone district.
Applicable Code Sections:
26.304 Common Development Review Procedures
26.310 Amendments to the Land Use Code and Official Zone District Map
26.470.040(C)(7) Growth Management Review for Affordable Housing
26.480.090 Amendment to Condominium Plat
26.515 Off-Street Parking
26.710.190 Lodge (L) Zone District
Review by:
Staff for complete application, referral agencies for technical considerations (HOUSing), Planning
and Zoning Commission for review of the growth management and special review for parking
requests. City Council will review the code amendment after considering a recolllmendation
hOIll the Planning and Zoning Commission. The Community Development Director may
approve an amended condominium plat if the Planning and Zoning Commission approves the
growth management review to legalize the unit.
Yes at P & Z and at 2nd Reading of the Code Amendment Ordinance.
$1320 Deposit for 6 hours of stafftime (additional stafffime required is billed at $220 per hour)
$190
$1510
Public Hearing:
Planning Fees:
Referral Agency Fees:
Total Deposit:
To apply, submit the following information:
1, Total Deposit for review of application.
2. Completed Land Use Application,
,.,.'"
,
...
"
3. Completed Dimensional Requirements Form (Attachment 2 in Land Use Application Packet),
4, Applicant's name, address and telephone number, contained within a letter signed by tbe applicant
stating the name, address, and telephone number of the representative authorized to act on behalf of the
applicant.
5. Signed fee agreement.
6. Pre-application Conference Summary.
7. An 8 1/2" x ] 1" vicinity map locating the subject parcels within the City of Aspen,
8. Proof of ownership.
9. Site plan or site improvement survey showing parking configuration.
10. Floor plans of unit to be legalized.
11. A written description of the proposal and a written explanation of how a proposed development
complies with the review standards relevant to the development application. This should include tbe
proposed code amendment language,
30 Copies of the complete application packet (items 2-10)
12. List of adjacent property owners within 300' for public hearing, The GIS department can provide this list on
mailing labels for a small fee. 920,5453
] 3. Copies of prior approvals,
14. Applications shall be provided in paper format (number of copies noted above) as well as the text only on either
of the following digital formats. Compact Disk (CD)'preferred, Zip Disk or Floppy Disk. Microsoft Word
format is preferred. Text format easily convel1ible to Word is acceptable,
Process:
Apply. Planner will then check the application for completeness. Application is referred to applicable referral qgencies and the
Applicant is given a public hearing date by Stqff Staff writes a memo of recommendation. Planning and Zoning Commission reviews
case and makes a final cleterrnination on the growth management review and special review for parking at a public hearing. City
Council makes determination on code amendment request after considering a recommendation from the Planning and Zoning
Commission.
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 mayor may not be accurate. The sllmmary does 110t create a legal
or vested right.
'.. ."'
"...,..,'
American Land Title Association Commitment - 1982
TITLE INSURANCE COMMITMENT
BY
stewart,
(ill", gll"J.:;lr;:miy
Order Number:
44498-C2
We agree to issue policy to you according to the terms of the Commitment. When we show the policy
amount and your name as the proposed insured in Schedule A, this Commitment becomes effective as of
the Commitment Date shown in Schedule A
If the Requirements shown in this Commitment have not been met within six months after the
Commitment Date, our obligation under this Commitment will end. Also, our obligation under this
Commitment will end when the Policy is issued and tben our obligation to you will be under the Policy.
Our obligation under this Commitment is limited by the following:
The Provisions in Schedule A
The Requirements in Schedule B-1.
The Exceptions in Schedule B,II,
The Conditions on Page 2.
This Commitment is not valid without SCHEDULE A and Sections I and II of SCHEDULE B,
IN WITNESS WHEREOF, Stewart Title Guaranty Company has caused its corporate name and seal to
be hereunto affixed by its duly authorized officers on the date shown in Schedule A.
stewart
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Countersigned:
~-,-~
Stewart Title of Colorado, Inc. - Aspen Division
620 East Hopkins Avenue
l\Spen,CO 81611
(970) 925-3577
Order Number: 44498-C2
Paoe I of2 Commitment-235 WiO Disclosure
..
,-
-
CONDITIONS
1. DEFINITIONS
(a) "Mortgage" means mortgage, deed of trust or other security instrument. (b) "Public Records"
means title records that five constructive notice of matters affecting your title - according to the
state statutes where your land is located.
2. LATER DEFECTS
The Exceptions in Schedule B - Section II may be amended to show any defects, liens or
encumbrances that appear for the first time in the public records or are created or attached between
the Commitment Date and the date on which all of the Requirements (a) and (c) of Schedule B _
Section I are met. We shall have no liability to you becanse of this amendment.
