HomeMy WebLinkAboutLand Use Case.304 E Hopkins Ave.28-82
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CASELOAD SU~lMARV SHEET
Ci.ty of Aspen
STAFF:
SeflL/~~
3. ,REPRESENTATIVE: 71u-n 734l-R---- I A/A t;:J5- /(oD& 1c;;J.s--Fyt/'7
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, 4. PROJECT fW~E: 6mN'n 13/dtj ,
5. LOCATION: i-or L Blocl.. fj"O u/J<"/fe b-IA<7 eYl-
o 6.
1. DATE CERTIFIED COMPLETE:
2. APPLICANT: l).e.!:)(';rtLA. t.
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6: TYPE OF APPLICATION:
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, 4 Step:
GMP (
PUD (
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Subdivision
,2 Step: LSUbdiV1s-\'n Exception (ik1c.lf\j ( COY'tdbW\\(\,'Ul'Vliz{i~
~GMPExcePtion CEm\>lt'?}L tk'!)~ )
Rezoning ( )
SPA
1 Step:
Use Determination
Conditional Use
'J Special Review ( tAR fJ~
HPC
)
No. of Steps: '
Other:
7 J:::::e~
~ngineering Dept.
T::~:~ng
~CitY Electric
8.
~anitation District
_Mountain Bell
_Parks
Holy Cross Electric
Ii Fire Marshal/Building Dept.
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_School District
_Rocky Mtn. Nat. Gas
_State Highway Dept.
---'-"ire Chief
----9ther
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. Date
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Approved Denied
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9. PRELIMINARY PLAT REFERRALS:
,Attorney
_____Engineering Dept.
~Housing
_____Water
_____City Electric
_____SanHation District
_____Mountain Bell
~arks
_____Holy Cross Electric
----fire Marshal/Building Dept.
_____Schoo lDi s tri ct
____Rocky Mtn. Nat. Gas
_____State Highway Dept.
_____Other
10. PRELIMINARY PLAT - PUBLIC HEARING
P & Z Approved Denied
Date
U. FINAL PLAT
Council
Approved
Denied
Date
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12~TING:
Attorney
~Ui1ding
_____Engineering
Other
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AUSTIN MCGRATH & JORDAN
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eoo C....T HOP.KINS AVENUE
.i,UTl~ 20S
"ONALD O. AUSTIN
.,J. NICHOLAS MCORATH. JR.
WIl.LIAM R. .JORDAN m
ASPEN, CO~ORADO 81611
AIltEA CODa: 303
TELCPHONE9215-2600
GRAY A. YOUNG
,.AEDEAICK ,.. PEIRCE
February 8. 1983
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Gary S. Esary, Esq.
Assistant City Attorney
130 S. Galena Street
Aspen, Colorado 81611
Re: The Seguin Building
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8 1981
CiTY ATTORrlEY'S ()mC~
Dear Gary:
Pursuant to our phone 'conyersations, enclosed ,~---
please find the original Declaration of Covenants,
Restrictions, and Conditions for the Seguin Building (a
Condominium) which has been signed by Debby Seguin, together
with the original Statement of Exception for execution by the
City. As you can see, both documents incorporate your
suggested changes.
The City has agreed to issue a temporary
Certificate of Occupancy for those units in the building
which are approved for occupancy but for the completion', of
the condominium map. That agreement to issue the temporary
Certificate of Occupancy is subj ect to the ,conditions which
you and I have discussed and which are set forth in this
letter.
I have represented to the City on behalf of my
client that there have been no sales of any of the units and
there will be no sales prior to the recording of the
condominium map. You and I have agreed that the enclosed
documents have been approved by both parties and that they
are binding upon my client despite the fact that they will
not be recorded until such time as the condominium map is
recorded. We have further agreed that the tenants in the
employee units will be qualified in the normal manner through
the housing office.
I have represented to you that our surveyor has
said that the condominium map should be done by Friday. I
hereby agree on behalf of my client that the temporary
Certificate of Occupancy for the two employee units shall
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'AUSTIN McGRATH & ..JORDAN
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Gary S. Esary, Esq.
