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HomeMy WebLinkAboutcoa.lu.ex.MarlowSubdivision.1981 <f ~~ 'II" X\ ~\) ~\ ttl *- IU'f:'J. eo_~ \(;C~J. I' :J'\€.LL LI.>- 'f No. &1-80 Y-G.'~ I CASELOAD SUMMARY SHEET City of Aspen f)1.L!'" 1. DATE SUBHITTED: .;2-:;>'0. ~l STAFF: LO,t?,.v <~f)nf' ,'I r, -,., M I 2. APPLI CANT: ~ ~ I? Nt ::t1.X'"tr<rr,- 'II' (J,{ 1\ tJ 3. 'REPRESENTATIVE: r;'llr'fj "I BRfl/l.)DT (!,,'1~ II .," ~:( ; -h..()..{y . 9d5 -3~7~ 4. PROJECT NAME: ft1if'1!0 s"I-Y'J;,)i';'l'(\ )1('ep-t/(JI't; (('tJ"rr~I)1/I1/{III1;~~:/'~n) , l0t-71) I I ! 'D I, ~l <) , . ^ I rl ' 5. LOCATION:. D.CC:c.. !! Ij-wy\ 1'.ua.., 1)0&[;1' ',frjY) (u'.~ "7 l.Y__ptr. , C.Ji.cu.AIJJ (1013' ~ \01S: Ce.-n1f+UI-I ~,(k\LQ ) 6. TYPE OF APPLICATION: Rezoning P.U.D. Special Review Growth Management HPC 'x Subdivi sion Y Excepti on Exemption 70:30 Residential Bonus ____Stream Margin 8040 Greenl ine View Plane ~Conditional Use Other {l~ilmlnlt..lffiJzo.iuM v-< M fr;~n{l dJf1e.:( 7. REFERRALS: LAttorney ~Engineering Oept. LHousing _Water _City Electric Sanitation District School District Mountain Bell ____Rocky Mtn. Nat. Gas Parks ____State Highway Dept. Holy Cross Electric Other _____Fire Marshal/Building Dept. 8. REVIEW REQUIREMENTS: r I - " . P & z ~ Approved ~ (7 ill"\ ;.\; r,;o. \ '\ " I) \ 'I' \ ~) t \ r Denied Date-ll!J,~ I w 9. DISPOSITION: II P""", " -' ). ,~t \ \ ,_ ,_,.. ~,_., \. . ., , 5-\\ \' l~: ': ~~ ...\ ~ ,,\' ~J\i-\ r< '<l'\'~~\ r,( I' I \ 1 \-;' \\ \ - \,) ) ; ,,\ (\. < ~\.. \ ' ;) .. .\ji. \ . \! \ . . ~ .~ ',\ _. ~ (,. \~ , \ i , " , ., , ') -t L' "f: \\..1 -" , , (i' ~.,' ~ \ .~ .' . ., C'" .f\V \ t, ,,-' :,., \,' \ C\ t- . S.:, ,'f''' \ ,- \ ' ,!l \ y'" \ \ '. ': ~ i \~", ..... ....;- \.J .-, \, , .....:.....1....4..)., i..... ! .,\ '-" r"~. "";' ~. , .~. \ '" " .l._> \ .~.[ \ ,,' \,,,", .." ., ..' 4 C'f" Council ./ Approved J /) I,:./.,'c I J C : 1\,," ',0 '://1 Denied Date --l't" c,. " 0- \,..~!-J~\ ";.,;".'",,, /,.",:'.... ,,\1;"0 /'AO'r-- -H\.O..../, 2- si (, l""'<<r +.'.~ \CH' c. I ...:... ;.Q r ct QC', I. r, .,.\~,\ n, ,--I I, . ,,--.,, . (' , I r.' '~h;, . ',,"/;nUJ 10-JoJl .-"1 "';;" +. oT. \I-C\~~& ; .1".- V'- ~ ~"-.~: ''-0:::'-\'. .({'" j, : rI. ; 1 r, \ '\' \ '^ I v' .-' L \ ~ ..' b II, .," I U '\:' ~ ..~; I ,I ,-/. ..j. $ ',\..-?' C~.'/~ ;1".\...f~.'l:: '.'. ,~;,,~'f( :>\ i ! \. i t::JcJ . ':2: (.. ,,_~' , '~ \.j , Sj.:...S 0..0 r \/'"\ ~'_._':" ~ .' ': ~ r .~. -f ._~ I G'I.''^-''-'<........,..r;.,- b..p\:s. \',"S.. ~'. ',,) b';_''';-J'-'--''\~' ,..\ U , I ., --I- ! (l ,.\_"-~- \ ,. ,-.c...:=' o'--cjQ-~': ro-v",. 10. ROUTING: Attorney LSUilding j Engineering Other .. --,,;~""~ 1. DATE SUBMITTED: b-- ~ 2. APPLICANT:Jl~h l~ilVI('I^) No. (oi~fD CASELOAD SUMMARY SHEET, City of Aspen STAFF: )v\\'~nvi U,-,^y\ lj\i) r "..., lL 3. REPRESENTATIVE: J~'II:k.. rjll1l^1l:! - '3l{ 7 (.I --- ~lli\ \o.r.l 't llOv{ 4. PROJECT NAME:_~'hy((\\,,1 S\lbJ\l'i\lir\~ 0CfftlfY'- 5. LOCATION:_ICI3 t.w\ IOi5 Ufl\clev~! Lftn.L. 6. TYPE OF APPLICATION: Rezoning P.U.D. Speci a 1 Revi ew Growth Management HPC (()'~1\li;IW''11cJ~1-~ 'I.. Subdivision '1..' Excepti on Exemption 70:30 Residential Bonus ____Stream Margin ____8040 Greenline View Plane ____Conditional Use Other 7. REFERRALS: ')(: Attorney )<: Engineering Dept. -.)LHousi n9 _Water ____City Electric Sanitation District ____School District Fire Marshal ____Rocky Mtn. Nat. Gas Parks ____State Highway Dept. Holy Cross Electric Other Mountai n Bell ~+r (~011u~! (_ I: 1M I ! ! t ! I I ! 