The URL can be used to link to this page

Home My WebLink Aboutcoa.lu.sr.608 W Hopkins Ave.A066-00 !""'\ CASE NUMBER PARCEL ill # CASE NAME PROJECT ADDRESS PLANNER CASE TYPE OWNER/APPLICANT REPRESENTATIVE DATE OF FINAL ACTION CITY COUNCIL ACTION PZ ACTION ADMIN ACTION BOA ACTION DATE CLOSED BY / ?'...., A066-00 2735-124-48005 ~rp\~ ~;O0\ W\\~.vtc\U0 Madsen Conversion 608 W. Hopkins Apt. # 8 Fred Jarman Interior Door between Apartmens Martha Madsen 7/3/00 J. Lindt o ~. .:~~ilCEL 'l.l:12735.' 2<:4f~C5 CASE'NAME:IMa:s::e!l CCII'il::!rSI.:r. .!It:tbJ;.I(OOR1€Oe 'fl.' Hc:oklns A": # 9 :. :.. t'iA'I'€.RCYD, ,1 ~ 2~ {;:; ... ~ . . . . ..P";:;;..,,r--=-......::.. "'. ""'1 ..... ..:. ..#i'<"r.'~'1 . . CA~E.lI!O A..oo '..' . : F!llilR:JF'.' J;.rrran ~~E TY~~ln~cr:o~ Doer :.:e~wp..:~- Apa~::"~n5 STE~S:t ;. CISI~J' ..~". "0 ..... 150. i"'\".. ~ ... w... ,.C;/~!~:. . FEES !'tC)IIl1 -~.~o;,r:;a 1'1 Heok's . P~Nl '~H.I:I . STAT: r .' DUE:l :- .." ~. . ..";: .....::";.~,.:. . . ..,. . "." P.LA T, IB~..PGJ:1 :. : ..:. ...' :.": .. . :':. ':,;:'~: ;:-.~:';" . :"..,. . DATE.OF:FINAL.~crIOIl: . .... ,... ,." CITV C:~UNCIL: .....:PZ. .' ,'BOA: .DRAC: AI>>iIIN, . ~E.~8~IAPo' C.:IOC ~'i1:'d',1"" cujSED:17 3 'c:; . EiY:'jJ. LIn;: .:~~~T-,S~~r.t~rp: J ,., """ 2:f VI fsI ffJ , ., I~ '~ ! ~ki~. C.f~"G c,@t- (\,.t ;'1'll:? '(" C'jw' ;~\Y ~" ,j i (jd; ~ 1\(-). ~ {i rr ~ ! - /' ::..~. J~:ln fJ '-~~~ i)O .w c.f-: ____i .~.'t:~~-~1 :t C'?' tQ c:: ;J .(j nl. ;:5 4J . <II j ,Jffi "0J ~, ,. '" ." A". ' '" O!- ~ C;- ~ 0-) Ifi c I)(' S6 Q I I I -r --' "] Ii I ~ I 'g 8 I ~ ~ cJ"'U ~ ,. -~ I, '\!.-~ '\"\~~ """ - 'I.-\-~ ...9-' J .....f-- - c :::s ~~ ~ -"'. ~.'\..\~~\..\ -"".' . o ~ ~ ::r- s; 4 ~ ~ 9. A V U -"f) ~ 0 '-I C ~ ,f" ~/ :8 '7 c/ ? () g. t J r- I '2 I ~ I w ...... \fl- ~ I "" ..c I ,-~ 1f ;:; ~ ~ f'i I A_ -1 t - ~>, I"'''"''' ;-"'; 't. f; , c-' J 12'. ~.. ~ I- J-.J -(1' (j ':2 tig." ~l!l ? (f, (J. ~ 1..0 :fJ --1'" C ::5. vl ~ a ,;a ~ 11"-""" r \'; ''''' I ! 1 I I I ~ 1.!1 l- 'Z ~ P:" it x@ d-2 DC~ iV ~:2 rJl ~,,9 r:f. {)~ w 0- ~9-:;Z :;{ wj ffl t1 & 14-- t'" 1-"'01/1 0 a:. ...j a; .J. &- ~J -{1i :J ~ \,'~'" r~~"'a I I e'" . _1..\.U.~ C " 1:" ~ \-'.\..)f\ l"t=. rt C".... h ~ 'T\U~ ~'\~~'t"rfl-':r~'-.-\ ~"~'Y, ,~ " -c.. ~ ~ \\..Hl .\... "'3.'2&":; 'l-'U..lI:J.:s:. :D --- - ~ r ~ ....../ /' 1/ l/ /' / / / . ...... :-'-"!~ IJ ~.J ? (Dl. LSD, ~ ~,} ~1 ~ ~~ ~ ~~ f "'- 'R ~ ~ ,~ MEMORANDUM To: Julie Ann Woods, Community Development Director Joyce Ohlson, Deputy Director FROM: Fred Jarman, Planner RE: Madsen Resident Multi-Family Replacement Program Appeal DATE: June 20,2000 ApPLICANT: Madsen Chalet Apartments Martha Madsen, Owner REPRESENTATIVE: Martha Madsen PARCELID: 2735-124-48-005 ADDRESS: 608 West Hopkins Avenue, Aspen, Colorado 81611 ZONING: R-15 (Moderate-Density Residential) CURRENT LAND USE: Apartment Building PROPOSED LAND USE: Apartment Building with internal conversion PROJECT SUMMARY: The applicant is requesting to remodel an exiting free market apartment unit, which includes a bathroom fixture upgrade, kitchen removal, wall and ceiling sheetrock and paneling replacement, and an interior door adjoining her current residence with this remodeled apartment. The remodel would remove a studio apartment from the rental inventory and add the space to the principal residence of about 400 square feet. The applicant is currently aware of an $80,000.00 payment-in-lieu mitigation requirement for the loss of the 400 sq. ft. studio rental unit and wishes to appeal this requirement pursuant to Section 26,530.040(D) Appeals. REVIEW PROCEDURE: Multi-Family Replacement Program Appeal Any person aggrieved by a decision of the housing designee in the administration of this Title may appeal such decision to the Aspen City Council in accordance with the appeal procedures set forth at Chapter 26.316. The City Council shall have the authority to hear and decide any