Three Aspen residents are finally able to use the front door to get to their apartments in a downtown building, after a judge ruled the condo owners above them have no right to deny them access. Aspen Public Radio’s Carolyn Sackariason reports.
Pitkin County District Court Judge Gail Nichols released a 90-page ruling Friday. It found JW Ventures, the developer of the building on E. Hopkins Ave., unlawfully represented to Michael Sedoy and Natalia Shvachko that they would have exclusive use of the east door and elevator to their two-story penthouse.
The exclusive access forced three residents who live in affordable housing on the second floor to use a door in an alley. Jared Goulet was one of them. He’s happy with the judge’s ruling, especially because the back entrance was especially hazardous when ice built up.
“I was pretty excited, you know, now we can use the front door. It dangerous in the winter time, walking in the alley,” he says.
And, patrons of a bar and restaurant in the same building who are handicapped were also denied access. That’s a violation of the international building code, ADA laws and the city of Aspen’s rules. The judge ruled in favor of the city, which sued the developers. The judge also ruled JW Ventures must pay the Sedoys $1.3 million dollars. It’s the property value loss for having to share their elevator and door with locals.
The judge noted JW Ventures was having difficulty paying its development loan in 2011 when it sold the penthouse for $6 million dollars. JW had represented to city officials that integrating affordable with free market housing would enhance social balance in the community. But, they soon took access of the Hopkins Avenue door away from the employees once the penthouse owners moved in. Carolyn Sackariason, Aspen Public Radio news.