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HomeMy WebLinkAboutcoa.lu.su.650 S Monarch St.A7-92 \ , , .-, ,~{.. .... 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 ' ~~ 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 -------------------------------------------------------------- -------------------------------------------------------------- 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 / <..// ~1 :3 2.~ . VESTED RIGHTS: PUBLIC HEARING: YES NO ~~. ~NO ~ YES NO VESTED RIGHTS: Planning Director Approval: Insubstantial Amendment or Exemption: Paid: Date: =============================================================== p.&;r 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: / 1"""', ~ 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 ------------------------------------------------------------------------------ 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. , -------========x========------- r'\. ~. 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 r'\ .~ 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. 1"""', r." 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 -' f"""""', r-", . 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 " . .~. .-,. . 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 . r- ,f"""""', 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. -------========x========------- r. .,-.,. 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 ----------------------------------------------------------------- ----------------------------------------------------------------- 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 ",......,. r-. 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. 2 ,,-.., ,.-, 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 3 1'"'\ r- 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. 4 I""'" r-", 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 5 ~ 1""""\ A~"6tJT '''s,,, GARY SOLOMON & COMPANY .. CONSTRUCTION . SYNDICATION . MANAGEMENT . SALES 3139 NORTH LINCOLN AVENUE . CHICAGO, ILLINOIS 60657 . FAX (312) 248-3146 . (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 ~ "__n"'_'_'_", -'-' ~-........._- ---... ".. .n ,...... ...._..~_.__ '....... ....... __ . r- ,......" 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. -------========x========------- 'DA'l'E:4/:L/92 BLOCK: . OCCUPANT LOAD: ''lh~>;''~Y':':.:::':''':':'''"", " 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: '.-D '{3 I l \ ___/ .:.---- r-", /--. ~(~ e Yr ASPEN FIRE PROTECTION DISTRICT NOTICE OF INSPECTION '~":<:'<'~~'~~'::'":'''Y':''' <: ',' ";:'i~~r::~~,~t""r><,~"~ t=:~~;~~;:::,,:..:,. ' ~~'IWr-.w:':",j,<,. /. . ,', ,,~-;~:~,', ':~,::){~;,,~,,:~, ~ ..,t-<'_;(.,.,"".l9_ .".,."!;..,,,., '; ;jJ PHONE: PHONE: i I i TYPE ,OF OCCUPAHCY:DWELLING: OBSTRUCTEDEXIT:X EXIT LIGHTING: FLAMMABLE LIQUID: BUILOING.NUMBERS: PUBLIC BLDG.: SCHOOL;l .' RUBBISH: FIRE ESCAPES: EXTINGUISHERS: X ELECTRICAL: "''''''-', ",,:,.' '.,,;.;- '.~" ;' :; \ 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 r'\ 1J"..ell~A11 ~-" 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 .....- ~ r'\ r'\ 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 , ,-., M "eUNe-AIr "i:".:11 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 , - ,'-" .'-'" 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 ,-., i, t~.. Citi.. '.;'~~~5.P en \,~"I,~:.,.. 130 - . '. , -treet . .... , . ~ ~. ~ 'A As~....:: . " _: '611 -. ~. .J!~ ~::..:~ .