other appeal for which specific authority is not granted to another board or commission as established by this Title. PERTINENT LAND USE CODE SECTIONS: 26.530: Resident Multi-Family Replacement Program 26.316: APPEALS ... ~, \- p7 t-'+ *? ~ ~ "-.,, STAFF COMMENTS: The applicant, Martha Madsen, owner of Madsen Chalet Apartments for the last forty (40) years, wishes to remodel an exiting free market apartment unit, which includes a bathroom fixture upgrade, kitchen removal, wall and ceiling sheetrock and paneling replacement, and an interior door adjoining her current residence with this remodeled apartment. The remodel would remove a studio apartment from the rental inventory and add the space to the principal residence of about 400 square feet. The apartment to be remodeled formerly existed as part of the applicant's current living space from 1965 to 1989. Subsequently, the applicant remodeled that space by adding a kitchen concerting that space into an apartment. The apartment existed as a rental unit over the last ten years for the general public. The applicant contends her family remained the sole user of the apartment over the course of the last year and would like to return the existing apartment to living space for her principal residence so that she may also have a downstairs and inside access to this apartment and a downstairs bathroom. The applicant is currently aware of an $80,000.00 payment-in-lieu mitigation requirement for the loss of the 400 sq. ft. studio rental unit and wishes to appeal this requirement pursuant to Section 26.530.040(D) Appeals. Staff believes that this remodel will essentially eliminate a 400 sq. ft. studio unit from the rental inventory, In doing this, the applicant would have to mitigate for the loss of this unit. The Aspen Land Use Code language regarding this unit loss is straight forward according to the Resident Multi-Family Replacement Program (Section 26.530.050(A) and (B) which states: A. Minimum replacement requirement. In the event of the demolition of resident multi-family housing, the owner shall be required to .construct replacement housing consisting of no less than fifty (50) percent of the square footage of net residential area demolished or converted. The replacement housing shall be configured in such a way as to replace fifty (50) percent of the bedrooms that are lost as working resident housing by demolition. A minimum of fifty (50) percent of the replacement housing shall be above natural grade. The replacement housing shall be deed restricted as affordable housing in accordance with the requirements of section 26.530,060, below. B. . Location of replacement housing. Multi-family replacement units shall be developed on the same site on which demolition has occurred, unless the owner shall demonstrate that replacement of the units on-site would be incompatible with adopted neighborhood plans or would be an inappropriate planning solution due to the site's physical constraints. When either of the above circumstances result, the owner shall replace the maximum number of units on-site which the City Council determines that the site can accommodate and may replace the remaining units off-site, within the Aspen Metropolitan Area. When the owner's housing replacement requirements involves a fraction of a unit, cash in lieu may be provided to meet the fractional requirement only. The amount of a cash-in-lieu shall be computed using the formula set forth at Section 26.620.020. According to the request, the applicant is removing a 400 sq. ft. studio unit and adding the square footage to the principal residence. Due to the fact that this is a fraction requirement, a payment-in-lieu would be acceptable. Using the calculations below, the applicant in required 2 ""- ..... ./""\ ~, to provide $80,000.00 in cash-in-lieu for removing a 400 sq. ft. studio. The mitigation requirement would