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Home My WebLink Aboutlanduse case.boa.601 West End St.015-74 PA/ '//;7 ~/(/-o-o APPEAL TO BOARD OF ZONING ADJUST~1ENT CI'I'Y OF ASPEN DATE 4-17-74 CASE NO. '?LI IS- i , APPELLANT Mrs. Janet Landry ADDRESS #13 Midland Condominiums 601 West End Street Aspen, Colorado OWNER Mrs. Janet Landry ADDRESS#13 Midland Condominiums 601 West End Street Aspen, Colorado 601 West End Street, City of Aspen LOCATION OF PROPERTY (Street & Number of Subdivision Blk. & Lot No.) Building Permit Application and prints or any other pertinent data must accompany this application, and will be made a part of CASE NO. 1 i - J .;' The Board will return this application if it does not contain all the facts in question. Description of proposed exception showing justifications: A variance of one unit in zoning density is requested to allow the continued occupancy of a home purchased in reliance upon all public records of the Clerk & Recorder of Pitkin County, title insurance, and representations of a licensed real estate broker. Records of the City Building Inspector affecting the use of this condominium project were not picked up in the condominium filings with the County. Ignoring the defect in the reporting procedures which made the problem possible while strictly enforcing zoning density would deny the applicant any and all use of the home she purchased and for which she is obligated on financing and would constitute an unnecessary hardship. provisions of the Zoning Ordinance requiring the Building Inspector to forward this application to the Board of Adjustment and reason for not granting permit: Application is made for a building permit to install a window in the kitchen of a dwelling unit that has been changed from a laundry and proposed future sauna to a limited dwelling unit without a permit from the city of Aspen. The building where the above unit is located is on a 9000 square foot lot and has 12 unlimited units (750 sq. ft. of lot area per unlimited unit at the time the building was built.). The addition of a limited unit would have required a minimum lot area of 9,375 sq. ft. (375 sq. ft. of lot area per limited unit). Chief Buildinq Inspector Status ~i1 s~ DATE PERMIT REJECTED, DATE DECISION APPLICATION FILED DATE OF HEARING MAILED Secretary r ,....'-.. '-, '"J<' NOTICE OF PUBLIC HEARING Case No. 74-15 BEFORE THE CITY OF ASPEN BOARD OF ADJUSTMENT TO ALL PROPERTY OWNERS AFFECTED BY THE REQUESTED ZONING OR USE VARIANCE DESCRIBED BELOW: Pursuant to the Official Code of Aspen of June 25, 1962, as amended, a public hearing will be held in the Council-Room, City Hall, Aspen, Colo- rado, (or at such other place as the meeting may be then adjourned) to consider an application filed with the said Board of Adjustment requesting authority for variance from the provisions of the Zoning Ordinance, Chapter 24, Official Code of Aspen. All persons affected by the proposed variance are invited to appear and state their views, protests or objections. If you cannot appear personally at such meeting, then you are urged to state. yo~views by letter, particularly if you have objection to such variance, as the Board of Adjustment will give serious consideration to the opinions of surrounding property owners and others affected in deciding whether to grant or deny the request for variance. The particulars of the hearing and of the requested variance are as follows: Date and Time of Meeting: Date: Time: May 30, 1974 3:00 p.m. Name and address of Applicant for Variance: Name: Address: Janet Landry #13 Midland Condominiums 601 West End Street Aspen descr~pe~on of property: Location or Location: Description: 601 West End Street, City of Aspen Variance Requested: Application is made for a building permit to install a window in the kitchen of a dwelling unit that has been changed from a laMndry and proposed future sauma to a limited dwelling unit without a permit from the City. At pre- sent, building