8. REV I EW REQU I REMENTS : E f. CQ P-n~ . iJ / 9. DISPOSITION: p & z / ./' Approved Deni ed Date /JOV, 1&) /130 P&Z recomnlC'nded subdivision exception approval conditioned on: (1) Notice and option provisions to current tenants (20-22) (2) r;ix-monLh minimum loase restri.ctions with no more Lhan two Ehortel' LCnall(;ic~:;; each year, for buih units CW--22) (3) Deed restriction of ~be northerly unit to the current rent (~~5eR per mOllth) with an annual increase as allowed by City Coun~il resolution defining low, moderato and mi,ddlo income p:uidelines over the 1ive year period. For sale, middle-income guidelines at the time of sale apply. (4) The improvement survey as submttted is not an adequate condominium map and should be revised and resubmttred prior to final presentation before City Council, The map should include schematic 11001' plans and c1'os's- sections deSignating the individual units, a disclosure of ownership, zone district, common elements, on-site parking, and adjacent lots. Following Council approval all recording certificates would be added for Engineering Department approval. Council Approved Denied Date 10. ROUTING: Building Engineering Other Attorney ,..... ....", \.., ,/ MEMORANDUM -..-..,.; TO: Aspen Planning & Zoning Commission FROM: Jolene Vrchota/Sunny Vann - Planning Office RE: Marlow Subdivision Exception (Condominiumization) DATE: November 12, 1980 Zon i ng : R- 15 Location: Lot 7, Block 1, Pitkin Mesa Subdivision (1073-1075 Cemetery Lane) Lot Size: 16,421 sq. ft. (Duplex allowed on 15,000 sq. ft. if prior to code amendment requiring 10,000 sq. ft. per unit~ Application: Subdivision exception to condominiumize an existing duplex. Rental History: Southerly unit: owner occupied until September 1, 1980. Northerly unit: 1,000 sq. ft. rents for $585 per month for past several years. Rent is $0.585 per sq. ft. This falls within the middle category for existing units (Resolutions 3 and 18, 1980). Engineering Comments: See attached memo stating one requirement for completion of site and condominiumization plans which should be completed prior to City Council approval. Attorney's Comments: Subdivision exception approval should be conditionedupon require- ments of Section 20-22: Housing Director's Comments: No comment was received. (1) Notice and option provisions to current tenants. (2) Six-month minimum lease restrictions with no more than two shorter tenancies each year, for both units. Consider rental history to determine if it falls in low and moderate housing pool. Planning Office Recommendation: Recommendation of approval conditioned on: (1) Notice and option provisions to current tenants (Section 20-22) . (2) Six-month minimum lease restrictions with no more than two shorter tenancies each year, for both units (Section 20-22). (3) Deed restriction of the northerly unit to the City's middle-income housing price guidelines for rental or sale, for five (5) years;or other provisions to keep the unit in the employee housing pool. (4) The improvement surveyas submitted is not an adequate condominium map and should be revised and resubmitted prior to final presentation before council. The map should include schematic floor plans and cross-sections designating the individual units, a disclosure of owner- ship, zone district, common elements, on-site parking, and adjacent lots. Following council approval all recording certificates would be added for engineering department approval. ....... ,,,"",, " \;. f ,;' P & Z Recorrunendation: At its regular meeting on November 18, 1980, the Aspen Planning and Zoning Corrunission recorrunended subdivision exception (waive conceptual approval before City Council and preliminary before P&Z) for condominiumization of an existing duplex at Lot 7, Block 1, Pitkin Mesa Subdivision, conditioned on: (1) Notice and option provisions to current tenants (20-22) (2) Six-month minimum lease restrictions with no more than two shorter tenancies each year, for both units (20-22) (3) Deed restriction of the northerly unit to the current rent ($585 per month) with an annual increase as allowed by City Council resolution defining low, moderate and middle income guidelines over the five year period. For sale, middle-income guidelines at the time of sale apply. (4) The improvement survey as submitted is not an adequate