be calculated as follows: Studio = 1.25 FTE's x 50% = .625 FTE's required mitigation. Using these calculation parameters, the applicant's mitigation calculation is as follows: (Category 2 + Category 3) X .625 = Payment-in-Lieu Fee Due 2 ($134,000 + $122,000) X .625 = Payment-in-Lieu Fee Due 2 ($256,000.00) X .625 = Payment-in-Lieu Fee Due 2 $128,000,00 X .625 = $80,000,00 The applicant is currently aware of this $80,000.00 payment-in-lieu mitigation requirement for the loss of the 400 sq. ft. studio rental unit and wishes to appeal this requirement pursuant to Section 26.530.040(D) Appeals, which states: Any person aggrieved by a decision of the housing designee in the administration of this Title may appeal such decision to the Aspen City Council in accordance with the appeal. procedures setforth at Chapter 26.316. In this instance, Cindy Christensen is the housing designee. The applicant wishes to appeal this decision of a requirement for payment-in-lieu of $80,000.00 to the Aspen City Council in accordance with the appeal procedures set forth at Chapter 26.316. ATTACHMENTS: EXHIBIT A: ApPLICATION LETTER EXHIBIT B: PROPOSED SITE PLAN EXHIBIT C: HOUSING OFFICE REFERRAL COMMENTS EXHIBIT D: ORDINANCE No. _, SERIES 2000 3 ~. ~ .Ie. . MEMORANDUM To: Julie Ann Woods, Community Development Director Joyce Ohlson, Deputy Director FROM: Fred Jarman, Planner RE: Madsen Resident Multi-Family Replacement Program Appeal DATE: June 21, 2000 ApPLICANT: Madsen Chalet Apartments Martha Madsen, Owner REPRESENTATIVE: Martha Madsen PARCEL ID: 2735-124-48-005 ADDRESS: 608 West Hopkins Avenue, Aspen, Colorado 81611 ZONING: R-15 (Moderate-Density Residential) CURRENT LAND USE: Apartment Building PROPOSED LAND USE: Apartment Building with internal conversion PROJECT SUMMARY: The applicant is requesting to remodel an exiting free market apartment unit, which includes a bathroom fixture upgrade, kitchen removal, wall and ceiling sheetrock and paneling replacement, and installation of an interior door adjoining her current residence with this remodeled apartment. The remodel would remove a studio apartment from the rental inventory and add the space to the principal residence of about 400 square feet. The applicant is currently aware of the available options as presented in the Aspen Land Use Code pursuant to Section 26.530 (Resident Multi-Family Replacement Program) in the event that a rented unit is removed from the rental inventory. REVIEW PROCEDURE: Multi-Family Replacement Program Appeal Any person aggrieved by a decision of the housing designee in the administration of this Title may appeal such decision to the Aspen City Council in accordance with the appeal procedures set forth at Chapter 26.316. The City Council shall have the authority to hear and decide any other appeal for which specific authority is not granted to another board or commission as established by this Title. PERTINENT LAND USE CODE SECTIONS: 26.530: Resident Multi-Family Replacement Program 26.316: APPEALS ~ ,-- , ' STAFF COMMENTS: The applicant, Martha Madsen, owner of Madsen Chalet Apartments for the last forty (40) years, wishes to remodel an exiting free market apartment unit, which includes a bathroom fixture upgrade, kitchen removal, walI and ceiling sheetrock and paneling replacement, and an interior door adjoining her current residence with this remodeled apartment. The remodel would remove a studio apartment from the rental inventory and add the space to the principal residence of about 400 square feet. The apartment to be remodeled formerly existed as part of the applicant's current living space from 1965 to 1989. Subsequently, the applicant remodeled that space by adding a kitchen concerting that space into an apartment. The apartment existed as a rental unit over the last ten years for the general public. The applicant contends her family remained the sole