February 8, 1983
Page 2
expire ten days from issuance unless the condominium map has
been, as of that date, deliYered to the City for the approval
of the City pursuant to the requirements of the City of Aspen
Code. Upon the approval by the City, the condominium map
will be duly recorded and a Certificate of Occupancy will be
issued to replace the temporary Certificate of Occupancy.
On behalf of my client I would like to thank you,
as well as the other City personnel involved, for your
assistance in this matter.
Sincerely,
.
AUSTIN, McGRATH & JORDAN
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By I^'.-'h. -Pt.. ~.A- ,
~R. Jorda III
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Enclosures
cc: Ms. Deborah L. Seguin
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LAW OFFICES
AUSTIN MCGRATH & JORDAN
600 EAST HOPKINS AVENUE
SUITE 205
RONALO O. AUSTIN
..J. NICHOLAS MCGRATH, ..IR.
WILLIAM R. ..JORDAN In"
ASF='EN, COlORACO S1611
AREA CODE 303
TELEPHONE 925-2600
-GRAY A. YOUNG
FREOERICK ,... PEIRCE
February 8, 1983
:REC.5I:",~
Gary S. Esary, Esq.
Assistant City Attorney
130 S. Galena Street
Aspen, Colorado 8l6ll
Re: The Seguin Building
r::3 8 198_~
).TilCRNEY:S GF7:CIr'
Dear Gary:
Pursuant to our phone conversations, enclosed
please find the original Declaration of Covenants,
Restrictions, and Conditions for the Seguin Building (a
Condominium) which has been signed by Debby Seguin, together
with the original Statement of Exception for execution by the
City. As you can see, both documents incorporate your
suggested changes.
The City has agreed to issue a temporary
Certificate of Occupancy for those units in the building
which are approved for occupancy but for the completion of
the condominium map. That agreement to issue the temporary
Certificate of Occupancy is subject to the conditions which
you and I have discussed and which are set forth in this
letter.
I have represented to the City on behalf of my
client that there have been no sales of any of the units and
there will be no sales prior to the recording of the
condominium map. You and I have agreed that the enclosed
documents have been approved by both parties and that they
are binding upon my client despite the fact that they will
not be recorded until such time as the condominium map is
recorded. We have further agreed that the tenants in the
employee units will be qualified in the normal manner through
the housing office.
r have represented to you that our surveyor has
said that the condominium map should be done by Friday. r
hereby agree on behalf of my client that the temporary
Certificate of Occupancy for the two employee units shall
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AUSTIN MCGRATH' & JORDAN
Gary S. Esary, Esq.
February 8, 1983
Page 2
expire ten days fro~ issuance unless the condominium map has
been, as of that date, delivered to the City for the approval
of the City pursuant to the requirements of the City of Aspen
Code. Upon the approval by the City, the condominium map
will be duly recorded and a Certificate of Occupancy will be
issued to replace the temporary Certificate of Occupancy.
On behalf of my client I would like to thank you,
as well as the other City personnel involved, for your
assistance in this matter.
Sincerely,
AUSTIN, McGRATH & JORDAN
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By fA!. II~~ -It. ~""-^"
~R. Jorda III
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Enclosures
cc: Ms. Deborah L. Seguin
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L.AW OFFICES
AUSTIN MCGRATH & ,JORDAN
800 EAST HOPKINS AVENUE
SUITE 205
RONAI.D O. AUSTIN
J. NICHOL.AS MCGRATH, ,JR.
Wll,.LIAM R. JORDAN m
ASPEN, COLORAOO SI611
February 3, 1983
AREA CODE 303
TEL.EPHONE 925-2600
GRAY A. YOUNG
FREDERICK 1'". PEIRCE
Gary Esary, Esq.
Asst. City Attorney
City Hall 130 S. Galena
Aspen, CO 81611
Re: The Seguin Building
Dear Gary:
Please find enclosed the proposed:
1. Declaration of Covenants
2. Statement of Exception.
Please give me a call.