---. - F,>'.... .,. " . ' ~ 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, 1 'fj:: ~~ Kim J son Planne cc: Diane Moore, city planning Director Jed Caswall, city Attorney "7 f'f" ~ ! @ recycled paper \ , /-, "---', Aspen/Pitki,. oning Office Jl " 130 sml, .~~treet a sp en<~'1~~ ol~~'t,~::d.~~'" H 1611 . ~... ".",." , .. "'.'~'l~'!"IiP~~~=- . " 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. .: ~." ~ . 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. . ,:',~,'Complete--~iternS::~3;'::aRd.:.~a;:~:.b,' ',". ",' ','. ".'. .. . . :.'''~.Print.:yol:lif.nam~,;and,':add~ss::'OD:::the',~yers,e",O~.t~IS. f?r~.,~O. feel-:'...,' ',:' .': ,,;.,' , . ~ ..t~t we 'can:H~tUrl;dhis:.eara.,:t()'Y..ou';';::,: :,:..:.. :;,.,..', . ',: "'t,' . ::':1. '0, Addr~sse~'~'s.~.adre,~s .';Att~:ch ,~I~..!O!~.;:~~.:~t)~,'~r~,~t.6f.:t~.e:.~llp:l.e?~; or.o~.:t e.. .'. . .back.i,f..,spacefd'o"!3:,s;;no:t:P,8f.rn't';..... .... ;.....': ..' ,'.'. :'2., Q:Re.stric~ed:.p:elivery. . 'w'. rit-e "'Re.'.tufi1":Re.'eeiPt:ReQu.ested".: on the,mallplece ne.xt ~o .'c' '. ,; I: . ""t . .'10" t'ee , '.'. ,'. "....,.:.:...": .:.. ". ". ," . . ,'onsut,postmaser r'. . .the artic:le::,n.umber~:.:". , ." ." ~, ::. . ,,",," ..A.'..'..........d.'t".;',. 4a.,.A.'t.rcleN.u....m."ber. . ..,....... " 3: Art,cl."'.' ,,~res~e. 0, ." .' "P66Z:o.5:3.8,94. "f'.. .. . . " i. Sincerely, Kim son Planner GaryS6i::omoIJ,';. . . clOTilllGliOl,Jik '.' ." .. . 650 S.\M6J;iarch .,St. Asp~n)'C0 .816:11 . : 4'JAdd~ssee): 1e: ..:S,er:v.i.c~ :!y~ . "" . '. ..J'Registereo',. ". . Ou~..IC' RSOU.'D'~d'" . 'C"Ce,rtified'.::: .'. ,. ',' ",', ".,~ .,', '. ',,' -i' . . "M '1 . ..C;<'.Rat(wi,Recel;>.t'.f.or.' .~:'Expr~s~: " '''~!':: ;~';+'Mer.cfri:i'i{dt~::.,~ , "'" ~.... ',-' 7:[)~t~OI~lil',T~7'$'~ 8~ Addr.es:See.!'.s'.,Adj:l~s: '(.O'~IV. Jf: f..eqI.18'sted an~;fe.e.!~.j:~,~id)..,. .'., cc: Diane Moore, Jed Caswall, o . .1rU,s;'oPo: 1~1" . DOl\llESTICRETURN'RECEIPT. . .' , "..' ,. ,'. _'0 Q.<1l~ .-:2 0::: CIl >~ U E"@ 1. ~ &! ~~ . cO _ e c: Oi ~.e rrt:i8-:_ U') Q)OCll CI "C o.....(/) C1) C<1l(j) .- ~ ~ > ru :!:: ~....~ ..J] 1::.E g d) JlQ)ooQ) Ozo!!!, a. ~-'i~ ~~ 2 ~~ 1l "' o z ~ ~ . if> o ~ o " ~ N ~ o ~ if> - o ~ o If . If ~ .~ .. o " .~ ~ "' o If ~ .~ " o ~ o ~ ~ . ~ ~ o ~- .S ~ ;::= 00 ~O "'0 a-al '-0 ~.. ~E 00 -~ ." &!.9 E o ~ " o ~ - 0 Ol.~ .!:(j) ~o ~'8 "'. -. .9- e .~ f~ 0" :; a) a;(;j ~o ~ o iil ~ a: ~ " . " o ~ 1:. 0 !! 0 ~ ~ oJ gj E ;\If ij ".. ~ ~ vl I '1 -"" 066~ aunr '008& WJOo! Sd ~ ...........f""'\1t'jS;. ',,,,,. .'.'" '0'-'. ~..". . ,. ~. ....n .,. ...' . ';" ";4-'::'~~~;:-_, ,'....: .;"":..~,!"'~.:. ,;'0:., "r._. I 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; ~/ / ,,"?//J l/ Tim Clark TWC/d.jb. cc: Gary Solomon. Sunny Vann. 650 Soutb Monarcb Street. Aspen, Colorado 81611 . (303) 925-7624 '. """'- !~AtHMIAf("~ " ~:-6~[r@' .._-:-,._, JAN 3 I 1992 .Gt '1-'4 ')-.. ! "'-'-"-''''_'_~.''"'_'_...,_..,."," ~..~-'~I .. )<>;:)..-~- ;;>1:>5... \::,(_ V ANN ASSOCIATES Planning Consultants January 30, 1992 HAND DELIVERED ,~( 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 "'. ..!, ,-., ~ 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. " /"""'-., "-', 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) ,.,. r-", ~. 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. "f", D ~~ '-)'I"<!~~ i ~ r-r'f~ ~I J} * , cpi. !/vvrf" n ! /: [/', 1 Ii ![/.fi'r ~ ",-/ .-- /~::~.:-:~'-~'" t_._ ,~,;~'''' .