HomeMy WebLinkAboutcoa.lu.su.650 S Monarch St.A7-92
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CASELOAD SUMMARY SHEET
city of Aspen
DATE RECEIVED:
DATE COMPLETE:
1731~92
1-, , J~ /12,
PARCEL ID AND CASE NO.
2737-182 & 2735-131 A 7-92
STAFF MEMBER: KJ '
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1611
PROJECT NAME: Dolom'te Villas Subdivision Exem
Project Address: 650 S. Monarch Street. Aspen.
Legal Address:
APPLICANT: Dolomite Villas
Applicant Address: 650 S. Monarch Street. Aspen. CO 81611
REPRESENTATIVE: Sunnv Vann. Vann Associates
Representative Address/Phone: 230 East Hopkins Avenue
Aspen. CO 81611 925-6958
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PAID: (YES) NO AMOUNT: $1137
NO. OF COPIES RECEIVED 5/3
TYPE OF APPLICATION:
1 STEP:
x
2 STEP:
P&Z Meeting Date
PUBLIC HEARING: YES
NO
CC Meeting Date
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VESTED RIGHTS:
PUBLIC HEARING:
YES NO
~~.
~NO ~
YES NO
VESTED RIGHTS:
Planning Director Approval:
Insubstantial Amendment or Exemption:
Paid:
Date:
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REFERRALS:
city Attorney Mtn Bell School District
,>C City Engineer Parks Dept. Rocky Mtn NatGas
Housing Dir. Holy Cross State HwyDept(GW)
Aspen Water A~ Fire Marshall State HwyDept(GJ)
City Electric~ Building Inspector, ~ '7.._ .
Envir.Hlth. Roaring Fork ~Other ~~~
Aspen Con. S.D. Energy Center
DATE REFERRED: ;,J -j +-1,}--. INITIALS: ~ ~
;~~;t=;;~~~~7=~~======;;;;=;~;;~;7=:57i~;q&==~~~;~~7=,?7
___ city Atty ___ city Engineer ___Zoning ___Env. Health
___ Housing Other:
FILE STATUS AND LOCATION:
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MESSAGE DISPLAY
TO
CC
CC
stephen Kanipe
Amy Margerum
Bob Gish
CC
CC
Kim Johnson
Diane Moore
From: Jed Caswall
Postmark: Mar 09,93 2:23 PM
Subject: Dolomite CO
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Message:
Per our recent discussions with city Mgr, no CO and no permission to
use or occupy(via "final inspection")shall be issued for Dolomites
until they pay all of the fees they owe city.If you want to go ahead
and do final inspection for UBC purposes, that's fine--but no
occupancy or use of bldgs is allowed until CO issues per Sec.307(a)
of UBC.If you do final inspection and they go ahead and use and
occupy, then they should be red-tagged and cited.As discussed
earlier, Bldg Dept is charged with securing sign-off approval from all
involved depts before CO is to issue and only CO allows use/occupancy.
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VANN ASSOCiATES
Planning Consultants
J\)'- - ?,
July 3, 1992
HAND DELIVERED
Ms. Kim Johnson
Aspen/Pitkin Planning Office
130 South Galena Street
Aspen, Colorado 81611
.......;
Re: Insubstantial Plat Amendment
Dear Kim:
The purpose of my letter is to confirm the work that is to be undertaken by the
Dolomite Villas to bring Units #1, 2, 3, 7, 8 and 9 into compliance with both zoning
and Uniform Building Code requirements. The specific items which we discussed
with Bill Drueding, Gary Lyman, Tim Clark and yourself on June 24, 1992, are
summarized below.
1. Unit #1
The stove and refrigerator are to be removed from the existing kitchen on the
ground floor. The sink may remain, but the 220 service outlet for the stove must be
removed. An egress window must be installed in the converted garage area.
2. Unit #2
The fifth bedroom located in the converted garage area is to be removed.
The owner may either install an egress window in the garage wall or remove a
portion of the existing partition so as to permit the space to be considered as part of
the adjacent bedroom. In the event a window is installed, the converted garage area
cannot contain a clothes closet. The existing washer/dryer closet may be retained,
provided that the space is properly ventilated.
3. Unit #3
The existing washer/dryer closet must be ventilated. The unit otherwise
complies with zoning and egress requirements
4. Unit #7
230 East Hopkins Avenue' Aspen, Colorado 81611 . 303/925-6958' Fax 303/920-9310
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Ms. Kim Johnson
July 3, 1992
Page 2
This unit may contain six (6) bedrooms. An egress window, however, must be
installed in the east bedroom on the lower level (Le., the converted garage area).
5. Unit #8
This unit contains a space on the lower level which the Zoning Department
construes to be a bedroom because it contains a closet. The owner must either
remove the closet or open up the space such that it is considered as part of the
adjacent bedroom.
6. Unit #9
The fifth bedroom located in the converted garage area is to be removed.
The owner may either install an egress window in the garage wall or remove a
portion of the existing partition so as to permit the space to be considered as part of
the adjacent bedroom. In the event a window is installed, the converted garage area
cannot contain a clothes closet. The existing washer/dryer closet may be retained,
provided that the space is properly ventilated.
The work described above is to be undertaken by a single contractor on behalf of the
respective unit owners. A building permit application has been submitted for Unit
#8 (i.e., the Curlin residence). Two (2) additional permits will be obtained, one
each for the two buildings which contain the units in question. Inspections of the
garage conversions, and related work for which a permit was not obtained, will be
required to confirm compliance with building code requirements. Violations must be
corrected in connection with the work to be undertaken on behalf of the individual
unit owners. It is understood, however, that compliance will be limited to basic life,
health and safety concerns.
Upon the receipt of a certificate(s) of occupancy for the units, the Dolomite Villas
condominium association will prepare and submit to the Planning Office for recorda-
tion an amended condominium map and declaration.for the project. The amended
map will contain notes which limit Units #1, 2, 3, 8 and 9 to no more than four (4)
bedrooms. Unit #7 will be limited to six (6) bedrooms. The map will also depict all
legal parking spaces within the property's boundaries. The map must be recorded
within one hundred and eighty (180) days of the Diane Moore's May 26, 1992,
insubstantial plat amendment.
I hope the above summary accurately reflects your understanding of the work to be
undertaken by the Dolomite Villas unit owners. Should you have any questions, or
if I have misrepresented our discussion in any way, please do not hesitate to call, as
the owners would like to complete the work and record an amended condominium
map in as timely a manner as possible.
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Ms. Kim Johnson
July 3, 1992
Page 3
I would also like to take this opportunity to thank you on behalf of the owners for
your considerable assistance in resolving this very difficult matter.
Sincerely,
SV:cwv
cc: Tim Clark
Bill Drueding
Gary Lyman
c:\bus\city.ltr~tr16891,jj4
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VANN ASSOCIATES
Planning Consultants
9
June 12, 1992
HAND DELIVERED
Ms. Kim Johnson
Aspen/pitkin Planning Office
130 South Galena Street
Aspen, Colorado 81611
Re: Dolomite Villas Condominium Map Amendment
Dear Kim:
The purpose of my letter is to request a meeting to discuss
the procedure which the Dolomite villas Condominium Associ-
ation should follow to complete the condominium map amend-
ment process.
Condition #4 of Diane Moore's May 26, 1992, insubstantial
plat amendment approval requires that the units in question
be inspected by the Building Department to determine the
various remodels' compliance with the Uniform Building
Code. In the event violations are identified, building
permits must be pulled for required corrections. As this
work must be completed prior to recording the amended
condominium map, I believe that it would be helpful to
arrange a meeting with you, Bill Drueding and a represen-
tative of the Building Department to discuss the mechanics
of how this work is to be accomplished.
with respect to the condominium map, it is our intention to
revise the existing,document to include notes as to the
allowed number of bedrooms in Units #1, 2, 3, 7, 8 and 9.
Please note that the current map does not depict interior
partitions in the individual units. The revised map will
also depict all legal parking spaces within the Dolomite
Villas property lines. It is our understanding, however,
that current parking patterns can be maintained (i.e., the
encroachments into the pUblic right-of-way).
As the Dolomite Villas would like to complete the condomin-
ium map amendment process in as timely a manner as possi-
ble, I would appreciate it if you would contact Bill Drued-
ing and the Building Department to arrange a meeting at
their earliest convenience.
230 East Hopkins Avenue. Aspen, Colorado 81611 . 303/925-6958' Fax 303/920-9310
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Ms. Kim Johnson
June 12, 1992
Page 2
Should you have any questions, or if I can be of any fur-
ther assistance, please do not hesitate to call.
Sincerely,
SV:cwv
cc: Tim Clark
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MESSAGE DISPLAY
TO
Kim Johnson
CC
Diane Moore
From: Jed Caswall
Postmark: May 26,92 3:06 PM
Subject: Reply to: Dolomite's red tag
Reply text:
From Jed Caswall:
New plat results from negotiated settlement of the bldg/zoning
violations found to exist on property, hence, I see no problem with
withholding release of red tag until such time as Dolomites comply
with the terms of the settlement, i.e., get the new plat filed
showing everything that has been agreed to. Bldg Dept has to inspect
bldg as well. I would not release red tags until City gets the plat
finalized and the;bldg inspected.
Preceding message:
From Kim Johnson:
Diane and I are working on language for the conditions of Director's
sign-off. Question: can Planning hold a red tag issued by the Bldg.
Dept. for UBC permit violations? We were considering this until they
get their amended condo plat filed (you recall that the code doesn't
require a time limit on filing condo plats, and we want to hold their
feet to the fire on this). Regardless of the red tag, can we impose
a time limit (180 days consistent w/ subdiv. reg's) for filing the
amended condo plat? We want this mess done with asap! Thanks for
your comments.
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MEMORANDUM
TO:
Diane Moore, Planning Director
FROM:
Kim Johnson, Planning Office
RE:
Dolomite Villas Condominiums, uni ts 1,2,3,8 and 9
Insubstantial Plat Amendment
DATE:
May 26, 1992
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SUMMARY: The Applicants wish to amend the condominium plat to
reflect the conversion of garages into living areas which has
occurred over several years and has not been reflected in a new
plat. Currently there is a stop Work Order ("red tag") issued for
650 S. Monarch by the Building Department because there have been
no building permits issued for these conversions.
Through numerous staff discussions it has been determined that this
proposal qualifies as an insubstantial plat amendment, and shall
be approved by the Planning Director.
The result of this amendment will be an updated plat showing
interior floorplans as well as a parking plan which designates all
parking spaces on the site. Unit #7, not officially part of this
application, shall also be updated as part of this re-platting
effort.
APPLICANTS: Owners of Units 1,2,3,8, and 9 and the Homeowner's
Association, represented by Sunny .Vann
LOCATION/ZONING: 650 S. Monarch Street. The 18,000 s.f. site is
zoned L/TR (Lodge, Tourist Residential).
BACKGROUND: In May of 1991, stop work orders were issued for
illegal garage conversions within the subject units and Unit 7.
Zoning Officer Bill Drueding wrote a letter to the condos'
management citing the loss of parking spaces, non-compliance with
lot area requirements, and expansion of non-conforming floor areas
for the units.
Throughout the fall of 1991 staff had numerous'meetings with the
Dolomites management. An application for Plat amendment and vested
rights by City council was submitted by Sunny Vann on January 31,
1992. Staff has considered the points in the memo regarding
parking, lot area (density), and FAR and determined that the
Planning Director should review the proposal rather than process
the condo plat amendment through city Council. Please see
Attachment "A".
Unit #7 owned by Gary Solomon is not one of. the units covered in
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this application. However, as the parking program affects his
unit, this owner must participate in the forthcoming plat. Please
see Attachment "B".
REFERRALS: Please see Attachment "c" for referral memos.
citv Enqineer: Chuck Roth comments on his original and amended
memos.
1) An amended condominium map must be filed which meets the
requirements of section 24-7-1004 D.
2) The applicant is advised to obtain city Engineer approval for
all work done in the City right-of-way.
Leqal: City Attorney Jed Caswall has stated that the amended plat
shou~d be recorded prior to release of the red tag on the garage
conversions. Both building and zoning violations exist on the
property and the plat is the final document indicating the terms
of the settlement.
STAFF DISCUSSION: The application for amendment was originally
submitted as a one-step review before city Council. Upon further
consideration, staff determined that this item could be reviewed
by the Planning Director. This decision is supported by an August
13, ~991 Planning Office letter stating that ordinance approval is
not automatically necessary for condominium amendments. See
letter, Attachment "D".
The Dolomite Vil~as Condominium is a twelve unit condominium in
two six-unit buildings constructed in phases. Construction began
in 1972. The only building permit information found by Sunny Vann
was for Building No.1. There are no bedroom. numbers listed on
building permits, however the floor plans show up to five rooms
per unit listed as either bedroom or study/hobby room with
"convertible bedroom" also indicated. Water tap fee records state
that four bedrooms were paid for per each unit. Building No.2 is
a mirror image of the first structure.
Assumptions: Planning, Zoning, and Legal staff members have
reviewed the information in the application as well as subsequent
letters from Sunny Vann and have established certain assumptions
by which this application and future proposals shall be considered.
1) units 1,2,3,8 and 9 contained four bedrooms when originally
constructed.
2) Twelve parking spaces were required when the twelve units were
originally constructed. This number of spaces must be maintained
unless a proposal initiates an additional parking requirement (the
addition of new bedrooms). There are no requirements that spaces
be interior (garage) or exterior spaces.
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3) When the complex was originally constructed, there was no open
space requirement. outdoor space not covered by structures has
been continually used for parking and was thence paved.
Therefore, the outdoor areas do not qualify as open space
contained in the current Land Use Code and the project is non-
conforming for open space. See Attachment "E".
4) Gary Solomon, owner of unit #7, has asserted that he has
occupied his unit since 1974 and that it has contained personal
knowledge that his unit contained six bedrooms since that time
(prior to the major revision to the Land Use Code which changed
densi ty, parking and open space requirements.) Based on these
assertions, the city Attorney has rendered an opinion that this
unit is not subject to removal of any bedrooms. Mr. Solomon has
offered to participate in building inspections and permit
requirements.
Alterations to the two structures and parking arrangement have
occurred without the City's official approval throughout the
complex's 20 years of existence. As previously mentioned, the
three aspects of this development affected by the garage
conversions are parking, lot area per dwelling (density), and FAR.