user of the apartment over the course of the last year and would like to return the existing apartment to living space for her principal residence so that she may also have a downstairs and inside access to this apartment and a downstairs bathroom. Staff believes that this remodel wilI essentially eliminate a 400 sq. ft. studio unit from the rental inventory thereby requiring action on the part ofthe applicant to meet the requirements set forth by the Resident Multi-Family Replacement Program [Section 26.530]. In doing this, the applicant would have three (3) choices to mitigate for the loss of this unit which include: l) The owner shall be required to construct replacement housinl! consisting of no less than fifty (50) percent of the square footage of net residential area demolished or converted. The replacement housing shall be configured in such a way as to replace fifty (50) percent of the bedrooms that are lost as working resident housing by demolition. A minimum of fifty (50) percent of the replacement housing shall be above natural grade. The replacement housing shall be deed restricted as affordable housing in accordance with the requirements of section 26.530.060; 2) The replacement unit shall be developed on the same site on which demolition has occurred, unless the owner shall demonstrates that replacement of the unit on.site would be incompatible with adopted neighborhood plans or would be an inappropriate planning solution due to the site's physical constraints. When either of the above circumstances result, the owner shall replace the maximum number of units on-site which the City Council determines that the site can accommodate and may replace the remaining units off-site, within the Aspen Metropolitan Area; 3) When the owner's housing replacement requirements involves a fraction of a unit, cash-in-lieu may be provided to meet the fractional requirement only. The amount of a cash.in-lieu shall be computed using the formula set forth at Section 26.620.020. The Aspen Land Use Code language regarding this unit loss is straight forward according to the Resident Multi-Family Replacement Program (Section 26.530.050(A) and (B) which states: A. Minimum replacement requirement. In the event of the demolition of resident multi-family housing, the owner shall be required to construct replacement housing 2 r", .~ , ' consisting of no less than fifty (50) percent of the square footage of net residential area demolished or converted. The replacement housing shall be configured in such a way as to replace fifty (50) percent of the bedrooms that are lost as working resident housing by demolition. A minimum of fifty (50) percent of the replacement housing shall be above natural grade. The replacement housing shall be deed restricted as affordable housing in accordance with the requirements of section 26,530,060, below, B. Location of replacement housinf(, Multi-family replacement units shall be developed on the same site on which demolition has occurred, unless the owner shall demonstrate that replacement of the units on-site would be incompatible with adopted neighborhood plans or would be an inappropriate planning solution due to the site's physical constraints. When either of the above circumstances result, the owner shall replace the maximum number of units on-site which the City Council determines that the site can accommodate and may replace the remaining units off-site, within the Aspen Metropolitan Area. When the owner's housing replacement requirements involves a fraction of a unit, cash in lieu may be provided to meet the fractional requirement only. The amount of a cash-in-lieu shall be computed using the formula set forth at Section 26.620,020. According to this request, the applicant is removing a 400 sq. ft. studio unit and adding the square footage to the principal residence. Due to the fact that this is a