Sincerely,
AUSTIN, McGRATH & JORDAN
WRJ/jd
By ~~
Willi m R Tn III
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DECLARATION OF COVENANTS, RESTRICTIONS AND CONDITIONS
FOR THE SEGUIN BUILDING (A CONDOMINIUM)
DEBORAH L. SEGUIN (hereinafter "Covenanto'r"), for
herself and her heirs, personal representatives, successors and
assigns, in consideration for the granting of an exception from
the full subdivision process for the purpose of condominiumiza-
tion and exemption from the Growth Management Plan for employee
housing, and a waiver, after special review, of any requirements
for parking for said employee housing, all with respect to the
following described property, hereby coyenants with the City of
Aspen, Pitkin County, Colorado, to restrict said property, and
hereby does restrict said property as follows:
1. Coyenantor represents that she is the record title
owner of the following described property, together with the
improyements (including a commercial structure) located thereon:
Lot L, Block 80, original Aspen Townshite,
City of Aspen, County of Pitkin,
State of Colorado,
also known as 304 E. Hopkins Avenue, Aspen, Colorado 81611.
2. The two (2) dwelling units located on the above-
described property and described as Units 3 and 4, THE SEGUIN
BUILDING (a Condominium) shall and hereby are restricted solely
to use as employee housing as described in Section 24-ll.4(b)(4)
of the Municipal Code of the City of Aspen, as amended, and to
rental and sale terms and price guidelines, qualifications
guidelines, and to occupancy limitations within "low income"
housing eligibility guidelines now established by the City
Council of the City of Aspen, or as such guidelines may from
time-to-time be amended by the City Council; provided, however,
that if any such restrictions and/or guidelines are so amended to
become more restrictive as applied to owners, renters or
occupants of said units, then the restrictions and/or guidelines
in effect as of the date hereof shall'apply.
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3. The two (2) dwelling units located on the aboye-
described property and described as Units 3 and 4, THE SEGUIN
BUILDING (a Condominium) shall be and hereby are restricted to
six (6) month minimum leases with no more than two (2) shorter
tenancies per calendar year, all as defined in the Aspen
Municipal Code, as amended, so long as this Declaration is in
effect and so long as such restrictions are requirements of the
City of Aspen.
4. The covenants contained herein shall run with the
land and shall be binding on all parties having any right, title
or interest in the said Units 3 and 4, THE SEGUIN BUILDING
(a Condominium) or any part thereof, and their heirs, representa-
tives, successors and assigns, for the period of the life of the
longest-lived member of the presently-constituted Aspen City
Council plus twenty-one (21) years, or for a period of fifty (50)
years, whichever period is less, from the date these covenants
are recorded.
5. None of the covenants contained herein shall be
released or waived in any respect during the period they are
binding without the prior consent of the City of Aspen reflected
by resolution of the City Council of the City of Aspen.
IN WITNESS WHEREOF, this declaration has been duly
executed thiS ~ day of February, 1983.
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D~illo/~g:~
STATE OF COLORADO
COUNTY OF PITKIN
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r2/.... ,The foregoing instrument was acknowledged before me
this ~ day of February, 1983 by DEBORAH L. SEGUIN.
WITNESS my hand and official seal.
My Commission expires:~~612?~
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MEMORANDUM
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.TO: Aspen City Council
FROM:
RE:
.DATE:
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Locati on:
toning:
Lot Size:
Applicant's
Request:
Planning
Office
ReView:
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Colette Penne. Planning Office
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Smith Building
- GMP Exemption. FAR Bonus, Parking Review,
Condominiumization /)
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. APPROVED AS TO FORM:!..'''-!''''!
July 20. 1982
304 E. Hopkins
CC
,+
3.000 - square feet
The requests are for (1) a GMP exemption for employee housing;
(2) the FAR bonus needed to allow that additional square footage;
(3) a parking reduction for the employe~ housing; and (4) sub-
division exception for the purposes of condominiumization.
This project received a 1979 GHP Cormrercial Allotment. and turned
in,building plans in the fall of 1981. The building permit has
been extended and a construction start is imminent. The four
reviews before you were aspects of the origjnal application
. which.have never: been completed.