Additionally, open space was discussed during consideration of the
parking situation. The details of each topic are as follows:
Parkinq: In 1972, the parking requirement was one space per
dwelling unit. Twelve spaces were provided with six garage spaces
and six exterior spaces. Over time, additional non-required
parking on site has encompassed all areas on the parcel which are
not covered by structures. According to the project
representative, eighteen or nineteen spaces are now available on
site above and beyond the garages. The current parking requirement
for the condos is one space per bedroom, making the complex non-
conforming by dozens of spaces, assuming 4 bedrooms per unit. The
existing parking areas have been paved for years. The City even
participated in a repaving of these spaces in 1990. In looking at
numbers of spaces on-site subsequent to the garage conversions,
there are still twelve legal spaces. The City Attorney has
submitted the opinion that since the proposed plat amendment
ensures the preservation of at least 12 parking spaces, there will
be no net loss of the original required parking as a result of the
garage alterations.
Staff also wants the Dolomites to define and dedicate all other
currently used parking on the site and establish this number as the
new parking requirement for the project. This will lessen the non-
conformity by a few spaces and will in effect prevent new bedrooms
from being added to this already crowded site.
Lot Area per Dwellinq (Densitv): When built in 1972, the project
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was in conformance with the Code requirement of 1,500 s.f. of lot
area per "unlimited unit". Currently, the Code requires 1,000 s.f.
of lot area per bedroom, thus the project is non-conforming because
there are at least 48 bedrooms based on the assumptions discussed
above. Units 2 and 9 of this application contain five bedrooms
each. To mitigate this increased construction since the 1975
amendment to the Code, the owners of these units have agreed to
remodel their fifth bedrooms to uses acceptable under the current
Code. Staff accepts this proposal and conditions the plat
amendment approval with this requirement.
FAR: The maximum FAR allowed by today's Code is 1:1 in the L/TR
zone district. Garages are exempt from FAR calculation up to 500
s.L When the Dolomites were built the same 1:1 FAR maximum
existed. However, garages counted towards the si te I s FAR.
Originally, Zoning was concerned that when the garages were
reconfigured to living space, the FAR increased without appropriate
review and would make the Dolomites non-conforming for FAR. It is
now accepted by Zoning and Legal staff that since the garages
counted as FAR during construction, their conversion to living
space does not increase FAR today or extend a FAR non-conformity.
section 7-1006 A. reads:
"Insubstantial Amendment. An insubstantial amendment to an
approved plat may be authorized by the Planning Director. An
insubstantial amendment shall be limited to technical or
engineering considerations first discovered during actual
development which could not reasonably be anticipated during the
approval process, or any other minor change to a plat which the
Planning Director finds has no effect on the conditions and
representations limiting the approved plat."
Staff recognizes that the proposed plat amendments are not
technical in nature. In order to release the red tag and to clean
up the ambiguities surrounding this parcel regarding parking,
densi ty, and FAR, this plat amendment is a valuable tool. In
filing a new plat, a baseline will be established which will better
direct any future alterations to the site. For these reasons, the
Planning Director shall find that the conditions or representations
of the approved plat will not be adversely effected.
RECOMMENDATION: .staff recommends that the Planning Director
approve the Condominium Plat Amendment for the Dolomite Villas
Condominiums to reflect the conversions of the garages into
interior living spaces wi thin Units 1,2,3,7,8, and 9, and to
dedicate and define the on-site parking. The following conditions
should apply:
1) unit #7 may contain no more than 6 bedrooms. This shall be
stated on the amended condominium plat.
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2) Units 2 and 9 shall remove their fifth bedrooms and replace
the area with a use acceptable under the current Land Use
Code. units 1,2,3,8 and 9 shall contain no more than four
bedrooms. This shall be stated on the amended condominium
plat.
3) The amended condominium plat shall be approved by Engineering
and recorded with the Pitkin County Clerk and Recorder within
180 days of approval of the Planning Director's approval of
this Insubstantial Plat Amendment memo. Failure to record the
amended condominium plat will render the approvals invalid.
4) Prior to Planning's approval of an amended condominium plat,
the units associated with this application, as well as Unit
#7, shall be inspected by the Building Department and any
required Uniform Building Code corrections shall be
accomplished under valid building permits.
5) The amended plat shall define and dedicate all existing
parking on-site spaces as required parking. These parking
spaces shall be physically designated on the property prior
to the Planning Director's signature on the amended
condominium plat.
6) The amended plat shall meet the requirements of section 24-
7-1004 D. of the Aspen Municipal Code.
7) The stop Work Order issued on 5/6/91 by the Building
Department shall be released by the Planning Office and the
Building Department only upon completion of the above six
conditions.
8) All material representations made by the applicant in the
application shall be adhered to and considered conditions of
approval, unless otherwise amended by other conditions.
I hereby approve the above Condominium Plat Amendment for the
Dolomite Villas condominiums which reflects the garage conversions
of Units 1,2,3,7,8, and 9 and establishes all on-site parking as
quired parking. The above conditions apply to this approval.
e Moore, Planning Director
ATTACHMENTS:
"A" Application and Drawings submitted by Sunny Vann
"B" Letter from Gary Solomon, 2/19/92
"c" Engineering and Legal Referral Memos
"D" Planning Office Letter Regarding Plat Amendment Process
8/13/91
"E" Letter from sunny Vann Regarding Open Space 4/6/92
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GARY SOLOMON & COMPANY
.. CONSTRUCTION
. SYNDICATION
. MANAGEMENT
. SALES
3139 NORTH LINCOLN AVENUE
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CHICAGO, ILLINOIS 60657
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FAX (312) 248-3146
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(312) 248-4700
Fe~ruary 19. 19~~
Ms. Kim Johnson
Aspen Pitkin Planninll Office
130 South Galena Streel
Aspen. Colorado 81611
HE: DOLOMlTE VILLAS Sl.'f>IJf\i i:-l\l:\
EXJ::Mt'llON At'PLICATlOf\.
Dear Kim:
1 am. in rccelPt of the Iippl icatioa maac t,y Vann
Associates on .January 20. 1992 on behalf of the I/olomlte
Villas of Aspen. As YOU Know my unIt, Number 7. wa:. l(Jft off
of the application.
Unit Seven was built With 5 bedrooms lper the
construction plans that worc provIded lo you) with a Ilara~c
on the main floor. This construction C",nd Pha!'jc) was
proba~ly completed sometlmo In 1973. SubseQuently Lnn poor
desilln of the ~arage door resulted In frcQuent ~ur~L~ and
frozen water llncs with the rtlsultin~ damaj;{c. AdDItIonallY
the sewer Hnes from this area also froze SO that. t.he I!aralte
400r was nailed shut and Insulated {in 1973). tne floor was
carpeted and a dresl.'p.r and bed put in the former garage.
This was done before the 1974 node chll.n~e but wouj~ nave buen
permitted under the then eode (no limitatIon of ~cd~ooms)
This was the condition 1 Obscrved renlinlt this unIt In IB7-1
which was verIfied to me by Michael Sp&llldin!l' whu WllS th('
mana~er of the Dolomltcs Crom 1974 throu~h IU7U.
I would trust that routine Inl.'peetlons by lb~ ASDen
buildin~ department would have confirmed thiS. It Lhey were
done or 11 any such records exl st. th~, convers Ion of trio
ltaralle in U:I7:.l wou 1 d have been Ii I lowed under th..: I:J " ~
Municipal Code. 1 would allow lIltI bU1ldln!l' department to
inspect for comlllillnce WIth applH:able unlform t1l111,llnJ{ cude
reQuirements, obtain a permit, If reQuired, ana mai.t- any
improvement necessary.
Since this IS Ii part of thl') I)olomitos ol",a,;c advise me
whether you ~ant to amend the eXIstin. application to inClude
this amendment or have me file separatelY.
YOllrs very trUlY,
#~.
Ga~omon
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MESSAGE DISPLAY
TO Kim Johnson
From: Diane Moore
Postmark: Apr 22,92 4:02 PM
status: Previously read
Subject: Reply to: Dolomites update
Reply text:
From Diane Moore:
I just love the Dolomites!!
Preceding message:
From Kim Johnson:
Resulting from today's meeting with Sunny, Jed, Bill, Francis and me:
Jed now agrees with sunny's premise that as a baseline, we will
accept 4 bedrooms per unit. Also, that there were 12 parking spaces
approved w/ original development. Swapping location of spaces is
fine by Jed, but Francis strongly disagrees. Outstanding issue:
Sunny's parking proposal locates "new" spaces in what probably is
open space. Sunny will bring in more data for us to consider. If
this works out OK, we can continue to process in-house. Otherwise,
we'll have to cross that bridge by whatever process is appropriate.
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'DA'l'E:4/:L/92 BLOCK: . OCCUPANT LOAD:
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ADDRESS:650 S MONARCH BUS. NlOOi::OOLOMITE VILLAS /PHONE:
CITY:ASPEN STATE:CO ZIP:81611
OWHEROFBUSlNESS :LIFT .ONEPARTNERSHIP jPHONE:925-3220
OWNERS'S ADDRESS:334 W HYMAN CITY:ASPEN STATE:
OWNER OF BUlLOING: JPHONE:
OWNER'S ADDRESS: CITY: . STAT
EMERGENCY CONTACT PERSONS:
1. NAME:LISA LANDRY
2. NAME:
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ASPEN FIRE PROTECTION DISTRICT
NOTICE OF INSPECTION
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PHONE:
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TYPE ,OF OCCUPAHCY:DWELLING:
OBSTRUCTEDEXIT:X
EXIT LIGHTING:
FLAMMABLE LIQUID:
BUILOING.NUMBERS:
PUBLIC BLDG.: SCHOOL;l .'
RUBBISH:
FIRE ESCAPES:
EXTINGUISHERS: X
ELECTRICAL:
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APR - 11992
FIRE ALARM SYS:X
PRI. FIRE .PROT.:
FIRE SYS. CHECKED:
OTHER: X
NARRATIVE OF NOTICE:14.104E lIFC. SMOKE DETECTORS SHALL BE INSTALLED IN
. ALL DWELLING UNITS ANDilOTEL OR LODGING GUES'l' ROOMS.
12';103A lIFC.EXITS SHALL BE FREE OF OBSTRUCTIONS AT ALL TIMES.
10-1-6~3 NFPA FIRE EXTINGUISHERS SHALL BE CONSPICUOUSLY LOCATED AND
READILY ACCESSIBLE.
41
GE WHICH HAS ONE DOOR, THIS EXITS
ROOM ALSO CONTAINES A WASHER AND
------~---
QOM IN QUES~IS
ANOTHER BEDROOM,
DRYER.
RT
: LAURA COPAS 920~1001
COMPLIANCE TIMES:
NOTICE GIVEN TO:LAURA COPAS
ED VAN WALRAVEN
FIRE INSPECTOR
COMPLIANCE MONTH:
WHEN COMPLIED CALL:925-2690
WAYNE L. VANDEMARK
FIRE MARSHAL
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APR - 61992
V ANN ASSOCIATES
Planning Consultants
April 6, 1992
HAND DELIVERED
Ms. Kim Johnson
AspenlPitkin Planning Office
130 South Galena Street
Aspen, Colorado 81611
Re: Dolomite Villas Open Space Issue
Dear Kim:
The purpose of my letter is to address what I believe to be the only remaining
issue associated with the Dolomite Villas subdivision exemption application. As I
understand the latest potential problem, at issue is whether or not the substitu-
tion of six (6) exterior parking spaces for the six (6) converted garages will de-
crease the Dolomite Villas available open space.
As you know, the Applicant proposes to meet the project's original twelve (12)
parking space requirement within four (4) areas of the property which are
presently utilized for off-street parking purposes. Two (2) of these areas were
designated on the original building plans. The remaining two (2) areas, as well
as those portions of the property located immediately adjacent thereto, have also
historically been used to provide additional parking for the project. As the previ-
ously submitted improvement survey illustrates, all of these areas are presently
paved. Please note that the area of the property located adjacent to Snark Street
were repaved in 1990 as part of a cooperative effort which involved the Dolomite
Vilias, the neighboring 700 Monarch condominiums, and the City. The improve-
ments were intended to improve parking, circulation and drainage in the immedi-
ate site area.
As we have discussed, there was no open space requirement in the AR-l zone
district at the time the project was constructed. As a result, the project most
likely became non-conforming with respect to open space with the adoption of
the new L-2 zone district in 1975. It is clearly non-conforming with respect to
the property's current LT/R zoning. I believe, however, that the use of the areas
in question for parking purposes does not reduce the project's open space and,
therefore, does not increase its existing non-conformity.
230 East Hopkins Avenue. Aspen, Colorado 81611 . 303/925-6958' Fax 303/920-9310
.....-
~
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Ms. Kim Johnson
April 6, 1992
Page 2
The areas in question do not meet the current definition of open space. Pursu-
ant to Section 3-101 of the Land Use Regulations, open space is defined as "any
portion of a parcel or area of land which is open or unobstructed from the ground to
the sky ... and shaU include areas maintained in a natural or undisturbed state, as
weU as recreation ares, pools, plazas, pathways, fountains, landscaping, and similar
areas which provide visual relief from the mass of buildings". Please note that
paragraph B. expressly excludes parking areas from the definition of open space.
As the areas in question are paved, and have been historically used for parking
purposes, they cannot be included in the calculation of the project's current open
space. As a result, the substitution of these areas for the six (6) converted
garages does not increase the project's existing open space non-conformity.
Should you have any questions, or require additional information, please do not
hesitate to call.
Sincerely,
VANN ASSOCIATES
SV:cwv
cc: Tim Clark
c:\bus\cityJtr~tr16891.kj2
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MEMORANDUM
MAR I 0 1992
To: Kim Johnson, Planning Office
From: Chuck Roth, City Engineer e1?-
Date: March 9, 1992
Re: Dolomite Villas Subdivision. Exemption & Vested Rights
Having reviewed the above referenced application, and having made a site inspectionh ;J
the engineering department has the following comments: . ~'. ~.~
1. If the applicant is adding additional bedrooms, then additional parking spJ(s must
be provided on site at the rate of one parking space per bedroom added.
2. A condominium plat amendment rnust be filed which meets the requirements of
Section 24-7-1004 D.
3. Given the continuous problerns of unapproved work and developrnent in public rights-
of-way, we would advise the applicant as follows:
The applicant shall consult city engineering (920-5080) for design
considerations of development within public rights-of-way and shall obtain
permits for any work or development within public rights-of-way from city
streets department (920-5130).
4. The applicant shall agree to join any future improvement districts which may be
formed for the purpose of constructing irnprovements in the public right-of-way.
. \~ /tJ!i; 2<5/ (;vYtA- /fIA-M{ cv/^j41
cc: Bob Gish, Public Works Director
M92.96
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MEMORANDUM
To: File
From: Chuck Roth, city Engineer
Date: March/S, 1992
Re: Dolomite Villas Subdivision Exemption Application
Parking - it appears that appl icant I s representations may be
correct.