fraction requirement, a payment-in-lieu would be acceptable as per the recommendation by the housing designee. Using the calculations below, the applicant is required to provide $80,000.00 in cash-in-lieu for removing a 400 sq. ft. studio. The mitigation requirement would be calculated as follows: Studio = 1.25 FTE's x 50% = .625 FTE's required mitigation. Using these calculation parameters, the applicant's mitigation calculations are as follows: (Category 2 + Category 3) X .625 = Payment-in-Lieu Fee Due 2 ($134,000 + $122,000) X .625 = Payment-in-Lieu Fee Due 2 ($256,000.00) X .625 = Payment-in-Lieu Fee Due 2 $128,000.00 X .625 = $80,000.00 The applicant is currently aware of this $80,000.00 payment-in-lieu mitigation requirement for the loss of the 400 sq. ft. studio rental unit. The applicant shall also, via this memorandum, have full understanding of other available options regarding mitigating for this proposed remodel. In the event, that the applicant wishes to continue forward, staff feels there are two avenues the applicant may proceed. ~ The applicant may apply for a code amendment to change the way the current land use code section 26.530 Resident Multi-Family Replacement Program functions to 3 r'- ~ . '. allow the applicant to continue with the proposed remodel. This would require a different land use process; or }- The applicant may appeal this interpretation of section 26.530 Resident Multi- Family Replacement Program to City Council pursuant to Section 26.530.040(D). The Aspen Land Use Code specifically addresses appeals ofthis nature in the following manner: Any person aggrieved by a decision of the housing designee in the administration of this Title may appeal such decision to the Aspen City Council in accordance with the appeal procedures setforth at Chapter 26.316. In the event of an appeal, City Council shall adhere to the following Standards of Review: Standards of Review. Unless otherwise specifically stated in this title, the decision-making body authorized to hear the appeal shall decide the appeal based solely upon the record established bv the body from which the appeal is taken. A decision or determination shall be not be reversed or modified unless there is a finding that there was a denial of due process, or the administrative body has exceeded its ;urisdiction or abused its discretion, Action by the decision-making body hearing the appeal. The decision-making body authorized to hear the appeal shall follow the general hearing procedures set forth at Section 26.304.060(C). The decision-making body hearing the appeal may reverse, affirm, or modify the decision or determination appealed from, and, if the decision is modified, shall be deemed to have all the powers of the officer, board or commission from whom the appeal is taken, including the power to impose reasonable conditions to be complied with by the appellant, The decision shall be in writing. In Sum, staff finds that the applicant must meet one of the listed mitigation requirements pursuant to Section 26.530 for the loss of the 400 sq. ft. unit from the City of Aspen's unit inventory. In accordance with the recommendation set forth by the housing designee. The mitigation fee for the cash-in-lieu shall be in the sum of $80,000.00. ATTACHMENTS: EXHIBIT A: ApPLICATION LETTER EXHIllIT B: PROPOSED SITE PLAN EXHIBIT C: HOUSING OFFICE REFERRAL COMMENTS EXHIBIT D: ORDINANCE No. ---' SERIES 2000 4 r, ~ The proposed idea: To: i~.1.. ",,,IT .",l. I .1.. ,,~,,- 5 I""'" r-" Niek Lelack- Aspen Planning office I have submitted some drawings, tho amateur, to your office to try to explain my remodel plans for apartment # 8 at 608 West Hopkins, in the city of Aspen. I have had this building for 40 years and I try , with my limited capital, to maintain the improvements, Apartment # 9 ,from 1965 to about 1989 , was our familys living space, in the form oB