The lot size is 3,000 square feet with the proposed FAR at
2:1. The buildout proposed is 5,100 square feet of commerciall
office space and 900 square feet of employee housing. The FAR
, Bonus requested is appropriate, since the 0,5 bonus will be
0.3 employee housing and the ratio, of employee housing to
commercial space is as defined in the Code. In the original
GMP submittal, the 900 square feet of employee housing was shown
-as one unit. The change to two studio units of 450 square feet
,each is preferrable in terms of the housing need. The units are
at the low end of the size scale for studio units (400-600
.square feet). The applicant has requested the middle income
category but due to the limited size of the units, the low
income category is recommended. Since the lot is presently
vacant, there is no reduction in low or moderate income housing.
A parking reduction is requested. Considering that the units are
employee studios and the site is in the CC zone, an exemption
.from the provision of par:king for the residential units is
acceptable. '
Subdivision exception for the purposes of c6ndomint~m units will
be,fdrmed consisting of the following:
11 Lower level Office Space
2 Main level Commercial Space
3 Upper level Office Space
4 Upper Level Employee Studio
,5 Upper level Employee Studio
h', ,he 6~month minimum' lease restrict'ions of Section 20-22 must be
c0111(1lied \'/ith ,1nd il st',ltCI'!~nt of Subdivision Exception ilnd
Declaration of Covenants, Restrictions and'Conditions must be
"iled through the City Attol"ney's Office, as well as a Deed
Restriction. A final condominium plat must'be. filed following
const"lIction completion ~/hich compl iQS with the Final Plat
provisions of Section 20-15 of the Nunicipal Code.
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Smith BUilding
Two
y 20, 1982 '
Planning &
Zord ng .
Comnii s s i on
Action and
Planning Office
RecOllil1E!ndation:
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The Planning and Zoning Commission
at their July 20', 1982 meeting and
acti 01) :
1. Granted an FAR bonus to increase the maximum allowed
from 1.5:1 to 2:1 with 1.7 commercial and 0.3 employee
housing.
reviewed this request
took the following
They further recommended that Council:
1. Grant a GMP exemption for the two employee studios
of 450 square feet each at the low income category.
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2. Grant' an exemption from the provision of parking
spaces for the employee st~dios.
3. Grant subdivision exception for the purpose of
condominiumization of the five units subject to:
a) Compliance with the 6-month minimum leases as
per Section 20-22.
b) Production and recordation of a Final Condo-
minium Plat.
e) Filing of a deed restriction for two low-income
450 square 'foot studios with the City Attorney
prior to receipt of a Certificate of Occupancy.
d) Filing of a ,Statement of Subdivision Exception
and Declaration of Covenants, Restrictions and
Conditions. .
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If Council concurs with the action of the Planning and
,Zoning Commission and the recommendation of the Planning
.Office, the appropriate motion is as follows:,
"I move to approve:
1., A GMP exemption for the two employee studios of
450 square feet'each at the low incom~ category.
,2. An exemption from the provision of parking spaces
for the employee studios.
3. Subdivision exception for the purpose of condo-
mfniumization of the five units subject to:
a) Compliance with the 6-month,minimum'leases as
per Sectlon 20-.22. .
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b) Prod~ction and rec'ordation of a final Condo.,.
miniUl~ !'lilt, , ., '
c) Filing of a deed restriction' for two'low-income
450 sqUilre foot studios with the City Attorney
prior to receipt of a CcrtiflcJte of Occupancy.
. d) Fit in!) of <'I St<'ltCIIICflt of Suhdivision Exception,
.1Ilt! O..c;l,lI\ltiCln of Covcn.!nts, R(:,~trict.ions <'Ind
Condi t iOIl'..
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f~r Meeting
AspenCtty Council
JUly 26, 1982
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,,.,.11 and carne up with xome designs for mall lightinq. Levy'S ~roposal for lightinq design I(
is apprqximately $20,000 and all phases of construct ion for the mall lights and Main str eel,
lights is $200,000. Levy hasfiqured out a maintenance program for the whole thing.. !
city Manager Chapman told Council ho brought this up now because Council will be setting !
a study sessi~n to look at the five year capital improvement program. Council had asked ii
the staff to corne up with an undergroundinq project out of the electric fund. Chapman I(
recommended Council consider this as part of the five year capitalimp+ovementprogram out~
of the electric fund. Chapman said this program can be capitalized out qf the electric l
fund.