Platting - provide proper platting.
cr/M92.94
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Gary Solomon
FAX (312) 248-3146
February 14, 1992
RE: Application for Condominium Plat Amendment (Subdivision
Exemption) For unit # 7, Dolomite Villas
As per your request from this morning's conversation, I am
forwarding information for your use in submitting the above
application. These pages are taken from an application for
condominiumization. As the Dolomites have been condos for some
time, it was not necessary to send you the entire package. I am
also sending Section 7-1007 C.2. from the Aspen Land Use Code which
establishes that changes to a condominium shall be approved by City
Council. If you have any questions about this information please
call me at (303) 920-5090.
The plat amendment process through city Council requires
approval by ordinance. Although ordinances are ratified by two
readings, the application is considered a one-step process. The
Planning Office requires a fee deposit of $912.00 plus $90.00
Engineering Department referral fee in order to begin processing
the application. As this amount is a deposit based on average case
hours, you may receive a refund or additional billing based on
actual staff time applied to your case.
The Planning Office has been involved with the Dolomites' red
tags for several months and is serious about resolving the problem.
Be advised that any deadlines for application submission shall not
be extended beyond what has already been granted in the Planning
Office letter dated February 4, 1992. Thank you for your attention
to this matter.
s~'nce ely,
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Kim J son
Planne
cc: Diane Moore, city planning Director
Jed Caswall, city Attorney
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Gary Solomon
c/o Tim Clark
650 S. Monarch st.
Aspen, CO. 81611
February 4, 1992
RE: Application Extension for Dolomite unit 7
Dear Mr. Solomon,
Yesterday the Planning Office received your January 30, 1992
letter requesting a two week extension for filing an applipation
to rectify the illegally remodeled garage space for your condo
unit. I brought your letter to the attention of Planning Director
Diane Moore. We concluded that your extension request was
reasonable and accept it in order for you to pull together a land
use application to amend the condo plat. Staff needs to review
your information in context with the application submitted on
behalf of the other red-tagged units.
It is important that you:t'~Ci}iz~ that we expect a complete
application no later than SS::OiO.:onTUesday,'FebruCl,ry . Ill<: (the
Planning Office will be closed on Monday the 17th for President's
Day). If you have any questions regarding this deadline, please
call me at 920-5090.
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SENDER: .... ." . .' ;. ". "., .' ", 'I;ais~;"isht<i".~,vet.he
: '.' complete iteJ"'.s'::r;:an.dJpr.,'2 for{a~,dltIRn~I"se.~,~lceS!. ,~ . .,: JoUo.wirlg: ser:vi~es JfOf;':an- !!xtra.
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Kim son
Planner
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DOLOMITE VILLAS OF ASPEN
I
Your townhouse on Ajax Mountain.
FB- 3_
January 30, 1992
i<i m Johnson
Aspen/Pitkin Planning Office
130 Sit 13alena
Aspen, Colorado. 81511
RE: Gary Solomon, Dolomite No.7
Dear 1<1 m;
The owner of the above referenced unit
to individually resolve the planning
related to that specific unit.
has
al1d
indicated his desire
zoning conce~ns as
With this in mind he is hereby respectfully requesting a two week
extension in an effort to formulate an intelligent response to
his situation.
Thank you very much for your consideration in this matter.
f':espe,:t full y;
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l/ Tim Clark
TWC/d.jb.
cc: Gary Solomon.
Sunny Vann.
650 Soutb Monarcb Street. Aspen, Colorado 81611 . (303) 925-7624
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JAN 3 I 1992
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V ANN ASSOCIATES
Planning Consultants
January 30, 1992
HAND DELIVERED
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Ms. Kim Johnson
Aspen/Pitkin Planning Office
130 South Galena Street
Aspen, Colorado 81611
Re: Dolomite Villas Subdivision Exemption Application
Dear Kim:
Please consider this letter an application for subdivision
exemption approval to .amendthe existing condominium maps of
the Dolomitevill~s" which are located at 650 South Monarch
Street in the City of Aspen (see Exhibit 1, pre-Application
Conference Summary, attached hereto). Vested property rights
status is also reque~ted for the subdivision exemption
approved pursuant to this application.
The application is submitted pursuant to Sections 7-1003.A.3.
and 7-1007.C.2. of the Land Use Regulations by Dolomite
Management on behalf of the Dolomite Villas Condominium
Association and the individual condominium owners (see Exhibit
2, Letter from Dolomite Management). permission for Vann
Associates, Planning Consultants, to represent Dolomite
Management and th~ Association is attached as Exhibit 3.
Background
The DOlomite Villas condominiums consist of twelve (12) multi-
family dwelling units which are contained in two (2) adjacent
buildings. The buildings, each of which contains six (6)
dwelling units, were constructed in two (2) phases. A
building permit for Building No. 1 was issued on May 18, 1972
(see Exhibit 4, Building Permit No. 160-72). The building was
apparently completed later that year, as a condominium map was
recorded for Units 1 through 6 on December 14, 1972 (see
condominium map of Building No. 1 which accompanies this
application) .
While I have been unable to locate a building permit for
Building No.2, construction of the remaining six units appar-
230 East Hopkins Avenue' Aspen, Colorado 81611 . 303/925-6958' Fax 303/920-9310
I "'.
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Ms. Kim Johnson
January 30, 1992
Page 2
ently commenced in early 1973, as the condominium map for
units 7 through 12 was recorded on August 17, 1973 (see
accompanying condominium map of Building No.2). The condo-
minium declaration for the first phase of the Dolomite Villas
was also recorded on December 14, 1972. The declaration was
amended on August 17, 1973, to include Building No.2 and
units 7 through 12.
As the accompany construction plans for Building No. 1
illustrate, units 1 through 3 each contained an enclosed one
(1) car garage which was accessed via adjacent Juniata street,
a platted public right-of-way. units 7 through 9 of Building
No.2, which is essentially a mirror image of Building No.1,
also contained one car garages. It is these six (6) garages,
and their subsequent conversion to habitable space by various
owners, which necessitates this application to amend the
Dolomite villas original condominium maps.
On May 3, 1991, the Building Department issued a stop work
order to the Dolomite Villas for failing to obtain a building
permit for the installation of stucco in the openings where
the original garage doors were located. In a subsequent
letter to Dolomite Management dated May 29, 1991 (see Exhibit
5), Bill Drueding, the City's Zoning Enforcement Officer,
asserted that the garages were illegally converted without a
building permit, and in violation of various provisions of the
City'S Land Use Regulations.
After numerous discussions with the Planning Office regarding
these issues, the staff agreed to allow the unit owners in
question to address the alleged violations in connection with
an application to amend the Dolomite Villas condominium maps.
The owners were advised, however, that approval of the
requested amendment would be dependent upon the ability to
demonstrate compliance with applicable regulatory require-
ments. In the event compliance could not be demonstrated, the
garages in question would have to be converted to their
original use and configuration.
It shOUld be noted that this application is limited to the
alleged violations which pertain to Units 1, 2, 3, 8 and 9.
The owner of Unit 7 has informed Dolomite Management that he
will proceed on his on behalf to address issues pertaining to
his unit. Copies of the May 29, 1991, letter from Bill
Drueding and your January 24, 1992, notice have been forwarded
to the owner. Further correspondence regarding Unit 7,
therefore, should be sent directly to the unit's owner or,
forwarded to him via Dolomite Management.
"
/"""'-.,
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Ms. Kim Johnson
January 30, 1992
Page 3
project site
As the accompanying property survey illustrates, the Dolomite
Villas condominiums are located on Lots 1 through 6, Block 4,
of the Connor's Addition to the City of Aspen. The property
contains approximately eighteen thousand (18,000) square feet
of land area, and is presently zoned L/TR, Lodge/Tourist
Residential. The property is bounded on the north by Juniata
street, on the south by Snark street, and on the west by South
Monarch street. The eastern property line abuts the so-called
Aspen Mountain Subdivision/PUD. Man-made improvements to the
property are limited to the two condominium buildings and
their adjacent parking areas.
It should be noted that the property was zoned AR-l, Accommo-
dations Recreation, at the time the Dolomite Villas were
constructed. Based on a review of the various zoning maps
contained in the city's Engineering Department, the property
appears to have been rezoned to L-2, Lodge, on April 28, 1975,
in connection with the city-wide rezoning which occurred
pursuant to Ordinance No. 11, Series of 1975. The property's
current L/TR designation reflects the adoption of the current
Aspen Land Use Regulations in May of 1988, and the resulting
merger of the L-l and L-2 zone districts.
Regulatory Compliance
In his May 29, 1991, letter, Bill Drueding identified three
(3) specific requirements of the Land Use Regulations which he
believed the garage conversions violated. Each of these
alleged regulatory violations is discussed in detail below.
1. Required Off-Street parking
section 5-303 of the Regulations requires that one (1)
parking space per bedroom be provided for residential uses in
the L/TR zone district. section 5-301.C. states that "No
development shall reduce the number of existing off-street
parking spaces below the minimum number of spaces required
herein... unless expressly exempted by this division." Bill,
I believe, interprets this section to mean that the Dolomite
Villas' original parking cannot be reduced, as the project
does not comply with current parking requirements. While I
agree with his interpretation of the relevant regulatory
language, I do not agree that the garage conversions have
increased the project's parking non-conformity.
The zoning regulations which were in effect at the time
the project was constructed required a minimum of one (1)
,.,.
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Ms. Kim Johnson
January 30, 1992
Page 4
space per dwelling unit for multi-family residential uses (see
Exhibit 6, 1972 Municipal Code, Section 24-9(f). Based on
this requirement, the twelve (12) unit Dolomite Villas project
would have required twelve (12) off-street parking spaces. As
discussed previously, six (6) parking spaces were provided in
the garages of units 1 through 3 and 7 through 9. As the
construction plans for Building No. 1 illustrate, surface
parking for three (3) additional cars was provided adjacent to
unit 6. The remaining three (3) required spaces were provided
adjacent to unit 10.
As the property survey illustrates, four (4) separate
parking areas are presently provided on-site. Based on the
dimensional requirements of Section 5-302.A. of the Regula-
tions, these areas will accommodate a minimum of twelve (12)
parking spaces. Consequently, it is my opinion that the
conversion of the six (6) garages to habitable space did not
violate the provisions of section 5-301.C., as the project's
original parking requirement continues to be met on-site. As )
the 1972 Municipal Code did not require that off-street
parking spaces be enclosed, the substitution of six (6)
surface parking spaces for the six (6) converted garages meets
the project's original parking requirement.
In summary, the Dolomite Villas's off-street parking
conformed to the zoning regulations in effect at the time the
project was constructed, i.e., one (1) off-street parking
space per dwelling unit. While the project's parking is
obviously non-conforming with respect to current regulations,
the garage conversions did not reduce the number of available
off-street parking spaces below the original twelve (12) space
requirement. A minimum of twelve (12) parking spaces can be
provided on-site, all of which meet the current dimensional
requirements of the Land Use Regulations.
It should be noted that portions of the existing surface
parking areas are encumbered by individual driveway easements
which were created in connection with the project's original
condominiumization. The easements inure to the owners of
units 1 through 3 and 7 through 9, and were created to provide
access to the garages across the proj ect 's general common
elements. As the garages no longer exist, the Condominium
Association proposes to remove the easements in connection
with the proposed amendment of the condominium maps. The
amended condominium maps will also depict the twelve (12)
surface parking spaces. To ensure their availability, the
'spaces will be delineated on the ground and appropriately
signed.
"
,,.-.,,,
".......,.
Ms. Kim
January
Page 5
Johnson
30, 1992
2.
Minimum Lot Area per Dwelling unit
Section 5-215.D.2. of the Land Use Regulations establish-
es the minimum lot area per dwelling unit requirements for the
L/TR zone district. For multi-family dwellings, the applica-
ble requirement is one (1) bedroom per one thousand (1,000)
square feet of lot area. Based on this requirement, a maximum
of eighteen (18) bedrooms could theoretically be constructed
on the property under current zoning. As the Dolomite Villas
contained at least forty-eight (48) bedrooms when constructed,
the project is non-conforming with respect to current minimum
lot area requirements. In his letter, Bill asserted that the
conversion of the six (6) garages to bedrooms further in-
creased this existing non-conformity.
Section 3-101 of the Regulations defines a non-conforming
structure as any structure which was established pursuant to
the zoning laws in effect at the time of its construction, but
does not conform to the current dimensional requirements of
its underlying zone district. Pursuant to section 9-103.C.1.,
"A non-conforming structure shall not be extended by an
enlarg_ent or expansion that increases the non-conformity."
A non-conforming structure, however, may be altered in a
manner that "does not change or that decreases" an existing
non-conformity.
At the time the Dolomite Villas were constructed, the-
minimum lot area requirement for multi-family dwellings in the \
AR-l zone district was fifteen hundred (1,500) square feet per
"unlimited unit" (see Exhibit 6, section 24-6). An unlimited .
unit was defined as "two or more rooms in addition to kitchen ~
or bath facilities" (see Exhibit 6, section 24-2. (f) (2).
Based on this requirement, the twelve (12) unit project was
conforming with respect to minimum lot area per dwelling unit
when constructed, as the property contains eighteen thousand
(18,000) square feet of land area. Eighteen thousand (l8,OOO)
square feet of land area divided by fifteen hundred (1,500)
square feet per dwelling unit equals twelve (12) units.
As shown on the accompanying construction plans for
Building No.1, three (3) bedrooms are clearly identified in
each of the six (6) dwelling units. Additional rooms which
were originally designated as studies, recreation areas, and
hobby rooms, however, appear to have been relabeled as
bedrooms or convertible bedrooms. To further complicate the
issue, the attached application for a water tap for Building )
No. 1 (see Exhibit 7) indicates that Units 1 through 6
contained a total of twenty-four (24) bedrooms, or four (4)
bedrooms per unit.
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January 30, 1992
Page 6
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Unfortunately, it is unknown as to who revised the plans,
or why the original designations were changed. I believe,
however, that the bedroom issue is moot, as the 1972 zoning "(/~
regulations contained no limitation as to the number of
bedrooms which could be constructed in a multi-family project.
The bedroom count was apparently used solely for the purpose
of calculating the project's required water tap fee. The
relevant issue, therefore, is whether or not the conversion of
the garages increased the project's non-conformity with
respect to the minimum lot area per dwelling unit requirement
of the current Regulations.
Units 1, 3 and 8 presently contain four (4) bedrooms
each, including the converted garage areas. Units 2 and 9
each contain five (5) bedrooms. As at least four (4) bedrooms
per unit were identified upon payment of the water tap fee,
only Units 2 and 9 have increased their bedroom count beyond
that which was in place at the time of construction. Tp/~- ),
mitigate this debatable increase in non-conformity, the owners
of the two units have agreed to remove their fifth bedroomSv '
and to covert the areas in question to an acceptable use. I~
is anticipated that the areas will be converted to laun-
dry/storage rooms, as they do not meet the Uniform Building
Code's requirements for occupancy as a bedroom.