3. EXISTING DEFECTS
If any defects, liens or encumbrances existing at Commitment Date are not shown in Schedule B, we
may amend Schedule B to shown them. If we do amend Schedule B to show these defects, liens or
encumbrances, we shall be liable to you according to Paragraph 4 below unless you knew of this
information and did not tell us about it in writing,
4. LIMITATION OF LIABILITY
Our only obligation is to issue to you the policy referred to in this Commitment when you have met
its Requirements. If we have any liability to you for any loss you incur because of an error in this
Commitment, our liability will be limited to your actual loss caused by your relying on this
Commitment when you acted in good faith to:
Comply with the Requirements shown in Schedule B - Section I.
or
Eliminate with our written consent any Exceptions shown in Schedule B '- Section II.
We shall not be liable for more than the Policy Amount shown in Schedule A of this Commitment
and our liability is subject to the terms of the Policy form to be issued to you.
5, CLAIMS MUST BE BASED ON THIS COMMITMENT
Any claim whether or not based on negligence, which you may have against us concerning the title
to the land must be based on this Commitment
II
Order Nnmber: 44498-C2
Page 2 of2 Commitment- 235 W/O Disclosure
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COMMITMENT FOR TITLE INSURANCE
SCHEDULE A
Effective Date: December 16, 2005 at 7:30 a,m, Order Number: 44498-C2
2, Policy or Policies To Be Issued:
(X) ALTA (1992) Owner's Policy
Amount:
TOBE
DETERMINED
( X ) Standard ( ) Extended
Premium:
Proposed Insured: To Be Determined
( ) ALT A ] 992 Loan Policy
( ) Standard ( ) Extended
AmOllilt:
Premium:
3. The estate or interest in the land described or referred to in this Commitment and covered herein is:
Fee Simple
4. Title to the estate or interest in said land is at the effective date hereof vested in:
Lift One Condominium Association, Inc., a corporation duly organized and existing under and by
virtue of the laws of the State of Colorado.
5. The land referred to in this Commitment is described as follows.
Condominium Unit 110, LIFT ONE CONDOMINIUMS, according to the Condominium Map
thereof, recorded November 17, 1972 in Plat Book 4 at Page 312 as Reception No. 155370, and as
further defincd and described in the Condominium Declaration for Lift One Condominiums,
recorded November 17, 1972 in Book 268 at Page 921 as Reception No. 155369.
County of Pitkin, Statc of Colorado
Statemcnt of Charges
Policy premiums shown above, and
any charges shown below are due and
payable before a policy can be issued.
To Be Determined
Examiner Name: Chuck Dorn
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SCHEDULE B - Section 1
REQUIREMENTS
Order Number: 44498-C2
The following are the requirements to be complied with:
Item (a) Payment to or for the account of the grantors or mortgagors of the full
consideration for the estate or interest to be insured.
Item (b) Proper instrument(s) creating the estate or interest to be insured must be executed
and duly filed for record, to wit:
1. Release of Deed of Trust
Dated: September 22,1988,
Exccuted by: Lift One Condominium Association, Inc., a Colorado non-profit
corporation,
to the Public Trustee of Pitkin County, to secure an indebtedness
in the amount of: $168,000.00,
in favor of: Sun Savings & Loan Association,
Recorded: September 22, 1988 in Book 573 at Page 868
as Reception No.: 304199.
NOTE: The beneficial interest under said Deed of Trust was assigned of record to State
Street Bank and Trust Company, as Trustee by Federal Deposit Insurance Corporation, as
Conservator recorded August 14, 1998 as Reception No. 420715.
2, Certificate ofIncorporation or Certificate of Good Standing of Lift One Condominium
Association, Inc., a Colorado non-profit corporation, issued by the Secretary of State of
Colorado.
3. Evidence satisfactory to Stewart Title Guaranty Company, nlrnished by the Office of the
Director of Finance, City of Aspen, that the following taxes have been paid, or that
conveyance is exempt from said taxes:
(I) The "Wheeler Real Estate Transfer Tax" pursuant to Ordinance No. 20 (Series of 1979)
and (2) The "Housing Real Estate Transfer Tax" pursuant to Ordinance No. 13 (Series of
1990).
4, Certificate from the management group evidencing the fact that all Condominium expenses
have been paid pursuant to Paragraph No. 26 of the Condominium Declaration.
5. lndemnity and Affidavit as to Debts, Liens and Leases, duly executed by the seller and buyer
and approved by Stewart Title of Aspen, lnc,
6. Deed from vested owner, vesting fee simple title in purchascr(s).
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SCHEDULE B - Section 2
EXCEPTIONS
Order Number: 44498-C2
The policy or policies to be issued will contain exceptions to the following unless the same
are disposed of to the satisfaction ofthe Company:
1. Rights or claims of 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 facts
which a correct survey and inspection ofthe premises would disclose and which are not
shown by the public records.