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ORDINh~CE #35 and #36, SERIES OF 1982 - Municipal Borrowing from First National Bank
Councilwoman Michael moved to read Ordinance t35, .Se~ies of 1982; seconded by Councilman
Knecht. All in favor, motion carried.
ORDINANCE #35
(Series of 1982)'
AN ORDINANCE AUTHORIZING LOANS OF $150,000 AND SlOO,OOO RESPECTIVELY TO
TWO Key CITY EMPLOyeES TO ASSIST THeM IN FINANCING THErR PIUMARIY
RESIDENCES was read by the city clerk .
Mayor Edel pointed out there is not cost to the city; however, the city agrees to keep
on depo~it at the FNB $100,000 which will bear no less than 2 percent below the Federal
funds rate. Chapman said it is hard to predict what the market will do over a long term.'
The city is using Federal funds rates as g~ide posts. The city possibllywill make some
money on the whole deal. Councilman Collins said he felt the city was setting a poor
precedent by going into the mortgage business. Chapman pointed out a former city manager
received a loan to build a house, and employees get rental advances from the clty.
Chapman said he was not suggesting the city do this as a matter of course; the staff is
proposing a solution to a fairly difficult problem that some key employees have found
themselves in through no falutof their own, which is interest rates. These employees are
making a concession in terms of their sweat equity; they are using this to buy down interest
rates. '
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Councilman Parry moved to
by Councilwoman. Michael.
Michael, aye; Parry, aye;
adopt Ordinance #35, Series of
Roll call vote; Councilmernbers
Mayor Edel, aye.'
1982, on. first reading: seconded
Collins, nay; Knecht, nay;
Councilwoman Michael moved to read Ordinance #36, Series of 1982: seconded by Councilman
Parry. All in favor, motion carried.
ORDINANCE # 36
(Series of 1982)
AN ORDINANCE AUTHORIZING THE BORROWING OF UP TO S250,000 FROM TilE FIRST
NATIONAL BANK III ASPEN BY A NON RECOURSE PROMISSORY NOT,E SECURED BY
ASSIGNMENT OF CERTAIN DEEDS OF TRUST ON RE~L PROPERTY TO FUND CERTAIN
LOANS TO KEY CITY E~~LOYEES FOR THE FINANCING OF THEIR PRIMARY RESIDENCES
was read by the city clerk.
Councilman Parry moved to adopt Ordinance #36, Series'of 1982, on first reading; seconded
oy Councilwoman Michael. Roll call vote; Councilmembers Parry, aye; Michael, aye; Knecht,
aye; Collins, nay; Mayor Edel, aye. Motion carried.
,-!OTHER LODE LEASE
~ity Manager Chapman told Council after the city closed on the two lots next to the Mother
~ode, Assistant City Attorney Gary Esary talked to appraisers and the owners of the Mother
~ode regarding the leasing of the property to the Mother Lode for the balance of this
year. After much negotiation, it was suggested to lease this for $1,000 for the remainder
of the season. Chapman pointed out during the balance of this year, the Mother Lode will
Je subject to a great deal ~f construction; the city is trying to keep the lease reason-
::I>le.
CAPITAL IMPROVEMENT PROGRAM - FIVE-YEAR EQUIPMENT REPLACEMENT SCHEDULE - IMPOUND LOT
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~ouncilwoman Michael moved to aut~orize and direct the Mayor to enter into a lease agree-
~nt with the operators of the Mother Lode restaurant, calling for a lease term from
July 27, 1982, to September 3D, 1982, for a total rent of $1,000 and according to the
~erms and conditions of the lease presented at the Council meeting of July 26, 1982;
secondeq by Councilman Parry. All in favor, motion carried.
~ity Manager Chapman suggested schedu~inga work session for .these three items.
~uncilman Collins moved to schedule a study session; seconded by Councilman Parry. All
~n favor, motion carried.
~P EXEMPTION, FAR BONUS, PARKrNG REVIEW, CONDOMINIUMIZATION - Smith, Building
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Jrake Jacobs told Council this is three years old and has been going' through. all the variohs
."rocesses. "This building is located right next to La Cocina. Colette penne, planning
Jffice, said they are requesting GMP exemption for the 'two employee housing units, parking
=eview exemption since there are no spaces for the unit, and condorniniumization of the
~uildinginto five units; two employee units and three comrnercia~ spaces.