In summary, no limitation was imposed by the 1972
Municipal Code on the number of bedrooms which were originally
constructed at the Dolomite Villas. While the units in
questions are obviously non-conforming with respect to the
current Regulations, at least four (4) bedrooms per unit were
identified in connection with the payment of the original
water tap fee. The removal of the fifth bedroom in Units 2
and 9 will bring the units into conformity with the original
bedroom count. As a result, no increase in non-conformity
with respect to minimum lot area per dwelling unit will have
occurred as a result of the garage conversions.
3. External Floor Area
Section 5-215.D.I0. of the Land Use Regulations estab-
lishes a floor area ratio of 1:1 for multi-family structures
in the L/TR zone district. In his letter, Bill asserted that
the conversion of the garages to habitable space increased the
project's total floor area, as garages are currently exempt
(Le., to a maximum of 500 square feet) from floor area
calculations. Apparently, Bill believed that the buildings
were non-conforming with respect to floor area, and that the
enclosure of the garages increased this non-conformity in
violation of the provisions of Section 9-103.C.l.
r-,
o
Ms. Kim Johnson
January 30, 1992
Page 7
While the zoning regulations in effect at the time of
construction also limited total floor area to 1:1, the
definition of what constituted floor area was significantly
less sophisticated. The 1972 Municipal Code defined floor
area ratio simply as the "Ratio of the total floor area of
structure or structures and total area of building site" (see
Exhibit 6, section 24-2(nn). No exemptions were specifically
provided from the calculation of floor area. As the garages
were included in such calculations at the time buildings were
constructed, their subsequent enclosure did not increase the
buildings' floor area. Similarly, as no increase in floor
area occurred, the garage conversions did not violate the non-
conforming structure provisions of the current Land Use
Regulations.
Building Permits
c::
"~,
with respect to the conversion of the garages without a
building permit, the owners of Units 1, 2, 3, 8 and 9 have
agreed to have the conversions inspected by the Building
Department for compliance with applicable Uniform Building
Code requirements. The owners have also agreed to obtain such
permits as may be required, and to make such improvements as
are reasonably necessary to address basic life, safety and
health concerns. While the appropriate building permits
should have been obtained prior to the garage conversions, it
should be noted that most, if not all, of the conversions
occurred prior to the current owners I purchase of their
respective condominium units.
Should you have any questions, or require additional informa-
tion, please do not hesitate to call.
Very truly yours,
SV:cwv
Attachments
CITY OF ASPEN
. PRE-APPLICATION CONFERENCE SUMMARY.
PROJECT:Jhf~~ lH.- - (1J./r fJ..&I ~,
APPLICANT I S REPRESENTATIVE: ~-4" ':::J ~
REPRESENTATIVE'S PHONE: ) - fcf15"/3
OWNER'S NAME: en.k ~/. (I ead~ &z.r'Y\lJ\A-)
SUMMARY
Type of Application: / 9fr ~ c, C,
2 . ~,Describe
4~~O
1),
"
1.
3.
r'\
, '
/;jz~
EXHIBIT 1
,r-.,
action/type of development being requested:
1 rA4r4-h ~ v~~),
Areas
types
Policy Areal
Referral Aaent
pplicant has been requested to respond,
requested:
Comments
~
~
4.
Review is: (P&Z
(P&Z then to CC)
5.
Public Hearing: ~ o~~Ni~~
Number of copies of the a~~i~~ to be submitted: ~
What fee was applicant requested to submit: :$ ?~O f 1.25" :::=~ t' 0 5
Anticipated date of submission: / Ii /92- '
I I
6.
7.
8.
9.
COMMENTS/UNIQUE CONCERNS:
frm.pre_app
-It#.- ~
I DOLOMITE VILLAS OF ASPEN
Your townhouse on A;ax Mountain.
January 17, 1992
Mr. Sunny Vann
C/O Vann Associates, Inc.
230 E. Hopkins Ave.
Aspen, Colorado. 81511
RE: Garage Conversions.
Dear Sunny;
On behalf of the Dolomite Villa Home Owners Association, Dolomite
Management is hereby empowered to act on behalf of the
Association with respect to the above referenced. The amendments
to the Condominium Plat Map and Condominium Declaration shall be
updated to reflect appropriate changes to mitigate current zoning
problems as referenced to units 1,2,3 and 7,8,9.
Sincerely;
Dan Meisinger
_jj J1../ 2d
Ray Mehra
Anni Jakobi /
650 South Monarch Street · Aspen, Colorado 81611 · (303) 925-7624
,-,
1""'"',
EXHIBIT 3
December 19, 1991
HAND DELIVERED
Ms. Kim Johnson
Aspen/Pitkin Planning Office
130 South Galena Street
Aspen, Colorado 81611
Re: permission to Represent
Dear Ms. Johnson:
Please consider this letter authorization for Sunny Vann of
Vann Associates, Planning Consultants, to represent us in the
processing of our application to amend the condominium map of
the Dolomite Villas, which are located at 650 South Monarch
Street in the city of Aspen. Mr. Vann is hereby authorized to
act on our behalf with respect to all matters reasonably
pertaining to the aforementioned application.
Should you have any questions, or if I can be of any further
assistance, please do not hesitate to call.
Sincerely,
DOLOMITE VILLAS CONDOMINIUM ASSOCIATION
Ldak
Tim Clark
General Manager
650 South Monarch Street
Aspen, CO 81611
(303) 925-7624
...,....,,,,,,, 'I'l,)rc\" IIUN Ofl'ARTMI:NT
EX
fXl CITY Of ASPEN -COUNTY OF PITKII;jO: COLORADO HIBIT 4
ADD~ T "\ r~! GENERAL 1t*16.5
OF 650 Mon arch CONS~UCTI8N
JUlIn - lPERM 944 *
WHEN SIGNED AND VALIDATED BY BUILOING INSPECTION DEPARTMENT THIS.PERMIT AUTHORIZES TH'l'Jl'B~RtBED ~~:o ~***11/8.
CLASS OF WORK: NEW D; ADDITION 0 ALTERATION 0 REPAIR 0 MOVE 0 WRECK 0
OWNER
NAME Stefan Senoner ADDRESS P.O. Box 2678 PHONE 925=2217
'" LICENSE LICENSE
~ NAME (AS LICENSED) A &G Builders CLASS A NUMBER
.INSURANCE
'" ADDRESS New Castle , 984.2336 Xl
... PHONE
%
8 SUPERVISOR
FOR THIS JOB NAME A1vie A. Gray DATE CERTIFIED
LEGAL 1_.~ 4 Addition
DESCRIPTION LOT NO. BLOCK NO. ADD.TION Conner
SURVEY ATTACHE"{J DESIGN A l.le.
BY Gerald H. pesman BY Joseph gxx ifxmdmx Krabacher PE NO.
, AR"'(s.f~ HEIGHT NO. TOTAL OCCUPANCY .-
sf ,
AT GRAD< 18 000 (FEET) 7 STORIES 3 UNITS 6 GROUP OIV.
BASEMENT FIN. 8$ WfjfaCfE SINGLE 0 ATTACHEOO TOTAL TYPE :b:'RE
UNF'N. 0 3 w /ha.s.e@Iib-AcHEo 0 ROOMS 44 COH$TR. frame/stucc %ONE
OEPTH FIR.ST SIZE SPACING SPAN AUTHORIZED
BELOW AGENCY DATE
% GRAOE #. 18" FLOOR 2x10 16" 14' BY
0 '" 'p,ILOING
~ EXTERIOR ... 2Ild.f1.2xlO ~ 14' R VIEW
'"
FOOTING 24" 0 CEILING ~
SIZE SlxBx ZONING
CI CONCl] ...
% EXTERIOR
::I FDN. WALt ROOF 12' PARKING
0 THICKNESS 8" MAS'V 0 2x8 16"on center
...
THICK ~ CAISSONS 0 ROOFING PUBLIC HEALTH
SLAB , & GR. BEAMS MATERIALRui1t_un Tar and Gravel
MASONRV ABOVE 2x6 ABOVE 2x4 t.tOrtR. 2 x4 ENGINEERING
EXTERIO" THICKNESS 1ST FLR. 2ND FLR.
WALL STUO SIZE ABOVE 2x6 ABOVE 2x4 ABOVE 4
& SPACE 1ST FLR. 2ND FLR. 3RD FLR. 2 x
REMARKS New Construction _Townhouse
NOTES TO APPLICANT:
FOR INSPECTIONS OR INFORMATION CALL 925 ~ 7.336
FOR All WORK DONE UNDER THIS PERMIT THE PERMITTEE ACCEPTS FUll RESPONSIBILITY FOR VALUATION $ 170 000 00
COMPLIANCE WITH THE UNIFORM BUILDING CODE; THE COUNTY ZONING RESOLUTION OR CITY
ZONING ORDINANCE. AND All OTHER COUNTY RESOLUTIONS OR CITY ORDINANCES WHICHEVER OF WORK ,.
APPLIES.
SEPARATE PERMITS MUST BE OBTAINED FOR ELECTRICAL, PLUMBING AND HEATING, SIGNS, PLAN <> TOTAL FEE
SWIMMING POOLS AND FENCES. FILED T P
PERMIT EXPIRES 60 DAYS FROM DATE ISSUED UNLESS WORK IS STARTED. 296.50
REQUIRED INSPECTIONS 'SHALL BE REQUESTED ONE WORKING DAy..... ADVANCE. OOUBLE I CHECK eg $ 148.25p1ck
ALL. fiNAL INSPECTIONS SHALL BE MADE ON ALL ITEMS OF WORK BEFORE OCCUPANCY IS PERMITTED. FEE 0 CASH 0
THIS BUILDING SHALL NOT BE OCCUPIED UNTIL A CERTifiCATE Of OCCUPANCY HAS BEEN ISSUED. 0 BUILDING DEPARTMENT
PERMIT SUBJECT TO REVOCATION OR SUSPENSION FOR VIOLATION OF ANY LAWS GOVERNING SAME. f:~.~~
SIGNATURE Of () ~~ I, -13-?2..
APPL?JANT: :J ~
DATE
, J ~TE PERMIT NO. LICENSE # RECEIPTS CLASS AMOUNT
THIS FORM IS A PERMIT ONLY
WHEN VALIDATED HERE ) OS/l8/7 160-72
n.le'nc,-.'T,...."',. ,..,.......,
;,;-."
Aspen/Pit
130
ASR
(303) 9Z "
~.
EXHIBIT 5
anning Office
treet
1611
920-5197
May 29, 1991
Messrs. Ty Melton and Tim Clark
Dolomite Villas
650 South Monarch
Aspen, CO 81611
RE: units 1, 2, 3, 7, 8 and 9
Dear Mr. Melton and Mr. Clark:
On May 1, 1991, it was discovered that the above-listed
condominium units were under alterations without the required
building permits. A STOP WORK ORDER was issued. Subsequent-
inspections revealed that the garages had been converted to
bedrooms or living space. Investigation indicates that this work
was done without proper permits and further violates the
following City of Aspen Land Use Regulations.
section 5-303 for the LOdge/Tourist Residential (L/TR) zone
~istrict, which Dolomite Villas are, states a residential use:
One (1) space per bedroom required. ...section 5-301(C) states:
"No development shall reduce the number of existing off-street
parking spaces below the minimum number of existing spaces
required herein for tl::,Pt development, unless expressly exempted
by this division." phe building did not have the current
required parking and cannot reduce the parking further.
The conversion of the garages to living space increases the
following non-conformities in violation of the city of Aspen Land
Use Code. I used the Dolomite villas Condominium map (Book 4.
Pages 337-343) in my calculations.
. ~/ . .
Sect~on 5-214(0) (2), M~n~mum lot area per dwelling unit (square
feet) : I
~ulti-familY dwellings: One (1) bedroom - per one
thousand (1,000) square feet of lot area, provided that
a studio shall be considered a one (1) bedroom unit.
@ recycf~d paper
-;-"
(",
Messrs. Melton and Clark
May 29, 1991
page Two
The lot does not have the size required to meet the minimum or to
increase the number of bedrooms. The lot size is 18,000 square
feet which, under current codes, would allow 18 bedrooms for the
condominium building.
Section 5':'214 (D) (10) states that external floor area ratio is
1: 1. The conversion of the garage, which would be exempt from
floor area calculations, to bedrooms, increases your total floor
area. My calculations indicate that this would exceed the above
allowable requirement.
The Planning Office discussed the above problems and failed to
find any current planning review process which would legitimize
the above violations.
The city of Aspen Board
appeal this decision.
process.
of Adjustment is available if you want to
I would be glad to assist you in this
If the Aspen Board of Adjustment fails to give you relief, than
the only solution I see would be to apply for building permits to
revert the illegalities to their original configuration and use.
The City Attorney and I would be available to meet with you or
your representatives to discuss this problem in hope that we
could come to a solution and avoid possible protracted
litigation.
I remain available to answer any questions you may have.
Sincerely,
ASP~/PITKIN ~~ING OFFICE
LUJl~CI--- t~uL~
William L. Drueding l
Zoning Enforcement Officer
WLD/clc
cc: Jed Caswall, City Attorney
Amy Margerum, Planning Director
Francis Krizmanich, Zoning Deputy Director
Gary Lyman, Chief Building Official
Spencer Schiffer, Attorney
:
.r--.,
r--.,
EXHIBIT 6
\.
Municipal Code
CITY OF
ASPEN, COLORADO
Adopted, November 22, 1971
Effective, January 1, 1972
PUBLISHED BY ORDER OF THE CITY COUNCIL
MUNICIPAL CODE CORPORATION
TALLAHASSEE, FLORIDA 1971
.
1""'.
~
S 24-2
ASPEN CODE
S 24-2
Sec. 24-2. Definitions.
For the purpose of this chapter, certain words or phrases
are defined as follows:
When not inconsistent with the context, words used in the
present tense include the future; words in the singular num-
ber include the plural number; words in the plura! number
include the singular number, and the masculine includes the
feminine. The word "shall" is mandatory, the word "may" is
permissive.
(a) Accessory building: A detached subordinate building,
the use of which is customarily incidental to that of the main
building or to the main use of the land and which is located on
the same lot or parcel with the main building or use. Ac-
cessory buildings shall not be provided with kitchen facilities
sufficient to render them suitable for permanent residential
, occupancy.
(b) Accessory use: A use naturally and normally inciden-
tal to, subordinate to, and devoted exclusively to the main use
of the premises.
(c) [Repealed by Ord. No. 19-1967, ~ 1]
(d) Alley: A public way permanently reserved as a sec-
ondary means of access to abutting property.