4. Any lien, or right to a lien, for services, labor or material heretofore or hereafter furnished,
imposed by law and not shown by the public records.
5. Defects, liens, encumbrances, adverse claims or other matters, if any, created, first appearing
in the puhlic records or attaching subsequent to the effective 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.
6. Unpatented mining claims; reservations or exceptions in patents, or an act authorizing the
issuance thereof; water rights, claims or title to water.
7. Any and all unpaid taxes and assessments and any unredeemed tax sales.
The effect of inclusions in any general or specific water conservancy, fire protection, soil
conservation or other district or inclusion in any water service or street improvement arca,
8, Right of the proprietor of a vein or lode to extract and remove his ore therefrom, should the
same be found to penetrate or intersect the premises hereby granted, as reserved in United
States Patent recorded August 26, 1949 in Book 175 at Page 298 as Reception No. 96929.
9. Terms, conditions, restrictions and obligations as set forth in the Condominium Declaration
for Lift One Condominiums, recorded November 17, 1972 in Book 268 at Page 921 at
Reception No. 155369.
10. Easements, rights of way and other matters as shown and contained on Condominium Map of
Lift One Condominiums recorded November 17, 1972 in Plat Book 4 at Page 312 as
Reception No. 155370
.
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Any and all unpaid taxes and assessments and any unredeemed tax sales,
The effect of inclusions in any general or specific water conservancy, fire protection, soil
conservation or other district or inclusion in any water service or street improvement area.
.
.
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DISCLOSURES
Pursuant to C.R.S, 10,11-122, notice is hereby given that:
A. The subject real property may be located in a Special Taxing District;
B, A Certificate of Taxes due listing each taxing jurisdiction shall be obtained form the County Treasurer or the County
Treasurer's authorized agent;
C. Information regarding Special Districts and the boundaries of such districts may be obtained from the Board of
County Commissioners, the County Clerk and Recorder, or the County Assessor.
Note: Colorado Division of Insurance Regulations 3-5-1, Paragraph C of Article VII requires that "Every title entity
shall be responsible for all matters which appear of record prior to the time ofrecording whenever the title entity
conducts the closing and is responsible for recording or filing of legal documents resulting from the transaction
which was closed." Provided that Stewart Title of Colorado, luc. - Aspen Division conducts the closing of the
insured transaction and is responsible for recording the legal documents from the transaction, exception number 5
will not appear on the Owner's Title Policy and the Lender's Title Policy when issued.
Note: Affirmative Mechanic's Lien Protection for the Owner'may be available (typically by deletion of Exception No, 4
of Schedule B, Section 2 of the Commitment form the Owner's Policy to be issued) upon compliance with the
following conditions:
A. The land described in Schedule A of this commitment must be a single family residence, which includes a
condominium or townhouse unit.
B. No labor or materials have been furnished by lnechanics or materialmen for purposes of construction on the
land described in Schedule A of this Commitment within the past 6 months.
C. The Company must receive an appropriate affidavit indemnifying the Company against unfiled mechanic's.
and materialmen's liens.
D, The Company must receive payment of the appropriate premium.
E. If there has been construction, improvements or major repairs undertaken on the property to be purchased,
within six months prior to the Date of Connnitment, the requirements to obtain coverage for unrecorded
liens will include: disclosure of certain construction information; financial information as to the seller, the
builder and/or the contractor; payment of the appropriate premium; fully executed Indemnity agreements
satisfactory to the company; and, any additional requirements as may be necessary after an examination of
the aforesaid information by the Company,
No coverage will be given under any circumstances for labor or material for which the insured has contracted for or
agreed to pay.
NOTHING HEREIN CONTAINED WILL BE DEEMED TO OBLIGATE THE COMPANY TO PROVDE ANY
OF THE COVERAGES REFERRED TO HEREIN UNLESS THE ABOVE CONDITIONS ARE FULLY
SATISFIED.
File Number: o..!4498-C2
Stcwmt Title ofCnJorado, Inc. - Aspen Division
Disclosures
Page I of 1
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PRIVACY POLICY NOTICE
PURPOSE OF THIS NOTICE
Title V ofthe Oramm-Leach-Bliley Act (OLBA) generally prohibits any financial institution, directly
or through its affiliates, from sharing nonpublic personal information about you with a nonaffiliated
third party unless the institution provides you with a notice of its privacy policies and practices, such
as the type of information that it collects about you and the categories of persons or entities to whom
it may be disclosed, In compliance with the OLBA, we are providing you with this document, which
notifies you of the privacy policies and practices of Stewart Title of Colorado, Inc. _ Aspen
Division and Stewart Tille Gnaranty Company
We may collect nonpublic personal information about you from the following sources:
. InfOlmation we receive from you, such as on applications or other forms.