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As. penne told Council at the GMP submission in 1979, there one one employee unit at 700 _I
::;quare feet. There is a . change to two units at 450 square feet, which is better in terms ii
:f the housing market. P & Z was adamant that these units be put in the low income :i
::ental guidelines. P & Z would only grant the FAR bonus if these were low income. Ms. il
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L _~~~.2'!!:':1..~g ~~!'.!..'!.s!~_~l ~y..1..6, 1982
~ told CO:::::-:hese uni::~e~ondit~oned upon meeting the ~inimum size. The Code requ:res
,~ . . lone parking space per bedroom; however, in the commercial core, this is often waived.
. Councilman Parry moved to approve a GMP exemption for the two employee studios of at least ~
400 square feet eaeh at the low income ca'tegory; an exemption from the provision of park.ing'
spaces for the employee studios; subdivision exception for the purposes of condominiumiza-
ticn of. the five units subject to: (a) compliance with the siX-month minimum leases as
per Section' 20-22; (b) production and recordation cfa final condominium plat; (c) filing
of a deed restriction for two low income at least 400 square feet studios with the city
attorney prior to receipt of a certificate of occupancy; (d) filin9 of a statement of
subdivision exception and decla~ation of covenants, restrictions and conditions; seconded
by C~uncilman Knecht. All in favor, motion carried.
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Assistant City Attorney Gary Esary told Council he had reviewed the history of this agree-
ment and the problem is how to provide security to make sure this project moves forward
ana comple~es~ This is essentially a vOluntary agreement between the applicant and the
city to deal with neighborhood conCerns. The P &: Z required a performance bond, what they
really want is a bond to restore the site to its previous condition. Esary said the
applicant was not able to get a lender or insuror to come up with this 'type of bond. Also
the engineering deparment felt that with all the earth restraining work that will have to
be done, it would cost a tremendous amount of money to restore. the sit€ to the original
condition. Esary said the applicant tried to get these bonds, and came into Council in
April and asked if a performance/completion bond would do~ The applicant was given approval
for this with additional liquidated damages clause; The contractor for the applicant is
not of the size to get a $4,000,000 completion bond and have offered as a substitute security
alet~er of commitment calling for the bank to have a separately funded amount of money
in at least the amount of the contract to be able to complete the project.
AMENDMENT TO SUBDIVISION AGREEMENT - 700 South Galena
Esary told Council the city attorney's office feels this security 'to complete the project
is the best that can be done. Esary explained the letter of commitment provides that a-
sum of money would be available, the bank would guarantee as part of the financing package
the bank would step in an hire a contractor to complete the project.
Councilman Knecht moved to amend paragraph four of the 700 Southca1ena subdivision agree-
ment as requested by th~ applicant in the letter of July 2, 1982, to permit a change in
the form of security offered therein to an irrevocable letter of credit or equivalent' with
liquidated damages which specific agreement shall be approved by the city attorney; seconded
by Councilman Parry. All in favor, motion carried.
ORDINANCE #31, SERIES OF 1982 ~ Appropriations, General Fund
Councilman parry moved to adopt Ordinance #31, Series of 1982; seconded by Councilman
i' Knoch t .
I' Finance Director Sheree Sonfield told Council these
I! opened the public hearing. There were no comments.
11' Roll call vote; councilmernbers Parry, aye; Collin~,
;i Motion carried.
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(I ORDINANCE #32, SERIES OF 1982 - Interfund Transfers
are both second readings. Mayor Ede!
Mayor Edelclosed the public hearing.
aye; Knecht, aye; Mayor Edel, aye.
Mayor Edel opened the public hearing. There were no comments. Mayor Edel closed the
public hearing.