(e) Building: Any permanent structure built for the
shelter or enclosure of persons, animals, chattels or property
of any kind, and not including advertising sign boards or
fences.
(f) Dwelling unit: Two or more rooms, in addition to
kitchen or bath facilities in a building intended or designed for
occupancy by a family or guests independent of other
families or guests.
(1) Limited-One room, indivisible, except for included
kitchen or bath facilities.
(2) Unlimited-Two or more rooms, in addition to kitchen
or bath facilities.
1470
r.,
,1""'\
~ 24-2
ZONING
S 24.3
(mm) Building site: Area of lot or lots upon which struc-
ture or structures may be erected, including open spaces and
public arcades.
(nn) Floor area ratio (f.a.r.): Ratio of total floor area of
structure or structures and total area of building site.
(00) Open space: A portion of a building site, one side of
which shall be open to a street, unobstructed from ground
level to sky, and which shall not be used for storage,
trash collection, parking or structures of any nature, except
fountains, pathways, fences and landscaping.
(pp) Boarding house, rooming house, dormitory: A build-
ing or portion thereof other than a hotel, motel, lodge or
multiple family dwel!ing wherein lodging and/or meals are
provided for six (6) or more persons for compensation, such
compensation may include money, services or other things of
value. (Code 1962, S 11-1-2; Ord. No. 19-1967, SS 1, 2; Ord.
No_ 42-1968, S 1; Ord. No. 19-1969, ~ 3; Ord. No. 9-1970,
sa)
Sec. 24-3. Districts.
(a) Establishment of distriets: In order to carry out the
provisions of this chapter, the City of Aspen, COlorado, is
hereby divided into the following zoned districts:
R-40 Residential
R-39 Residentia!
R-15 Residentia!
R-PC Residential planned community combining area dis-
trict
R-6 Residentia!
R-MF Residentia!-multiple family
AR-1 Accommodations, recreation-urban
AR-2 Accommodations, recreation-suburban
C-1 Commercial
C-2 Commercial
P Park
1475
r-.
S 24-5
ZONING
Minimum front yard
1. Principal building except
patio house ................m.....m..
2. Patio house on periphery
of project ...,...........................
3. Accessory building .......n.....
Minimum side lIard
1. All buildings except patio
and row house ...........n......n.
2. Patio and row house on
periphery of project ,n'H' .
Minimum rear yard
1. Principal building, except
patio house .._......_nn....m....
2. Patio house on periphery of
project _.......n.n..n..............m
3. Accessory building __~~h__m___
Maximu,,, height of buildings
1. Principal building except
patio house .....n,...........'...n...
2. Patio house and buildings
accessory thereto .'...nn'....n
3. Accessory buildings .......n...
,"-""
~ 24.6
10 feet
10 feet
15 feet
5 feet
5 feet
10 feet
10 feet
5 feet
25 feet
12 feet
21 feet on the front
two-thirds of the
lot and 12 feet on
the rear one-third
of the lot
Minimum off-street papking 'n as required under supple-
mentary regulations.
(Code 1962. g 11-1-5; Ord. No, 25-1969)
Sec. 24-6. Accommodations recreation.
(a) AR-l ACCOMMODATIONS RECREATION-UR.-
BAN: Intention-to allow utilization of land for accommo-
dations and recreation purposes with accessory commercial
uses as wen as for residential purposes with customary acces-
sory uses. Recreational and institutional uses commonly found
in proximity with residential use8 are allowed.
1485
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r\
S 24.6
ASPEN CODE
S 24.6
Uses - Permitted
1. One-family dwelling, two-family dwelling, multiple
family dwelling, accessory building and use, home
occupation;
2. Boarding house, rooming house, dormitory;
3. Hotel, mote!, lodge, includiug incidental business within
the principal use as required to serve the principal use;
4. Medical and dental clinics, professional offices;
5. Open-use recreation site and ski lifts, recreation club,
theater, assembly han, schoo!, church, hospital, public
building for administration;
6. Patio and row house-provided a total project of 25,000
square feet in area is developed to accOmmodate re-
quired off-street parking, internal pedestrian circula-
tion and minimum setbacks for the district on the
periphery of the project;
7. Restaurant, tea room-provided aU facilities for prepa-
ration of food are located within a building on the lot;
8. Retail and service commercial uses accessory to ski
lifts and golf courses including food and beverage
service, sale, rental and repair of sports equipment
to be used in conjunction with the recreation activity
provided on the site:
9. Fence, hedge and wan-subject to requirements under
supplementar3' regulations;
10. Residential and institutional identification sign, direc-
tiona! sign, for-sale sign-subject to requirements
under supplementary regulations;
11. Business advertising, identification sign-subject to
area limitations listed herein and supplementary regu-
lations.
Uses - Conditional
12. Shop-craft type industry-subject to approval of the
board of adjustment.
Minimum lot area
1. One-family dwelling
2. Two-family dwelling
6,000 square feet
3,000 square feet per
dwelling unit with
1486
r-,
Ii 24.6 ZONING
3. Patio house, row house .....
4. Multiple family dwel!ing,
hotel, motel, lodge '..m.__.",.
5. Boarding house. rooming
house, dormitory ....m......'____
6. All other uses .......m..........
Minimum lot width
1. AU dwel!ing and accommo-
dations units except patio
and row house .m"",UU""''''.
2. Patio and row house .....__..m
3. All other uses ._.__nn______._._..__
Minimum front yard
1. Principal building except
patio house mum...__....um....
2. Patio house on periphery of
project .....m.....mm._um.......
3. Accessory building ..mm...m
Minimum side yard
1. AU buildings except patio
and row house m...mum.....'"
1487
.,-",
Ii 24.6
a minimum lot area
of 6,000 square
feet.
1,500 square feet
1,500 square feet per
unlimited unit and
750 square feet
per limited unit
with a minimum
lot area of (\,000
square feet.
500 square feet per
limited or unlimit-
ed dwel!ing unit or
per four persons
of total capacity,
whichever is more
restrictive, with, a
minimum lot are~~
of 6,000 square
feet.
3,000 square feet.
60 feet
25 feet
30 feet
10 feet
10 feet
15 feet
5 feet
,
r.,
~ 24.6 ASPEN CODE
2. Patio and row house on pe-
riphery of project ..u.u.........
Minimum rear lm,'d
1. Principal building except
patio house mmmu........u.....
2. Patio house on periphery of
project ...m.m..m....mu..........
3. Accessory building .m.....m..
Maximum height of buildings
1. Principal building except
patio house .m.......m'....mU...
2. Patio house and buildings
accessory thereto .......nnU...
3. Accessory building ...., ........
,1"""\
~ 24.6
5 feet
10 feet
10 feet
5 feet
28 feet
12 feet
21 feet on the front
two-thh'ds of the
lot and 12 feet on
the rear one-third
of the lot.
Further provided that the total floor area of the <Jtruc-
ture above ground shall not exceed one (1) times the
total lot area of the building- site on which the structure
is located.
Minimum off-st.'cct parking .... as required under supple-
mentary regulations
Distance between buildings-no accessory building sball be
constructed within ten (10) feet from a primary building or
dwelling.
Maximum sign area
1. Business advertising, identification sign in conjunction
with permitted uses, except residences, provided each
sign identify a business occupying the premises. The
aggregate sign area permitted along anyone street
shall not exceed one square foot of sign area for each
three feet of lot line footage occupied by or projecte;;
from the building within which the principal use is
conducted. Uses fronting on an alley shall compute'
, 1488
<
r'"
r-",
~ 24.6 ZONING
~ 24-6
their sign area allowance by considering the alley as
their lot line frontage. In no case shall the aggregate
sign area for anyone use on anyone frontage exceed
twenty square feet. There may be a combination of the
following sign types including a free-standing sign and
wall signs, including cut-out letter signs, subject to the
following limitations:
a. Wall sign-shall not exceed ten square feet on
anyone building wall, exclusive of cut-out letters:
b. Office building registry-a wall sign' or free-
standing sign identif,'ing included offices, not to
exceed one square foot of area per office: such
sign shall be excluded from regular sign area and
quantity limitations.
(b) AR-2 ACCOMMODATIONS RECREATION-SUB-
URBAN: Intention-as provided under the AR-l accommo-
dations recreation district regulation.
Uses - Permitted-as provided under the AR-l accom-
modations recreation district regulations.
Uses - Conditional-as provided under the AR-l accom-
modations recreation district regulations.
MinimU'ln lot area
1. One-family dwelling muuno 15,000 square feet
2. Two-family dwelling mm _.. 7,500 square feet per
dwelling unit with
a minimum Jot
area of 15.000
square feet
3. Patio house, row house um. 2.000 square feet
4. Multip!e famil3' dwelling mm 2,000 square feet per un-
limited unit with a
minimum lot area
of 15,000 square
feet
5. Boarding house, rooming
house, dormitory uunom"'"
500 square feet per
four persons of to-
1489
.
Ii 24-9
,-"
,-",
ASPEN CODE
Ii 24.9
A variance from the maximum height limitation may
be granted by the board of adjustment, on building
sites where the grade percentage is 10ro or over and
where hardship would result from the strict enforce-
ment of this section. Requests for variances must be
accompanied by drawings showing plot plan, contours
and cross sections of th~ building site and proposed
structures.
(f) Off-street parking:
Required off-street parking shall be provided for
each use as required below in all zone districts. All
requirements for parking based on square feet of floor
area shall include only that floor area which is devoted
to the principal use and not including floor area devoted
to storage, utilities, restrooms, lobbies, and mainte-
nance of the premises. For all uses requiring parking
spaces in ratio to floor area, at least one space shall be
required for any use not meeting the minimum floor
area ratio standard.
One-family dwelling One space per dwelling
Two-family dwelling One space per dwelling unit
Dwelling, multiple-
family One space per dwelling unit
Boarding or rooming
house One space per 200 square feet
devoted to accommodations
plus one space for each in-
c!uded dwelling unit
Dormitory One space per 200 square feet
devoted to accommodation
activities
Hotel, motel, lodge Two spaces per three limited
units;
One space per unlimited
dwelling unit
Assembly areas-In- Two spaces per 1,000 square
tensive uses feet
Bowling alley, assem-
b!y area only, churches,
1512
___ ,,' ..,t"'.i~~U,.:~.i...-- .
,-., ., "
",,' ..,,~
o APPLICATION AND PERMI:r FOR W'!"_.
,/
,
, ~
NAME OF APPLICANT
EXHIBIT?
,'Y,.,..,
-. .}~~::.~:;;L_~?;-t2;., ,~'.:':J'~'..::..:,~_,,__~___.,.,.
.- :.-'--...--- -No;~a3~'~ ,-----
<':':'n 0.--.,. 'I..~?j **!1,'""lh" .
"- -' .. -. DATE. 9// 9' / ,,>
'COMPUTATIOISt::Q~'fE80'~JI,)1...
VALUE C:CH..Eg~~0
~,
.$,
- - '';'~.,'?+'-'-' --..
I
8EDROOMS
KITCHENS'-- .. ...
lIVING,DINING_COM8.V.O'T=,~.::, '_' .,.".
lIVINGROOM(SEPARATE}u, , .,
'. DINING.ROOM(SEPARATE)....
GAR8AGE DISPOSAL
, DISHWASHER
AUTOMATIC WA'SRER-' ." -...-..-- ,.
8ATH TU8-SHOWER
TOILET - URINAL
LAVATORIES
SINK
. SWIMMING POOL..
AUTOMATIC FIRE CONTROL
4 I P<l.
'IP .- --' I
-lIP"',''';-, '
.- -.. I
,~
.<:
'. . .... "
"'."':. '.
,
/t1.zJ
. . .. ~,. : .
,'.,.'. ;': TOTAL .
FIRST
NElH----"'-- .
~.. ~ ,."""'
NEXT .'::..:.:',.,'
SIZE OF TAP ~ / /
,
-..--'--
IMPORTANT
, TAP FEE IS SUBJECT TC)"RMSION'Y<UPOr.r';
SURVEY OF COMPLETED STRUCTURE. ALL
ADDITIONS TO STRUCTURE AT LATER
DATES ARE SUBJECT TO AN ADDITIONAL
,FEE AS DETERMINED BY THE TAft FEE , .,
SCHEDULE. THIS TAP FEE IS IN ADDITION
TO ANY SPECIAL PAYMENT FEES
WHICH MAY BE APPLICABLE.
TAP PERMIT
.
THE TAP FEE IS PAID AND PERMISSION TO TAP THE WATER MAINS OF THE
CITY OF ASPEN IS HEREBY GRANTED IN ACCORDANCE WITH THE ORDINANCES
OF THE CITY OF ASPEN.
SIGNATURE OF APPLICANT
,~/? / ~ .:2-._
~7c?~
FLAT RATE SERVICE
.. ;':~:;CUSIQ.MERNO.
CUSTOMER COpy
~
.~
~
i
"f
t,.
Cit~'I"l\~~~:~,P.. en
. \ \",," .'1 ~: '.
130 ,...". ' ,....treet
~,......, '.-.
AsI-f....; . '."~;' .611
- f - .
-~ . ""'- -... '-"'S
~'~.~:. .'\',; ,,,
sunny Vann
230 E. Hopkins
Aspen, CO. 81611
'.
January 24, 1992,
HAND DELIVERED
RE: Dolomites Condominium Plat Amendment
Dear Sunny,
Planning staff has had recent discussions about this case and
the fact that an application has not yet been submitted to this
office. We have had numerous meetings with representatives of the
Dolomites (beginning in early October) in an effort to help speed
along'resolution of the red tag for the 6 units issued in May,
1991. Since your joining the Dolomite project and holding a pre-
application conference with me on November 26, 1991, Planning
expected the official application to be tendered by the first of
January.
It has recently come to the attention of staff that a rental
advertisement offers units at the Dolomites. Staff believes that
these rental units/bedrooms may be the subject of the red tag and
therefore are being illegally occupied. The Dolomites must
continue diligence in clearing up the problems at hand.
In consultation with the city Attorney, the Planning Office
requires that the application for condo plat amendment must be
submitted within 5 working days of receipt of this letter. Failure
to do so will result in legal action to force vacation of the
illegally occupied bedrooms. You are welcome call me if there are
questions regarding this matter.
Sincerely,
~~
Planner
Attachment
cc: Diane Moore, City Planning Director
Jed Caswall, City Attorney
Bill Drueding, Zoning Official
Tim Clark, Dolomite Villa Condo. Association, 650 S. Monarch
@ recycled paper
.....