. Infonnation about yonT transactions we secure from our files, or from OUT affiliates or others.
. Infonnation we receive from a consumer reporting agency.
. Information that we receive from others involved in your transaction, such as the real estate
agent or lender.
Unless it is specifically stated otherwise in an amended Privacy Policy Notice, no additional
nonpublic personal information wilJ be collected about you.
We may disclose any of the above information that we collect about our cllstomers or former
customers to our affiliates or to nonaffiliated third parties as pennitted by law,
We also may disclose this information about our customers or fonner customers to the following
types of nonaffiliated companies that perfonn marketing services on our behalf or with whom we have
joint marketing agreements:
. Financial service providers such as companIes engaged in banking, consumer finance,
securities and insurance.
. Non-financial companies such as envelope stuffers and other fulfillment service providers.
WE DO NOT DISCLOSE ANY NONPUBLlC PERSONAL INFORMATION ABOUT YOU WITH
ANYONE FOR ANY PURPOSE THAT IS NOT SPEClFICALL Y PERMITTED BY LAW.
We restrict access to nonpublic personal infonnation about you to those employees who need to know
that information in order to provide products or services to you. We maintain physical, electronic,
and procedural safegnards that comply with federal regulations to guard your nonpublic personal
information.
File Numbec 44498-C2
Stewart Titlc of Colorado, Inc. - A~pCll Division
Privacy Policy Notice
Page I of I
01/24/2005 04:23
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CAROLE BERHORST
PAGE 02/02
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LIFT ONE CONDOMINIUM ASSOCIATION, INC.
131 EAST DURANT AVENUE
ASPEN, COLORADO 81'611
(970) 925~1670
JanllftIY 25, 2006
City of Aspen Community Development Department
130 South Galena 'Street, Third Floor
Aspen, CO 81611
Re: Lift One Condominiums:
. Exemption from OroVv'th Management for Creation of Affordable Housing Unit
. Exemption from Subdivision for Condominium Plat Modifics.tion
Special Review for Parking Requirements
. Code Amendment to Remove the Densi1y Requirement in the Lodge District for
Affordable Housing Unit
To Whom-It May Concern:
Please ancept this letter as authorization forthe submission of an application for exemption from
growth m"""&'lllent furtbe creation of an affurdable condomicium housing unit as setforth in the letter-from
Paul J. Tadd1l!le dated as of January 2S, 2006, on behalf ofilie Lift One Condominium Association, Inc.
The submisSion ofilie application has been ":{,thorized by the Board ofManagers and the Memb=hip of
the Lift One Condominium Association, Inc. Mr~ Tadd1l!le is authorized to represent the Association with
regard to this application.
Very truly yours,
LIFT ONE CONbOMlNIUMASSOClATION, INC.
7 'clReceivedTime Jan24 3:52PM
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AFFIDAVIT OF PUBLIC NOTICE
REQUIRED BY SECTION 26.304.060 (E), ASPEN LAND USE CODE
SCHEDULED PUBLIC HEARING DATE:
200_
ADDRESS OF PROPERTY:
STATE OF COLORADO )
) SS.
County of Pitkin )
I,~VV1 i"? S I l \. . {; j- (name, please print)
being or representing an Applicant to ~ity of Aspen, Colorado, hereby personally
certify that I have complied with the public notice requirements of Section 26.304.060
(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 at least fifteen (15)
days prior to the public hearing. A copy of the publication is attached hereto.
_ Posting of notice: By posting of notice, which form was obtained from the
Community Development Department, which was made of suitable,
waterproof materials, which was not less than twenty-two (22) inches wide
and twenty-six (26) inches high, and which was composed ofletters n4t
less than one inch in height. Said notice was posted at least fifteen (15) days
prior to the public hearing and was continuously visible from the _ &tty of
,200_, to and including the date and time of the public
hearing. A photograph of the posted notice (sign) is attached hereto.
_ Mailing of notice. By the mailing of a notice obtained from the Community
Development Department, which contains the information described in Section
26.304.060(E)(2) of the Aspen Land Use Code. At least fifteen (15) &ays prior to
the public hearing, notice was hand delivered or mailed by first class ~stage
prepaid U.S. mail to all owners of property within three hundred (300jfeet of the
property subject to the development application. The names and addresses of
property owners shall be those on the current tax records of Pitkin County as they
appeared no more than sixty (60) days prior to the date of the public hearing. A
copy of the owners and governmental agencies so noticed is attached hereto.