bedrooms and a bathroom. When my 4 children "left the nest" I converted that spaee to an apartment. That is, I installed a modest kitchen. Onee again my needs have changed, and I would like to remodel apartment #8. I would like to remodel the bathroom by putting in new fixtures, and remove the old paneling and sheetrock the walls and celing, I also show that I am removing the partition to make this space more liviable. This total space is 400 s,li, I have applied for an interior door between my apartnIent and #8 so I may have a downstairs and inside access to this apartment and partieularly a downstairs bathroom. For the last year this apartment has only been used by family and that is my intention in the future. I hope this clariJys my application and hope I can proceed with the plans until you rule on the interior door and the removal of the kitchen, neither of whieh need approval for me to get started, I hope you will look kindly and eompassionately at this application. I'm an aging landlord who doesn't want to sell out to the big bucks, but as you know many buildings built after mine are being tom down, and mine will be also, but I'm not ready yet~ ~ a Sole-owner/manager May 22, 2000 JUN, 6.2000 8:58AM A~ HOUSING orc r-, NO. 304 P.i MEMORANDUM TO: FROM: DATE: RE: NiCk Lelack, Community Development Department Cindy Christensen, Housing Office June 6, 2000 MADSEN CHALE:T APARTMENTS; 608 W, Hopkins Avenue ParcellD No, ISSUE: The applicant is requesting a remodel of an apartment complex. The remodel WDuld remove a studio apartment from the ren1a1 inventory and add the space to the principal residence of about 400 square feet. BACKGROUND: The owner has owned the building for 40 years. From 1965 to 1989, the unit was used as part of the principal residence. In 1989, the owner converted part of the space to a separate apartment and has been used as a rental unit since that time, For over 10 years, the unit has been used as a rental. The applicant would now like to remove the kitchen, add a door, and again make it part of the principal residence. MITIGATION REQUIREMENT: According to Chapter 26,530, Resident Multi-FamilY Replacement Program, Section 26.530.050A: In the event of the demolition of resident multi-family housing, the owner shall be required to construct replacement housing consisting of no less than fifty (80) percent of the square footage of net residential area demolished or converted. The replacement housing shall be DDnfigured In such a way as to replace fifty (SO) percent of the bedrooms that are lost as working resident housing by demolition, A minimum of fifty (SO) percent of the replacement hOU8lng shall be above natural grade. The replacement hOU8ing shall be deed restricted as affordable housing in accordance with the requirements of Section 26,530.060. According to the request, the applicant is removing a 400 square foot studio unit and adding the l!.'",II"!51"eo ""'''''',",-'''8 +'" the ",";"",.j""el l"Il!!le;~a"~ A...""""'.....,i...." bot. +I.u!lo peu.\11lli_....a...+ ol!ll....""\,TlI5 +1"Il.et. .....1"'1".....,""'" 1"""\ .~ PUBLIC NOTICE d<-~1"""" RE: 608 WEST HOPKINS- APPEAL OF HOUSING AUTHORITY DECISION NOTICE IS HEREBY GIVEN that a public hearing will be held on Monday, July 10, 2000, 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 Martha Madsen requesting approval of an appeal of a decision by the Aspen/Pitkin County Housing Authority regarding a housing mitigation fee. The affected property is located at 608 West Hopkins and is described as Lots Q, R, and S, Block 25, City and Townsite of Aspen. For further information, contact Amy Guthrie at the Aspen/Pitkin Community Development Department, 130 S. Galena St., Aspen, CO (970) 920-5096, amygcmeLaspen,eo.us. slRacheIE.Ftichards,~ayor Aspen City Council Published in the Aspen Times on June 24, 2000 City of Aspen Account o --- -e&- ...~::::::=-