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.-
MESSAGE DISPLAY
TO
CC
Jed Caswall
Amy Margerum
CC
Kim Johnson
From: Diane Moore
Postmark: Dec 17,91 3:43 PM
Status: Previously read
Subject: Reply to: Dolomite Condos
--------~---------------------------------------------------------------------
Reply text:
From Diane Moore:
Kim is handling this with Sunny Vann as the Dolomites have hired him
to represent them. We have asked them to provide an updated survey to
determine issues ie. parking, bedrooms, etc...however, I have a
sneaky feeling that they are stalling to maximize use of condo's for
winter season. I will tell Kim to give them a deadline; otherwise, I
have NO PROBLEm going to court with them. This one annoyes me.
Preceding message:
From Jed Caswall:
Is anything happening on this? Last thing I heard on matter was call
from Glen Horn. Looks like we will have to enforce our red tag and go
to court to compel demo of additions?
-------========x========-------
r-",
r.,
Aspen/Pit
130
Asp
(303) 92 .
ing Office
treet
611
Sunny Vann
230 E. HopKins
Aspen, CO. 81611
November 23, 1992
RE: Dolomite Villas Extension for Recordation
Dear Sunny,
Thank you for your November 23,1992 letter briefing, me on the
status of the Dolomites document preparation. I spoke to city
Planning Director Diane Moore regarding your request to extend the
filing deadline for 30 days. She and I both agree that substantial
effort has been made on the part of the DOlomite management and
owners. The signatures by the mortgagees are the only outstanding
pieces of the puzzle and should be forthcoming due to the diligence
of ,Tim Clark. Therefore, the Planning office is comfortable
granting the 30 day extension needed by the Dolomites. If further
timing difficulties appear on the horizon, please contact me as
soon as possible and we will discuss the situation.
Sincerely,
~
Kim Johnson
Planner
@ recycled paper
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\, '5 @ rp n ~/irs ~;
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/i ,\fOV 2 3 1992 f
U lH__ --.JLj if
VANN ASSOCIATES
Planning Consultants
November 23, 1992
HAND DELIVERED
Ms. Kim Johnson
Aspen/Pitkin Planning Office
130 South Galena Street
Aspen, Colorado 81611
Re: Dolomite Villas Insubstantial Plat Amendment
Dear Kim:
Condition #3 of Diane Moore's May 26, 1992, letter which granted approval for an
insubstantial plat amendment for the Dolomite Villas required that an amended
condominium map be recorded within one hundred ad eighty (180) days from the
date of the approval. The resulting deadline is today, November 22, 1992.
As we discussed, a revised condominium map has been prepared and executed by
the president of the Dolomite Villas condominium association. An amendment to
the condominium declaration has also been prepared and executed. Copies of these
two documents are attached hereto. Please note that the revised map deletes the
prior "Exclusive Use Areas" which provided vehicular access to the original garages.
The map also contains a note which limits the maximum number of bedrooms in
Units 1, 2, 3, 7, 8 and 9, and depicts all potential legal parking spaces.
The amendment to the declaration also contains the required bedroom limitation,
and provides for the vacation of the exclusive use areas. Please note that the
amendment requires that the president of the association provide a recordable
certificate indicating that a minimum of seventy-five (75) percent of the unit owners,
and all of the first mortgagees, have approved the amendment. While the approval
of the owners has been obtained, all of the first mortgagees have not yet agreed to
the amendment. As a result, we cannot record the revised condominium map and
amendment to the declaration at this time.
As the recordation deadline was a staff decision, and the Dolomite Villas have
demonstrated due diligence in meeting the conditions of their approval, the Appli-
cant respectfully requests a thirty (30) day extension in which to obtain the remain-
der of the mortgagees approval of the amendment. As you know, building permits
were obtained for the required improvements, and the work has been completed. A
certificate of occupancy is presently pending in the Building Department.
230 East Hopkins Avenue. Aspen, Colorado 81611 . 303/925.6958' Fax 303/920.9310
r
~\
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Ms. Kim Johnson
November 23, 1992
Page 2
To further document the bedroom limitation imposed on Units 1, 2, 3, 7, 8 and 9,
the Applicant proposes to record individual restrictive covenants which will tract with
the title to each unit. A quit claim deed from each unit owner to the condominium
association has also been prepared for their respective exclusive use areas. Copies of
the executed covenants and deeds are also attached hereto.
Should you have any questions, or if I can be of any further assistance, please do not
hesitate to call.
Yours truly,
SV:cwv
cc: Tim Clark
c:\bus\city.ltr~tr16891,kj5
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.---
~ - -~
AMENDMENT
TO
DECLARATION OF COVENANTS,
CONDITIONS AND RESTRICTIONS,
ESTABLISHING A PLAN FOR
CONDOMINIUM OWNERSHIP
OF
DOLOMITE VILLAS
The Cendeminium Declaration ef DelQmite Villas, as recQrded in BeQk 269 at Page
826 and amended in Book 279 at Page 23 ef the recQrds fQr Pitkin Ceunty, Colorado, is
amended as fQIIQws:
Paragraph numbered 3 is amended to prQvide:
3. Filing Qf Map; Amendment and Enlargement of the Proiect. The Map and
amendments thereto. shall be filed fer record in the office of the Clerk and Recerder of
..
Pitkin Ceunty, Celerado. Reference may be made to. the DeclaratiQn as a "prQtQt'jpe
Declaration to. enlarge the cendeminium prQject by joining with it the lands shown en the
Map as Parcel B,and the cQndominium units which have been cQnstructed and created
upon said Parcel B. An amended Map shall be signed by the President Qf the AssQriatiQn
serving at the time Qf amendment.
Paragraph 21.5 is amended to prQvide:
21.5 Amendment Qf DeclaratiQn. This DeclaratiQn may be amended or abrQgated
by the Qwners of seventy five percent (75%) of the interest in the commo.n elements and
all first mQrtgagees, effective when the document effecting such actio.n is recorded in the
office of the Clerk and Reco.rder Qf Pitkin CQunty, Colo.rado.. A certificate of apprQval of
amendment shall be signed by the President Qf the Association serving at the time stating
that the required owners and first mertgagees have amended the Declaration. Such
certificate shall be recorded in the records Qf the Clerk <lOd Reco.rder fo.r Pitkin Co.unty,
Colorado. and thereafter shall be prima facie evidence o.f the facts stated therein. An
,----
..--,
, Amended Declaration shaH be signed by the President of the Association serving at the time
of amendment and recorded in the records of the Clerk and Recorder for Pitkin County,
Colorado.
Paragraph numbered 21.6 is added to provide as foHows:
21.6 Bedroom Limitations. Units 1, 2, 3, 8, and 9 shall not have more than four
(4) bedrooms. Unit 7 shaH not have more than six (6) bedrooms. A bedroom is defined
as that portion of the unit intended to be used for sleeping purposes, which may contain
closets, may have access to a bathroom, and which meets Uniform Building Code
requir.ements for light and ventilation.
Paragraph numbered 21.7 is added to provide as follows:
21.7 Vacation of Exclusive Use Areas. The exclusive use areas shown on the
original plat recorded in Book 4 at Page 337 and the amendment thereto recorded in Book
4 at Page 389 of the records for Pitkin County, Colorado are vacated as exclusive use areas
and are designated as common elements.
Paragraph numbered 21.8 is added to provide as foHows:
21.8 As so amended, all terms, conditions and provisions of the Declaration of
Covenants, Conditions and Restrictions, Establishing a Plan for Condominium Ownership
of Dolomite Villas are ratified, affirmed and approved.
Dated this II
day of
;(/t1JI
,1992.
DOLOMITE V1LLAS OF ASPEN,
INCORPORATED
ATTEST:
~<,~~~
By
, President
, Secretary
2
.~,
~,
. .
III i.... O\'=>
, STATE OF GOLOP..'\DO )
'i)l> V~c.. ) ss.
COUNTY OF PITKI )
Subscribed and sworn to before me this ~ day of --r\OIlQhA b~\ , 1992
by Ra~ yY)Q.~ro. as President of Dolomite Villas of Aspen,
Incorporated.
Witness my hand and official seaL
My commission expires:
- 'ill :::;,-.
\ --;;-OFFlCIAL SE".L" ,
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"' Notary Public' ' ,
STATE OF COLORADO)
) ss.
COUNTY OF PITKIN )
Subscribed and sworn to before me this _ day of , 1992
by as Secretary of Dolomite Villas of Aspen,
Incorporated.
Witness my hand and official seal.
My commission expires:
......~
Notary Public
sfs:dolad9,24.dol
3
,
~
.'-"
QUIT CLAIM .DEED
RAMESH MEHRA, whose address is 3115 White Eagle Drive, Naperville, Illinois
60565, for and in consideration of TEN AND NO/I00 DOllARS ($10.00), in hand paid,
and other good and valuable consideration, the receipt and sufficiency of which is hereby
acknowledged, hereby sells, conveys, and quit claims to DOLOMITE VILLAS OF ASPEN,
INCORPORATED, whose address is 650 South Monarch Street, Aspen, Colorado 81611,
all of his right, title, and interest in and to the exclusive use area appurtenant to Unit 1,
Dolomite Villas Condominium, Parcel A, Building 1, according to the Condominium
Declaration thereof recorded in Book 269 at Page 826, and the Amendment thereto
recorded in Book 279 at Page 23, and the Plat thereof recorded in Book 4 at Page 337 and
the Amendment thereto recorded in Book 4 at Page 389 of the records for Pitkin County,
Colorado, to be held, used and otherwise treated as a common element in the manner
provided in the Condominium Declaration. and ?-yfap of Do19mite \'illn as amended from
time to time.
7_/"
Dated this _ day of
(hi
,1992.
~)~
Ramesh Mehra
STATE OF
)
) ss.
)
COUNTY OF
Subscribed and sworn to before me this l-th day of ("\ ~~
Ramesh Mehra.
, 1992 by
Witness my hand and official seal.
My commission expires: :;} - c; - '\ lo
-------------------.-:-
\ "OFF!CIAL SEAL" \
\ KAREN MARSnA~L. \
\ Notary ptJ'::l!t, S:tJ~e of htmo!s ,
) I.'.y Ccmm,,,'on Exp!Tes 2.5.96 \
-----------------------.
~~~
Notary Public
wec:dolu1924.qcd
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RESTRICfIVE COVENANT ~
THIS RESTRICrlVEOO\irq,,'rIT Ism.de this /S"fi. day of AJ~iw'.
1992 by RAMESH MEHRA, wbOSlladdreu is 3115 White Eagle Drive, NapervllIe, Illinois
60565, as owner in fee simple of the following desCribed real property ("Real Property")
loe.~d in PItkin County, Colorado: '
t~
UNIT 1, DOLOMITE VILLAS CONDOMINIUM, PARCEL
A, BUILDING 1, ACCORDING TO THE CONDOMINIUM
DECLARATION THEREOF RECORDED IN BOOK 269 AT
PAGE 826, AND THB AMENDMENT mERETO
RBCORDBD IN BOOK 279 AT PAGE 23, AND THB PLAT
THEREOF RECORDED IN BOOK 4 AT PAGE 337 AND
THE AMENDMENT THERETO RECORDED IN BOOK 4
AT PAGB389 OFTHB B,BCORDS FOR PITKIN COUNTY,
COLORADO ' . ..'." '.,,', . I.. " ..
THE UNDERSIGNED OWNER hereby covenants alld agrees that the configuration,
. use and oeeupancy of the RforelBid Real Property .halI be limited to four (4) bedrooms,a
bedroom being defined for purposes hereof as that portion of the unit Intended to be used
for aleeping purposes, which may contain closets, may have access to a bathroom. I1l.d which
meets Uniform BulldJllll Code requirements for light and ventilation.
THIS COVENANT shall run with the land, shall be bindllll upon the undersigned
end his successors and assigns, and sban be enforceable by the Dolomite Villas
Homeowners A18ociation. any owner of any other Dolomite Villa, or by the City of Aspen,
, all of whom are beneflcilllilll hereof, which enforcement may be by any appropriate legal
aetion includlns, but not limited to, injunction and abatement.
.....
IN WITNESS WHEREOF, the undersigned bas executed this Restrictive Covenant
on the day and year first above written. '
OWNER:
~
Ramll6h Mehra
STATE OF
COUNTY OF
)
) ss.
)
Subscribed and sworn to before me this ~It!ay of 1\ Ic'l \l1!)'l\ b PI'"" . 1992
by Ramesh Mehra.
Witness my hand and offillial~~~~~~~s, -AL;-~--i"
\ "OFFICIAL c 1
. . '. l KAREN MARSHt>.Ll. \
. My commISSion expU"es. 1 , r <\' 01 minelS ,
\ Notary PU;).IC_ oJ z,.e .
l Mv c~'on ExP\~6 ~. 9J
) . t'l.lll~ ...".;- n.
:: Notar.y ;PUblic.
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OUlT CLAIM DEED
JERRY D, FULTS, whose address is 300 Crescent Court, 12th Floor, Dallas, Texas
75201, for and in consideration of TEN AND NO/lOO DOLLARS ($10.00), in hand paid,
and other good and valuable consideration, the receipt and sufficiency of which is hereby
acknowledged, hereby sells, conveys, and quit claims to DOLOMITE VILLAS OF ASPEN,
INCORPORATED, whose address is 650 South Monarch Street, Aspen, Colorado 81611,
all of his right, title, and interest in and to the exclusive use area appurtenant to Unit 2,
Dolomite Villas Condominium, Parcel A, Building 1, according to the Condominium
Declaration thereof recorded in Book 269 at Page 826, and the Amendment thereto
recorded in Book 279 at Page 23, and the Plat thereof recorded in Book 4 at Page 337 and
the Amendment thereto recorded in Book 4 at Page 389 of the records for Pitkin County,
Colorado, to be held, used and otheIWise treated as a common eiement in the manner
provided in the Condominium Declaration and Map of Dolomite Villa as amended from
time to time.
Dated thisB;Z~ay of a~ ,1992.
STATE OF f-v-I~ )
n #/J ) ss.
COUNTY OF tYfJ-ljao/ )
Subscribed and sworn to before me this.,('3~ay of IJ(~ ,1992 by Jerry
D. Fults.
Witness my hand and official seaL
My commission expires: 11",;2 /- tj.:L
~~M-<7~
Not ry P c
wec:dolu2924.qcd
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RESTRICTIVE COVENANT '
THIS RESTRICTIVE COVENANT is made this day of ,
1992 by JERRY D. FULTS, whose address is 300 Crescent Court, 12th Floor, Dallas, Texas
75201, as owner in fee simple of the following described real property ("Real Property")
located in Pitkin County, Colorado:
UNIT 2, DOLOMITE VILLAS CONDOMINIUM, PARCEL
A, BUILDING 1, ACCORDING TO THE CONDOMINIUM
DECLARATION TIIEREOF RECORDED IN BOOK 269 AT
PAGE 826, AND TIIE AMENDMENT TIIERETO
RECORDED IN BOOK 279 AT PAGE 23, AND TIIE PLAT
THEREOF RECORDED IN BOOK 4 AT PAGE 337 AND
THE AMENDMENT THERETO RECORDED IN BOOK 4
AT PAGE 389 OF THE RECORDS FOR PITKIN COUNTY,
COLORADO
THE UNDERSIGNED OWNER hereby covenants and agrees that the configuration,
use and occupancy of the aforesaid Real Property shall be limited to four (4) bedrooms, a
bedroom being defined for purposes hereof as that portion of the unit intended to be used
for sleeping purposes, which may contain closets, may have access to a bathroom, and which
meets Uniform Building Code requirements for light and ventilation.