~~ ttr41Y2lj:> /'- " Ms. Kim Johnson January 30, 1992 Page 6 JJi"","- I' 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 "....., 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 ..... r- ,'-'" .- 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 "" r,,-., .I""".,~ :h~"":;:j--"'-'____=--- \, '5 @ rp n ~/irs ~; I "':.,'1 ill /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 ~\ r\~ 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 r'\...." .--- ~ - -~ 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" , ~ !~f:..:::;'~ r/>I~~;:s:,.~,.t:~,!... , \ f"'''''' "",::s \ ';., "co, ~ ' .' .' " -," N, \ ,.\ tI, C '''" ;:"" ': .'-, ..,' ",: '0':,. .. ~ ..,'- ---. ,..~. . ........ ~~~~Q.9.. "' 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 .. ,. ~ "'" 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. .r..:""m1l100ti.b& J-. 1""""-.., ,r-, OCT A,', [.; rr.,,'.' I L V l::~;~ 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 ~\ r-, 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 ~ I. ~i ~ 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 -~t!b'--. 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 . _.::1~ ""'''- -... ......... ........... ....-.- "._._j ___ _u__ ~, 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~ I (~II~ D . aId W. Kirlin I ~~~,rf-:L4/k ara J. n ~~I ,_T.~J or F. 'rJin ~ If' /jIMV ~ J nn KirJ" ~r;~;.# Dale T. Kirlin .I ~~~'~ThI~\\'~~M Jacqueli M. 'r1in ., . ......' ...~,.,;o"", ~"~'\ ....~ ',.. ...,.-- --.- ,r....., , .~ 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 ("'-." .~ , 1 ,. ~. ../-.. 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 ..."~"",, . ...-',-,V-1 7'-'5'2 TUE . r--." 1 IS 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 .1.:uv,null4lQl'l kKr. -.. r., 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========------- /-\ ~ Aspen/Pit 130 . Asp (303) 92 . , . ,f: j, 1 r. ",-:" I"~ "~. .,.~ , .." : I , " ~ .';~ -...... ~ ..#. ~ '. ing Office treet 611 920-5197 , " 1" ,~,. if ,". " " . ,:.." - ........~ -' 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 . @ recycled paper ;:!. ~~' ". ;t~~t?;~^.,~'.:~;t~~!':~i:~'~>>:.~~~~77~);. ~ . '1 '---.. ryj. ilL' .~ , ! ...--..:-,.. ,.' ), ~ . . I ,'~ ..:.~'.. ..1~. . I ,~. lb., ' . '1i1L:,;t~; ~L, ~ 1;, . "....' ~ ~, . , ~~ .......... .~ ;.,I~ .'-'~"-T"""'lIl ~._~ ...: L 1_ "i~ ~'~ j~' :/Wo. ...--. ""' I 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). @ recycled paper ~ ,~ ...... 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 r"'\ : '. ..,'_._;,.;._.....;..;...,;.~,~... .,;...~...;...:..:..; "',c': .;....: .;.; '~',i:' .~i '';'''.' :.;, ;"'.u !"""\ .. ................. , .........,,,,"',... ~......;,.,;.,., ,-. , I ~\,~N.P;\: ~ ~.\,'. ;"" '> ',!'.. : ~ ... ' : ' o'.,' I ~-\;O . . .. !. ~ ~ ': Aspen/Pit 130 As (303) 9 ,~ h.:. 'f. '_ !'o ~ ~ .,..-..~, -.' "', ~.. 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: .._....;.....'..- ,......,..,....."..,-'.'.......'.......-......................".......;.;, ning Office treet 1611 920.5197 . , < \L~ ~ en ' 11\ lf1IIL .~~ ~uY 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: 19M UW'. P~e. "^ 'l"" '" ";"';C . ?,C) I fa. '), I2E~fl' P'='" . 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, C:--/7/c; / M 0 f",J 4[C,GN ______ --.----.----- 1. ,~ ~i '!~' :~.~f ;f' ;~ ..... :0 " :t -Ki {" \~~ \J I'\,I-\: '-l ,\ ; \ ~ \ \Z, r t,,- \\:'~ ?-L ~ . ~r ;6~ c, ~ ~.. ~ ~ ~ '<{e. 7t.. C. ''\/. '\., 0{ \4- .:W l - \ (j)~ ?J: \s<:,~ ~.) - \(j'-t <::..C "'f'f \~'o.A (&/~ hi