(continued on next page)
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Rezoning or text amendment. Whenever the official zoning district map is in
any way to be changed or amended incidental to or as part of a general revision
of this Title, or whenever the text of this Title is to be amended, whether such
revision be made by repeal of this Title and enactment of a new land use
regulation, or otherwise, the requirement of an accurate survey map or other
sufficient legal description of, and the notice to and listing of names and
addresses of owners of real property in the area of the proposed change shall
be waived. However, the proposed zoning map shall be available for public
inspection in the planning agency during all business hours for fifteen (15) days
prior to the public hearing on such amendments.
,~~:;C~L (,/~( /:11
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The foregoing "Affidavit of Notice" was acknowledged before II,1e this 2\7 day
of~)Y" ,200J2,by --J!;jVVtr::", ur0+
WITNESS MY HAND AND OFFICIAL SEAL
q 12.51 D '1
My commission expires:
~~
Notary Public
\' 10 "
PUBLIC NOTICE
~E: LAND ~SE ~'(~DE AMENDMENT _ LAND USE
CODE SEcr~ 26.110,190 LOLlGF l(l"E DIS
TRlCT '. " ,-
h ' . NO~IC IS HEREBY GIVEN that a public
earIngwl!! held on "[uesday, May2, 200G, ata
~eeh~g to gm ~I 4::!O p.m. before the A~pen
R~an[]Jn~. and Zor:my Commission, Sisler Cities
om. City Hall. LJn S. Galena 51.. AS[lcn CO t
reYle~ a land use code amendment app'Jka!io~
subrnJlten by the Lift CundominiumAssociation
131 E. Durant Avenue, Aspen, COlorano, to ex~
en:pt the development 01 allordabJe housing
umts from the minimulll lut area per dwelling lInil
~~UJre~ent 10 t~e Lodge (l) Zone District. The
and Use Code Section subject to thp proposed
amendment is Land Use Cnde S.!
26'7]O'I90(D)(2)~1, Lodge Zone Distric;:e~~::~
mum Lot Area pe )welJing Unit
~~r further info ation, ~onta~t James Lind! at
e CIty of Asp Community Development De.
gar!melll, J3()S: alenaSt., Aspen, CO, (970)129_
~763,orbyemaJ ltJalllesl@CLaspelJ_COUS
s/JasmineTygrf',Chair
r bJ' Aspen,PJanningandZoningCOmmi5Sion
lJ lshed III the Aspen TUlles \Vc~klv on '.l,pril
] 6, 2006, (36] 8) ~ .
\..'-,
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ATTACHMENTS:
"~:2",,'
NI~ CommlSSlcn
08/2512009
~OPY OF THE PUBLICATION
PH OF THE POSTED NOTICE (SIGN)
ill GOVERNMENTAL AGENCIES NOTICED
BY MAIL
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CODE SECT~d.'U(a{ IIr .:-9
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PUBLIC NOTICE
RE: LAND USE CODE AMENDMENT - LAND USE
26.710.190, LODGE ZONE DISTRICT
NOTICE IS HEREBY GIVEN that a public hearing will be held on Tuesday, May 2,
2006, at a meeting to begin at 4:30 p.m. before the Aspen Planning and Zoning
Commission, Sister Cities Room, City Hall, 130 S. Galena St., Aspen, CO, to review a
land use code amendment application submitted by the Lift Condominium Association,
131 E. Durant Avenue, Aspen, Colorado, to exempt the development of affordable
housing units from the minimum lot area per dwelling unit requirement in the Lodge (L)
Zone District. The Land Use Code Section subject to the proposed amendment is Land
Use Code Section 26.71O.l90(D)(2)(a), Lodge Zone District: Minimum Lot Area per
Dwelling Unit. For further information, contact James Lindt at the City of Aspen
Community Development Department, 130 S. Galena St., Aspen, CO, (970) 429-2763, or
by email atjamesl@ci.aspen.co.us.