THIS COVENANT shall run with the land, shall be binding upon the undersigned
and his successors and assigns, and shall be enforceable by the Dolomite Villas
Homeowners Association, any owner of any other Dolomite Villa, or by the City of Aspen,
all of whom are beneficiaries hereof, which enforcement may be by any appropriate legal
action including, but not limited to, injunction and abatement.
IN WITNESS WHEREOF, the undersigned has executed this Restrictive Covenant
on the day and year first above written.
OWNER:
~
STATE OF T.b1.ja-o.-; ) Jerv. t'UltS)
n ) ss.
COUNTY OF Jcd1Pd )
Subscribed and sworn to before me this }J~ay of
by Jerry D. Fults.
~
()~
,1992
Witne.ssmy hand and official seal.
My commission expires: /I~,)' / - f:L ~
~~/'l/
Nota Pub'
sfs:dvmu2006.kag
~
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~
QUIT CLAIM DEED
ALEF CORPORATION, A LIBERIAN CORPORATION, whose address is P.O.
Box 3333, Aspen, Colorado 81612, for and in consideration of TEN AND NO/I00
DOLLARS ($10.00), in hand paid, and other good and valuable consideration, the receipt
and sufficiency of which is hereby acknowledged, hereby sells, conveys, and quit claims to
DOLOMITE VILLAS OF ASPEN, INCORPORATED, whose address is 650 South
Monarch Street, Aspen, Colorado 81611, all of its right, title, and interest in and to the
exclusive use area appurtenant to Unit 3, Dolomite Villas Condominium, Parcel A, Building
1, according to the Condominium Declaration thereof recorded in Book 269 at Page 826,
and the Amendment thereto recorded in Book 279 at Page 23, and the Plat thereof
recorded in Book 4 at Page 337 and the Amendment thereto recorded in Book 4 at Page
389 of the records fOI Pitkin County, Colorado, to be held, used and otherwise treated as
a common element in the manner provided in the Condominium Declaration and Map of
Dolomite Villa as amended from time to time.
Dated this _ day of
,1992.
ALEF CORPORATION, A LIBERIAN
CORPORATION
By
/./ "/
tfu~
I
----.
STATE OF
COUNTY OF
)
) ss.
)
Subscribed and sworn to before me this _ day of
as
CORPORATION, A LIBERIAN CORPORATION.
, 1992 by
of ALEF
Witness my hand and official seal.
My commission expires:
Notary Public
wec:dolu3924.qcd
I"'-.
\ RESTRICTIVE COVENANT .~
THIS RESTRICTIVE COVENANT is made this day of ,
1992 by ALEF CORPORATION, A LIBERIAN CORPORATION, whose address is P.O.
Box 3333, Aspen, Colorado 81612, as owner in fee simple of the following described real
property ("Real Property") located in Pitkin County, Colorado:
UNIT 3, DOLOMIlE VILLAS CONDOMINIUM, PARCEL
A, BUILDING 1, ACCORDING TO TIiE CONDOMINIUM
DECLARATION 1HEREOF RECORDED IN BOOK 269 AT
PAGE 826, AND TIiE AMENDMENT 1HERETO
RECORDED IN BOOK 279 AT PAGE 23, AND TIiE PLAT
THEREOF RECORDED IN BOOK 4 AT PAGE 337 AND
THE AMENDMENT THERETO RECORDED IN BOOK 4
AT PAGE 389 OF THE RECORDS FOR PITKIN COUNTY,
COLORADO
THE UNDERSIGNED OWNER hereby covenants and agrees that the configuration,
use and occupancy of the aforesaid Real Property shall be limited to four (4) bedrooms, a
bedroom being defined for purposes hereof as that portion of the unit intended to be used
for sleeping purposes, which may contain closets, may have access to a: bathroom, and which
meets Uniform Building Code requirements for light and ventilation.
THIS COVENANT shall run with the land, shall be binding upon the undersigned
and its successors and assigns, and shall be enforceable by the Dolomite Villas Homeowners
Association, any owner of any other Dolomite Villa, or by the City of Aspen, all of whom
are beneficiaries hereof, which enforcement may be by any appropriate legal action
including, but not limited to, injunction and abatement.
IN WITNESS WHEREOF, the undersigned has executed this Restrictive Covenant
on the day and year first above written.
STAlE OF
OWNER:
ALEF CORPORATION
-'/ //,r ~~
By /4' /i1~
COUNTY OF
)
) ss.
)
Subscribed and sworn to before me this _ day of
~ M
of AIef Corporation, a Liberian corporation.
,1992
Witness my hand and official seal.
My commission expires:
Notary Public
sfs:dvtDu3006.kag
;;
~
~
QUIT CLAIM DEED
GARY L. SOLOMAN AND CAROL ANN SOLOMAN, whose address is c/o Gary
Soloman & Co., 3139 North Lincoln Avenue, Chicago, Illinois 60625, for and in
consideration ofTEN AND NO/I00 DOLLARS ($10.00), in hand paid, and other good and
valuable consideration, the receipt and sufficiency of which is hereby acknowledged, hereby
sell, convey, and quit claim to DOLOMITE VILLAS OF ASPEN, INCORPORATED,
whose address is 650 South Monarch Street, Aspen, Colorado 81611, all of their right, title,
and interest in and to the exclusive use area appurtenant to Unit 7, Dolomite Villas
Condominium, Parcel B, Building 2, according to the Condominium Declaration thereof
recorded in Book 269 at Page 826, and the Amendment thereto recorded in Book 279 at
Page 23, and the Plat thereof recorded in Book 4 at Page 337 and the Amendment thereto
recorded in Book 4 at Page 389 of the records for Pitkin County, Colorado, to be held, used
and otherwise treated as a common element in the manner provided in the Condominium
Declaration and Map of Dolomite Villa as amended from time to time.
Dated this &. day of
/f/ t){/
,1992.
STATE OF )
) sS.
COUNTY OF )
Subscribed and sworn to before me thii~vI. day of
L. Soloman and Carol Ann Soloman.
/
j~~~4>---;i992 by Gary
Witness my hand and official seal.
My commission expires: 'vll/i';
wec:dolu7928.qed
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Notary~U 'lic /'./
;' /' /~.
,I '. ... ..,/~ ,/~
t "';:';;O",~ ,:::.r;:"::"'.....NNN))>))j)..
~l Ju';fili"P;;; 1~~" 1 j
,: I:'~1:a1y ~b~c, S!"te, of llIinois : :
?S r...t.ji Co!nm:&s~.1)n Exph""?,S 149/95::
!(N((-t'-o!'(~\'!.;!(N(t!~.{((~'t(Nt:':'(N..((t(t.";!tNl;'),.:
/
~~
RESTRICTIVE COVENANT
THIS RESTRICTIVE COVENANT is made this IO~ay of ~M""J.h----' ,
1992 by GARY L. SOLOMAN AND CAROL ANN SOLOM8N, whose address is c/o Gary
Soloman & Co., 3139 North Lincoln Avenue, Chicago, Illinois 60625, as owner in fee
simple of the following described real property ("Real Property") located in Pitkin County,
Colorado:
~
UNIT 7, DOLO MIlE VILLAS CONDOMINIUM, PARCEL B, BUILDING
2, ACCORDING TO THE CONDOMINIUM DECLARATION THEREOF
RECORDED IN BOOK 269 AT PAGE 826, AND THE AMENDMENT
THERETO RECORDED IN BOOK 279 AT PAGE 23, AND THE PLAT
THEREOF RECORDED IN BOOK 4 AT PAGE 337 AND THE
AMENDMENT THERETO RECORDED IN BOOK 4 AT PAGE 389 OF
THE RECORDS FOR PITKIN COUNTY, COLORADO
THE UNDERSIGNED O'WNER hereby covenants and agrees that the configuration,
use and occupancy of the aforesaid Real Property shall be limited to six (6) bedrooms, a
bedroom being defined for purposes hereof as that portion of the unit intended to be used
for sleeping purposes, which may contain closets, may have access to a bathroom, and which
meets Uniform Building Code requirements for light and ventilation.
THIS COVENANT shall run with the land, shall be binding upon the undersigned
and their successors and assigns, and shall be enforceable by the Dolomite Villas
Homeowners Association, any owner of any other Dolomite Villa, or by the City of Aspen,
all of whom are beneficiaries hereof, which enforcement may be by any appropriate legal
action including, but not limited to, injunction and abatement.
IN WITNESS WHEREOF, the undersigned has executed this Restrictive Covenant
on the day and year first above written.
STAlE OF
OWNER:
4fCZh7~
. 010
&J} ~ ,~jiMVl/
Carol Ann Solom~ ,
/
,
COUNTY OF
)
) ss.
)
,1992
Subscribed and sworn to before me this 1Jr( day of
by Gary L. Soloman and Carol Ann Soloman. 1""""""02: ::::'~',:';":;~'~;'~ .
. ( " "r 1\,.. f /~..l...< J.L,;/.n.L,t
: ~ J;1i& 'l~m Allen ':
Witness my hand and official seal.' :! Nom,.yPui>lj~,S:ateClfI'Jir.ois ::
~', \<" "("v""""",;,"""~1 p.o....;,,.,,,,,,, "191"5',
$( k,'''l.y 'v'.",~c." ",;;S...' ......~.:'~."'\'< '"~ /7 .,
~L'"'''''' "''''''d''''d<,WM,'''''''
it.
My commission expires:
tlll1lq-(
sfs:dvmu7006.kag
11/19/92 16,49
~?
'8'1 5e;~8271
RMH ROCHESTER MN
~ee1
,~
QUIT CLAIM DEED
DONALD W. KIRLIN AS TO AN UNDIVIDED 25% INTEREST, BARBARA J.
KIRLIN AS TO AN UNDIVIDED 25% INTEREST, GARY F. KIRLIN AND JOANN
KIRLIN AS TO AN UNDIVIDED 25% INTEREST, AND DALE T. KIRLIN, JR.
AND JACQUELINE M. KIRLIN AS TO AN UNDIVIDED 25% INTEREST, whose
address is P. O. Box 3097, Quincy, Illinois, 62305, for and in consideration
of TEN AND NO/100 DOLLARS ($10.00), In hand paid, and other good and
valuable consideration, the receipt and sufficiency of which Is hereby
acknowledged, hereby sell, convey, and quit claim to DOLOMITE VILLAS OF
ASPEN, INCORPORA1:ED, whose address is 650 South Monarch Street, Aspen,
Colorado, 81611, all of their right, title, and interest in and to the exclusive
use area appurtenant to Unit 8, Dolomite Villas Condominium, Parcel B,
Building 2, according to the Condominium Declaration thereof recorded In
Book 269 at Page 826, and the Amendment thereto recorded In Book 279 at
Page 23, and the Plat thereof recorded In Book 4 at Page 337 and the
Amendment thereto recorded in Book 4 at Page 389 of the records for Pitkin
County, Colorado, to be held, used and otherwise treated as a common
element in the manner provided in the Condominium Declaration and Map of
Dolomite Villa as amended from time to time.
Dated this 19th day of
October
1992.
-a::;;aJJ(~
~ald W. Kirlin
~'~ ~
__a a~" /~/
~~'
06ry F. irlin ,
Jof~l~ ~
51AIn ~~ !II
Dale T. Kirlin, Jrj
~~*~ \\\~,),9\,~
Ja u e M. Kirlin .
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~,
RESTRICTIVE COVENANT
.~
THIS RESTRICTIVE COVENANT is made this I~ T:1I day of Ocrol?ER ,
1992 by DONALD W. KIRLIN AS TO AN UNDIVIDED 25% INTEREST, BARBARA
J. KIRLIN AS TO AN UNDIVIDED 25% INTEREST, GARY F. KIRLIN AND JO ANN
KIRLIN AS TO AN UNDIVIDED 25% INTEREST, AND DALE T. KIRLIN, JR. AND
JACQUELINE M. KIRLIN AS TO AN UNDIVIDED 25% INTEREST, whose address
is P.O. Box 3097, Quincy, Illinois 62305, as owner in fee simple of the following described
real property ("Real Property") located in Pitkin County, Colorado:
UNIT8, DOLOMITE VILLAS CONDOMINIUM, PARCELB, BUILDING
2, ACCORDING TO THE CONDOMINIUM DECLARATION THEREOF
RECORDED IN BOOK 269 AT PAGE 826, AND THE AMENDMENT
THERETO RECORDED IN BOOK 279 AT PAGE 23, AND THE PLAT
THEREOF RECORDED IN BOOK 4 AT PAGE 337 AND TIlE
AMENDMENT TIlERETO RECORDED IN BOOK 4 A T PAGE 389 OF
THE RECORDS FOR PITKIN COUNTY, COLORADO
THE UNDERSIGNED OWNER hereby covenantS and agrees that the configuration,
use and occupancy of the aforesaid Real Property shall be limited to four (4) bedrooms, a
bedroom being defined for purposes hereof as that portion of the unit intended to be used
for sleeping purposes, which may contain closets, may have access to a bathroom, and which
meets Uniform Building Code requirements for light and ventilation.
THIS COVENANT shall run with the land, shall be binding upon the undersigned
and their successors and assigns, and shall be enforceable by the Dolomite Villas
Homeowners Association, any owner of any other Dolomite Villa, or by the City of Aspen,
all of whom are beneficiaries hereof, which enforcement may be by any appropriate legal
action including, but not limited to, injunction and abatement.
IN WITNESS WHEREOF, the undersigned has executed this Restrictive Covenant
on the day and year first above written.
OWNER~
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D . aId W. Kirlin I
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ara J. n
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or F. 'rJin
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J nn KirJ"
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Dale T. Kirlin .I
~~~'~ThI~\\'~~M
Jacqueli M. 'r1in ., .
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STATE OF ILLINOIS
COUNTY OF ADAMS
)
) ss
)
Subscribed and sworn to before me this 19th day of October
1992, by Donald W. Kirlin.
nd official seal.
My C~"xpires:
Notary...... "'''.lnol,
~ My Conr;IUIDfI 1 .1_1124115
STATE OF ILLINOIS )
)ss
COUNTY OF ADAMS )
h;Jo':;~usr ~
Subscribed and sworn to before me this 19th day of October
1992, by Barbara J. Kirlin.