does not meet required lot area. Duration of Variance: (Please cross out one) ~tT.r:~r~~ !I<<tfIlUC<<<<t1:X ~ U;lW.J), \- BY Ch"~~ ~tl CITY OF ASPEN aspen col;:::;itado 81611 box v . , April 3, 1974 Ms. Janet Landry P.O. Box 2385 Aspen, Colo. 81611 Dear Janet, Your application for a building permit to install a window in the kitchen of your studio unit cannot be approved for the following reasons: 1) The unit is over the density requirements of the zoning ordinance. Only twelve units were permiteed at the time the Midland Condominium was built, and under the then existing density requirements of the zoning ordinance.~he Building Department files show that your unit was to be a laundry and future sauna. 2) The building code does not permit habitable rooms in a cellar. 3) The building code requires windows with an area of not less than IjlOth of the floor area of the room served. Your proposed 3'x4' window and your existing 3'x4' window is less than 10% of the 360 8q.ft. floor area. Yours very truly, ~. Meyring ~ Chief Building Inspector J CHMjdc C 4/65) 2 1.1. i>r-/ ~,['ING INSPEC. ..)N OEPA:l.TMI/" 1)<1 CITY OF h'PEN - COUNTY OF PITKINO. CO~ADO ADDil..EU.-.o OF JOB Midland Condo~inium -- 601 So. West End. Unit 1) GENERAL CONSTRUCTION PERMIT n U i t r WHEN SIGNED AND VAl.IQA.HD BY BUllDtNG INSPECTION DEPARTMENT THIS PERMIT AUTHORIZES THE WORK DESCRIBED BELOW. CLASS OF WORK: NEW 0 ADDITION 0 OWNER NAME Janet Landry ALTERATION ~ REPAIR 0 MOVE 0 WRECK 0 ADDRESS SUPERVISOR FOR THIS JOB LEGAL DESCRIPTION SURVEY BY lit o ... v <( lit ... Z o v /11(9/ 1-1- T ADDRESS Box 218<; LICENSE CLASS PHONE 92'5-7441 LICENSE NUMBER ! NAME (AS LICENSED) f [ INSURANCE PHONE o , ! ! f NAME DATE CERTIFIED CONe. 0 MAS'Y 0 CAISSONS 0 ROOFING & GR. BfAM$ MATERIAL fiRST FLOOR V> ... V> CEILING 0 -. ROOF SPAN AGENCY AUTHORIZED BY DATE I I I ! f LOT NO. BLOCK NO. ATTACHED 0 DESIGN BY ADDITION A L1C. PE NO. ARl-AlS.'.) AT GRADE I HEIGHT ItFEET) UN~"~ 81 GARAGE NO. STORIES TOTAL UNITS OCCUPANCY GROUP DEPTH BElOW Z GRADE 0 i= EXTfRIOR FOOTING -<1: sin Q Z EXTERIOR ;) FDN. WALL. 0 THICKNESS ... n~ICK 0 SLAB . SINGLE 0 ATTACHED 0 TOTAL DOUBLE 0 DETACHED 0 ROOMS SIZE SPACING TYPE CONSTR. DIV. FIRE ZONE BASEMENT IlUIlD1NG REVIEW ZONING PARKING PUBLIC HEALTH MASONRY EXTERIOR THICKNESS WALL STUD SIZE & SPACE ABOVE 1ST FlR. ABOVE 2ND FLR. ABOVE JR[l fLR. ENGINEERING ABOVE 1ST FlR. ABOVE 2ND fLR. ABOVE 3RO FLR. REMARKS JfiS/r>! / W/YlCfc.,t.U /"uK';;;; 1~r;.1/tJ . NOTES TO APPLICANT: FOR INSPECTIONS OR INfORMATION CALL 925 - 73J& fOR ALL WORK DONE UNDER THIS PERMIT THE PERMITTEE ACCEPTS FULL RESPONSIBILITY FOR COMPLIANCE WITH THE UNIFORM BUILDING CODE, THE COUNTY ZONING RESOLUTION OR CITY ZONING ORDINANCE, AND ALL OTHER COUNTY RESOLUTIONS OR CITY ORDINANCES WHICHEVER APPLIES. SEPARATE PERMITS MUST BE OBTAINED FOR ELECTRICAL, PLUMBING AND HEAm;G, SIGNS, SWIMMING POOLS AND FENCES. . PERMIT [XI'IRfS 60 DAYS fROM DATE ISSUED UNLESS WORK IS STARTED. .IQUIUD INSPECT'ONS SHALL Bi REQUESTtD ONE WORKING DAY IN ADVANCE. ALL FINAL INSPECTIONS SHALL BE MADE ON ALL ITEMS Of WORK BHORE OCCUPANCY IS PERMITTED. THIS BUilDING SHAll NOT BE OCCUPIED UNTIL A CERTIFICATE OF OCCUPANCY HAS SEEN ISSUED. 0 PERMIT SUBJECT TO REVOCATION OR SUSPENSION FOR VIOLATION OF ANY LAWS GOVERNING SAME. SIGNATURE ~ ~ ~JJANT: / J/J rVc'?-..-;'Ck1.-/""' THIS FORM/ S A PERMIT ONLY ~. OATE "RMIT NO, WHEN VALIDATED HERE >:>ff.3-7LI /t:7Y~7Y VALUATION OF WORK $ fOo. CO PLAN FILED T P DOUBLE I CHECK 0 $ FEE 0 I CASH 0 BUILDING DEPARTMENT <:> TOTAL FEE ::(.50 APPROVAL BY LICENSE 11 RECEIPTS CLASS DATE AMOUNT Midland Condominium: 1. Roy Kern Box 3969 Aspen 2. Evelyn Yerkes Box H Aspen 3. Katherine Davis 120 Maywood Ave. Rochester, New York 14618 4. 211 John Mason Reynolds Yacht Club Way Apt. #)31 Redondo Beach, Ca. 90277 Paul B. White Jr. 1575 Clover street Rochester, New York 14610 6. Ernest Missner 157 King St. W. Kitchner, Ontario, Canada 5. 