condominium map and should be revised and resubmitted prior to final presentation before City Council. The map should include schematic floor plans and cross- sections designating the individual units, a disclosure of ownership, zone district, corrunon elements, on-site parking, and adjacent lots. Following Council approval all recording certificates would be added for Engineering Department approval. / t)((ffTi ~"-l APPLICATION FOR EX~WPTION FROM DEFINITION OF A SUBDIVISION Pursuant to Section 20-19 of the Code of Ordinances, City of Aspen, Colorado, the applicant, through their attorney, Charles T. Brandt, hereby submits to the Aspen Planning Commission this written application for exemption from the definition of a subdivision under Aspen Colorado Subdivision Regulation. The applicants are the owners of the following described real estate located in the City of Aspen, County of Pitkin, State of Colorado, to wit: Lot 7, Block I, Pitkin Mesa Subdivision as recorded in Plat Book 3 at Page 58. There exists on the subject real estate a residential duplex. The building is divided into two separate living quarters. The applicants desire to convert both such quarters into condominium units and further desire to be exempted from the definition of a subdivision of the ordinance of the Aspen Code for the following reasons: 1. There are special circumstances or conditions affecting the subject property such that the strict applications of the provisions of the subdivision regulation would deprive the applicants of the reasonable use of their land. It is the established practice of the Aspen Planning Commission to exempt condominium conversions from the subdivision regulations because of the special circumstances surrounding such condominium conversions. 2. The exemption is necessary for the preservation and enjoyment of a substantial property right of the applicants. Application of the subdivision regulations would hinder the applicants in conveying either of the subject condominium units, and so impair their enjoyment of their property. 3. The granting of the exemption will not be detrimental to the public welfare or injurious to other property in the area in which the subject property is located. No new .---1 , "'. J constructioL, or additional population growth would be effected by the subject condominium conversion. In other words, the subdivision of the existing duplex structure will not result in an increase in density. 4. The division of land contemplated in this application is not within the intent and purpose of the subdivision regulation. That purpose is "to assist the orderly, efficient and integrated development of the City of Aspen; to insure the proper distribution of population and coordinate the need for public services with governmental improvement programs; to encourage well-planned subdivision by setting standards for subdivision design in improvements; to improve land records and survey monuments by establishing standards for surveys, plans and plats; to safeguard the interests of the public and the subdivider and provide consumer protection for the purchaser; to acquire desirable public areas; and to otherwise promote the health, safety and general welfare of the residents of and visitors to the City of Aspen." Subdivision of this existing duplex does not compromise those purposes. 