Councilman Parry moved
by Councilman Knecht.
aye; Parry, aye; Mayor
to adopt Ordinance #32, Series
Roll call vote; Councilrnembers
Edel, aye. Motion carried.
of 1982, on second reading; seconded
Knecht, aye; Michael, aye; Collins,
ORDINANCE #37, SERIES OF 1982 - Fersonnel Change
City Attorney Taddune said this is a request from the Police Chief that the Council amend
a section of the code providing that city employees may engage in political activities but
that have to take a leave of absence during the campaign and during the period of their
office. Rob McClung told Council the purpose of this request' is' to allow him to run for
sheriff without taking a leave of absence from the job as policechief.- McClung said
under these conditions,'it is difficult to run for any office, even school board; Taddune
told Council if they adopt this, Council is saying conceptually "there should be flexibility
to allow employees to run for office without jeopardizing their job as a city employee.
Mayor Edel said this ordinance would have everyong judged on an individual basis.
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Mayor Edel said he had no problems with this as a broader issue. However, this specifiC
issue has great implications and ramifications. Mayor Edel said he is unmitigatingly
opposed to this. Councilman Parry said this amendment is important to allow employees to
run for things like school board. Councilman Knecht asked if the way the ordinance was
originally written is constitutional. Taddune said there is a case in another juriSdic-
tion, almost identical to this, and it was found to be appropriate and enforceable.
Councilman Knecht said he felt any employee should be able to run for elected office and
be able to retain their job until the election has been decided.
Mayor Edel said the issue is whether the Council wa~ts to have McClung run for sheriff of
Pitkin County and also be chief of pOlice: Also, does McClung keep his house. And what
is the rationale for running. Councilwoman MiChael asked what' happens if McClung runs
and win. McClung said he is running on the-consolidation ticket. NcClung said his interest I'
is in putting consolidation together. McClung said if elected sheriff, he would take a .
i leave of absence as chief of police. McClung said he would like the right to run for
~ elected office. I
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MEMORANDUM
TO: Aspen ~ity Coun9i1
FROM: Colette Penne, Planning Office
RE: Smith Building - GMP Exemption, FAR Bonus, Parking Review,
Condominiumization
DATE:
July 20, 1982
APPROVED AS TO FORM:
Location:
Zoning:
Lot Size:
Applicant's
Request:
Planning
Office
Review:
304 E. Hopk ins
CC
+
3,000 - square feet
The requests are for (1) a GMP exemption for employee housing;
(2) the FAR bonus needed to allow that additional square footage;
(3) a parking reduction for the employee housing; and (4) sub-
division exception for the purposes of condominiumization.
This project received a 1979 GMP Commercial Allotment, and turned
in building plans in the fall of 1981. The building permit has
been extended and a construction start is imminent. The four
reviews before you were aspects of the original application
which have never been completed.
The lot size is 3,oob square feet with the proposed FAR at
2:1, The bui1dout proposed is 5,100 square feet of commercia1/
office space and 900 square feet of employee housing. The FAR
Bonus requested is appropriate, since the 0.5 bonus will be
0.3 employee housing and the ratio of employee housing to
commercial space is as defined in the Code. In the original
GMP submittal, the 900 square feet of ' employee housing was shown
as one unit. The change to two studio units of 450 square feet
each is preferrab1e in terms of the housing need. The units are
at the low end of the size scale for studio units (400-600
square feet). The app.1icant has requested the middle income
category but due to the limited size of the units, the low
income category is recommended. Since the lot is presently
vacant, there is no reduction in low or moderate income housing.
A parking reduction is requested. Considering that the units are
employee studios and the site is in the CC zone, an exemption
from the provision of parking for the residential units is
acceptable.
Subdivision exception for the purposes of condominium units will
be formed consisting of the following:
1) Lower Level Office Space
2) Main Level Commercial Space
3) Upper Level Office Space
4) Upper Level Employee Studio
5) Upper Level Employee Studio
The 6-month minimum lease restrictions of Section 20-22 must be
complied with and a statement of Subdivision Exception and
Declaration of Covenants, Restrictions and Conditions must be
filed through the City Attorney's Office, as well as a Deed
Restriction, A final condominium plat must be filed following
construction completion which complies with the Final Plat
provisions of Section 20-15 of the Municipal Code.