7. Linda Harlan Box 4664 Aspen 8. Douglas Tomkins Box 2597 Aspen 9. Steve Waters Box 4307 Aspen 10. Dr. Harold Seifer 6471 Matova st. Long Beach, Ca. 90815 11, John Tracy 1302 Pearl St. Boulder, Colo. 80302 12. J. Jeffrey Dohse 1211 Crystal Way Aurora, Colo. 80012 _ , ! tl'#le~.I:!/(cI?~______ "'" Little Nell Condominium: 1. Susan C. & Clara S. Er1anson Box 25)8 Aspen 2. Thomas N. & Jill T. A1frrey 4605 East Kentucky #)M Denver, Colo. 80222 ). Kajems Realty 234 Rexford Place Waterton, N.Y. 1)601 4. Barbara A. Wiley, , 5'('O(} 5nr}1J1Z RJ,fC. '/r6nJ .r"/ !-QaV([nwCirfl-, Kimg:;. G60YI> , 5. George M. Randall Box 421 Aspen 6. G.V. Ku11gren Box 1822 Aspen 7. Michael & Janie Maurer Michael & Jonnie Lashmet 3901 N. Meridian st. Suite 352 Indianap~lis, Indiana 46208 8. Maynard A. Ukena 614 Kellogg Box 547 Smx~, Iowa 50010 Ames 9. Douglas Do11iff D.D. Ryerse, Jr. Rt. #1, Box 146 Long Lake, Minn. 55356 10. Merritt & Elise Jones 365 University Place Gross Pointe, Mich. 482)0 11. Russell T. Lund 1450 West Rake St. Minneapolis, Minn. 55408 , .. - - , Block 11), Lots P&Q M1eeta & Ny1a White 1424 E. Ocean Blvd. Long Beach, Calif. 90802 Block 113, Lots R&S Nick Heller Box 422 Aspen Block 119, Lots K&L David Franceschini Martin Sch1umberger ~spen "- 8,>( ;Wfl Block 120 Nelson Jay Box 178 Aspen Date February 24, 1969 April 4, 1969 May 28, 1969 September 23, 1969 September 29, 1969 October 2, 1969 October 6, 1969 October 8, 1969 October 9, 1969 October 10, 1969 October 14, 1969 October 15, 1969 October 24, 1969 October 30, 1969 November 4, 1970 August 18, 1971 "....,\ CHRONOLOGY OF EVENTS Transaction (Exhibit) Building permit application for 12 units signed by Stevens (Exhibit A) Building permit for 12 units approved Condominium Declaration(I) for 13 units signed by Stevens; par. 12 says nothing about unit 13's use other than as dwelling unit (B) Condominium Declaration (I) filed Midland Condominium Association certificate issued Condominium Association certificate filed Deed of unit 5 to Paul and Emily White signed by Stevens; (sale of first unit) (C) Condominium Declaration (II) signed by Stevens for 13 units; par. 12 amended to state that unit 13 may be used for laundry, etc. (D) Letter from Allison for the Condominium Association stating unit 13 will be used only for sauna, etc. (E) ---- Rescission of Condominium Declaration (I) signed by Stevens (F) Building permit for alterations to unit 13 to make it a sauna and laundry signed by Stevens (G) Rescission of Delcaration (I) filed Condominium Declaration (II) filed Condominium plat signed, containing 13 units Condominium plat filed Deeds of units 7 and 9 signed by Stevens; (second and third sales) Deed of unit 13 to Legendre signed by Stevens (H) Deed of unit 13 from Legendre to Landry (I) Box 3969 Aspen, Colo. 81611 May 29, 1974 City of Aspen Box V Aspen, Colo. 81611 Attn: Aspen Board of Adjustments Gentlemen: This is to inform you that the owners of the Midland Condominium, located at 601 S. West End St., have no objection to Janet Landry residing in unit #13. Your~ truly, ..' /' ,;-</.1- I ,Y':; /t:~ ."- ,r (o" //_~I . ~Oy i. Kern Pres. Midland Condominium Association );/ . / all --"'"~~ (' 5-t.~--- I r. - . --~L---:----- --[01- \. . JuyL ---'1-----.-- -~-~/----1=-t~ --- 1;, .. . --- k-J~2~i..--- h--: ---A-t-----f~7 J'j 1/)... .I( ...__ iv-' ----(----- ./'~l.C-( _.~ .~~ " <f- ~M . ._~-_._----- S- 21_ . __~~__L~-. f"r-.------- ~j H [J -c-....::;;--........,~ ,;:; ~. ",' ''1(;-.,., , ,i ")" PEN box v / j 1tf./J Witil~P. SiOnr:; ~~"'(;'f'IV:I'\, ~< -'- --~ .-; " . ~, P ~._./ .,,;;~... Eleeta & yla White 1424 E. cean Blvd. Long Beach, Calif. 90802 .:':.\ r.'~_~ t L ~'j u f--t ,oj \t "', ~,,; J., .__ . -; '~4~2. ,P'~ . c,~_ .0;. _.... 1;:>-;J .....-1..'\_ .' . r. 1 ;--- -....,~/~ MAY23'.)74 'Vi~.J \ ~ '..;'0Lr..), :1f1 ..C7c,< -<~- rn.523:i';! U~DEL!VERABlt AS ADDRESSED M~)V~O. LE.FT NO P.[,Dr-~"r:~ MCV!..:!Oi, NOT roR','j;~,;:;:~:.. AOUiL)SE< U~::\\,,::-,:\'~~ NO SUCH NV/3ER TEMPORARllY AA'{\Y Iilff~ NQ f..~^",_