5. The northerly unit is approximately 1,000 square feet in size and rents for $585.00 per month. It has been rented for several years. As for the southerly unit it has been owner occupied until approximately one month ago when Mr. and Mrs. Marlow moved to Middlebury, Vermont. Since this unit has not been rented for 18 months, it would not be subject to the rental restriction provisions of the Aspen Municipal Code. However, as to the northerly unit, the owners will covenant that they will comply with the provisions of Section 20-22 of the Aspen Municipal Code regarding tenant displacement and minimum leasehold periods. Further, if the low and moderate rental guide- lines are applicable to this unit the Owners will abide by the same in renting this unit after condominiumization. . dL,d(L/ Charles T. Brandt, Attorney for Hugh W. Marlow and Barbara H. Marlow August I, 1980 - 2 - PEN 130 s MEMORANDUM DATE: Jolene Vrchota, Planning Office Jay Hammond, Assistant c~eer November 14, 1980 TO: FROM: RE: Marlow Subdivision Exception Having reviewed the above exception application for the purpose of con- dominiumization and made a site inspection, the Engineering Department has the following comments: 1. The exception procedure would be appropriate for the purpose of this application. The improvement survey as submitted is sufficient for acceptance as a conceptual plat at this stage. We would further recommend excepting the applicant from con- ceptual before council and preliminary before P & z. 2. The improvement survey as submitted is not an adequate condo- minium map and should be revised and resubmitted prior to final presentation before council. The map should include schematic floor plans and cross-sections designating the individual units, a disclosure of ownership, zone district, cornmon elements, on-site parking, and adjacent lots. Foll- owing council approval all recording certificates would be added. ","'"". PEN MEMORANDUM DATE: November 3, 1980 TO; Sunny Vann FROM; Bob Edmondson RE Marlow Subdivision Exception Lot 7, Block 1 pitkin Mesa Subdivision recorded in Plat Book 3 at Page 58 If the above-entitled subdivision exception is granted, the approval should be conditioned upon the applicant meeting the following requirements of Section 20-22 of the Municipal Code of the City of Aspen. [xl Notice and option provisions to current tenants [xl Each unit restricted to six-month minimum leases with no more than two shorter tenan- cies in a calendar year Considering the rental history of the property, it is possible that the Planning & Zoning Commission and City Council may determine that the property, or a portion thereof, is within the low and moderate housing pool. The rental history of the property should be presented to them for their consideration. RBE;mc " .-------,--1. B<C6PTlO\J APPLICATION FOR ~XEMPTION FROM DEFINITION OF A SUBDIVISION Pursuant to Section 20-19 of the Code of Ordinances, City of Aspen, Colorado, the applicant, through their attorney, Charles T. Brandt, hereby submits to the Aspen Planning Commission this writ~en application for exemption from the definition of a subdivision under Aspen Colorado Subdivision Regulation. The applicants are the owners of the following described real estate located in the City of Aspen, County of Pitkin, State of Colorado, to wit: Lot 7, Block 1, Pitkin Mesa Subdivision as recorded in Plat Book 3 at Page 58. There exists on the subject real estate a residential duplex. The building is divided into two separate living quarters. The applicants desire to convert both such quarters into condominium units and further desire to be exempted from the definition of a subdivision of the ordinance of the Aspen Code for the following reasons: 1. There are special circumstances or conditions affecting the subject property such that the strict applications of the provisions of the subdivision requlation would deprive the applicants of the reasonable use of their land. It is the established practice of the Aspen Planning Commission to exempt condominium conversions from the subdivision regulations because of the special circumstances surrounding such condominium conversions. 2. The exemption is necessary for the preservation and enjoyment of a substantial property right of the applicants. Application of the subdivision regulations would hinder the applicants in conveying either of the subject condominium units, and so impair their enjoyment of their property. 