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Memo: Smith Building
Page Two
July 20, 1982
Planning &
Zoning
Commission
Action and
Planning Office
Recommendation:
The Planning and Zoning Commission reviewed this request
at their July 20, 1982 meeting and took the fOllowing
action:
1, Granted an FAR bonus to increase the maximum allowed
from 1.5:1 to 2:1 with 1.7 commercial and 0.3 employee
housing.
They further recommended that Council:
1. Grant a GMP exemption for the two employee studios
of 450 square feet each at the low income category.
2. Grant an exemption from the provision of parking
spaces for the employee studios.
3, Grant subdivision exception for the purpose of
condominiumization of the five units subject to:
a) Compliance with the 6-month minimum leases as
per Section 20-22,
b) Production and recordation of a Final Condo-
minium Plat.
c) Filing of a deed restriction for two low-income
450 square foot studios with the City Attorney
prior to receipt of a Certificate of Occupancy.
d) Filing of a Statement of Subdivision Exception
and Declaration of Covenants, Restrictions and
Conditions.
Counc il
Action:
If Council concurs with the action of the Planning and
Zoning Commission and the recommendation of the Planning
Office, the appropriate motion is as follows:
"I move to approve:
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2.
A GMP exemption for the two employee studios of
--45e-square feet each at the low income category.
An exemption from the provision of parking spaces
for the employee studios.
Subdivision exception for the purpose of condo-
miniumization of the five units subject to:
3,
a) Compliance with the 6-month minimum leases as
per Section 20-22.
b) Production and recordation of a Final Condo-
minium Plat.
c) Filing of a deed restriction for two low-income
~1~s1~square foot studios with the City Attorney
prior to receipt of a Certificate of Occupancy.
d) Filing of a Statement of Subdivision Exception
and Declaration of Covenants, Restrictions and
Conditions,
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MEMORANDUM
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"TO::)tityiMtorney - Gary Esary
. City E11gineer - Jay Hammond
FROM: Colette'Penne, Planning Office
RE:Smith Building, GMP Exemption and Parking Reduction for Employee
Housing, FAR Bonus, Condominiumization
DATE: July 2, 1~82
A
Attached is an application to complete the four outstanding reviews
concerning the Smith Building, a new commercial building to be built at
304 Eo. Hopkins. This project received 11 GMP allotment in 1979 and the
,original application should therefore be available in your files.
We have scheduled this item for review by P & Z on July 20, 1982 since
the app1 icantproposed' to break ground in the near future. Please return
your comments to me no later than July 12. Thank you.
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MEMORANDUM
TO: Building Department - Stan Stevens
Water Department - Jim Marka1unas
Aspen Metro Sanitation District - Heiko Kuhn
CityE1ectric Department - Stogie Mada10ne
FROM: Colette Penne, Planning Office
RE: Smith Building
DATE: July 2, 1982
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Attached is an application concerning the Smith Building, a new commercial
building to be built at 304 E. Hopkins. Your office reviewed this
app1 i cation when it ,competed successfully in 1979 for a GMP allotment.
We are ,referring this application toyou at this time not to receive any
further comments from you, but rather to simply inform you that a new
building is soon to be placed under construction. If you do have any
comments for us on this project, we would appreciate them no later than
July 12. Thank you.
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Jacobs/Bali & Associates, P,C., Architects
415 East Hyman Suite 205 Aspen Colorado 81611 303/925-1606,925-8447
June 29, 1982
City of Aspen
Planning Department
l30 S. Galena
Aspen, CO 8l61l
Dear Sir:
RE: SMITH EUILDING
Regarding the Smith Building, to be located at 304 E.
Hopkins, we are requesting the following:
1) GMP exemption for employee housing as per 24-1l.2 (h)
Unit Size (2 @ 450 s.f.)
Unit Type (studio)
proposed guideline (middle income)
2) parking reduction for employee housing as per 24-4.1 (c)
3) FAR bonus to increase maximum allowable from l.5 to 2.0
with 1.7 corrunercial and 0.3 employee housing.
4) Condominiumization
Enclosed are two (2) checks to cover the aboye; $475.00
for items #l, 2, and 4 and $225.00 for item #3. Also enclosed
is a copy of the Title Insurance and the survey.
Sincerely,
C1)-~~
Donald Ball, AIA
DB/v1
Enclosures