s/Jasmine TVl!.re. Chair
Aspen Planning and Zoning Commission
Published in the Aspen Times on April 16, 2006
City of Aspen Account
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124 E DURANT AVENUE LLC
C/O WOGAN WENDY
533 W FRANCIS
ASPEN. CO 81611
710 S ASPEN LLC
314 S GALENA ST STE 200
ASPEN,CO 81611
ALPINE BANK ASPEN
600 E HOPKINS AVE
ASPEN, CO 81611
AL YEMENI MOHAMMED & ALICE
3109 OAKMONT DR
STATESVILLE, NC 28625
BARBEE MARY K
625 SKYLINE DR
CODY, WY 82414
BENT FORK LLC
C/O FESUS GEORGE
POBOX 9197
ASPEN, CO 81612
BOURGAULT MARY JANE
555 E DURANT AVE #4J
ASPEN, CO 81611
BRENNAN JACQUELINE NANCY
31 TRAINORS LANDING
ASPEN, CO 81611
BRITTON CARl
PO BOX 12131
ASPEN, CO 81612
BROWNELL LORRAINE B
1030 SECOND ST
MORGAN CITY, LA 70380
CABELL JOE
C/O CHARTHOUSE
1765 ALA MOANA BLVD
HONOLULU, HI 96815
CAIN DOUGLAS M
CAIN CONSTANCE MOFFIT TRUSTEES
1960 HUDSON ST
DENVER, CO 80220
CARLSON KEITH
101 E COOPER #302
ASPEN, CO 81611
CARRUTHERS MARILYN
101 E COOPER #301
ASPEN, CO 81611
CHAPLIN ARLENE & WAYNE
212 E DURANT AVE #0
ASPEN,CO 81611
CHRISPAT ASPEN LLC
1775 BROADWAY 003401
NEW YORK, NY 10019
CITY OF ASPEN
130 S GALENA ST
ASPEN, CO 81611
COHEN ARTHUR S
IBSEN 72
MEXICO CITY MEXICO, 11560
COLEMAN ISAIAH
PO BOX 11239
ASPEN, CO 81612
CROCKETT RUFUS
PO BOX 3837
ASPEN, CO 81612
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ALLEN DOUGLAS P
403 LACET LN
ASPEN, CO 81611
ASPEN LAND FUND II LLC
302 E HOPKINS AVE
ASPEN, CO 81611
BLACKWELL CLARENCE A & ANNE H
PO BOX 3180
ANNAPOLIS, MD 21403
BRIGHT GALEN
205 E DURANT AVE #30
ASPEN, CO 81611-3813
BRUMDER PHILIP G & ASMUTH
ANTHONY
QUARLES & BRADY C/O
411 E WISCONSIN AVE STE 2500
MILWAUKEE, WI 53202
CALLAHAN PATRICIA
0184 MOUNTAIN LAUREL DR
ASPEN,CO 81611
CASPER MARY LYNN
124 E DURANT #4
ASPEN, CO 81611
CHRISTENSEN CINDY
109 JUAN ST
ASPEN, CO 81611
COHN PETER L
1601 S CENTRAL AVE
GLENDALE, CA 91204
CROW MARGERY K & PETER D
46103 HIGHWAY 6 & 24
GLENWOOD SPRINGS, CO 81601
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CUMNOCK CHERYL L &
CUMNOCK ROBERT E AS JT TENANTS
115 JUAN ST
ASPEN, CO 81611-1885
DIVENERE ASPEN HOLDINGS LLC
124 ANNAPOLIS LN
PONTE VEDRA, FL 32082
ELLIS DIANA L ROQUE TRUSTEE
13320 MULHOLLAND DR
BEVERLY HILLS, CA 90210
FARINO CAROL
PO BOX 10421
ASPEN, CO 81612
FLETCHER KAREN K & JAY R
PO BOX 3476
ASPEN, CO 81612
FUQUA ALVAH 0 JR & DIANNE L
446 LAKE SHORE DR
SUNSET BEACH, NC 28468
GILBERT LAUREL E
1301 WAZEE ST #2E
DENVER, CO 80204-5812
GOLDSMITH ADAM 0
673 JOHNSON DR
ASPEN, CO 81611
HElM WILLIAM 0
124 E DURANT AVE APT 1
ASPEN, CO 81611-1769
HERRON SANDRA A
119 E COOPER AVE APT 19
ASPEN, CO 81611-1761
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1-80G-GO-AVEpv
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CYS RICHARD L AND KAREN L
5301 CHAMBERLIN AVE
CHEVY CHASE, MD 20815
DOLlNSEK FRANK JR
619 S MONARCH ST
ASPEN, CO 81611
ELLIS PAUL DAVID
100 E DEAN ST #2F
ASPEN,CO 81611
FARR BRUCE K & GAIL H
PO BOX 5142
ASPEN, CO 81612
FOX THOMAS H
7953 MAURER RD
CROSS PLAINES, WI 53528
GARMISCH LLC
5720 EXECUTIVE DR
BALTIMORE, MD 21228