3. The granting of the exemption will not be detrimental to the public welfare or injurious to other property in the area in which the subiect property is located. No new - I, ,-.." """"" ,,",..,.. ....~'" construction, or additional population growth would be effected by the subject condominium conversion. In other words, the subdivision of the existing duplex structure will not result in an increase in density. 4. The division of land contemplated in this application is not within the intent and purpose of the subdivision regulation. That purpose is "to assist the orderly, efficient and integrated development of the City of Aspen; to insure the proper distribution of population and coordinate the need for public services with governmental improvement programs; to encourage well-planned subdivision by setting standards for subdivision design in improvements; to improve land records and survey monuments by establishing standards for surveys, plans and plats; to safeguard the interests of the public and the subdivider and provide consumer protection for the purchaser; to acquire desirable public areas; and to otherwise promote the health, safety and general welfare of the residents of and visitors to the City of Aspen." Subdivision of this existing duplex does not compromise those purposes. 5. The northerly unit is approximately 1,000 square feet in size and rents for $585.00 per month. It has been rented for several years. As for the southerly unit it has been owner occupied until approximately one month ago when Mr. and Mrs. Marlow moved to Middlebury, Vermont. Since this unit has not been rented for 18 months, it would not be subject to the rental restriction provisions of the Aspen Municipal Code. However, as to the northerly unit, the owners will covenant that they will comply with the provisions of Section 20-22 of the Aspen Municipal Code regarding tenant displacement and minimum leasehold periods. Further, if the low and moderate rental guide- lines are applicable to this unit the Owners will abide by the same in renting this unit after condominiumization. c~lfkLrneY for Hugh W. Marlow and Barbara H. Marlow August 1, 1980 - 2 - o o HOLLAND & HART ATTORNEYS AT LAW DENVER COLORADO OFFICE 555 SEVENTEENTH STREET SUITE 2900 DENVER, COLORADO 80202 TELEPHONE (303) 575-8000 WASHINGTON, D. C. OFFICE 1875 EYE STREET, N. W. SUITE 1200 WASHINGTON, D. C. 20006 TELEPHONE (ZQ2) 466-7340 MOUNTAIN PLAZA BUILDING 434 EAST COOPER STREET ASPEN,COLORADO 81611 TELEPHONE (303) 925-3476 CHARLES T. BRANDT (303) 925-3476 October 22, 1980 r~~~~:o~ ~ ASPEN I PITKll~ ,,0. "... PLANNING OFFICE / HAND DELIVERY City/County Planning Office 130 South Galena Aspen, Colorado 81611 Attention: Jolene Vrchota Re: Application of Hugh and Barbara Marlow for Exemption from Aspen Subdivision Regulations - Duplex Condominiumization Dear Jolene: Enclosed please find the above-referenced Application to Condominiumize an existing duplex (4 copies). Our check in the amount of $50.00 in payment of the required Exemp- tion Fee and four (4) copies of the improvement survey on this property are also enclosed. Please set this matter for con- sideration by the Aspen Planning and Zoning Commission at the earliest convenient date. Thank you. Please let me know if you have any questions or whether additional information is required. Very .truly yours, ' c&:-/~-:f for HOLLAND & HART CTB/j If Enclosure MEMORANDUM TO: Aspen City Attorney Aspen City Engineer Aspen City Housing Director FROM: Sunny Vann, Planning Office RE: Marlow Subdivision Exception DATE: October 27, 1980 The attached application requests exception from full subdivision for the purpose of condominiumization of a duplex located in Pitkin Mesa Subdivision. This item is scheduled to come before the Aspen Planning and Zoning Commis- sion on November 18, 1980; therefore, may I please have your comments no later than November 7, 1980? Thank you.