Witness my hand and official seal.
My ~*.llxplres:
MM't LOClC
~ Notary PublIc. ... 01 UUnoi,
~ My Commlaloft 'ElcpINa "24/95
;;;.,..
S
;',i
In~~~_
STATE OF ILLINOIS )
)ss
COUNTY OF ADAMS )
Subscribed and sworn to before me this 19th day of" October
1992, by Gary F. Kirlin and JoAnn Kirlin. ';
Witness my hand and official seal. /
My Cf;~~ires:
MMt LOClC
Notary PutIIIo. ... oIlUlnoie
My Commlllliolll!xpnl , /24/95
--- ' , ' '.'..
h:;/V"- &~
~y Public '. ,
STATE OF ILLINOIS )
)SS
COUNTY OF ADAMS )
Subscribed and sworn to before me this 19th day of October
1992, by Dale T. Kirlin, Jr. and Jacqueline M. Kirlin.
Witness, my hand and official seal.
My Commission expires:
fV7~~~
"OFFICIA&. SEAL"
MARY LOCI<
:J Notary Public, .... oIlUtnole
~ r'~y Comml88lon expna , 124/95
.
COUNTY OF
r-...,
ILLINOIS )
) ss.
ADAMS )
~
.
STATE OF
Subscribed and sworn to before me this , 9th day of October
Donald W. Kirlin.
, 1992 by
",tI,
"OI'FIQA&. IIAL .. .
My aaJlJnllllQM1 explres:
; :otary PutIIlo. .... or lIlnoia
: ,I.y CommlAioft ..... VI.4/115
sfx
NO~~I~&'~
) ss.
COUNTY OF ADAMS )
Subscribed and sworn to before me this 19th day of October
Barbara J. Kirlin.
, 1992 by
Witness m hand and official seal.
My ~ires:
,\j Notary PuIIIIc. .... or -Inoia
';' My eom"'''lIan -=--1/24/95
fy; &~
Notary Public 7
.'
STA:
) ss.
COUNTY OF ADAMS )
Subscribed and sworn to before me this '9th day of October
F. Kirlin and Jo Ann Kirlin.
, 1992 by Gary
Witness my hand and official seal.
My c~ires:
.., Nolaryllullllo. "'of~
;; My Commilllon ...... 1 '2"'95
S'tX
) ss.
COUNTY OF ADAMS )
Nota~i~ cl4v1~
Subscribed and sworn to before me this 19th day of October
T. Kirlin, Jr. and Jacqueline M. Kirlin.
, 1992 by Dale
Witness my hand and official seal.
Nota~~li7
07cn4G
My commission expires:
,Is ~mu8006.kJ'''OffICIAL'''''
WItt 'f.OQc
Notary PuIlIo. ... 0I1IlnolI
My ComAI..II.... r .Ii6 V""/.
11/17/92
15:4121
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QUIT CLAIM DEED
V\d~f\'.",~ ~"l'il{\ (0,..>.0<-1,1, lr-f. kl J"T~..l'-1.\~ for and in co~sideration of
TEN AND NO/IOO DOLLARS (SlO.O ). in hand i. and other good and valuable
constderation. the receipt and sufficiency of which is hereby acknowledged, bereby sells,
conveys. llnd quit claims to DOLOM1TE V1LW\S OF ASPEN, INCORPORATED, whose
address is 650 South Monarch Street, Aspen, Colorado 81611, all of its right, title, and
interest in IInd to the exclusive use area appurtenant to Unit 9, Dolomite Villas
Condominium, Parcel B, Building 2, according to the Condominium Declaration thereof
recorded in Book 269 at Page 826, and the Amendment thereto recorded in Book 279 at
PlIte 23. and the Plat thereof recorded in Book 4 at Page 337 and the Amendment thereto
re;orded in Book 4 at Page 389 of the records for Pitkin County, Colorado, to be held, used
and ('lh~rwi~e treAted liS II ecmmon element in the manner provided in the Condominium
Declaration and Map of Dolomite Villa as amended from time to time.
Dated this d2- day of l~
,1992.
By r~:u.~.~~_
~ -111
STATE OF Color~
('OlJNTY OF?; +.k:,j
)
) ss.
)
'V Subscribed and sworn to before me this cJ.O "" day of Uo{
. .\) R ' 0~. ,,' as , ___ . '
, 1992 by
Witness my band and official seal.
My commission expires: r} g) 93
~cQ~
NotaC\I"blic
w"o;dP-tuI)(J'!".qt.-d
----------- -- ------- --- --
11/17/92 15:39
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P.01
RESTRICTIVE COYJNANT
THIS RESTRIctIVE COVENANT is ma.de this ,)0. day of J.)i"lJ'-e..Q'\ k{ _,
1~2 "
. . .
, " ." '. ' . . as owner h:a fee simple
of the following described real property ("Real l>roperty") located in Pitkin Countv
COIOrlld(\: . ./'
tJNIT9, DOLOMITE VILLAS CONDOMINIUM, PARCELB, BUILDING
2, ACCORDINOTOTHE CONDOMINIUM DECLARATlONnIEREOF
RECORDED IN BOOK 269 AT PAGE 826, AND THE AMENDMENT
THERETO RECORDED IN BOOK 279 AT PAGE 23, AND THE PLAT
'l'IIEREOP RECORDED IN BOOK 4 AT PAGE 337 AND THE
AMENDMENT THERETO RECORDED IN BOOK 4 AT PAGE 389 OF
Tl IE RECORDS FOR PITKIN COUN'rY, COLORADO
TilE UNDERSIGNED OWNER hereby covenants and Ilgrees In,t the configuration.
use Rnd (,k'cupancy of the aforesaid Real Property shall be limited to four (4) bedrooms. a
bedroolll heing defined for purposes hereof as that portion of the unit intended to t>e used
for sk'cping purposes, wbich may contain closets. may have access to a bathroom. and which
meets Uniform Building Code requirements for light and ventilation.
TillS COVENANT shall run with the land, shall be binding upon the undersigned
and its 5lJ(',~e$Sors and assigns. and shall be enforceable by the Dolomite Villas Homeowners
Associatiun. any owner of any other Dolomite Villa, or by tbe City of Aspen, all of whom
are heneficiaries hereof, which enforcement may be by any appropriate legal action
incllldin~. out not limited to, injunction and ablltement.
IN WITNESS WHEREOF. the undersigned has executed this Restrictive Covenant
011 the da)' Rnd rear first above written.
OWNER: 0.' '~.. ~ L """'C
. ];\clM\~ ~.\~'" ~SQarC\\ ..).-(It,
STATI~ OF
COUNTY OF
)
) ss.
)
By~-"mi~
Suhseribed and fNI~1l to before me this ~ day of
by P.Q.~~"'l7\L "1ft~ as
of Lift One partnership, a Color do sen~rtners\'lip,
Witness my hand and official seal.
My commission expires: 5/1/ It( ~
,.; /DO
,1992
(,~
blic
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MESSAGE DISPLAY
TO
Bill Drueding
TO
Kim Johnson
From: Diane Moore
Postmark: Oct 03,91 9:22 AM
Subject: Dolomite
Message:
I can't seem to get away from it - I was working out at the Aspen
Club last night and Tim Clark corners me about the Dolomite issue.
He wanted to know if they could paint over the stucco that was placed
over the "garage door". I said absolutely no and that the only
maintenance work that they could do was on other parts of the
building and that they had to stay clear of the prob~em areas.
Bill, make sure that this is what they do. I am going to follow up
with a short letter to them. Thanks.
-------========x========-------
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Aspen/Pit
130
. Asp
(303) 92
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ing Office
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920-5197
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October 3, 1991
Mr. Tim Clark
Dolomite Villas of Aspen
650 South Monarch Street
Aspen, CO 81611
RE: Dolomite Villa Townhomes
Dear Tim:
I have spoken with Bill Drueding of our Zoning Office and we agree
that basic stucco repair and painting is permissable on the
structures as long as the work is limited to areas of the building
that require normal maintenance. Our discussions have focused on
the garages and no further stucco work or painting is permitted
until the problem has been resolved.
Additionally, Kim Johnson informed me that she gave you a copy of
our application and I would like you to come into our office within
the next week SO that we can have a formal pre-application
conference with you and answer any questions that you may have
regarding the processing of your application. We need for you to
submit this application as soon as possible so that we can get this
issue resolved. I would suggest that you contact Kim so that she
can schedule the meeting.
If you ,have any questions, give me a call at 920-5090.
sincerely,
'b&)~ )YI~
Diane Moore
Deputy Director
CC: Kim Johnson
Bill Drueding
.
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DOLOMITE VILLAS OF ASPEN
I
Your townhouse on Ajax MourUain.
Uctol.:.ler- .,:::~ 1')':)1
D:1._3rlf;2 l''loC1r''E
C/O Planning & Zoning Dept~
12:':0 S = 1.3al enc{
Aspen~ Co. 81611
RE: Dolomite Villa Townhomes8
DG?ar Dianf2;
It was a pleasure meeting with you yesterday. In reference to
the SUbject of bUIldIng maIntenance and paintIng, it is
unoerstood that basic stucco repaIr and paintIng 15
02rffilSSlolen ('nis repaIr work ~ill be l1ml~ed to areas ot
~he OUlldlnc tha~ have deteriorated naturallYn In areas ot
CU"('(f;.'7:nt; Cll~~CI.)S.510n J.e" (qar"c\pp- 1()C.;-:11.;lon~::;.) other-Eo will [JE' no
lurther stucco work allowed untl1 the Issue has been resolvedn
DIane, thank you for your help In this regaYd, should you have
~"::\ny CClmmen"ts OJ'" questions please call n I yemain
f<:espect fully;
;;::ark
Ti.;C/d.)b.
CCa Amy Margerum
Bll1 Druf.':"clinq
650 South Mouarch Street. Aspen, Colorado 81611 · (303) 925-7624
r-.
r/lnAt:NIWAFr -Db
en
August 13, 1991
Vann Associates, Inc.
Planning Consultants
230 East Hopkins Avenue
Aspen, Colorado 81611
Dear sunny,
The Planning Department has decided to discontinue the
Condominiumization Amendment Review by City council. After
discussions with the city Attorney and the Planning Director it
has been determined that; based upon the information that was
sUbmitted, an amendment to the condominiumization by Ordinance was
unnecessary and not called for by the Municipal Land Use Code.
Assuming that the remodeling is undertaken per all applicable
building/zoning codes and is duly permitted, the plat amendment
illustrating the modified reconfiguration of the lodge can be
presented for approval as a condominium plat amendment for staff
review. As a policy, amendments to condominium plats are treated
as insubstantial amendments, only requiring staff review and the
Mayor's signature on the amended plat.
Our decision to not require Council review is based upon the
information that has been presented to the Planning Office for
review. This decision does not preclude additional reviews by the
planning staff, Planning and Zoning commission, or City Council.
This is consistent with a typical plan review process by the Zoning
Officer prior to the issuance of any building permits.
Although review by Council is not required at this time, staff's
review of the application has disclosed several items that will
need to be cleared up prior to the issuance of any building
permits. These items include: 3 encroachments that must receive
encroachment licenses; the sidewalk to the main entrance must be
made accessible for the disabled; and parking spaces 9-18 encroach
into the public R.O.W. which must be corrected prior to a
certificate of occupancy for Phase Two (either a reduction in
spaces requiring a cash-in-lieu or through renovation the spaces
could be pulled further onto the property).
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Although an amended condominium plat does not have to be filed
until the sale of an individual unit, the Planning Department would
encourage the applicants to bring the project approvals up to date
and file an amended plat and subdivision exemption agreement upon
the completion of the renovations.
Finally, I have recorded 14 hours of work on this project. Much
of my work will help the Zoning Officer with his review of the
plans. Reinhold made a deposit of $870 which represents 6 hours
of work and a $90 fee for the Engineering Department. Please be
advised that Reinhold will be billed for the additional 8 hours.
Thank you for your help. I will be working with Bill Drueding to
review the renovation plans as expeditiously as possible.
o?:2~~
Leslie Lamont, Planning
cc: Bill Drueding, Zoning
Amy Margerum, Planning Director
Jed Caswall, City Attorney
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May 29, 1991
~..;..
Messrs. Ty Melton and Tim Clark
tlolomite Villas
650 South Monarch
Aspen, CO 81611
RE: Units 1, 2, 3, 7, 8 and 9
Dear Mr. Melton and Mr. Clark:
.._....;.....'..-
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ning Office
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1611
920.5197
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On May 1, 1991, it was discovered that the above~listed
condominium units were under alterations without the required
building permits. A STOP WORK ORDER was issued. subsequent
inspections revealed that the garages had beenconverte~Lto
bedrooms or living space. Investigation indicates that this;W~rk.
was done without proper permits and further violates the
following City of Aspen Land Use R~gulations.
Section 5-303 for the Lodge/Tourist Residential (L/TR) zone
district, which Dolomite Villas are, states a residential use:
One (1) space per bedroom required. Section 5-301(C) states:
"No development shall reduce the number of existing off-street
parking spaces below the minimum number of existing spaces
required herein for that develoPment, unless expressly exempted
by this division." The building did not have the current
required parking and cannot reduce the parking further.
The conversion of the garages to living space increases the
following non-conformities in violation of the City of Aspen Land
'Use Code. I used the Dolomite Villas Condominium map (Book 4,
Pages 337-343) in my calculations.
section 5-214(D) (2), Minimum lot area per dwelling unit (square
feet):
Multi-family dwellings: One (1) bedroom' per one
thousand (1,000) square feet of lot area, provided that
a studio shall be considered a one (1) bedroom unit..
~ TPf:vcled rHIner
,~
PEN,.PITKIN
BUILOING OEPARTMENT
ECTION NOTICE
P WORK ORDER
Job Located at (D 5"" Ii
S, M I!:JA I Aec '(-l-_
I have this day Inspected this structure and these premises and
have found the following violatIons of City, County andlor
Colorado State laws governing same:
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Respond By 9.0,/Q / Photos Taken: Yes~No 0
Please Contact (;,../J-R-Y LY MAN
You are hereby notified that no more work may be done upon the
premises until the above violations are corrected. If you do not
communicate with this office by the above date, this matter will be
referred to the appropriate authorities for enforcement Failure to
correct the violations may sUbject you to a civil suit for an injunc.
tion,or a fillel or both; or to misdemeanor criminal prosecution,
which upon conviction may carry a sentence of fine or imprison'
ment, or both.
~~..pLi
Inspector for Building Department
Building Department Phone 925-2020
,Time of Day (/ fJ-Af1 A~pen. Colorado 816 t 1
DO NOT REMOVE THIS TAG
Detach and bring this portion to the Buiiding Department
Location c;,~6 S,
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