GILLESPIE JOHN E REVOCABLE TRUST
775 GULFSHORE DR #4219
DESTIN, FL 32541
GUBSER NICHOLAS J
PO BOX 870
ASPEN, CO 81612
HEIMANN GEORGE R
100 E DEAN ST#2E
ASPEN, CO 81611-1967
HILL EUGEN DUBOSE III & JOAN LUISE
TRST
PO BOX 129
PRIDES CROSSING, MA 01965
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CZAJKOWSKI MICHAEL
CZAJKOWSKI SANDRA J
90 LA SALLE ST APT 16G
NEW YORK, NY 10027
DONCER JOYCE TRUST
7641 W 123RD PL
PALOS HEIGHTS, IL 60463
EVANS DAVID COURTNEY
PO BOX 952
ASPEN, CO 81612
FELDMAN SELMA
PO BOX 4550
ASPEN, CO 81612
FREIRICH MARK A
PO BOX 774056
STEAMBOAT SPRINGS, CO 80477
GEORGIEFF KATHERINE TRUSTEE OF
THE
KATHERINE GEORGIEFF REVOCABLE
LIVING TRS
#11 TOPPING LN
ST LOUIS, MO 63131
GINSBURG ANNE C & ROBERT B
7933 YORKSHIRE CT
BOCA RATON, FL 33496-1323
HATCHER HUGH S
205 E DURANT AVE APT 2E
ASPEN, CO 81611
HENRY WAYNE SCOTT
PO BOX 2383
GRAPEVINE, TX 76099
HINES TOM & CAROLYN
21 TRAINORS LNDG
ASPEN, CO 81611-1652
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HORTON KAREN JANE TRUST
588 S PONTIAC WAY
DENVER, CO 80224
IAVARONE GIANFRANCO & RITA
3410RIENTAAVE
MAMORONECK, NY 10543
JOBE MARCIA
PO BOX M-3
ASPEN, CO 81612
JUAN STREET HOMEOWNERS
ASSOCIATION
119 JUAN ST
ASPEN, CO 81611
KEITH JOHN III
300 PUPPY SMITH ST #203-230
ASPEN, CO 81611
KULLGREN NANCY A
205 E DURANT AVE UNIT 2-C
ASPEN, CO 81611
LEBBY ERIN
PO BOX 1352
ASPEN, CO 81612
LOCHHEAD RAYMOND R & EMILIE M
200 SHERWOOD RD
PASO ROBLES, CA 93446
MACHUCA EDGAR F
11 TRAINORS LANDING
ASPEN,CO 81611
MESSNER CHRISTIAN
119 E COOPER AVE #21
ASPEN, CO 81611
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HOTEL DURANT
122 E DURANT
ASPEN, CO 81611
ICAHN L1BA
56 PEQUOT LN
NEW CANAAN, CT 06840
JOHNSON KERRI & DEREK
117 JUAN ST #1
ASPEN, CO 81611
KAPLAN BARBARA
3076 EDGEWOOD RD
PEPPER PIKE, OH 44124
KINGSBURY FAMILY TRUST
PO BOX 198
HOLDERNESS, NH 03245
LARKIN THOMAS J & MARYANN K
1 SHELDRAKE LN
PALM BEACH GARDENS, FL 33418-6820
LEVY HELEN JOAN TRUST
421 WARWICK RD
KENILWORTH,IL 60043-1145
LUNDHOLM KERSTIN WIMORGAN
107 JUAN ST
ASPEN, CO 81611-1885
MCCALL CAROLYN E
100 E DEAN ST #1E
ASPEN, CO 81611
MILLER R GREG
PO BOX 4577
ASPEN, CO 81612
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HOUGH HAZEL C
1 BEACH DR APT #1002
ST PETERSBURG, FL 33701
J&E HANSEN LLC
CIO EDWARD HANSEN
204 E DURANT AVE
ASPEN, CO 81611
JOHNSTON MARGARET S 9.87%
30 DEXTER ST
DENVER, CO 80220
KAUFMAN STEVEN B TRUST
CIO VIRGINIA HARLOW
0554 ESCALANTE
CARBONDALE, CO 81623-8770
KLEINER JOHN P
55 SECOND ST
COLORADO SPRINGS, CO 80906
LCH LLC
PO BOX 12393
ASPEN, CO 81612
L1MELlTE REDEVELOPMENT LLC
ATTN DALE PAAS
228 E COOPER AVE
ASPEN,CO 81611
MACALPINE KENDRA M
101 E COOPER AVE #201
ASPEN,CO 81611
MCCARTNEY BRENDA DAHL
113 JUAN ST
ASPEN,CO 81611
MITCHELL ELSA R
PO BOX 2492
ASPEN, CO 81612
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MORGAN MICHAEL W/LUNDHOLM
PO BOX 11329
ASPEN, CO 81612
NITSCHKE RUPRECHT TRUST 50%
7107 FRANKLIN ST
MIDDLETON, WI 53562
OTT JOHN & CAROL
101 E COOPER AVE #203
ASPEN, CO 81611
POPKIN PHILIP G
PO BOX 7956
ASPEN, CO 81612
ROSE JON E
ROSE RITA L
303 MAGNOLIA LAKE DR
LONGWOOD, FL 32779
SALlTERMAN LARRY & NANCY
603 S GRAMISH
ASPEN, CO 81611
SCHROEDER C M JR
SCHROEDER BETTY ANN
3629 ROCKBRIDGE RD
COLUMBIA, SC 29206
SHEFFER BARBARA & DOUGLAS
PO BOX 250
ASPEN, CO 81612
SLOAN SUSAN MARIE
500 S ORANGE AVE
SARASOTA, FL 34236
SOUTH POINT CONDOMINIUM
ASSOCIATION
205 E DURANT AVE #2F
ASPEN, CO 81611
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1-800-GO-AVEllv
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MURRAY DENIS
PO BOX 3770
ASPEN, CO 81612
NOBLE GUY T
PO BOX 9344
ASPEN, CO 81612
PASCO PROP LLC
SMITH PATRICK A
POBOX 850
ASPEN, CO 81612
PROD INGER IRMA
PO BOX 1245
ASPEN, CO 81612
RUDERMAN ERIC P & MIMI E
1536 OGDEN ST
DENVER, CO 80218-1406
SANDS BENJAMIN N
PO BOX 4375
ASPEN, CO 81612
SETZLER ALEX
33901 MARIANNA DR #11
DANA POINT, CA 92629
SHENK ROBERT D
290 HWY 133
CARBONDALE, CO 81623-1530
SMITH RONA K
1742 HILLSIDE RD
STEVENSON, MD 21153
SOUTHPOINT-SUMNER CORP
4828 FORT SUMNER DR
BETHESDA, MD 20816
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WOJ'A19Ae'MMM
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NELSON ARLENE
119 E COOPER ST #6
ASPEN, CO 81611
ONEAL PROPERTIES LLC
205 E DURANT AVE
ASPEN, CO 81611
PINES LODGE DEVELOPMENT LLC
2353 IRVINE AVE
NEWPORT BEACH, CA 92660
PURVIS ROBERT K & CAROLYN K
PO BOX 3089
ASPEN, CO 81612
RUMSEY DANIEL W
3175 S WINCHESTER BLVD
CAMPBELL, CA 95008-6557
SCHAYER CHARLES M III
588 S PONTIAC WAY
DENVER, CO 80224
SEVERY REV TRUST 70.39%
30 DEXTER ST
DENVER, CO 80220
SILVERMAN MARC A & MARILYN L
937 DALE RD
MEADOWBROOK, PA 19046
SOLONDZ TAMI S
PO BOX 2829
ASPEN, CO 81612
SPAULDING RICHARD W
THOMPSON ELEANOR M
PO BOX 278
CONCORD, MA 01742-0278
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STARK RENEE A
432 W HOPKINS AVE
ASPEN,CO 81611
TELEMARK APARTMENT 2 LLC
3910 S HILLCREST DR
DENVER, CO 80237
TRAINORS LANDING CONDO ASSOC
COMMON AREA EXEMPT
VENTER HENDRIK JOHANNES
PO BOX 11979
ASPEN, CO 81612
WHITE JALEH
THICKMAN DAVID
152 E DURANT AVE
ASPEN, CO 81611-1737
WOLF FAMILY TRUST 12/23/1986
1221 MYRTLE AVE
SAN DIEGO, CA 92103
ZAUNER HEINZ JURGEN
C/O BARBARA ELIAS
0451 STAGECOACH LN
CARBONDALE, CO 81623
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1-800-GO-AVERV
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STITT ELIZABETH WILES IRREV TRUST
1450 SILVERKING DR
ASPEN, CO 51611
THALBERG KATHARINE
221 E MAIN ST
ASPEN, CO 81611
UHLFELDER FAMILY INVESTMENTS
RLLP
210 AABC STE AA
ASPEN,CO 81611
WALDRON GAIL YN L TRUSTEE
PO BOX 7964
ASPEN, CO 81612
WICHMANN VICTORIA
119 E COOPER AVE #4
ASPEN, CO 81611
WOODSON TATJANA 0
POBOX125
TETON VILLAGE, WY 83025
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TAYLOR HARVEY C
W 301 N 9430 HWY E
HARTLAND, WI 53029
TOWNE PLACE OF ASPEN CONDO
ASSOC INC
C/O ASPEN LODGING COMPANY
747 S GALENA ST
ASPEN, CO 81611
VANTONGEREN HAROLD V & LIDIA M
2000 E 12TH AVE BOX 8
DENVER, CO 80206
WEINGLASS LEONARD
PO BOX 11509
ASPEN, CO 81612
WILLETTE NANCY
100 E DEAN ST#2D
ASPEN,CO 81611
WRIGHT LISA
PO BOX 3770
ASPEN, CO 81612
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